Loading...
HomeMy WebLinkAbout1995-09-12; City Council; 13297; APPROVAL OF 1995-96 AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSc .. b ha 0 CL cc 9 2 z 0 F 0 .. a u J z 3 8 0 * 0 /a5 q3/ CITY OF CARLSBAD - AGEhDA BILL AB# /<497 TITLE: -7- DEPT. t MTG. H5Ar DEPT. H/RED AGREEMENTS FOR COMMUNITY DEVELOPMENT CITY A CITY M APPROVAL OF 1995-96 SUBRECIPIENT BLOCK GRANT FUNDS I RECOMMENDED ACTION: Adopt Resolution No. ys-2”& to approve 1995-96 Subrecipient Agre federal Community Development Block Grant Funds. ITEM EXPLANATION: On April 1 1, 1995, the City Council selected the organizations to receive federal Development Block Grant (CDBG) Entitlement funding for the 1995-96 program to disbursing CDBG funding for the subrecipients, the City must complete the environmental reviews and execute a written agreement for the various approvec Subrecipient agreements with nine subrecipients have been prepared and are Exhibit 2 for City Council review and approval at this time. The following subre receive CDBG funds for activities to benefit low and moderate-income Carlsbad e e e e - 0 e e e Senior Adult Services County of San Diego Community Resource Center Family Service Association Lifeline Community Services Join Hands-Save a Life Catholic Charities Catholic Charities Heartland Human Relations Meals on Wheels Carlsbad Care Crew Homeless Prevention Program Counseling Services Housing Services Gang Prevention Program Good Samaritan House La Posada de Guadalupe Fair Housing Educ. & Counseling $ $ $ $ $ $1 $ $1 $ As required by federal regulations, staff has completed the required environmc documentation for the above CDBG funded project and has determined that these exempt from environmental review under 24 CFR Section 58.34 (a). The en review documentations for these projects are on file in the Housing and Red Department. FISCAL IMPACT: No fiscal impact on the General Fund. All of the above projects will be funded federal CDBG program. EXHIBITS: I. Resolution NO. YXaa approving 1995-96 Subrecipient Agre federal CDBG funds. 2. 1995-96 Subrecipient Agreements. (On file in the City Clerk’s Office.) r 11 0 I 2 3 4 5 6 7 8 .9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ If ~ C. !,PI ClTY COUNClL KESOLUTlON NO. 95-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLS CALIFORNIA, APPROVING SUBRECIPIENT AGREEMENTS FOR TFlE OF CARLSBAD'S 1995-96 FEDEKAL COMMUNITY DEVELOI'MEN'I' 131 GRANT PROGRAM WHEREAS, on April 11, 1995, the City Council of the City of Carlsbad, Cal selected the programs to receive funding under the City's 1995-96 Community Develo Block Grant (CDBG) Program; WHEREAS, the City Council of the City of Carlsbad, California has consider required subrecipient agreements for 1995-96 Community Development Block Grant fun( WHEREAS, the City has determined that CDBG funded projects to be administe Senior Adult Services, County of San Diego, Community Resource Center, Family S Association, Lifeline Community Services, Join Hands-Save a Life, Catholic Charitie Heartland Human Relations and Fair Housing Association are exempt from environmental 1 under 24 CFR Section 58.34 (a); and, WHEREAS, the City Council has taken all testimony into account. , NOW, THEREFORE, BE IT RESOLVED as follows: I 1. That the above recitations are true and correct. 2. That the City Council has approved the 1995-96 Comr Development Block Grant Subrecipient Agreements for the foll organizations: Senior Adult Services/Meals on Wheels, County ( Diego/Carlsbad Care Crew, Community Resource Center/Hol Prevention Program, Family Service AssociationlCounseling SeI Lifeline Community Services/Housing Services, Join Hands-S House, Catholic CharitiedLa Posada de Guadalupe, and Hea Human Relations and Fair Housing Association/Fair Housing Edu and Counseling Program. The agreements are on file in the City C Office. .. Life/Gang Prevention Program, Catholic CharitieslGood Sam ... ... ... I., ll e 0 1 PASSED, APPROVED AND ADOPTED by the City Council of the City of * 8 following vote, to wit: 3 Carlsbad, California, on the 12 th day of SEPTEMBER , 1995, by 4 5 6 AYES: Council Members Lewis, Nygaard, Kulchin, Finn 7 8 9 10 NOES: None ABSTAIN: None 11 12 13 14 15 ABSENT: . None 16 18 17 ATTEST: 10 ALETHA L, RAUTENKRANZ, City Clpk 20 21 22 23 24 25 26 27 II 28 11 * e e AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SENIOR ADULT SERVICES FOR 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 19th day of SEPTEMBER , 1995, by and between the CITY OF CARLSBAD, a munic corporation, hereinafter referred to as "City", and SENIOR ADULT SERVICES, a non- p organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Govern] under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide assistance to non-profit public service prov who offer counseling and self-improvement programs/activities for lower income persons; WHEREAS, the City has the need to provide assistance to organizations which admir programs that directly benefit low income adults with special needs living in Carlsbad; 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 determined that the Meals-on-Wheels Program administered by S1 Adult Services is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(9); NOW, THEREFORE, in consideration of these recitals and the mutual covenants conti herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1995-1996 Community Development Block Grant (CDBG) fi in the amount of eight thousand dollars ($8,000) to the Subrecipient to assist with the associated with provision of a Meals-on-Wheels program for senior citizens and the dis, within the city limits of Carlsbad, California. Meals will be delivered twice a day, five day week to homebound seniors and disabled persons in Carlsbad. The Meals-on-Wheels progr, operated through the Senior Adult Services administrative offices located at 2437 Mc Boulevard, San Diego, California. Every effort shall be made by the hbrecipient to expend the allocated funds in their entire June 30, 1996. 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 cont use of the funds on the approved project. Based on progress made by the subrecipient to\ 1 W 0 completing the subject project, the City will either agree to grant the extension or notify ' Subrecipient that the funds must be reallocated to another eligible project due to slow prc progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CEBG funds for administrative costs relate 1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be r in accordance to budget information to be submitted to the City and in accordance shall not provide any paymentdreimbursements in advance of actual expenditures by subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request paymen program administration costs. Prior to receiving reimbursement, the City will verify tha Subrecipient has administered and implemented the Meals-on-Wheels Program in compliance all applicable Federal, state, and local rules and regulations governing these funds, and manner satisfactory to the City. Each request for reimbursement shall include documentation to verify expenditure of fund consistent with the project description/definition as approved by the City Council. Pa records, receipts, paid invoices including an itemized statement of all costs are samplt 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 provision of services for eligible residentdcitizens of Carlsbad for the period beginning performance. The reimbursements for costs shall not exceed a total of $8,000. The 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 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 $8,000 maxi as allocated by the City Council for program year 1995-96. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. records shall include but not be limited to: 2 e e a. Records providing a full description of each activity undertaken; b. ' Records demonstrating each activity undertaken meets on of the National Objectivt the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of e. Records documenting compliance with the fair housing and equal opportunity compol f. Documentation of all CDBG funds received from the City, eligible expenses incurre property acquired or improved with CDBG assistance; of the CDBG program; administration of each activity, and other financial records as required by 24 CFR 570.502, and OMB Circular A-110; and, g. Any other related records as the City shall require to demonstrate compliance applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" during the program year bkgiI July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of quarter. The final progress report is due no later than July 15, 1996. The report 'must in1 subrecipient must demonstrate satisfactory performance prior to reimbursement for expendit At a minimum, the performance reports shall include the following information: a. Total number of personshouseholds participating in the program during reported pe b. Total number of participants from Carlsbad; program during the reporting period; sufficient information to assist the City in monitoring the subrecipient's performance. C. Number of low/moderate income Carlsbad personshouseholds participating il d. Age -and ethnic background of Carlsbad participants; e. Summary of program(s) provided to Carlsbad participants; and The Subrecipient shall maintain client data demonstrating client eligibility for services prov Such data shall include at the minimum client name, address, ethnicity, income level or basis for determining eligibility, and description of service provided. This data shall assi Subrecipient in completing the required quarterly progress reports to be submitted to the 1 The Subrecipient shall maintain separate accounting records for the federal CDBG funds pro by the City. The City, Federal Grantor Agency, Comptroller General of the United Stat1 any of their duly-authorized representatives shall have access to all books, documents, papa 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 ret supporting documents and statistical reports related to the project identified under this agrel for a period of three (3) years after the termination of all activities funded under this Agree All records subject to an audit finding must be retained for three (3) years from the da finding is made or until the finding has been cleared by appropriate offlcials and the Subrec has been given off-icial written notice. If the Subrecipient shall receive more than $25,000 in total federal funds in one fisca from the City of Carlsbad and/or any other city or agency, the subrecipient is required to s a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient sh 3 m 0 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, 1995 and ending June 30, 1996 and is due not later than one year I expiration of the agreement. The Subrecipient shall also be required to submit a second audi the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 for funds received in fiscal year 1996-97 per this Agreement. 6, PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fa Regulations, Part 570 (the Housing and Urban Development regulations concerning Comml Development Block Grants). The Subrecipient also agrees to adhere to the terms of the C CDBG Application and Subrecipient Agreement and with assurances and agreements madr the City, to the United States 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 rl process required under the provisions of Executive Order 12372 described at 570.f 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. The subrecipient shall comply with all federal regulations related to the use of CDBG fun religious organizations, if applicable to this agreement and the approved project outlined h 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subrec desires a change in the use of the CDBG funds following approval of this agreement, a 1 request must be submitted to the City for review by the Council. No change in use of the I 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 provision of services and the equal opportunity employment of personnel. 4 v 0 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 agreerr 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 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 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 c 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 pro€ Reimbursement is not required after the period of time specified in paragraph (a) o section. 11. HOLD HARMLESS AGREEMENT ' The City, its officers, and employees shall not be liable for any claims, liabilities, pena fines, or any damage to goods, properties, or effects of any person whatsoever, nor for per injuries or death caused by, or claimed to have been caused by, or resulting from, any intenl or negligent acts, errors 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 office1 employees against any of the foregoing liabilities or claims of any kind and any costland ex; that is incurred by the City on account of any of the foregoing liabilities, including liabilit claims by reason of alleged defects in any plans and specifications for the project or facil' 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without tht written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Ha: Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind e the parties hereto, and each of their respective heirs, executors, administrators, successor assigns. 5 9 0 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds andlor ot: funds, the Subrecipient shall obtain and maintain policies of general liability insurance an combined policy of worker’s compensation and employers liability insurance from an insura company authorized to do business in the State of California which meets the requirements City Council Resolution No. 91-403 in an insurable amount of not less than one million dol ($l,UUU,UUU) 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 fur certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed I the day and year first written above. SENIOR ADULT SERVICES, a non-profit organization, J! . ate of California ATTEST: ALETHA L. RAUTENKRANZ, CITY CLER& APPROVED AS TO FORM: - RONALD R. BALL, CITY ATTORNEY 6 0 0 AGREEMEhT BETWEEN THE CITY OF CARLSBAD AND COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTH/MENTAL HEALTH SERVICES 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 19th day of SEPTEMBER , 1995, by and between the CITY OF CARLSBAD, a muni corporation, hereinafter referred to as "City", and COUNTY OF SAN DIEGO, DEPARTMENT HEALTH/MENTAL HEALTH SERVICES, a public corporation, hereinafter referred ti "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Govern under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide assistance to non-profit public service pro1 who offer counseling and self-improvement programs/activities €or lower income persons; WHEREAS, the City has the need to provide assistance to organizations which admi programs that directly benefit low income adults with special needs living in Carlsbad; WHEREAS, the Subrecipient can provide one or more of these basic services for 101 moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the provision of these services through the Ca Care Crew is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(9); NOW, THEREFORE, in consideration of these recitals and the mutual covenants cor herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1995-1996 Community Development Block Grant (CDBG) in the amount of seven thousand dollars ($7,000) to the Subrecipient for operation Carlsbad Care Crew Program. The Carlsbad Care Crew Program will provide improvement and personal assistance to low-income senior citizens to promote independen' and employ North Coastal County Mental Health clients to provide such services, throl Subrecipient's administrative office located at 2775 Carlsbad Boulevard in Carlsbad, Cali Every effort shall be made by the subrecipient to expend the allocated funds in their enti June 30, 1996. If the Subrecipient will be unable to expend all of the funds allocated 1 0 e project by the noted date, the subrecipient shall request an extension from the City for continl use of the funds on the approved project. Based on progress made by the subrecipient towa completing the subject project, the City will either agree to grant the extension or notify Subrecipient that the funds must be reallocated to another eligible project due to slow pro- progress. 2, DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrative costs relate the provision of services for eligible residentshitizens of Carlsbad for the period beginning 1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be n in accordance to budget information to be submitted to the City and in accordance ' performance. The reimbursements for costs shall not exceed a total of $7,000. The shall cot provide any payments/reimbursements in advance of actual expenditures by subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request paymen program administration costs. Prior to receiving reimbursement, the City will verify tha Subrecipient has administered and implemented the Carlsbad Care Crew Program in complj with all applicable Federal, state, and local rules and regulations governing these funds, a~ a manner satisfactory to the City. Each request for reimbursement shall include documentation to verify expenditure of fund consistent with the project description/definition as' approved by the City Council. P: 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, oi agreement. records, receipts, paid invoices including an itemized statement of dl COS& are Smpl 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct of the use of federal CDBG funds for the program outlined within this agreement. All re1 program income may be retained by the Subrecipient for costs related to the subject prc activities. However, the program income, retained by the Subrecipient, must be expended 1 additional funds are requested from the City. The requirements are set forth in the f 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 nec 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 $7,000 ma; as allocated by the City Council for program year 1995-96. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specifia 2 0 0 CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. SI records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objective: c, Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of e. Records documenting compliance with the fair housing and equal opportunity compon the CDBG program; property acquired or improved with CDBG assistance; of the CDBG program; administration of each activity, and other financial records as required by 24 CFR 570.502, and OMB Circular A-110; and, g. Any other related records as the City shall require to demonstrate compliance applicable Federal, state, and local rules and regulations governing these funds. f. Documentation of all CDBG funds received from the City, eligible expenses incurrec The Subrecipient shall submit quarterly "Progress Reports" during the program year begin July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of quarter. The final progress report is due no later than July 15, 1996. The report must inc sufficient information to assist the City in monitoring the subrecipient's performance. subrecipient must demonstrate satisfactory performance prior to reimbursement for expendit At a minimum, the performance reports shall include the following information: a. Total number of personshouseholds participating in the program during reported pe b. Total number of participants from Carlsbad; program during the reporting period; C. Number of low/moderate income Carlsbad personshouseholds participating ir d. Age and ethnic background of Carlsbad participants; e. Summary of program(s) proyided to Carlsbad participants; and The Subrecipient shall maintain client data demonstrating client eligibility for services pro1 Such data shall include at the minimum client name, address, ethnicity, income level or basis for determining eligibility, and description of service provided. This data shall assi Subrecipient in completing the required quarterly progress reports to be submitted to &he The Subrecipient shall maintain separate accounting records for the federal CDBG funds prc by the City. The City, Federal Grantor Agency, Comptroller General of the United Stat any of their duly-authorized representatives shall have access to all books, documents, pape records maintained by the Subrecipient which directly pertain to the above project for the p~ of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial re supporting documents and statistical reports related to the project identified under this agrf for a period of three (3) years after the termination of all activities funded under this Agrel All records subject to an audit finding must be retained for three (3) years from the d; finding is made or until the finding has been cleared by appropriate offlcials and the Subre' has been given official written notice. 3 @ 0 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 sut 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 for period beginning July 1, 1995 and ending June 30, 1996 and is due not later than one year i expiration of the agreement. The Subrecipient shal! also be required to submit a second audi the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 for funds received in fiscal year 1996-97 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fec Regclaticns, Par: 570 (the Housing ax! Urban Development regulations concerning Cornmi Development Block Grants). The Subrecipient also agrees to adhere to the terms of the C CDBG Application and Subrecipient Agreement and with assurances and agreements mad6 the City, to the United States 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 des 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.r the Code of Federal Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referer 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 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subre desires a change in the use of the CDBG funds following approval of this agreement, a ‘ request must be submitted to the City for review by the Council. No change in use of the funds will be permitted by the City without prior formal approval by the Council. 8. NONDTSCRTMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscriminatio. provision of services and the equal opportunity employment of personnel. 4 0 e 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, t agreement may be suspended or terminated if the subrecipient fails to comply with any tern of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreemc 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 CC funds. The subrecipient shall be required to use any real property under the subrecipie control that was acquired or improved in whole or in part with CDBG funds in excess of $25, io either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the fet 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 o 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 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, pena fines, or any damage to goods, properties, or effects of any person whatsoever, nor for per, 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 liabilitj 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 ASSTGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Ha Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind e the parties hereto, and each of their respective heirs, executors, administrators, successo~ assigns. 5 e 0 14. INSlTRANCE 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 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 requirement City Council Resolution No. 91-403 in an insurablz 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 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 ful certificates of insurance to tke City tefma cornmencczent of work. 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 HEALTIWMENTAL HEALTH SERVICE pubIic corporation, ,/I%!-& 1 5,OJ &eWj f& I I r"^d..t j?Ld?. ATTEST: ALETHA L. RAUTENKRANZ, CITY CLERK! APP- AS TO FORM: [LQL RONALD R. BALL, CITY ATTORNEY 6 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COMMUNITY RESOURCE CENTER FOR 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 19th day of SEPTEMBER , 1995, by and between the CITY OF CARLSBAD, a municipal corpora hereinafter referred to as "City", and COMMUNITY RESOURCE CENTER, a non-profit organizz hereinafter referred to as "Subrecipient". RECITALS WHEREAS, fie City has applied for and received funds from the United States Goverl under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide shelter or services to homeless or near hon persons/families which result in an improved situation through employment, permanent housing, tre; of mental, or substance abuse problems, etc.; WHEREAS, the City has the need to provide assistance to non-profit public service pro who meet the basic needs related to food, shelter, clothing and, in some cases, health care of income persons; WHEREAS, the City has the need to provide assistance to non-profit public service pro who offer counseling and self-improvement programs/activities for lower income persons; WHEREAS, the Subrecipient can provide one or more of these basic services for IC moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the Community Resource Center's Hc Prevention Program is exempt from environmental review under 24 CFR Part 58, Section 58.3~ NOW, THEREFORE, in consideration of these recitals and the mutual covenants co: herein, City and Subrecipient agree as foIlows: 1. STATEMENT OF WORK The City has allocated federal 1994-1995 Community Development Block Grant (CDBG: in the amount of five thousand dollars ($5,000) to the Homeless Prevention Program at the Subrecipient's office located at 3138 Roosevelt Street in Carlsbad, California. funds will be used for administrative costs associated with provision of social services an assistance in an effort to help lowlmoderate income persons maintain adequate housing 1 a 0 Every effort shall be made by the subrecipient to expend the allocated funds in their entirety June 30, 1996. If the Subrecipient will be unable to expend all of the funds allocated to project by the noted date, the subrecipient shall request an extension from the City for contint use of the funds on the approved project. Based on progress made by the subrecipient towa completing the subject project, the City will either agree to grant the extension or notify Subrecipient that the funds must be reallocated to another eligible project due to slow pro progress. 2. DISBURSEMENT OF FUNDS The City shaII 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, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be IT in accordance to budget information to be submitted to the City and in accordance performance. The reimbursements for costs shall not exceed a total of $5,000. The shall not provide any payrnentdreimbursements in advance of actual expenditures by subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request paymen program administration costs. Prior to receiving reimbursement, the City will verify thal Subrecipient has administered the Homeless Prevention Program in compliance with all applic Federal, state, and local rules and regulations governing these funds, and in a manner satisfa' to the City. Each request for reimbursement shall include documentation to verify expenditure of fund consistent with the project description/definition as approved by the City Council. Pa records, receipts, paid invoices including an itemized statement of all costs are samplc 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, o agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct of the use of federal CDBG funds for the program outlined within this agreement. All re1 program income may be retained by the Subrecipient for costs related to the subject prc activities. However, the program income, retained by the Subrecipient, must be expended * additional funds are requested from the City. The requirements are set forth in the i 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 dl expenses nec 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 ma: as allocated by the City Council for program year 1995-96. 2 0' 0 5, RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. S records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objective c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of e. Records documenting compliance with the fair housing and equal opportunity compon the CDBG program; property acquired or improved with CDBG assistance; of the CDBG program; administration of each activity, and other financial records as required by 24 CFR 570.502, and OMB Circular A-110; and, g. Any other related records as the City shall require to demonstrate compliance applicable Federal, state, and local rules and regulations governing these funds. f. Documentation of all CDBG funds received from the City, eligible expenses incurrec The Subrecipient shall submit quarterly "Progress Reports" during the program year begir July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of quarter. The find progress report is due no later than July 15, 1996. The report must in1 sufficient information to assist the City in monitoring the subrecipient's performance. subrecipient must demonstrate satisfactory performance prior to reimbursement for expendit At a minimum, the performance reports shall include the following information: a. Total number of personshouseholds participating in the program during reported p~ b. Total number of participants from Carlsbad; program during the reporting period; C. Number of low/moderate income Carlsbad personshouseholds participating i d. Age and ethnic background of Carlsbad participants; e. Summary of program(s) provided to Carlsbad participants; and The Subrecipient shall maintain client data demonstrating client eligibility for services pro' Such data shall include at the minimum client name, address, ethnicity, income level 01 basis for determining eligibility, and description of service provided. This data shall ass Subrecipient in completing the required quarterly progress reports to be submitted to the The Subrecipient shall maintain separate accounting records for the federal CDBG funds prc by the City. The City, Federal Grantor Agency, Comptroller General of the United Sta any of their duly-authorized representatives shall have access to all books, documents, pap€ records maintained by the Subrecipient which directly pertain to the above project for the p of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial rl supporting documents and statistical reports related to the project identified under this agr for a period of three (3) years after the termination of all activities funded under this Agre All records subject to an audit finding must be retained for three (3) years from the d 3 0 0 finding is made or until the finding has been cleared by appropriate officials and the Subrecip 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 sut 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, 1995 and ending June 30, 1996 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, 1996 and ending June 30, 1997 for funds received in fiscal year 1996-97 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fer Regulations, Part 570 (the Housing and Urban Development regulations concerning Corn Development Block Grants). The Subrecipient also agrees to adhere to the terms of the C CDBG Application and Subrecipient Agreement and with assurances and agreements mad1 the City, to the United States 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. The Subrecipient shall carry out all activities in compliance with all Federal laws and rep17 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 r process required under the provisions of Executive Order 12372 described at 570.t the Code of Federal Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referex a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use of CDBG fu1 religious organizations, if applicable to this agreement and the approved project outlined 1 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG'funds must be approved by the City Council. If the Subre' desires a change in the use of the CDBG funds following approval of,this agreement, a 7 request must be submitted to the City for review by the Council. No change in use of the funds will be permitted by the City without prior formal approval by the Council. 4 0 0 8. NomISCRIMINATION 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 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 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 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) pears 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 vaIue of the property less any portion of the value attributal 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) 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, injuries or death caused by, or claimed to have been caused by, or resulting from, any inten or negligent acts, errors 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 office 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 liabilil claims by reason of alleged defects in any plans and specifications for the project or facil 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without th written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Ha 5 0 a 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 $5,OoG from the City in CDBG funds and/or c funds, the Subrecipient shall obtain and maintain policies of general liability insurance a combined policy of worker's compensation and employers liability insurance from an insur company authorized to do business in the State of California which meets the requiremen City Council Resolution No. 91-403 in an insurable amount of not less than one million do ($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 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 fui certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first written above. COMMUNITY RESOURCE CENTER, a non-profit organization ATTEST: ALETHA L. RAUTENKRANZ, CITY CLERK) AS TO FORM: 0 RONATD R. BALL, CITY ATTORNEY 6 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD FEDERAL COMLMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND FAMILY SERVICE ASSOCIATION FOR 1995-96 THIS AGREEMENT, made and entered into as of this 19 th. day of SEPTEMBER , 1995 by and between the CITY OF CARLSBAD, a mun' corporation, hereinafter referred to as "City", and FAMILY SERVICE ASSOCIATION, a non- organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Gover~ under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 tc eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide assistance to non-profit public service pro who offer counseling and self-improvement programs/activities for lower income persons; WHEREAS, the Subrecipient can provide this service for low and moderate income hous with some assistance from the City; and, WHEREAS, the City has determined that the Family Service Association's Counseling St is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(9); NOW, THEREFORE, in consideration of these recitals and the mutual covenants cor herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1995-1996 Community Development Block Grant (CDBG) in the amount of one thousand dollars ($1,000) to the Subrecipient to provide scholarships and moderate persons to receive individual, couple and family counseling throu Subrecipient's 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 enti June 30, 1996. 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 co use of the funds on the approved project. Based on progress made by the subrecipient ' completing the subject project, the City will either agree to grant the extension or nc Subrecipient that the funds must be reallocated to another eligible project due to slow progress. 1 e 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 J 1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be m; in accordance to budget information to be submitted to the City and in accordance H performance. The reimbursements for costs shall not exceed a total of $1,000. The C shall not provide any paymentsheimbursements in advance of actual expenditures by subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request payment program administration costs. Prior to receiving reimbursement, the City will verify that Subrecipient has administered the counseling program in compliance with all applicable Fed6 state, and local rules and regulations governing these funds, and in a manner satisfactory to City. Each request for reimbursement shall include documentation to verify expenditure of funds consistent with the project description/definition as approved by the City Council. Pa] records, receipts, paid invoices including an itemized statement of all costs are sample 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, 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 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 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, 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 $I,OOO maxi as allocated by the City Council for program year 1995-96. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. records shall include but not be limited to: a. ' Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectil the CDBG program; 2 0 0 c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of e. Records documenting compliance with the fair housing and equal opportunity compor property acquired or improved with CDBG assistance; of the CDBG program; administration of each activity, and other financial records as required by 24 CFR 570.502, and OMB Circular A-110; and, g. Any other related records as the City shall require to demonstrate compliance applicable Federal, state, and local rules and regulations governing these funds. f. Documentation of all CDBG funds received from the City, eligible expenses incurre The Subrecipient shall submit quarterly "Progress Reports" during the program year begir July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of quarter. The final progress report is due no later than July 15, 1996. The report must inc suffkient information to assist the City in monitoring the subrecipient's performance. subrecipient must demonstrate satisfactory performance prior to reimbursement for expendit At a minimum, the performance reports shall include the following information: a. Total number of personshouseholds participating in the program during reported PI b. Total number of participants from Carlsbad; program during the reporting period; C. Number of lowlmoderate income Carlsbad personshouseholds participating i d. Age and ethnic background of Carlsbad participants; e. Summary of program(s) provided to Carlsbad participants; and The Subrecipient shall maintain client data demonstrating client eligibility for services pro1 Such data shall include at the minimum client name, address, ethnicity, income level or basis for determining eligibility, and description of service provided. This data shall assi Subrecipient in completing the required quarterly progress reports to be submitted to the The Subrecipient shall maintain separate accounting records for the federal CDBG funds prc by the City. The City, Federal Grantor Agency, Comptroller General of the United Stat any of their duly-authorized representatives shall have access to all books, documents, pape records maintained by the Subrecipient which directly pertain to the above project for the p~ of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial re supporting documents and statistical reports related to the project identified under this agrt for a period of three (3) years after the termination of all activities funded under this Agre All records subject to an audit finding must be retained for three (3) years from the d8 finding is made or until the finding has been cleared by appropriate officials and the Subre has been given official written notice. If the Subrecipient shall receive more than $25,000 in total federal funds in one fisc; from the City of Carlsbad and/or any other city or agency, the subrecipient is required to a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient s required to submit, to the City, a comprehensive financial audit prepared by an indept neutral third-party auditor. The audit shall cover financial operations of the Subrecipient period beginning July 1 , 1995 and ending June 30, 1996 and is due not later than one ye; 3 0 0 expiration of the agreement. The Subrecipient shall also be required to submit a second audit the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 for funds received in fiscal year 1996-97 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fed Regulations, Part 570 (the Housing and Urban Development regulations concerning Commu Development Block Grants). The Subrecipient also agrees to adhere to the terms of the Ci the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as desa 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. CDBG Application and Subrecipient Agreement and with assurances and agreements made 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 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 570.6 the Code of Federal Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referent a condition of this agreement. The subrecipient shall comply with dl federal regulations related to the use of CDBG fun religious organizations, if applicable to this agreement and the approved project outlined h 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subrec desires a change in the use of the CDBG funds following approval of this agreement, a u 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 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 Regulation agreement may be suspended or terminated if the subrecipient fails to comply with any t of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 4 e 0 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 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 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 attributak 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) o section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, pena fines, or any damage to goods, properties, or effects of any person whatsoever, nor for per injuries or death caused by, or claimed to have been caused by, or resulting from, any intenf 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 office^ employees against any of the foregoing liabilities or claims of any kind and any costland ex that is incurred by the City on account of any of the foregoing liabilities, including liabilit claims by reason of alleged defects in any plans and specifications for the project or facil. 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 Ha Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind t the parties hereto, and each of their respective heirs, executors, administrators, SUCC~SSOI assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds andlo: funds, the Subrecipient shall obtain and maintain policies of general liability insurance combined policy of worker's compensation and employers liability insurance from an ins company authorized to do business in the State of California which meets the requirem 5 e e 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 Mane 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. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first written above. FAMILY SERVICE ASSOCPTION, a non-profit organization, )A&&/& ,/ / ATTEST: - ALETHA L. RAUTENkRANZ, CITY CLEkK 06, 6 0 0 AGREELMENT BETWEEN THE CITY OF CARLSBAD AND LIFELINE COMMUNITY SERVICES FOR 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 19 th day of SWl'EMBER , 1995, by and between the CITY OF CARLSBAD, a municipal corpor hereinafter referred to as "City", and LIFELINE COMMUNITY SERVICES, a non-profit organiz hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Goverr under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide shelter or services to homeless or near hon persons/families which result in an improved situation through employment, permanent housing, trea of mental, or substance abuse problems, etc.; WHEREAS, the City has the need to provide assistance to non-profit public service pro' who meet the basic needs related to food, shelter, clothing and, in some cases, health care of income persons; WHEREAS, the City has the need to provide assistance to non-profit public service pro' who offer counseling and self-improvement programslactivities for lower income persons; WHEREAS, the Subrecipient can provide one or more of these basic services for 101 moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the housing services offered by Lifeline Comn Services is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(9); NOW, THEREFORE, in consideration of these recitals and the mutual covenants coni 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 six thousand dollars ($6,000) to the Subrecipient to offer a comprehc Housing Services Program. Through the Subrecipient's office located at 200 Jefferson 5 Vista, California low and moderate-income Carlsbad residents will be able to access the follc housing services: 1 0 0 a. Shared housing referrals; b. Landlordhenant education and mediation; C. Resource and referral; d. Housing services for Spanish speaking residents; e. Housing discrimination; g. Housing related public information workshops. Every effort shall be made by the subrecipient to expend the allocated funds in their entirety project by the noted date, the subrecipient shall request an extension from the City for contin use of the funds on the approved project. Based on progress made by the subrecipient towa completing the subject project, the City will either agree to grant the extension or notify Subrecipient that the funds must be reallocated to another eligible project due to slow pro, progress. f. Emergency shelter; and, June 30, 1996. If the Subrecipient will be unable to expend all of the funds allocated to 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrative costs relata the provision of services for eligible residendcitizens of Carlsbad for the period beginning 1 1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be m, in accordance to budget information to be submitted to the City and in accordance P performance. The reimbursements for costs shall not exceed a total of $6,000. The C shall not provide any payments/reimbursements in advance of actual expenditures by subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request payment program administration costs. Prior to receiving reimbursement, the City will verify that Subrecipient has administered the Housing Services Program in compliance with all applicz Federal, state, and local rules and regulations governing these funds, and in a manner satisfact to the City. Each request for reimbursement shall include documentation to verify expenditure of funds consistent with the project description/definition as approved by the City Council. Pay1 records, receipts, paid invoices including an itemized statement of all costs are samples 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 t agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct res of the use of federal CDBG funds for the program outlined within this agreement. All repor program income may be retained by the Subrecipient for costs related to the subject progr activities. However, the program income, retained by the Subrecipient, must be expended befc additional funds are requested from the City. The requirements are set forth in the fede regulations Sections 570.504 (c) which are incorporated herein by reference. 2 0 0 4. LABOR. MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necess to provide the subject program as outlined in this agreement. Under this agreement, the Ci only financial obligation to the Subrecipient is to provide the CDBG funds of $6,000 maxin as allocated by the City Council for program year 1995-96. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified iI CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. S records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objective c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of e. Records documenting compliance with the fair housing and equal opportunity compon the CDBG program; property acquired or improved with CDBG assistance; of the CDBG program; administration of each activity, and other financial records as required by 24 CFR 570.502, and OMB Circular A-110; and, g. Any other related records as the City shall require to demonstrate compliance applicable Federal, state, and local rules and regulations governing these funds. f. Documentation of all CDBG funds received from the City, eligible expenses incurra The Subrecipient shall submit quarterly "Progress Reports" during the program year begin July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of quarter. The final progress report is due no later than July 15, 1996. The report must in( sufficient information to assist the -City in monitoring the subrecipient's performance. subrecipient must demonstrate satisfactory performance prior to reimbursement for expendib At a minimum, the performance reports shall include the following information: a. Total number of personshouseholds participating in the program during reported pe b. Total number of participants from Carlsbad; c, Number of low/moderate income Carlsbad personshouseholds participating ir d. Age and ethnic background of Carlsbad participants; e. Summary of program(s) provided to Carlsbad participants; and The Subrecipient shall maintain client data demonstrating client eligibility for services prov Such data shall include at the minimum client name, address, ethnicity, income level or basis for determining eligibility, and description of service provided. This data shall assi! Subrecipient in completing the required quarterly progress reports to be submitted to the ( program during the reporting period; P, 3 e a 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 tepresentatives 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 recc supporting documents and statistical reports related to the project identified under this agreer for a period of three (3) years after the termination of all activities funded under this Agreen All records subject to an audit finding must be retained for three (3) years from the date finding is made or until the finding has been cleared by appropriate officials and the Subrecil 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 indepenl neutral third-party auditor. The audit shall cover financial operations of the Subrecipient fo period beginning July 1, 1995 and ending June 30, 1996 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, 1996 and ending June 30, 1997 fo~ funds received in fiscal year 1996-97 per this Agreement. 6. PROGRAM REOUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Ft Regulations, Part 570 (the Housing and Urban Development regulations concerning Corn Development Block Grants). The Subrecipient also agrees to adhere to the terms of the ( CDBG Application and Subrecipient Agreement and with assurances and agreements mac the City, to the United States 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. The Subrecipient shall carry out all activities in compIiance with all Federal laws and regul as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requirt of the CDBG Program Regulations, except that: a. The Subrecipient will not assume the City’s environmental responsibilities as de! in Section 570.604; and b. The Subrecipient will not assume the City’s responsibility for initiating the 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 refere a condition of this agreement. 4 a 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 wri 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 agreer 10. REVERSION OF ASSETS Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG 1 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 $21 to either be: 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 ( 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) I 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 injuries or death caused by, or claimed to have been caused by, or resulting from, any inte1 or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employe representatives in completion of the project outlined in this agreement. 5 0 0 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 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 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 $5,000 from the City in CDBG funds and/or t 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 insu~ 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 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 f~ certificates of insurance to the City before commencement of work. 6 rn m IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed a the day and year first written above. LIFELINE COMMUNITY SERVICES, a non-profit organization . & o&&7 Ll (1 rnia CLAVI%WW& LE%S, ~YOR / $P'- - ATTEST: ALETHA L. RAUTENKRANZ, CITY CLE&K AppRD AS To FoRM: lL Q.GL.&?L RONALD R. BALL, CITY AlTORNEY 7 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND JOIN HANDS SAVE A LIFE FOR 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 19th day of SEPTEMBER , 1995, by and between the CITY OF CARLSBAD, a munic corporation, hereinafter referred to as "City", and JOIN HANDS SAVE A LIFE, a non-pl organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Governr under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to 1 eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide assistance to non-profit public service provi who offer recreational and/or cultural programs/activities for lower income persons. WHEREAS, the Subrecipient can provide this basic service for low and moderate inc households with some assistance from the City; and, WHEREAS, the City has determined that the Gang Prevention Program offered by Join H Save a Life is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(9); 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 1995-1996 Community Development Block Grant (CDBG) fi in the amount of seven thousand dollars ($7,000) to the Subrecipient to assist with the associated with provision of a youth diversiodgan'g prevention program for under-privil and at-risk youths in Carlsbad through the Subrecipients administrative office located at Madison Street, Carlsbad, California. Join Hands Save a Life will provide a free constructive alternative for the "at-risk'' you Carlsbad. Services to be provided include, but are not limited to: a. Physical recreational activities; b. Field trips; c. Workshops and seminars on conflict resolution and drug awareness; d. Graffitti clean-ups and work projects; e. Counseling and mediation; f. Study hall; and, g. Mentoring program. 1 0 0 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 to project by the noted date, the subrecipient shall request an extension from the City for contil 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 notifj 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 relatc the provision of services for eligible residentslcitizens of Carlsbad for the period beginning 1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be I in accordance to budget information to be submitted to the City and in accordance performance. The reimbursements for costs shall not exceed a total of $7,000. The shall not provide any paymentsheimbursements in advance of actual expenditures b. subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request paymex program administration costs. Prior to receiving reimbursement, the City will verify th; Subrecipient has administered the gang prevention program in compliance with all appli Federal, state, and local rules and regulations governing these funds, and in a manner satisfa to the City. Each request for reimbursement shall include documentation to verify expenditure of func consistent with the project descriptionldefinition as approved by the City Council. Pi records, receipts, paid invoices including an itemized statement of all costs are sampl appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement is approved 1 City Council and continue until the expiration date, or amended expiration date, o agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct of the use of federal CDBG funds for the program outlined within this agreement. All re] program income may be retained by the Subrecipient for costs related to the subject prl activities. However, the program income, retained by the Subrecipient, must be expended ' additional funds are requested from the City. The requirements are set forth in the f 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 nec 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 $7,000 ma as allocated by the City Council for program year 1995-96. 2. e 0 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. S records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objective the CDBG program; C. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of e. Records documenting compliance with the fair housing and equal opportunity componI f. Documentation of all CDBG funds received from the City, eligible expenses incurred property acquired or improved with CDBG assistance; of the CDBG program; administration of each activity, and other financial records as required by 24 CFR ' 570.502, and OMB Circular A-110; and, applicable Federal, state, and local rules and regulations governing these funds. g. Any other related records as the City shall require to demonstrate compliance The Subrecipient shall submit quarterly "Progress Reports" during the program year begin July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of quarter. The final progress report is due no later than July 15, 1996. The report must inc sufficient information to assist the City in monitoring the subrecipient's performance. subrecipient must demonstrate satisfactory performance prior to reimbursement for expendin At a minimum, the performance reports shall include the following information: a. Total number of personsfiouseholds participating in the program during reported pel b. Total number of participants from Carlsbad; C. Number of low/moderate income Carlsbad personshouseholds participating in program during the reporting period; d. Age and ethnic background of Carlsbad participants; e. Summary of program(s) provided to Carlsbad participants; and The Subrecipient shall maintain client data demonstrating client eligibility for services provi Such data shaII include at the minimum client name, address, ethnicity, income level or basis for determining eligibility, and description of service provided. This data shall as& Subrecipient in completing the required quarterly progress reports to be submitted to the ( The Subrecipient shall maintain separate accounting records for the federal CDBG funds pro by the City. The City, Federal Grantor Agency, Comptroller General of the United Statt any of their duly-authorized representatives shall have access to all books, documents, pape1 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 rec supporting documents and statistical reports related to the project identified under this agrec for a period of three (3) years after the termination of all activities funded under this Agree All records subject to an audit finding must be retained for three (3) years from the dx 3 0 0 finding is made or until the finding has been cleared by appropriate officials and the Subreci] 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 shl 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, 1995 and ending June 30, 1996 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, 1996 and ending June 30, 1997 fo funds received in fiscal year 1996-97 per this Agreement. 6. PROGRAM REOUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fe Regulations, Part 570 (the Housing and Urban Development regulations concerning Comm Development Block Grants). The Subrecipient also agrees to adhere to the terms of the ( CDBG Application and Subrecipient Agreement and with assurances and agreements mad the City, to the United States 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 des( 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.t 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. The subrecipient shall comply with all federal regulations related to the use of CDBG fur religious organizations, if applicable to this agreement and the approved project outlined h 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subrec desires a change in the use of the CDBG funds following approval of this agreement, a v request must be submitted to the City for review by the Council. No change in use of the ( funds will be permitted by the City without prior formal approval by the Council. 4 0 0 a. 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 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 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 o 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 section. Reimbursement is not required after the period of time specified in paragraph (a) 01 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, pena fines, or any damage to goods, properties, or effects of any person whatsoever, nor for per: 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 oficer 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 facilil 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 ASSTGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Han 5 0 e 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 $5,00G from the City in CDBG funds andlor ( 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. 91403 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 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. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed a the day and year first written above. JOIN HANDS SAVE A LIFE, non-profit organization, -~- .r' , FRANK ANTHONY SORMO, dIEF EXECUTIVE OFFICER I State of California ATTEST: A ALETHA L. RAUTENKRANZ, CITY CLErhK D AS TO FORM: d - RONALD R. BALL, CITY ATTORNEY 6- 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CATHOLIC CHARITIES FOR 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 19th day of SEPTEMBER , 1995, by and between the CITY OF CARLSBAD, a munil corporation, hereinafter referred to as "City", and CATHOLIC CHARITIES, a non-profit organiza hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Govern under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide shelter or services to homeless or near horr persons/families which result in an improved situation through employment, permanent housing, treal of mental, or substance abuse problems, etc.; WHEREAS, the City has the need to provide assistance to non-profit public service pro1 who meet the basic needs related to food, shelter, clothing and, in some cases, health care of 1 income persons; WHEREAS, the City has the need to provide assistance to non-profit public service pro\ who offer counseling and self-improvement programs/activities for lower income persons; WHEREAS, the Subrecipient can provide one or more of these basic services for Iov moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the Good Samaritan Shelter is exempt environmental review under 24 CFR Part 58, Section 58.34(a)(9); NOW, THEREFORE, in consideration of these recitals and the mutual covenants con herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1995-1996 Community Development Block Grant (CDBG) in the amount of two thousand five hundred dollars ($2,500) to the Subrecipient for opera1 the Good Samaritan Shelter located at 901 First Street in Oceanside, California. The ! shall provide emergency housing for homeless males in North County, including Carlsba some case management services provided by the Brother Benno Foundation. Every effort shall be made by the subrecipient to expend the allocated funds in their entir June 30, 1996. If the Subrecipient will be unable to expend all of the funds allocated 1 e e project by the noted date, the subrecipient shall request an extension from the City for contil 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 noti6 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 relatc the provision of services for eligible residents/citizens of Carlsbad for the period beginning 1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be I in accordance to budget information to be submitted to the City and in accordance performance. The reimbursements for costs shall not exceed a total of $2,500. The shall not provide any paymentslreimbursements in advance of actual expenditures bq subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request paymen program administration costs. Prior to receiving reimbursement, the City will verify tha Subrecipient has provided services in compliance with all applicable Federal, state, and local and regulations governing these funds, and in a manner satisfactory to the City. Each request for reimbursement shall include documentation to verify expenditure of fund consistent with the project description/definition as approved by the City Council. Pa records, receipts, paid invoices including an itemized statement of all costs are samplc 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 1 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 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 $2,500 maxi as allocated by the City Council for program year 1995-96. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. 2 0 0 records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectiv the CDBG program; C. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition ol e. Records documenting compliance with the fair housing and equal opportunity compoi f. Documentation of all CDBG funds received from the City, eligible expenses incurre property acquired or improved with CDBG assistance; of the CDBG program; administration of each activity, and other financial records as required by 24 CFR 570.502, and OMB Circular A-110; and, g. Any other related records as the City shall require to demonstrate compliance applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" during the program year begiI July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of quarter. The final progress report is due no later than July 15, 1996. The report must in1 sufficient information to assist the City in monitoring the subrecipient's performance. subrecipient must demonstrate satisfactory performance prior to reimbursement for expendit At a minimum, the performance reports shall include the following information: a. Total number of personshouseholds participating in the program during reported pe b. Total number of participants from Carlsbad; C. Number of low/moderate income Carlsbad personshouseholds participating ij program during the reporting period; d. Age and ethnic background of Carlsbad participants; e. Summary of program(s) provided to Carlsbad participants; and The Subrecipient shall maintain client data demonstrating client eligibility for services pro1 Such data shall include at the minimum client name, address, ethnicity, income level or basis for determining eligibility, and description of service provided. This data shall assi Subrecipient in completing the required quarterly progress reports to be submitted to the 1 The Subrecipient shall maintain separate accounting records for the federal CDBG funds pro by the City. The City, Federal Grantor Agency, Comptroller General of the United Stat1 any of their duly-authorized representatives shall have access to all books, documents, papel 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 rec supporting documents and statistical reports related to the project identified under this agre for a period of three (3) years after the termination of all activities funded under this Agree All records subject to an audit finding must be retained for three (3) years from the da finding is made or until the finding has been cleared by appropriate officials and the Subrec has been given official written notice. 3 0 e 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, 1995 and ending June 30, 1996 and is due not later than one year expiration of the agreement. The Subrecipient shal! also be required to submit a second audi the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 for funds received in fiscal year 1996-97 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fe Regulations, Part 570 (the Housing and Urban Development regulations concerning Commr Development Block Grants). The Subrecipient also agrees to adhere to the terms of the C CDBG Application and Subrecipient Agreement and with assurances and agreements madl the City, to the United States 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 rr process required under the provisions of Executive Order 12372 described at 570.t the Code of Federal Regulatibns. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referen a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use of CDBG fu1 religious organizations, if applicable to this agreement and the approved project outlined k 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subrel desires a change in the use of the CDBG funds following approval of this agreement, a 1 request must be submitted to the City for review by the Council. No change in use of the ' 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 provision of services and the equal opportunity employment of personnel. 4 e e 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 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 c 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 prof Reimbursement is not required after the period of time specified in paragraph (a) o 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 per injuries or death caused by, or claimed to have been caused by, or resulting from, any inteni or negligent acts, errors 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 office^ 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 liabilit claims by reason of alleged defects in any plans and specifications for the project or facilj 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 Ha Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind e, the parties hereto, and each of their respective heirs, executors, administrators, successor assigns. 5 e e 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 x combined policy of worker’s compensation and employers liability insurance from an insun company authorized to do business in the State of California which meets the requirement 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 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 furl certificates of insurance to the City before commencement of work. 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, -,. State of California ATTEST: ALETHA L. RAUTENKRANZ, CITY CLERK\ APPROVED AS TO FORM: fa... R. &&&Q, RONALD R. BALL, CITY ATTORNEY 6 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CATHOLIC CHARITIES FOR 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 19 th day of SEPTEMBER , 1995, by and between the CITY OF CARLSBAD, a mu: corporation, hereinafter referred to as "City", and CATHOLIC CHARITIES, a non-profit organi: hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Gove~ under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 t eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide shelter or services to homeless or near ho persons/farnilies which result in an improved situation through employment, permanent housing, tre of mental, or substance abuse problems, etc.; WHEREAS, the City has the need to provide assistance to non-profit public service prc who meet the basic needs related to food, shelter, clothing and, in some cases, health care of income persons; WHEREAS, the City has the need to provide assistance to non-profit public service prc who offer counseling and self-improvement programs/activities for lower income persons; WHEREAS, the Subrecipient can provide one or more of these basic services for 1( moderate income households with some assistance from the City; and, WHEREAS, the City has determined that La Posada de Guadalupe Shelter is exem1 environmental review under 24 CFR Part 58, Section 58.34(a)(9); NOW, THEREFORE, in consideration of these recitals and the mutual covenants co herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1995-1996 Community Development Block Grant (CDBG: in the amount of ten thousand dollars ($10,000) for operation of the La Posada De Gua homeless shelter (50 beds) located at 2472-2476 Impala Drive in Carlsbad. Transitional will be provided to homeless men for maximum stay of 90 days. Every effort shall be made by the subrecipient to expend the allocated funds in their ent June 30, 1996. If the Subrecipient will be unable to expend ail of the funds allocatec 1 0 e 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 toM completing the subject project, the City will either agree to grant the extension or notifi 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 relatl the provision of services for eligible residentdcitizens of Carlsbad for the period beginning 1 , 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be in accordance to budget information to be submitted to the City and in accordance performance. The reimbursements for costs shall not exceed a total of $10,000. The shall not provide any payments/reimbursements in advance of actual expenditures b: subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request payme] program administration costs. Prior to receiving reimbursement, the City will verify th Subrecipient has provided services in compliance with all applicable Federal, state, and local and regulations governing these funds, and in a manner satisfactory to the City. Each request for reimbursement shall include documentation to verify expenditure of fun( consistent with the project description/definition as approved by the City Council. P; records, receipts, paid invoices including an itemized statement of all costs are sampl appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement is approved 1 City Council and continue until the expiration date, or amended expiration date, a agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct program income may be retained by the Subrecipient for costs related to the subject pr activities. However, the program income, retained by the Subrecipient, must be expended additional funds are requested from the City. The requirements are set forth in the j regulations Sections 570.504 (c) which are incorporated herein by reference. of the use of federal CDBG funds for the program outlined within this agreement. All re 4. LABOR. MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses net 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 ma as allocated by the City Council for program year 1995-96. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specifia CFR part 570.506 that are pertinent to the activities to be funded under this Agreement 2 e e records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectivl the CDBG program; C. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition 01 e. Records documenting compliance with the fair housing and equal opportunity compo1 property acquired or improved with CDBG assistance; of the CDBG program; administration of each activity, and other financial records as required by 24 CFR f. Documentation of all CDBG funds received from the City, eligible expenses incurre 570.502, and OMB Circular A-110; and, applicable Federal, state, and local rules and regulations governing these funds. g. Any other related records as the City shall require to demonstrate compliance The Subrecipient shall submit quarterly "Progress Reports" during the program year begi: July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of quarter. The final progress report is due no later than July 15, 1996. The report must in sufficient information to assist the City in monitoring the subrecipient's performance. subrecipient must demonstrate satisfactory performance prior to reimbursement for expendi At a minimum, the performance reports shall include the following information: a. Total number of persons/households participating in the program during reported p' b. Total number of participants from Carlsbad; program during the reporting period; C. Number of low/moderate income Carlsbad personshouseholds participating i d. Age and ethnic background of Carlsbad participants; e. Summary of program(s) provided to Carlsbad participants; and The Subrecipient shall maintain client data demonstrating client eligibility for services pro1 Such data shall include at the minimum client name, address, ethnicity, income level or basis for determining eligibility, and description of service provided. This data shall assj Subrecipient in completing the required quarterly progress reports to be submitted to the The Subrecipient shall maintain separate accounting records for the federal CDBG funds prc by the City. The City, Federal Grantor Agency, Comptroller General of the United Sta any of their duly-authorized representatives shall have access to all books, documents, pap6 records maintained by the Subrecipient which directly pertain to the above project for the p of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial re supporting documents and statistical reports related to the project identified under this agrc All records subject to an audit finding must be retained for three (3) years from the d, finding is made or until the finding has been cleared by appropriate officials and the Subre has been given official written notice. for a period of three (3) years after the termination of all activities funded under this Agre 3 a a If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal from the City of Carlsbad andlor 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 neutral third-party auditor. The audit shall cover financial operations of the Subrecipient fc period beginning July 1, 1995 and ending June 30, 1996 and is due not later than one year expiration of the agreement. The Subrecipient shal! also be required to submit a second aud the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 fo funds received in fiscal year 1996-97 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of FI Regulations, Part 570 (the Housing and Urban Development regulations concerning Comn Development Block Grants): The Subrecipient also agrees to adhere to the terms of the I CDBG Application and Subrecipient Agreement and with assurances and agreements ma( the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as des1 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 dm in Section 570.604; and b. The 'Subrecipient will not assume the City's responsibility for initiating the 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 refere a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use of CDBG fi religious organizations, if applicable to this agreement and the approved project outlined ! 7. CHANGES IN USE OF mJNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subrt desires a change in the use of the CDBG funds following approval of this agreement, a request must be submitted to the City for review by the Council. No change in use of the 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 nondiscriminatio provision of services and the equal opportunity employment of personnel. 4 9. 10. 11. 12. 13. e 0 SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 8543 and 854 of the Code of Federal Regulations, agreement may be suspended or terminated if the subrecipient fails to comply with any tel of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and E of the Code of Federal Regulations are set forth, by reference, as provisions of this agreer REVERSION OF ASSETS Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG 1 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 $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) o section. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, pena fines, or any damage to goods, properties, or effects of any person whatsoever, nor for per injuries or death caused by, or claimed to have been caused by, or resulting from, any intenl 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 liabilit claims by reason of alleged defects in any plans and specifications for the project or facili ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the written consent of the City. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Har Agreement," all terms, conditions, and provisions hereof shall insure to and shall bin.d a the parties hereto, and each of their respective heirs, executors, administrators, successor! assigns. 5 0 0 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 ; 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 requiremen City Council Resolution No. 91403 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 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, IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed , the day and year first written above. CATHOLIC CHARITIES, a non-profit organization, a hvfw te of California cELibEI i. J~~UIF&EW~S, MAY~R r vw v - ATTEST: A n/y-\ ALETHA L. RAUTENKRANZ, CITY CLERK ) - *pL f2 Ga-h, AS TO FORM: RONALD R. BALL, CITY ATJTORNEY 6 - 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND HEARTLAND HUMAN RELATIONS AND FAIR HOUSING ASSOCIATION FOR 1995-96 FEDERAL COMMUNITY DEYELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 19th day of SEPTEMBER , 1995, by and between the CITY OF CARLSBAD, a municipal corpora hereinafter referred to as "City", and HEARTLAND HUMAN RELATIONS AND FAIR HOUS ASSOCIATION, a non-profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Govern under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide direct benefit to lower income persons throug provision or retention of affordable housing units within Carlsbad; WHEREAS, the City has the need to provide assistance to non-profit public service prov who offer counseling and self-improvement programdactivities for lower income persons: WHEREAS, the City has a need to affirmatively further fair housing; WHEREAS, the Subrecipient can provide one or more of these basic services for 10v moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the Fair Housing Education and Counseling Pro is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(3); 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 1995-1996 Community Development Block Grant (CDBG) f in the amount of four thousand dollars ($4,000) to Heartland Human Relations and Housing Association to provide a Fair Housing Education and Counseling Program th their administrative offices located at 7435 University Avenue, Suite 202, La Mesa, Califi Consultant activities will include conducting seminars for owners, realtors, tenants and interested persons to increase community awareness and understanding of fair housing develop, print and distribute literature on fair housing to public; monitor related legislatic provide information to the Housing and Redevelopment Department of the City of Car provide consulting services to Housing and Redevelopment Staff on various fair housing i 1 0 0 respond to inquiries related to fair housing from the public; and, process and re: discrimination complaints received from Carlsbad residents. Every effort shall be made by the subrecipient to expend the allocated funds in their entire June 30, 1996. 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 cont use of the funds on the approved project. Based Gn 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 PI progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrative costs rela the provision of services for eligible residentdcitizens of Carlsbad for the period beginnin 1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be in accordance to budget information to be submitted to the City and in accordance performance. The reimbursements for costs shall not exceed a total of $4,000. Th shall not provide any paymentsheimbursements in advance of actual expenditures t: subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request payme program administration costs. Prior to receiving reimbursement, the City will verify tl Subrecipient has administered the Fair Housing Education and Counseling Program in comp with all applicable Federal, state, and local rules and regulations governing these funds, a manner satisfactory to the City. Each request for reimbursement shall include documentation to verify expenditure of ful consistent with the project description/definition as approved by the City Council. 1 records, receipts, paid invoices including an itemized statement of all costs are sam] appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement is approved City Council and continue until the expiration date, or amended expiration date, 1 agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direc of the use of federal CDBG funds for the program outlined within this agreement. All r( program income may be retained by the Subrecipient for costs related to the subject p activities. However, the program income, retained by the Subrecipient, must be expendec additional funds are requested from the City. The requirements are set forth in the 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 ne to provide the subject program as outlined in this agreement. Under this agreement, th~ only financial obligation to the Subrecipient is to provide the CDBG funds of $4,000 xn 2 0 0 e as allocated by the City Council for program year 1995-96. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified i CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectiv c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition o the CDBG program; property acquired or improved with CDBG assistance; of the CDBG program; administration of each activity, and other financial records as required by 24 CFI 570.502, and OMB Circular A-110; and, g. Any other related records as the City shall require to demonstrate compliance applicable Federal, state, and local rules and regulations governing these funds. e. Records documenting compliance with the fair housing and equal opportunity compc f. Documentation of all CDBG funds received from the City, eligible expenses incurr The Subrecipient shall submit quarterly "Progress Reports" during the program year begi July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end 01 quarter. The final progress report is due no later than July 15, 1996. The report must iI sufficient information to assist the City in monitoring the subrecipient's performance. subrecipient must demonstrate satisfactory performance prior to reimbursement for expend At a minimum, the performance reports shall include the following information: a. Total number of personshouseholds participating in the program during reported I C. Number of low/moderate income Carlsbad personslhouseholds participating b. Total number of participants from Carlsbad; program during the reporting period; d. Age and ethnic background of Carlsbad participants; e. Summary of program(s) provided to Carlsbad participants; and The Subrecipient shall maintain client data demonstrating client eligibility for services prc Such data shall include at the minimum client name, address, ethnicity, income level o basis for determining eligibility, and description of service provided. This data shall as! Subrecipient in completing the required quarterly progress reports to be submitted to th~ The Subrecipient shall maintain separate accounting records for the federal CDBG funds pl by the City. The City, Federal Grantor Agency, Comptroller General of the United St; any of their duly-authorized representatives shall have access to all books, documents, pap records maintained by the Subrecipient which directly pertain to the above project for the 1 of audit, examination, excerpts and transcriptions. 3 - 0 0 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 for a period of three (3) years after the termination of all activities funded under this Agreen All records subject to an audit finding must be retained for three (3) years from the datl finding is made or until the finding has been cleared by appropriate officials and the Subreci 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 st a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shi 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 f period beginning July 1, 1995 and ending June 30, 1996 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 fiscal year beginning July 1, 1996 and ending June 30, 1997-fc funds received in fiscal year 1996-97 per this Agreement. 6. PROGRAM REOUTREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fs Regulations, Part 570 (the Housing and Urban Development regulations concerning Corn Development Block Grants). The Subrecipient also agrees to adhere to the terms of the CDBG Application and Subrecipient Agreement and with assurances and agreements mac the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements a~ des in Section 570.502 of the federal regulations for the CDBG Program; the federal requirt 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 rep' as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requin 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 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 referc a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use of CDBG fi religious organizations, if applicable to this agreement and the approved project outlined 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subrl desires a change in the use of the CDBG funds following approval of this agreement, a 4 e a . 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 enployment of personnel. 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulation5 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 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the f; control that was acquired or improved in whole or in part with CDBG funds in excess of $2 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. 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 PC injuries or death caused by, or claimed to have been caused by, or resulting from, any inte: or negligent acts, errors or omission of Subrecipient or Subrecipient’s agents, employr representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City and its offic employees against any of the foregoing liabilities or claims of any kind and any codand t that is incurred by the City on account of any of the foregoing liabilities, including liabil claims by reason of alleged defects in any plans and specifications for the project or fac 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without tt written consent of the City. 5 s L e @ * 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, “Hold Har~ the parties hereto, and each of their respective heirs, executors, administrators, successors assigns. 14. INSURANCE Agreement,” all terms, conditions, and provisions hereof shall insure to and shall bind ea 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 ; 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 requireme] City Council Resolution No. 91-403 in an insurable amount of not less than one million dl ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Mar This insurance shall be in force during the term of this agreement and shall not be car 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. 6 s I e a I IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first written above. HEARTLAND HUMAN RELATIONS AND FAIR HOUSING ASSOCIATION 1 ( F9&4-, /67/' /&&lk&l L ?%zkEkd. HARRIS, EkS@bTIVE DIRECTOR AITEST: ALETHA L. RAUTENKRANZ, CITY CLE& APPROVED AS TO FORM: CS-Q L. RO~ALD R. BALL, CITY AITORNEY - 7