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HomeMy WebLinkAbout1997-10-21; City Council; 14392; APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSP- I I, &A .s+- F.., i- '$C q2 * .'A2 .,*- .. >.$ ,?, .9 .%<*2 :x<- a. z 0 F 0 A 0 z 3 0 0 a - / 05 CITY OF CARLSBAD - AG I~DA BILL' yl, a P DEPT.HD. 1 AB# ,/qi 375 TITLE: APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS MTG. 10/21/97 FOR COMMUNITY DEVELOPMENT BLOCK GRANT CITY ATTY. _i FUNDS - DEPT. HlRED CITYMGR, ! RECOMMENDED ACTION: Adopt Resolution No. 9 /t - 6c%L 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 executl agreement for the various approved project(s). Subrecipient agreements with two subrecipients have been prepared and are attached as E> City Council review and approval at this time. The following subrecipients will receive CDBC activities to benefit low and moderate-income Carlsbad residents: to approve 1997-98 Subrecipient Agreements for federal ( b Lifeline Community Services Tenant Improvements $ 8,OOC b Community Care for Adults Alzheimer's Day Care Center $ 4,OOC As required by federal regulations, staff has completed the required environmental review docu for the above CDBG funded projects. Staff has determined that the grants for these projects a from environmental review under 24 CFR Section 58.34 (a)(l2) and (4). The environmen 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 progri EXHIBITS: 7 7 -6j qL I. Resolution No. approving the 1997-98 Subrecipient Agreements for fede 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. 97-642 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SUBRECIPIENT AGREEMENTS FOR THE CITY GRANT PROGRAM WHEREAS, on April 1, 1997, the City Council of the City of Carlsbad, California selec programs to receive funding under the City's 1997-98 Community Development Block Grant (( Program; OF CARLSBAD'S ~97-9s FEDERAL COMMUNITY DEVELOPMENT BLOCK WHEREAS, the City Council of the City of Carlsbad, California has considered the r( 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 (12); ant 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 Subrecipient Agreements, on file in the City Clerk's office, for the following organiz Community Care for Adults/Alzheimer's Day Care Center and Lifeline Corn Services/Rehabilitation and Improvements to Facility. 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 21st dayof October , 1997, by the followint to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSTAIN: None ABSENT: None CLAUbE A. LE'WIS, Mayor ATTEST: '7 -_ O??, ,<A ALETIIA L. RAUTENKRANZ, City CleltPc CCResoNo. 97-642 1 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FEDERAL COMMUNITY DEVELOPMENT BLOCK GWT F"DS LIFELINE COMMUNITY SERVICES FOR 1997-98 EM@? R tt THIS AGREEMENT, made and entered into as of this 19 day of Ndv 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 Governmeni under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 ar 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 provide food, shelter, clothing and, in some cases, health care or offer counseling and self- improvement programs/activities for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the social services offered by Lifeline Community Services 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 eight thousand dollars ($8,000) to the Subrecipient for rehabilitation, to include but not limited to the repair of the roof and the addition of doors and windows, of the Lifeline Community Services facility located at 200 Jefferson Street, Vista, California for the period beginning July 1, 1997 and ending June 30, 1998. The Subrecipient agrees to use all federal funds provided by the City to the Subrecipient pursuant to the provisions of this Agreement, the Scope of Work, attached hereto as Exhibit "A", and in accordance with the terms of the Annual Consolidated Pian. 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 su0ject 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 e 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable cost related to the rehabilitation of the facility for the term of this Agreement. The reimbursements for costs shall not exceed a total of $8,000. 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 thai 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 mannei satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information provided ir Exhibit "B" and in accordance with performance. Subrecipient represents that the 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 paymentslreirnbursements 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 $8,000 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 0 0 b. Records demonstrating each activity undertaken meets on of the National Objectives of thc 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 components of the CDBG program; g. Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB Circular A-1 10; and, applicable Federal, state, and local rules and regulations governing these funds. h. Any other related records as the City shall require to demonstrate compliance with The Subrecipient shall submit quarterly "Progress Reports" within fifteen (15) calendar days of the end of each quarter for the full term of this Agreement. ' The final progress report is due no later than July 15, 1998. The report must include sufficient information to assist the City in monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. e. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, ethnicity, income level or other basis for determining eligibility, and description of service provided. This data shall assist the Subrecipient in compieting 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. 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. agreement for a period of four (4) years after the termination of all activities funded under this 3 0 0 from the City of Carlsbad and/or any other city or agency, the Subrecipient is required tc submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipien shall be required to submit, to the City, a comprehensive financial audit prepared by ar independent, neutral third-party auditor. The audit shall cover financial operations of thc 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 for any funds received in fiscal year 1998-99 per this Agreement. following period covered under fiscal year beginning July 1, 1998 and ending June 30, 1999 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 The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Council. b. 7. 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the 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 shail 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 1 1, "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 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 partiek hereto have caused this agreement to be executed as ol the day and year first written above. LIFELINE COMMUNITY SERVICES, a non-profit organization, ATTEST: AATA* ALETHA L. RAUTENKRANZ, City Clerk ' APPROVED AS TO FORM: 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 Rehabilitation of the facility to include but not limited to the repair anc replacement of the roof and addition of doors and windows. 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 staffing, rents, utilities, supplies, etc.) Funds will be used for tenant improvements only. Lifeline Community Services offers a variety of services to low and moderate income persons through out the San Diego North County area. Such services include a comprehensive housing program, transportation services, mediation, and emergency assistance. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to low/moderate income Carlsbad residents with the CDBG finds awarded. If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient’s services/project.) Tenant improvements only. 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 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 Rehabilitation of the facility to include but not limited to the repair an( replacement of the roof and addition of doors and windows. Project Description: 8 0 LIFELINE COMM’ITY SERVICES OF NORTH SAN.DIEG0 CQrnTY - A Vnrted Way Member Agency / Funded by the Counv ofSan Dzego &nhaturng the poJtllve qudtly 4 wmmunrty l8e North County Lifeline, Inc. (also known as “Lifeline Community Servicesn and “Lifeline Coastal Community Services”) Board of Directors authorizes Shirley J. Cole, Executive Director, to submit proposals on behalf of North County Lifeline, Inc. , for services provided under, the mission statement of enhancing the positive qualities of individual, family and community life, The Board of Directors further authorizes Shirley J. Cole, Executive Director, to be the designated representative of North County,Lifeline, Inc., and as such, has the authorization to negotiate and contractually bind the agency. This authorization to request funds and serve as the authorized official is granted on behalf of Lifeline’s offices, located at 200 Jefferson Street, Vista, 92084 and 707 Mission Avenue, Oceanside, 92054. this resolution on January 2 7 , 1997 at a regularly scheduled meeting. There were ? ayes and 0 nos, with the resolution carrying. This resolution will be in efkct until January 31, 1998. North County Lifeline, Inc. board of Directors adopted .Y \ James L. H President, Board of Directors North County Lifeline, Inc. sb-c’\My Documents\Management\QOD Authorization Letter CMAIN OFFICE 200 Jefferson Street Vista, CA 92084 (619) 726-4900 FAX (619) 726-6102 ~- I IFF1 JNf T045TAI TOMWJNITY YFRVICF3 707 Mi\sion L-gw Avenue Oceanwie CA 92054 (619) 757 01 18 FAX (619) /\ f gr e e f .> r’! 0 b (I“ f AGRJ3EMENT BETWEEN THE CITY OF CARLSBAD AND vu /* COMMUNITY CARE FOR ADULTS FOR 1997-98 3 /> \- / 2 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS t /f THIS AGREEMENT, made and entered into as of this 12 th day of NOVEMBER ‘--.s”Et’ 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to a, “City”, and COMMUNITY CARE FOR ADULTS, 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 ai 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 meals, homemaking or personal assistance services, financial assistance services, counseling transportation, or shared housing or other housing related services for lower income elderly adults an( food, shelter, clothing and, in some cases, health care to meet the basic needs of lower incomt Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for low and moderate incomt households with some assistance from the City; and, WHEREAS, the City has determined that the adult day services for persons with Alzheimer’! disease or other mental dementia offered by Community Care for Adults 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, THEIWF’ORE!, in consideration of these recitals and the mutual covenants containec herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORM The City has allocated 1997-98 federal Community Development Block Grant (CDBG) funds in the amount of four thousand dollars ($4,000) to the Subrecipient for provision anc administration of adult day services for persons with Alzheimer’s Disease or other menta dementia through the Encinitas and/or Oceanside Alzheimer’s Day Care Center and the administrative offices located at 602 Civic Center Drive in Oceanside, California €or 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 01 1 0 e notify the Subrecipient that the funds must be reallocated to another eligible activity due to slo\ project progress. 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, 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 orily allowable costs and an accurate analysis of costs applicable to the CDBG funds pursuant to 24 CFR Part 502. Subrecipient shall submit a "Request for Reimbursement" to the City for compensation of eligible and actual expenses incurred. The City shall not provide any payments/reimbursements in advance of actual expenditures by the Subrecipient. Subrecipient may request reimbursements anytime after this agreement is approved by the City Council and continue until the expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds are consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with all applicable Federal, state, and local rules and regulations governing these funds. Payroll records, receipts, paid invoices including an itemized statement of all Costs are samples of appropriate methods of reimbursement documentation. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct result of the use of federal CDBG funds for the program outlined within this agreement. All reported program income may be retained by the Subrecipient for costs related to the subject program activities. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. The requirements are set forth in the 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 CFW 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 0 0 a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives of thc 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; 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 for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB Circular A-110; and, h. Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. e. Records demonstrating compliance with the requirements in Section 570.606 regardins The Subrecipient shall submit quarterly “Progress Reports” within fifteen (15) calendar days of the end of each quarter for the full term of this Agreement. The final progress report is due no later than July 15, 1998. The report must include sufficient information to assist the City in monitoring the Subrecipient‘s performance. The Subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. e. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, ethnicity, income level or other basis for determining eligibility, and description of service provided. This data shall assist the Subrecipient in completing the required quarterly progress reports to be submitted 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. 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 e a If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal yea from the City of Carlsbad and/or any other city or agency, the Subrecipient is required t( submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipien Shall be required to submit, to the city, a comprehensive financial audit prepared by ai independent, neutral third-party auditor. The audit shall cover financial operations of thl Subrecipient for the term of this Agreement and is due not later than one year after expiratio] of the agreement. The Subrecipient shall also be required to submit a second audit for thc following period covered under fiscal year beginning July 1, 1998 and ending June 30, 1995 for any funds received in fiscal year 1998-99 per this Agreement. 6. PROGRAM 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 review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are-set forth, by reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Council. .. b. 7. 4 e 0 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the provision of services and the equal opportunity employment of personnel. 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, 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 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 5 0 e Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each 01 the parties hereto, and each of their respective heirs, executors, administrators, successors, anc assigns, 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or 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 dollar: ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year first written above. COMMUNITY CARE FOR ADULTS, a non-profit organization, e of California ATTEST: li.Qid& kz?- ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: c 6 0 0 EXIHIBT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: Address: 602 Civic Center Drive Community Care for Adults Oceanside CA Provide day care and other services to persons suffering from Alzheimer’s Disease or other mental dementia. Project Description: Project Goals & Objectives: (Please Attach Additional Sheets As Necesiary.) 1. CDBG funds will be used to fund the following activities in compliance with the project description outlined and in conformance with the Federal regulations for the CDBG program: (Pfease specify if CDBG funds will be used to fund costs associated with staflng, rents, utilities, supplies, etc.) t VBW c?mG & Lud2 ,I.e .4.u-Ld ,% 2. Project objectives to be accomplished during the contract period: (Please describe the specoc services or activities to be provided to lowlrnoderate income Carlsbad residents with the CDBG funds awarded. rf applicable, please provide a target objective for the number of personslhousehofds to benefit from the Subrecipient‘s servicedproject.) 6 y@:ae -& 7$ [a -44 /&A*& * 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 F a a EXIHIBT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: Address: 602 Civic Center Drive Community Care for Adults Oceanside CA Provide day care and other services to persons suffering from Alzheimer’s Disease or other mental dementia. Project Description: 8