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HomeMy WebLinkAbout1995-10-03; City Council; 13328; APPROVAL OF 1995-96 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSe. w \ ;-a, ;; CITY OF CARLSBAD - AGENDA BILL . ' ! 4 MMUNITY DEVELOPMENT RECOMMENDED ACTION: Adopt Resolution No. 95- Lq 9 to approve 1995-96 Subrecipient Agl federal Community Development Block Grant Funds. ITEM EXPLANATION: On April 11, 1995, the City Council selected the organizations to receive federz Development Block Grant (CDBG) Entitlement funding for the 1995-96 prograr to disbursing CDBG funding for the subrecipients, the City must complete th environmental reviews and execute a written agreement for the various approv Subrecipient agreements with two subrecipients have been prepared and art Exhibit 2 for City Council review and approval at this time. The following sub1 receive CDBG funds for activities to benefit low and moderate-income Carlsba Casa de Amparo Shelter for Abused Children Brother Benno Foundation, fnc. Center for Human Development As required by federal regulations, staff has completed the required environr documentation for the above CDBG funded project and has determined that thes exempt from environmental review under 24 CFR Section 58.34 (a)(9). The f review documentations for these projects are on file in the Housing and Rt FISCAL IMPACT: No fiscal impact on the General Fund, All of the above projects will be funde federal CDBG program. 1. Resolution No. approving 1995-96 Subrecipient A{ federal CDBG funds. 2 0 F 0 4 0. 4 a Z 5 0 2. 1995-96 Subrecipient Agreements. f 1 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 e w CITY COUNCIL RESOLUTION NO. 95-279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARL: CALIFORVA, APPROVING SUBRECIPIENT AGREEMENTS FOR THE GRANT PROGRAM OF CARLSBAD’S 1995-96 FEDERAL COMMUNITY DEVELOPMENT B1 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 Devell Block Grant (CDBG) Program; WHEREAS, the City Council of the City of Carlsbad, California has conside required subrecipient agreements for 1995-96 Community Development Block Grant fur WHEREAS, the City has determined that CDBG funded projects to be administ’ Casa de Amparo and Brother Benno Foundation, Inc. are exempt from qvironmental under 24 CFR Section 58.34 (a)(9); and, WHEREAS, the City Council has taken all testimony into account. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true and correct. 2. That the City Council has approved the 1995-96 Con organizations; Casa de Amparo/Food Program for Shelter and Benno Foundation, IncJBrother Benno Center for Human Develc The agreements are on file in the City Clerk’s Office. Development Block Grant Subrecipient Agreements for the fo ... ... ... ... ... ..I ... ... 1’ ... t 1 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 I 0 w PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, on the 3rd day of OCTOBER , 1995, b! following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSTAIN: None ABSENT: None ATTEST: &R- ALETHA L. RAUTENKRANZ, City Cl$k I I i 0 w EXHIBIT 2 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1995-96 SUBRECIPIENT AGREEMENTS 0 w AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CASA DE AMPARO FOR 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 6th day of OCTOBER , 1995, by and between the CITY OF CARLSBAD, a muni corporation, hereinafter referred to as "City", and CASA DE AMPARO, a non-profit organkg hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the 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 hor personslfamilies 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, fie Subrecipient can provide one or more of these basic services for lo moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the food program for Casa de Amparo Resi Shelter is exempt from environmental review under 24 CFR Part 58, Section 58.24(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 (CDBGI in the amount of five thousand dollars ($5,000) to the Subrecipient for the food prograr Casa de Amparo Residential Shelter located at 4070 Mission Avenue, San Luis Rey, Cal The Casa de Amparo Residential Shelter provides a 24 hour emergency crisis intervention Children in residence will be provided food, clothing, medical care, therapy, schooli. shelter. CDBG funds will specifically be used for the costs of providing three balance and three snacks daily to Carlsbad children in residence at Casa de Amparo Residential 1 W Every effort shall be made by the subrecipient to expend the allocated funds in their entiret June 30, 1996. If the Subrecipient will be unable to expend all of the funds dlocated tc project by the noted date, the subrecipient shall request an extension from the City for conti: use of the funds on the approved project. Based on progress made by the subrecipient tou completing the subject project, the City will either agree to grant the extension or notiQ 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 relati 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 $5,000. 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 paymer program administration costs. Prior to receiving reimbursement, the City will verify th: Subrecipient has operated the shelter in compliance with all applicable Federal, state, and rules 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 descriptionldefinition as approved by the City Council. PS 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 t City Council and continue until the expiration date, or amended expiration date, Oj 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 prc activities. However, the program income, retained by the Subrecipient, must be expended t additional funds are requested from the City. The requirements are set forth in the ft regulations Sections 570.504 (c) which are incorporated herein by reference. 4. LABOR, MATERTALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necl 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 max as allocated by the City Council for program year 1995-96. 2 e w 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 compon 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) 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 c 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 a11 books, documents, pape records maintained by the Subrecipient which directly pertain to the above project for the pt of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial rer 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 Agrec All records subject tu an audit finding must be retained for three (3) years from the d: 3 0 w finding is made or until the finding has been cleared by appropriate officials and the Subrecig has been given official written notice. If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal , from the City of Carlsbad and/or any other city or agency, the subrecipient is required to sul a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient 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 foj 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 funds received in fiscal year 1996-97 per this Agreement. the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 for 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fec 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 madc the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as descl in Section 570.502 of the federal regulations for the CDBG Program; the federal requiren are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regula of the CDBG Program Regulations, except that: a. The Subrecipient will not assume the City’s environmental responsibilities as desc as described in Subpart K, such as Iabor standards (Davis Bacon Act), fair housing require1 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 referenc a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use of CDBG fun1 religious organizations, if applicable to this agreement and the approved project outlined ht 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 w 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. 4 w 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination ir Qroyjsjon of senices 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 tex 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 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 subrecip control that was acquired or improved in whole or in part with CDBG funds in excess of $2; to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the 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 attributal expenditures .of non-CDBG funds for acquisition, or improvement to, the pror Reimbursement is not required after the period of time specified in paragraph (a) c section. 11. MOLD 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 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 costhd ex 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 the written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, “Hold Ha 5 0 w Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind eac the parties hereto, and each of their respective heirs, executors, administrators, successors, assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or c funds, the Subrecipient shall obtain and maintain policies of general liability insurance a combined policy of worker's compensation and employers liability insurance from an insur company authorized to do business in the State of California which meets the requiremen City Council Resolution No. 91-403 in an insurable amount of not less than one million do ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Man This insurance shall be in force during the term of this agreement and shall not be can1 without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall fu certificates of insurance to.the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first written above. CASA DE AMPARO, a non-profit organization ATTEST: ilQ$j!LR u ALETHA L. RAUTENKRANZ, CITY CLERK' APPROVED AS TO FORM: -e 62 a,, RONALD R. BALL, CITY ATTORNEY /o . \-- 4 s- ' 6 0 w AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE BROTHER BENNO FOUNDATION, INC. FOR 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT WNDS THIS AGREEMENT, made and entered into as of this 6th day of OCTOBER , 1995, by and between the CITY OF CARLSBl municipal corporation, hereinafter referred to as "City", and THE BROTHER BE FOUNDATION, INC., a non-profit 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; and WHEREAS, the City has the need to provide shelter or services to homeless or near hol 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 of lower income persons. Basic needs are defined as those which provide shelter, clothing and, in some cases, health care; 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 temporary shelter or services to the homeless, services for low and moderate income households, and services which offer counseling an1 improvement programs for lower income persons; and, WHEREAS, the City has determined that the Brother Benno Center for Human Develc is exempt from environmental review under 24 CFR Part 58, Section 58.24(a)(9); NOW, THEREFORE, in consideration of these recitals and the mutual covenants COI 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 five thousand dollars ($5,000) to the Subrecipient for operation of the E Benno Center for Human Development located at 3260 Production Avenue in Oce California. CDBG funds will be used to assist with the costs associated with the provisia life services to the homeless and the poor, which include but are not limited to food, cl showers, laundry facilities, mailing address, counseling, case work, and temporary shell 1 0 w 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 tc project by the noted date, the subrecipient shall request an extension from the City for conti use of the funds on the approved project. Based on progress made by the subrecipient tov completing the subject project, the City will either agree to grant the extension or notif: Subrecipient that the funds must be reallocated to another eligible project due to slow pr progress, 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrative costs relat 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 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 paymentsheimbursements in advance of actual expenditures b! subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request paymer program administration costs. Prior to receiving reimbursement, the City will verify th: Subrecipient has administered the Brother Benno Center for Human Development in compl 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. Pa records, receipts, paid invoices including an itemized statement of all costs are sampll 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. LAB0.R. MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses nece to provide the subject program as outlined in this agreement. Under this agreement, the ( only financial obligation to the Subrecipient is to provide the CDBG funds of $5,000 maxi as allocated by the City Council for program year 1995-96. 2 m w 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. 1 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 of e. Records documenting compliance with the fair housing and equal opportunity compor 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 begim July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of 6 quarter. The final progress report is due no later than July 15, 1996. The report must incl sufficient information to assist the City in monitoring the subrecipient's performance. subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditu At a minimum, the performance reports shall include the following information: a. Total number of personshouseholds participating in the program during reported per b. Total number of participants from Carlsbad; program during the reporting period; C. Number of low/moderate income Carlsbad personshouseholds participating in d. Age and ethnic background of Carisbad participants; e. Summary of program(s) provided to Carlsbad participants; and The Subrecipient shall maintain client data demonstrating client eligibility for services provid Such data shall include at the minimum client name, address, ethnicity, income level or ot basis for determining eligibility, and description of service provided. This data shall assist Subrecipient in completing the required quarterly progress reports to be submitted to the Ci The Subrecipient shall maintain separate accounting records for the federal CDBG funds provi, by the City. The City, Federal Grantor Agency, Comptroller General of the United States, any of their duly-authorized representatives shall have access to all books, documents, papers records maintained by the Subrecipient which directly pertain to the above project for the purp. of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial recor supporting documents and statistical reports related to the project identified under this agreem for a period of three (3) years after the termination of all activities funded under this Agreeme All records subject to an audit finding must be retained for three (3) years from the date - 3 ,e 0 finding is made or until the finding has been cleared by appropriate officials and the Subrec 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 s 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 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 REOUTREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fec 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 C CDBG Application and Subrecipient Agreement and with assurances and agreements made the City, to the United States Department of Housing and Urban Development. 7. The Subrecipient shall comply with applicable Uniform Administrative Requirements as descri in Section 570.502 of the federal regulations for the CDBG Program; the federa1 requireml 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 regulati as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requiremt of the CDBG Program Regulations, except that: a. The Subrecipient will not assume the City’s environmental responsibilities as descril in Section 570.604; and b. The Subrecipient will not assume the City’s responsibility for initiating the revi process required under the provisions of Executive Order 12372 described at 570.612 the Code of Federal Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use of CDBG funds religious organizations, if applicable to this agreement and the approved project outlined here. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipie desires a change in the use of the CDBG funds following approval of this agreement, a writtl request must be submitted to the City for review by the Council. No change in use of the CDBl funds will be permitted by the City without prior formal approval by the Council. 4 W w 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 Regulations agreement may be suspended or terminated if the subrecipient fails to comply with any te of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 1 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 subrecipl 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 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 pror 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 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 officers employees against any of the foregoing liabilities or claims of any kind and any cost/and exp claims by reason of alleged defects in any plans and specifications for the project or facilit that is incurred by the City on account of any of the foregoing liabilities, including liabilitir 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the 1 written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, “Hold Harn 5 e w \ Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind ea the parties hereto, and each of their respective heirs, executors, administrators, successors assigns ~ 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds andlor 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 d ($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. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first written above. THE BROTHER BENNO FOUNDATION INC., a non-profit organization, L.// ,@;,,:z/..>' .e ,,,,,*! x!> -I . , ."-ry _k 7: i - .( , & 4,. ,&p>?&- /., L (1 the State of California ATTEST: a.&l?L R. L ALETHA L. RAUTENKRANZ, CITY CLER~ APPROVED AS TO FORM: Ph Q. CL" RONALD R. BALL, CITY A'ITORNEY /o . 5". 9 IT: 6