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HomeMy WebLinkAbout1996-02-06; City Council; 13496; APPROVAL OF 1995-96 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSOVAL OF 1995-96 SUBRECIPIENT MTG. A-iC -‘?6 BLOCK GRANT FUNDS RECOMMENDED ACTION: Adopt Resolution No. federal Community Development Block Grant Funds. qd - l/<-? to approve 1995-96 Subrecipient Agreerr ITEM EXPLANATION: On April 1 1 , 1995, the City Council selected the organizations to receive federal Cc Development Block Grant (CDBG) Entitlement funding for the 1995-96 program ye to disbursing CDBG funding for the subrecipients, the City must complete the apl environmental reviews and execute a written agreement for the various approved pi Subrecipient agreements with three subrecipients have been prepared and are att4 Exhibit 2 for City Council review and approval at this time. The following subrecip receive CDBG funds for activities to benefit low and moderate-income Carlsbad re: AIDS Foundation, Vista Case Management Services $ - North County Council on Aging, Vista Supportive Services $ As required by federal regulations, staff has completed the required environment: documentation for the above CDBG funded projects. Staff has determined that the c AIDS Foundation and North County Council on Aging are exempt from environment under 24 CFR Section 58.34 (a)(9). projects are on file in the Housing and Redevelopment Department. FISCAL IMPACT: No fiscal impact on the General Fund. All of the above projects will be funded thrl federal CDBG program. The environmental review documentations 1. Resolution No. %c - y.3 approving 1995-96 Subrecipient Agreem federal CDBG funds. 2. 1995-96 Subrecipient Agreements. 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 0 0 CITY COUNCIL RESOLUTION NO. 9 6 - 4 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARL CALIFORNIA, APPROVING A SUBRECIPIENT AGREEMENT FOR THE CI: PROGRAM WHEREAS, on April 11, 1995, the City Council of the City of Carlsbad, California sele programs to receive funding under the City’s 1995-96 Community Development Block Grant ( Program; CARLSBADIS 1995-96 KDERAL COMMUNITY DEVELOPMENT BLOCK C WHEREAS, the City Council of the City of Carlsbad, California has considered the 1 subrecipient agreements for 1995-96 Community Development Block Grant funds; WHEREAS, the City has determined that CDBG funded projects to be administered b Foundation in Vista and North County Council on Aging in Vista are exempt from environmenta 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. 2. That the above recitations are true and correct. That the City Council has approved the 1995-96 Community Developme Grant Subrecipient Agreements for the following organizations: FoundatiodCase Management Services and North County Council on 1 Home Support and Case Management Services. The agreements are on fi City Clerk’s Office. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, Ca on the 6th day of FEBRUARY , 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSTAIN: None ABSENT: None ATTEST: AL@T (Seal) Ir 0 0 1 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND NORTH COUNTY COUNCIL ON AGING FOR 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 9th day of FEBRUARY , 1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and NORTH COUNTY COUNCIL ON AGING, a public corporation, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fund eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer counseling and self-improvement programs/activities for lower income persons; WHEREAS, the City has the need to provide assistance to organizations which administer programs that directly benefit low income adults with special needs living in Carlsbad; WHEREAS, the Subrecipient can provide one or more of these basic services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the provision of these services by North County Council on Aging 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 containec herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1995-1996 Community Development Block Grant (CDBG) funds in the amount of two thousand five hundred dollars ($2,500) to the Subrecipient for operation o the in home support services for Carlsbad seniors through the Subrecipient's administrativc office located at 2775 Jefferson Street in Vista, California. North County Council on Aging wil provide case management, homemaking, representative payee, and transportation services to low income Carlsbad senior citizens to promote independent living. Every effort shall be made by the subrecipient to expend the allocated funds in their entirety b June 30, 1996. If the Subrecipient will be unable to expend all of the funds allocated to th project by the noted date, the subrecipient shall request an extension from the City for continue1 completing the subject project, the City will either agree to grant the extension or notify th use of the funds on the approved project. Based on progress made by the subrecipient toward 1 0 0 Subrecipient that the funds must be reallocated to another eligible project due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrative costs related to the provision of services for eligible residentskitkens of Carlsbad for the period beginning July 1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be made performance. The reimbursements for costs shall not exceed a total of $2,500. The City shall not provide any paymentdreimbursements in advance of actual expenditures by the subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request payment for program administration costs. Prior to receiving reimbursement, the City will verify that the Subrecipient has provided in home support services for senior citizens in compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manne1 satisfactory to the City. Each request for reimbursement shall include documentation to verify expenditure of funds are consistent with the project description/definition as approved by the City Council. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples ol appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement is approved by tht City Council and continue until the expiration date, or amended expiration date, of this agreement. in accordance to budget information to be submitted to the City and in accordance with 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct resul of the use of federal CDBG funds for the program outlined within this agreement. All reporta program income may be retained by the Subrecipient for costs related to the subject progran activities. However, the program income, retained by the Subrecipient, must be expended beforc additional funds are requested from the City. The requirements are set forth in the federa 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 necessar to provide the subject program as outlined in this agreement. Under this agreement, the City' only financial obligation to the Subrecipient is to provide the CDBG funds of $2,500 maximu1 as allocated by the City Council for program year 1995-96. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 2 CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. SUC records shall include but not be limited to: 2 e a I a. b. C. d. e. f. Records providing a full description of each activity undertaken; Records demonstrating each activity undertaken meets on of the National Objectives of Records required to determine the eligibility of activities; Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB Circular A-110; and, Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and locd rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" during the program year beginning July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of each quarter. The final progress report is due no later than July 15, 1996. The report must include sufficient information to assist the City in monitoring the subrecipient's performance. The subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. e. The Subrecipient shall maintain client data demonstrating client eligibility for services provided Such data shall include at the minimum client name, address, ethnicity, income level or othei basis for determining eligibility, and description of service provided. This data shall assist th( Subrecipient in completing the required quarterly progress reports to be submitted to the City. The Subrecipient shall maintain separate accounting records for the federal CDBG funds providei by the City. The City, Federal Grantor Agency, Comptroller General of the United States, o any of their duly-authorized representatives shall have access to all books, documents, papers an records maintained by the Subrecipient which directly pertain to the above project for the purpos of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial record: supporting documents and statistical reports related to the project identified under this agreeme1 for a period of three (3) years after the termination of all activities funded under this Agreemen All records subject to an audit finding must be retained for three (3) years from the date th finding is made or until the finding has been cleared by appropriate officials and the Subrecipier has been given official written notice. If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal ye: from the City of Carlsbad and/or any other city or agency, the subrecipient is required to subm a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall t the CDBG program; g, Total number of persons/households participating in the program during reported period Total number of participants from Carlsbad; Number of low/moderate income Carlsbad personshouseholds participating in tht program during the reporting period; Age and ethnic background of Carlsbad participants; Summary of program(s) provided to Carlsbad participants; and 3 0 0 required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the period beginning July 1, 1995 and ending June 30, 1996 and is due not later than one year after expiration of the agreement. The Subrecipient shall also be required to submit a second audit for the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 for any funds received in fiscal year 1996-97 per this Agreement. 6. PROGRAM REOUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements 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 regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requirements of the CDBG Program Regulations, except that: a. Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City’s The Subrecipient will not assume the City’s environmental responsibilities as described in Section 570.604; and The Subrecipient will not assume the City’s responsibility for initiating the review process required under the provisions of Executive Order 12372 described at 570.612 01 the Code of Federal Regulations. b. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, ar a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use of CDBG funds b! religious organizations, if applicable to this agreement and the approved project outlined herein CHANGE’S IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipier desires a change in the use of the CDBG funds following approval of this agreement, a writte request must be submitted to the City for review by the Council. No change in use of the CDB( funds will be permitted by the City without prior formal approval by the Council. 7. 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in th provision of services and the equal opportunity employment of personnel. 4 0 a 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, this agreement may be suspended or terminated if the subrecipient fails to comply with any term(s) of the award andlor the award is terminated for convenience. Section 24, part^ 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The subrecipient shall be required to use any real property under the subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,00O to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. b) 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties fines, or any damage to goods, properties, or effects of any person whatsoever, nor for persona injuries or death caused by, or claimed to have been caused by, or resulting from, any intentiona or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees, 01 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 an( employees against any of the foregoing liabilities or claims of any kind and any cost/and expensc that is incurred by the City on account of any of the foregoing liabilities, including liabilities o claims by reason of alleged defects in any plans and specifications for the project or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shaIl not assign this agreement or any monies due thereunder without the prio written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmla Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each ( the parties hereto, and each of their respective heirs, executors, administrators, successors, an assigns. 5 e e AGREEMENT BETWEEN THE CITY OF CARLSBAD AND AIDS FOUNDATION SAN DIEGO FOR 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 9th day of FEBRUARY , 1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and AIDS FOUNDATION SAN DIEGO, a public corporation, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fund eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer counseling and self-improvement programdactivities for lower income persons; WHEREAS, the City has the need to provide assistance to organizations which administer programs that directly benefit low income adults with special needs living in Carlsbad; WHEREAS, the Subrecipient can provide one or more of these basic services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the provision of these services by AIDS Foundatior! San Diego 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 containec herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1995-1996 Community Development Block Grant (CDBG) fund5 in the amount of two thousand five hundred dollars ($2,500) to the Subrecipient for cas management services to persons with AIDS/HIV through the Subrecipient's administrative offc located at 161 Thunder Drive Vista, California. Case management services will be offered i accordance to needs of clients and based upon three differing levels: 1) Information and referra 2) Foundation Service Programs; and, 3) Intensive Crisis Management. Every effort shall be made by the subrecipient to expend the allocated funds in their entirety b June 30, 1996. If the Subrecipient will be unable to expend all of the funds allocated to tf project by the noted date, the subrecipient shall request an extension from the City for continue use of the funds on the approved project. Based on progress made by the subrecipient towarc completing the subject project, the City will either agree to grant the extension or notify tk 1 e e Subrecipient that the funds must be reallocated to another eligible project due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrative costs related to the provision of services for eligible residentdcitizens of Carlsbad for the period beginning July 1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be made in accordance to budget information to be submitted to the City and in accordance with performance. The reimbursements for costs shall not exceed a total of $2,500. The City subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request payment for program administration costs. Prior to receiving reimbursement, the City will verify that the Subrecipient has provided case management and support services for persons with AIDSMIV in compliance with all applicable Federal, state, and local rules and regulations governing these shall not provide any paymentslreimbutsements in advance of actual expenditures by the funds, and in a manner satisfactory to the City. Each request for reimbursement shall include documentation to verify expenditure of funds are consistent with the project description/definition as approved by the City Council. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples 01 appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement is approved by tht City Council and continue until the expiration date, or amended expiration date, of thk agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct resuli of the use of federal CDBG funds for the program outlined within this agreement. All reportec program income may be retained by the Subrecipient for costs related to the subject progran activities, However, the program income, retained by the Subrecipient, must be expended befort additional funds are requested from the City. The requirements are set forth in the federa regulations Sections 570.504 (c) which are incorporated herein by reference. 4. LABOR, MATERIAIS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necessar to provide the subject program as outlined in this agreement. Under this agreement, the City' only financial obligation to the Subrecipient is to provide the CDBG funds of $2,500 maximu1 as allocated by the City Council for program year 1995-96. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 2 CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. SUC records shall include but not be limited to: 2 a e a. b. c. d. e. f. Records providing a full description of each activity undertaken; Records demonstrating each activity undertaken meets on of the National Objectives of Records required to determine the eligibility of activities; Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB Circular A-110; and, Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly “Progress Reports” during the program year beginning July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of each quarter. The final progress report is due no later than July 15, 1996. The report must include suffkient information to assist the City in monitoring the subrecipient’s performance. The subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. the CDBG program: g. Total number of personshouseholds participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad personshouseholds participating in the program during the reporting period; 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 provided Such data shall include at the minimum client name, address, ethnicity, income level or othei basis for determining eligibility, and description of service provided. This data shall assist tht Subrecipient in completing the required quarterly progress reports to be submitted to the City. The Subrecipient shall maintain separate accounting records for the federal CDBG funds providec by the City. The City, Federal Grantor Agency, Comptroller General of the United States, 01 any of their duly-authorized representatives shall have access to all books, documents, papers anc records maintained by the Subrecipient which directly pertain to the above project for the purposc of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial records supporting documents and statistical reports related to the project identified under this agreemen for a period of three (3) years after the termination of all activities funded under this Agreement All records subject to an audit finding must be retained for three (3) years from the date thc finding is made or until the finding has been cleared by appropriate officials and the Subrecipien has been given official written notice. If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal yea from the City of Carlsbad and/or any other city or agency, the subrecipient is required to submi a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall bc 3 0 e required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the period beginning July 1, 1995 and ending June 30, 1996 and is due not later than one year after expiration of the agreement. The Subrecipient shall also be required to submit a second audit for the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 for any 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 Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City’s CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements 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 regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requirements of the CDBG Program Regulations, except that: a. The Subrecipient will not assume the City’s environmental responsibilities as described in Section 570.604; and The Subrecipient will not assume the City’s responsibility for initiating the review process required under the provisions of Executive Order 12372 described at 570.612 01 the Code of Federal Regulations. b. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use of CDBG funds bq religious organizations, if applicable to this agreement and the approved project outlined herein 7, CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipien desires a change in the use of the CDBG funds following approval of this agreement, a writteI request must be submitted to the City for review by the Council. No change in use of the CDBC funds will be permitted by the City without prior formal approval by the Council. 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in thi provision of services and the equal opportunity employment of personnel. 4 e a 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, this agreement may be suspended or terminated if the subrecipient fails to comply with any term(s) of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The subrecipient shall be required to use any real property under the subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,00(1 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, Disposed of in a manner that results in the City being reimbursed in the amount of thc current fair market value of the property less any portion of the value attributable tc expenditures of non-CDBG funds for acquisition, or improvement to, the property Reimbursement is not required after the period of time specified in paragraph (a) of this section. b) 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties fines, or any damage to goods, properties, or effects of any person whatsoever, nor for persona or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees, o 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 anc employees against any of the foregoing liabilities or claims of any kind and any cost/and expensi that is incurred by the City on account of any of the foregoing liabilities, including liabilities o claims by reason of alleged defects in any plans and specifications for the project or facility. injuries or death caused by, or claimed to have been caused by, or resulting from, any intentiona 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prio written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmles the parties hereto, and each of their respective heirs, executors, administrators, successors, an assigns. Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each c 5 m a , 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or other funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker’s compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled 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 furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year first written above. AIDS FOUNDATION SAN DIEGO, a non-profit organization / / a- & KA Y Y (XJlUDE A. ‘BUD’’ LEWIS, MAYOR ATTEST: & ALETHA L. RAUTENKRANZ, CITY CLERK RONALD R. BALL, CITY ATTORNEY 2/7/5+c 6