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 . '
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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.
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2. 1995-96 Subrecipient Agreements.
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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
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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
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EXHIBIT 2
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
1995-96 SUBRECIPIENT AGREEMENTS
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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
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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.
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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:
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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.
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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
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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:
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RONALD R. BALL, CITY ATTORNEY /o . \-- 4 s- '
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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
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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.
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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
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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.
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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
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\ 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