HomeMy WebLinkAbout1995-10-17; City Council; 13351; APPROVAL OF 1995-96 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS17 kl 3
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CITY OF CARLSBAD - AG I DA BILL v 1
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CITY P AGREEMENTS FOR COMMUNITY DEVELOPMENT MTG. /,d- /'7-95
DEPT. TITLE:
APPROVAL OF 1995-96 SUBRECIPIENT
BLOCK GRANT FUNDS DEPT. H/RED CITY n
RECOMMENDED ACTION:
Adopt Resolution No. 45 -29 '? to approve 1995-96 Subrecipient Agr
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 prograrr
to disbursing CDBG funding for the subrecipients, the City must complete the
environmental reviews and execute a written agreement for the various approve
Subrecipient agreements with two subrecipients have been prepared and are
Exhibit 2 for City Council review and approval at this time. The following subrc
receive CDBG funds for activities to benefit low and moderate-income Carlsbad
0 Hospice of the North Coast Community Bereavement Program
e Catholic Charities Renovations to La Posada de Guadalupe
As required by federal regulations, staff has completed the required environmt
documentation for the above CDBG funded project and has determined that the
Bereavement Program is exempt from environmental review under 24 CFR Section
and Renovations to La Posada de Guadalupe are also exempt under Section 58.35
environmental review documentations for these projects are on file in the I-
Redevelopment 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. q S - 2'9 3 .. approving 1995-96 Subrecipient Agre -J
federal CDBG funds.
2. 1995-96 Subrecipient Agreements.
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CITY COUNCIL RESOLUTION NO. 9 5 - 2 9 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA
CALIFORNIA, APPROVING SUBRECIPIENT AGREEMENTS FOR THE CI'
GRANT PROGRAM
OF CARLSBAD'S 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLO(
I WHEREAS, on April 11 , 1995, the City Council of the City of Carlsbad, Calif01
selected the programs to receive funding under the City's 1995-96 Community Developn
Block Grant (CDBG) Program;
WHEREAS, the City Council of the City of Carlsbad, California has considered
required subrecipient agreements for 1995-96 Community Development Block Grant funds;
WHEREAS, the City has determined that CDBG funded projects to be administera
Hospice of the North Coast and Catholic Charities are exempt from environmental review UI
24 CFR Section 58.34 (a)(9) and 58.35 (a)(l), respectively; 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 Commu
Development Block Grant Subrecipient Agreements for the folio\;
organizations: Hospice of the North CoastlCommunity Bereaver
Program and Catholic Charities/Renovations to La Posada de Guadal
The agreements are on file in the City Clerk's Office.
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PASSED, APPROVED AND ADOF'TED by the City Council of the City of
Carlsbad, California, on the 17 th day of OCTOBER , 1995, b
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
ABSTAIN: None
ABSENT: Council Member
ATTEST:
A
ALETHA L. RAUTENKRANZ, City Clhk
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EXHIBIT 2
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
1995-96 SUBRECIPIENT AGREEMENTS
e e
AGREEMENT BETWEEN THE
' CITY OF CARLSBAD AND HOSPICE OF THE NORTH COAST FOR
1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 2 0 th day of
OCTOBER , 1995 by and between the CITY OF CARLSBAD, a munic
corporation, hereinafter referred to as "City", and HOSPICE OF THE NORTH COAST, 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 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 counseling and self-improvement programs/activities for lower income persons;
WHEREAS, the Subrecipient can provide this service for low and moderate income househ
with some assistance from the City; and,
WHEREAS, the City has determined that Hospice of the North Coast's Community Bereaver
Program 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) fu
in the amount of two thousand eight hundred dollars ($2,800) to the Subrecipient to pro
Community Bereavement Program through their administrative offices located at 5421 Ave
Encinas, Suite N, Carlsbad, California. The Subrecipient offers no cost services which inc
the following:
a. Information packets outlining the grief experience;
b. Follow-up phone calls;
d. Five weekly support groups;
e. Individual, group, and family counseling for all ages;
f. Bereavement lending library; and,
g. 24 hours, 7 days a week emergency counseling.
C. Monthly potluck social gathering and quarterly special events;
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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 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\
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 relal
the provision of services for eligible residentdcitizens of Carlsbad for the period beginnini
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 $2,800. 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 paymen
program administration costs. Prior to receiving reimbursement, the City will verify tha
Subrecipient has administered the bereavement program in compliance with all applicable Fed
state, and local rules and regulations governing these funds, and in a manner satisfactory tl
City.
Each request for reimbursement shall include documentation to verify expenditure of fund
records, receipts, paid invoices including an itemized statement of all costs are samph
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.
consistent with the project descriptionldefinition as approved by the City Council, Pa
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct r
of the use of federal CDBG funds for the program outlined within this agreement. All repc
program income may be retained by the Subrecipient for costs related to the subject pro€
activities. However, the program income, retained by the Subrecipient, must be expended be
additional funds are requested from the City. The requirements are set forth in the fec
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 neces
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 $2,800 maxi1
as allocated by the City Council for program year 1995-96.
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5. - RlECORDS 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 componl
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 1
570.502, and OMB Circular A-110; and,
g. Any other related records as the City shall require to demonstrate compliance I
applicable Federal, state, and local rules and regulations governing these funds.
f. Documentation of all CDBG funds received from the City, eligible expenses incurred
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginr
July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of e
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 perj
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 Carlsbad participants;
e. Summary of program(s) provided to Carlsbad participants; and
The Subrecipient shall maintain client data demonstrating client Sligibility for services provid
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 recol
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 Agreemc
All records subject to an audit finding must be retained for three (3) years from the date
Such data shall include at the minimum client name, address, ethnicity, income level or of
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finding is made or until the finding has been cleared by approRriate officials and the SubreciI
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 shal
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 fol
period beginning July 1, 1995 and ending June 30, 1996 and is due not later than one year 2
expiration of the agreement. The Subrecipient shall also be required to submit a second audil
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
CDBG Application and Subrecipient Agreement and with assurances and agreements made
the City, to the United States Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as descri
in Section 570.502 of the federal regulations for the CDBG Program; the federal requiremt
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
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipit
desires a change in the use of the CDBG funds following approval of this agreement, a writf
request must be submitted to the City for review by the Council, No change in use of the CDE
funds will be permitted by the City without prior formal approval by the Council.
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8. NONDWRIMINATION CLAUSE,
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination i
provision of services and the equal opportunity employment of personnel.
9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations,
agreement may be suspended or terminated if the subrecipient fails to comply with any te~
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 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 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 o
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) ol
section.
current fair market value of the property less any portion of the value attributab
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penal
fines, or any damage to goods, properties, or effects of any person whatsoever, nor for pers
injuries or death caused by, or claimed to have been caused by, or resulting from, any intent
or negligent acts, errors or omission of Subrecipient or Subrecipient’s agents, employee:
representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officer!
employees against any of the foregoing liabilities or claims of any kind and any cost/and ex€
that is incurred by the City on account of any of the foregoing liabilities, including liabiliti,
claims by reason of alleged defects in any plans and specifications for the project or facilit
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without the 1
written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to .the provisions of this Subrecipient Agreement Paragraph 11, “Hold Harr
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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 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 insur,
company authorized to do business in the State of California which meets the requiremenl
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 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.
HOSPICE OF THE NORTH COAST, a non-profit organization,
L YCeALW U
ation of the State of California
- ~~XJDE X.U~B~B~~ LEWIS,%I%X~
ATTEST:
- h x'"
ALETHA L. RAUTENKRANZ, CITY CLERK 1
APPROVED AS TO FORM:
RONALD R. BALL, CITY ATTORNEYlO ./ 4.9 r,
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AGREEMENT BETWEEN
THE CITY OF CAJZLSBAD AND CATHOLIC CHARITIES FOR
1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 2 0 th day of
OCTOBER , 1995, by and between the CITY OF CARLSBAD, a mu1
corporation, hereinafter referred to as "City", and CATHOLIC CHARITIES, a non-profit organiz
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 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, treal
of mental, or substance abuse problems, etc.;
WEREAS, the City has the need to provide assistance to non-profit public service prov
who meet the basic needs related to food, shelter, clothing and, in some cases, health care of 1
income persons;
WEREAS, 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 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 rehabilitation of La Posada de Guadalupe Homc
Shelter is catagorically excluded from environmental review under 24 CFR Part 58, Section 58.35(a
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) fu
in the amount of thirty thousand dollars ($30,000), to the Subrecipient for the rehabilitatio
theLa Posada de Guadalupe Homeless Shelter located at 2472-2476 Impala Drive in Carlsl
California.
The renovation work to be performed will include, but is not limited to the following:
a. Purchase of existing on-site modular building or a replacement building for use a:
office/administrative facility for on-site shelter staff;
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b. Conversion of existing office trailer into a storage facility;
e. Repair or replacement of stairs, roofing, ceilings, and shower facilities
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 allocated tc
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 noti0
C. Painting of the exterior of all modular buildings; and,
Subrecipient that the funds must be reallocated to another eligible project due to slow prl
progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs relatc
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 r
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 $30,000. The City L
not provide any payments/reimbursements in advance of actual expenditures by the subrecipi
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 those CDBG funds awarded in compliance with all applic
Federal, state, and local rules and regulations governing these funds, and in a manner satisfac
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. Pay
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 I
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct re:
of the use of federal CDBG funds for the program outlined within this agreement. All 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.
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 Cit:
only financial obligation to the Subrecipient is to provide the CDBG funds of $30,000 maximt
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as allocated by the City Council for program year 1995-96.
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accorc
with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and 3
Standards Act, the Copeland "Anti-Kickback" Act, and all other applicable Federal, state
local laws and regulations pertaining to labor standards. All contractors engaged under con
in excess of $2,000 for construction, renovation or repair work financed in whole or in parl
assistance provided under this Agreement, shall comply with Federal requirements pertaini
such contracts and with the applicable requirements governing the payment of wages and
of apprentices and trainees to journeyworkers. The Subrecipient shall cause or require
inserted in full, in all such contracts subject to such regulations, provisions meetin
requirements of this paragraph.
The Subrecipient shall maintain documentation which demonstrates compliance with hou
wage requirements, such as certified payrolls for all project employees. Such documentatior
be submitted to the City for review and approval on a weekly basis.
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 Objecti\
the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition o
e. Records documenting compliance with the fair housing and equal opportunity compo
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 incurrt
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 expendil
At a minimum, the performance reports shall include the following information:
a. Total number of persons/households participating in the program during reported pc
b. Total number of participants from Carlsbad;
program during the reporting period;
C. Number of low/moderate income Carlsbad persons/households participating i
d. Age and ethnic background of Carlsbad participants;
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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 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 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 pr
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
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.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal yea1
the City of Carlsbad and/or any other city or agency, the subrecipient is required to SUI
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 indepel
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 yea
expiration of the agreement. The Subrecipient shall also be required to submit a second aul
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.
for a period of three (3) years after the termination of all activities funded under this Agree
6. PROGRAM REQUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of F
Regulations, Part 570 (the Housing and Urban Development regulations concerning Comr
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 compliance with all Federal laws and regul
as described in Subpart IS, 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
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b. The Subrecipient will not assume the City’s responsibility for initiating the re’
process required under the provisions of Executive Order 12372 described at 570.61
the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referenci
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG fund
religious organizations, if applicable to this agreement and the approved project outlined he
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subreci;
desires a change in the use of the CDBG funds following approval of this agreement,. a WI
request must be submitted to the City for review by the Council. No change in use of the C1
funds will be permitted by the City without prior formal approval by the Council.
8. NONDISCRlMTNATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination i
provision of services and the equal opportunity employment of personnel.
9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations,
agreement may be suspended or terminated if the subrecipient fails to comply with any ter
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and I
of the Code of Federal Regulations are set forth, by reference, as provisions of this agree]
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG 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 $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 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) c
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
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injuries or death caused by, or claimed to have been caused by, or resulting from, any intenti
or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees
representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers
employees against any of the foregoing liabilities or claims of any kind and any cost/and exp
that. is incurred by the City on account of any of the foregoing liabilities, including liabilitic
claims by reason of alleged defects in any plans and specifications for the project or facilit
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without the 1
written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Ham
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind ea(
the parties hereto, and each of their respective heirs, executors, administrators, successors,
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or (
funds, the Subrecipient shall obtain and maintain policies of general liability insurance a
combined policy of worker's compensation and employers liability insurance from an insux
company authorized to do business in the State of California which meets the requiremer
City Council Resolution No. 91-403 in an insurable amount of not less than one million dc
($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Man
This insurance shall be in force during the term of this agreement and shall not be can
without thirty (30) days prior written notice to the City sent by certified mail.
The City shall be named as an additional insured on these policies. The Subrecipient shall fu
certificates of insurance to the City before commencement of work.
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IN WITNESS WHEWOF the parties hereto have caused this agreement to be exec1
as of the day and year first written above.
CATHOLIC CHARITIES, a non-profit organization,
,/ Ai& %- 24-5@
myor Ion the State of California H
ATTEST:
ALETHA L. RAUTENKRANZ, CITY CLbFUS
APPROVED AS TO FORM:
- 4 Q* G;$aeG1,
RONALD R. BALL, CITY ATTORNEY /o */t- SST*
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