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.
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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
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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.
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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;
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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
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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.
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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.
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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.
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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:
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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
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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.
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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;
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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.
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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.
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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.
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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-
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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.
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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