HomeMy WebLinkAbout1994-09-27; City Council; 12883; APPROVAL OF 1994-95 SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSI v-//
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AB#- T’TLEm APPROVAL OF 1994-95 SUBRECIPlENT DE
MTG.7-23-9 AGREEMENTS FOR COMMUNITY DEVELOPMENT CI’
(DEPT. RED. I BLOCK GRANT FUNDS I CI’
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RECOMMENDED ACTION:
Adopt Resolution No. qyc&3b to approve 1994-95 Subrecipient Agreements for Federa
Community Development Block Grant Funds.
. ITEM EXPLANATION
On May 3, 1994, the City Council selected the organizations to receive Federal Commu~
. to disbursing CDBG funding for the subrecipients, the City must complete the appropria
environmental reviews and execute a written agreement for the various approved project1
As required by Federal regulations, staff has completed the required environmental revie
and prepared the following four subrecipient agreements. Agreements with the followin;
organizations are provided for review and approval at this time:
Development Block Grant (CDBG) Entitlement funding for the 1994-95 program year. ;
a Family Service Association/Scholarships for Counseling Services
a Join Hands Save a Lifemouth Diversion & Gang Prevention Progran
a Carlsbad Educational Foundation/School’s Out
a Brother Benno’s Foundation/Homeless Services
The noted Subrecipient Agreements are attached as Exhibit 2 for City Council review ani
approval. The environmental review documentations for the projects are on Ne in the
Housing and Redevelopment Department.
FISCAL IMPACT:
No fiscal impact on the General Fund. All of the above projects will be funded through
Federal CDBG program.
I EXHIBITS:
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c7q-23b 1 - Resolution No. approving 1994-95 Subrecipient Agreements for Federal
CDBG funds.
2 - 1994-95 Subrecipient Agreements.
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CITY COUNCIL RESOLUTION NO. 94 -276
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA
CALIFORNIA, APPROVING SUBRECIPIENT AGREEMENTS FOR THE CI’
OF CARLSBAD’S 1994-95 FEDERAL COMMUNITY DEVELOPMENT BLO(
GRANT PROGRAM i
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5 WHEREAS, the City Council of the City of Carlsbad, California, selected program
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WHEREAS, the City Council of the City of Carlsbad, California, has considered 8
‘3, 1994; 7
receive funding under the City’s 1994-95 Community Development Block Grant Program on I
9 required subrecipient agreements for 1994-95 Community Development Block Grant funds
10 WHEREAS, the City Council has taken all testimony into account.
11 NOW, THEREFORE, BE IT RESOLVED as follows:
I,2 /I 1. That the above recitations are true and correct.
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2. That the City Council has approved the 1994-95 Corn
Development Block Grant Subrecipient Agreements for the €0110
organizations: Family Service Association (Scholarships
Counseling); Join Hands Save a Life (Youth Divershion. Prog
Carlsbad Educational Foundation (School’s Out); and Brother Be
Foundation (Homeless Services). The agreements are on file in thc
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PASSED, APPROVED AND ADOEYTED by the City Council of the City of
Carlsbad, California, on the 27th day of SEPTEMBER , 1994, by the following
vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finn]
NOES: None
ABS"m: None
ABSENT:
ATTEST:
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EXHIBIT 2
COMMUNITY DEVELOPMENT BLOCK GRANT .PROGRA
1994-95 SUBRECIPIENT AGREEMENTS
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND CARLSBAD EDUCATIONAL FOUNDATION FOR 1994-95
FEDERAL COMMNNTTY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 3rd day of
OCTOBER , 19 94 , by and between the CITY OF CARLSBA
a municipal corporation, hereinafter referred to as Tity", and CARLSBAD EDUCATION1
FOUNDATION, 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 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 children with some assistance from the City;
WHEREAS, the City has received environmental clearance to release the funds for this projc
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contai
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1994-1995 Community Development Block Grant (CDBG) fu1
in the amount of three thousand five hundred dollars ($3,500) to the Subrecipient to assist 1
the costs associated with acquiring computers and software programs to enhance the cur
"School's Out" before and after school childcare program being offered at the Subrecipic
office located at 2796 Locker Avenue in Carlsbad, California.
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 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 tou
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.
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2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds .for direct costs related to
acquisition of computers and software programs for the “School’s Out“ before and after schc
child care program for the period beginning July 1, 1994 and ending June 30, 1995. 7
reimbursements for costs shall not exceed a total of $3,500. The City shall not provide
payments/reimbursements in advance of actual expenditures by the subrecipient. (?%din,
contingent upon the City receiving Community Development Block Grantfundsfrom HUD).
The Subrecipient shall submit a “Reimbursement Request“ to the City to request payment
. program administration costs. Each request for reimbursement shall include documentatiol
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 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 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 rep
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 SUPPLIE!&
The Subrecipient shall furnish all labor, materials and services and bear all expenses necc
. to provide the subject program as outlined in this agreement. Under this agreement, the I
only financial obligation to the Subrecipient is to provide the CDBG funds of $3,500 max
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 main1
its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following informat
a. Documentation of the income level and/or age of persons and/or households partic
in or benefitting from the Subrecipient’s program;
benefitting from the Subrecipient’s program; b. Documentation of the number of persons andlor households participating in
c. Documentation of all CDBG funds received from the City;
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d. Documentation of expenses as identified in the Budget; and
e. Any such other related records as the City shall require.
The Subrecipient shall submit quarterly "Progress Reports" during the program year 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
suffcient information to assist the City in monitoring the subrecipient's performance. '
subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditur
At a minimum, the performance reports shall include the following information:
a. Total number of children participating in the program during reported period;
b. Number of Carlsbad low/moderate income children participating in the program du:
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 prov
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
from the date the finding is made or until the finding has been cleared by appropriate ofli
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 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.
until June 30, 1998. All records subject to an audit finding must be retained for three (3) y
6. PROGRAM REQUIREMENTS
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 E
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 requirer
are set forth, by reference, as a provision of this agreement.
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The Subrecipient shall carry out all activities in compliance with all Federal laws and regulatic
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requireme
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as descril
in Section 570.604; and
b. The Subrecipient will not assume the City’s responsibility for initiating the rev
process required under the provisions of Executive Order 12372 described at 570.61:
the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG fund3
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
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.
desires a change in the use of the CDBG funds following approval of this agreement, a wri
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 and/or the award is terminated for convenience. Section 24, Parts 85.43 and 81
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 CI
funds. The subrecipient shall be required to use any real property under the subrecipil
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 c
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
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Reimbursement is not required after the period of time specified in paragraph (a) of
section.
11. 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 pers
injuries or death caused by, or claimed to have been caused by, or resulting from, any intenti
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 liabilitic
claims by reason of alleged defects in any plans and specifications for the project or facilit
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without the 1
written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harn
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 $5,000 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 insm
company authorized to do business in the State of California which meets the requiremen
City Council Resolution No. 91-403 in an insurable amount of not less than one million dc
($1,000,000) 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 fu
certificates of insurance to the City before commencement of work.
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IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed a!
the day and year first written above.
a&l&?,&x AD EDUCATIONAL FOUNDATIONmon-profit organization,
; <- , I ~ L& & - -,&.x,
Y I '~J
CITY OF CARLS the State of California
CLAUDE A. "
ATI'EST:
ALETHA L. RAUTENKRAJYZ, CFIY CLERK
AS TO FORM:
-EL
RON BALL, CITY ATTORNEY 7.2 3.9 +,
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND FAMILY SERVICE ASSOCIATION FOR 1994-95
FEDERAL COMMUNliTY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 3rd day of
OCTOBER , 19 94 , by and between the CITY OF CARLSE
a municipal corporation, hereinafter referred to as "City", and FAMILY SERVICE ASSOCIATI
a non-profit organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has the need to provide basic services related to food, shelter, healtl
clothing to low and moderate income households within Carlsbad;
WHEREAS, the Subrecipient can provide one or more of these basic services for lop
moderate income households with some assistance from the City; and
WHEREAS, 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) f
in the amount of two thousand dollars ($2,000) to the Subrecipient to assist with the
associated with provision of individual, couple and family counseling through the Subrecip
office located at 6120 Paseo Del Norte in Carlsbad, California.
Every effort shall be made by the subrecipient to expend the allocated funds in their entirf
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 an extension from the City for cont
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
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 residentslcitizens of Carlsbad for the period beginnin
1, 1994 and ending June 30, 1995. The reimbursements for costs shall not exceed a tc
$2,000. The City shall not provide any paymentslreimbursements in advance of
expenditures by the subrecipient.
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The Subrecipient shall submit a "Reimbursement Request" to the City to request payment program administration costs. Each request for reimbursement shall include 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 bJ
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 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 proq
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.
activities. However, the program income, retained by the Subrecipient, must be expended b
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 $2,000 maX
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 partici
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.
The Subrecipient shall submit quarterly "Progress Reports" during the program year bel
July 1, 1994 and ending June 30, 1995 within fifteen (15) calendar days of the end c
quarter. The final progress report is due no later than July 15, 1995. The report must j
sufficient information to assist the City in monitoring the subrecipient's performance
subrecipient must demonstrate satisfactory performance prior to reimbursement for expend
in or benefitting from the Subrecipient's program;
benefitting from the Subrecipient's program;
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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 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) y8
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 shaIl receive more than $25,000 in total federal funds in one fiscal
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 fol
funds received in fiscal year 1995-96 per this agreement.
from the City of Carlsbad and/or any other city or agency, the subrecipient is required to su
.6. PROGRAM REQUIREMENTS
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 S
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 reguli
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 desc
in Section 570.604; and
b. The Subrecipient will not assume the City’s responsibility for initiating the r
process required under the provisions of Executive Order 12372 described at 570.(
the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referel
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG fu
religious organizations, if applicable to this agreement and the approved project outlined 1
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7. CHANGES rN USE OF ms
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 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 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 agreen
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG fi
funds. The subrecipient shall be required to use any real property under the subrecipit
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 fa
on hand at the time of expiration and any accounts receivable attributable to the use of CL
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 0'
current fair market value of the property less any portion of the value attributabi
expenditures of non-CDBG funds for acquisition, or improvement to, the prope
Reimbursement is not required after the period of time specified in paragraph (a) of
section.
11. 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 pers
injuries or death caused by, or claimed to have been caused by, or resulting from, any intenti
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 expc
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 facilit!
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12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without the pril
written consent of the City.
13. SUCCESSORS OR ASSTGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmlt
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each
the parties hereto, and each of their respective heirs, executors, administrators, successors, a
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds andlor ot
funds, the Subrecipient shall obtain and maintain policies of general liability insurance an
company authorized to do business in the State of California which meets the requiremenc
City Council Resolution No. 91-403 in an insurable amount of not less than one million dol'
($1,000,000) each, unless a lower amount is approved by the City Attorney or the City ManaI
This insurance shall be in force during the term of this agreement and shall not be cane
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.
combined policy of worker's compensation and employers liability insurance from an insura
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IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed
the day and year first written above.
FAMILY SERVICE ASSOCIATION, a non-profit organization,
k , 1 JUDY LESHEEA, A&A DIRECTOR V
CITY OF CARLSB of the State of California
ATTEST:
f99 A
LETHA L. RAUTENKRANZ, CITY CLERK
APPROVED AS TO FORM:
ab -
RON BALL, CITY ATTORNEY f- 1 9 - ? ‘4.
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AGREEMENT BETWEEN THE
1994-95 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
CITY OF CARLSBAD AND JOIN HANDS-SAVE A LIFE FOR
THIS AGREEMENT, made and entered into as of this 3rd day of
, OCTOBER 9 1994, by and between the CITY OF CARLSBAD, a munici]
corporation, hereinafter referred to as "City", and JOIN HANDS-SAVE A LIFE, 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;
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 children with some assistance from the City;
WHEREAS, the City has received environmental clearance to release the funds for this projc
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 youth diversiodgang prevention program for under-privil
and at-risk youths in Carlsbad through the Subrecipients administrative office located at
Madison Street in Carlsbad, California.
Every effort shall be made by the subrecipient to expend the allocated funds in their entire
September 30, 1995. If the Subrecipient will be unable to expend all of the funds allocat
the project by the noted date, the subrecipient shall request an extension from the Cit
continued use of the funds on the approved project. Based on progress made by the subreci
towards completing the subject project, the City will either agree to grant the extension or I
-the Subrecipient that the funds must be reallocated to another eligible project due to slow PI
progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs rela
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the provision of services for eligible residentdcitizens of Carlsbad for the period beginning JI
1, 1994 and ending September 30, 1995. The reimbursements for costs shall not exceed
expenditures by the subrecipient.
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
met all applicable regulations for the project.
Payroll records, receipts, paid invoices including an itemized statement of all costs are sam~
total of $5,000. The City shall not provide any paymentslreimbursements in advance of aCh
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 rt
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 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 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 $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 maint:
its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following informati1
a. Documentation of the income level and/or age of persons and/or households partici]
b. Documentation of the number of persons and/or households participating in I
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;
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The Subrecipient shall submit quarterly "Progress Reports" during the program year beginnil
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 personslhouseholds participating in the program during reported peric
b. Number of Carlsbad low/moderate income personshouseholds participating in 1
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 provii
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 recox
supporting documents and statistical reports related to the project identified under this agreem
until September 30, 1998. All records subject to an audit finding must be retained for three
years from the date the finding is made or until the finding has been cleared by appropr
officials 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 J
from the City of Carlsbad and/or any other city or agency, the subrecipient is required to sub
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 a
expiration of the agreement. The Subrecipient shall also be required to submit a second a
. for 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.
a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall
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 requiren
of the CDBG Program Regulations, except that:
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a. The Subrecipient will not assume the City’s environmental responsibilities as descri
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 reference
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 C
funds. The subrecipient shall be required to use any real property under the subrecip
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 f 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 prc
Reimbursement is not required after the period of time specified in paragraph (a)
section.
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11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltit
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 negljgent 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 liabilities
claims by reason of alleged defects in any plans and specifications for the project or facilitj
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 to the provisions of this Subrecipient Agreement Paragraph 11, "Hold H~R
. 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 $5,000 from the City in CDBG funds andlor
funds, the Subrecipient shall obtain and maintain policies of general liability insurance i
combined policy of worker's compensation and employers liability insurance from an insu
company authorized to do business in the State of California which meets the requiremer
City Council Resolution No. 91-403 in an insurable amount of not less than one million dc
($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 ca
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 G
certificates of insurance to the City before commencement of work.
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IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as
the day and year first written above.
JOIN HANDS - SAVE A LIFE, a non-profit organization,
.i
l"J,,,- .- g4 &. .&4 -/~" T"
FRANK ANTHONY SORI~,CHIEF EXECUTIVE OFFICER ,
tate of California tate of California
ATTEST:
OOxL- / (gzkAu-
ALETHA L. RAUTENKRANZ, CITY CLE*
APPROVED AS TO FORM:
A
RON BALL, -
CITY A'lTORNEY 9. tT. st/,
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND BROTHER BENNO'S FOUNDATION FOR
1994-95 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this ~3rd day of
OCTOBER , 19 94 , by and between the CITY
CARLSBAD, a municipal corporation, hereinafter referred to as "City", and BROTHER BEM
FOUNDATION, a non-profit organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has the need to provide basic services related to food, shelter, healtl
clothing to low and moderate income households within Carlsbad;
WHEREAS, the City has the need to provide affordable housing or housing related servic
low and moderat income Carlsbad households;
WHEREAS, the City has the need to provide services which directly benefit children
elderly, disabled persons, and the homeless;
WHEREAS, the Subrecipient can provide o'ne or more of these basic services for ION
moderate income households, temporary shelter to the homeless, and services which directly benef
homeless with some assistance from the City;
WHEREAS, 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) f
in the amount of five thousand dollars ($5,000) to the Subrecipient to assist with the
associated with provision of basic life services to the homeless and the poor, which includ
are not limited to food, clothing, showers, laudry facilities, mailing address, counseling,
work, ,and temporary shelter. Services will be offered through the Subrecipient's office IC
at 3260 Production Avenue in Oceanside, California.
Every effort shall be made by the subrecipient to expend the allocated funds in their entirf 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 an extension from the City for cont
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
Subrecipient that the funds must be reallocated to another eligible project due to slow p
progress.
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2. DISBURSEMENT OF RTNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs relate
the provision of services for eligible residents/citizens of Carlsbad for the period beginning.
1, 1994 and ending June 30, 1995. The reimbursements for costs shall not exceed a tota
$5,000. The City shall -not provide any payments/reimbursements in advance of ac
expenditures by the subrecipient.
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 approvec
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 sarr
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 shall report, to the City, any interest, or other income, earned as a direct r8
of the use of federal CDBG funds for the program outlined within this agreement. All rep(
program income may be retained by the Subrecipient for costs related to the subject pro4
activities. However, the program income, retained by the Subrecipient, must be expended bt
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 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 $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 maintal
its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following informatio
a. Documentation of the income level and/or age of persons and/or households particip
b. Documentation of the number of persons and/or households participating in tt
c. Documentation of all CDBG funds received from the City;
d. Documentation of expenses as identified in the Budget; and
in or benefitting from the Subrecipient's program;
benefitting from the Subrecipient's program;
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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. r
subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditur
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 lowlmoderate income Carlsbad 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 prov
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, 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 recc
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 off
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 SI
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
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 aui
the period covered under fiscal year beginning Juiy 1, 1995 and ending June 30, 1996 f(
funds received in fiscal year 1995-96 per this agreement.
neutral third-party auditor. The audit shall cover financial operations of the Subrecipient fc
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 requirl
are set forth, by reference, as a provision of this agreement.
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The Subrecipient shall carry out all activities in compliance with all Federal laws and regulatic
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requireme
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as descri‘
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 reference
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 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 C.
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 andlor 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. Any real property under the Subrecipient’s control that was acquired or impro
whole or in part with CDBG funds in excess of $25,000 shall be either:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the 1
regulations until five (5) years after termination or expiration of the Agreement;
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 propel
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L
Reimbursement is not required after the period of time specified in paragraph (a) of 1
section.
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penalt fines, or any damage to goods, properties, or effects of any person whatsoever, nor €or 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 cost/and expt
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 facilit]
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 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.
14. INSURANCE
If the Subrecipient shall 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 requiremen
' City Council Resolution No. 91-403 in an insurable amount of not less than one million do
($1,000,000) 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 cant
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
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I
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IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed a the day and year first written above.
.x*
.I i
BRO.TKER BENNO’S FOUNDTATION, a non-profit organization,
p7 9 1’ -f% .’ ,., // f-
*,) , ,/.,/ f- ..I I/ . . I <2- (I , ,
c-,
CITY OF CAR e State of California
A’ITEST:
ALETHA L, RAUTENKRANZ, CITY CLERK 1
APP VED AS TO FORM: A
RON BALL, CITY ATTORNEY 9- 27. 3cc.
6