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HomeMy WebLinkAbout1997-09-02; City Council; 14332; APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS0 9 FJ E am & .. z 0 F 0 4 J G Z 3 0 0 i WL /--- ’ q 5 FlTY OF CARLSBAD - AGENDA clb BILL AB# jq, 33 7 TITLE: DEPT. HD& APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT CITY ATTY. j FUNDS c C\TY MGR. - MTG. 9 -3 - ? 3 DEPT. HlRED RECOMMENDED ACTION: Adopt Resolution No. 49- 5 7 q 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 executc agreement for the various approved project(s). Subrecipient agreements with three subrecipients have been prepared and are attached as Ex City 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 e Lifeline Community Services Comprehensive Housing Program $ 3,000 e Hospice of the North Coast Community Bereavement Program $ 3,000 a Casa de Amparo Shelter for Abused Children $ 4,000 As required by federal regulations, staff has completed the required environmental review docur for the above CDBG funded projects. Staff has determined that the grants for these projects ar from environmental review under 24 CFR Section 58.34 (a)(4). The environment2 documentations for these projects are on file in the Housing and Redevelopment Department. FECAL IMPACT: No fiscal impact on the General Fund. All of the projects will be funded through the CDBG progr: EXHIBITS: approving the 1997-98 Subrecipient Agreements for feder 1. Resolution No. q’l-sqy funds. 2. 1997-98 Subrecipient Agreements. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 CITY COUNCIL RESOLUTION NO. 97-594 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFOWIA, APPROVING SUBRECIPIENT AGREEMENTS FOR THE CITY GRANT PROGRAM WHEREAS, on April 1, 1997, the City Council of the City of Carlsbad, California selec programs to receive funding under the City's 1997-98 Community Development Block Grant (( Program; OF CARLSBAD'S 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK WHEREAS, the City Council of the City of Carlsbad, California has considered the rl 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 Council has taken all testimony into account; NOW, THEREFORE, BE IT RESOLVED as follows: 1, That the above recitations are true and correct. 2. That the City Council hereby approves the 1997-98 Community Development Bloc1 Subrecipient Agreements, on file in the City Clerk's office, for the following organi; Lifeline Community ServicesKomprehensive Housing Program, Hospice of the CoastKommunity Bereavement Program, and Casa de Amparo/Sheiter for P Abandoned or Neglected Children. 3. That the Mayor is authorized to sign the Community Development Block Subrecipient agreements on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED by the City Council of the City of Ca California, on the 2nd day of September 1 1997, by the followin) to wit: AYES: NOES: None ABSTAIN: None None ABSENT: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall ATTEST: ALETHA L. RAUTENKRANZ, City cie1-4 ' e 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CASA DE AMPARO FOR 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 22nd day of SEPTEMBER 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and CASA DE AMPARO, 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 shelter or services to homeless or near homeless persons/families and meet the basic needs of lower income persons; 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 shelter and supportive services offered by Casa de Amparo 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 funds Annual Consolidated Funding Strategy and Plan for Community Development Block Grant (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 dollars ($4,000) to the Subrecipient for operation of the shelter and supportive services for abused, abandoned and neglected children located at 4070 Mission Avenue, 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. 1 0 0 2. DISBURSEMENT OF FUNDS 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 $4,000. 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 ‘73’’ 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 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 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 $4,000 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: a. Records providing a full description of each activity undertaken; 2 e 0 b. Records demonstrating each activity undertaken meets on of the National Objectives of thr 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 regarding acquisition, displacement, relocation, and replacement housing; 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 Pari 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. f. Records documenting compliance with the fair housing and equal opportunity components Oj The Subrecipient shall submit quaqerly “Progress Reports” within fifteen (1 5) 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 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 lowlmoderate 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 e 0 from the City of Carlsbad andlor any other city or agency, the Subrecipient is required to submi a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall bc 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 thc term of this Agreement and is due not later than one year after expiration of the agreement. Th, Subrecipient shall also be required to submit a second audit for the following period coverec under fiscal year beginning July 1, 1998 and ending June 30, 1999 for any funds received ir 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 Federa Regulations, Part 570 (the Housing and Urban Development regulations concerning Communitj Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City': CDBG Application and Subrecipient Agreement and with assurances and agreements made, bi 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 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 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. 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 revie& 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 provision of services and the equal opportunity employment of personnel. 4 a 0 6. ~U~PBNSION 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 andor the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 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. Reimbursement is not required after the period of time specified in paragraph (a) of this section. b) 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for 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. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 5 0 a 14. INSUMNCE 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 01 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 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. furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of The Subrecipient shall the day and year first written above. CASA DE AMPARO, a non-profit organization, SHARON DELPHENICH, EXECUTIVE DIRE ATTEST: ALETHA L. RAUTENKRANZ, City Clerk ' APPROVED AS TO FORM: 0 62- RONALD R. BALL, City Attorney 9- I b-77 6 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: CASA DE AMPARO Address: 4070 Mission Avenue San Luis Rey CA Project Description: Provide emergency shelter and supportive services for women and children whc are victims of domestic violence. 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 descriptio] outlined and in conformance with the Federal regulations for the CDBG program: (Please spec& l CDBG funds will be used to fund costs associated with staflng, rents, utilities, supplies, etc.) Food $ 333 x 11 months = $ 3663 = $ 4000 $ 337 x 1 month = 337 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to low/nioderate ‘I‘ncome Carlsbad residents with the CDBC funds awarded. If applicable, please provide a target objective for the number of persons/households to benefit@om the Subrecipient’s services/project.) Food will be provided to the residents (abused children) who arc provided shelter at Casa de Amparo. - 3. Project objectives performance measures: 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 i 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 Repoi form as provided. Provide notification to the City of any audits or investigations including results, findings, and/c liens. d. 7 0 0 EXIHIBT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: CASA DE AMPARO Address: 4070 Mission Avenue San Luis Rey CA Provide emergency shelter, food, clothing, supportive services for women anc children who are victims of domestic violence. Project Description: 8 Casa de Amparo I 1 Contrib. 1 Contrib. 1 Misc. 1 School INCOME1 997-1 998 I I 60140 Cont.-Restricted 1 10000' 01 1ooooj 0 0 01 0 10000 ___~~ GROUP HOME Annual AFDC I Restrict. IUnrestrict; Income 1 Nutrit. Aux. Total Budget j 10 30 I 40 50 60 , 70 Budget I 01 730001 0 0, 0 73000 60150 Auxliary I 43361 01 01 0 01 01 43361 43361 601 70 Cont.-In-Kind 0, 0 0 01 01 0 0 0 601 80 Cont.-Sewces 1 0 60200 Ann. Sup 97-98 1 0 0 0 01 0 0 I sub Total 126361 I 01 100001 73000 Oi 0 43361 126361 61 000 State AFDC 10581 84 I 10581 84 1 01 0' O1 Oi 0 1058184 01 81001 0 0; 81 00 Sub Total 1 1087740 ~ 10581 84 i 0' 0 81001 21456' 0 1087740 601 20 Cont -Unrestrid. , 73000 1 01 - - ___ 0 0 0 01 0 0 - __ - __ __ _______ I I 1 I 1 I 0 0 21456i 0 21456 61 020 School Nutrrtion 21 456 I Oi 01 61040 Gov't Contracts 81 00 o/ 01 I I 1 j I I 1 Grand Total - Income I1214101 j 10581841 1OOOOi 73000' 81001 21456 43361 l 1214101 ~ I 0 ' 0 I 0 Personnel j 721 10 Salaries-Mgrnt. 1 160243 ~ 160243 ~ 01 01 0 0 160243 72120 Salaries-Clinical j 645051 64505 0 0 0 0 0 64505 721 30 Salaries-Clerical I 276071 27607 0 0 0 0 0 27607 72140 Salaries-Interns l 5000 1 0 0 5000 0 0 0 5000 721 50 Salaries-Childcr 1 466236 I 466236 0 0. 0, 0 0 466236 721 60 Sal.-Teachers 47200 01 0 14407 01 01 32793 47200 721 90 Salaries-Other 1 579481 57948 1 01 0 0; 0 57948 0' 32793 857311 72210 Group Health j 215041 21504' 0 0 0 0' 0 21504 721 20 Group Dental 1 33001 3300 0 0 01 0' 0 3300 72240 Life Insurance 888 8881 01 0 01 0, 0 888 Sub Total - i 256921 256921 0, 0 Oi 0 0 25692 7231 0 SOC Securdy 1 65580 I 61 596 0) 1476 08 0' 2508 65580 72320 Workers Cornp i 171481 16104 01 384 I 01 0 660 17148- 72330 Unernploy Ins. I 26641 2340 0 0 0 324 2664 0 3492 85392' Sub Total 0 36285 968395 0 15966 7241 0 Contract Services 15900 13836 0 2064 0' Oi 72420 Accting. Sewce 1 21 84 I 1896 0 288 0 0 0 21 84 72440 Med - Children 1 996' 996 0 0 0 0 0 996 72450 Payroll 33451 2916 0 429 0 0 0 3345 1021 2 &Sub Total 1 32637- 28524 0 41 13 0 0 0 32637 I ~ I I I I EXPENSES 1997-98 1 I -____ 721 70 Sal-House/Maint , 28572 28572 I 0 1 01 0 0 28572 Sub Total l 857311) 8051111 01 19407 0 I I I __. ._~-~- , .__- I 1 ____~- ,___.__ ~- __~____ -_. 0 1860 0 - 85392 80040 ---_ __~ __T -- - ___ - _-. ~ _-- __. - __ - - -. Total-Personnel Exp. 1 968395 91 08431 0 21267- - 0 .- - - - __ _-_~ - I I --_ ~- __ __~__ .-_ __________ __-- ~ __ - - -- -__ _-_____ _______ __ __ - - - . - _ - - -. - - - _____.__ __ - - 0 -~- 72460Audc--- - ~ - ~___ 10212' 8880 0 1332 0 0 Sheet1 I 7251 0 Supplies-Office 3060 1 01 01 3060 01 01 0 3060' 72520 Supply/Janitorial 1200 I 01 0, 1200 0 0' 0 1200 72530 Supply/Medical 18001 1800 0 0 0 01 0 1 800 72540 Supply/Hygiene 9001 900 0 0 0 0 0 900 72550 Supplies-Food 86161 7316 0 0 0 01 1300 8616 72560 Supply/Educ. 456 I 0 0 0 0 0 456 456 72570Supply/Hsehold.24001 01 0' 2400 0 01 0 2400 72580 Supply/Clothing 1200 i 1200 0, 0 Oi 0' 0 1200 72590 Supplies-Other 600 I 01 01 0 01 01 600 600 Sub Total I 202321 11216, 0 6660 0 0: 2356 20232 01 01 0 10800' 72610 Telephone I 10800 ~ 0 0' 10800 72710 Postage 1896 i 01 0 1896 01 0 0 1896 7281 0 Rent ' 46652 1 46652 ~ 0 0 0' 01 0 46652 72840 Care of Building 6000 I 6000! 0 0 01 0' 0 6000 72850 Ins.Prop./Liabily 1 6539 6539 1 0 0 0' 01 0 6539 72860 Food Service 63000 313061 0 2138) 81001 21456 01 63000 72870 Securrty 1 6736 Oi 0 6736 01 0 0 6736 Sub Total i 131247' 90497 0 11194 81001 214561 0 131247 731 10 Printing 1 984 0 0 984 01 0 0 984 Sub Total 1 2184 0 0 21 84 0 0 0 2184 73210 Mileage Reimb. I 300 0 0 300 0 0 0 300 73220 Gas and Repair 1 2976, 2976 I 0 0 01 01 0' 2976 73240 Auto Insurance j 47061 0, 0 4706 01 01 0 4706 73250 Other Auto I 01 0, 0 0 0; Oi 0 0 Sub Total I 7982 29761 0 5006 01 01 0 7982 ____~__ 7331 0 Training 1 50001 5000' 0 0 0; 0' 0, 5006 73320 Meetings/Meals i 300 I Oi 0 300' 01 Oi 0 300 73340 Member Dues I 40 1 0 0 40 01 0' 0 40 73360 Staff Events I 2190 0 0 21 90 0 0 0 21 90 Sub Total i 7530 5000 0 2530 0' 08 0 7536 7351 0 Advertising 1 2868 2868 0 0 0 0 0 2868 Sub Total 4590 __ 2868 0 1722 0 0 0 4590' . 74302 - - __ Equip - :New .- . i 5400 ___ 0 4200 0 0 0 1200 sub Total-- - - - __ ~ 11028 0 4200 5628 0 , I I I I I I 72855 Ins Settlements 1000 01 0 1000 0, 01 0 1000 72880 Storage I 1320 I 01 0 1320 0; 0, 0 1320 j I 73120 Newsletter i 1200 0 0 1200 0 0 0 1200 ___- I -__ I I I I I .-__- I _t__ __ ._____- ___ ______ - ____ 73520 Promotion 1722 0 0 1722 0 0 0 1722 _____ -.--___ - - ___._ - __ _ .__ --_ -_____ -- 5400 74380 Equip - Maintain ~ 5628- 01 0 5628 0 0 0 5628 0 1200 IT028 3120 741 40 ChTldren's-Rec. I 31 20 1520' 0 0 0, 01 1600 74150CGd - __. . Allowance - - ___ j 2080, 2080 0 0 01 0 0 2080 74160 Other Prog E@. I 1800' 80 0 0 0 0 1720 1800 --____ - ~____ ~._- - -__ _.__ ~- ~~ --~ __ - ~__ ------ ____ -_ _____-_-- Page 2 # Z 741 70 P.C./Over/Short 1 0 01 0 01 0 0 0 0 741 80 Licenses/Prints 1 25801 25801 0 01 0 01 0 2580 Sub Total ~ 9580) 62601 0 01 0 0 3320 9580 75060 Misc. Expense 1 6000 0 58001 0' 0 0 200 6000 Sub Total i 6000 01 5800' 0 0 0 200 6000 I I I I I Sub Total Non Pers. 2457061 147341 IOOOOI 51733' 8100 21456 7076 245706 Grand Total Expense ~1214101~ 10581841 1OOOOi 730001 8100 214561 43361 1214101 Net Outcome I I I I I I I e 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND HOSPICE OF THE NORTH COAST FOR 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 22nd day of SEPTEMBER , 199; by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to a: “City”, and HOSPICE OF THE NORTH COAST, a non-profit organization, hereinafter referred tc as “Subrecipient“. RECITALS WHEREAS, the City has applied for and received funds from the United States 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 providers who offer counseling and/or self-improvement programs/activities for lower income persons; 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 Community Bereavement Program offered by Hospice of the 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 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 three thousand dollars ($3,000) to the Subrecipient for administration and implementation of the Community Bereavement Program offered at the Subrecipient’s offices located at 5421 Avenida Encinas, Suite N, 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. 1 e e 2. DISBURSEMENT OF FUNDS 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 $3,000. However, nc more than 90 percent of the total agreed upon compensation will be paid during tht 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 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 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 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 $3,000 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: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives of the 2 a a 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 regarding acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity component: 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 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. 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 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. 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 thc 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 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 thi 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 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 - actions must be retained for four (4) years from the date such action commenced or untj 3 0 0 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 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 the following period covered under fiscal year beginning July 1, 1998 and ending June 30, 199s 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 term5 of the City's CDBG Application and Subrecipient Agreement and with assurances anc 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 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 affirmativelq 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 revieq 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 bq religious organizations, if applicable to this agreement and the approved project outlinec 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 foi review by the Council. No change in use of the CDBG funds will be permitted by the Citj 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 thc provision of services and the equal opportunity employment of personnel. 4 a 0 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, thk agreement may be suspended or terminated if the Subrecipient fails to comply with any tenn(s: of the award andlor 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 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 tht 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 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, expense that is incurred by the City on account of any of the foregoing liabilities, includinj liabilities or claims by reason of alleged defects in any plans and specifications for the projec or facility. and employees against any of the foregoing liabilities or claims of any kind and any cost/anc 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without thc 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 o the parties hereto, and each of their respective heirs, executors, administrators, successors, anc assigns. 5 e e 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othe funds, the Subrecipient shall obtain and maintain policies of general liability insurance and i combined policy of worker's compensation and employers liability insurance from an insurancc company authorized to do business in the State of California which meets the requirements o City Council Resolution No. 91-403 in an insurable amount of not less than one million dollar, ($1,000,000) each, unless a lower amount is approved by the City Attorney or the Cit! Manager. This insurance shall be in force during the term of this agreement and shall not be cancelec without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shal furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as 0' the day and year first written above. HOSPICE OF THE NORTH COAST, a non-profit organization, State of California CEiAUEW, "BUD" LEWIS, Mayor ATTEST: a- ALETHA L. RAUTENKRANZ, City Clerk k RONALD R. BALL, City Attorney 7-( %- 4 7,- 6 0 0 EXIHIBT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1997 to June30, 1998 Subrecipient Name: Address: HOSICE OF THE NORTH COAST 5421 Avenida Encinas, Suite N Carlsbad CA Provide a bereavement program for individuals and families suffering from thc loss of a loved one. 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 descriptior outlined and in conformance with the Federal regulations for the CDBG program: (Please spec& iJ CDBG funds will be used to fund costs associated with staflng, rents, utilities, supplies, etc.) Staff salaries for counselors to provide free grief counseling to low and moderate income resident: of Carlsbad and other local communities. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services o, activities to be provided to low/rnoderate incohre Carlsbad residents with the CDBG funds awarded. If applicable, pleast provide a target objective for the number of persondhouseholds to benefit from the Subrecipient’s serviceslproject. 1 Objective: CDBG year. Services include individual grief counseling with trained therapist, support groups and socia, activities, ?allow-up phone calls, and information packet mailings. To provide free grief counseling to at least 800 unduplicated clients in the curren 3. Project objectives performance measures: 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 ir 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 form as provided. Provide notification to the City of any audits or investigations including results, findings and/or liens. d. 7 a 8 EXIHIBT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: HOSPICE OF THE NORTH COAST Address : 5421 Avenida Encinas, Suite N Carlsbad CA Provide a bereavement program for individuals and families who have sufferec the loss of a loved one. Project Description: 8 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LIFELINE COMMUNITY SERVICES FOR 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT F"DS THIS AGREEMENT, made and entered into as of this 22nd day of SEPTEMBER 1997 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to a! "City", and LIFELINE COMMUNITY SERVICES, a non-profit organization, hereinafter referred tc 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 affordable housing opportunities to lower income households or provide shelter or services tc homeless or near homeless persons; and, WHEREAS, the Subrecipient can provide this basic service for low and moderate incomt households with some assistance from the City; and, WHEREAS, the City has determined that the comprehensive housing services offered bj Lifeline Community Services is exempt from environmental review under 24 CFR Part 58, Sectior 58.34(a)(4); and, WHEREAS, the US. Department of Housing and Urban Development has approved tht 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 three thousand dollars ($3,000) to the Subrecipient for operation of the t comprehensive housing services program located at 200 Jefferson Street, Vista, California fo the period beginning July 1, 1997 and ending June 30, 1998. The Subrecipient agrees to us( all federal funds provided by the City to the Subrecipient pursuant to the provisions of thi Agreement, the Scope of Work, attached hereto as Exhibit "A", and in accordance with thc terms of the Annual Consolidated Plan. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety b June 30, 1998. If the Subrecipient will be unable to expend all of the funds allocated to thi project by the noted date, the Subrecipient shall request an extension from the City fo continued use of the funds on the approved project based on progress made by the Subrecipien towards completing the subject project, the City will either agree to grant the extension o notify the Subrecipient that the funds must be reallocated to another eligible activity due to slok project progress. 1 e 0 2. DISBURSEMENT OF E'UNDS 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. r. Subrecipient shall submit a "Request for Reimbursement" to the City for compensation of eligible and actual expenses incurred. The City shall not provide any payrnents/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 direcl 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 subjeci 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 $3,000 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. Suck records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives of the 2 0 0 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 for 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 with applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "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 eIigibility 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 from the City of Carlsbad and/or any other city or agency, the Subrecipient is required to 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 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 Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K 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. 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 revieu 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 Subrecipient shall comply with all federal regulations related to the use of CDBG funds bq religious organizations, if applicable to this agreement and the approved project outlinec 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. 4 0 0 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, this agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess oj $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 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 thi5 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 foi personal injuries or death caused by, or claimed to have been caused by, or resulting from, ani 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/ant expense that is incurred by the City on account of any of the foregoing liabilities, includinj liabilities or claims by reason of alleged defects in any plans and specifications for the projec or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without thc prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 1 1, "Hold Harmles Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each o the parties hereto, and each of their respective heirs, executors, administrators, successors, an( assigns. 5 0 Q 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. furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of The Subrecipient shall the day and year first written above. LIFELINE COMMUNITY SERVICES, a non-profit organization, State of California ATI'EST: I a* ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: -..n rka0-P 54 e-7 7 RONALD R. BALL, City Attorney 6 0 e EXIHIBT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: LIFELINE COMMUNITY SERVICES Address: 200 Jefferson Street Vista CA Provide a comprehensive housing services program. 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 specify zj CDBG funds will be used to fund costs associated with staffing. rents, utilities, supplies, etc.) Funds will be used for staffing expenses associated with Lifeline‘s Housing Assistance Program. 2. Project objectives to be accomplished during the contract period: (Please describe the spec@ services 01 activities to be provided to lowhoderate income Carlsbad residents. with the CDBG funds awarded. If applicable, please provide a target objective for the number of personsl‘households to benefit from the Subrecipient’s serviceslproject.) 60 Carlsbad residents of low-income will be provided with housing assistance - 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 0 a e EXIHIBT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: LIFELINE COMMUNITY SERVICES Address: 200 Jefferson Street Vista CA Provide a comprehensive housing services program. Project Description: 8