Loading...
HomeMy WebLinkAbout1998-11-03; City Council; 14918; APPROVAL OF 1998-99 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSI ua CITY OF CARLSBAD - AGEN b A BILL - % i, (+ 0 RECOMMENDED ACTION: Adopt Resolution No. CI !? - 3.5 9 to approve 1998-99 Subrecipient Agree federal Community Development Block Grant funds. ITEM EXPLANATION: On March 24, 1998, the City Council selected the organizations to receive federal ( Development Block Grant (CDBG) Entitlement funding for the 1998-99 program yea disbursing CDBG funding for the subrecipients, the City must complete the i environmental reviews and execute a written agreement for the various approved proje Subrecipient agreements with four su brecipients have been prepared and are attachec 2 for City Council review and approval at this time. The following subrecipients VI CDBG funds for activities to benefit low and moderate income Carlsbad residents: Fraternity House, Inc, ADA and Other Improvements North County Health Services Catholic Charities Join Hands-Save a Life As required by federal regulations, staff has completed the required environmer 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 (2 environmental review documentation for these projects are on file in the Hoi Redevelopment Department. FISCAL IMPACT: No fiscal impact on the General Fund. All of the projects will be funded through t CDBG program. Facility Repairs and Renovations Facility Repairs and Renovations Gang Prevention Program CDBG funds. 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. 98-359 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAFUSBAD, CALIFORNIA, APPROVING SUBRECIPIENT AGREEMENTS FOR THE CITY OF CARLSBAD’S 1998-99 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, on March 24, 1998. the City Council of the City of Carlsbad. California selectc programs to receive funding under the City’s 1998-99 Community Development Block Grant (CDBC Program; WHEREAS. the City Council of the City of Carlsbad, California has considered the require( subrecipient agreements for 1998-99 Community Development Block Grant funds; WHEREAS, the City has determined that these Community Development Block Grant fund activities are exempt from envkonmental 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 1998-99 Community Development Block Gra Subrecipient Agreements, on file in the City Clerk’s office, for Fraternity House, Inc., Catholic Charities, Join Hands-Save a Life, and North County Health Services. 3. That the Mayor is authorized to sign the Community Development Block Grant Subrecip Agreements on behalf of the City of Carlsbad. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Carlsbad, California, on the 31-13 day of November , 1998, by the following vote, to wil AY~~: NOES: None ABSTAIN: None ABSENT: None Council Members Lewis, Finnila, Nygaard, Kulchin and Hall ATTEST: CCRESONO. 1 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FRATERNITY HOUSE, INC. FOR 1998-99 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this -3 c d day of Node YM &,e f 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“. 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 WORM The City has allocated 1998-99 federal Community Development Block Grant (CDBG) funds. in the amount of ten thousand dollars ($10,000) to the Subrecipient for remodel of Fraternitj House, a residential care facility, located at 20702 Elfin Forest Road, Escondido, Californis for the period beginning July 1, 1998 and ending June 30, 1999. The Subrecipient agrees tc 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 thc terms of the Annual Consolidated Plan. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety bj June 30, 1999. If the Subrecipient will be unable to expend all of the funds allocated to tht project by the noted date, the Subrecipient shall request an extension from the City fo- towards completing the subject project, the City will either agree to grant the extension o notify the Subrecipient that the funds must be reallocated to another eligible activity due to slov project progress. continued use of the funds on the approved project based on progress made by the Subrecipien 1 0 0 b 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $10,000, However, no more than 90 percent of the total agreed upon compensation will be paid during the performance of this Agreement. The balance due (remaining 10 percent) shall be paid upon final certification by the City that Subrecipient has administered the services and activities in compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the City. Payment fur eligible expenses shall be made in accordance to budget information provided in Exhibit "B" and in accordance with performance. Subrecipient represents that the budget includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds pursuant to 24 CFR Part 502. Subrecipient shall submit a "Request for Reimbursement" to the City for compensation of eligible and actual expenses incurred. The City shall not provide any payments/reimbursements in advance of actual expenditures by the Subrecipient. Subrecipient may request reimbursements anytime after this agreement is approved by the City Council and continue until the expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds are consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with all applicable Federal, state, and local rules and regulations governing these funds. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples of appropriate methods of reimbursement documentation. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any 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 $10,000 maximum as allocated by the City Council for program year 1998-99. 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 b. Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; 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, 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 regarding 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, 1999. 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 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. 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 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 year from the City of Carlsbad and/or any other city or agency, the Subrecipient is required to submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall be required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the term of this Agreement and is due not later than one year after expiration of the agreement. The Subrecipient shall also be required to submit a second audit for the following period covered under fiscal year beginning July 1, 1999 and ending June 30, 2000 for any funds received in fiscal year 1999-2000 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and The Subrecipient will not assume the City's responsibility for initiating the review b. 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 bj religious organizations, if applicable to this agreement and the approved project outlinec he re in. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be appoved by the City Council and the U.S Department of HUD. If the Subrecipient desires a change in the use of the CDBG fund following approval of this agreement, a written request must be submitted to the City fo review by the Council. No change in use of the CDBG funds will be permitted by the Cit! without prior formal approval by the Council. 7. 4 0 0 b 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. SUSPENSION AND TERRIIINATION 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. 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 codand 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 projecl or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without thc prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmlesi Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each o the parties hereto, and each of their respective heirs, executors, administrators, successors, an( assigns. 5 0 a 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or other funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. 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, ATTEST: * v .7 ALETHA L. RAUTENKRANZ, City Clerk' APPROVED AS TO FORM: -izb-Q-e RONALD R, BALL, City Attorney I /- 4 ~ yp, 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: 2585-D El Camino Real Carlsbad CA Remodel of a residential care facility for chronically ill men and women with AIDS to provide handicap accessibility. Project Goals & Objectives: (Please Attach Additional Sheets AS Necessary.) 1. CDBG funds will be used to fund the following activities in compliance with the project description outlined and in conformance with the Federal regulations for the CDBG program: (Please specify if CDBG funds will be used to fund costs associated with staffing, ren&s, utilities, supplies, etc.) Carlsbad CDBG funds will be used to iiiake improvelimits to our property at 20720 EKii Forest Road. These will include: iiistallatioii of thee conuiiercid toilets and a safety shower door, sink access adaptatious, rec room heat ik air and flooring and the iiistallatioii of nursing cabinet locks in the iiied rooiii. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to loorv/nioderate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persondhouseholdr to benefit from the Subrecipient‘s services/project.) Objective #1: To make all buildings and all nieczns of ingress and egress at 20702 Elfin Forest Rd. whcel chair accessible July 1, 1999. Objective #2: To create safe, hygienic and comfortable activities rooms in both the main house and rcconverted srable for rehabilitation activities by July 1, 1999. Objective #3: By Julie 30, 1999, to have provided 5,657 bed nights of Ilousing, 16.972 nourishing, hoiiiecooked Meals and 365 days of Nursing Care and SO0 hours of rehabilitation activities on site for the 30-40 men and woinen disabled by AIDS who we dI care for at Fraternity House during the 1995-99 grant year. 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. 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. Provide notification to the City of any audits or investigations including results, findings, and/or liens. c. d. 7 CATEGORY DESCRIPTION AMOUNT ~ --- ~~ ~ 0 0 i FRATERNITY HOUSE ADA ACCESS & QUALITY OF LIE PROJECT BUDGET EXPENSES FUNDER REVJ3NUES safety shower door S 1,000 City of Carlsbad $10,000 3 commercial toilets $ 1,500 access sink adapts $ 1,006) nursing cabinet locks $ 500 rec room flooring S 3,000 rec rum heat & air 8 3,000 stable bathroom $ 7,000 City of Encinitas $10,000 stable flooring $ 500 concrete access path $ 2,400 Rath Foundation $24,600 biohazard shed s 4300 stable heat & air $ 2,500 access driveway $12,000 stable sprinkler syst. $ 2,000 stable rampdrailings $ 900 shower access ramp $ 1,050 egress rampslrailings $ 1,750 TOTAL $44,600 $44,600 J 0 a t AGREEMENT BETWEEN THE CITY OF CARLSBAD AND NORTH COUNTY HEALTH SERVICES FOR 1998-99 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 3 r el day of Nov& m fi E@ 1998 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and NORTH COUNTY HEALTH SERVICES, a non-profit corporation, hereinafter referred to as “Subrecipient“. RECITALS WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer shelter and/or services to the homeless or near homeless or meet the basic needs of lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the rehabiltation of North County Health Services facility 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, THEREFOm, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORM The City has allocated 1998-99 federal Community Development Block Grant (CDBG) funds, in the amount of twenty thousand dollars ($40,000) to the Subrecipient for rehabilitation of facility located at 408 Cassidy Street, 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. I 0 0 * 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the rehabilitation of facility for the term of this Agreement. The reimbursements for costs shall not exceed a total of $40,000. However, no more than 90 percent of the total agreed upon compensation will be paid during the performance of this Agreement. The balance due (remaining 10 percent) shall be paid upon final certification by the City that Subrecipient has administered the services and activities in compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information provided in Exhibit “B” and in accordance with performance. Subrecipient represents that the budget includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds pursuant to 24 CFR Part 502. Subrecipient shall submit a “Request for Reimbursement” to the City for compensation of eligible and actual expenses incurred. The City shall not provide any payments/reimbursements in advance of actual expenditures by the Subrecipient. Subrecipient may request reimbursements anytime after this agreement is approved by the City Council and continue until the expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds are consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with all applicable Federal, state, and local rules and regulations governing these funds. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples of appropriate methods of reimbursement documentation. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any 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 AWD 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 $40,000 maximum as allocated by the City Council for program year 1998-99. 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 the CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; Records demonstrating compliance with the requirements in Section 570.606 regarding 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, 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. acquisition, displacement, relosarion, and replacement housing; 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, 1999. 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. 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; Summary of program(s) provided to Carlsbad participants. .. d. Age and ethnic background of Carlsbad participants; and, 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 €or 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 Subrecipient has been given official written notice, whichever occurs later. 3 0 0 If the Subrecipient shall receive more than $300,000 in total federal funds in one fiscal year submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall be required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the term of this Agreement and is due not later than one year after expiration of the agreement. The Subrecipient shall also be required to submit a second audit for the following period covered under fiscal year beginning July 1, 1999 and ending June 30, 200C for any funds received in fiscal year 1999-2000 per this Agreement. from the City of Carlsbad andlor any other city or agency, the Subrecipient is required to 6. PROGUM 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 an( regulations as described in Subpart K of the CDBG Program Regulations, such as affirmativel! furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation an( 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 reviev 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 b religious organizations, if applicable to this agreement and the approved project outline1 herein. CHANGES IN USE OF FbJS 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 fc review by the Council. No change in use of the CDBG funds will be permitted by the Cit without prior formal approval by the Council. 7. 4 0 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. 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 costlanc 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. 5 1 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: Address: Project Description: Rehabilitation of facility. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) I. CDBG funds will be used to fund the following activities in compliance with the project description outlined and in conformance with the Federal regulations for the CDBG program: (Please specify if CDBGfinds will be used to fund cosfs associated with stafing, rents, utilities, supplies, etc.) Repairs, replacement, and renovations to community health care facility. Tenant improvements will include, but is not limited to, accessibility of facility as required by ADA, repair of roofing, and expansion and renovation for greater efficiency of space. NORTH COUNTY HEALTH SERVICES 408 Cassidy Street Oceanside CA 92054 2. 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 AMUal Performance Report form as provided. d. Provide notification to the City of any audits or investigations including results, findings, andlor liens. 7 e e 1 EXHIBIT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1998 to June 30, 1999 Subrecipient Name: Address: Project Description: Rehabilitation of facility. Cost Breakdown: $40,000 renovation costs NORTH COUNTY HEALTH SERVICES 408 Cassidy Street Oceanside CA 92054 8 0 0 s AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CATHOLIC CHARITIES FOR 1998-99 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 9 THIS AGREEMENT, made and entered into as of this 3 r day of NO J€.u~I GC 14 1998, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and CATHOLIC CHARITIES, a non-profit organization, hereinafter referred to as “Subrecipient”. RECITALS WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer shelter or supportive services to homeless or near homeless persons/families; and WHEREAS, the Subrecipient can provide these shelter and supportive services for homeless men with some assistance from the City; WHEREAS, the City has determined that the rehabilitation of La Posada de Guadalupe Homeless Shelter is exempt from environmental review under 24 CFR Part 58, Section 58.35(a)(3); 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 1998-99 federal Community Development Block Grant (CDBG) funds in the amount of twenty thousand dollars ($20,000) to the Subrecipient for the rehabilitation tc include, but not be limited to, the storage and kitcheddining structures, including repair of tht roof on La Posada de Guadalupe Homeless Shelter located at 2472-2478 Impala Drive Carlsbad, California for the period beginning July 1, 1998 and ending June 30, 1999. Thc Subrecipient agrees to use all federal funds provided by the City to the Subrecipient pursuant tc the provisions of this Agreement, the Scope of Work, attached hereto as Exhibit “A”, and iI 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 b] June 30, 1999. If the Subrecipient will be unable to expend all of the funds allocated to thc project by the noted date, the Subrecipient shall request an extension from the City fo continued use of the funds on the approved project based on progress made by the Subrecipien towards completing the subject project, the City will either agree to grant the extension o notify the Subrecipient that the funds must be reallocated to another eligible activity due to slot project progress. 1 0 0 \ 2. DISBURSEMENT OF' FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $20,000. However, no more than 90 percent of the total agreed upon compensation will be paid during the performance of this Agreement. The balance due (remaining 10 percent) shall be paid upon final certification by the City that Subrecipient has administered the services and activities in compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information provided in Exhibit "B" and in accordance with performance. Subrecipient represents that the budget includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds pursuant to 24 CFR Part 502. Subrecipient shall submit a "Request for Reimbursement" to the City for compensation of eligible and actual expenses incurred. The City shall not provide any payments/reimbursements in advance of actual expenditures by the Subrecipient. Subrecipient may request reimbursements anytime after this agreement is approved by the City Council and continue until the expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds are consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with all applicable Federal, state, and local rules and regulations governing these funds. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples of appropriate methods of reimbursement documentation. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any 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 bt expended before additional funds are requested from the City. The requirements are set fort1 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 necessar] 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 $20,00( maximum as allocated by the City Council for program year 1998-99. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 2 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. SUC records shall include but not be limited to: 2 0 0 i a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; e. Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; g. Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB Circular A-1 10; and, h. Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" within fifteen (15) calendar days oj 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 ir monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactoq performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. e. 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 for the federal CDBG fund provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unitei States, or any of their duly-authorized representatives shall have access to all boob documents, papers and records maintained by the Subrecipient which directly pertain to th above project for the purpose of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial record: supporting documents and statistical reports related to the project identified under thi agreement for a period of three (3) years after the termination of all activities funded under th Agreement. All records subject to litigation, claims, audit findings, negotiations, or othc actions must be retained for three (3) years from the date such action commenced or unt completion of the action and resolution of all issues by the appropriate officials and th Total number of personslhouseholds participating in the program during reportec period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in thc program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. 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 year from the City of Carlsbad and/or any other city or agency, the Subrecipient is required to submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall be required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the term of this Agreement and is due not later than one year after expiration of the agreement. The Subrecipient shall also be required to submit a second audit for the following period covered under fiscal year beginning July 1, 1999 and ending June 30, 2000 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 Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning 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. Community Development Block Grants). The Subrecipient also agrees to adhere to the terms 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 JWNDS 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 without prior formal approval by the Council. b. 7. review by the Council. NQ change in use of the CDBG funds will be permitted by the City 4 0 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. 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. 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, 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. fines, or any damage to goods, properties, or effects of any person whatsoever, nor for 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 ASSIGNJ 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 0 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds andlor orher 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 ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as ol City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars the day and year first written above. CATHOLIC CHARITIES, a non-profit corporation, fhL hdL4-4 - Sister RayMonda Duvall, Executive Director ATTEST: A- - ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: - e 0. L- RONALD R. BALL, City Attorney //- q-7 fd 6 0 e EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1998 to June 30, 1999 Subrecipient Name: CATHOLIC CHARITIES Address: 349 Cedar Street San Diego, CA 92 10 1 Project Description: Rehabilitation of the storage and lutcheddining structures, including repair of the roof for La Posada de Guadalupe Homeless Shelter. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG fhds will be used to fund the following activities in compliance with the project description outlined and in conformance with the Federal regulations for the CDBG ’ renfi, utilities, supplies, etc.) program: (Please spec:fi fCDBGfinds will be used to fund costs associated with staflng, Rehabilitation of the storage and kitcheddining structures, including repair of the roof for La Posada de Guadalupe Homeless Shelter. 2. Project objectives to be accomplished during the contract period: (Please describe the spec$c services or activities to be provided to low/moderate income Carlsbad residents with the CDBG fund awarded. Ifapplicable, please provide a target objective for the number of persons/household to benefit fiom the Subrecipient ‘s sewicedproject.) a. Improve safety and general condition of homeless men’s dining room. b. Improve the integrity of the food storage unit. c. Improve hygiene in food preparation. 3. Project objectives performance measures: a. Provide quarterly performance reports to the City of Carlsbad, Houshg and Redevelopment Depment on the CDBG quarterly performance Report form as provided. b. Mainkin 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, andor liens. 7 0 0 EXHIBIT trB99 CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1998 to June30, 1999 Subrecipient Name: CATHOLIC CAHARKES Address: 349 Cedar Street San Diego, CA 92 108 Project Description: Rehabilitation of the storage and kitcheddming structures, including repair of the roof for La Posada de Guadalupe Homeless Shelter. $5,000.00 $8,000.00 20,000.00 Roof repair for the storage room.------------------- ---_-_l___l_______- _----------- Dmng room and kitchen roof q&s.----------- _-___--_________-_- ----------- .. Rehabilitation of floors for dining room, kitchen and dormitory----------------- $7.000.00 8 0 I AGREEMENT BETWEEN THE CITY OF CARLSBAD AND JOIN HANDS SAVE A LIFE FOR 1998-99 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this J ‘ d day of No ve m b Q r 1998 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City“, and JOIN HANDS SAVE A LIFE , a non-profit corporation, hereinafter referred to as “Subrecipient”. RECITALS WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer day care, after-school care, cultural enrichment, recreation, health care/immunization or self-improvement programs/activities for lower income Carlsbad youths; and, WHEREAS, the Subrecipient can provide these services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the gang prevention program offered by Join Hands Save a Life is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, 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, THEREFOW, 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 1998-99 federal Community Development Block Grant (CDBG) funds, in the amount of five thousand dollars ($5,000) to the Subrecipient for administration and implementation of a gang prevention program located at 3528 Madison Street, California for the period beginning July 1, 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 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. continued use of the funds on the approved project based on progress made by the Subrecipient 1 0 0 * 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $5,000. However, no more than 90 percent of the total agreed upon compensation will be paid during the performance of this Agreement. The balance due (remaining 10 percent) shall be paid upon final certification by the City that Subrecipient has administered the services and activities in compliance with all applicable Federal, state, and local rules and re ulations overnin these funds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information provided in Exhibit "B" and in accordance with performance. Subrecipient represents that the budget includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds pursuant to 24 CFR Part 502. Subrecipient shall submit a "Request for Reimbursement" to the City for compensation of eligible and actual expenses incurred. The City shall not provide any paymentsireimbursements 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 €or 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. 6 6 b 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 $5,000 maximum as allocated by the City Council for program year 1998-99. 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 8 b. Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; 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; 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, 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. g. 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, 1999. 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 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 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 lowlmoderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. 3 e a I If the Subrecipient shall receive more than $300,000 in total federal funds in one fiscal year submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall be required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the term of this Agreement and is due not later than one year after expiration of the agreement. The Subrecipient shall also be required to submit a second audit for the following period covered under fiscal year beginning July 1, 1999 and ending June 30, 2000 for any funds received in fiscal year 1999-2000 per this Agreement. from the City of Carlsbad and/or any other city or agency, the Subrecipient is required to 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 Id, 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 F"DS 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 0 0 1 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. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, this 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. 9. agreemenl may be suspended or terminated if the Subrecipient fails to comply with any term(s) 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 01 $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federa' regulations until five (5) years after expiration of the agreement; or, Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable tc expenditures of non-CDBG funds for acquisition, or improvement to, the property Reimbursement is not required after the period of time specified in paragraph (a) of thi! section. b) 11, HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties fines, or any damage to goods, properties, or effects of any person whatsoever, nor fo personal injuries or death caused by, or claimed to have been caused by, or resulting from, an! intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agents employees, or representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officer 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, includin; 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. 5 0 0 i- 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. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or other funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year first written above. JOIN HANDS SAVE A LIFE, a non-profit corporation, >A-L 4-5- FRANK ANTHONY SORINO Chief Executive Officer tate of California AT TEST: " ALETHA L. RAUTENKRhZ, City Clerk \ APPROVED AS TO FORM: RbNALD tQP-Len. R. BALL, City Attorney L 11- 9 - 78 6 0 0 t EXIHIBT "A" CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1998 to June 30, 1999 Subrecipient Name: Address: 3525 Madison Street Carlsbad CA 92008 Project Description: JOIN RANDS SAVE A LIFE Gang prevention program, which provides constructive positive alternatives, focused on young people between the ages of 13 and 18. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds will be used to fund the folIowing activities in compliance with the project description outlined and in conformance with the Federal regulations for the CDBG program: (Pleare specify if CDBG funds will be used to find costs associated with stajing, rents, utilities, supplies, etc.) Insurance, equipment, maintenance, security fence, camping & fishing, silpplies, word processing, staffing, field trips, van & transportation, taxes, accounting & bookeeping. 2. Project objectives to be accomplished during the contract period: (PIease describe the spec@ services or activities to be provided to low/moderate income Carisbad residents with the CDBGfunds awarded. If applicable, please provide a target objective for the number of persons/households ro benefit from the Subrecipient's services/project.) We are targeting the lowest income mast "at-risk" youth in the City of Carlsbad. Our objective is to keep youth's out of violent & distructive situaticns including gang and drug involvement. We do this by keeping them active 300 days a year, 6 days a week, 8 hours a day. We also relieve stress in their homes by not charging them or their families for our services, everything is free. 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 0 EXIHIBT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Co~tract Term: July 1, 1998 to June 30, 1999 Subrecipient Name: Address: 3528 Madison Street Carlsbad CA 92008 Project Description: JOIN HANDS SAVE A LIFE Gang prevention program, which provides constructive alternatives, focused on young people between the ages of 13 and 18. Category Description Amount Private/corporate Donations $15,000 F; 24,000 Fundraisers LJnitPd lhbv 5,nnn C .O -8.G. 5,000 Total Cash Receipts $59,000 Cash Disbursements Description Amounts Auto/travel/insurance $ 4,000 Taxes/Insurance/Fees 2,eee Program supplies/expenses 3,500 25,000 Salaries Payroll Taxes 2,750 Accountina i3 BookkeeDing 1 1 500 Telephone/Ut ilit ies/Rent 6,250 Employee Benefits 2,400 Norkers Compensation Ins. 2,500 mpnt/Ma i nt enanrp 600 Office suoolies/Postaae/Printing 700 PrnfPTsinnal FPPS 7; nnn Miscellanecus 800 Total Cash Disbursements $59,000 Excess (Deficit) Cash Receipts 8 a 0 - City of Carlsbad November 9, f998 Fraternity House 2588-0 El Camino Real Carlsbad, CA 92008 Enclosed for your reference are copies of City Council Agenda Bill No. 14,918 and Resolution No. 98-359. 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 1998-99 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. p// c3 KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive * Carlsbad, CA 92008-1 989 - (760) 434-2808 0 a - City of Carlsbad November 9,1998 North County Health Services 408 Cassidy Street Oceanside, CA 92054 Enclosed for your reference are copies of City Council Agenda Bill No. 14,918 and Resolution No. 98-359. 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 1998-99 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. +-x& KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1 989 - (760) 434-2808 e 0 - City of Carlsbad November 9,1998 Catholic Charities 349 Cedar Street San Diego, CA 92108 Enclosed for your reference are copies of City Council Agenda Bill No. 14,918 and Resolution No. 98-359. 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 1998-99 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. 4 aYd4 KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1 989 - (760) 434-2808 0 0 - City of Carlsbad November 9,1998 Join Hands Save A Life 3528 Madison Street Carlsbad, CA 92008 Enclosed for your reference are copies of City Council Agenda Bill No. 14,918 and Resolution No. 98-359. 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 1998-99 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 0 Carlsbad, CA 92008-1989 - (760) 434-2808