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HomeMy WebLinkAbout1997-10-21; City Council; 14384; 1997-1998 Agreements For CDBG Funds- . CITY OF CARLSBAD - AGMDA BILL-’ 4B# /4;38y TITLE: /b-al - 9 7 APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS UITG. FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IEPT. H/RED RECOMMENDED ACTION: Adopt Resolution No. 9 3 - lb3 4 Development Block Grant Funds. to approve 1997-98 Subrecipient Agreements for federal Community ITEM EXPLANATION: On April 1, 1997, the City Council selected the organizations to receive federal Community Development Block Grant (CDBG) Entitlement funding for the 1997-98 program year. Prior to disbursing CDBG funding for the subrecipients, the City must complete the appropriate environmental reviews and execute a written agreement for the various approved project(s). Subrecipient agreements with two subrecipients have been prepared and are attached as Exhibit 2 for City Council review and approval at this time. The following subrecipients will receive CDBG funds for activities to benefit low and moderate-income Carlsbad residents: . Join Hands Save a Life Gang Prevention Program $ 10,000 . Catholic Charities La Posada de Guadalupe Homeless Shelter $ 6,000 As required by federal regulations, staff has completed the required environmental review documentation for the above CDBG funded projects. Staff has determined that the grants for these projects are exempt from environmental review under 24 CFR Section 58.34 (a)(4). The environmental review documentations for these projects are on file in the Housing and Redevelopment Department. FISCAL IMPACT: No fiscal impact on the General Fund. All of the projects will be funded through the CDBG program. EXHIBITS: 1. Resolution No. VI- ssq approving the 1997-98 Subrecipient Agreements for federal CDBG 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 CITY COUNCIL RESOLUTION NO. 97-634 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SUBRECIPIENT AGREEMENTS FOR THE CITY OF CARLSBAD’S 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, on April 1, 1997, the City Council of the City of Carlsbad, California selected the programs to receive funding under the City’s 1997-98 Community Development Block Grant (CDBG) Program; WHEREAS, the City Council of the City of Carlsbad, California has considered the required subrecipient agreements for 1997-98 Community Development Block Grant funds; WHEREAS, the City has determined that these Community Development Block Grant funded 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 Block Grant Subrecipient Agreements, on file in the City Clerk’s office, for the following organizations: Join Hands Save a Life/Gang Prevention Program and Catholic Charities /La Posada de Guadalupe Homeless Shelter. 3. That the Mayor is authorized to sign the Community Development Block Grant Subrecipient agreements on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, on the 21st day of October , 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSTAIN: None ABSENT: None CC Reso No. 97-634 “v’ ?i.,AUDE A. LEWIS,-M&or ATTEST: - AGREEMENT BETWEEN THE CITY OF CARLSBAD AND JOIN HANDS SAVE A LIFE FOR 1997-98 FEDERALCOMMUNIIY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this JANUARY 4 th day of 1998 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and JOIN HANDS SAVE A LIFE , 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 day care, after-school care, cultural enrichment, recreation, health care/immunization or self-improvement programs/activities for lower income Carlsbad youths; and, WHEREAS, the Subrecipient can provide these services for low and moderate income households with some assistance from the City; and, WHERBAS, the City has determined that the gang prevention program offered by Join Hands Save a Life is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEBEAS, 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. STATEMJZNT OF WORK The City has allocated 1997-98 federal Comnnmity Development Block Grant (CDBG) funds, in the amount of ten thousand dollars ($10,000) to the Subrecipient for administration and implementation of a gang prevention program located at 3528 Madison Street, 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 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 $10,000. 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 shah 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 federal regulations Section 570.504 which are incorporated herein by reference. 4. LABOR. MATERIALS AND SUPPLIES: The Subrecipient shah 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 $10,000 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 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 for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB Circular A-l 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 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 suffkient information to assist the City in monitoring the Subrecipient’s performance. The Subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. e. 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 client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, ethnic@, income level or other basis for determinin g 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-author&d 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 Subreciptent 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 3 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 b. 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. 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. 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 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 shah 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 insure to and shah bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 5 h 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 ($1,000,000) each, unl ess a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year first written above. JOIN HANDS SAVE A LIFE, a non-profit organization, p=AMH=Ny-t-E%lmI!m~ ‘cipal corporation of the State of California ” LEWIS, Mayor AlTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: r I RONALD R. BALL, Cit$7? ttomey i+TB 6 EXIH.IBT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: Address : JOIN HANDS SAVE A LIFE 3528 Madison Street Carlsbad CA 92008 Project Description: Gang prevention program, which provides constructive positive alternatives, focused on young people between the ages of 13 and 18. Project Goals & Objectives: (Please Attach Aaiiitional 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 if WBG funds will be used to find costs associated with sta#ing, rents, utilities, supplies, etc.) 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to low/moderate income Gzrlsbad residents with the WBGW awarded. If applicable, please provide a target objective for the number of persons/households to benejitfiom the Subrecipient’s services/project,) isfces. 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 fmal 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 EXIHIBT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1997 to June 30,1998 Subrecipient Name: JOIN HANDS SAVE A LIFE Address: 3528 Madison Street Carlsbad CA 92008 Project Description: Gang prevention program, which provides coustruqtive alternatives, focused on young people between the ages of 13 and 18. CATEGORY DESCRIPTION 1 AMOUNT 1 9vv~~-- /5;ceO~ - /q,oo’e - -, ~ooo-- * 10, 000. - ~U,oaa -- s, o&s&-- t I I I 8 - AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CATHOLIC CHARITIES FOR 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 12 th day of NOVEMBER 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and CATHOLIC CHARITIES, 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 supportive services to homeless or near homeless persons/families; and, WHEREAS, the Subrecipient can provide shelter and supportive services for homeless men with some assistance from the City; and, WHEREAS, the City has determined that the La Posada de Guadalupe homeless shelter operated by Catholic Charities 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 Develdpment 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 six thousand dollars ($6,000) to the Subrecipient for operation of the La Posada de Guadalupe shelter for homeless men located at 2472-2478 Impala Drive, 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. 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 Agr.eement. The reimbursements for costs shall not exceed a total of $6,000. 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 ihterest, 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 $6,000 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 - a. b. e. f. g- h. Records providing a full description of each activity undertaken; Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; Records required to determine the eligibility of activities; *Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB Circular A-l 10; and, Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly “Progress Reports” 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: C. 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; d. Age and ethnic background of Carlsbad participants; and, e. Summary of program(s) provided to Carlsbad participants. 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. 3 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 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 b. 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. 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. 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the 4 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, this agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient’s control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: 4 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 insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and 5 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 ($1 ,OOO,OOO) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year first written above. CATHOLIC CHARITIES, a non-profit organization, tate of California ATTEST: ALETHA L. RAUTENKRANZ, City Clerk \ APPROVED AS TO FORM: :,Q, 52 !\ ;;3 ’ y ‘21 ;;1112. I ‘. 1. 1 .‘, ; I. 6 EXIHIBT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: Subrecipient Name: Address: Project Description: July 1, 1997 to June 30, 1998 Catholic Charities - La Posada de Guadalupe Homeless Shelter 2472-2478 Impala Drive Carlsbad CA Operation of the La Posada de Guadalupe homeless shelter for homeless males, particularly farm workers and day laborers. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds will be used to fund the following activities in compliance with the project description outlined and in conformance with the Federal regulations for the CDBG program: (Please specza if CDBGfinds will be used to find costs associated with staflng, rents, utilities, supplies, etc.) To support partially the salary of a cook who prepares and provides food services to very low income homeless male res idents of Car 1 sbad 2. Project objectives to be accomplished during the contract period: (Please describe the specz& services or activities to be provided to low/moderate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/households to bene$t@om the Subrecipient’s services/project.) TOTAL CDBG SHARE to assist 475 unduplicated men to assist 95 unduplicated men to provide 16,000 person shelter days to provide 3,200 PSD to serve 42,000 meals to serve 8,400 meals 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. EXIHIBT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1997 to June 30,1998 Subrecipient Name: Address: Catholic Charities - La Posada de Guadalupe Homeless Shelter 2472-2478 Impala Drive Carlsbad CA Project Description: Operation of the La Posada de Guadalupe shelter for homeless males, particularly farm workers and day laborers. CATEGORY DESCRIPTION AMOUNT 1 Cash Receipts Carl <badce) + FESG EHAP FEMA Donations Catholic Charities Carlsbad CDBG (caDital1 Cal arv <llwrt. fnr rnnk fi.ann Salary surmort for casemanamti gP.737 Salary support for caseworker 16,743 Utilities, supplies 30,000 food, kitchen items 22,420 Rent 23,100 Reoair & rehabilitation 40.000 _, ,_ :-,,,:a ’ .~ir~sTotal C?$.Rec#s ’ .: _‘. ‘: - *__ a’,: ~~,:~;:+‘~G _) ~,$~,, _I ii .p; “.“,;.: ., . L,’ .; ‘;~$&~ ::;.?.,f Yt~p$,e,. .~i, i.f.; : ,::,g. .,**s:.l:*,;r*ar ‘<.:~+*. Crl ; ;:;jgo8~ & . Cash Disbursements 8 _,,-I __ _ I . -.... I.,, caI_ ..-_ - _. ,. CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION OF CATHOLIC CEIARITIES, II Ihe ollire 01 Ihe Stsitaq :’ ?‘J!c cl tt;c Slile of Miloa : OCT ‘2 1 1996 %. A COMMUNITY SERVICE MINISTRY OF TfIE DIOCESE OF SAN DKGO stl %Ks, ief&& of s!?? . Sr. RayMonda DuVall and Msgr. Daniel J. Dillabough, the undersigned, do certify that: % 1, They are the President and Secretary, respectively, of CATHOLIC CHARITLES, A COMMUNITY SERVICE MINISTRY OF THE DIOCESE OF SAN DIEGO (“Catholic Charities”), a California nonprofit corporation. w . 2. Article IV, Subparagraph (i) of the Articles of Incorporation is amended to read.in fillI as follows: “(i) The properties and assets of this corporatioa are hereby irrevocably dedicated to chariteblc purposes, On the winding up and dissolution of this corporation, tier paying or adquateIy providing for the debts, obligations and liabilities of the corporation, the remaining assets of this corporation shatl be distributed to such orgtition (or organizations) orgtized and operated exclusively for charitable, religious or educational purposes, or for the prevention of cruehy to children, as the Board of Directors shall dctermioe, which has established its tax-exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (or the corresponding provision of any fiture United States internal revenue law). ’ tick VIII of the Articles of Incorporation is vended to read in 111 as follows: ‘(a) The person who are the Directors of this corporation Eiom time to time shall be its only members and, OD ceasing to be a Director, any such person shall cease to be a member. “(b) lkre sbaR not be less than thirteen (13) and not more than twenty- five (25) members of this corporation “(c) There shall be one class of membership in this corporation, and the qualifications of the members of that class of membership shall be as set forth in the By- laws of this corporation.” Article IX of the Ankles of Incorpomtioa is deleted in its entirety. btp--i,--‘j 1 . lu:uI’ HI-1 LHL WkSl ESCROW s -. 9430122 P.04 ni I 3. The foregoing Amendment of the Articles of Incorporation has been duly approved by the board of directors. 4. The foregoing Amendment of the Articles of Incorporation has been duly approved by the required vote of the members, the member of the first class of membership and a majority of the second class of membership, We finher declare under penalty of pejury under the laws of the State of California that the matters set forth in the certificate are true and correct of our knowledge. - 244dw Sr. RayMazda DuVoll, - Western Institute Foundation for Mental HeaIth 119 South Ditmar Street Oceanside, CA 92054 (619) 433-9942 r f FAX (619)433-9948 Programs The Sam and Rose Stein Adult Day Centcr, Affiliated with North Coast Alzheimer’s Center 304 Seacrcst Way Encinitas, CA 92024 (619) 634-1922 FAX (6X9)6343485 Oceanside Alzhcimer’s Ccnter 119 South Ditmar Street @xaoside, CA 92054 (619) 433-9942 San Marcos Adult Day Ccntcr 233 S. Twin Oaks Vaitcy Road San Marcos,CA 92069 (619) 471-8798 Companion for Life 603 Seagaze Dr., Suite C Oecanside, CA 92054 (619) 433-7936 Community Care for Adults 119 South Ditmar Street Oceanside, CA 92054 (619) 433-9942 President Tom Fry Executive Dir&or Judy Caatcrbury, RN, MSN, GNP A Nonprofit Organizatioo Mission Statcmenu To provide optimal care to adults with cognitive and physical health impairments through adult day programs, respite care, in-home RESOLUTION The Board of Directors of the Western Institute Foundation for Mental Health do hereby resolve that applications for funding and contracts should be negotiated with: Area Agency on Aging City of Oceanside - CDBG City of Carlsbad - CDBG . City of Encinitas - CDBG City of Vista - CDBG City of Solana Beach City of San Marcos California Department of Aging : Contracts AL-9697-14 and AL-9697-36 , Those responsible for signing documents related to grants are: Judy Canterbury Tom Fry < Lillian Adams Candace Drolson This resolution was passed and adopted on May 15, 1996, at the regular meeting of the Board of Directors. Lillian Adams, Secretary monitoring se&xs, and community and caregiver support. ‘,, .I’- i ..;, :. .- .