HomeMy WebLinkAbout1996-09-10; City Council; 13790; APPROVAL OF 1996-97 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSAPPROVAL OF 1996-97 SUBRECIPIENT AGREEMENTS
FOR COMMUNITY DEVELOPMENT BLOCK GRANT
RECOMMENDED ACTION:
Adopt Resolution No. ‘7 L- -3.3 1
Development Block Grant Funds.
ITEM EXPLANATION:
On April 16, 1996 and subsequently on June 19, 1996, the City Council selected the orgar
receive federal Community Development Block Grant (CDBG) Entitlement funding for th
program year. Prior to disbursing CDBG funding for the subrecipients, the City must co
appropriate environmental reviews and execute a written agreement for the various approved pi
Subrecipient agreements with fifteen subrecipients have been prepared and are attached as E
City Council review and approval at this time. The following subrecipients will receive CDBC
activities to benefit low and moderate-income Carlsbad residents:
to approve 1996-97 Subrecipient Agreements for federal i
WIF for Mental Health Alzheimer’s’ Day Care Center $ 4,851
Brother Benno Foundation, Inc. Good Samaritan House $ 2,42!
Brother Benno Foundation, Inc. Center for Human Development $ 2,911
Senior Adult Services Meals on Wheels $ 6,791 North County Council on Aging $ 2,911
Hospice of the North Coast Community Bereavement Program $ 2,911
Women’s Resource Center Alternatives to Abuse Shelter $ 4,85r
Family Service Association Counseling $ 2,911
Join Hands-Save a Life $ 6,791
Lifeline Community Services Housing Services Program $ 4,851
SER/Jobs for Progress Inc. Carlsbad Hiring Center $ 4,85(
Brother Benno Foundation, Inc. $ 2,42!
YMCA Oz North Coast Runaway Youth Shelter Project $ 7,81(
EYE Counseling & Crisis Services Rehab of Family Recovery $13,82r
In Home Support for Seniors
Youth Divers ion/Ga ng Prevent ion
House of Martha & Mary
North County Health Services Immunization Clinic $ 1,00(
FISCAL IMPACT:
2. 1996-97 Subrecipient Agreements.
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w CITY COUNCIL RESOLUTION NO, 9 6 .. 2 9 1 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAFUSBAD,
CALIFORNIA, APPROVING SUBRECIPIENT AGREEMENTS FOR THE CITY
GRANT PROGRAM
WHEREAS, on April 16, 1996 and subsequently on June 19, 1996, the City Council
City of Carlsbad, California selected the programs to receive funding under the City’s 1
Community Development Block Grant (CDBG) Program;
OF CARLSBAD’S 1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK
WHEREAS, the City Council of the City of Carlsbad, California has considered the r
subrecipient agreements for 1996-97 Community Development Block Grant funds;
WHEREAS, the City has determined that these Community Development Block Grant
activities are exempt from environmental review under 24 CFR Section 58.34 (a)(9) and (10); an
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 hereby approves the 1996-97 Community Developmer
Grant Subrecipient Agreements, on file in the City Clerk’s office, for the fc
organizations: Western Institute Foundation (WIF) for Mental Health/ Alzheirnc
Care Center, Brother Benno Foundation, Inc./Good Samaritan House, Brothe
Foundation, Inc. /Center for Human Development, Senior Adult Services/N
Wheels, North County Council on Aging/In Home Support for Seniors, Hospic
North CoastiCommunity , Bereavement Program, Women’s E
Center/Alternatives to Abuse Shelter, Family Service AssociatiodCounseli
Hands Save a Life/Youth Diversion Program, Lifeline Community Services/
Services Program, SERiJobs for Progress, Inc./Carlsbad Hiring Center, Broth(
Foundation, Inc./House of Martha & Mary, North County
Services/Immunization Clinic, YMCA Oz North Coast/Runaway Youth Shelter
EYE Counseling & Crisis Services/Rehabilitation of the Family Recovery Cent1
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3. That the Mayor is authorized to sign the Community Development Block
Subrecipient agreements on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cax
California, on the loth day of September . 1996, by the following
to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, and Hall
NOES: 'ibne
ABSTAIN: None
ABSENT: Council Member Finn
ATTEST:
AL!Z$TM<TE$W*)
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EXHIBIT 2
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
1996-97 SUBRECIPIENT AGREEMENTS
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AGREEMENT BETWEEN THE CITY OF CAIUSBAD AND
WESTERN INSTITUTE FOUNDATION FOR MENTAL HEALTH FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 17th day of Septemb
1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to
"City", and WESTERN INSTITUTE FOUNDATION FOR MENTAL HEALTH, a non-pro
organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has the need to provide basic services related to food, shelter, health a
clothing to low and moderate income households within Carlsbad;
WHEREAS, the City has the need to provide assistance to organizations which help nc
homeless persons with special needs, such as persons with handicaps;
WHEREAS, the Subrecipient can provide one or more of these basic services for low a
moderate income households and services which benefit non-homeless persons with special needs;
WHEREAS, the City has determined that Western Institute Foundation for Mental Health
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 contain
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1996-1997 Community Development Block Grant (CDB
funds, in the amount of foul: thousand eight hundred fifty dollars ($4,850) to the Subrecipient
provide adult day and health care services for low income Carlsbad adults suffering frc
Alzheimer's Disease or other related impairments. The administrative offices of Westc
Institute Foundation for Mental Health is located at 119 South Ditmar Street in Oceanside. 'I
Oceanside Alzheimer's Center is also located at 119 South Ditmar Street and the Sam A
Rose Stein Adult Day Center is located at 304 Seacrest Way in Encinitas.
The following services shall be provided to Carlsbad participants:
a. Supervised, structured activity program for impaired older adults; and,
b. Therapeutic, social and health services for frail and disabled adults.
Every effort shall be made by the subrecipient to expend the allocated funds in their entirety
June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to
project by the noted date, the subrecipient shall request in writing, by June 30, 1997,
extension from the City for continued use of the funds on the approved project. Based
progress made by the subrecipient towards completing the subject project, the City will eit
agree to grant the extension or notify the Subrecipient that the funds must be reallocated
another eligible project due to slow project progress.
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2, DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for program administration cos
related to the provision of adult day and health care for the period beginning July 1, 1996 ar
ending June 30, 1997. The reimbursements for costs shall not exceed a total of $4,850
The City shall not provide any paymentsireimbursements in advance of actual expenditures t
the subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment f
program service and administration costs. Each request for reimbursement shall incluc
documentation to verify expenditure of funds are consistent with the proje
description/definition as approved by the City Council. Prior to receiving reimbursement, tl
City will verify that the Subrecipient has met all applicable regulations for the project.
Payroll records, receipts, paid invoices including an itemized statement of all costs are samplc
of appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by tl
City Council and continue until the expiration date, or amended expiration date, of th
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a dire
result of the use of federal CDBG.funds for the program outlined within this agreement. P
reported program income may be retained by the Subrecipient for costs related to the subje
program activities. However, the program income, retained by the Subrecipient, must 1
expended before additional funds are requested from the City. The requirements are set fort
in the federal 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 necessai
to provide the subject program as outlined in this agreement. Under this agreement, the City
only financial obligation to the Subrecipient is to provide CDBG funds in the amount of $4,8:
maximum, as allocated by the City Council for program years and 1096-97
5. RECORDS AND REPORTS
The Subrecipient shall maintain the following records and reports to assist the City
maintaining its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following information:
a. Documentation of the income level and/or age of persons and/or householc
participating in or benefiting from the Subrecipient's program;
b. Documentation of the number of persons and/or households participating in the (
benefiting from the Subrecipient's program;
C. Documentation of all CDBG funds received from the City;
d. Documentation of expenses as identified in the Budget; and
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e.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginnir
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of ea(
quarter. The final progress report is due no later than July 15, 1997. The report must incluc
sufficient information to assist the City in monitoring the subrecipient's performance. TI
subrecipient must demonstrate satisfactory performance prior to reimbursement fi
expenditures.
Any such other related records as the City shall require.
At a minimum, the performance reports shall include the following information:
a.
b.
C.
d.
e.
The Subrecipient shall maintain separate accounting records for the federal CDBG fun{
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unitc
States, or any of their duly-authorized representatives shall have access to all book
documents, papers and records maintained by the Subrecipient which directly pertain to tl
above project for the purpose of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial record
agreement for a period of three (3) years after the termination of all activities funded under th
Agreement. All records subject to an audit finding must be retained for three (3) years fro1
the date the finding is made or until the finding has been cleared by appropriate officials ar
the Subrecipient 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
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipie
shall be required to submit, to the City, a comprehensive financial audit prepared by 1
independent, neutral third-party auditor. The audit shall cover financial operations of tl
Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due n
later than one year after expiration of the agreement. The Subrecipient shall also be required
submit a second audit for the period covered under fiscal year beginning July 1, 1997ai
ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement.
Total number of persons/households participating in the program during report,.
period;
Number of Carlsbad lowimoderate income personsihouseholds participating in tl
program during the reporting period;
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carlsbad participants; and
Total number of participants from Carlsbad.
supporting documents and statistical reports related to the project identified under tk
6. PROGRAM REQUIREMENTS
The Subrecipient shall adhere to the terms of the City's CDBG Application and Subrecipie
Agreement and with assurances and agreements made, by the City, to the United Stat
Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements
described in Section 570.502 of the federal regulations for the CDBG Program; the feder
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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 an
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housin
requirements of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as describr
in Section 570.604; and
The Subrecipient will not assume the City's responsibility for initiating the revie
process required under the provisions of Executive Order 12372 described at 570.61
of the Code of Federal Regulations.
b.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, i
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG funds I:
religious organizations, if applicable to this agreement and the approved project outline
herein.
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 writte
request must be submitted to the City for review by the Council. No change in use of ti
CDBG 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.
SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, th
agreement may be suspended or terminated if the subrecipient fails to comply with any term(,
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 ar
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of th
agreement.
9.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG func
on hand at the time of expiration and any accounts receivable attributable to the use of CDB(
funds. Any real property under the subrecipient's control that was acquired or improved j
whole or in part with CDBG funds in excess of $25,000 shall either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the feder;
regulations until five (5) years after termination or expiration of the agreement; or,
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b) 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 thi
section.
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 foi
personal injuries or death caused by, or claimed to have been caused by, or resulting from, an)
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agents
employees, or 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;
and employees against any of the foregoing liabilities or claims of any kind and any cost/anc
expense that is incurred by the City on account of any of the foregoing liabilities, includinj
liabilities or claims by reason of alleged defects in any plans and specifications for the projec
or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without tht
prior written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 1 1, "Hold Harmles:
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each o
the parties hereto, and each of their respective heirs, executors, administrators, successors, an(
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othei
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and s
combined policy of worker's compensation and employers liability insurance from an insurancc
company authorized to do business in the State of California which meets the requirements o
City Council Resolution No. 91-403 in an insurable amount of not less than one million dollar:
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Cit!
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancelec
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 shal
furnish certificates of insurance to the City before commencement of work.
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IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as c
the day and year first written above.
WESTERN INSTITUTE FOUNDATION FOR MENTAL HEALTH, a non-profit organization,
AI TEST:
ae;dp4. Qd*
ALETHA L. RAUTENKRANZ, CITY CLERK \
APPROVED AS TO FORM:
v E. L 7. I/. %
RON BALL, CITY ATTORNEY
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AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND BROTHER BENNO FOUNDATION, INC. FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 17th day of Septemb
1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to
"City", and BROTHER BENNO FOLNDATION, INC., a non-profit organization, hereinaft
referred to as "Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governme
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fu
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 homelt
persons/families which result in an improved situation through employment, permanent housin
treatment of mental, or substance abuse problems, etc.;
WHEREAS, the City has the need to provide assistance to non-profit public service provide
who meet the basic needs related to food, shelter, clothing and, in some cases, health care of low
income persons;
WHEREAS, the City has the need to provide assistance to non-profit public service provide
who offer counseling and self-improvement programs/activities for lower income persons;
WHEREAS, the Subrecipient can provide one or more of these basic services for low a
moderate income households with some assistance from the City; and,
WHEREAS, the City has determined that the Good Samaritan Shelter is exempt frc
environmental review under 24 CFR Part 58, Section 58.34(a)(9);
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contain
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1996-97 Community Development Block Grant (CDBG) func
in the amount of two thousand nine hundred and ten dollars ($2,425) to the Subrecipient f
operation of the Good Samaritan Shelter located at 901 First Street in Oceanside, Californi;
The shelter shall provide emergency housing for homeless males in North County, includi
Carlsbad, and some case management services provided by the Brother Benno Foundation.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety
June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to 1
project by the noted date, the Subrecipient shall request an extension from the City '
continued use of the funds on the approved project. Based on progress made by 1
Subrecipient towards completing the subject project, the City will either agree to grant I
extension or notify the Subrecipient that the funds must be reallocated to another eligi'
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project due to slow project progress.
2. DISBURSEMENT OF F”DS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related I
the provision of services for eligible residents/citizens of Carlsbad for the period beginning Ju
1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be ma(
in accordance to budget information to be submitted to the City and in accordance wi
performance. The reimbursements for costs shall not exceed a total of $2,425. The Ci
shall not provide any payments/reimbursements in advance of actual expenditures by tl
Subrecipient.
The Subrecipient shall submit a “Reimbursement Request” to the City to request payment fc
program administration costs. Prior to receiving reimbursement, the City will verify that tt
Subrecipient has provided services in compliance with all applicable Federal, state, and loc
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 funds a1
records, receipts, paid invoices including an itemized statement of all costs are samples I
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by tl
City Council and continue until the expiration date, or amended expiration date, of th
agreement.
consistent with the project descriptionldefinition as approved by the City Council. Payrc
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a dire1
result of the use of federal CDBG funds for the program outlined within this agreement. A
reported program income may be retained by the Subrecipient for costs related to the subje
program activities. However, the program income, retained by the Subrecipient, must t
expended before additional funds are requested from the City. The requirements are set for
in the federal regulations Sections 570 SO4 (c) which are incorporated herein by reference.
4. LABOR, MATERIALS AIM) SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses necessa
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 $2,425 maximu
as allocated by the City Council for program year 1996-97.
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:
a.
b.
Records providing a full description of each activity undertaken;
Records demonstrating each activity undertaken meets on of the National Objectives I
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the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of re,
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunii
f. Documentation of all CDBG funds received from the City, eligible expenses incurrr
for administration of each activity, and other financial records as required by 24 CF
Part 570.502, and OMB Circular A-1 10; and,
Any other related records as the City shall require to demonstrate compliance wii
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly “Progress Reports” during the program year beginnir
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of eac
quarter. The final progress report is due no later than July 15, 1997. The report must incluc
sufficient information to assist the City in monitoring the Subrecipient’s performance. TI
Subrecipient must demonstrate satisfactory performance prior to reimbursement fc
expenditures.
At a minimum, the performance reports shall include the following information:
a.
b.
c.
d.
e.
components of the CDBG program:
g.
Total number of persons/households participating in the program during reporte
period;
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad persons/households participating in tl-
program during the reporting period;
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carisbad participants; and
The Subrecipient shall maintain client data demonstrating client eligibility for servict
provided. Such data shall include at the minimum client name, address, ethnicity, income lev1
or other basis for determining eligibility, and description of service provided. This data sha
assist the Subrecipient in completing the required quarterly progress reports to be submitted I
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG func
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unite
States, or any of their duly-authorized representatives shall have access to all book
documents, papers and records maintained by the Subrecipient which directly pertain to tl-
above project for the purpose 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 th
agreement for a period of three (3) years after the termination of all activities funded under th
the date the finding is made or until the finding has been cleared by appropriate officials an
the Subrecipient 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 t
Agreement. All records subject to an audit finding must be retained for three (3) years fro
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submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipiec
shall be required to submit, to the City, a comprehensive financial audit prepared by a
independent, neutral third-party auditor. The audit shall cover financial operations of th
Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due nc
later than one year after expiration of the agreement. The Subrecipient shall also be required t
submit a second audit for the period covered under fiscal year beginning July 1, 1997 an
ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement.
6. PROGRAM REQUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Feder;
Regulations, Part 570 (the Housing and Urban Development regulations concernin
Community Development Block Grants). The Subrecipient also agrees to adhere to the term
of the City's CDBG Application and Subrecipient Agreement and with assurances an
agreements made, by the City, to the United States Department of Housing and Urba
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements a
described in Section 570.502 of the federal regulations for the CDBG Program; the feden
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 an
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housin
requirements of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as describe
in Section 570.604; and
The Subrecipient will not assume the City's responsibility for initiating the revie\
process required under the provisions of Executive Order 12372 described at 570.61.
of the Code of FedeFal Regulations.
b.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, a
a condition of this agreement.
The Subrecipient shall comply with all federal regulations related to the use of CDBG funds b
herein.
CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipiei
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 th
CDBG funds will be permitted by the City without prior formal approval by the Council.
religious organizations, if applicable to this agreement and the approved project outline
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.
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9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, th
agreement may be suspended or terminated if the Subrecipient fails to comply with any term(:
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 an
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of th
agreement.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG fun(
on hand at the time of expiration and any accounts receivable attributable to the use of CDB
funds. The Subrecipient shall be required to use any real property under the Subrecipient
control that was acquired or improved in whole or in part with CDBG funds in excess
$25,000 to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the feder
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 tl
current fair market value of the property less any portion of the value attributable
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 tt
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltic
fines, or any damage to goods, properties, or effects of any person whatsoever, nor f
personal injuries or death caused by, or claimed to have been caused by, or resulting from, a
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agen
employees, or 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
and employees against any of the foregoing liabilities or claims of any kind and any coda
expense that is incurred Sy the City on account of any of the foregoing liabilities, includi
liabilities or claims by reason of alleged defects in any plans and specifications for the projc
or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without I
prior written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harm11
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, a
assigns.
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14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or otht
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
combined policy of worker's compensation and employers liability insurance from an insuranc
company authorized to do business in the State of California which meets the requirements (
City Council Resolution No. 91-403 in an insurable amount of not less than one million dolla
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Cil
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancele
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.
furnish certificates of insurance to the City before commencement of work.
The Subrecipient sha
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as 1
the day and year first written above.
BROTHER BENNO FOUNDATION, INC., a non-profit organization,
L LLif d7 &k/ , d;>,<-Z/
ATTEST;
LbZiLR Q&-
ALETHA L. RAUTENKRANZ, CITY CLARK
APPROVED AS TO FORM:
.iz. &&
RONALD R. BALL, CITY ATTORNEY 5 -// -76
6
i m 0
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE BROTHER BENNO FOUNDATION, INC. FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
TKIS AGREEMENT, made and entered into as of this 17 th day of September 1996, 1 and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "Citj
and THE BROTHER BENNO FOUNDATION, INC., a non-profit organization, hereinafter referr
to as " Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governmc
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to ful
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 homele
persons/families which result in an improved situation through employment, permanent housin
treatment of mental, or substance abuse problems, etc.;
WHEREAS, the City has the need to provide assistance to non-profit public service provide
who meet the basic needs of lower income persons. Basic needs are defined as those which provi
food, shelter, clothing and, in some cases, health care;
WHEREAS, the City has the need to provide assistance to non-profit public service providt
who offer counseling and self-improvement programs/activities for lower income persons;
WHENAS, the Subrecipient can provide temporary shelter or services to the homeless, ba
services for low and moderate income households, and services which offer counseling and se
improvement programs for lower income persons; and,
WHEREAS, the City has determined that the Brother Benno Center for Human Developme
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 contain
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1996-97 Community Development Block Grant (CDBG) fun(
in the amount of two thousand nine hundred and ten dollars ($2,910) to the Subrecipient 1
operation of the Brother Benno Center for Human Development located at 3260 Producti
Avenue in Oceanside, California. CDBG funds will be used to assist with the costs associal
with the provision basic life services to the homeless and tke poor, which include but are r
limited to food, clothing, showers, laundry facilities, mailing address, counseling, case wor
and temporary shelter.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety
June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to t
project by the noted date, the Subrecipient shall request an extension from the City f
continued use of the funds on the approved project. Based on progress made by t
1
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Subrecipient towards completing the subject project, the City will either agree to grant tk
extension or notify the Subrecipient that the funds must be reallocated to another e\igib
project due to slow project progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related
the provision of services for eligible residents/citizens of Carlsbad for the period beginning Ju
1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be mac
in accordance to budget information to be submitted to the City and in accordance wii
performance. The reimbursements for costs shall not exceed a total of $2,910. The Cii
shall not provide any paymentslreimbursements in advance of actual expenditures by tk
Subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fc
program administration costs. Prior to receiving reimbursement, the City will verify that tk
Subrecipient has administered the Brother Benno Center for Human Development
compliance with all applicable Federal, state, and local rules and regulations governing the:
funds, and in a manner satisfactory to the City.
Each request for reimbursement shall include documentation to verify expenditure of funds a1
consistent with the project description/definition as approved by the City Council. Payro
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 tl:
City Council and continue until the expiration date, or amended expiration date, of th
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a dire
result of the use of federal CDBG funds for the program outlined within this agreement. P
reported program income may be retained by the Subrecipient for costs related to the subje,
program activities. However, the program income, retained by the Subrecipient, must 1:
expended before additional funds are requested from the City. The requirements are set fort
in the federal 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 necessaI
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 $2,910 maximui
as allocated by the City Council for program year 1996-97.
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:
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a. Records providing a full description of each activity undertaken;
b. Records demonstrating each activity undertaken meets on of the National Objectives
the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of re
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportuni
components of the CDBG program;
f. Documentation of all CDBG funds received from the City, eligible expenses incurrc
for administration of each activity, and other financial records as required by 24 CF
Part 570.502, and OMB Circular A-1 10; and,
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginniI
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of ea(
quarter. The final progress report is due no later than July 15, 1997. The report must inch
sufficient information to assist the City in monitoring the Subrecipient's performance. TI
Subrecipient must demonstrate satisfactory performance prior to reimbursement fl
expenditures.
At a minimum, the performance reports shall include the following information:
a.
b.
c.
go Any other related records as the City shall require to demonstrate compliance wi
Total number of persondhouseholds participating in the program during repom
period;
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad persons/households participating in tl
program during the reporting period;
Summary of. program(s) provided to Carlsbad participants; and
d. Age and ethnic background of Carlsbad participants;
e.
The Subrecipient shall maintain client data demonstrating client eligibility for servio.
provided. Such data shall include at the minimum client name, address, ethnicity, income lev1
or other basis for determining eligibility, and description of service provided. This data sha
assist the Subrecipient in completing the required quarterly progress reports to be submitted 1
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG fun(
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unitc
States, or any of their duly-authorized representatives shall have access to all book
documents, papers and records maintained by the Subrecipient which directly pertain to tl
above project for the purpose 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 th
Agreement. All records subject to an audit finding must be retained for three (3) years fro]
the date the finding is made or until the finding has been cleared by appropriate officials ar
the Subrecipient has been given official written notice.
agreement for a period of three (3) years after the termination of all activities funded under th
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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
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipie
shall be required to submit, to the City, a comprehensive financial audit prepared by i
independent, neutral third-party auditor. The audit shall cover financial operations of tl
Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due n
later than one year after expiration of the agreement. The Subrecipient shall also be required
submit a second audit for the period covered under fiscal year beginning July 1, 1997 ai
ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement.
6. PROGRAM REQUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Feder
Regulations, Part 570 (the Housing and Urban Development regulations concernii
Community Development Block Grants). The Subrecipient also agrees to adhere to the ten
of the City's CDBG Application and Subrecipient Agreement and with assurances ai
agreements made, by the City, to the United States Department of Housing and Urb
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements
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 a
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housi
requirements of the CDBG Program Regulations, except that:
a.
described in Section 570,502 of the federal regulations for the CDBG Program; the fedei
The Subrecipient will not assume the City's environmental responsibilities as describc
in Section 570.604; and
The Subrecipient will not assume the City's responsibility for initiating the revie
process required under the provisions of Executive Order 12372 described at 570.6
of the Code of Federal Regulations.
b.
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 outlin
herein.
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 writtc
request must be submitted to the City for review by the Council. No change in use of tl
CDBG funds will be permitted by the City without prior formal approval by the Council.
7.
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8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in tk
provision of services and the equal opportunity employment of personnel.
SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, th
agreement may be suspended or terminated if the Subrecipient fails to comply with any term(!
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 an
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of th
agreement.
9.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG func
on hand at the time of expiration and any accounts receivable attributable to the use of CDBi
funds. The Subrecipient shall be required to use any real property under the Subrecipient
control that was acquired or improved in whole or in part with CDBG funds in excess (
$25,000 to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the feder:
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 th
current fair market value of the property less any portion of the value attributable t
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 th
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltie:
fines, or any damage to goods, properties, or effects of any person whatsoever, nor fo
personal injuries or death caused by, or claimed to have been caused by, or resulting from, an
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agents
employees, or representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its office1
and employees against any of the foregoing liabilities or claims of any kind and any cost/an
expense that is incurred by the City on account of any of the foregoing liabilities, includin
liabilities or claims by reason of alleged defects in any plans and specifications for the projec
or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without th
prior written consent of the City.
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13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 1 1, "Hold Harmles
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each c
assigns.
the parties hereto, and each of their respecIive heirs, executors, administrators, successors, ar
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othl
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
combined policy of worker's compensation and employers liability insurance from an insuranc
company authorized to do business in the State of California which meets the requirements I
City Council Resolution No. 91-403 in an insurable amount of not less than one million dolla
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Ci
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancele
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 sha
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 I
-
the day and year first written above.
THE BROTHER BENNO FOUNDATION INC., a non-profit organization,
ATTEST:
ALETHA L. RAUTENKRANZ, CITY CLE~K
APPROVED AS TO FORM:
LJd4izQb
RONALD R. BALL, CITY ATTORNEY 7- // - 7 6.
6
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AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND SENIOR ADULT SERVICES FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 17 t h day of September 199( by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to :
"City", and SENIOR ADULT SERVICES, a non- profit organization, hereinafter referred to ;
"Subrecipient" .
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governmer
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fun
eligible activities which benefit persons of low and moderate income;
WHEREAS, the City has the need to provide assistance to non-profit public service provide]
who offer counseling and self-improvement programs/activities for lower income persons;
WHEREAS, the City has the need to provide assistance to organizations which administc
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 an
moderate income households with some assistance from the City; and,
WHEREAS, the City has determined that the Meals-on-Wheels Program administered b
Senior Adult Services is exempt from environmental review under 24 CFR Part 58, Sectio
58.34(a)(9);
NOW, THEREFORE, in consideration of these recitals and the mutual covenants containe
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1996-97 Community Development Block Grant (CDBG) fund:
in the amount of six thousand seven hundred and ninety dollars ($6,790) to the Subrecipient t
assist with the costs associated with provision of a Meals-on-Wheels program for senic
citizens and the disabled within the city limits of Carlsbad, California. Meals will be delivere
Meals-on-Wheels program is operated through the Senior Adult Services administrative office
located at 2437 Morena Boulevard, San Diego, California.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety b
June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to ti-
project by the noted date, the Subrecipient shall request an extension from the City fc
continued use of the funds on the approved project. Based on progress made by th
Subrecipient towards completing the subject project, the City will either agree to grant th
extension or notify the SubrZLipient that the funds must be reallocated to another eligibl
project due to slow project progress.
twice a day, five days per week to homebound seniors and disabled persons in Carlsbad. Th
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2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related I
the provision of services for eligible residentdcitizens of Carlsbad for the period beginning Jul
1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be ma(
in accordance to budget information to be submitted to the City and in accordance wi
performance. The reimbursements for costs shall not exceed a total of $6,790. The Ci
shall not provide any paymentsheimbursements in advance of actual expenditures by tl
Subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fc
program administration costs. Prior to receiving reimbursement, the City will verify that ti
Subrecipient has administered and implemented the Meals-on-Wheels Program in complianc
with all applicable Federal, state, and local rules and regulations governing these funds, and
a manner satisfactory to the City.
Each request for reimbursement shall include documentation to verify expenditure of funds ai
consistent with the project description/definition as approved by the City Council. Payrc
records, receipts, paid invoices including an itemized statement of all costs are samples I
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by th
City Council and continue until the expiration date, or amended expiration date, of th
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a dire1
result of the use of federal CDBG funds for the program outlined within this agreement. A
reported program income may be retained by the Subrecipient for costs related to the subjel
program activities. However, the program income, retained by the Subrecipient, must t
expended before additional funds are requested from the City. The requirements are set fori
in the federal 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 $6,790 maximui
as allocated by the City Council for program year 1996-97.
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:
a.
b.
C.
Records providing a full description of each activity undertaken;
Records demonstrating each activity undertaken meets on of the National Objectives c
the CDBG program;
Records required to determine the eligibility of activities;
2
1 I @ 0
d. Records required to document the acquisition, improvement, use or disposition of re:
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunii
components of the CDBG program;
f. Documentation of all CDBG funds received from the City, eligible expenses incurrc
for administration of each activity, and other financial records as required by 24 CF
Part 570.502, and OMB Circular A-1 10; and,
Any other related records as the City shall require to demonstrate compliance wi
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginnil
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of eac
quarter. The final progress report is due no later than July 15, 1997. The report must incluc
sufficient information to assist the City in monitoring the Subrecipient's performance. TI
Subrecipient must demonstrate satisfactory performance prior to reimbursement fc
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 servicc
provided. Such data shall include at the minimum client name, address, ethnicity, income lev1
or other basis for determining eligibility, and description of service provided. This data sha
assist the Subrecipient in completing the required quarterly progress reports to be submitted 1
g.
Total number of persons/households participating in the program during report<
period;
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad persons/households participating in tl
program during the reporting period;
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carlsbad participants; and
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG fun(
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unitc
States, or any of their duly-authorized representatives shall have access to all book
documents, papers and records maintained by the Subrecipient which directly pertain to tl
above project for the purpose 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 th
agreement for a period of three (3) years after the termination of all activities funded under th
Agreement. All records subject to an audit finding must be retained for three (3) years fro1
the date the finding is made or until the finding has been cleared by appropriate officials ar
the Subrecipient has been given official written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal ye;
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipie
shall be required to submit, to the City, a comprehensive financial audit prepared by i
from the City of Carlsbad andlor any other city or agency, the Subrecipient is required I
3
e 0
independent, neutral third-party auditor. The audit shall cover financial operations of th
Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due nc
later than one year after expiration of the agreement. The Subrecipient shall also be required t
submit a second audit for the period covered under fiscal year beginning July 1, 1997 an
ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Feder
Regulations. Part 570 (the Housing and Urban Development regulations concernir
Community Development Block Grants). The Subrecipient also agrees to adhere to the tern
of the City's CDBG Application and Subrecipient Agreement and with assurances an
agreements made, by the City, to the United States Department of Housing and Urba
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements a
described in Section 570.502 of the federal regulations for the CDBG Program; the feder:
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 an
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housin
requirements of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as describe
in Section 570.604; and
The Subrecipient will not assume the City's responsibility for initiating the revie1
process required under the provisions of Executive Order 12372 described at 570.61
of the Code of Federal Regulations.
b.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, a
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 outline
herein.
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 writtc
request must be submitted to the City for review by the Council. No change in use of tl
CDBG 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 tf
provision of services and the equal opportunity employment of personnel.
4
0 e
9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, th
agreement may be suspended or terminated if the Subrecipient fails to comply with any term(
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 ar
agreement.
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of th
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG func
on hand at the time of expiration and any accounts receivable attributable to the use of CDBl
funds. The Subrecipient shall be required to use any real property under the Subrecipient
control that was acquired or improved in whole or in part with CDBG funds in excess (
$25,000 to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the feder
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 tl.
current fair market value of the property less any portion of the value attributable L
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 th
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltie!
fines, or any damage to goods, properties, or effects of any person whatsoever, nor fc
personal injuries or death caused by, or claimed to have been caused by, or resulting from, an
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agent
employees, or 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]
and employees against any of the foregoing liabilities or claims of any kind and any cost/an
expense that is incurred by the City on account of any of the foregoing liabilities, includin
liabilities or claims by reason of alleged defects in any plans and specifications for the projec
or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without tk
prior written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmlef
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each c
the parties hereto, and each of their respective heirs, executors, administrators, successors, an
assigns.
5
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14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds andior otht
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
combined policy of worker's compensation and employers liability insurance from an insuranc
company authorized to do business in the State of California which meets the requirements (
City Council Resolution No. 9 1-403 in an insurable amount of not less than one million dolla
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Ci
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancele
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 sha
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 (
the day and year first written above.
SENIOR ADULT SERVICES, a non-profit organization, OB!
~A8bf~.-''hIf LkWIS, MAYOR 'tr' - -
ATTEST;
ALETHA L. RAUT
APPROVED AS TO FORM:
mm RONA R. BALL, CITY ATTORNEY $-/I -%I
6
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
AM) NORTH COUNTY COUNCIL ON AGING FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 17 th day of Septembe
1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to
"City", and NORTH COUNTY COUNCIL ON AGING, a public corporation, hereinafter referred
as "Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governme
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fur
eligible activities which benefit persons of low and moderate income;
WHEREAS, the City has the need to provide assistance to non-profit public service provide
who offer counseling and self-improvement programsiactivities for lower income persons;
WHEREAS, the City has the need to provide assistance to organizations which administ
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 ai
moderate income households with some assistance from the City; and,
WHEREAS, the City has determined that the provision of these services by North Cour
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 containt
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1996-97 Community Development Block Grant (CDBG) find
in the amount of two thousand nine hundred and ten dollars ($2,910) to the Subrecipient f
operation of the in home support services for Carlsbad seniors through the Subrecipienl
administrative office located at 2775 Jefferson Street in Vista, California. North Coun
Council on Aging will provide case management, homemaking, representative payee, a
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 t
June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to tl
project by the noted date, the Subrecipient shall request an extension from the City 6
continued use of the funds on the approved project. Based on progress made by tl
Subrecipient towards completing the subject project, the City will either agree to grant tl
extension or notify the Subrecipient that the funds must be reallocated to another eligit
project due to slow project progress.
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2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related I
the provision of services for eligible residentdcitizens of Carlsbad for the period beginning Ju
1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be mac
in accordance to budget information to be submitted to the City and in accordance wi
performance. The reimbursements for costs shall not exceed a total of $2,910. The Ci
shall not provide any payments/reimbursements in advance of actual expenditures by tl
Subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fc
program administration costs. Prior to receiving reimbursement, the City will verify that tl-
Subrecipient has provided in home support services for senior citizens in compliance with a
applicable Federal, state, and local rules and regulations governing these funds, and in
manner satisfactory to the City.
Each request for reimbursement shall include documentation to verify expenditure of funds ai
consistent with the project description/definition as approved by the City Council. Payro
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 th
City Council and continue until the expiration date, or amended expiration date, of thi
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a dire( result of the use of federal CDBG funds for the program outlined within this agreement. A
reported program income may be retained by the Subrecipient for costs related to the subjec
program activities. However, the program income, retained by the Subrecipient, must b
expended before additional funds are requested from the City. The requirements are set fori
in the federal 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 $2,910 maximur
as allocated by the City Council for program year 1996-97.
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:
a.
b.
Records providing a full description of each activity undertaken;
Records demonstrating each activity undertaken meets on of the National Objectives o
the CDBG program;
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C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of re:
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunit
components of the CDBG program;
f. Documentation of all CDBG funds received from the City, eligible expenses incurre
for administration of each activity, and other financial records as required by 24 CF'
Part 570.502, and OMB Circular A-1 10; and,
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginnin
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of eac
quarter. The final progress report is due no later than July 15, 1997. The report must includ
sufficient information to assist the City in monitoring the Subrecipient's performance. Th
Subrecipient must demonstrate satisfactory performance prior to reimbursement fc
expenditures.
At a minimum, the performance reports shall include the following information:
a.
b.
C.
g. Any other related records as the City shall require to demonstrate compliance wit
Total number of persondhouseholds participating in the program during reporte
period;
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad persondhouseholds participating in th
program during the reporting period;
Summary of program(s) provided to Carlsbad participants; and
d. Age and ethnic background of Carlsbad participants:
e.
The Subrecipient shall maintain client data demonstrating client eligibility for service
provided. Such data shall include at the minimum client name, address, ethnicity, income levc
or other basis for determining eligibility, and description of service provided. This data sha
assist the Subrecipient in completing the required quarterly progress reports to be submitted t
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG fund
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unitec
States, or any of their duly-authorized representatives shall have access to all books
documents, papers and records maintained by the Subrecipient which directly pertain to th
above project for the purpose 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 thi
agreement for a period of three (3) years after the termination of all activities funded under th;
Agreement. All records subject to an audit finding must be retained for three (3) years fror
the date the finding is made or until the finding has been cleared by appropriate officials an
the Subrecipient 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 tc
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipiec
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shall be required to submit, to the City, a comprehensive financial audit prepared by a
independent, neutral third-party auditor. The audit shall cover financial operations of ti
Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due nr
later than one year after expiration of the agreement. The Subrecipient shall also be required I
submit a second audit for the period covered under fiscal year beginning July 1, 1997 ar
ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement.
6. PROGRAM REQUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Feder
Regulations, Part 570 (the Housing and Urban Development regulations concernix
Community Development Block Grants). The Subrecipient also agrees to adhere to the tern
of the City's CDBG Application and Subrecipient Agreement and with assurances a1
agreements made, by the City, to the United States Department of Housing and Urbi
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements
described in Section 570.502 of the federal regulations for the CDBG Program; the fedeI
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 ai
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housi
requirements of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as describ
in Section 570.604; and
The Subrecipient will not assume the City's responsibility for initiating the revit
process required under the provisions of Executive Order 12372 described at 570.6
of the Code of Federal Regulations.
b.
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 outlin
herein.
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipic
desires a change in the use of the CDBG funds following approval of this agreement, a writ1
request must be submitted to the City for review by the Council.
CDBG funds will be permitted by the City without prior formal approval by the Council.
No change in use of
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in
provision of services and the equal opportunity employment of personnel.
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9. SUSPENSION AND TFRMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, th
agreement may be suspended or terminated if the Subrecipient fails to comply with any term(
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 ar
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of th
agreement.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG func
on hand at the time of expiration and any accounts receivable attributable to the use of CDBi
funds. The Subrecipient shall be required to use any real property under the Subrecipient
control that was acquired or improved in whole or in part with CDBG funds in excess (
$25,000 to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the feder
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 ti
current fair market value of the property less any portion of the value attributable
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 th
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltie:
fines, or any damage to goods, properties, or effects of any person whatsoever, nor fc
personal injuries or death caused by, or claimed to have been caused by, or resulting from, an
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agent,
employees, or 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
and employees against any of the foregoing liabilities or claims of any kind and any cost/an
expense that is incurred by the City on account of any of the foregoing liabilities, includin
liabilities or claims by reason of alleged defects in any plans and specifications for the projec
or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without tk
prior written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harrnles
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.
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14. INSUaANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or otk
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
combined policy of worker's compensation and employers liability insurance from an insuran
company authorized to do business in the State of California which meets the requirements
City Council Resolution No. 91-403 in an insurable amount of not less than one million doll;
($1,000,000) each, unless a lower amount is approved by the City Attorney or the C
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancel
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.
furnish certificates of insurance to the City before commencement of work.
The Subrecipient sh
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as
the day and year first written above.
NORTH COUNTY COUNCIL ON AGING, a non-profit organization
e of California
ATTEST:
ALETHA L. RAUTENKRANZ, CITY CLER~
D AS TO FORM:
c
RONALYR. BALL, CITY ATTORNEY 9 -/I -96 '
6
Tota 1 Project BudEet F 7 0
Project Costs: - ‘rranspoflation “otals
Personnel $2,500 $ 1,985 $ 4,485
Trans. Vouchers 0 2,000 2,000
Travel Exp. 150 50 200
Ut1 ./P hone 50 50 I00
Insurance 100 150 250
Miscellaneous 100 100 200
Sub Totals. $3,200 $ 4,585 $ 7,785
Supplies I50 150 3 00
Postage/Photo 150 100 250
-_________ _--_______ -_________
Project Revenue:
City of Carlsbad $ 2,910
Fund Raising 200
FowndatiodGrants 1,000
Total Revenue: $ 7,785
United Way 3,500
Contnbutions 175
-_________
* * Additional In-Kind Contributions: Senior &de $2,700
Vol. Hours 900
Mlsc. 500
$4,100
-_________
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.. PrqIect c ;oak and Oblectwes
Measurable 96/97 project objectwes will include the hours of in-home
support services provided in Case M~nagernentiCoiincPling, Rill Paying and the
Carlsbad communities.
Proposed Service Levels:
n-&Tl"uer "f EscsG Tikqj"G&G"" elps pio-&d io seri"rs GO+ serv-ed hi ;&-gc;ed
Case Management Services: $2,000 = 210 hrs. ($ 9.50 per hr.serv.)
Transp-tation Services: s 910 = l65trips ($5,50pertTip)
New Unduplicated Clients = 70 all lowimod. income seniors
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AGEEMENT BETWEEN THE
CITY OF CARLSBAD AND HOSPICE OF THE NORTH COAST FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 17th day of Septembe
1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to a
"City", and HOSPICE OF TME NORTH COAST, a non-profit organization, hereinafter referred tc
as "Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governmer
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fun
eligible activities which benefit persons of low and moderate income;
WHEREAS, the City has the need to provide assistance to non-profit public service provider:
who offer counseling and self-improvement programs/activities for lower income persons;
WHEREAS, the Subrecipient can provide this service €or low and moderate incoml
households with some assistance from the City; and,
WHEREAS, the City has determined that Hospice of the North Coast's Cornmunit;
Bereavement Program is exempt from environmental review under 24 CFR Part 58, Sectior
5 8.34(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 1996-97 Community Development Block Grant (CDBG) funds
in the amount of two thousand nine hundred and ten dollars ($2,910) to the Subrecipient tc
provide Community Bereavement Program through their administrative offices located a
5421 Avenida Encinas, Suite N, Carlsbad, California. The Subrecipient offers no cost service:
which include the following:
a.
b. Follow-up phone calls;
C.
d. Five weekly support groups;
e.
f. Bereavement lending library; and,
g.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety b:
June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to thj
project by the noted date, the Subrecipient shall request an extension from the City fo
continued use of the funds on the approved project. Based on progress made by thi
Subrecipient towards completing the subject project, the City will either agree to grant thc
Information packets outlining the grief experience;
Monthly potluck social gathering and quarterly special events;
Individual, group, and family counseling for all ages;
24 hours, 7 days a week emergency counseling.
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extension or notify the Subrecipient that the funds must be reallocated to another eligibli
project due to slow project progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related t
the provision of services for eligible residents/citizens of Carlsbad for the period beginning Jul
1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be mad
in accordance to budget information to be submitted to the City and in accordance wit
performance. The reimbursements for costs shall not exceed a total of $2,910. The Cit
shall not provide any payments/reimbursements in advance of actual expenditures by th
Subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fc
program administration costs. Prior to receiving reimbursement, the City will verify that tl-
Subrecipient has administered the bereavement program in compliance with all applicab
Federal, state, and local rules and regulations governing these funds, and in a mannt
satisfactory to the City.
Each request for reimbursement shall include documentation to verify expenditure of funds ai
consistent with the project description/definition as approved by the City Council. Payrc
records, receipts, paid invoices including an itemized statement of all costs are samples i
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by tl
City Council and continue until the expiration date, or amended expiration date, of th
agreement.
3. PROGRAM INCOME
The Subrecipient shall repoft, to the City, any interest, or other income, earned as a dire
result of the use of federal CDBG funds for the program outlined within this agreement. A
reported program income may be retained by the Subrecipient for costs related to the subje
program activities. However, the program income, retained by the Subrecipient, must 1
expended before additional funds are requested from the City. The requirements are set for
in the federal 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 necessa
to provide the subject program as outlined in this agreement. Under this agreement, the Citj
only financial obligation to the Subrecipient is to provide the CDBG funds of $2,910 maximu
as allocated by the City Council for program year 1996-97.
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. Su
records shall include but not be limited to:
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a. Records providing a full description of each activity undertaken:
b. Records demonstrating each activity undertaken meets on of the National Objectives o
the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of rea
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportuni?
components of the CDBG program;
f. Documentation of all CDBG funds received from the City, eligible expenses incurrec
Part 570.502, and OMB Circular A-1 10; and,
Any other related records as the City shall require to demonstrate compliance wit;
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginnin,
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of eac
quarter. The final progress report is due no later than July 15, 1997. The report must includ
sufficient information to assist the City in monitoring the Subrecipient's performance. Th
Subrecipient must demonstrate satisfactory performance prior to reimbursement fo
expenditures.
At a minimum, the performance reports shall include the following information:
a.
b.
for administration of each activity, and other financial records as required by 24 CFI
g.
Total number of persons/households participating in the program during reporte
period;
Total number of participants from Carlsbad;
program during the reporting period;
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carlsbad participants; and
c. Number of lowimoderate income Carlsbad personsihouseholds participating in tk
d.
e.
The Subrecipient shall maintain client data demonstrating client eligibility for servict
provided. Such data shall include at the minimum client name, address, ethnicity, income lev1
or other basis for determining eligibility, and description of service provided. This data sha
assist the Subrecipient in completing the required quarterly progress reports to be submitted 1
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG fun(
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unitc
States, or any of their duly-authorized representatives shall have access to all book
documents, papers and records maintained by the Subrecipient which directly pertain to tl
above project for the purpose 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 tk
agreement for a period of three (3) years after the termination of all activities funded under tk
Agreement. All records subject to an audit finding must be retained for three (3) years fro
the date the finding is made or until the finding has been cleared by appropriate officials ai
the Subrecipient has been given official written notice.
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If the SubrcxipienI shall receive more than $25,000 in Mal federal funds in one fisc11 ye1 from the City of Carlsbad and/or any other city or agency, the Subrecipient is required t
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipier
shall be required to submit, to the City, a comprehensive financial audit prepared by a
independent, neutral third-party auditor. The audit shall cover financial operations of th
Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due n(
later than one year after expiration of the agreement. The Subrecipient shall also be required t
submit a second audit for the period covered under fiscal year beginning July 1, 1997 an
ending June 30, 1998 for any funds received in fiscal year 1997-97 per this Agreement.
6. PROGRAM REQUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Feder;
Regulations, Part 570 (the Housing and Urban Development regulations concernin
Community Development Block Grants). The Subrecipient also agrees to adhere to the tern
of the City's CDBG Application and Subrecipient Agreement and with assurances ar
agreements made, by the City, to the United States Department of Housing and Urba
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements a
described in Section 570.502 of the federal regulations for the CDBG Program; the feden
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 an
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housin
requirements of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as describe
in Section 570.604; and
The Subrecipient will not assume the City's responsibility for initiating the revie
process required under the provisions of Executive Order 12372 described at 570.61
of the Code of Federal Regulations.
b.
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 b
religious organizations, if applicable to this agreement and the approved project outline
herein.
CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipiei
desires a change in the use of the CDBG funds following approval of this agreement, a writtc
request must be submitted to the City for review by the Council. No change in use of 11
CDBG funds will be permitted by the City without prior formal approval by the Council.
7.
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84 NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in thc
provision of services and the equal opportunity employment of personnel.
SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, thi
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 anc
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of thi
agreement.
9.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG fund
on hand at the time of expiration and any accounts receivable attributable to the use of CDB(
control that was acquired or improved in whole or in part with CDBG funds in excess o
$25,000 to either be:
a)
funds. The Subrecipient shall be required to use any real property under the Subrecipient'
Used to meet one of the national objectives in 24 CFR Section 570.208 of the federa
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 th
current fair market value of the property less any portion of the value attributable t
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 thi
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltie:
fines, or any damage to goods, properties, or effects of any person whatsoever, nor fc
personal injuries or death caused by, or claimed to have been caused by, or resulting from, an
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agent!
employees, or 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]
and employees against any of the foregoing liabilities or claims of any kind and any cost/ar
expense that is incurred by the City on account of any of the foregoing liabilities, includir
liabilities or claims by reason of alleged defects in any plans and specifications for the proje
or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without tk
prior written consent of the City.
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13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmles
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each c
the parties hereto, and each of their respective heirs, executors, administrators, successors, an
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othc
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
combined policy of worker's compensation and employers liability insurance from an insuranc
company authorized to do business in the State of California which meets the requirements (
City Council Resolution No. 91-403 in an insurable amount of not less than one million dollai
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Cit
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancele
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 sha
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 1
the day and year first written above.
HOSPICE OF THE NORTH COAST, a non-profit organization,
State of California
ATTEST:
ALETEEA L. RAUTENKRANZ, CITY CLERI~
APPROVED AS TO FORM:
P &Q.b
BALL, CITY ATTORNEY
7-0 - 9G. 6
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE WOMEN'S RESOURCE CENTER FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 17th day of Septembc
1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to :
"City", and the WOMEN'S RESOURCE CENTER, a non-profit organization, hereinafter referred as "Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governme:
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fur
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 homele
persons/families which result in an improved situation through employment, permanent housin,
treatment of mental, or substance abuse problems, etc.;
WHEREAS, the City has the need to provide assistance to non-profit public service provide,
who meet the basic needs related to food, shelter, clothing and, in some cases, health care of lowt
income persons;
WHEREAS, the City has the need to provide assistance to non-profit public service provide:
who offer counseling and self-improvement programsiactivities for lower income persons;
WHEREAS, the Subrecipient can provide one or more of these basic services for low ar
moderate income households with some assistance from the City; and,
WHEREAS, the City has determined that the Women's Resource Center's Alternatives ~
Abuse 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 containe
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1996-97 Community Development Block Grant (CDBG) fund
in the amount of four thousand eight hundred fifty dollars ($4,850) to the Subrecipient fc
operation of the Alternatives to Abuse Shelter, a confidential battered women's shelter. TI
Alternatives to Abuse shelter shall provide emergency housing, for a maximum period of ?
days, and supportive services and counseling to women in residence. Program administrati\
offices are located at 1963 Apple Street in Oceanside.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety b
June 30, 1997. 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 fc
continued use of the funds on the approved project. Based on progress made by tk
Subrecipient towards completing the subject project, the City will either agree to grant ti
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extension or notify the Subrecipient that the funds must be reallocated to another eligibl
project due to slow project progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related t
the provision of services for eligible residentslcitizens of Carlsbad €or the period beginning Jul
1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be mac in accordance to budget information to be submitted to the City and in accordance W~L
performance. The reimbursements for costs shall not exceed a total of $4,850. The Cit
shall not provide any payments/reimbursements in advance of actual expenditures by th
Subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fc
program administration costs. Prior to receiving reimbursement, the City will verify that tl-
Subrecipient has operated the shelter and services in compliance with all applicable Federa
state, and local rules and regulations governing these funds, and in a manner satisfactory to tl-
City.
Each request for reimbursement shall include documentation to verify expenditure of funds ai
consistent with the project description/definition as approved by the City Council. Payra
records, receipts, paid invoices including an itemized statement of all costs are samples c
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by th
City Council and continue until the expiration date, or amended expiration date, of thi
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direc
result of the use of federal CDBG funds for the program outlined within this agreement. A
reported program income may be retained by the Subrecipient for costs related to the subjel
program activities. However, the program income, retained by the Subrecipient, must b
expended before additional funds are requested from the City. The requirements are set fort
in the federal 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 $4,850 rnaximur
as allocated by the City Council for program year 1996-97.
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:
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a. Records providing a full description of each activity undertaken;
b. Records demonstrating each activity undertaken meets on of the National Objectives c
the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of rei
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunii
components of the CDBG program;
f. Documentation of all CBBG funds received from the City, eligible expenses incurrt
for administration of each activity, and other financial records as required by 24 CF
Part 570.502, and OMB Circular A-1 10; and,
Any other related records as the City shall require to demonstrate compliance wit
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginnin
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of eac
quarter. The final progress report is due no later than July 15, 1997. The report must incluc
sufficient information to assist the City in monitoring the Subrecipient's performance. Tt
Subrecipient must demonstrate satisfactory performance prior to reimbursement fc
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 service
provided. Such data shall include at the minimum client name, address, ethnicity, income levc
or other basis for determining eligibility, and description of service provided. This data sha
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG fun(
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unite
States, or any of their duly-authorized representatives shall have access to all book
documents, papers and records maintained by the Subrecipient which directly pertain to tl
above project for the purpose 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 th
agreement for a period of three (3) years after the termination of all activities funded under th
Agreement. All records subject to an audit finding must be retained for three (3) years fro1
the date the finding is made or until the finding has been cleared by appropriate officials an
the Subrecipient has been given official written notice.
g.
Total number of persons/households participating in the program during report€
period;
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad persons/households participating in tt
program during the reporting period;
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carlsbad participants; and
assist the Subrecipient in completing the required quarterly progress reports to be submitted 1
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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 t
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipier
shall be required to submit, to the City, a comprehensive financial audit prepared by a
independent, neutral third-party auditor. The audit shall cover financial operations of th
Subrecipient for the period beginning July I, 1996 and ending June 30, 1997 and is due nc
later than one year after expiration of the agreement. The Subrecipient shall also be required t
submit a second audit for the period covered under fiscal year beginning July 1, 1997 ar
ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement,
6. PROGRAM REQUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Feder
Regulations, Part 570 (the Housing and Urban Development regulations concernir
Community Development Block Grants). The Subrecipient also agrees to adhere to the tern
of the City's CDBG Application and Subrecipient Agreement and with assurances ar
agreements made, by the City, to the United States Department of Housing and Urba
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements i
described in Section 570.502 of the federal regulations for the CDBG Program; the feder;
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 ar
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housir
requirements of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as describe
in Section 570.604; and
The Subrecipient will not assume the City's responsibility for initiating the revie
process required under the provisions of Executive Order 12372 described at 570.61
of the Code of Federal Regulations.
b.
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 I:
religious organizations, if applicable to this agreement and the approved project outline
herein.
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 writtc
request must be submitted to the City for review by the Council. No change in use of tl
CDBG funds will be permitted by the City without prior formal approval by the Council.
7.
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8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in thl
provision of services and the equal opportunity employment of personnel.
SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, thl
agreement may be suspended or terminated if the Subrecipient fails to comply with any term(:
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 an
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of th
agreement.
9.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG func
on hand at the time of expiration and any accounts receivable attributable to the use of CDB(
funds. The Subrecipient shall be required to use any real property under the Subrecipient
control that was acquired or improved in whole or in part with CDBG funds in excess (
$25,000 to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the feder;
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 tf
current fair market value of the property less any portion of the value attributable I
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 th
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltie
fines, or any damage to goods, properties, or effects of any person whatsoever, nor fc
personal injuries or death caused by, or claimed to have been caused by, or resulting from, ar
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agent
employees, or 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
and employees against any of the foregoing liabilities or claims of any kind and any cost/ar
expense that is incurred by the City on account of any of the foregoing liabilities, includil
liabilities or claims by reason of alleged defects in any plans and specifications for the proje
or facility.
12, ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without tl
prior written consent of the City.
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13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmle:
the parties hereto, and each of their respective heirs, executors, administrators, successors, ar
Agreement," all terms, conditions, and provisions hereof shall insure to and Shall bind each i
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othc
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
combined policy of worker's compensation and employers liability insurance from an insuranc
company authorized to do business in the State of California which meets the requirements I
City Council Resolution No. 91-403 in an insurable amount of not less than one million dolla
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Ci
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancele
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 sha
furnish certificates of insurance to the City before commencement of work.
IN WITNESS WHEFWOF the parties hereto have caused this agreement to be executed as (
the day and year first written above.
WOMEN'S RESOURCE CENTER, a non-profit organization
&-
tate of California
ATTEST:
ALETHA L. RAUTENKRANZ, CITY CLE~K
APPROVED AS TO FORM:
m RONXD R. BALL, CITY ATTORNEY
?-//-X 6
a 0
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FAMILY SERVICE ASSOCIATION FOR 1996-97
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 17th day of Septembc
1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to i
"City", and FAMILY SERVICE ASSOCIATION, a non-profit organization, hereinafter referred I
as "Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governmei
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fun
eligible activities which benefit persons of low and moderate income;
WHEREAS, the City has the need to provide assistance to non-profit public service provide
who offer counseling and self-improvement programsiactivities for lower income persons;
WHEREAS, the Subrecipient can provide this service for low and moderate incon
households with some assistance from the City; and,
WHEREAS, the City has determined that the Family Service Association's Counselir
Services is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(9);
NOW, THEREFORE, in consideration of these recitals and the mutual covenants containc
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1996-97 Community Development Block Grant (CDBG) fund
in the amount of two thousand nine hundred and ten dollars ($2,910) to the Subrecipient
provide scholarships to low and moderate persons to receive individual, couple and fami
counseling through the Subrecipient's office located at 6120 Paseo Del Norte in Carlsba
California.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety
June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to t
project by the noted date, the Subrecipient shall request an extension from the City f
continued use of the funds on the approved project. Based on progress made by t
Subrecipient towards completing the subject project, the City will either agree to grant 1
extension or notify the Subrecipient that the funds must be reallocated to another eligil
project due to slow project progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related
the provision of services for eligible residentslcitizens of Carlsbad for the period beginning Ji
1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be m:
1
a e
in accordance to budget information to be submitted to the City and in accordance wii
performance. The reimbursements for costs shall not exceed a total of $2,910. The Cii
shall not provide any paymentdreimbursements in advance of actual expenditures by tk
Su brec jpient I
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fi
program administration costs. Prior to receiving reimbursement, the City will verify that tl
Subrecipient has administered the counseling program in compliance with all applicab
Federal, state, and local rules and regulations governing these funds, and in a mann
satisfactory to the City.
Each request for reimbursement shall include documentation to verify expenditure of funds a)
consistent with the project descriptionidefinition as approved by the City Council. Payrc
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 tt
City Council and continue until the expiration date, or amended expiration date, of th
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a dire
result of the use of federal CDBG funds for the program outlined within this agreement. P
reported program income may be retained by the Subrecipient for costs related to the subje
program activities. However, the program income, retained by the Subrecipient, must 1
expended before additional funds are requested from the City. The requirements are set for.
in the federal 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 necessaI
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 $2,910 maximu
as allocated by the City Council for program year 1996-97.
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. Suc
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 Objectives (
the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of re
e. Records documenting compliance with the fair housing and equal opportuni property acquired or improved with CDBG assistance:
components of the CDBG program;
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f. Documentation of all CDBG funds received from the City, eligible expenses incurrec
Part 570.502, and OMB Circular A-1 10; and,
Any other related records as the City shall require to demonstrate compliance wit1
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginnin
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of eac
sufficient information to assist the City in monitoring the Subrecipient's performance. Th
Subrecipient must demonstrate satisfactory performance prior to reimbursement fa
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 servicc
provided. Such data shall include at the minimum client name, address, ethnicity, income levc
or other basis for determining eligibility, and description of service provided. This data sha
assist the Subrecipient in completing the required quarterly progress reports to be submitted 1
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG fun(
provided by the City. The.City, Federal Grantor Agency, Comptroller General of the Unite
States, or any of their duly-authorized representatives shall have access to all book
documents, papers and records maintained by the Subrecipient which directly pertain to ti
above project for the purpose 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 th
agreement for a period of three (3) years after the termination of all activities funded under th
Agreement. All records subject to an audit finding must be retained for three (3) years fro
the date the finding is made or until the finding has been cleared by appropriate officials ar
the Subrecipient 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
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipie
shall be required to submit, to the City, a comprehensive financial audit prepared by ;
independent, neutral third-party auditor. The audit shall cover financial operations of tl
Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due n
later than one year after expiration of the agreement. The Subrecipient shall also be required
submit a second audit for the period covered under fiscal year beginning July 1, 1997 ai
for administration of each activity, and other financial records as required by 24 CFI
g.
quarter. The final progress report is due no later than July 15, 1997. The report must includ
Total number of personsihouseholds participating in the program during reporte
period;
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad persons/households participating in th
program during the reporting period;
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carlsbad participants; and
3
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ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Feder;
Regulations, Part 570 (the Housing and Urban Development regulations concernin
Community Development Block Grants). The Subrecipient also agrees to adhere to the tern
of the City's CDBG Application and Subrecipient Agreement and with assurances an
agreements made, by the City, to the United States Department of Housing and Urba
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements i
described in Section 570.502 of the federal regulations for the CDBG Program; the feder
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 ar
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housir
requirements of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as describe in Section 570.604; and
b. The Subrecipient will not assume the City's responsibility for initiating the reviel
process required under the provisions of Executive Order 12372 described at 570.61
of the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, 2
a condition of this agreement.
The Subrecipient shall comply with all federal regulations related to the use of CDBG funds t
religious organizations, if applicable to this agreement and the approved project outlint
herein.
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 writtt
CDBG funds will be permitted by the City without prior formal approval by the Council.
7.
request must be submitted to the City for review by the Council. No change in use of th
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in tl
provision of services and the equal opportunity employment of personnel.
SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, tl-
agreement may be suspended or terminated if the Subrecipient fails to comply with any term(
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 ai
9.
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85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of thi
agreement.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG fund
on hand at the time of expiration and any accounts receivable attributable to the use of CDB(
funds. The Subrecipient shall be required to use any real property under the Subrecipient'
control that was acquired or improved in whole or in part with CDBG funds in excess c
$25,000 to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the feder;
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 th
current fair market value of the property less any portion of the value attributable tl
Reimbursement is not required after the period of time specified in paragraph (a) of thi
section.
b)
expenditures of non-CDBG funds for acquisition, or improvement to, the property.
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltie:
fines, or any damage to goods, properties, or effects of any person whatsoever, nor fc
personal injuries or death caused by, or claimed to have been caused by, or resulting from, an
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agent:
employees, or 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
and employees against any of the foregoing liabilities or claims of any kind and any cost/anr
expense that is incurred by the City on account of any of the foregoing liabilities, includin
liabilities or claims by reason of alleged defects in any plans and specifications for the projec
or facility.
12. ASSIGNMENT OF AGRJ3EMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without th
prior written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmler
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each c
the parties hereto, and each of their respective heirs, executors, administrators, successors, an
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or otht
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
5
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combined policy of worker's compensation and employers liability insurance from an insuranc
company authorized to do business in the State of California which meets the requirements (
City Council Resolution No. 91-403 in an insurable amount of not less than one million dolla
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Ci
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancel6
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 sh:
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 (
the day and year first written above.
FAMILY SERVICE ASSOCIATION, a non-profit organization,
t Anne Gilles
te of California
ATTEST:
ALETHA L. RAU~ENKRANZ, CITY CLERK ) \-
APPROVED AS TO FORM:
d, Q %e-
RONALD R. BALL, CITY ATTORNEY
9-H - 76 t
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AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND JOIN HANDS SAVE A LIFE FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 17th day of September 199
by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to a
"City", and JOIN HANDS SAVE A LIFE, a non-profit organization, hereinafter referred to a
"Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governmei
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fur
eligible activities which benefit persons of low and moderate income;
WHEREAS, the City has the need to provide assistance to non-profit public service provide.
who offer recreational and/or cultural programsiactivities for lower income persons.
WHEREAS, the Subrecipient can provide this basic service for low and moderate incom
households with some assistance from the City; and,
WHEREAS, the City has determined that the Gang Prevention Program offered by Join Hanc
Save a Life is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(9);
NOW, THEREFORE, in consideration of these recitals and the mutual covenants containe
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1996-97 Community Development Block Grant (CDBG) fund
in the amount of six thousand seven hundred and ninety dollars ($6,790) to the Subrecipient I
assist with the costs associated with provision of a youth diversion/gang prevention progra
for under-privileged and at-risk youths in Carlsbad through the Subrecipients administrati1
office located at 3528 Madison Street, Carlsbad, California.
Join Hands Save a Life will provide a free constructive alternative for the "at-risk'' youth (
Carlsbad. Services to be provided include, but are not limited to:
a. Physical recreational activities;
b. Field trips;
C.
d.
e. Counseling and mediation;
f. Study hall; and,
g. Mentoring program.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety 1
June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to tl
Workshops and seminars on conflict resolution and drug awareness;
Graffiti clean-ups and work projects;
1
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project by the noted date, the Subrecipient shall request an extension from the City fa
continued use of the funds on the approved project. Based on progress made by th
extension or notify the Subrecipient that the funds must be reallocated to another eligibl
project due to slow project progress.
Subrecipient towards completing the subject project, the City will either agree to grant th
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related t
the provision of services for eligible residents/citizens of Carlsbad for the period beginning Jul
1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be mad
in accordance to budget information to be submitted to the City and in accordance wit
performance. The reimbursements for costs shall not exceed a total of $6,790. The Cii
shall not provide any payments/reimbursements in advance of actual expenditures by tk
Subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fc
program administration costs. Prior to receiving reimbursement, the City will verify that tf
Subrecipient has administered the gang prevention program in compliance with all applicab
satisfactory to the City.
Each request for reimbursement shall include documentation to verify expenditure of funds ai
consistent with the project descriptioddefinition as approved by the City Council. Payrc
records, receipts, paid invoices including an itemized statement of all costs are samples 1
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by tl
City Council and continue until the expiration date, or amended expiration date, of th
agreement.
Federal, state, and local rules and regulations governing these funds, and in a mannc
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a dire
result of the use of federal CDBG funds for the program outlined within this agreement. P
reported program income may be retained by the Subrecipient for costs related to the subje
expended before additional funds are requested from the City. The requirements are set €or
in the federal regulations Sections 570 SO4 (c) which are incorporated herein by reference.
program activities. However, the program income, retained by the Subrecipient, must 1
4. LABOR, MATERIALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses necessa
to provide the subject program as outlined in this agreement. Under this agreement, the Citj
only financial obligation to the Subrecipient is to provide the CDBG funds of $6,790 maximu
as allocated by the City Council for program year 1996-97.
5. RECORDS AND REPORTS
The Subrecipient shall maintain all records required by the Federal regulations specified in
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CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. Sucl
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 Objectives o
the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of re:
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunit
components of the CDBG program;
f. Documentation of all CDBG funds received from the City, eligible expenses incurre
for administration of each activity, and other financial records as required by 24 CF
Any other related records as the City shall require to demonstrate compliance wil
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginnir
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of eac
quarter. The final progress report is due no later than July 15, 1997. The report must incluc
sufficient information to assist the City in monitoring the Subrecipient's performance. TI
Subrecipient must demonstrate satisfactory performance prior to reimbursement fc
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 servic
provided. Such data shall include at the minimum client name, address, ethnicity, income le\
or other basis for determining eligibility, and description of service provided. This data sh
assist the Subrecipient in completing the required quarterly progress reports to be submitted
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG fur
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unit
States, or any of their duly-authorized representatives shall have access to all boo1
documents, papers and records maintained by the Subrecipient which directly pertain to 1
above project for the purpose of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial recorl
supporting documents and statistical reports related to the project identified under t
agreement for a period of three (3) years after the termination of all activities funded under t
Agreement. All records subject to an audit finding must be retained for three (3) years fr
Part 570.502, and OMB Circular A-110; and,
g.
Total number of persons/households participating in the program during reportc
period;
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad persons/households participating in tl
program during the reporting period:
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carlsbad participants; and
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the date the finding is made or until the finding has been cleared by appropriate officials an
the Subrecipient has been given official written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal yes
from the City of Carlsbad and/or any other city or agency, the Subrecipient is required t
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipiei
shall be required to submit, to the City, a comprehensive financial audit prepared by a
independent, neutral third-party auditor. The audit shall cover financial operations of tk
Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due nl
later than one year after expiration of the agreement. The Subrecipient shall also be required
submit a second audit for the period covered under fiscal year beginning July 1, 1997 ar
ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement.
6. PROGRAM REQUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Feder
Regulations, Part 570 (the Housing and Urban Development regulations concerniI
Community Development Block Grants). The Subrecipient also agrees to adhere to the tern
of the City's CDBG Application and Subrecipient Agreement and with assurances a1
agreements made, by the City, to the United States Department of Housing and Urb;
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements
described in Section 570.502 of the federal regulations for the CDBG Program; the feder
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 ai
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housii
requirements of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as describ
in Section 570.604; and
The Subrecipient will not assume the City's responsibility for initiating the revif
process required under the provisions of Executive Order 12372 described at 570.6
of the Code of Federal Regulations.
b.
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 outlir
herein.
CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipil
desires a change in the use of the CDBG funds following approval of this agreement, a writ
request must be submitted to the City for review by the Council. No change in use of
CDBG funds will be permitted by the City without prior formal approval by the Council.
4
7.
0 0
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.
SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, th
agreement may be suspended or terminated if the Subrecipient fails to comply with any term(
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 a1
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of th
agreement.
9.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG fun1
on hand at the time of expiration and any accounts receivable attributable to the use of CDB
funds. The Subrecipient shall be required to use any real property under the Subrecipient
control that was acquired or improved in whole or in part with CDBG funds in excess
$25,000 to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the fedei
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 oft
current fair market value of the property less any portion of the value attributable
expenditures of non-CDBG funds for acquisition, or improvement to, the propertj
Reimbursement is not required after the period of time specified in paragraph (a) of tl
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltit
fines, or any damage to goods, properties, or effects of any person whatsoever, nor f
personal injuries or death caused by, or claimed to have been caused by, or resulting from, a
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agen
employees, or representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officc
and employees against any of the foregoing liabilities or claims of any kind and any cost/a
expense that is incurred by the City on account of any of the foregoing liabilities, includj
liabilities or claims by reason of alleged defects in any plans and specifications for the proj
or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without
prior written consent of the City.
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13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmles
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each o
the parties hereto, and each of their respective heirs, executors, administrators, successors, anc
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othe
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
combined policy of worker's compensation and employers liability insurance from an insuranc
company authorized to do business in the State of California which meets the requirements (
City Council Resolution No. 91-403 in an insurable amount of not less than one million dollai
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Cir
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancele
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 sha
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 I
the day and year first written above.
JOIN HANDS SAVE A LIFE, non-profit organization,
&L/M:2 S'
FRANK ANTHONY SORINO, CHIEF EXECUTIVE OFFICER
ate of California
-
ATTEST:
ALETHA L. RAUTENKRANZ, CITY CLERK )
AS TO FORM:
I) I 1 RONALD R. BALL, CITY ATTORNEY 7-4-94 *
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AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND LIFELINE COMMUNITY SERVICES FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 17th day of September 199
by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to a
"City", and LIFELINE COMMUNITY SERVICES, a non-profit organization, hereinafter referred t
as "Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governmei
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fun
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 homelei
persons/families which result in an improved situation through employment, permanent housinl
treatment of mental, or substance abuse problems, etc.;
WHEREAS, the City has the need to provide assistance to non-profit public service provide
who meet the basic needs related to food, shelter, clothing and, in some cases, health care of lowc
income persons;
WHEREAS, the City has the need to provide assistance to non-profit public service provide
who offer counseling and self-improvement programsiactivities for lower income persons;
WHEREAS, the Subrecipient can provide one or more of these basic services for low ar
moderate income households with some assistance from the City; and,
WHEREAS, the City has determined that the housing services offered by Lifeline Communi
Services is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(9);
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contain1
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1996-97 Community Development Block Grant (CDBG) func
in the amount of four thousand eight hundred and fifty dollars ($4,850) to the Subrecipient
offer a comprehensive Housing Services Program. Through the Subrecipient's office locat
at 200 Jefferson Street, Vista, California low and moderate-income Carlsbad residents will
able to access the following housing services:
a. Shared housing referrals;
b. Landlordhenant education and mediation;
C. Resource and referral;
d.
e. Housing discrimination;
f. Emergency shelter; and,
Housing services for Spanish speaking residents;
I
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g.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety b
June 30, 1997. 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 fo
continued use of the funds on the approved project. Based on progress made by th
Subrecipient towards completing the subject project, the City will either agree to grant th
extension or notify the Subrecipient that the funds must be reallocated to another eligibl
project due to slow project progress.
Housing related public information workshops.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related t
the provision of services for eligible residentsicitizens of Carlsbad for the period beginning Jul
1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be mad
in accordance to budget information to be submitted to the City and in accordance wit
performance. The reimbursements for costs shall not exceed a total of $4,850. The Cit
shall not provide any paymentsireimbursements in advance of actual expenditures by tk
Subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fc
program administration costs. Prior to receiving reimbursement, the City will verify that tk
Subrecipient has administered the Housing Services Program in compliance with all applicab
Federal, state, and local rules and regulations governing these funds, and in a mannc
satisfactory to the City.
Each request for reimbursement shall include documentation to verify expenditure of funds a
consistent with the project description/definition as approved by the City Council. Payrc
records, receipts, paid invoices including an itemized statement of all costs are samples I
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by tl
City Council and continue until the expiration date, or amended expiration date, of tl-
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a dirt
result of the use of federal CDBG funds for the program outlined within this agreement. 1
reported program income may be retained by the Subrecipient for costs related to the subjt
expended before additional funds are requested from the City. The requirements are set foi
in the federal regulations Sections 570.504 (c) which are incorporated herein by reference.
program activities. However, the program income, retained by the Subrecipient, must
4. LABOR, MATERIALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses necessa
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 $4,850 maximi
as allocated by the City Council for program year 1996-97.
2
< I e 0
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. Suck
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 Objectives o
the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of rea
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunit:
components of the CDBG program;
f. Documentation of all CDBG funds received from the City, eligible expenses incurrer
for administration of each activity, and other financial records as required by 24 CFI
Part 570.502, and OMB Circular A-1 10; and,
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginnin
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of eac
quarter. The final progress report is due no later than July 15, 1997. The report must includ
sufficient information to assist the City in monitoring the Subrecipient's performance. Tf
Subrecipient must demonstrate satisfactory performance prior to reimbursement fc
expenditures.
At a minimum, the performance reports shall include the following information:
a.
b.
C.
g. Any other related records as the City shall require to demonstrate compliance wit
Total number of persons/households participating in the program during report€
period;
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad persons/households participating in tl
program during the reporting period;
Summary of program(s) provided to Carlsbad participants; and d. Age and ethnic background of Carlsbad participants;
e.
The Subrecipient shall maintain client data demonstrating client eligibility for servic
provided. Such data shall include at the minimum client name, address, ethnicity, income lev
or other basis for determining eligibility, and description of service provided. This data sh;
assist the Subrecipient in completing the required quarterly progress reports to be submitted
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG fun
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unit
States, or any of their duly-authorized representatives shall have access to all boo1
documents, papers and records maintained by the Subrecipient which directly pertain to t
above project for the purpose of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial recorc
supporting documents and statistical reports related to the project identified under t!
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agreement for a period of three (3) years after the termination of all activities funded under thi
Agreement.
the date the finding is made or until the finding has been cleared by appropriate officials an
the Subrecipient has been given official written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal ye2
from the City of Carlsbad and/or any other city or agency, the Subrecipient is required t
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipiei
shall be required to submit, to the City, a comprehensive financial audit prepared by a
independent, neutral third-party auditor. The audit shall cover financial operations of tk
Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due nc
later than one year after expiration of the agreement. The Subrecipient shall also be required 1
submit a second audit for the period covered under fiscal year beginning July 1, 1997 ar
ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement.
All records subject to an audit finding must be retained for three (3) years fror
6. PROGRAM REOUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Feder
Regulations, Part 570 (the Housing and Urban Development regulations concernir
Community Development Block Grants). The Subrecipient also agrees to adhere to the tern
of the City's CDBG Application and Subrecipient Agreement and with assurances ax
agreements made, by the City, to the United States Department of Housing and Urb;
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements
described in Section 570.502 of the federal regulations for the CDBG Program; the feder
requirements are set forth, by reference, as i, provision of this agreement.
The Subrecipient shall carry out all activities in compliance with all Federal laws ai
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housil
requirements of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as describ
in Section 570.604; and
The Subrecipient will not assunie the City's responsibility for initiating the revit
process required under the provisions of Executive Order 12372 described at 570.6
of the Code of Federal Regulations.
b.
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 outlir
herein.
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipi
desires a change in the use of the CDBG funds following approval of this agreement, a writ
4
e e
request must be submitted to the City for review by the Council. No change in use of the
CDBG 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 thc
provision of services and the equal opportunity employment of personnel.
SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, thi
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 an(
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of thi
agreement.
9.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG func
on hand at the time of expiration and any accounts receivable attributable to the use of CDB(
funds. The Subrecipient shall be required to use any real property under the Subrecipient
control that was acquired or improved in whole or in part with CDBG funds in excess (
$25,000 to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the feder<
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 tk
current fair market value of the property less any portion of the value attributable 1
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 th
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltie
fines, or any damage to goods, properties, or effects of any person whatsoever, nor fc
personal injuries or death caused by, or claimed to have been caused by, or resulting from, ai
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agent
employees, or 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
and employees against any of the foregoing liabilities or claims of any kind and any costiai
expense that is incurred by the City on account of any of the foregoing liabilities, includii
liabilities or claims by reason of alleged defects in any plans and specifications for the proje
or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without t
prior written consent of the City.
5
* a
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmles
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each o
the parties hereto, and each of their respective heirs, executors, administrators, successors, an1
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othe
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
combined policy of worker's compensation and employers liability insurance from an insuranc
company authorized to do business in the State of California which meets the requirements (
City Council Resolution No. 91-403 in an insurable amount of not less than one million dollai
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Cil
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancele
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 shs
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 1
the day and year first written above.
LIFELINE COMMUNITY SERVICES, a non-profit organization
\ L- - /
of the State of California
ATTEST:
R_
ALETHA L. RAUTENKRANZ, CITY CLERK
APPROVED AS TO FORM:
RONALD R. BALL, CITY ATTORNEY ?-//--% t
6
e
AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND SEWJOBS FOR PROGRESS INC. FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT F"DS
THIS AGREEMENT, made and entered into as of this 17 th day of Septembl
1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to
"City", and SER/JOBS FOR PROGRESS INC., a non-profit organization, hereinafter referred to
"Subrecipient".
RECITALS
WHEREAS, the City has a need to provide assistance to non-profit public service provide
who offer counseling and self-improvement programsiactivities for lower income persons;
WHEREAS, the City has a need to provide assistance to organizations which administi
programs, such as employment services, job training, and educational programs, that directly bene
low income adults with special needs living in Carlsbad;
WHEREAS, the Subrecipient can provide one or more of these basic services for low ai
moderate income households and services which benefit the homeless with some assistance from tl
City; and
WHEREAS, the City has determined that the Carlsbad Hiring Center is exempt frc
environmental review under 24 CFR Part 58, Section 58.34(a)(9);
NOW, THEREFORE, in consideration of these recitals and the mutual covenants containl
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1996-97 Community Development Block Grant (CDBG) fund
in the amount of four thousand eight hundred fifty dollars ($4,850) to the Subrecipient for tl
operating costs associated the Carlsbad Hiring Center located at 5958 El Camino Real
Carlsbad, California. The Carlsbad Hiring Center will provide a central location for bo
potential employers and employees to coordinate employment needs on a six day per we1
basis, Monday through Saturday from 7:OO a.m. until 12 noon. Potential employees w
receive job referrals and information and referral regarding other services and programs
develop educational and job skills. The Hiring Center will process requests for temporary a.
permanent employees from Carlsbad employers.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety
June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to tl
project by the noted date, the Subrecipient shall request an extension from the City fi
continued use of the funds on the approved project. Based on progress made by tl
Subrecipient towards completing the subject project, the City will either agree to grant tl
extension or notify the Subrecipient that the funds must be reallocated to another eligib
project due to slow project progress.
1
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2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related tl
the provision of services for eligible residentslcitizens of Carlsbad for the period beginning Jul
1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be mad
in accordance to budget information to be submitted to the City and in accordance wit
performance. The reimbursements for costs shall not exceed a total of $4,850. The Cit
shall not provide any paymentsireimbursements in advance of actual expenditures by th Subrecipient I
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fc
program administration costs. Prior to receiving reimbursement, the City will verify that tk
Subrecipient has provided services in compliance with all applicable Federal, state, and lot<
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 funds ai
consistent with the project descriptionldefinition as approved by the City Council, Payrc
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 tl
City Council and continue until the expiration date, or amended expiration date, of th
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a dire
result of the use of federal CDBG hnds for the program outlined within this agreement. P
reported program income may be retained by the Subrecipient for costs related to the subje
program activities. However, the program income, retained by the Subrecipient, must 1
expended before additional.funds are requested from the City. The requirements are set for
in the federal 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 necessa
to provide the subject program as outlined in this agreement. Under this agreement, the Citj
only financial obligation to the Subrecipient is to provide the CDBG funds of $4,850 maximu
as allocated by the City Council for program year 1996-97.
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.
records shall include but not be limited to:
a.
b.
C.
Su
Records providing a full description of each activity undertaken;
Records demonstrating each activity undertaken meets on of the National Objectives
the CDBG program;
Records required to determine the eligibility of activities;
2
0 0
d. Records required to document the acquisition, improvement, use or disposition of re:
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunit
f. Documentation of all CDBG funds received from the City, eligible expenses incurre
for administration of each activity, and other financial records as required by 24 CF
Part 570.502, and OMB Circular A-1 10; and,
Any other related records as the City shall require to demonstrate compliance wir
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beg innin
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of eac
quarter. The final progress report is due no iater than July 15, 1997. The report must includ
sufficient information to assist the City in monitoring the Subrecipient's performance. Th
Subrecipient must demonstrate satisfactory performance prior to reimbursement fc
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 service
provided. Such data shall include at the minimum client name, address, ethnicity, income levc
or other basis for determining eligibility, and description of service provided. This data sha
assist the Subrecipient in completing the required quarterly progress reports to be submitted t
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG fund
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unitec
States, or any of their duly-authorized representatives shall have access to all books
documents, papers and records maintained by the Subrecipient which directly pertain to th
above project for the purpose 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 thi
agreement for a period of three (3) years after the termination of all activities funded under thi
Agreement. All records subject to an audit finding must be retained for three (3) years fror
the date the finding is made or until the finding has been cleared by appropriate officials an
the Subrecipient 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 tc
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipien
shall be required to submit, to the City, a comprehensive financial audit prepared by a
components of the CDBG program:
g.
Total number of persons/households participating in the program during reporte
period: Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad personsihouseholds participating in th
program during the reporting period;
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carlsbad participants; and
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independent, neutral third-party auditor. The audit shall cover financial operations of tk
Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due nc
later than one year after expiration of the agreement. The Subrecipient shall also be required 1
submit a second audit for the period covered under fiscal year beginning July 1, 1997 ar
ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Feder
Regulations, Part 570 (the Housing and Urban Development regulations concernii
Community Development Block Grants). The Subrecipient also agrees to adhere to the terr
of the City's CDBG Application and Subrecipient Agreement and with assurances ai.
agreements made, by the City, to the United States Department of Housing and Urba
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements :
described in Section 570.502 of the federal regulations for the CDBG Program; the feder
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 ar
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housir
requirements of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as describt
in Section 570.604; and
The Subrecipient will not assume the City's responsibility for initiating the revie
process required under the provisions of Executive Order 12372 described at 570.61
of the Code of Federal Regulations.
b.
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 t
religious organizations, if applicable to this agreement and the approved project outline
herein.
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 writt(
request must be submitted to the City for review by the Council. No change in use of tl
CDBG 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 tl
provision of services and the equal opportunity employment of personnel.
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9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, thi
of the award and/or the award is terminated for convenience. Section 24, Parts 85 43 an
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of thi
agreement.
agreement may be suspended or terminated if the Subrecipient fails to comply with any tem(3
18. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG fund on hand at the time of expiration and any accounts receivable attributable to the use of CDB(
funds. The Subrecipient shall be required to use any real property under the Subrecipient'
control that was acquired or improved in whole or in part with CDBG funds in excess c
$25,000 to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federr
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 tl-
current fair market value of the property less any portion of the value attributable 1
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 th
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltie
fines, or any damage to goods, properties, or effects of any person whatsoever, nor fc
personal injuries or death caused by, or claimed to have been caused by, or resulting from, ar
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agent
employees, or 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
and employees against any of the foregoing liabilities or claims of any kind and any cost/ar
expense that is incurred by the City on account of any of the foregoing liabilities, inciudi1
liabilities or claims by reason of alleged defects in any plans and specifications for the proje
or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without t
prior written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmle
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, a
assigns.
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14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othe
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
company authorized to do business in the State of California which meets the requirements (
City Council Resolution No. 91-403 in an insurable amount of not less than one million dollai
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Cil
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancel€
without thirty (30) days prior written notice to the City sent by certified mail.
The City shall be named as an additional insured on these policies. The Subrecipient sha
furnish certificates of insurance to the City before commencement of work.
combined policy of worker's compensation and employers liability insurance from an insuranc
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as (
the day and year first written above.
SER/JOBS FOR PROGRESINC., a non-profit organization,
,I 2,
/,flu- , / lJd/ I\ i /
ATTEST:
VI ALETHA L. RAUTENKRANZ, CITY CLER$
D AS TO FORM:
.GT. L
RONALD R. BALL, CITY ATTORNEY 9-//- 76 I
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AGREEMENT BETWEN
THE CITY OF CAFUSBAD AND BROTHER BENNO FOUNDATION, INC. FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 17th day of Septembf
1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to i
"City", and BROTHER BENNO FOUNDATION, INC., a non-profit organization, hereinaftc
referred to as "Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governmei
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fur
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 homele
personsifamilies which result in an improved situation through employment, permanent housing
treatment of mental, or substance abuse problems, etc.;
WHEREAS, the City has the need to provide assistance to non-profit public service provide]
who meet the basic needs related to food, shelter, clothing and, in some cases, health care of lowt
income persons;
WHEREAS, the City has the need to provide assistance to non-profit public service provide
who offer counseling and self-improvement programs/activities for lower income persons;
WHEREAS, the Subrecipient can provide one or more of these basic services for low ar
moderate income households with some assistance from the City; and,
WHEREAS, the City has.determined that the House of Martha and Mary is exempt fro
environmental review under 24 CFR Part 58, Section 58.34(a)(10);
NOW, THEREFORE, in consideration of these recitals and the mutual covenants containc
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1996-97 Community Development Block Grant (CDBG) fund
in the amount of two thousand four hundred and twenty five dollars ($2,425) to tl
Subrecipient for operation of the House of Martha and Mary located at 325 Carolyn Circle
Oceanside, California. The shelter shall provide emergency housing for homeless women a1
their children in North County, including Carlsbad, and some case management and suppc
services provided by the Brother Benno Foundation.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety 1
June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to t
project by the noted date, the Subrecipient shall request an extension from the City f
continued use of the funds on the approved project. Based on progress made by t
Subrecipient towards completing the subject project, the City will either agree to grant t
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extension or notify the Subrecipient that the funds must be reallocated to another eligibl
project due to slow project progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related t
the provision of services for eligible residents/citizens of Carlsbad for the period beginning Jul
1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be mad
in accordance to budget information to be submitted to the City and in accordance wit
performance. The reimbursements for costs shall not exceed a total of $2,425. The Cil
shall not provide any payments/reimbursements in advance of actual expenditures by tf
Subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fc
program administration costs. Prior to receiving reimbursement, the City will verify that tk
Subrecipient has provided services in compliance with all applicable Federal, state, and loc
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 funds a
consistent with the project descriptioddefinition as approved by the City Council. Payrc
records, receipts, paid invoices including an itemized statement of all costs are samples I
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by tl
City Council and continue until the expiration date, or amended expiration date, of th
agreement.
3, PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a dire
result of the use of federal CDBG funds for the program outlined within this agreement. P
reported program income may be retained by the Subrecipient for costs related to the subje
program activities.
expended before additional funds are requested from the City. The requirements are set fo1
in the federal regulations Sections 570.504 (c) which are incorporated herein by reference.
However, the program income, retained by the Subrecipient, must
4. LABOR, MATERIALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses necessa
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 $2,425 maximi
as allocated by the City Council for program year 1996-97.
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. Su
records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
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b. Records demonstrating each activity undertaken meets on of the National Objectives (
the CDBG program; Records required to determine the eligibility of activities;
Records required to document the acquisition, improvement, use or disposition of re
property acquired or improved with CDBG assistance;
Records documenting compliance with the fair housing and equal opportuni
components of the CDBG program;
Documentation of all CDBG funds received from the City, eligible expenses incurrl
for administration of each activity, and other financial records as required by 24 CF
Part 570.502, and OMB Circular A-110; and,
Any other related records as the City shall require to demonstrate compliance wi
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginni:
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of ea
quarter. The final progress report is due no later than July 15, 1997. The report must inclu
sufficient information to assist the City in monitoring the Subrecipient's performance. T
Subrecipient must demonstrate satisfactory performance prior to reimbursement f
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 servic
provided. Such data shall include at the minimum client name, address, ethnicity, income IeT
or other basis for determining eligibility, and description of service provided. This data sh
assist the Subrecipient in completing the required quarterly progress reports to be submitted
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG fur
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unii
States, or any of their duly-authorized representatives shall have access to all boo1
above project for the purpose of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial recorl
supporting documents and statistical reports related to the project identified under t
agreement for a period of three (3) years after the termination of all activities funded under t
Agreement. All records subject to an audit finding must be retained for three (3) years fri
the date the finding is made or until the finding has been cleared by appropriate officials i
the Subrecipient has been given official written notice.
c.
d.
e.
f.
g.
Total number of personsihouseholds participating in the program during report
period;
Total number of participants from Carlsbad;
Number of lowimoderate income Carlsbad persons/households participating in t
program during the reporting period;
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carlsbad participants; and
documents, papers and records maintained by the Subrecipient which directly pertain to I
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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 t
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipiei
shall be required to submit, to the City, a comprehensive financial audit prepared by a
independent, neutral third-party auditor. The audit shall cover financial operations of tk
Subrecipient for the period beginning July 1. 1996 and ending June 30, 1997 and is due nc
later than one year after expiration of the agreement. The Subrecipient shall also be required 1
submit a second audit for the period covered under fiscal year beginning July 1, 1997 ar
ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement.
6. PROGRAM REQUIREMENTS
The Subrecipient agrees to comply with the requirements . Title 24 of the Code of Feder,
Regulations, Part 570 (the Housing and Urban Development regulations concernin
Community Development Block Grants). The Subrecipient also agrees to adhere to the tern
of the City's CDBG Application and Subrecipient Agreement and with assurances ar
agreements made, by the City, to the United States Department of Housing and Urba
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements :
described in Section 570.502 of the federal regulations for the CDBG Program; the feden
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 an
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housin
requirements of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as describe
in Section 570.604; and
The Subrecipient will not assume the City's responsibility for initiating the revie?
process required under the provisions of Executive Order 12372 described at 570.61
of the Code of Federal Regulations.
b.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, a
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 outline
herein.
CHANGES IN USE OF F"DS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipiei
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 th
CDBG funds will be permitted by the City without prior formal approval by the Council.
7.
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8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in tk
provision of services and the equal opportunity employment of personnel.
SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, tk
agreement may be suspended or terminated if the Subrecipient fails to comply with any term(
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 ai
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of tf
9.
agreement.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG fun
on hand at the time of expiration and any accounts receivable attributable to the use of CDB
funds. The Subrecipient shall be required to use any real property under the Subrecipienr
control that was acquired or improved in whole or in part with CDBG funds in excess
$25,000 to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the fedei
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 t
current fair market value of the property less any portion of the value attributable
expenditures of non-CDBG funds for acquisition, or improvement to, the propen
Reimbursement is not required after the period of time specified in paragraph (a) of tl
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penalti1
fines, or any damage to goods, properties, or effects of any person whatsoever, nor
personal injuries or death caused by, or claimed to have been caused by, or resulting from, a
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's ager
employees, or representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its offic
and employees against any of the foregoing liabilities or claims of any kind and any costli
expense that is incurred by the City on account of any of the foregoing liabilities, includ
liabilities or claims by reason of alleged defects in any plans and specifications for the proj
or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without
prior written consent of the City.
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13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmles
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each c
assigns.
14. INSURANCE
the parties hereto, and each of rheir respective heirs, executors, administrators, successors, an
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othe
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
combined policy of worker's compensation and employers liability insurance from an insuranc
company authorized to do business in the State of California which meets the requirements c
City Council Resolution No. 91-403 in an insurable amount of not less than one million dollai
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Cit
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancele
without thirty (30) days prior written notice to the City sent by certified mail.
The City shall be named as an additional insured on these policies. The Subrecipient sha
furnish certificates of insurance to the City before commencement of work.
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0 a
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as (
the day and year first written above.
BROTHER BEMYO FOUNDATION, INC,, a non-profit organization,
"/ L ', J.&<.Q 4 &$L &&&$,
f the State of California
axUDE A: "BtfI)" LmS, MAYGR -
ATTEST:
-
ALETHA L. RAUTENKRANZ, CITY CLERK\
APPROVED AS TO FORM:
Go//- 96e
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AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
NORTH COUNTY HEALTH SERVICES FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 17th day of Septemb
1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to
"City", and NORTH COUNTY HEALTH SERVICES, a non-profit organization, hereinafter referrc
to as " Subrecipient".
RECITALS
WHEREAS, the City has the need to provide basic services related to food, shelter, health ar
clothing to low and moderate income households within Carlsbad;
WHEREAS, the City has determined that North County Health Services OceansideiCarlsb:
Community Clinic is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(10);
NOW, THEREFORE, in consideration of these recitals and the mutual covenants containc
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1996- 1997 Community Development Block Grant (CDB(
funds, in the amount of one thousand dollars ($1,000) to the Subrecipient to provide a walk
immunization clinic for low income Carlsbad children. The administrative offices of Nor
County Health Services is located at 408 Cassidy Street in Oceanside. The walk-
immunization clinics will be offered at Carlsbad locations
Every effort shall be made by the subrecipient to expend the allocated funds in their entirety t
June 30, 1997. If the Subr-ecipient will be unable to expend all of the funds allocated to tl
project by the noted date, the subrecipient shall request in writing, by June 30, 1997, 2
extension from the City for continued use of the funds on the approved project. Based (
progress made by the subrecipient towards completing the subject project, the City will eith
agree to grant the extension or notify the Subrecipient that the funds must be reallocated
another eligible project due to slow project progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for program administration co:
related to the provision of walk-in immunization clinics in Carlsbad for the period beginnil
July 1, 1996 and ending June 30, 1997. The reimbursements for costs shall not exceed
total of $1,000. The City shall not provide any paymentsireimbursements in advance of actu
expenditures by the subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fi
documentation to verify expenditure of funds are consistent with the proje
descriptioddefinition as approved by the City Council. Prior to receiving reimbursement, tl
City will verify that the Subrecipient has met all applicable regulations for the project.
program service and administration costs. Each request for reimbursement shall incluc
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Payroll records, receipts, paid invoices including an itemized statement of all costs are samplc
of appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by tl
City Council and continue until the expiration date, or amended expiration date, of th
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a dire
result of the use of federal CDBG funds for the program outlined within this agreement. P
reported program income may be retained by the Subrecipient for costs related to the subje
program activities. However. the program income, retained by the Subrecipient, must 1
expended before additional funds are requested from the City. The requirements are set for
in the federal 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 necessa
to provide the subject program as outlined in this agreement. Under this agreement, the Citj
only financial obligation to the Subrecipient is to provide CDBG funds in the amount of $l,Ol
maximum, as allocated by the City Council for program years and 1996-97
5. RECORDS AND REPORTS
The Subrecipient shall maintain the following records and reports to assist the City
maintaining its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following information:
a. Documentation of the income level and/or age of persons and/or househol
b.
C.
d.
e.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginn
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of e:
quarter. The final progress report is due no later than July 15, 1997. The report must inch
sufficient information to assist the City in monitoring the subrecipient's performance. 'I
subrecipient must demonstrate satisfactory performance prior to reimbursement
expenditures.
At a minimum, the performance reports shall include the following information:
a.
participating in or benefiting from the Subrecipient's program;
Documentation of the number of persons and/or households participating in the
benefiting from the Subrecipient's program;
Documentation of all CDBG funds received from the City;
Documentation of expenses as identified in the Budget; and
Any such other related records as the City shall require.
Total number of personsihouseholds participating in the program during repor
period;
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b. Number of Carlsbad low/moderate income persons/households participating in th
program during the reporting period:
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carlsbad participants; and
Total number of participants from Carlsbad.
c.
d.
e.
The Subrecipient shall maintain separate accounting records for the federal CDBG func
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unite
States, or any of their duly-authorized representatives shall have access to all book
documents, papers and records maintained by the Subrecipient which directly pertain to ti
above project for the purpose 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 th
agreement for a period of three (3) years after the termination of all activities funded under th
Agreement. All records subject to an audit finding must be retained for three (3) years fro
the date the finding is made or until the finding has been cleared by appropriate officials ar
the Subrecipient 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
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipie
shall be required to submit, to the City, a comprehensive financial audit prepared by :
independent, neutral third-party auditor. The audit shall cover financial operations of tl
Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due n
later than one year after expiration of the agreement. The Subrecipient shall also be required
submit a second audit for the period covered under fiscal year beginning July 1, 1997ai
ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient shall adhere to the terms of the City's CDBG Application and Subrecipie
Agreement and with assurances and agreements made, by the City, to the United Stat
Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements
described in Section 570.502 of the federal regulations for the CDBG Program; the fedei
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 a
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housi
requirements 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
The Subrecipient will not assume the City's responsibility for initiating the revi
process required under the provisions of Executive Order 12372 described at 570.6
of the Code of Federal Regulations.
b.
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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 t
religious organizations, if applicable to this agreement and the approved project outlinc
herein.
CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipiei
request must be submitted to the City for review by the Council. No change in use of t1 CDBG funds will be permitted by the City without prior formal approval by the Council.
7.
desires a change in the use of the CDBG funds following approval of this agreement, a writtt
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in tl
provision of services and the equal opportunity employment of personnel.
SUSPENSION AM) TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, th
agreement may be suspended or terminated if the subrecipient fails to comply with any term(;
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 ar
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of th
agreement.
9.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG fun(
on hand at the time of expiration and any accounts receivable attributable to the use of CDB
funds. Any real property under the subrecipient's control that was acquired or improved
whole or in part with CDBG funds in excess of $25,000 shall either be:
a> Used to meet one of the national objectives in 24 CFR Section 570.208 of the feder;
regulations until five (5) years after termination or expiration of the agreement; or,
Disposed of in a manner that results in the City being reimbursed in the amount of tf
current fair market value of the property less any portion of the value attributable 1
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 th
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltie!
fines, or any damage to goods, properties, or effects of any person whatsoever, nor fc
personal injuries or death caused by, or claimed to have been caused by, or resulting from, an
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agentl
4
0 0
employees, or 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
and employees against any of the foregoing liabilities or claims of any kind and any cost/anc
expense that is incurred by the City on account of any of the foregoing liabilities, includin;
liabilities or claims by reason of alleged defects in any plans and specifications for the projec
or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without th
prior written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 1 1, “Hold Harmle:
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.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othc
combined policy of worker’s compensation and employers liability insurance from an insuranc
company authorized to do business in the State of California which meets the requirements (
City Council Resolution No. 91-403 in an insurable amount of not less than one million dolla
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Ci
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancelc
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 shi
furnish certificates of insurance to the City before commencement of work.
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
5
Q 0
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as (
the day and year first written above,
NORTH COUNTY HEALTH SERVICES, a non-profit organization,
A /1' 4 ' ui! $;"..- 1
I
/
t
e State of California
ATTEST:
. ALETHA L. RAUTENKRANZ, CITY CLERK \
D AS TO FORM:
-
v RON BALL, CITY ATTORNEY
F-// -76,
6
e 0
AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND YMCA OZ NORTH COAST FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT F"DS
THIS AGREEMENT, made and entered into as of this 17 th day of Septemb
1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to
"City", and YMCA 02 NORTH COAST, a non-profit organization, hereinafter referred to
"Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governme
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fur
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 homele
persons/families which result in an improved situation through employment, permanent housig
treatment of mental, or substance abuse problems, etc.;
WHEREAS, the City has the need to provide assistance to non-profit public service provide
who meet the basic needs related to food, shelter, clothing and, in some cases, health care of low
income persons;
WHEREAS, the City has the need to provide assistance to non-profit public service provide
who offer counseling and self-improvement programs/activities for lower income persons;
WHEREAS, the Subrecipient can provide one or more of these basic services for low ar
moderate income households with some assistance from the City; and,
WHEREAS, the City has determined that YMCA Oz North Coast is exempt fro
environmental review under 24 CFR Part 58, Section 58.34(a)( 10);
NOW, THEREFORE, in consideration of these recitals and the mutual covenants containt
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1996-97 Community Development Block Grant (CDBG) fund
in the amount of seven thousand eight hundred and ten dollars ($7,810) to the Subrecipient f
operation of the YMCA Oz North Coast's Runaway Youth Shelter Project located at 2
Barnes Street in Oceanside, California. YMCA Oz North Coast will provide the followii
services to Carlsbad youths between the ages of 12-17 and their families:
a. Temporary shelter, food, clothing, and transportation;
b. Individual, family, and group therapy sessions;
c. Aftercare services;
d. Education presentations; and,
e. Outreach services.
1
a e
June 30, 1997. 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 fc
continued use of the funds on the approved project. Based on progress made by tl-
Subrecipient towards completing the subject project, the City will either agree to grant tk
extension or notify the Subrecipient that the funds must be reallocated to another eligib
project due to slow project progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related
the provision of services for eligible residentdcitizens of Carlsbad for the period beginning Ju
1, 1996 and ending June 30, 1997. Payment for eligible program implementation an
administrative expenses shall be made in accordance to budget information to be submitted i
the City and in accordance with performance. The reimbursements for costs shall not excee
a total of $7,810. The City shall not provide any paymentslreimbursements in advance (
actual expenditures by the Subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fc
program administration costs. Prior to receiving reimbursement, the City will verify that tk
Subrecipient has provided services in compliance with all applicable Federal, state, and loc
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 funds ai
consistent with the project descriptioddefinition as approved by the City Council. Payrc
records, receipts, paid invoices including an itemized statement of all costs are samples I
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by th
City Council and continue until the expiration date, or amended expiration date, of th
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a dire1
result of the use of federal CDBG funds for the program outlined within this agreement. A
reported program income may be retained by the Subrecipient for costs related to the subje
program activities. However, the program income, retained by the Subrecipient, must t
expended before additional funds are requested from the City. The requirements are set for
in the federal 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 $7,810 maximui
as allocated by the City Council for program year 1996-97.
5. RECORDS AND REPORTS
The Subrecipient shall maintain all records required by the Federal regulations specified in :
2
b 0
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:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating each activity undertaken meets on of the National Objectives (
the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of re
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunii
components of the CDBG program;
f. Documentation of all CDBG funds received from the City, eligible expenses incurre
for administration of each activity, and other financial records as required by 24 CF
Part 570.502, and OMB Circular A-1 10; and,
Any other related records as the City shall require to demonstrate compliance wii
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beg innin
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of eac
quarter. The final progress report is due no later than July 15, 1997. The report must includ
sufficient information to assist the City in monitoring the Subrecipient's performance. Tk
Subrecipient must demonstrate satisfactory performance prior to reimbursement fc
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 servicl
provided. Such data shall include at the minimum client name, address, ethnicity, income lev
or other basis for determining eligibility, and description of service provided. This data sh;
assist the Subrecipient in completing the required quarterly progress reports to be submitted 1
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG fun(
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unitt
States, or any of their duly-authorized representatives shall have access to all book
documents, papers and records maintained by the Subrecipient which directly pertain to tl
above project for the purpose 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 th
agreement for a period of three (3) years after the termination of all activities funded under th
Agreement. All records subject to an audit finding must be retained for three (3) years fro
g.
Total number of persons/households participating in the program during report€
period;
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad persons/households participating in tl
program during the reporting period;
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carlsbad participants; and
3
0 a
thG dae the findig8 is made or until she finding has bm cleared by appropriate Officia\s an
the Subrecipient 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 i
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipie~
shall be required to submit, to the City, a comprehensive financial audit prepared by a
independent, neutral third-party auditor. The audit shall cover financial operations of ti
Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due nl
later than one year after expiration of the agreement. The Subrecipient shall also be required
submit a second audit for the period covered under fiscal year beginning July 1, 1997 ar ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement.
6. PROGRAM REQUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Feder
Regulations, Part 570 (the Housing and Urban Development regulations concerniIl
Community Development Block Grants). The Subrecipient also agrees to adhere to the tern
of the City's CDBG Application and Subrecipient Agreement and with assurances an
agreements made, by the City, to the United States Department of Housing and Urba
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements :
described in Section 570.502 of the federal regulations for the CDBG Program; the feder,
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 ar
requirements of the CDBG Program Regulations, except that:
a.
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housir
The Subrecipient will not assume the City's environmental responsibilities as describt
in Section 570.604; and
The Subrecipient will not assume the City's responsibility for initiating the revie
process required under the provisions of Executive Order 12372 described at 570.6.
of the Code of Federal Regulations.
b.
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 t
religious organizations, if applicable to this agreement and the approved project outlint
herein.
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 saibmitted to the City for review by the Council. No change in use of t
CDBG funds will be permitted by the City without prior formal approval by the Council.
4
7.
0 0
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.
SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, th
agreement may be suspended or terminated if the Subrecipient fails to comply with any term(:
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 ar
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of th
agreement.
9.
10, REWRSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG fun(
on hand at the time of expiration and any accounts receivable attributable to the use of CDB
funds. The Subrecipient shall be required to use any real property under the Subrecipient
control that was acquired or improved in whole or in part with CDBG funds in excess
$25,000 to either be:
a> Used to meet one of the national objectives in 24 CFR Section 570.208 of the feder
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 tl
current fair market value of the property less any portion of the value attributable
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 tf
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltic
fines, or any damage to goods, properties, or effects of any person whatsoever, nor f
personal injuries or death caused by, or claimed to have been caused by, or resulting from, a
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agen
employees, or representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its offict
and employees against any of the foregoing liabilities or claims of any kind and any cost/a
liabilities or claims by reason of alleged defects in any plans and specifications €or the projc
or facility.
expense that is incurred by the City on account of any of the foregoing liabilities, includi
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without 1
prior written consent of the City.
5
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13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Hade
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, ar
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or 0th
combined policy of worker's compensation and employers liability insurance from an insuran
company authorized to do business in the State of California which meets the requirements
City Council Resolution No. 91-403 in an insurable amount of not less than one million dolla
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Ci
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancel
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 sh
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
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
the day and year first written above.
YMCA 02 NORTH COAST, a non-profit organization,
,)'
/i&J -7,&&,6 ;;; \ c-
3 y/*, ,"? / L i/- ,_131.- 9 ' /L'-tr'u 7 , i. ,?:%.. ~ :&A- Y
of the State of California
ATTEST:
lJ2kzhLBQ-
ALETHA L. RAUTENKRANZ, CITY CLER~
RONXD R. BALL, CITY ATTORNEY 4-rb -96 ,
6
t * 0 0
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
EYE COUNSELING AND CRISIS SERVICES FOR
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 17 th day of SEPTEMBER
1996, by and between the CITY OF CARLSBAD, a municipal corporatior hereinafter referred to as "City", and EYE COUNSELING AND CRISIS SERVICES, a non-prof
organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governmer
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fun'
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 homeles
persons/families which result in an improved situation through employment, permanent housing
treatment of mental, or substance abuse problems, etc.;
WHEREAS, the City has the need to provide assistance to non-profit public service provider
who meet the basic needs related to food, shelter, clothing and, in some cases, health care of lowe
income persons;
WHEREAS, the City has the need to provide assistance to non-profit public service provider
who offer counseling and self-improvement programs/activities for lower income persons;
WHEREAS, the Subrecipient can provide one or more of these basic services for low ani
moderate income households with some assistance from the City; and,
WHEREAS, the City has determined that the Family Recovery Center operated by EYI
Counseling and Crisis Services is exempt from environmental review under 24 CFR Part 58, Sectio
58.34(a)( 10);
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 1996-97 Community Development Block Grant (CDBG) funds
in the amount of thirteen thousand eight hundred and twenty four dollars ($13,824) to thi
Subrecipient for repair and renovations to the Family Recovery Center located at 1100 Fiftl
Street in Oceanside, California. CDBG funds shall be used for the repair and renovations ti
the plumbing and bathroom facilities of the Family Recovery Center.
The Family Recovery Center shall provide comprehensive and structured residential an(
outpatient substance abuse treatment and learning center for pregnant and parenting women an(
their children. Services will include, but not be limited to, the following:
a. Drug and alcohol counseling;
1
1 # 0
b. Education and prevention curriculum;
C. Prenatal care;
d. Detoxification services;
e. Health and nutrition education;
f. Therapeutic nursery;
g. Child development center;
h. Outpatient services; and,
1. Psychotherapy.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety b
June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to tl-
project by the noted date, the Subrecipient shall request an extension from the City fc
continued use of the funds on the approved project. Based on progress made by tk
Subrecipient towards completing the subject project, the City will either agree to grant tk
extension or notify the Subrecipient that the funds must be reallocated to another eligib
project due to slow project progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related t
the provision of services for eligible residentsicitizens of Carlsbad for the period beginning Jul
1, 1996 and ending June 30, 1997. Payment for eligible repair, renovations and materi;
expenses shall be made in accordance to budget information to be submitted to the City and i
accordance with performance. The reimbursements for costs shall not exceed a total c
$13,824. The City shall not provide any paymentslreimbursements in advance of actui
expenditures by the Subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fo
approved project costs. Prior to receiving reimbursement, the City will verify that th
Subrecipient has provided services and activities in compliance with all applicable Federal
state, and local rules and regulations governing these funds, and in a manner satisfactory to th
City.
Each request for reimbursement shall include documentation to verify expenditure of funds ar
consistent with the project descriptioddefinition as approved by the City Council. Payro
records, receipts, paid invoices including an itemized statement of all costs are samples c
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by thl
City Council and continue until the expiration date, or amended expiration date, of thi
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direc
result of the use of federal CDBG funds for the program outlined within this agreement. A
reported program income may be retained by the Subrecipient for costs related to the subjec
program activities. However, the program income, retained by the Subrecipient, must bc
expended before additional funds are requested from the City. The requirements are set fort1
in the federal regulations Sections 570.504 (c) which are incorporated herein by reference.
2
* r 0 0
4. LABOR, MATERIALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses necessa1
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 $13,82
maximum as allocated by the City Council for program year 1996-97.
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:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating each activity undertaken meets on of the National Objectives (
the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of rea
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunit
components of the CDBG program;
f. Documentation of all CDBG funds received from the City, eligible expenses incurre<
for administration of each activity, and other financial records as required by 24 CFI
Part 570.502, and OMB Circular A-1 10; and,
Any other related records as the City shall require to demonstrate compliance wit
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginnin!
quarter. The final progress report is due no later than July 15, 1997. The report must indud
sufficient information to assist the City in monitoring the Subrecipient's performance. Thl
Subrecipient must demonstrate satisfactory performance prior to reimbursement fo
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 service
or other basis for determining eligibility, and description of service provided. This data shal
assist the Subrecipient in completing the required quarterly progress reports to be submitted t(
the City.
g.
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of eacl
Total number of personsihouseholds participating in the program during reportec
period;
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad persons/households participating in thc
program during the reporting period;
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carlsbad participants; and
provided. Such data shall include at the minimum client name, address, ethnicity, income leve
3
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The Subrecipient shall maintain separate accounting records for the federal CDBG func
provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unite
States, or any of their duly-authorized representatives shall have access to all book:
documents, papers and records maintained by the Subrecipient which directly pertain to th
above project for the purpose 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 th.
agreement for a period of three (3) years after the termination of all activities funded under thi
Agreement. All records subject to an audit finding must be retained for three (3) years fror
the date the finding is made or until the finding has been cleared by appropriate officials an
the Subrecipient 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 t
submit a Single Audit Report. As required by the Federal Single Audit Act, the SubrecipieI
shall be required to submit, to the City, a comprehensive financial audit prepared by a
independent, neutral third-party auditor. The audit shall cover financial operations of th
Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due nc
later than one year after expiration of the agreement. The Subrecipient shall also be required 1
submit a second audit for the period covered under fiscal year beginning July 1, 1997 an1
ending June 30, 1998 for any fimds received in fiscal year 1997-98 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Feder:
Regulations, Part 570 (the Housing and Urban Development regulations concernin
Community Development Block Grants). The Subrecipient also agrees to adhere to the tern
of the City's CDBG Application and Subrecipient Agreement and with assurances an
agreements made, by the City, to the United States Department of Housing and Urba
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements a
described in Section 570.502 of the federal regulations for the CDBG Program; the federa
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 an1
regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housin
requirements of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as describe
in Section 570.604; and
The Subrecipient will not assume the City's responsibility for initiating the revie!
process required under the provisions of Executive Order 12372 described at 570.61
of the Code of Federal Regulations.
b.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, a
a condition of this agreement.
4
* v. e 0
The Subrecipient shall comply with all federal regulations related to the use of CDBG funds t
religious organizations, if applicable to this agreement and the approved project outline
herein.
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 writtt
request must be submitted to the City for review by the Council. No change in use of tl
7.
CDBG funds will be permitted by [he City without prior formal approval by the Council.
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in tk
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, th
agreement may be suspended or terminated if the Subrecipient fails to comply with any term(
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 a1
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of tk
agreement.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG fun(
on hand at the time of expiration and any accounts receivable attributable to the use of CDB
funds. The Subrecipient shall be required to use any real property under the Subrecipient
control that was acquired or improved in whole or in part with CDBG funds in excess (
$25,000 to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the feder
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 tl
current fair market value of the property less any portion of the value attributable
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 tf
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltie
fines, or any damage to goods, properties, or effects of any person whatsoever, nor fc
personal injuries or death caused by, or claimed to have been caused by, or resulting from, ar
intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agent
employees, or representatives in completion of the project outlined in this agreement.
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1. P a e
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officer
and employees against any of the foregoing liabilities or claims of any kind and any cost/anc
expense that is incurred by the City on account of any of the foregoing liabilities, includin;
liabilities or claims by reason of alleged defects in any plans and specifications for the projec
or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without th
prior written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmle:
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.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othe
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
combined policy of worker's compensation and employers liability insurance from an insuranc
company authorized to do business in the State of California which meets the requirements c
City Council Resolution No. 91-403 in an insurable amount of not less than one million dollaI
($1,000,000) each, unless a lower amount is approved by the City Attorney or the Cit
Manager.
This insurance shall be in force during the term of this agreement and shall not be cancele
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.
furnish certificates of insurance to the City before commencement of work.
The Subrecipient sha
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IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as
the day and year first written above.
EYE COUNSELING AND CRISIS SERVICES, a non-profit organization
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e State of California
ATTEST:
ALETHA L. RAUTENKRANZ, CITY CLERK 1
APPROVED AS TO FORM:
RONALD R. BALL, CITY ATTORNEY
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