The URL can be used to link to this page

Home My WebLink About1997-08-26; City Council; 14308; APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS1 1 f 3 I APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT RECOMMENDED ACTION: Adopt Resolution No. 97 -S7 & Development Block Grant Funds. ITEM EXPLANATION: On April 1, 1997, the City Council selected the organizations to receive federal Community De Block Grant (CDBG) Entitlement funding for the 1997-98 program year. Prior to disbursing CDE for the subrecipients, the City must complete the appropriate environmental reviews and execut agreement for the various approved project(s). Subrecipient agreements with six subrecipients have been prepared and are attached as Exhibi Council review and approval at this time. The following subrecipients will receive CDBG activities to benefit low and moderate-income Carlsbad residents: to approve 1997-98 Subrecipient Agreements for federal C Meals on Wheels, Greater SD Meals on Wheels $ 3,001 EYE Counseling & Crisis Services Carlsbad Neighborhood Connection $ 4,201 YMCA Oz North Coast Runaway Youth Shelter Project $ 4,501 Community Resource Center Homeless Prevention Program $1 1,001 Fraternity House Residential Care for AIDS Patients $ 5,001 North County Council on Aging $ 2,oo As required by federal regulations, staff has completed the required environmental review doc1 for the above CDBG funded projects. Staff has determined that the grants for these projects i from environmental review under 24 CFR Section 58.34 (a)(4). The environmen documentations for these projects are on file in the Housing and Redevelopment Department. FISCAL IMPACT: In Home Support for Seniors 1. Resolution No. 9 9- 53s approving the 1997-98 Subrecipient Agreements for fed1 I i + 1 .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 CITY COCNCIL RESOLUTION NO. 97-572 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SUBRECIPIENT AGREEMENTS FOR THE CITY GRANT PROGRAM WHEREAS, on April 1, 1997, the City Council of the City of Carlsbad, California seleci programs to receive funding under the City's 1997-98 Community Development Block Grant (C Program; OF CARLSBAD'S 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK WHEREAS, the City Council of the City of Carlsbad, California has considered the re subrecipient agreements for 1997-98 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)(4); and, WHEREAS, the City Counc:il has taken all testimony into account; NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby approves the 1997-98 Community Development Bloc1 Subrecipient Agreement!;, on file in the City Clerk's office, for the following organi: Meals on Wheels, Greater San DiegoiMeals on Wheels, EYE Counseling & ServicesICarlsbad Neighborhood Connection, YMCA Oz North CoastIRunaway Shelter, Community Resource CenteriHomeless Prevention Program, Fr HouselResidential Care Facility for AIDS Patients, and North County Council on A Home Support for Seniors. 3. That the Mayor is authorized to sign the Community Development Block Subrecipient agreements on behalf of the City of Carlsbad. Ill /I/ ill //I /I/ ill ill ill 1 t % 1 2 4 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e PASSED, APPROVED AND ADOPTED by the City Council of the City of Ca California, on the 26th day of August , 1997, Sy the followin! to wit: AYES: Council Members Lewis, Finnila, Nygaard, and Hall NOES: None ABSTAIN: None ABSENT: Council Member Kulchin ATTEST: OAh R- ALETHA L. RAUTENKRANZ, City Clerk CC RES0 NO. 97-572 2 t 0 e -\ .r . ) AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MEALS ON WIDIELS, GREATER SAN DIEGO FOR 1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this $9 +”\ day of &utd 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinaft4 referred to as “City”, and MEALS ON WHEELS, GREATER SAN DIEGO, a non-profit organization, hereinafter referred to as “Subrecipient“. RECITALS WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer food, shelter, clothing and, in some cases, health care programs/activities to meet the basic needs of lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the meals program for homebound seniors or disabled persons offered by Meals on Wheels, Greater San Diego is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City’s Annual Consolidated Funding Strategy and Plan for Community Development Block Grant funds (hereinafter referred to as the “Annual Consolidated Plan”). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 1996-97 federal Community Development Block Grant (CDBG) funds, in the amount of three thousand dollars ($3,000) to the Subrecipient for administration and implementation of a meal delivery program through their administrative offices located at 2254 San Diego Avenue, Suite 200, San Diego, California for the period beginning July 1, 1997 and ending June 30, 1998. The Subrecipient agrees to use all federal funds provided by the City tc the Subrecipient pursuant to the provisions of this Agreement, the Scope of Work, attachec hereto as Exhibit “A”, and in accordance with the terms of the Annual Consolidated Plan. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety bq June 30, 1998. If the Subrecipient will be unable to expend all of the funds allocated to thc project by the noted date, the Subrecipient shall request an extension from the City foi continued use of the funds on the approved project based on progress made by the Subrecipien towards completing the subject project, the City will either agree to grant the extension 01 notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. 1 1 \ e 0 .T -? 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $3,000. However, no more than 90 percent of the total agreed upon compensation will be paid during the performance of this Agreement. The balance due (remaining 10 percent) shall be paid upon final certification by the City that Subrecipient has administered the services and activities in compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information provided in Exhibit "B" and in accordance with performance. Subrecipient represents that the budget includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds pursuant to 24 CFR Part 502. Subrecipient shall subrhit a "Request for Reimbursement" to the City for compensation of eligible and actual expenses incurred. The City shall not provide any payments/reimbursements in advance of actual expenditures by the Subrecipient. Subrecipient may request reimbursements anytime after this agreement is approved by the City Council and continue until the expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds are all applicable Federal, state, and local rules and regulations governing these funds. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples of appropriate methods of reimbursement documentation. consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct result of the use of federal CDBG funds for the program outlined within this agreement. A11 reported program income may be retained by the Subrecipient for costs related to the subject program activities. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. The requirements are set forth in the fedeial regulations Section 570.504 which are incorporated herein by reference. 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary only financial obligation to the Subrecipient is to provide the CDBG funds of $3,000 maximum as allocated by the City Council for program year 1996-97. to provide the subject program as outlined in this agreement. Under this agreement, the City's 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 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 of thc 2 v 0 0 %‘t > .1 I CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; e. .Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; g. Documentation of all CDBG funds received from the City, eligible expenses incurred fo1 administration of each activity, and other financial records as required by 24 CFR Pari 570.502, and OMB Circular A-1 10; and, h. Any other related records as the City shall require to demonstrate compliance witk applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly “Progress Reports” within fifteen (15) calendar days oi the end of each quarter for the full term of this Agreement. The final progress report is due nc later than July 15, 1998. The report must include sufficient information to assist the City in monitoring the Subrecipient’s performance. The Subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. c. d. e. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, ethnicity, income level or other basis for determining eligibility, and description of service provided. This data shall assist the Subrecipient in completing the required quarterly progress reports to be submitted tc the City. ’ Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. .. .. 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 United 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 the 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 four (4) years after the termination of all activities funded under thk Agreement. All records subject to litigation, claims, audit findings, negotiations, or othei actions must be retained for four (4) years from the date such action commenced or unti completion of the action and resolution of all issues by the appropriate officials and tht Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal yea1 from the City of Carlsbad and/or any other city or agency, the Subrecipient is required tc 3 -I 0 0 \* , .* 1 submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall be required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the term of this Agreement and is due not later than one year after expiration of the agreement. The Subrecipient shall also be required to submit a second audit for the following period covered under fiscal year beginning July 1, 1998 and ending June 30, 1999 for any funds received in fiscal year 1998-99 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements a> described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws anc regulations as described in Subpart K of the CDBG Program Regulations, such as affirmativelj furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation anc acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as describec in Section 570.604; and The Subrecipient will not assume the City's responsibility for initiating the reviev process required under the provisions of 24 Code of Federal Regulations Part 52. b. The provisions of Subpart M, of the CDBG Program Regulations, are set forth, by reference, a! a condition of this agreement. The Sslbredipient 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 and the U.$ Department of HUD. If the Subrecipient desires a change in the use of the CDBG fund following approval of this agreement, a written request must be submitted to the City fc review by the Council. No change in use of the CDBG funds will be permitted by the Cit without prior formal approval by the Council. 7. a. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in th provision of services and the equal opportunity employment of personnel. 4 % 0 0 ., ,I 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, this agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) on hand at the time of expiration and any accounts receivable attributable to the use of CDBG Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. b) mi. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be.liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any 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 officers and employees against any of the foregoing liabilities or claims of any kind and any cost/and expense that is incurred by the City on account of any of the foregoing liabilities, includinl 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 thi prior written consent of the City. 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. 5 'I 0 0 -4 t <r $ 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or other funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91403 in an insurable amount of not less than one million dollars Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be ekecuted as o ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City the day and year first written above. MEALS ON WHEELS, GREATER SAN DIEGO, a non-profit organization, f the State of California ATTEST: LLtztL @< Q&&L ALETHA L. RAmENKRANZ, City Clerk APPROVED AS TO FORM: < NALD R. BALL, City Attorney 6 a e r ‘I %. 8r EXIHIBT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1997 to June30, 1998 Subrecipient Name: Address: MEALS ON WHEELS, GREATER SAN DIEGO 2254 San Diego Avenue Suite 200 SanDiego CA Delivery of two meals per day, five days a week to homebound seniors anc disabled persons within the city limits of Carlsbad Project Goals & Objectives: (Please Attach Additional Sheets As Neceisary.) 1. CDBG funds will be used to fund the following activities in compliance with the project descriptio] outlined and in conformance with the Federal regulations for the CDBG program: (Please specify CDBG funds will be used to fund costs associated with stafing, rents, utilities, supplies, etc.) Purchase of 750 meals for homebound seniors. Project Description: 2. Project objectives to be accomplished during the contract period: (Please describe the specific services c activities to be provided to low/moderate income Carlsbad residents with the CDBG funds awarded. If applicable, pleas provide a target objective for the number of persons/households to benefit ffom the Subrecipient’s services/project.) Purchase and deliver 750 meals to homebound seniors in Carlsbad. .- 7 3. Project objectives performance measures: a. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopmer Department on the CDBG Quarterly Performance Report form as provided. b. Maintain records, invoices, and relevant statistics supporting the quarterly reports. c. Provide a final performance report, including an evaluation report of the program’s success i meeting established goals, to the City of Carlsbad Housing and Redevelopment Departmer within 15 days of termination of the contract date on the CDBG Annual Performance Repoi form as provided. d. Provide notification to the City of any audits or investigations including results, findings and/or liens. 7 CATEGORY Cash Receipts DESCRIPTION AMOUNT 1 "1 0 0 I r* 8 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND EYE COUNSELING AND CRISIS SERVICES FOR 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT F"DS THIS AGREEMENT, made and entered into as of this x9f'day of u 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinadr referred to a "City", and the EYE COUNSELING AND CRISIS SERVICES, a non-profit organization hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Governmen under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 a: amended to fund eligible activities which benefit persons of low and moderate income; and, 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 residents; and, WHEREAS, the Subrecipient can provide these services for low and moderate incomt households with some assistance from the City; and, WHEREAS, the City has determined that the Carlsbad Neighborhood Connection, a child abuse prevention program, offered by the EYE is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City's Annual Consolidated Funding Strategy and Plan for Community Development Block Grant funds (hereinafter referred to as the "Annual Consolidated Plan"). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 1997-98 federal Community Development Block Grant (CDBG) funds, in the -amount of four thousand two hundred dollars ($4,200) to the Subrecipient for the Carlsbad Neighborhood Connection, a child abuse prevention program, administered through their offices located at 200 N. Ash Street, Escondido, California for the period beginning July 1, 1997 and ending June 30, 1998. The Subrecipient agrees to use a11 federal funds provided by the City to the Subrecipient pursuant to the provisions of this Agreement, the Scope of Work, attached hereto as Exhibit "A", and in accordance with the terms of the Annual Consolidated Plan. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by June 30, 1998. If the Subrecipient will be unable to expend all of the funds allocated to the project by the noted date, the Subrecipient shall request an extension from the City for continued use of the funds on the approved project based on progress made by the Subrecipient towards completing the subject project, the City will either agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. 1 $ 0 0 * a> 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this AgEeement. The reimbursements for costs shall not exceed a total of $4,200. However, nc more than 90 percent of the total agreed upon compensation will be paid during the performance of this Agreement. The balance due (remaining 10 percent) shall be paid upor final certification by the City that Subrecipient has administered the services and activities ir compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information provided ir Exhibit “El” and in accordance with performance. Subrecipient represents that the budge includes only allowable costs and an accurate analysis of costs applicable to the CDBG fund: pursuant to 24 CFR Part 502. Subrecipient shall submit a “Request for Reimbursement” to the City for compensation 0’ eligible and actual expenses incurred. The City shall not provide any payments/reimbursement! in advance of actual expenditures by the Subrecipient. Subrecipient may reques reimbursements anytime after this agreement is approved by the City Council and continut until the expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds art consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and wit€ all applicable Federal, state, and local rules and regulations governing these funds. Payrol records, receipts, paid invoices including an itemized statement of all costs are samples o appropriate methods of reimbursement documentation. 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. A1 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 fort) in the €edeial regulations Section 570.504 which are incorporated herein by reference. I 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 $4,200 maximun as allocated by the City Council for program year 1997-98. 5, RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 21 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 of th 2 ~t 0 0 <a CDBG program; e. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of rea property acquired or improved with CDBG assistance; e. I Records demonstrating compliance with the requirements in Section 570.606 regardin; acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity component of the CDBG program; Documentation of all CDBG funds received from the City, eligible expenses incurred foi administration of each activity, and other financial records as required by 24 CFR Par 570.502, and OMB Circular A-1 10; and, h. Any other related records as the City shall require to demonstrate compliance wit1 applicable Federal, state, and local rules and regulations governing these funds. g. The Subrecipient shall submit quarterly "Progress Reports" within fifteen (1 5) calendar days o the end of each quarter for the full term of this Agreement. The final progress report is due nc later than July 15, 1998. The report must include sufficient information to assist the City ir monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactor; performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. e. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, ethnicity, income level or other basis for determining eligibility, and description of service provided. This data shall assist the Subrecipient in completing the required quarterly progress reports to be submitted to the City. The Subrecipient shall maintain separate accounting records for the federal CDBG funds provided by the City. The City, Federal Grantor Agency, Comptroller General of the United 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 the 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 this agreement for a period of four (4) years after the termination of all activities funded under this Agreement. All records subject to litigation, claims, audit findings, negotiations, or other actions must be retained for four (4) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal year Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. .- - 3 0 0 <> from the City of Carlsbad and/or any other city or agency, the Subrecipient is required tc independent, neutral third-party auditor. The audit shall cover financial operations of tht 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 a1 Subrecipient for the term of this Agreement and is due not later than one year after expiratio1 of the agreement. The Subrecipient shall also be required to submit a second audit for thc following period covered under fiscal year beginning July 1, 1998 and ending June 30, 199: for any funds received in fiscal year 1998-99 per this Agreement. 6. PROGRAM REOUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urbar Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as 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 anc regulations as described in Subpart K of the CDBG Program Regulations, such as affirmativelj furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation anc acquisition, and employment and contracting opportunities, except that: a. described in Section 570.502 of the federal regulations for the CDBG Program: the federal The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written 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. b. - 7. 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the 4 .l 0 0 , t 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, 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. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG fund5 on hand at the time of expiration and any accounts receivable attributable to the use of CDBC 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 01 $25,000 to either be: ' a) 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 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. b) 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any 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 officers and employees against any of the foregoing liabilities or claims of any kind and any cost/and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications for the project or facility. intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall inbre to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and 5 .I 0 0 I > assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or other funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as ol ' the day and year first written above. IS SERVICES, a non-profit organization, State of California ATTEST: LlQQxL R. Q- ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: - 6 f 0 0 FXlXUB? QA" Crm OF CAIUSBAD COMMUNITYDEVBLOPMENTBLOCKGRANTPROCSRAM - centrad Term: Juiy 1, 1997 to Jum30,1998 Subrec- Namc: hddrcss: 200N.AshStreet EYE caunselixtg aDd Crisis SeMcca Escondido CA Provide a child abuse neglect prevention program, arhich includes parenting - @ wrpport groups- Pro~Descr$tion: prefect Goals & Objectivts: (pdease AttcMlc Addthai slicstrc(J Niwssary..) I. CDBG funds wfll be used to fund the following activities incontpliaace with the project desaiptiOn Wlii and in conforx?auce with the Federal regulations for the CDBG program: (please m 4t mBo)k?lds WtUk USedtojkRd coslo aEsoci4tcd n# dqgiug. rats, rrtilitie, slq@t?s, rtc.) The EM Coundieling and Ctists Sewices will initiate The Neighaxhood connection" program to WNB iow knxKne resMerds lMng in the Weet Banlo d carlsbad. The o0al of the proOram Is to promote and enhance posnive inteadiem between parents and their children whii wH1 Wtoopportun#iesbrchikhen todeue(optotheirfun pctenttal. fhe program is dwigmd to stiwigthentamiriand prevt#ct chiM abuse and mwt. cafisbmd - funds dl be used to 1) CMICkfct ordreech and marketing adtvffies aimed at recruwing pat-ents; 2) administet pnrailtlng educ9tkm ctasaes; and 3) provide parents whh mferra~~ to otheragencies. ne~e pctiiet, WWI be povkled ~neday (6hour~ per day) perw forthe duration dthe camtract period. See auached prooram budgel. 2. Project objectives to be accompLished during the contract ptriod: piuw &c#e the ~pec@c SCryiM or activities to &pmW Co inw/- lncomc WM nsidmts with ahc CDBGjkd awrded. gappllcubk, plum? p'oyM6 a rmga ol$dvefDr the nvnber qf perms- to &%@from the Subrecipim*s suvicu@oject.) A. Rsa~ite 21-30 Wuak to participate in the parerding education ctaoses; 8. Condud three, teWmek parenting educEiti classes wtth 7-10 participants, and C. Germtab 15-20 refwaktococial, heath, counseling snd dherqpneks. 3. Project a€?je_ctlves perfonnancc measures: a. Pro* quarterly performance reports to the City of Carfsbad, Housing and R+development Deparbment on the CDBG Quarterly PerfWmnce Report Eblm 88 provided. b. Maintain records, invoices, and &want stathth wlpporting thb quarterly repork c. Provide a final performance report, including an evaluation report of the pgm's 8uCcesS h meeting established goals, to the City of Carfsbad Housing ami RedeveIopmcnt Departmeat within 15 days of teennfnation of the contract date on the CDm Annual Performance Report d. Provide notifidon to the City of any audits or inveStigationS fnchxliq tesults. findings, form as provided. andlor liens, 7 .r 0 e d EXHIBIT 'fB'f THE EYE COUNSELING AND CRISIS SERVICE'S NEIGHBORHOOD CONNECTION PROGRAM FOR THE CITY OF CARLSBAD CDBG PROGRAM BUDGET Parent Educator - Fifteen percent (1 5%) time $3,300 Based on a full time educators' salary of $22,000 Parent Educator Fringe Benefits for 15% time $ 546 Program Supervisor - One percent (1%) time $ 300 Based on a full time supervisor's salary of $30,000 Program Supervisor Fringe Benefits for 1% time $ 54 Total Grant Award $4,200 As an in-kind contribution, the EYE will provide program supplies, class materials, additional supervision and, through community resources, provide child care for program participants. ._ - 7-A .- 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND YMCA OZ NORTH COAST FOR 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT F”DS THIS AGREEMENT, made and entered into as of this dp%ay of &6 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinaMr referred to a “City”, and YMCA OZ NORTH COAST, a non-profit organization, hereinafter referred to a “ Subrecipient“. RECITALS WHEREAS, the City has applied for and received funds from the United States Governmen under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 a amended to fund eligible activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service provider, who offer shelter or services to homeless or near homeless persons/families or counseling and self improvement programs/activities for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide this basic service for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the residential facility and supportive services for homeless and runaway youths operated by YMCA Oz North Coast is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City’s Annual Consolidated Funding Strategy and Plan for Community Development Block Grant funds (hereinafter referred to as the “Annual Consolidated Plan”). 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 1997-98 federal Community Development Block Grant (CDBG) funds, in the amount of four thousand five hundred dollars ($4,500) to the Subrecipient for operation of the shelter and supportive services for youths located at 215 Barnes Street, Oceanside, California for the period beginning July 1, 1997 and ending June 30, 1998. The Subrecipient agrees to use all federal funds provided by the City to the Subrecipient pursuant to the provisions of this Agreement, the Scope of Work, attached hereto as Exhibit “A”, and in accordance with the terms of the Annual Consolidated Plan. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by June 30, 1998. If the Subrecipient will be unable to expend all of the funds allocated to the project by the noted date, the Subrecipient shall request an extension from the City for continued use of the funds on the approved project based on progress made by the Subrecipient towards completing the subject project, the City will either agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. e 0 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable cost5 related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $4,500. However, nc more than 90 percent of the total agreed upon compensation will be paid during thc performance of this Agreement. The balance due (remaining 10 percent) shall be paid upor final certification by the City that Subrecipient has administered the services and activities in compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the City, Payment for eligible expenses shall be made in accordance to budget information provided in Exhibit "B" and in accordance with performance. Subrecipient represents that the budget includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds pursuant to 24 CFR Part 502. Subrecipient shall submit a "Request for Reimbursement" to the City for compensation oj eligible and actual expenses incurred. The City shall not provide any paymentsh-eimbursements in advance of actual expenditures by the Subrecipient. Subrecipient may requesi reimbursements anytime after this agreement is approved by the City Council and continue until the expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds are consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with all applicable Federal, state, and local rules and regulations governing these funds. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples of appropriate methods of reimbursement documentation. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct result of the use of federal CDBG funds for the program outlined within this agreement. A11 reported program income may be retained by the Subrecipient €or costs related to the subject program activities. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. The requirements are set forth in the federal regulations Section 570.504 which are incorporated herein by reference. 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to provide the subject program as outlined in this agreement. Under this agreement, the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $4,500 maximum as allocated by the City Council for program year 1997-98. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such 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 of the ** a e CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of rea property acquired or improved with CDBG assistance; e. .Records demonstrating compliance with the requirements in Section 570.606 regardin1 acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity component of the CDBG program; 8. Documentation of all CDBG funds received from the City, eligible expenses incurred fo administration of each activity, and other financial records as required by 24 CFR Par h. Any other related records as the City shall require to demonstrate compliance wit1 applicable Federal, state, and local rules and regulations governing these finds. 570,502, and OMB Circular A-1 10; and, The Subrecipient shall submit quarterly "Progress Reports" within fifteen (15) calendar days o the end of each quarter for the full term of this Agreement. The final progress report is due nc later than July 15, 1998. The report must include sufficient information to assist the City il monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactor: performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. C. Total number of persons/households participating in the program during reportec period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in thr program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. 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 leve 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 tc 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 thl 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 four (4) years after the termination of all activities funded under thi Agreement. All records subject to litigation, claims, audit findings, negotiations, or othe actions must be retained for four (4) years from the date such action commenced or unti completion of the action and resolution of all issues by the appropriate officials and th Subrecipient has been given official written notice, whichever occurs later. 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 tl .. 0 0 ,I submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipieni shall be required to submit, to the City, a comprehensive financial audit prepared by ar independent, neutral third-party auditor. The audit shall cover financial operations of tht Subrecipient for the term of this Agreement and is due not later than one year after expiratior of the agreement. The Subrecipient shall also be required to submit a second audit for tht following period covered under fiscal year beginning July 1, 1998 and ending June 30, 1995 for any funds received in fiscal year 1998-99 per this Agreement. 6. PROGRAM REOUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federa Regulations, Part 570 (the Housing and Urban Development regulations concernini 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 am agreements made, by the City, to the United States Department of Housing and UrbaI Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements ai 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 am regulations as described in Subpart K of the CDBG Program Regulations, such as affirmativelj furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation an( acquisition, and employment and contracting opportunities, 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 reviev process required under the provisions of 24 Code of Federal Regulations Part 52. b. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, a. a condition of this agreement. The Sobrecipient shall comply with all federal regulations related to the use of CDBG funds bj 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 and the U.S Department of HUD. If the Subrecipient desires a change in the use of the CDBG fund, following approval of this agreement, a written request must be submitted to the City fo review by the Council. No change in use of the CDBG funds will be permitted by the Cit; without prior formal approval by the Council. 7. 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. 8 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, this agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OI? ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient’s control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a> Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be ‘liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any 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 officers and employees against any of the foregoing liabilities or claims of any kind and any cost/and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications for the project or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall in&ire to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. '* 0 e 14. INSURAm If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or other funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements sf ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars the day and year first written above. YMCA 02 NORTH COAST, a non-profit organization, of the State of California ATTEST: ALETHA L. R%*ENKkAN 2, City Clerk ) APPROVED AS TO FORM: 0 0 ‘b EXIHIBT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: Address: 215 Barnes Street YMCA OZ NORTH COAST Oceanside CA Operation of a residential facility and supportive services for homeless an< Project Description: runaway youths. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds will be used to fund the following activities in compliance with the project descriptio1 outlined and in conformance with the Federal regulations for the CDBG program: (Please specify ( 9 CDBG funds will be used to find costs associated with staffing, rents, utilities, supplies, etc.) The goal of YMCA Oz North Coast’s Runaway Youth Shelter Project is to prevent mnawayhhrowaway behavior among 1 income Carlsbad youth between the ages of 12-17. These goals will be accomplished through the following services: 1) temporary shelter, food, clothing and transportation to twenty-five (25) low to moderate income Carlsbad youth at the OZ Coast shelter; 2) three individual, two family and five group therapy sessions per week (during residency); 3) eight week aftercare services to 25 youth and 90 family members, including eight weeks of multifamily group therapy; 4) educationa presentations to 350 Carlsbad secondary school students residing in low to moderate income homes; 5) outreach services activities to be provided to low/moderate income Carlsbad residents with the CDBG funds awarded. If applicable, pleas provide a target objective for the number of personslhouseholds to benefit from the Subrecipient‘s services/project.) 80% of the youth completing the 14 day program will not engage in runaway or further runaway episodes, as measured at three ar month intervals. 80% of the families participating in the aftercare services will not engage in throwaway behaviors resulting in the youth being ren “homeless”. 80% of the youth will not have contact with the juvenile justice system, as measured at three and six month intervals. 80% of the youth attending secondary school presentations will increase their knowledge of the dangers associated with runaway behavior and Oz North Coast shelter services, as measured by pre and post tests. 3. Project objectives performance measures: runa’!iay ‘iSF@&?8tii$&3%$dt&’ bC,”r;t~~~~~~~~~~~~~~n~~~~~~~ “dkd,:~~”~~~~~“~he specific services 0 a. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopmen Department on the CDBG Quarterly Performance Report form as provided. b. Maintain records, invoices, and relevant statistics supporting the quarterly reports. c. Provide a final performance report, including an evaluation report of the program’s success ii meeting established goals, to the City of Carlsbad Housing and Redevelopment Departmen within 15 days of termination of the contract date on the CDBG Annual Performance Repor d. Provide notification to the City of any audits or investigations including results, findings and/or liens. form as provided. a 0 .c qj.2; -;;i; .’+ lii YTI3 le’ \fi 88 y i \ dlrt EXIHIBT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: Address: 215 Barnes Street YMCA 02 NORTH COAST Oceanside CA Operation of a 12 bed residential facility and supportive services for homeless or runaway youths. Project Description: * c< ' 0 0 9' AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COMMUNITY RESOURCE CENTER FOR 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 129 4 day of w 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafidreferred to as "City", 2nd COMMUNITY RESOURCE CENTER, a non-profit organization, hereinafter referred tc as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Governmenl under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer shelter and/or services to the homeless or near homeless or meet the basic needs of lowe1 income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the Carlsbad Homeless Prevention Program offered by the Community Resource Center is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City's Annual Consolidated Funding Strategy and Plan for Community Development Block Grant funds (hereinafter referred to as the "Annual Consolidated Plan"). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 1997-98 federal Community Development Block Grant (CDBG) funds, in the amount of eleven thousand dollars ($11,000) to the Subrecipient for operation of the H Carlsbad California for the period beginning July 1, 1997 and ending June 30, 1998. The Subrecipient agrees to use all federal funds provided by the City to the Subrecipient pursuant to the provisions of this Agreement, the Scope of Work, attached hereto as Exhibit "A", and in accordance with the terms of the Annual Consolidated Plan. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by June 30, 1998. If the Subrecipient will be unable to expend all of the funds allocated to the project by the noted date, the Subrecipient shall request an extension from the City for continued use of the funds on the approved project based on progress made by the Subrecipient towards completing the subject project, the City will either agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. Carlsbad Homeless Prevention Program at their offices located at 3138 Roosevelt Street Suite 1 0 0 ,I 2. DISBURSEMENT OE' "DS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable cost related to the provision of services for eligible residents of Carlsbad for the term of thi, Agreement. The reimbursements for costs shall not exceed a total of $11,000. However, nc more than 90 percent of the total agreed upon compensation will be paid during th performance of this Agreement. The balance due (remaining 10 percent) shall be paid upor final certification by the City that Subrecipient has administered the services and activities ir compliance with all applicable Federal, state, and local rules and regulations governing thest funds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information provided ir Exhibit "B" and in accordance with performance. Subrecipient represents that the budge includes only allowable costs and an accurate analysis of costs applicable to the CDBG fund! pursuant to 24 CFR Part 502. Subrecipient shall submit a "Request for Reimbursement" to the City for compensation o eligible and actual expenses incurred. The City shall not provide any payments/reimbursement: in advance of actual expenditures by the Subrecipient. Subrecipient may request reimbursements anytime after this agreement is approved by the City Council and continue until the expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds are consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with all applicable Federal, state, and local rules and regulations governing these funds. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples of appropriate methods of reimbursement documentation. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct result of the use of federal CDBG funds for the program outlined within this agreement. All program activities. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. The requirements are set forth in the federal regulations Section 570.504 which are incorporated herein by reference. reported program income may be retained by the Subrecipient for costs related to the subject 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to provide the subject program as outlined in this agreement. Under this agreement, the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $11,000 maximum as allocated by the City Council for program year 1997-98. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: 2 e e 1 a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; e. Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; g. Documentation of all CDBG funds received from the City, eligible expenses incurred foI administration of each activity, and other financial records as required by 24 CFR Par1 570.502, and OMB Circular A-1 10; and, h. Any other related records as the City shall require to demonstrate compliance witk applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" within ff fteen (15) calendar days ol the end of each quarter for the full term of this Agreement. The final progress report is due nc later than July 15, 1998. The report must include sufficient information to assist the City ir monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactoq performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. e. The Subrecipient shall maintain client data demonstrating client eligibility for service: provided. Such data shall include at the minimum client name, address, ethnicity, income leve 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 tc 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 tht 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 four (4) years after the termination of all activities funded under thi: actions must be retained for four (4) years from the date such action commenced or unti completion of the action and resolution of all issues by the appropriate officials and thc Total number of persons/households participating in the program during reportec period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. Agreement. All records subject to litigation, claims, audit findings, negotiations, or othe; 3 0 0 Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal year from the City of Carlsbad andlor any other city or agency, the Subrecipient is required tc submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipienr shall be required to submit, to the City, a comprehensive financial audit prepared by ar independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the term of this Agreement and is due not later than one year after expiratior of the agreement. The Subrecipient shall also be required to submit a second audit for thc following period covered under fiscal year beginning July 1, 1998 and ending June 30, 1995 for any funds received in fiscal year 1998-99 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). ' The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. b. - 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written 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. 4 0 0 .. 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the 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, thii agreement may be suspended or terminated if the Subrecipient fails to comply with any tenn(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 thk agreement. 9. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG fund! on hand at thertime of expiration and any accounts receivable attributable to the use of CDBC 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 o $25,000 to either be: a) 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 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 thii section. b) 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties fines, or any damage to goods, properties, or effects of any person whatsoever, nor 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 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, includinl 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 thc prior written consent of the City. 5 a 0 .I 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmles5 Agreement," all terms, conditions, and provisions hereof shall inhe to and shall bind each ol 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 othei funds, the Subrecipient shall obtain and maintain policies of general liability insurance and 2 combined policy of worker's compensation and employers liability insurance from an insuranct 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 Citj Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as oi the day and year first written above. COMMUNITY RESOURCE CENTER, a non-profit organization, f the State of California ATTEST: L A1,ETHA L. RAUTENKRANZ, City Clerk 1 APPROVED AS TO FORM: 6 .+ 0 0 )I EXIHIBT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: COMMUNITY RESOURCE CENTER Address: 3138 Roosevelt Street, Suite H Carlsbad CA Assist faillilies and individuals in maintaining adequate housing through thc provision of social services and providing direct assistance such as food. Project Description; Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds wiIl be used to fund the following activities in compliance with the project descriptior outlined and in conformance with the Federal regulations for the CDBG program: (Please specifi, i, CDBGficnds will be used tofund costs associated wifh stajjing, rents, utilifies, suppIies. etc.) Please see attached pages 2. Project objectives to be accomplished during the contract period: (Please describe rlze specflc services or activities to be provided to loiv/moderafe inconre Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/lrouselzolds fo benefit from the Subrecipient‘s sewices/project.) Please see attached pages .. % 3. Project objectives performance measures: a. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopment Department on the CDBG Quarterly Performance Report form as provided. b. Maintain records, invoices, and relevant statistics supporting the quarterly reports. c. Provide a final performance report, including an evaluation report of the program’s success in meeting established goals, to the City of Carlsbad Housing and Redevelopment Department within 15 days of termination of the contract date on the CDBG Annual Performance Report form as provided. d. Provide notification to the City of any audits or investigations including results, findings. and/or liens. Please see attached pages 7 L 0 *e Page 1 oi ,* CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT "A" Items 1 E 2 P. 7 # 1: CDBG funds will be used to cover a portion of the bilingual Resource Center's (CRC) homeless prevention project. Activities of the bilingual caseworker include: emergency assistance, case management, infomation and referral, including the provision of emergency food, clothng, bus and gas vouchers. caseworker's salary, rent and utilities for the Carlsbad Community #2: Objectives include: eliminate hunger in Carlsbad and surrounding areas (by supplying emergency food, food assistance referrals, and administering USDA Commodities program), provide emergency assistance (by distributing no cost or low cost clothulg, supplying bus tokens and gas vouchers, and providing shelter through the Interfaith Shelter Network), llnk clients to needed programs (by offering bilingual information and referral services, locating housing for homeless persons, providing resume and employment assistance), alleviate emotional pain (by providing crisislsuicide intervention, helping with problem solving through case management, and offering individual, couple and group counseling), and promote healthy and safe living environments (by providing intake for clients seeking refuge at the CRC domestic violence shelter and transitional housing, Libre!, educating the community about CRC through the utilization of volunteers, and providing community education focusing on homelessness and domestic violence). - L 0 Page E of 5 0 .’ EXHIBIT A item 3 OUTLINE OF PROGRAM GOAL, OBJECTIVES AND ACTIVITES Goal The Carlsbad office of the Community Resource Center provides services to individuals and families in need. The goal of CRC is to improve the quality of life for residents of coastal north San Diego County from Carlsbad to Del Mar by providing a multitude of services geared toward the promotion of self-sufficiency. Objective To eliminate hunger in Carlsbad and surrounding areas Activities: 1. Supply emergency food. 2. Provide food assistance referrals. 3. Administer USDA Commodities program. 0 b-iective To provide emergency assistance Activities: 1. Distribute no cost or low cost clothing fiom the CRC Thrift store. 2. Supply bus tokens. 3. Supply gas vouchers. 4. Provide shelter through the Interfaith Shelter Network. - Objective To link clients to needed programs and services Activities: 1. Offer bilingual information and referral services. 2. Locate housing for homeless persons. 3. Provide resume and employment assistance. Objective To alleviate emotional pain Activities: 1. Provide crisis/suicide intervention 2. Help with problem solving through case management. 0 0 Page 3 of 3 EXHIBIT A Item 3 .. 9 3. Offer individual, couple and group counseling. Objective Promote health and safe living environments. Activities 1. Provide intake for clients seeking refuge at the CRC domestic 2. Refer Carlsbad residents to CRC long-term transitional 3. Educate the community about CRC through the utilization of 4. Community education focusing on homelessness and domestic violence shelter, Libre! housing program for women and children. volunteers. violence. - L &* 0 e EXIHIBT W CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: COMMUNITY RSOURCE CENTER Address: 3138 Roosevelt Street, Suite H Carlsbad CA Assist families and individuals in maintaining adequate housing through the provision of social services and providing direct assistance such as food. Project Description: 1 8 , 3 0 e AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FRATERNITY HOUSE, INC, FOR 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of thisa fi day of u 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinader referred to as “City”, and FRATERNITY HOUSE, INC., a non-profit organization, hereinafter referred to as “Sub recipient ‘I . RECITALS WHEREAS, the City has applied for and received funds from the United States Governmeni under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer shelter or services to homeless or near homeless persons/families or meet the basic needs oj lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide this basic service for low and moderate income households with qome assistance from the City; WHEREAS, the City has determined that the residential care facilities offered by Fraternity House is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City’s Annual Consolidated Funding Strategy and Plan for Community Development Block Grant funds (hereinafter referred to as the “Annual Consolidated Plan”); NOW, THEmFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 1997-98 federal Community Development Block Grant (CDBG) funds, in the- amount of five thousand dollars ($5,000) to the Subrecipient for operation of the Fraternity House, a residential care facility, located at 20702 Elfin Forest Road, Escondido, California for the period beginning July 1, 1997 and ending June 30, 1998. The Subrecipienl agrees to use all federal funds provided by the City to the Subrecipient pursuant to the provisions of this Agreement, the Scope of Work, attached hereto as Exhibit “A”, and ir accordance with the terms of the Annual Consolidated Plan. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety bj June 30, 1998. If the Subrecipient will be unable to expend all of the funds allocated to the project by the noted date, the Subrecipient shall request an extension from the City foi continued use of the funds on the approved project based on progress made by the Subrecipieni towards completing the subject project, the City will either agree to grant the extension 01 notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. 1 e 0 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $5,000. However, no more than 90 percent of the total agreed upon compensation will be paid during the performance of this Agreement. The balance due (remaining 10 percent) shall be paid upon final certification by the City that Subrecipient has administered the services and activities in compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information provided in Exhibit “B” and in accordance with performance. Subrecipient represents that the budget includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds pursuant to 24 CFR Part 502. Subrecipient shall submit a “Request for Reimbursement” ’to the City for compensation of eligible and actual expenses incurred. The City shall not provide any payments/reimbursements in advance of actual expenditures by the Subrecipient. Subrecipient may request reimbursements anytime after this agreement is approved by the City Council and continue until the expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds are consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with all applicable Federal, state, and local rules and regulations governing these funds. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples of appropriate methods of reimbursement documentation. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct result of the use of federal CDBG funds for the program outlined within this agreement. All reported program income may be retained by the Subrecipient for costs related to the subject program activities. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. The requirements are set forth in the fedefal regulations Section 570 SO4 which are incorporated herein by reference. 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necessaq 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 $5,000 maximuw as allocated by the City Council for program year 1997-98. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 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: 2 0 0 a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives of the c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; e. Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; g. Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB Circular A-1 10; and, h. Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. CDBG program; The Subrecipient shall submit quatterly "Progress Reports" within fifteen (15) calendar days ol the end of each quarter for the full term of this Agreement. The final progress report is due no later than July 15, 1998. The report must include sufficient information to assist the City in monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. e. The Subrecipient shall maintain client data demonstrating client eligibility for service: provided. Such data shall include at the minimum client name, address, ethnicity, income leve 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 tc 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 Unite( 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 thc 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 four (4) years after the termination of all activities funded under thi Agreement. All records subject to litigation, claims, audit findings, negotiations, or othe actions must be retained for four (4) years from the date such action commenced or unti completion of the action and resolution of all issues by the appropriate officials and thi Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. 3 0 0 . Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal year from the City of Carlsbad and/or any other city or agency, the Subrecipient is required to submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall be required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the term of this Agreement and is due not later than one year after expiration of the agreement. The Subrecipient shall also be required to submit a second audit for the following period covered under fiscal year beginning July 1, 1998 and ending June 30, 1999 for any funds received in fiscal year 1998-99 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. Regulations, Part 570 (the Housing and Urban Development regulations concerning The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds bj religious organizations, if applicable to this agreement and the approved project outlined herein. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City foi review by the Council. No change in use of the CDBG funds will be permitted by the Cit) b. .- - 7. without prior formal approval by the Council. 4 0 0 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in tht 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, this agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of thi> agreement. 9. PO. 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 CDBG 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 of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. section. b) Reimbursement is not required after the period of time specified in paragraph (a) of this 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any 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 officers and employees against any of the foregoing liabilities or claims of any kind and any costland expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications for the project or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City. 5 * 0 0 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall idure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the Citr in CDBG funds andlor other funds, the Subrecipient shall obtain and maintain policies of general liability insurance and i combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements ol 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 inscrance 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. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as ol the day and year first written above. FRATERNITY HOUSE, a non-profit organization, e State of California ATTEST: ALETHA L. RAUTENKRANZ, City Clerk I APPROVED AS TO FORM: 6 1 0 0 EXIHIBT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: FRATERNITY HOUSE Address: 20702 Elfin Forest Road Escondido CA Provide a residential care facility for chronically ill men and women with AIDS. Project Description: Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds will be used to fund the following activities in compliance with the project description outlined and in conformance with the Federal regulations for the CDBG program; (please specifr 4 CDBGfunds will be used tofund costs associated with stafing, rents, utilities, supplies, etc.) Staffing: 1 full-time cook at @30% of salary. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to lowlmoderate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of personslhouseholds to benefittfrom the Subrecipient’s serviceslproject.) By June 30, 1998 to provide 5,000 bed nights of Housing, 5,330 nourishing home-cooked meals and 365 days of nursing care to between 60 and 70 low-income men and women disabled by AIDS who will live and die in our two licensed Residential Care Facilities (Fraternity House ti Michaelle House) during FY 97-98 .. . 3. Project objectives performance measures: a. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopment Department on the CDBG Quarterly Performance Report form as provided. b. Maintain records, invoices, and relevant statistics supporting the quarterly reports. c. Provide a final performance report, including an evaluation report of the program’s success in meeting established goals, to the City of Carlsbad Housing and Redevelopment Department within 15 days of termination of the contract date on the CDBG Annual Performance Report form as provided. d. Provide notification to the City of any audits or investigations including results, findings, and/or liens. 7 9 0 i e EXIHIBT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: FRATERNITY HOUSE Address: 20702 Elfin Forest Road Escondido CA Provide a residential care facility for chronically ill men and women with Project Description: Please see atta%&’d Housing, Meals & Care Budget and overall Corporate Budget for Fy ‘97-‘98. 8 a 0 Attachment C BUDGET FOR EXPANDED "HOUSING, MEALS AND CARE PROGRAM" EXPENSES REVENUES CAIUSBAD CDBG Caregivers $155,000 $1 15,000 Services Income $5,000 Benefits $ 23,400 $ 35,000 Office of AIDS Groceries $ 20,000 $ 35,000 Other City CDBG Utilities $ 11,500 $ 20,000 Private Donations Insurance $ 7,000 $ 15,000 Private Foundations Telephone $ 4,700 Household $ 2,400 Medical $ 1,000 TOTAL $225,000 $220,00 $5,000 . /f< :* * m e 1 - FYI 1997-1998 BUDGET INCOME: 500 CLUB DONATIONS $ 6,000.00 TREE OF LIFE 6,000.00 SPECIAL EVENTS 14,000.00 PRIVATE GRANTS 40,000.00 COMMUNITY DEVELOPMENT BLOCK GRANTS 40,000.00 COUNTY OFFICE OF AIDS 140,000 .00 TOTAL INCOME: $40 1,000.00 EXPENSES: PWSonncl: Esccutive Director (1.0 FTE @ $15.86/hr) 35,000.00 Housc I Manager (1.0 FTE @ $12.02/11r) 25,000.00 Housc I1 Manager (1.0 FTE @ $1 1.00/hr) 22,880.00 Vol. Coordinator fl.0 FTE @ $10.58/1ir) 22.000.00 CNA Caregivers (7.0 FTE @ $ 7.00/1ir) 10 1,920.00 LVN Caregivers (1.4 FTE @ $ 9.50/lir) 27,664.00 Cooks (2.0 FTE @ $ 6.00/lir) 24,960.00 TOTAL PERSONNEL $296,038.00 DONATIONS 40,000,OO RESIDENT SERVICES INCOME 115.000.00 Employcc Benefits @ 15% 38.614.00 Non/lPersonn& RENT $ 1 .00 ACCOUNTING/AUDIT 4,500.00 LEGAL & INSURANCE 18.500.00 OFFICE SUPPLIES 3,000.00 POSTAGE 1,3 20 .OO PRINTlNG 2,400.00 TELEPHONE 4,700.00 OFFICE EQUIPMENT 2,000.00 LOCAL TRAVEL 1,000.00 UTILITIES 11,500.00 RESIDENT REIMBURSEMENT 1,500.00 GROCERIES 20.000.00 2,400.00 HOUSEHOLD REPAIRS & SUPPLIES MEDICAL EXPENSES 1,000.00 RESIDENT RECREATION FUND 1.600.00 RESIDENT TRANSPORTATION 6,200.00 1,000.00 PERMITS & FEES 1,200.00 PETTY CASH EXPENSE PAY CHEX 2.000.00 ADVERTISING 600.00 EDUCATLON 1,000.00 FUNDRAISING 1,200.00 DUES & SUBSCRIPTIONS 1,200.00 OPERATING RESERVE 10,000.00 TOTAL NON-PERSONNEL %101.720.00 MISCELLANEOUS EXPENSES 1,800.00 TOTAL EXPENSES $399,758.00 *I .. m e t ” AGEEMENT BETWEEN THE CITY OF CARLSBAD AND NORTH COUNTY COUNCIL ON AGING FOR 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this a* day of w 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinaftlr referred to as “City”, and NORTH COUNTY COUNCIL ON AGING, a non-profit organization, hereinafter referred to as “Subrecipient”. RECITALS WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer meals, homemaking or personal assistance services, financial assistance services, counseling, and, transportation, or shared housing or other housing related services for elderly lower income adults; WHEREAS, the Subrecipient can provide these basic services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the senior services offered by North County Council on Aging is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City’s Annual Consolidated Funding Strategy and Plan for Community Development Block Grant funds (hereinafter referred to as the “Annual Consolidated Plan”). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1, STATEMENT OF WORM The City has allocated 1997-98 federal Community Development Block Grant (CDBG) funds, in the amount of two thousand dollars ($2,000) to the Subrecipient for provision of senior services through their offices located at 235 Jefferson Street, Vista, California for the period beginning July 1, 1997 and ending June 30, 1998. The Subrecipient agrees to use all federal funds provided by the City to the Subrecipient pursuant to the provisions of this Agreement, the Scope of Work, attached hereto as Exhibit “A”, and in accordance with the terms of the Annual Consolidated Plan. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by June 30, 1998. If the Subrecipient will be unable to expend all of the funds allocated to the project by the noted date, the Subrecipient shall request an extension from the City for continued use of the funds on the approved project based on progress made by the Subrecipienl towards completing the subject project, the City will either agree to grant the extension 01 notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. 1 ,I -- 0 e c 1' 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $2,000. However, no more than 90 percent of the total agreed upon compensation will be paid during the performance of this Agreement. The balance due (remaining 10 percent) shall be paid upon final certification by the City that Subrecipient has administered the services and activities in compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information provided in Exhibit "B" and in accordance with performance. Subrecipient represents that the budget includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds pursuant to 24 CFR Part 502. Subrecipient shall submit a "Request for Reimbursement" to the City for compensation of eligible and actual expenses incurred. The City shall not provide any paymentsheimbursements in advance of actual expenditures by the Subrecipient. Subrecipient may request reimbursements anytime after this agreement is approved by the City Council and continue until the expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds are consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with all applicable Federal, state, and local rules and regulations governing these funds. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples of appropriate methods of reimbursement documentation. 3, PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direcl result of the use of federal CDBG funds for the program outlined within this agreement. All reported program income may be retained by the Subrecipient for costs related to the subjecr program activities. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. The requirements are set forth in the federal regulations Section 570.504 which are incorporated herein by reference. 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necessaq 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 $2,000 maximun- as allocated by the City Council for program year 1997-98. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Sucf records shall include but not be limited to: 2 ,I .v 0 e " ,I' a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; g. Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB Circular A-1 10; and, h. Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. e, Records demonstrating compliance with the requirements in Section 570.606 regarding The Subrecipient shall submit quarterly "Progress Reports" within fifteen (15) calendar days of the end of each quarter for the full term of this Agreement. The final progress report is due no later than July 15, 1998. The report must include sufficient information to assist the City in monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. e. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, ethnicity, income level or other basis for determining eligibility, and description of service provided. This data shall assist the Subrecipient in completing the required quarterly progress reports to be submitted tc the City. The Subrecipient shall maintain separate accounting records for the federal CDBG funds 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 thc 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 four (4) years after the termination of all activities funded under thi: Agreement. All records subject to litigation, claims, audit findings, negotiations, or othei actions must be retained for four (4) years from the date such action commenced or unti completion of the action and resolution of all issues by the appropriate officials and tht Total number of persons/households participating in the program during reported period; Total number of parkipants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. 3 0 e .e I* s 8)' Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal year from the City of Carlsbad and/or any other city or agency, the Subrecipient is required to submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall be required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the term of this Agreement and is due not later than one year after expiration of the agreement. The Subrecipient shall also be required to submit a second audit for the following period covered under fiscal year beginning July 1, 1998 and ending June 30, 1999 for any funds received in fiscal year 1998-99 per this Agreement. 6. PROGRAM REOUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federa' Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms agreements made, by the City, to the United States Department of Housing and Urbar 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 anc regulations as described in Subpart K of the CDBG Program Regulations, such as affirmativelj furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation anc acquisition, and employment and contracting opportunities, except that: a. of the City's CDBG Application and Subrecipient Agreement and with assurances anc The Subrecipient will not assume the City's environmental responsibilities as describec in Section 570.604; and The Subrecipient will not assume the City's responsibility for initiating the revieu b. process required under the provisions of 24 Code of Federal Regulations Part 52. - 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 and the U.S Department of HUD. If the Subrecipient desires a change in the use of the CDBG fund following approval of this agreement, a written request must be submitted to the City fo review by the Council. No change in use of the CDBG funds will be permitted by the Cit: without prior formal approval by the Council. 7. 4 0 0 .v $ Sf d .I * 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the 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 fundi on hand at the time of expiration and any accounts receivable attributable to the use of CDBC 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 o $25,000 to either be: a) 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 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. b) 11. HOLD HARMLESS AGIPEEMENT 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 fo persocal 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, includinl 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 thl prior written consent of the City. 5 f t) ,i r w 0 0 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 1 1, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall dure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds andlor otheI funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements oi City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the Citj 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. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as ol the day and year first written above. NORTH COUN'I'Y COUNCIL ON AGING, a non-profit organization, of the State of California ATTEST: ALETHA L. MUTENKRANZ, City Clerk APPROVED AS TO FORM: ALD R. BALL, City Attorney 6 e * .v b- #+ tI EXIHIBT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: Address : 235 Jefferson Street NORTH COUNTY COUNCIL ON AGING Vista CA Provides case managment, home making services and other services to low- income seniors. Project Description: Project Goals & Qbjectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds will be used to fund the following activities in compliance with the project descriptior outlined and in conformance with the Federal regulations for the CDBG program; (Please specify 4 CDBG fwus will be used to find costs associated with stafing, rents, utilities, supplies, etc.) The project: will provide taxi voucher transportation and case managenlent services to low income, frail and disabled seniors in Carlsbad. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to lowhoderate income Carlsbad residents with the CDBG funds awarded. rf applicable, please provide a target objective for the number of persondhouseholds to benefit from the Subrecipient‘s services/project.) a. Provide 90 transportation trips. b. Provide 150 hours of case management services. c . Serve ’50 hduplicated clients-low/mod. income seniors. 3. Project objectives performance measures: a. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopment Department on the CDBG Quarterly Performance Report form as provided. b. Maintain records, invoices, and relevant statistics supporting the quarterly reports. c. Provide a final performance report, including an evaluation report of the program’s success in meeting established goals, to the City of Carlsbad Housing and Redevelopment Department within 15 days of termination of the contract date on the CDBG Annual Performance Report form as provided. d. Provide notification to the City of any audits or investigations including results, findings, and/or liens. 7 . 5,; * 0 0 F ” EXIHIBT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: Address: 235 Jefferson Street NORTH COUNTY COUNCIL ON AGING Vista CA Project Description: Provides case managment, home making and other services to low-income seniors. 8