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HomeMy WebLinkAbout1998-11-03; City Council; 14917; APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSRECOMMENDED ACTION: Adopt Resolution No. 9 8 - 3 5 8 federal Community Development Block Grant funds. IT EM EXPLANATION : On April 1, 1997, the City Council selected the organizations to receive federal C Development Block Grant (CDBG) Entitlement funding for the 1998-99 progi Subrecipient agreements with two of the projects selected for funding have not been for approval until now as the subrecipient agencies responsible for the projects have ready to start the facility improvement projects. The agencies are now prepared to projects. Prior to disbursing CDBG funding for the subrecipients, the City must cot appropriate environmental reviews and execute a written agreement for the various to approve 1997-98 Subrecipient Agree1 Subrecipient agreements with two subrecipients have been prepared and are attached 2 for City Council review and approval at this time. The following subrecipients \~li CDBG funds for activities to benefit low and moderate income Carlsbad residents: Fraternity House, Inc. Michaelle House Expansion $' EVE Counseling and Crisis Services Family Recovery Center Renovations $ As required by federal regulations, staff has completed the required environmenl documentation for the above CDBG funded projects. Staff has determined that the these projects are exempt from environmental review under 24 CFR Section 58.34 (a environmental review documentation for these projects are on file in the HOL Redevelopment Department. FISCAL' IMPACT: No fiscal impact on the General Fund. All of the projects will be funded through tt 9 8 d 3 5 9 approving the 1997-98 Subrecipient Agreements fc CDBG funds. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 CITY COUNCIL RESOLUTION NO. 98-358 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 selectec programs to receive funding under the City’s 1997-98 Community Development Block Grant (CDE Program: OF CARLSBAD’S 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK WHEREAS, the City Council of the City of Carlsbad, California has considered the requirc subrecipient agreements for 1997-98 Community Development Block Grant funds; WHEREAS, the City has determined that these Community Development Block Grant fun 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 GI Subrecipient Agreements, on file in the City Clerk’s office, for Fraternity House, Inc. ai EYE Counseling and Crisis Services. That the Mayor is authorized to sign the Community Development Block Grant Subrec Agreements on behalf of the City of Carlsbad. 3. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Carlsbad, California, on the 3rd day of November , 1998, by the following vote, to v AYES: NOES: None ABSTAIN: None ABSENT: None Council Members Lewis, Finnila, Nygaard, Kulchin and Hall ATTEST: ALETHA L. RAUTENKRANZ, City Clerk CCRESONO. 1 1 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FRATERNITY HOUSE, INC. FOR 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 3 r G( day of hJ oy P M 5 e, r 1998, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and FRATERNITY HOUSE, INC., a non-profit corporation, hereinafter referred to as "Subrecipient 'I. 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; 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 persondfamilies or meet the basic needs of lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide this basic service for low and moderate income households with some assistance from the City; WHEREAS, the City has determined that the remodel of the residential care facility offered by Fraternity House is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(12); 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 ten thousand dollars ($10,000) to the Subrecipient for remodel of Michaelle House, a residential care facility, located at 687 Riviera Court, Vista, California for the period beginning July 1, 1998 and ending June 30, 1999. 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, 1999. 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 $10,000. However, nc more than 90 percent of the total agreed upon compensation will be paid during th, performance of this Agreement. The balance due (remaining 10 percent) shall be paid up01 final certification by the City that Subrecipient has administered the services and activities ij compliance with all applicable Federal, state, and local rules and regulations governing thes funds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information provided ii Exhibit "B" and in accordance with performance. Subrecipient represents that the budge includes only allowable costs and an accurate analysis of costs applicable to the CDBG fund pursuant to 24 CFR Part 502. Subrecipient shall submit a "Request for Reimbursement" to the City for compensation o eligible and actual expenses incurred. The City shall not provide any paymentsheimbursement in advance of actual expenditures by the Subrecipient. Subrecipient may reques reimbursements anytime after this agreement is approved by the City Council and continuc until the expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds arc consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and witl all applicable Federal, state, and local rules and regulations governing these funds. Payrol records, receipts, paid invoices including an itemized statement of all costs are samples o appropriate methods of reimbursement documentation. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direc result of the use of federal CDBG funds for the program outlined within this agreement. A1 reported program income may be retained by the Subrecipient for costs related to the subjec program activities. However, the program income, retained by the Subrecipient, must bc expended before additional funds are requested from the City. The requirements are set ford in the federal regulations Section 570.504 which are incorporated herein by reference. 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necessaq to provide the subject program as outlined in this agreement. Under this agreement, the City': only financial obligation to the Subrecipient is to provide the CDBG funds of $10,00( 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. Sucl 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 regardinj 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 €0 administration of each activity, and other financial records as required by 24 CFR Par h. Any other related records as the City shall require to demonstrate compliance wit1 applicable Federal, state, and local rules and regulations governing these funds. > 570.502, and OMB Circular A-110; and, The Subrecipient shall submit quarterly "Progress Reports" within fifteen (15) calendar days o the end of each quarter for the full term of this Agreement. The final progress report is due nc later than July 15, 1999. The report must include sufficient information to assist the City ii monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactoq performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. e. The Subrecipient shall maintain client data demonstrating client eligibility for service provided. Such data shall include at the minium 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 €or 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 thc above project for the purpose of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial records agreement for a period of three (3) years after the termination of all activities funded under thi Agreement. All records subject to litigation, claims, audit findings, negotiations, or othe actions must be retained for three (3) years from the date such action commenced or unti completion of the action and resolution of all issues by the appropriate officials and thc Total number of personshouseholds participating in the program during reportec period; Total number of participants from Carlsbad; Number of lowhoderate 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. supporting documents and statistical reports related to the project identified under thi 3 0 0 Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $300,000 in total federal funds in one fiscal yea1 from the City of Carlsbad and/or any other city or agency, the Subrecipient is required tc submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipien shall be required to submit, to the City, a comprehensive financial audit prepared by a1 independent, neutral third-party auditor. The audit shall cover financial operations of tht Subrecipient for the term of this Agreement and is due not later than one year after expiratior of the agreement. The Subrecipient shall also be required to submit a second audit for thr following period covered under fiscal year beginning July 1, 1999 and ending June 30, 2OO( for any funds received in fiscal year 1999-2000 per this Agreement. 6. PROGRAM REOUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federa Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the term: 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 a: described in Section 570.502 of the federal regulations for the CDBG Program; the federa requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws anc regulations as described in Subpart K of the CDBG Program Regulations, such as affirmative13 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 describe( 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 bj 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 Cio without prior formal approval by the Council. 7. 4 e 0 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in thl provision of services and the equal opportunity employment of personnel. SUSPENSION AND TEFNINATION OF AGREEMJ3NT 9. In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, thi agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 an( 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of thi agreement. 10. REPAYMENT OF GRANT F"DS Repayment of any and/or all of the CDBG funds paid to Subrecipient under this agreement wil be required if at any time during a five (5) year period from the execution of this agreement th use or planned use of such property changes from that for which the acquisition o improvement was made and the property no longer qualifies in meeting the national objective established for the CDBG program. The amount of repayment shall be prorated from the dat of disqualification to the end of the five (5) year period. 11. HOLD HARMLESS AGWEME!NT 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, aq intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agents employees, or representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officer and employees against any of the foregoing liabilities or claims of any kind and any cost/anc expense that is incurred by the City on account of any of the foregoing liabilities, includinl liabilities or claims by reason of alleged defects in any plans and specifications for the projec or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without th 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 c the parties hereto, and each of their respective heirs, executors, administrators, successors, an1 assigns. 5 0 a 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othei funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker's compensation and employers Iiability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year first written above. FRATERNITY HOUSE, a non-profit corporation, e State of California AlTEST: 4 QJJL &.L ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: 0. b RONALD R. BALL, City Attorney //. 5.n. 6 0 0 EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1998 to June 30, 1999 Subrecipient Name: FRATERNITY HOUSE Address: Project Description: 2588-D El Camino Real Carlsbad CA Expansion of a residential care facility for chronically ill men and women with AIDS from 6 beds to 12. Project Goals & Objectives: (Please Artach Additional Sheets As Necessary.) 1. CDBG funds will be used to fund the following activities in compliance with the project description outlined and in conformance with the Federal regulations for the CDBG program: (Please specifr if CDBGfundr will be used tofund costs associated with st@ng, rents, utilities, supplies, erc.) Carlsbad CDBG funds will be used in the expansion of Michaelle House to a twelve bed facility. Elements of the rehab covered by the Carlsbad cmtract will include septic tank replacement and leach line expansion, ceiling C% closet shelf/pole installation. 2. Project objectives to be accomplished during the contract period: (Pfease describe the specific services or activities to be provided to lowlmoderare income Carlrbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/househol& to benefit front the Subrecipient‘s services/project.) Objective #1: To create 3 new bedrooms, a wheel chair accessible bathroom and convert the three care garage hto common space for six additional beds by July I, 1999. Objective #2: To expand the current septic system to accommodate 6 more beds and expand the electric and heating systems to sewe the new living spaces by July 1, 1999. Objective #3: By June 30, 1999, to have provided 5,657 bed nights of Housing, 16,972 nourishing, home-cooked Meals and 365 days of Nursing Care to the 30-40 very low- income, men and women disabled by AJDS who will live and die in our two Residential Care Facilities (Fraternity House and Mkhaelle House) durins that year. 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, andlor liens. 3. Project objectives performance measures: 7 0 0 EXHIBIT “B” MICHAELLE HOUSE PHYSIC& EXPANSION PROJECT BUDGET EXPENSES FUNDER RIWENUES septic system $ 7,500 City of C‘ulsbad %10,000 ceiling installation S 1,900 closet she1Elpoles $ GOO walls & electical $ 7Q50 City of Encinitas $10,000 linen closets s 1,200 clod doors & paint $ 850 bathroom $ 4,500 city of Oceanside $ 9,900 carpeting $ 1,500 furnace ducting !$ 750 flooring % 1,450 service sink $ 700 garage patch & route 3 86) contingency I% 920 TOTAL $29,900 $29,900 e 0 AGmEMENT BETWEEN THE CITY OF CARLSBAD AND FEDERAL COMMllllVITY DEVELOPMENT BLOCK GRANT FUNDS EYE COUNSELING AND CRISIS SERVICES FOR 1997-98 - THIS AGREEMENT, made and entered into as of this 3 r a day of fiJ0 VFw E t R 1998, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as referred to as “Subrecipient”. “City” 7 and EYE COUM%ING .4ND CRISIS SERVICES, a non-profit corporation, hereinafter RECITALS WHEREAS, the City has applied for and received funds from the United States Governmeni under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer shelter or services to homeless or near homeless persons/families or meet the basic needs of lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide this basic service for low and moderate income households with some assistance from the City; WHEREAS, the City has determined that the rehabilitation of the Family Recover Center offered by EYE Counseling and Crisis Services is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(12); 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 fifteen thousand seven hundred fifty-three dollars and sixty-one cents ($15,753.61) to the Subrecipient for remodel of the Family Recovery Center, located at 1100 Sportfisher Drive, Oceanside, California for the period beginning July 1, 1998 and ending June 30, 1999. 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, 1999. 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 $15,753.61. Howeve1 no more than 90 percent of the total agreed upon compensation will be paid during th, performance of this Agreement. The balance due (remaining 10 percent) shall be paid up01 final certification by the City that Subrecipient has administered the services and activities iI compliance with all applicable Federal, state, and local rules and regulations governing thesc funds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information provided ii includes only allowable costs and an accurate analysis of costs applicable to the CDBG fund pursuant to 24 CFR Part 502. Subrecipient shall submit a “Request for Reimbursement” to the City for compensation ol eligible and actual expenses incurred. The City shall not provide any paymentsh-eimbursement: in advance of actual expenditures by the Subrecipient. Subrecipient may requesi 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 witk all applicable Federal, state, and local rules and regulations governing these funds. Payroll records, receipts, paid invoices including an itemized statement of a11 costs are samples of appropriate methods of reimbursement documentation. Exhibit ‘73” and in accordance with performance. Subrecipient represents that the budge reimbursements anytime after this agreement is approved by the City Council and continw 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 $15,753.61 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 tb 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 regardin; acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity component: of the CDBG program; 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. go Documentation of ail CDBG funds received from the City, eligible expenses incurred fo 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, 1999. The report must include sufficient information to assist the City ii monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactoq performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. c. d. e. The Subrecipient shall maintain client data demonstrating client eligibility for 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 three (3) 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 three (3) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. 3 0 0 Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $300,000 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 submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipier shall be required to submit, to the City, a comprehensive financial audit prepared by a independent, neutral third-party auditor. The audit shall cover financial operations of th Subrecipient for the term of this Agreement and is due not later than one year after expiratioi of the agreement. The Subrecipient shall also be required to submit a second audit for thl following period covered under fiscal year beginning July 1, 1999 and ending June 30, 200( for any funds received in fiscal year 1999-2000 per this Agreement. 6. PROGRAM REOUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federa Regulations, Part 570 (the Housing and Urban Development regulations concernin) Community Development Block Grants). The Subrecipient also agrees to adhere to the term of the City's CDBG Application and Subrecipient Agreement and with assurances anc agreements made, by the City, to the United States Department of Housing and Urbai 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 ana regulations as described in Subpart K of the CDBG Program Regulations, such as affirmative11 furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation ani 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 review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. b. 7, CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Council. 4 0 e 8. NBNDIXRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in thl provision of services and the equal opportunity employment of personnel. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, thi! agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s: of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 anc 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of thi: agreement. 9. 10. REPAYMENT OF GRANT FUNDS Repayment of any and/or all of the CDBG funds paid to Subrecipient under this agreement will be required if at any time during a five (5) year period from the execution of this agreement the use or planned use of such property changes from that for which the acquisition or improvement was made and the property no longer qualifies in meeting the national objectives established for the CDBG program. The amount of repayment shall be prorated from the date of disqualification to the end of the five (5) year period. 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 assigns. 5 0 e 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othei funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year first written above. EYE COUNSELING AND CRISIS SERVICES, a non-profit corporation, ATTEST: D AS TO FORM: LL ROkALD R. BALL, City Attorney - //- 4- 9k- 6 e 0 EXBUBT ;‘A’’ CITY OF CARLSBAD COMMU” DEvEUlpMENT BLOCK GRANTPROGRAM SCOPE OF WORTS Cornact Term: July I, 1998 to June30,1944 Subrecipient Name: Address: ProjectDescription: Rehabilitation of residential and outpatient facilii for substance abuse treatment and learning center for pregnant and patenting wmen and their children. EYE COUNSELING AND CRISIS SERWCES 200 N. Ash Ecoddo CA, 92027 Project Chals & Objectives: (Pleme Attads Addizional She.& As Nccessaty.) 1. CDBG funds will be used to fund the following activities in compliance with the project description outlined and in conformance with the Federal reguatioEls for the CDBG program: (Pkmre spec@ if CDBGfw& wilt be rcsed mw costs associazed with s&#ihg, rents, m-llties, mpp&s, e&-) City of Carlsbad CDBG funding wiH be used in conjundion with CDBG funding from the City of Oceanside for the purpose of rending two elements ofthe Famity Recovery Center. The two elements are renovation of the BASEMENT and renovation ofthe GUEST RESTROOMS. For the purpose ofths grant award ( $15.754). the scope of work will be limited to renovation of the basement. A pre-bid estimate for the total cost of basement renovation is $92,coO. Carlsbad CD6G funding will be used to okt the total renovation costs. 2. Project objectives ta be accomplished during the contract period: (&?erne dercribe the spcip~ services or activities to be provided to iow/mo&ate income CurW residents with the WBGfundr award&. gappmk, pk provide Q target objective fbr the number of ptmmslMh to &&from the Subrecipkent‘s smkes@rvj&.) Specific activities to be completed within the basement renovation include 1) a redesign and upgrade of bathrooms which will albv wheelchair accessibility; 2) new lighting; 3) dropped ceiling; 4) new ffooring; 5) door and window replacements; 6) wall coverings; removal of block wall; 7) disposal of old equipment; and, 8) removal of Wen stairwell and sealing of door way. Garlsbad funding will pay for a portion of same of these items. I! is impossible to determine exactly which items will be applied to Carlsbad CDBG funding because a line item bid package is not completed. Currently. the working drawings for the basement renovation are in “plan checlc with the City of Oceanside‘s Building Department. Once plans have been authorized. a bid package will be completed. The City of Oceans& CDBG st* @avid Hams) is assisting the EYE with preparing the bid package and all other facets of project implementation. 3. Project objectives performance measures: a. Provide quarterly performance reports to the City of Carkbad, Housing and Redevelopment Department on the CDBG Quarterly Performance Report form as provided. b. Maintain rwrds, invoices. and relevant statistics supportkg the quarterly reports. e. Provide a final performance report, including an evaluation report of the program’s ~ccess 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 Perfo- Report form as provided. d. Provide notification to the City of any audits or investigations inchding results, findings, and/or liens. 7 0 0 .I EX€F€IBT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ItuDsEE Contract Term: July 1, 1998 to June30, 1999 Subrecipient Name: Address: project Description: Rehabilitation of residential and outpatient facility for substance abuse treatment and learning center for pregnant and parenting women and their children. EYE Counseling and Crisis Services 200 N- Ash Escondido CA 92027 8 - November 9,1998 Fraternity House 2588-D El Camnio Real Carlsbad, CA 92008 Enclosed for your reference are copies of City Council Agenda Bill No. 14,917 and Resolution No. 98-358. These documents went before the Carlsbad City Council on November 3,1998, where they were approved. Also enclosed is a copy of the signed agreement for 1997-98 Community Development Block Grant Funds. If you have any questions regarding this agreement, please call Frank Boensch in the Housing and Redevelopment Department at (760) 2818. <& =- KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 * (760) 434-2808 a 0 - City of Carlsbad November 9, 1998 EYE Counseling and Crisis Services 200 N. Ash Escondido, CA 92027 Enclosed for your reference are copies of City Council Agenda Bill No. 14,917 and Resolution No. 98-358. These documents went before the Carlsbad City Council on November 3, 1998, where they were approved. Also enclosed is a copy of the signed agreement for 1997-98 Community Development Block Grant Funds. If you have any questions regarding this agreement, please call Frank Boensch in the Housing and Redevelopment Department at (760) 2818. K--- KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1 989 - (760) 434-2808