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HomeMy WebLinkAbout2003-09-23; City Council; 17319; Community Development Block Grant AgreementsTITLE: - AB# 17,319 MTG. 9-23-03 DEPT. H/RED APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENTS RECOMMENDED ACTION: Adopt Resolution No. / 2003-249 approving Community Development Block Grant Subrecipient Agreements. DEPT. HD.e C,TY ATTY.@2 CITY MGR.* ITEM EXPLANATION: On March 25, 2003, the City Council selected the organizations to receive federal Community Development Block Grant (CDBG) funds for the 2003-2004 program year. The selected organizations will receive funds for activities to benefit lower income Carlsbad residents. Funding agreements with the following organizations have been prepared for City Council review and approval. Boys and Girls Club Brother Benno Foundation Casa De Amparo Catholic Charities Heartland Human Relations Join Hands-Save a Life MAAC Meals on Wheels North County Community Services North County Health Services North County Lifeline North County Lifeline Wakeland Housing Women’s Resource Center YMCA Oz Teen Scene Program Brother Benno Center Shelter for Abused Children La Posada de Guadalupe Operations Fair Housing Program Youth Program After School Program Meal Delivery Service Food Bank Immunizations and Health Screening General Support Services After School Program Roosevelt Street Affordable Housing Shelter for Abused Women Youth Shelter $7,350 $7,500 $5,000 $9,850 $8,150 $7,500 $5,000 $5,000 $9,850 $7,500 $5,000 $5,000 $244,161 $5,000 $1 0,000 As required by federal regulations, staff has completed the required environmental review documentation for the above CDBG funded projects and determined that the grants for these projects are exempt from environmental review under 24 CFR Sections 58.34 (a)(4-12), or will result in no significant impact on the environment. FISCAL IMPACT: No fiscal impact on the General Fund. Funds will be provided through the federal CDBG program. EXHIBITS: 1. Resolution No. 2003-249 approving Subrecipient Agreements for federal CDBG funds. 2. 2003-2004 CDBG Subrecipient Agreements. (On file with City Clerk) DEPARTMENT CONTACT: Frank Boensch (760) 434-281 8, fboen @ci.carlsbad.ca.us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 2003-249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS BETWEEN THE CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. CARLSBAD AND SUBRECIPIENTS PARTICIPATING IN THE 2003-2004 WHEREAS, on March 25, 2003, the City Council of the City of Carlsbad, California selected programs to receive funding under the City’s 2003-2004 Community Development Block Grant (CDBG) program; and WHEREAS, the City Council of the City of Carlsbad, California, has considered the required subrecipient agreements for 2003-2004 Community Development Block Grant funds; and WHEREAS, the City has determined that these Community Development Block Grant funded activities will have no significant impact on the environment or are exempt from environmental review under 24 CFR Sections 58.34 (a)(4-12); 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 2003-2004Community Development Block Grant Subrecipient Agreements, on file with the City Clerk’s Office, for the following subrecipients and activities: Boys and Girls Clubmeen Scene Program Brother Benno FoundatiodBrother Benno Center Casa De AmparoIShelter for Abused Children Catholic CharitiesILa Posada de Guadalupe Shelter Heartland Human RelationsFair Housing Program Join Hands-Save a LifeIYouth Program MAAC ProjecdAfter School Program Meals on WheelsIMeal Delivery Program North County Health ServicesMealth Screening and Immunizations North County LifelineIGeneral Support Services North County LifelineIAfter School Program North County Community ServicesFood Bank Wakeland HousingRoosevelt Street Affordable Housing Women’s Resource CenterISheIter for Abused Women YMCA OZlYouth Shelter Ill Ill Ill Ill 1 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Mayor is authorized to sign the Subrecipient Agreements on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, on the 23rd day of SEPTEMBER ,2003, by the following vote, to wit: AYES: Council Members Lewis, Hall, Packard NOES: None ABSENT: Council Members Finnila, Kulchin ABSTAIN: None ATTEST: LORRAINE M. W-0 Resolution No. 2003-249 2 3 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BOYS AND GIRLS CLUB OF CARLSBAD FOR 2003-2004 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this - day of q,, 2 h , _2003 by and between the CITY OF CARLSBAD, a municipal corporation, here after referred to as “City“, and BOYS AND GIRLS CLUB OF CARLSBAD, 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 or services to homeless or near homeless persons/families or counseling ah self- improvement programdactivities for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that services offered by Boys and Girls Club of Carlsbad are 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 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 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of seven thousand three hundred fifty dollars ($7,350) to the Subrecipient for provision of a Teen Scene Program through their offices located at 3115 Roosevelt Street, Carlsbad, California for the period beginning July 1, 2003 and ending June 30, 2004. 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, 2004. If the Subrecipient will be unable to expend all of the funds allocated to the project by the noted date, the Subrecipient shall request an extension from the City for continued use of the funds on the approved project based on progress made by the Subrecipient towards completing the subject project, the City will either agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. 1 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $7,350. 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 paymentdreimbursements 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 $7,350 maximum as allocated by the City Council for program year 2003-2004. 5. RECORDS AND REPORTS 2 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. b. C. d. e. f. g. h. Records providing a full description of each activity undertaken; Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; Records required to determine the eligibility of activities; Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB Circular A-1 10; and, Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly “Progress Reports” within fifteen (15) calendar days of the end of each quarter for the full term of this Agreement. The final progress report is due no later than July 15, 2004. 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. Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad personslhouseholds participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, 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 3 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. If the Subrecipient shall receive more than $300,000 in total federal funds in one fiscal year from the City of Carlsbad andlor 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, 2004 and ending June 30, 2005 for any funds received in fiscal year 2004-2005 per this Agreement. 6. fiS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds 4 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. 5 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the provision of services and the equal opportunity employment of personnel. 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, this agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations uti1 five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees, or representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers and employees against any of the foregoing liabilities or claims of any kind and any 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 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. 6 13. 14. 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. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds andor 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 ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. Iff Iff Iff Iff Iff Iff Iff Iff Iff /If Iff Iff Iff 7 Executed by Subrecipient this - day SUBRECI PJENT: (name of-ecipienp-, of ATTES'T: City Clerk (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: / wy City Attorney 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I County of I rv, Name and Title of Oftice e g 'Jane boe, Notary Pu r1 On b I b 0 3 , before me,cybk\h E. &&. hbhJ'$?uh Date personally appeared \pioca I Name($ of Signer(s) kicharA B.dq WQ 0 personally known to me proved to me on the basis of satisfactory % ev ence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mv hand and official seal. Place Notary Seal Above +hdh.6-- Signature of Notary Public OPTlONA L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 3 Description of Attached Document Title or Type of Document: Number of Pages: Document Date: %- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual I TOO of thumb here 1 0 Corporate Officer - Title(s): I I U Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: u 0 1999 National Notary Association * 9350 De Soto Ave.. P.0. Box 2402 - Chalsworth. CA 91313-2402 * www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: Address: BOYS AND GIRLS CLUB OF CARLSBAD 3 115 Roosevelt Street, Carlsbad CA 92008 Project Description: Operation of a Teen Scene Program for youth from lower income Carlsbad households. Project Goals & Objectives: (Please Attach Additional Sheers 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 CDBGfunds wilt be used to find costs associated with staffing, rents, utilities, supplies, etc.) CDBG funds will be used to offset staffing costs associated with the Teen Scene Program 2. Project objectives to be accomplished during the contract period: (Please describe the spf?c@c services or activities IO be provided to low/moderate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient’s servicedproject.) The primary objective of the Teen Scene Program is to provide a safe haven where teens can participate in an array of programs targeted at building positive life skills. Programs are offered in the areas of education, socialization, athletics, arts and crafts, and recreation. All programs are designed to assist teens in decision making, conflict resolution, tolerance, empowerment and leadership development. Activities are directed by professionally trained staff who offer guidance and direction for over 150 teens. 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. 9 EXHIBIT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: Address: BOYS AND GIRLS CLUB OF CARLSBAD 3115 Roosevelt Street, Carlsbad CA 92008 Project Description: households. Operation of a Teen Scene Program far youth from lower income Carlsbad The total $7,350 grant amount will be used as reimbursement for staffing costs. 10 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BROTHER BENNO FOUNDATION FOR 2003-2004 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 2 b-kx, day of &&. 20aby and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and BROTHER BENNO FOUNDATION, a non-profit corporation, hereinafter referred to as "Subrecipient". R EC ITALS WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer shelter or services to homeless or near homeless persondfamilies or counseling and self-improvement prograrns/activities for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the services offered by Brother Benno Foundation are exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City's Annual Consolidated Funding Strategy and Plan for Community Development Block Grant funds (hereinafter referred to as the "Annual Consolidated Plan"). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of seven thousand five hundred dollars ($7,500) to the Subrecipient for provision of homeless services through their administrative offices located at 3260 Production Avenue, Oceanside, California for the period beginning July 1, 2003 and ending June 30, 2004. 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, 2004. 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 1 agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $7,500. 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 ail 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 “6 and in accordance with performance. Subrecipient represents that the budget includes only altowable cost6 and an accurate analysis of costs applicable to the COBG 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 shaN not provide any paymentsheimbursements 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 a11 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 $7,500 maximum as allocated by the City Council for program year 2 2003-2004. 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. b. C. d. e. f. h. Records providing a full description of each activity undertaken; Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; Records required to determine the eligibility of acfivities; Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; Records documenting compfiance 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, Any ather 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 (1 5) 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, 2004. 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. Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carfsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carfsbad participants; and, Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, 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 3 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 five (5) 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 five (5) 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, which ever occurs later. If the Subrecipient shall receive mare than $300,000 In total federal funds in one fiscal year from the City of Carlsbad andor 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 shalt be required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-pa* 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, 2004 and ending June 30, 2005 for any funds received in fiscal year 2004-2005 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 comptiance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by 4 reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Council. 8. NONDISCRIMINATION .CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the provision of services and the equal opportunity employment of personnel. 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 far convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been 5 12. 13. 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. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City. 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. 14. INSURANCE . If the Subrecipient shall receive more than $5,000 from the City in CDBG funds andlor other funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker's compensation and emplbyers 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. 6 Executed by Subrecipient this &3y day of SUBRECIPIENT: (name of Subrecipient Twh +WLQ9QQ&dDm 1 L, By: 4 ?- (print namelfitle) 1- ATTEST: (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(@ signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I County of an (\\en 0 1 ss. On A I before me, p& I C \U\* e fPSC 9, ~crfnvv bbli< .. Name and Tdle of Onlcer (e 9, Jane Doe N ary Public') Date I \L,t\.c.f personally appeared l-kkm \rQ Gbxnc~wQ Name(s) 01 Signer(s) personally known to me 2 proved to me on the basis of satisfactory evidence to be the person@ whose nameM islaw subscribed to the within instrument and acknowledged to me that he/&&ky-executed the same in his/- authorized capacityw, and that by his/k&kir signaturw on the instrument the personrpl, or the entity upon behalf of which the person(s) acted, executed the instrument. %tlnbhrrE Of NOlaN Publlc OPTIONAL Though the intonation below IS not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment ot thrs form to another document Description of Attached Document Title or Type of Document: &&fQ.Q,mU, Document Date: . )Urn, Number of Pages: 4 Signer(s) Other Than Named Above: r mn(3 - - Capacity(ies) Claimed by Signer Signer's Name: hVO\&- kUKW Q. L+!e. r II Individual 0 Corporate Officer - Title(s): .- 0 Partner - 3 Limited C General n Attorney-in-Fact 0 Trustee 0 Guardian or Conservator I pother: c9n &om %*-7 fb~u\O 5 - Signer Is Representing: Q 1999 National Notary Association . 9350 De Sola Ave , PO. Box 2402 * Chatsworlh. CA 91313-2402 wwnationalnolary.org Prod NO. 5907 Reorder: Call Toll-Free 1-800-876-6827 1 COUNTY OF 1 STATE OF C }ss . (or proved to me on the basis of satisfactory evidence) to be the person@) whose name@) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person@) or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. n I Title of Document I I Date of Document No. of Pages I I Other signatures not acknowledged 3008 (1194) (General) First American Title Insurance Company EXHIBIT “A’ CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: Brother Benno Foundation Address: 3260 Production Avenue, Oceanside CA 92054 Project Description: persons. Provide food, clothing and other social services for homeless and needy Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds wit1 be usad to fund the foltowing activities in compliance with the project description outlined and in conformance with the Federal regulations for the CDBG program: (Plese speciq if CDBG funds will be used to fund costs associated with staffing, rents, utilities, supplies, etc.) Funds will be used to help pay for utilities needed to operate the Brother Benno Center 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to low/modera te income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient’s services/project.) Provide congregate feeding six days a week. Provide food packs, clothing, diapers, and blankets for working poor families. Provide a residential recovery program for addicted people. Provide case management, showers, mail service, etc. for guests. 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 I i en s . 8 EXHIBIT “By’ Contract Term: CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Subrecipient Name: Address: Project Description: Project Budget: July 1, 2003 to June 30,2004 Brother Benno Foundation 3260 Production Avenue, Oceanside CA 92054 Provide food, clothing and other social services for homeless and needy persons. AIL funds will be used to help pay for utilities needed to operate the Brother Benno Center. 9 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CASA DE AMPARO FOR 2003-2004 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS + THIS AGREEMENT, made and entered into as of this 26 X!d day of 20a by and between the CITY OF CARLSBAD, a municipal co poration, hereinafter referred to as "City", and CASA DE AMPARO, 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 or services to homeless or near homeless persons/families or counseling and self-improvement programs/activities for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the services offered by Casa de Amparo are exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, ' WHEREAS, the US. 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 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of five thousand dollars ($5,000) to the Subrecipient for operation of a shelter for abused, neglected and abandoned children through their offices located at 3355 Mission Avenue, Oceanside, California for the period beginning July 1, 2003 and ending June 30, 2004. 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, 2004. If the Subrecipient will be unable to expend all of the funds allocated to the project by the noted date, the Subrecipient shall request an extension from the City for continued use of the funds on the approved project based on progress made by the Subrecipient towards completing the subject project, the City will either agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. 1 2. 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 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 paymentdreimbursements 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 shalt 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 2003-2004. 2 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives of the 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 wmpliance with applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" within fifteen (1 5) 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, 2004. 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. Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persondhouseholds participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, 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 3 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 five (5) 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 five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $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 fiscat year beginning July 1, 2004 and ending June 30, 2005 for any funds received in fiscal year 2004-2005 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved 4 project outlined herein. 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Council. 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the provision of services and the equal opportunity employment of personnel. 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts $5.43 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 andlor the award is terminated for Convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees, or representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City and its 5 12. 13. 14. officers and employees against any of the foregoing liabilities or claims of any kind and any costland expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications for the project or facility. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City. 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. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or other funds, the Subrecipient shall obtain afld 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 ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. 6 Executed by Subrecipient this SUBRECIPIENT: (name of Subrecipient By: Ul! i.k4t& @% AflLBW day of ehhs fl trh I 6XPP. D/ r. (print n a mb/t i t I e) ATTEST: By: (sign he re) (print namehitle) (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFQ or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 7 1 STATE OF CALI }ss . COUNTY OF 1 personally appeared (s />p3 t pH €AJE/d , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(&) is/a* subscribed to the within instrument and acknowledged to me that he/she/thby executed the same in Wher/thbir authorized capacity(bs), and that by Ris/her/their signature($) on the instrument the person(s) or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. n Signat &d- (This area for o&id notarial seal) I Title of Document 1 Date of Document No. of Pages 1 Other signatures not acknowledged 3008 (11%) (General) First American Title Insurance Company EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANTaPROGRAM Contract Term: Subrecipient Name: Address: Project Description: SCOPE OF WORK July 1, 2003 to June 30,2004 CASA DE AMPARO 3355 Mission Avenue Suite 238, Oceanside CA 92057 Operation of a shelter for abused, neglected and abandoned children. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds wilt be used to fund the foltowing 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, rents, utilities, $uppl&s, etc.) Funds will be used to cover a portion of the cost of providing 3 meals and 3 snacks each day to the children sheltered in the Casa Crisis Center. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to low/moderafe income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient’s services/project.) Funds will be used to help pay for meals provided to children sheltered at Casa de Amparo. 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 I ie ns . 8 EXHIBIT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: CASA DE AMPARO Address: 4070 Mission Avenue, Oceanside CA 92068 Project Description: Operation of a shelter for abused, neglected and abandoned children. All funds will be used to offset the cost of providing meals to children at Casa de Amparo. 9 .. Mailing Address All Locations PO. Box 410 San Luis Rey. CA 92068-0410 Website: wv.casadeamparo.org Administration Office, Suite 238 Family Support Services, Suite 215 Phone: 760-754-5500 Fax: 760-757-0792 3355 Mission Avenue Oceanside. CA 92054-1303 D/EAMPARg Programs Serving Email: cdamparo@aol.com Abused ChUren and Famiies Crisis Center (Residential) Child Assessment Center Phone: 7GO-754-5510 FLY: 760-754-5504 (Deliveries Only) 4070 Mission Avenue Oceanside. CA 92057-6497 Email: cdcrisiscenter@sol.com Child Development Center Phone: (760) 439-4149 Fax: (7GO) 439-4139 (Deliveries Only) 5306 North River Road Oceanside. CA 92057-3804 Email: cddevcenter@aol.com BOARD RESOLUTION The Board of Directors authorizes the Executive Director, Sharon Delphenich, to sign contracts on behalf of Casa de Amparo. Secretary, Casa de An$aro Board of Directors Joe ?alas Chairperson, Casa de Amparo Board of Directors Date AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CATHOLIC CHARITIES FOR 2003-2004 THIS AGREEMENT, made and entered into as of this ;16#day of 20d by and between the CITY OF CARLSBAD, a municipal to as "City", and CATHOLIC CHARITIES, 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, thr3 City has the need to provide assistance to non-profit public service providers who offer slhelter or services to homeless or near homeless persons/families or counseling and self-improvement programs/activities for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for low and moderate income households with same assistance from the City; and, WHEREAS, the City has determined that the shelter and supportive services offered by Catholic Charities are exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City's Annual Consolidated Funding Strategy and Plan for Community Development Block Grant funds (hereinafter referred to as the "Annual Consolidated Plan"). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of nine thousand eight hundred fifty dollars ($9,850) to the Subrecipient for provision of a shelter and supportive services for the homeless through their facility located at 2472 Impala Drive, Carlsbad, California for the period beginning July 1, 2003 and ending June 30, 2004. 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 accortiance 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, 2004. 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 1 agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $9,850. 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 eligale expenses shaH be made in accordance to budget information provided in Exhibit "B and in accordance with performance. Subrecipient represents that the budget includes only allowable casts and an accurate analysis of costs applicable to the CDBG funds pursuant to 24 CFR Part 502. Subrecipient shalt submit a "Request for Reimbursement" to the City for compensation of eligible and actual expenses incurred. The City shall not provide any paymentdreimbursements 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 $9,850 maximum as allocated by the City Council for program year 2 2003-2004. 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. b. C. d. e. f. h. Records providing a full description of each activity undertaken; Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; Records required to determine the eligibility of activities; Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; Records documenting comptiance with the fair housing and equal opportunity components of the CDBG program; Documentation of afl 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, Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" within fifteen (15) calendar days of the end of each quarter for the full term of this Agreement. The final progress report is due no later than July 15, 2004. 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. 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(@ provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, ethnicity, income level or other basis for determining eligibility, and description of service provided. This data shall assist the Subrecipient in completing the required quarterly progress reports to be submitted to the City. The Subrecipient shall maintain separate accounting records for the federal CDBG funds provided by the City. The City, Federal Grantor Agency, Comptroller General of the United States, or any of their duly-authorized representatives shall have access to all 3 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 five (5) 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 five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $300,000 in total federal funds in one fiscal year from the City of Cartsbad and/or any other city of 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 camprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shalt 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 atso be required to submit a second audit for the following period covered under fiscal year beginning July 1, 2004 and ending June 30, 2005 for any funds received in fiscal year 2604-2005 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 compiy with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by 4 reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Council. 8. NONDlSCRlMlNATlQH 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. SUSPENSEON AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of 'Federal Regulations, this agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been 5 12. 13. 14. Ill Ill Ill 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. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City. 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 patties hereto, and each of their respective heirs, executorS, administrators, successors, and assigns. INSURANCE, If the Subrecipient shall receive more than $5,000 from the City in CDBG funds andlor other funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($l,OOO,OOO) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. 6 Executed by Subrecipient this SUBRECIPIENT: (name of Subrecipient By: day of (sign here) (Proper notarial acknawledgment of execution by Subrecipient must Be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 DATE NAME, TITLE OF OFFICER - E G , “JANE DOE NOTARY PUBLIC” personally appeared 8s/m @h!flOd@ &UML &personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personm whose nameof) is/- subscribed to the within instrument and ac- knowledged to me that M/she/wy executed the same in ?y$/her/tMr authorized capacity(w), and that by w/her/flx$r signaturem on the instrument the personw, NOTARY PUBLIC .CALIFORNIA or the entity upon behalf of which the person(@ acted, executed the instrument. WITNESS my hand and official seal. NAME(S) OF SIGNER(S) fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ’ TITLE OR TYPE OF DOCUMENT TITLE@) NUMBER OF PAGES , DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 I I I 1 On db@e aOu before me, @m . !\073&,Y && 4&, prf\ld wms ' DATE NAME, TITLE OF OFFICER E GI =IANE DOE, NOTARY PUBLIC" I personally appeared 9 ' &personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person0 whose namew) is/@ I subscribed to the within instrument and ac- knowledged to me that Iy$/she/tWy executed I the same in M/her/€?&ir authorized I I capacity(m), and that by w/her/Mir I I signatureo on the instrument the person(&$, NAME@) OF SIGNER(S) I I I I i i 1 or the entity upon behalf of which the personDQ) acted, executed the instrument. WITNESS my hand and official seal. I I I I I I SIGNATURE OF NOTARY I OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE t36TYPE OF DOCUMENT TITLE@) _c 0 PARTNER(S) 0 LIMITED 0 ATTORNEY -I N-FACT TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: GENERAL NUMBER OF PAGES , 1 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P 0. Box 7184 * Canoga Park, CA 91309-7184 CATHOLIC CHARITIES Administrrrtion RESOLUTION WHEREAS: A. Catholic Charitie , ,AC mn- inity Service Ministry of the Diocese of San Diego (Catholic Charities), is a nonprofit corporation; and B. Catholic Charities is eligible to apply for and receive, during calendar year 2003, local, State, and federal funds: NOW THEREFORE LET IT BE RESOLVED THAT: 1. The Board of Directors of Catholic Charities and the Most Reverend Robert H. Brom, Chairman, hereby authorize Sister RayMonda DuVall, the Executive Director/President, to apply for, negotiate, and administer the fmal terms of funding agreementdcontracts, revisions, amendments, and renewals with government entities, and to sign them on behalf of Catholic Charities. PASSED AND ADOPTED by the Catholic Charities Board of Directors this 1 6th day of January 2003. Catholic Charities A COMMUNITY SERVICE MINISIXY Diocese of San Diego 349 Cedar Street, SanDiego, California92101-3197 Tel. (619) 231-2828 Fax (619) 232-3807 Member Agency of United Way - Member Agency of Catholic Charities USA EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1 , 2003 to June 30,2004 Subrecipient Name: CATHOLIC CHARITIES Address: 349 Cedar Street, San Diego CA 92101 Project Description: Operation of a shetter and supportive services for adult males. 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 asociated with staffing, rents, utilities, supplks, etc.) Funds will be used to reimburse Catholic Charities for the costs ot food, utilities, and phone, fax and cell phone related charges. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to lo wlmoderate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient‘s services/project.) Approximately 300 adult males will be provided with food, shelter and case management services. 3. Project objectives performance measures: a. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopment Department on the CDBE 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. 8 EXHIBIT “By’ Contract Term: Subrecipient Name: Address: CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Project Description: Food: Utilities: BUDGET July 1, 2003 to June 30,2004 CATHOLIC CHARITIES 349 Cedar Street, San Diego CA 92101 Operation of a shelter and supportive services for adult males. $1,350.00 $7,000.00 Phone, fax and cell phone related charges: $1,500,00 Total $9,850,00 9. AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS HEARTLAND HUMAN RELATIONS AND FAIR HOUSING ASSOCIATION FOR 2003-2004 THIS AGREEMENT, made and entered into as of thisA6day of 2003 by and between the CITY OF CARLSBAD, a municipal corporatioh, hereinafter referred to as ”City”, and HEARTLAND HUMAN RELATIONS AND FAIR HOUSING ASSOCIATION, a non-profit corporation, hereinafter referred to as “Subrecipient”. II RECITALS WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer shelter or services to homeless or near homeless persons/families or counseling and self-improvement programs/activities for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services low and moderate income households with scime assistance from the City; and, WHEREAS, the City has determined that the services offered by Heartland Human Relations and Fair Housing Association are exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEREAS, the US. 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 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of eight thousand one hundred fifty dollars ($8,150) to the Subrecipient for provision of homeless services through their administrative offices located at 1068 Broadway, El Cajon, California for the period beginning July 1 , 2003 and ending June 30, 2004. 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, 2004. 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 1 agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasdnable 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 $8,150. 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 "€3" 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 paymentsheimbursements in advance of actual expenditures by the Subrecipient. Subrecipient may request reimbursements anytime after this agreement is approved by the City Council and continue until the expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds are consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with all applicable Federal, state, and local rules and regulations governing these funds. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples of appropriate methods of reimbursement documentation. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct result of the use of federal CDBG funds for the program outlined within this agreement. All reported program income may be retained by the Subrecipient for costs related to the subject program activities. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. The requirements are set forth in the federal regulations Section 570.504 which are incorporated herein by reference. 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to provide the subject program as outlined in this agreement. Under this agreement, the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $8,150 maximum as allocated by the City Council for program year 2 2003-2004. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives of the 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 compiiance 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 regutations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" within fifteen (7 5) 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, 2004. 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. Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, 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 rec0rd.s 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 3 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 five (5) 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 five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $300,000 Sn 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, 2004 and ending June 30, 2005 for any funds received in fiscal year 2004-2005 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by 4 reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Council. 8. NONDlSCRlMlNATlQN 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 AN0 TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, this agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been 5 caused by, or resulting from, any intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees, or representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers and employees against any of the foregoing liabilities or claims of any kind and any costland expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications for the project or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provi$ions 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. I 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds andlor 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 ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. 6 Executed by Subrecipient this / 0 dayof ,r- , 20a. SUBRECI PI ENT: ATTEST: U City Clerk (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer mu$t sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assisfant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of , County of On &fi c /& ago3 before me, /- Name and Title of 06cer (erg., “Jane Ow, hotary l%bli) I V/~S lVrfzei.~r L9,.s F/rfl CA , I Name@) of Signer(s) -0R- Mproved to me on the basis of satisfactory evidence to be the person(s) whose /’ name(s) &/are subscribed to the within instrument and acknowledged to me that t$’&/they executed the same in t&h&/their authorized capacity(ies), and that by M/I?€?r/their signature(s) on the instrument the person(s), or the entity upon 4uw !j; 2083 I. ------------------OPT/ONAL-------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: 0 Individual 0 Corporate Officer 0 Titles(s): 0 Partner -ef4 Limited c] Attorney-in-Fact c] Trustek 0 Guardian or Conservator c] Other: General Signer Is Representing: Signer’s Name: 0 Individual 0 Corporate Officer 0 Title(s): 0 Partner-• Limited 0 General 0 Attorney-in-Fact 0 Trustee Guardian or Conservator 0 Other: I I I I Signer Is Representing: EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: Heartland Human Relations and Fair Housing Association Address: 1068 Broadway, El Cajon, CA 92021 Project Description: Activities will include conducting seminars, distribute literature on fair housing, monitor related legislation, respond to inquiries related to fair housing or tenant/landlord issues from the public, and process and resolve discrimination complaints received from Carlsbad residents. Project Goals & Objectives: (Please Attach Additional Sheets As Necessa~.) 1. CDBG funds will be used to fund the following activities in compliance with the project description outlined and in conformance with the Federal regulations for the CDBG program: (Please specify if CDBG funds will be used to fund costs associated with staffing, rents, utilities, supplies$ efc.) Increase awareness of Fair Housing Laws for tenants, managers, owners and the community at large. Respond to Carlsbad residents who allege discriminatory treatment in housing or tenantllandord disputes. CDBG funds cost of personnel, overhead, printing, mileage and supplies. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to low/moderate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient’s services/project.) 0 Assist 8 residents with filing discrimination complaints. 0 Provide 9 fair housing presentations to property management classes, apartment association and community groups in the area. 0 Respond to inquiries from 55 residents concerning fair housing or tenant/landlord issues. 3. Project objectives performance measures: 0 Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopment Department on the CDBG Quarterly Performance Report form as provided. 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. 8 EXHIBIT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: Heartland Human Relations and Fair Housing Association Address: 1068 Broadway, El Cajon, CA 92021 Project Description: Activities will include conducting seminars, distribute literature on fair housing, monitor related legislation, respond to inquiries related to fair housing from the public, and process and resolve discrimination complaints received from Carlsbad residents. The total grant of $8,150 will be used to help pay for staffing costs, office Supplies, utilities, and other operational expenses. 9 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS JOIN HANDS SAVE A LIFE FOR 2003-2004 THIS AGREEMENT, made and entered into as of thisaday of ,dd&&v 20K by and between the CITY OF CARLSBAD, a municipal corporation, hehinafter 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 eligibte activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer shelter or senlkes to homeless or near homeless persodfamilies or counseling and self-improvement programdactivities for lower income Carlsbad residents; and, WHEREAS, the Sobrecipient can provide these basic services for tow 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 68, Section 58.34(a)(4); and, WHEREAS, the US. 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 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of seven thousand five hundred dollars ($7,500) to the Subrecipient for provision of a gang prevention program located at 3528 Madison Street, Carlsbad, California for the period beginning July 1, 2003 and ending June 30, 2004. 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, 2004. 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 1 reallocated to another eligible activity due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $7,500. 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 comptiance 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 shalt be made in acc~rdance to budget information provided in Exhibit ‘‘6’’ and in accordance with performance. Subrecipient represents that the budget ineludes only allowable costs and an accurate analysis of costs applicable ta the CDBG funds pursuant to 24 CFR Part 502. Subreciplent shalt submit a “Request for Reimbursement” to the City for mmpensation 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 $7,500 maximum as allocated by the City Council for program year 2 2003-2004. 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. b. C. d. e. f. h. Records providing a full description of each activity unde Records demonstrating each activity undertaken meet o Records required to determine the eligibility of activities; Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; Documentation of ali CDBG funds received from the City, eligible exg3ense-s incurred for administration of each activity, and other financial records as required by 24 CFR Part 570,502, and OMB Circular A-110; and, Any other related records as the City shall require to demonstrate cornplance with applicable Federal, state, and local rules and regulations governing these funds. n; f the National Objectives of the CDBG program; @ The Subrecipient shall submit quarterly "Progress Reports" within fifteen (1 5) 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, 2004. 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. Total number of personshouseholds 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 Cartsbad participants; and, Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, 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 3 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 five (5) 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 five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $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, 2004 and ending June 30, 2005 for any funds received in fiscal year 2004-2005 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by 4 reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Council. 8. N 0 N DISC R I M IN An,ON, CLAUSE The Subrecipient shall comply with atf state and federal laws regarding nondiscriminWm in the provision of services and the equal opportunity employment of personnel, 9. SUSPENSION AND TERMINATION OF AGREEMENT In accwdance 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 compfy with any term(s) of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been 5 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 €he 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 CD8G funds andlor 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 Resojution 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. Ill Ill Ill Ill 6 Executed by Subrecipient this 7 day SUBRECI PIENT: Join Hshdr Sve A (name of Subrecipient By: a (sign here) ' ATTEST: By: (sign here) (print namehitle) (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or vice-president and secretary, assistant secreQry, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the Secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 7 . .- State of California 1 County of San Diego ) on & a3 Before me, Gary S. Nessim, Notary Public, personally personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/= subscribed to the within instrument and acknowledged to me that he/sh&ky executed the same in his/ha&hekauthonized capacity(ies), and that by hdh*ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. appeared7 F~hk Pi~~kl?o~y 5r'r k 0 - 2 Signature (Seal) PUBLIC-CALIFORNIA EXHIBIT “A’ CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: JOIN HANDS SAVE A LIFE Address: 3528 Madison Street, Carlsbad CA 92008 Project Description: Operation of a gang prevention program for youths from lower income households. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds wiff be used to fund the following activities in compbance with the project description outlined and in conformance with the Federal regutations for the CDBG program: (Please specify if CDBG funds will be used to fund costs associated with staffing, rents, utilities., supplies, etc.) CDBG funds will be used for day to day operating expenses including staffing, equipment, insurance, transportation related costs, supplies, field trips and other program related expenses. 2. Project objectives to be accomplished during the contract period: (Pleflsse describe the specific services or activities to be provided to low/moderate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient’s services/pmject.) Program objective is to offer attractive after-school and weekend activities for “at risk” low income Carlsbad youth. Approximately 300 Carlsbad youth will participate in the program activities. 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 I ie ns . 8 EXHIBIT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: JOIN HANDS SAVE A LIFE Address: 3528 Madison Street, Carlsbad CA 92008 Project Description: Operation of a gang prevention program for youths from lower income households. All CDBG grant funds to be used for costs r&a&d to staffing, insurance, transportation, bookkeeping and other operational expenses. 9 JOIN HANDSSAVE A LIFE 3528 Madison stree( calkbad, CA 92008 (160) m-0540 / Resolution of the Board of Directors of Join Hands Save A Life of November 20,2000 We, the members of the Join Hands Save a Life Board of Directors, do hereby authorize Frank Anthony Sorino to sign all Community Development Block Grant agreements and related documents with the City of Carlsbad. From ais day forward, or until the Board of Directors approves a new signee. By unanamous vote by the Board of Directors of Join Hands Save A Life on November 20, 2000. Sincerely, N&’11P Salvador Velazquez, M.D. Chairman of the Board of Directors of Join Hands Save A Life. AGREEMENT BETWEEN THE CITY OF CARLSBAD AND METROPOLITAN AREA ADVISORY COMMITTEE ON ANTI-POVERTY (MAAC) PROJECT FOR 2003-2004 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this&&( day of &&&% 20 b3 by and between the CITY OF CARLSBAD, a municipal corporation; heieinafter referred to as “City”, and METROPOLITAN AREA ADVISORY COMMITTEE ON ANTI-POVERTY (MAAC) PROJECT, 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 or services to homeless or near homeless persons/families or counseling and self-improvement programdactivities for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the services offered by the Metropolitan Area Advisory Committee on Anti-Poverty (MAAC) Project are 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 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 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of five thousand dollars ($5,000) to the Subrecipient for rovision of after school program services through their offices located at 22 W. 35 Street, National City, California for the period beginning July 1, 2003 and ending June 30, 2004. 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. R Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by June 30, 2004. 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 1 agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this 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 regulations governing these funds, and in a manner satisfactory to the City. Payment for eligibie 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 allowabfe 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 paymentsheimbursements 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 rutes 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 shalt 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 2 2003-2004. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives of the 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 comp#ance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing an6 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 OM6 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 of the end of each quarter for the full term of this Agreement. The final progress report is due no later than July 15, 2004. 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. Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, 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 3 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 five (5) 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 five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $300,0Sa in total federal funds in one fiscal year from the City of Carlsbad and/or any other city or agency, the Subrecipient is required to submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall be required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the term of this Agreement and is due not later than one year after expiration of the agreement. The Subrecipient shall d$o be required to submit a second audit for the following period covered under fiscal year beginning July 1, 2004 and ending June 30, 2005 for any funds received in fiscal year 2004-2005 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by 4 reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Council. 8. NONDISCRIMINATION CLAUSE The Subreciplent shall comply with all state and fedef8f laws regarding nondiscrimination In the provision of sewices and the equal opportunity employment of personnel. 9. SUSPEMSION 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 compfy 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 Regufations are set forth, by reference, as provisions of this agreement, 10. 11. REVERSJON OF~ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 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 5 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 Q,R ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmless Agreement," all terns, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heir6, executors, administrators, succegwrs, and assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in COBG funds andlor 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. Ill Ill Ill Ill 6 Executed by Subrecipient this SU BRECl PI ENT: A~~~A/;A~IJ Am Adknr L~mh;tfe (name 6f Subrecipient #N day of By: (sign here) ATTEST: City Clerk (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attao4 a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney 7 ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF San Diepo 1 >ss On Aumst 7,2003, before me, Karen M. Aleio, personally appeared Mitchell L. Thompson, personally know to me 1 to be the persono whose name@ islrtre subscribed to the within instrument and acknowledged to me that he/&eAhey executed the same in his- authorized capacity@), and that by hishedtheir signature# on the instrument the person@ or the entity upon behalf of which the person@ acted, executed the instrument. WITNESSFand and official seal. P My Commission Expires: bd" 30 EXHIBIT “A’ CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: Metropolitan Area Advisory Committee on Anti-Poverty (MAAC) Project Address: 22 W. 35‘h Street, National City CA 91950 Project Description: Operation of an after school program for young people. 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: (Pleats@ specify if CDBG funds will be used to fund costs associated with staffing, rents, utilities, supplies, etc.) Funds will be used to offset the cost of staffing, equipment and supplies for the after school program. 2. Project objectives to be accomplished during the contract period: (Please describe the specific servhs or activities tu be provided to low/moderate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient’s services/project.) After school program will be provided to approximately 50 lower income Carlsbad residents. 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 I ien s . 8 EXHIBIT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: Metropolitan Area Advisory Committee on Anti-Poverty (MAAC) Project Address: 22 W. 35‘h Street, National City CA 91 950 Project Description: Operation of an after school program for young people. Cost Breakdown: All $5,000 in grant funds Will be utilized to offset the cost of staffing, equipment and supplies to operate the program. 9 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MEALS ON WHEELS FOR 2003-2004 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this %day of 2063 by and between the CITY OF CARLSBAD, a municipal corporation,hred to as "City", and MEALS ON WHEELS, 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 shetter or services to homeless or near homeless persons/families or counseling and self-improvement programs/activities for tower income Carlsbad residents; and, WHEREAs, the Sobrecipient can provide these basic services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the services offered by Meals on Wheels are 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 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 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of five thousand dollars ($5,000) to the Subrecipient for provision of services through their offices located at 2254 San Diego Avenue, San Diego, California for the period beginning July 1, 2003 and ending June 30, 2004. 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, 2004, If the Subrecipient will be unable to expend all of the funds allocated to the project by the noted date, the Subrecipient shall request an extension from the City for continued use of the funds on the approved project based on progress made by the Subrecipient towards completing the subject project, the City will either agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. 1 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $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 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 ‘‘6’’ 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 paymentslreimbursements 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 rufes 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 $5,000 maximum as allocated by the City Council for program year 2003-2004. 2 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; e. Records demonstratlng compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity component$ of the CDBG program; g. Documentation of all CDBG funds received from the City, eligiMe 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 (1 5) calendar days of the end of each quarter for the full term of this Agreement. The finat progress report is due no later than July 15, 2004. 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. Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, 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 3 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 five (5) 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 five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $300,000 in total federal funds in one fiscal year from the City of Cartsbad andor 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, 2004 and ending June 30, 2005 for any funds received in fiscal year 2004-2005 per this Agreement. 6. PROGRAM REQUtREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. 4 7. 8. 9. 10. 11. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Council. 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. REVERS1ON.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 reat property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement: or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 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 5 the project outlined in this agreement. 12. 13. 14. Ill Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers and employees against any of the foregoing liabilities or claims of any kind and any costland expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications for the project or facility. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shalt insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CD6Q funds andlor 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. 6 EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: Meals on Wheels Address: 2254 San Diego Avenue, San Diego, CA 921 10 Project Description: Operation of a meal defiery program for seniors or others in need of the service due to physical disabilities. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds will be used to fund the folbwing activities in compliance with the project description outlined and in conformance with the Federal regutations for the CDBG program: ( Wease specify if CDBG funds will be used to fund costs associated with staffing, rents, utilities, suppliess etc.) Funds will be used to offset the cost of purchasing meals for delivery. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to low/moderate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient’s services/project.) Meals will be delivered to approximately 40 lower income Carlsbad residents. a. b. C. d. 3. Project objectives performance measures: Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopment Department on the CDBG Quarterly Performance Report form as provided. 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. 8 EXHIBIT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: Meals on Wheels Address: 2254 San Diego Avenue, San Dieog CA 921 10 Project Description: Operation of a mea! delivery program for seniors or others in need due to physical disabiiites. Cost Breakdown: All funds will be used to offset the cost of put‘Gha&tg meals. 9 Executed by Subrecipient this day of 120-. SUBRECIPIENT: (name of Subrecipient By: [sffi here) ATTEST: V City Clerk (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer mud slgn for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 Cn-L/fiWdh $W Ole??- NAME, TITLE OF OFFICER - E 0, "JANE DOE, NOTARY PUBLIC" personally appeared am B4-rLq 0 personally known to me - OR - NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name@) idare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. -- SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT OF t,tlccseAa rcl~a my7pa Q(v W-LC - *cocw,GMu A6-mr 0-m TITLE OR TYPE OF DOCUMENT WNdL ATTORNEY-IN-FACT NUMBER OF PAGES NO 3erC rC a- bl&ueL> DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(1ES) SIGNER(S) OTHER THAN NAMED ABOVE MmLs i9N wl+t=eLs 01993 NATIONAL NOTARY ASSOCIATION - 8236 Rernrnet Ave , P 0 Box 7184 Canoga Park, CA 91309-7184 ALL-PURPOSE ACKNOWLEDGMENT DESCRIPTION OF ATTACHED DOCUMENT: Agreement between citv of Carlsbad and Meals on Wheels - Block Grant Title or type of document Number of pages No date as of date siqned Date of document STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On June 18,2003, before me, the undersigned, Notary Public, personally appeared George E. Olmstead, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. n AGREEMENT BETWEEN THE CITY OF CARLSBAD AND NORTH COUNTY COMMUNITY SERVICES FOR 2003-2004 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 20b3 by and between the CITY OF CARLSBAD, a municipal corporation;&&rred to as "City", and NORTH COUNTY COMMUNITY SERVICES, a non-profit corporation, hereinafter referred to as "Subrecipient". THIS AGREEMENT, made and entered into as of this 3 day of 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-pfofit public service providers who offer services for elderly lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the services offered by North County Community Services are exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City's Annual Consolidated Funding Strategy and Plan for Community Development Block Grant funds (hereinafter referred to as the "Annual Consolidated Plan"). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of nine thousand eight hundred fifty dollars ($9,850) to the Subrecipient for provision of food bank services through their offices located at 1554 Creek Street, San Marcos, California for the period beginning July 1, 2003 and ending June 30, 2004. 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, 2004. 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 1 reallocated to another eligible activity due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $9,850. 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 "6" 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 paymentdreimbursements 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 $9,850 maximum as allocated by the City Council for program year 2003-2004. 2 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; 'b. Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliame with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; e. Records demonstrating compliance with the requirement6 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 CDBQ 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 (1 5) 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, 2004. The report must include sufficient information to assist the City in monitoring the Subrecipient's performance. The Subreoipient must demonstrate satisfactory performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. c. d. e. Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, 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 3 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 five (5) 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 five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive mort? than $390,000 in total federal funds in one fiscal year from the City of Carlsbad andor 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 shalt 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, 2004 and ending June 30, 2005 for any funds received in fiscal year 2004-2005 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 regutations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. 4 The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Council. 8. NONDlSCRlMlNATlQN 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 acGotbdnce with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, this agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations untit five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omission of 5 12. 13. 14. Subrecipient or Subrecipient's agents, employees, or representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers and employees against any of the foregoing liabilities or claims of any kind and any costland expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications for the project or facility. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmless Agreement," all terms, conditions, and provifsluns hereof &ail insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. INSURAPdCF 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 emptoyers 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. I 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. 6 Executed by Subrecipient this 30 day of &hJ? ~ ,2093. SUBREClPl ENT: By: D#?a4dL rlcer La, €YEC un vIC, (sign here) (print namehitle) 0 IPECpi By: (sign here) (print name/title) ATTEST (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 6 37. LkSY h3- Name and Tdle o( Onicer (eTg.. 'Jane Dw. NotaT Public? On TUM h 30, am2 before me, c+@ 9 Daw personally appeared %h &E A. ucf24cc-l Name@) 01 Slgner(s) 0 personally known to me $(proved to me on the basis of satisfactory to be the person(d) whose name@ ishe subscribed to the within instrument and acknowledged to me thatketshe/tbey- executed the same in Mherltkeir authorized capacityw and that by kislherltbdf signaturwon the instrument the persow or the entity upon behalf of which the persow acted, executed the instrument. WITNESS hand and official seal. Ld& Signature of Notary Public Though the information below is not required by law. if may prove valuable to persons relying on the documenf and could prevent fraudulent removal and reaftachrnent of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer -Title@): 0 Partner - 0 Limited 0 General 17 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1999 National Notary Asmiahon * 9350 De Solo Ave.. P.O. Box 2402 Chatswotih. CA 91313-2402 ww.nationalnolaw.org Prod. No. 5907 Reorder Call Toll-Free lgo0-876-68r?? EXHIBIT “A CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: NORTH COUNTY COMMUNITY SERVICES Address: 1554 Creek Street, San Marcos, CA 92069 Project Description: Provide food bank services for North County agencies serving lower income persons. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds will be used to fund the fobwing activities in compliance with the project description outlined and in eonformance with the Federal regulations for the CDBG program: (Please specify if CDBG funds will be used to fund cmts associated with staffing, rents, utilities, supplies, etc.) Grant funds wilt be used to help pay facility lease costs and staffing costs. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to low/moderate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persondhouseholds to benefit from the Subrecipient‘s services/proec?.) Food bank services will be provided to approximately forty agencies serving over 900 Carlsbad residents. 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 I i en s. 8 EXHIBIT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Contract Term: Subrecipient Name: Address: Project Description: Cost Breakdown: BUDGET July 1, 2003 to June 30,2004 NORTH COUNTY COMMUNITY SERVICES 1554 Creek Street, San Marcos, CA 92069 Provide food bank services for North County agencies serving lower income persons. All grant funds will be used for facility lease payments and/or staffing costs. 9 NORTH COUNTY COMMUNITY SERVICES 1554 CREEK ST., SAN MARCOS, CA 920269 -B oARD RESOLUTION .. . .. . . .- . . .. .. .. . . . . .. .. DATE: 03/18/2003 FROM: NCCS BOARD OF DIRECTORS -- BOARD ACTION: _- 1) THE NORTH COUNTY COMMUNITY SERVICES BOARD OF DJRECTORS STATE, BY A QUORUM VOTE, THAT DARLINE ULRICH, EXECUTIVE DIRECTOR, MAY APPLY FOR FUNDS ON THE AGENCY'S BEHALF 2) THE NORTH COUNTY COMMUNITY SERVICES BOARD OF DIRECTORS STATE, BY A QUORUM VOTE, THAT DARLINE ULRICH, AMENDMENTS TO CONTRACTS AND LEGALLY SIGN ON THE AGENCY'S BEHALF. EXECUTIVE DIRECTOR, MAY EXECUTE CONTRACTS, t- .*. APPROVED BY A QUORUM VOTE ON MARCH 18,2003. DON CARLSON, PRESIDENT OF THE BOARD DIRECTOR DAFUNE ULRICH, EXECUTIVE 1 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND NORTH COUNTY HEALTH SERVICES FOR 2003-2004 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this may of &. 2063 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 or services to homeless or near homeless persons/families or counseling and self-improvement programs/activities for fower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic service$ for low and moderate income households with some assistance from the City: and, WHEREAS, the City has determined that services offered by North County Health Services are exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City's Annual Consolidated Funding Strategy and Plan for Community Development Block Grant funds (hereinafter referred to as the "Annual Consolidated Plan"). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of seven thousand five hundred dollars ($7,500) to the Subrecipient for the provision of health services through their offices located at 3050 Madison Street, Carlsbad, California for the period beginning July 1, 2003 and ending June 30, 2004. 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, 2004. 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 1 2. 3. agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. 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 $7,500. 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 "6 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 paymentsheimbursements 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. 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 2 CDBG funds of $7,500 maximum as allocated by the City Council for program year 2003-2004. 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. b. C. d. e. f. h. Records providing a full description of each activity undertaken; Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; Records required to determine the eligibility of activities; Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, dispiacement, relocation, and replacement housing: Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; Documentation af 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, 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 (1 5) 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, 2004. 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. Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. , The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, 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 3 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. If the Subrecipient shalt 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 shalt 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, 2004 and ending June 30, 2005 for any funds received in fiscal year 2004-2005 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 Devetopment regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Appkation and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. 4 The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Council. 8. NONDISCRIMlNATION 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 Regutations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient’s control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person 5 whatsoever, nor for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees, or representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers and employees against any of the foregoing liabilities or claims of any kind and any costland expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications for the project or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any mantes due thereunder without the prior written consent of the City. 13. SUCCESSORS, OR, ASSlGNS Subject to the provisions of this Subrecipient Agreement Paragraph 7 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, succeseors, and assigns. 14. INSURANCE If the Subrecipient shall receive more than $1 1,600 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 ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shalt be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. 6 Executed by Subrecipient this SUBRECl PIENT: (name of Subrecipient day of 3SiLnb COtk By: -- CSk (sign here) By: (sign here) (print nameltitle) (Proper notarial acknowtedgrnent of execution by Subrecipient must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of cfi\ib(h(h County of On 4 30 103 before me, 5hc-w N 3: 6ChJ tkl 5ah 7h I e %Q I date Name ani liMa d Officer (e g , 'Jane Dbe. Notary Publd) personally appeared 3.xu-vm Cob , Name($) of Signer@) @personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ShTG(k Signature of Notary Public OPTIONAL Though the infomation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: CPBh Document Date: Number of Pages: A-4 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer@) Signer's Name: ZkWLicLb 0 Individual M Corporate Officer Title(s): C% 0 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: I I Signer Is Representing: I I Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee- 0 Guardian or Conservator 0 Other: I I I I Signer Is Representing: I I Reader Call Tdl-Free 1.800-876-6827 0 1995 Nalional Nolan/ kisociallon - 8236 Rernrnel Ave . PO Box 7184 * Canoga Park, CA91309-7184 Prod No 5907 North County Health Services Resolution No. 1687 The Board of Directors, in a meeting held on October 1, 2001 where a quorum was present, and by signature of the individual board members herein, confirms and re-states its delegation of authority to the Chief Executive Officer to act as the official signatory for all contracts, Memoranda of Understanding, or other and all agreements required to carry on the normal business of the corporation subject to any limitations which may be required by the Board of Directors. This authority may be re-delegated by the Chief Executive Officer as needed. . 8. IO. EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: NORTH COUNTY HEALTH SERVICES Address: 3050 Madison Street, Carlsbad, CA 92008 Project Description: Provision of health services to lower income persons. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds will be used to fund the following activities in cornpfiance 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 assodared with staffing, rents, utilities, supplies, etc.) Funds will be used for staff expenses to provide immunization and health screening services to low income persons. 2. Project objectives to be accomplished during the contract period: (P!ease describe the specific services or activities to be provided to low/moderaie income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of personshouseholds to benefit from the Subrecipient‘s services/project.) North County Health Services will assist approximately 1,000 Carlsbad seniors with health screening services and approximately 1,000 school children with immunization services. 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. 8 EXHIBIT “8” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: NORTH COUNTY HEALTH SERVICES Address: 3050 Madison Street, Carlsbad, CA 92008 Project Description: Provision of health services to lower income persons. Project Budget: All grant funds will be used to help pay for staffing costs related to a child immunization program and health screening program for seniors. 9 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LIFELINE COMMUNITY SERVICES FOR 2003-2004 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this &&.day of +. 2003 by and between the CITY OF CARLSBAD, a municipal corporation, hereinaf er referred to as “City”, and LIFELINE COMMUNITY 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 or services to homeless or near homeless persondfamilies or counseling and self-improvement programs/activities for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that services offered by Lifeline Community Services are exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City’s Annual Consolidated Funding Strategy and Plan for Community Development Block Grant funds (hereinafter referred to as the “Annual Consolidated Plan”). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of five thousand dollars ($5,000) to the Subrecipient for the provision of self sufficiency services through their offices located at 200 Michigan Avenue, Vista, California for the period beginning July 1, 2003 and ending June 30, 2004. 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, 2004. 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 1 reallocated to another eligible activity due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this 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 regulations governing these funds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in aceordance to budget information provided in Exhibit "W and in accordance with performance. Subrecipient represents that the budget includes only allowable costs and an accurate analysis of costs applicable to the COBG funds pursuant to 24 CFR Part $02. 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 locat 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 $5,000 maximum as allocated by the City Council for program year 2003-2004. 2 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. b. C. d. e. f.' g. h. Records providing a full description of each activity undertaken; Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; Records required to determine the eligibility of activities; Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CDBG assbtance; Records demonstrating comptiance with the requifernents in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; Documentation of all CDBG funds received from the Gity, 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, Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" within fifteen (15) calendar days of the end of each quarter for the full term of this Agreement. The final progress report is due no tater than July 15, 2094. The report must inctude 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. Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persondhouseholds participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, 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 3 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 five (5) 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 five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $3OO,O€lO 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, 2004 and ending June 30, 2005 for any funds received in fiscal year 2004-2005 per this Agreement. 6. PROGRAM REQUlREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. 4 7. 8. 9. 10. 11. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Council. 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(@ 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. 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 rear property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 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 5 12. 13. 14. 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. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11 , "Hold Harmless Agreement," all terms, conditions, and provisions hereof shah inslrre to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds andlor 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, untess 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. 6 Executed by Subrecipient this SUBRECIPIENT: k4’oPnf LOO dll L( g#=c/&tt- day of ,*d c@ / I By: (sign here) (print namehitle) (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or Vice-president and secretary, assistant secretary, GFO or assistant treasurer must sign for corporations. Otherwise, the cwporation must attach a resolgtion certified by the Secretary or assistant secretary under corporate seal empowering the off icer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney 7 ZQQ~ before me, I NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC" On DATE 9 NAME(S) OF SIGNER(S) personally appeared S k; t lev personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL WtSbKR Ca&& 2003-0rf BIcck LTfiPuL csn 6- El CORPORATE OFFICER M c :c'~C; nf , rnc. EIc'et%MJ.e 0th- TITLE OR TYPE OF DOCUMENT TITLE(S) [7 PARTNER@) 0 LIMITED 0 ATTORNEY-IN-FACT NUMBER OF PAGES [7 TRUSTEE(S) [7 GUARDIAIVCONSERVATOR 0 GENERAL -9 - 0 OTHER: f una&.Ccr) DATE OF DOCUMENT SIGNER IS REPRESEN'llNG: NAME Of pERSON(3) OR E"Y(IES) SIGNER(S) OTHER THAN NAMED ABOVE NORTH COUNTY LIFELINE, INC. A United Way Member Agency / Funded by the County of San Diego ~AMIoMtB~-+#---++ March 17,2003 North County Lifeline, Inc. (also known as "Lifeline Community Services") Board of Directors authorizes Shirley J. Cole, Executive Director, to submit proposals on behalf of North County Lifeline, Lnc. for services provided under the mission statement of I enhancing the positive qualities of individual, family and community life. I The Board of Directors further authorizes Shirley J. Cole, Executive Director, to be designated representative of North County Lifeline, Inc., and as such, has authorization to negotiate and contractually bind the agency. This authorization to request funds and serve as the authorized official is granted on behalf of Lifeline's offices, located at 200 Michigan Avenue, Vista, CA 92084, 110 Copperwood Way, Suite Q, Oceanside, CA 92054, and 910 E. Ohio Avenue, Suite 104, Escondido, CA 92025. North County Lifeline, Xnc. Board of Directors adopted this resolution on March 17, 2003, at a regularly scheduled meeting. There were 9 ayes and +- noes, with the resolution carrying. This resolution will be in effect until April 1,2004. President, Board of Directors North County Lifeline, Inc. MAIN OFFICE: 200 Michigan Avenue Vista, CA92084 (760) 726-4900 FAX (760) 726-6102 http://w.nclifeline.org COASTALOFFICE: 110CopperwoodWay,SuiteQ*Oceanside,CA92054*(760)757-0118*FAX(760) 757-0196 0 INLANDOFFICE: 910E.OhioAvenue, Suite 104-Escondid0, CA92025~(760)739-1060*FAX(760)739-1006 THE UNITED WAY. _- EXHIBIT “A’ CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: LIFELINE COMMUNITY SERVICES Address: 200 Michigan Avenue, Vista CA 92084 Project Description: Provision of self sufficiency serviceo to lower income households. Project Goals &. Objectives: (Please Attach Additional Sh&s As Necessary.) 1. CDBG funds will be used to fund the following activities in cclrnpliam with the project description oufjined a& in conformance with €he Federal regulations for the CDBG program: (Pleme specify if CDBG funds will be used to fund cosb assockted with staffing, rents, utilities, supplies, etc.) Funds will be used for staff and office expenses to provide services to low income households. 2. Project objectives to be accomplished during the contract period: (Plewe describe the specific services or activities to be provided to low/moderate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persondhouseholds to benefit from the Subrecipient’s servkes/projecf.) Lifeline will assist approximately 65 Carlsbad individuals and households with services to achieve greater self-sufficiency. Services may include: a. case management b. counseling c. emergency services d. employment e. mediatiodtegal f. youth development 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 I i en s. 8 EXHIBIT "B" CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: LIFELINE COMMUNITY SERVICES Address: 200 Michigan Avenue, Vista CA 92084 Project Description: Provision of self sufficiency sewices to lower income households. Project Budget: All grant funds will be used to help pay for staffing costs and other opsrational expenses. 9 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LIFELINE COMMUNITY SERVICES FOR 2003-2004 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this %day of r&# . 20H by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and LIFELINE COMMUNITY SERVICES, a non-profit corporation, hereinafter referred to as “Sub recipient”. RECITALS WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer shelter or services to homeless or near homeless persons/families or counseling and self-improvement programs/activities for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for low and moderate income househotds with some assistance from the City; and, WHEREAS, the City has determined that services offered by Lifeline Community Services are exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City’s Annual Consolidated Funding Strategy and Plan for Community Development Block Grant funds (hereinafter referred to as the “Annual Consolidated Plan”). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of five thousand dollars ($5,000) to the Subrecipient for the provision of an after school program through their offices located at 200 Michigan Avenue, Vista, California for the period beginning July 1, 2003 and ending June 30, 2004. 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, 2004. 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 1 reallocated to another eligible activity due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this 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 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 “6” 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 paymenWeimbursements 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 fun’ds of $5,000 maximum as allocated by the City Council for program year 2003-2004. 2 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. b. C. d. e. f. €5 h. Records providing a full description of each activity undertaken; Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; Records required to determine the eligibility of activities; Records demonstrating compliance with Seetian 570.505 regarding change of use of real property acquired or improved with CDBG assistance; Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB Circular A-1 IO; and, Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these, funds. The Subrecipient shall submit quarterly "Progress Reports" within fifteen (15) calendar days of the end of each quarter for the full term of this Agreement. The final progress report is due no later than July 15, 2004. 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. Total number of persons/households participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, 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 3 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 five (5) 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 five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $SOO,aoO 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 thia 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 , 2004 and ending June 30, 2005 for any funds received in fiscal year 2004-2005 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. 4 7. 8. 9. 10. 11. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approvai by the Council. NON DI SC R I M I N AT1 0 N CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the provision of services and the equal opportunity employment of person net. SUSPENSION AND ,TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulatlons, this agreement may be suspended or terminated if tho Subrwipient 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. REVERSlON OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 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 5 Subrecipient or Subrecipient's agents, employees, or representatives in completion of th-e 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 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 andlor 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. 6 Executed by Subrecipient this day of ,20-. SUBRECIPIENT: CITY $0 4.TU COL!3* CI FEG/ Ictk (name of Subrecipient By: (sign here) (print namehitle) (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or vicepresident and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach zp resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 7 WlFORNlA ALLPURPOSE ACKNOWLEDGMENT 5ta.l~ 3 , Zoo3 before me, I NAME, TlTLE Of OFFICER - E.G.. 'JANE DOE. NOTARY PUBCIC' On DATE personally appeared 5k:r Y b 1-e 9 NAME@) OF SIGNER(S) 0 personally known to me - OR - 1 pro\ red to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Public-Cdifomia SANDEGO COUNTY -L My cm. Exp. oct 1,2014 WITNESS my hand and official seal. I SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AlTACHED DOCUMENT 0 INDIVIDUAL @! CORPORATE OFFICER cLF I9bkd C~BC+ -03-09 & h ILL- %lo& c-rcl- TITLE OR TYPE OF DOCUMENT gypc Y.cI'\/.e -b)e.-N.t. CPLIAc TITLE(S) PARTNER(S) 0 LIMITED 0 GENERAL - - 9- U ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAWCONSERVATOR 0 OTHER: Cwwkl-Ca) DATE OF DOCUMENT SIGNER IS REPRESENTING: NA)lff OF PERSON(S) OR E"ITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE COUNTY LIFELINE, INC. 7 Member Agency I' Funded by ihe County of San Diego March 17,2003 North County Lifeline, Inc. (also known as "Lifeline Community Services") Board of Directors authorizes Shirley J. Cole, Executive Director, to submit proposals on behalf of North County Lifeline, Inc. for services provided under the mission statement of enhancing the positive qualities of individual, family and community life. The Board of Directors further authorizes Shirley J. Cole, Executive Director, to be designated representative of North County Lifeline, Inc., and as such, has authorization to negotiate and contractually bind the agency. This authorization to request funds and serve as the authorized official is granted on behalf of Lifeline's offices, located at 200 Michigan Avenue, Vista, CA 92084, 110 Copperwood Way, Suite Q, Oceanside, CA 92054, and 910 E. Ohio Avenue, Suite 104, Escondido, CA 92025. North County Lifeline, Inc. Board of Directors adopted this resolution on March 17, 2003, at a regularly scheduled meeting. There were ayes and 4% noes, with the resolution carrying. This resolution will be in effect until April 1,2004. 9 President, Board of Directors North County Lifeline, Inc. 0 MAIN OFFICE: 200 Michigan Avenue Vista, CA 92084 (760) 726-4900 FAX (760) 726-61 02 http://www.nclifeline.org U COASTALOFFICE: 1 lOCop~oodWay,SuiteQ.Oceanside,CA92054*(760)757-0118*FAX(760)757-01% your heart af uI "q THE UNITED WAY. I (7 INLANDOFFICE: 910E. OhioAvenue, Suite 104-Escondido,CA92025.(760) 739-1060*FAX(760) 739-1006 .." ...-e- -^..I-- EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: LIFELINE COMMUNITY SERVICES Address: 200 Michigan Avenue, Vista CA 92084 Project Description: After school program for Valley Junior High students. Project Goals & Objectives: (Please Aftach Addithnal Sheets As Nwessary.) 1. CDBG funds will be u8ed to fund the following aetivitjes in compliance with the project description outtined and in conformance with the Federal regutartions for the CDBG program: (Phase s@cify if CDBG funds wilt be used to fund costs assod8ted with staffing, rents, utilities, supplies, etc.) Funds will be used for staff and other operational expenses to provide an after school program for Valley Junior High School students. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to lo w/modsrate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient’s services/project.f Lifeline will assist approximately 100 Carlsbad students in the after school program. 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 I i en s . 8 EXHIBIT “By’ CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: LIFELINE COMMUNITY SERVICES Address: 200 Michigan Avenue, Vista CA 92084 Project Description: After school program for Valley Junior High School students. Project Budget: All grant funds will be used to help pay fur staffing costs and other operational expenses. 9 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WAKELAND HOUSING AND DEVELOPMENT CORPORATION FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this *day of &, 200x by and between the CITY OF CARLSBAD, a municipal corporation, hedinafter referred to as “City”, and WAKELAND HOUSING AND DEVELOPMENT 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 assist in providing affordable housing to low and moderate income households within the community; and, WHEREAS, the Subrecipient has been, and desires to continue, providing affordable housing for low and moderate income households with assistance from the City, and, WHEREAS, an environmental review has been completed for development of affordable housing at 2578 Roosevelt Street pursuant to the National Environmental Policy Act; and, WHEREAS, the U.S. Department of Housing and Urban Development has approved Annual Consolidated Funding Strategies and Plans for Community Development Block Grant funds for the City (hereinafter referred to as “Annual Consolidated Plans”). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK AND DESCRIPTION OF LOAN For Program Year 2003-2004, the City of Carlsbad has allocated federal Community Development Block Orant (CDBG) funds in the total amount of two hundred forty-four thousand one hundred sixty-one dollars ($244,161) for development of affordable housing by the Wakeland Housing and Development Corporation. This funding shall be provided in the form of a no interest, deferred, and forgivable loan. The purpose of the loan is to provide funds to be used specifically for costs related to predevelopment and construction management of approximately eleven affordable rental units at 2578 Roosevelt Street. 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, 2004. If the Subrecipient will be unable to expend all of the funds allocated to the project by the noted date, the Subrecipient shall request an extension from the City for continued. use of the funds on the approved project based on progress made by the Subrecipient towards completing the subject project. The City will either agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. 1 2. TERM OF LOAN The term of this loan shall be for a period of fifty-five (55) years. The fifty-five year term of the loan shall expire fifty-five (55) years after the final Certificate of Occupancy is issued for the subject project. Subrecipient acknowledges that the subject loan is given in connection with the construction and operation of affordable housing units only. The loan is not assumable by transferees of the Property unless prior written approval is granted by the City Council. The loan shall be due and payable in full upon 1) the date the Property is fist sold or transferred, or, 2) upon failure of Subrecipient to operate the units for low and moderate income households. The loan shall be forgivable upon expiration of the term of the loan if the units have been maintained and operated consistent with the requirements as set forth within this Agreement. 3. DISBURSEMENT OF FUPJaS The City shall disburse no greater than two-hundred forty-four thousand one-hundred six-one dollars ($244,161) of the loan proceeds for the construction of the. proposed units. Loan proceeds for the project will be disbursed only after the City has received the Subrecipient's disbursement request and any required documentation to support the request. If a payment is to be made directly to the contractor the Subrecipient must certify in writing that the work for which disbursement is requested has been completed (although the City reserves the right to inspect the work and make an independent evaluation), and authorizes the City to pay the contractor or provider directly. 4. 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 project 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. 5. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to construct the subject project and subsequently provide the proposed programs as outlined in this Agreement. Under this Agreement, the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $244,161 maximum in the form of a no interest, deferred and forgivable (after 55 years) loan as approved by the City Council for affordable housing purposes. 6. RECORDS AND REPORTS As applicable, the Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the construction activities to be funded under this Agreement. Such records may include, but are not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating how each activity undertaken meets one 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; 2 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 OME3 Circular A-110; aqd, Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. h. The Subrecipient shall submit quarterly "Progress Reports" within fifteen (15) calendar days of the end of each quarter until a final Certificate of Occupancy is issued for the project. For the full term of the subject loan, the Subrecipient shall provide annual performance reports as related to the clients served by the subject facility following final Certificate of Occupancy. The performance reports shall include the following information: a. b. C. d. e. Total number of persons/houseboIds 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 ethic background of Carlsbad participants; and, Summary of program@) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, ethnicity, income level or other basis for determining eligibility, and description of service provided. This data shall assist the Subrecipient in completing the required quarterly progress reports to be submitted to the City. The Subrecipient shall maintain separate accounting records for the federal CDBG funds provided by the City. The City, Federal Grantor Agency, Comptroller General of the United States, or any of their duly-authorized representatives shall have access to all books, documents, papers and records maintained by the Subrecipient which directly pertain to the above project for the purpose of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supporting documents and statistical reports related to the project identified under this agreement for a period of five (5) 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 five (5) 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. For each fiscal year during the full term of the subject loan, 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 period from July 1 to June 30 for each year this Agreement remains in effect. The required audit shall be submitted to the City no later than October 1 for the preceding fiscal year of operations. 7. 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 3 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 affmtively fixthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Feral 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 CD3G funds by religious organizations, if applicable to this agreement and the approved project outlined herein. 8. 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 formal review by the City Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the City Council of the City of Carlsbad. 9. CHANGES IN USE OF FACILITY Subrecipient shall use the subject facility for affordable housing purposes only. 10. 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. 11. SlJSPENSION 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. 12. REPAYMENT OF GRANT FUNDS Repayment of all of the CDBG funds paid to Subrecipient under this Agreement will be required 4 if at any time during the fifty-five (55) year term of this Agreement the property is sold or transferred or the property is no longer used for its intended purposes as set forth within this Agreement. 13. 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. 14. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City Council of the City of Carlsbad. 15. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 13, "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. 16. INSURANCE 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 ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. 5 Executed by Subrecipient this SUBRECIPIENT: (name of Subrecipid'nt day of lAhLlJt;lWL;,d~ BY: y).&$/ (sign here) By: (sign here) (print namehitle) (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or vice-president and secretary, assistant seCretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of s &-q On 4 43Qd Dale personally appeared A @&konally known to me proved to me on the basis of satisfactory evidence to be the personw whose namewish subscribed to the within instrument and acknowledged to me that he/sk#tey executed the same in his/b&hetr ' authorized capacity&$ and that by his/- signatureMon the instrument the personw, or the entity upon behalf of which the personw acted, executed the instrument. Place Notary Seal Above OP Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: - Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: n Individual Corporate Officer - Title(s): U Partner - 0 Limited 0 General Attorney in Fact C Trustee E! Guardian or Conservator 0 Other: Signer Is Representing: I D 1999 Nabanal Notary Association * 9350 De Solo Ave., PO Box 2402 * Chatsworth, CA 91313-2402 * www nationalnotaryorg Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July I, 2003 to June 30,2004 Subrecipient Name: Address : Project Description: Project Goals & Objectives: (Please Attach Aaiii#ional 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 progrm (Please specifi, if CDBG funds will be used to fund costs associated with stafing, rents, utilities, supplies, etc.) Funds will be used on predevelopment activities such as engineering studies, architect fees, development/pennit fees, and other predevelopment activities. Funds may also be used for construction management services. WAKELAND HOUSING AND DEVELOPMENT CORPORATION 625 Broadway, Suite 1 I, San Diego, CA Development of affordable housing at 2578 Raosevelt Street. 2. Project objectives performance measures: a. b. C. d. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopment Department on the CDBG Quarterly Perfonnance Report form as provided. 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. 7 EXHIBIT “B” CITY OF CAlUSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: Address: Wakeland Housing and Development Corporation 625 Broadway, Suite 11, San Diego, CA 92101 Project Description: Development of affordable housing at 2578 Roosevelt Street. Cost Breakdown: A11 funds will be used on predevelopment activities, development/permit fees, and construction management services. 8 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WOMEN’S RESOURCE CENTER FOR 2003-2004 THIS AGREEMENT, made and entered into as of this-ay of 2003 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as ”City“, and WOMEN’S RESOURCE CENTER, a non-profit corporation, hereinafter referred to as “Subrecipient”. RECITALS WHEREAS, the City has apptied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer shelter or services to homeless or near homeless gersons/families or counseling and self-improvement programs/activities for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for bw and moderate income househdds with some assistance from the City; and, WHEREAS, the City has determined that the shelter and supportive services offered by Women’s Resource Center is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and, . WHEREAS, the US. 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 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of ten thousand dollars ($10,000) to the Subrecipient for provision of a shelter and supportive services for victims of domestic violence through their administrative offices located at 1 963 Apple Street, Oceanside, California for the period beginning July 1, 2003 and ending June 30, 2004. 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, 2004. 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 1 agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this 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 compkiance 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 “8’ and in accordance with performance. Subrecipient represents that the budget indudes only allowable costs and an accurate analysis of costs applicable to the CDfilG 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 paymentslreimbursements 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 Ptan, 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 2 2003-2004. 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. b. C. d. e. f. g. h. Records providing a full description of each activity undertaken; Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; Records required to determine the eligibility of activities; Records demonstrating compliance with Section 570.505 regarding change of use of real property acquired or improved with CRBG assistance; Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB Circular A-1 10; and, Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" within fifteen (1 5) 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, 2004. 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. Total number of personshouseholds participating in the program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, 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 3 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 five (5) 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 five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $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, neutrat third-party auditor. The audit shalt 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, 2004 and ending June 30, 2005 for any funds received in fiscal year 2004-2005 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's. environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. 4 The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CUB0 funds will be permitted by the City without prior formal approval by the Council. 8. NONDISCRIMINATION CLAUSE The Subrecipient shall compty with all state and federal Jaws regarding nondiscrimination in the provision of services and the equal opportunity employment of personnel. 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, this agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person 5 whatsoever, nor for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omission of Subrecipient or Subrecipient’s agents, employees, or representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers and employees against any of the foregoing liabilities or claims of any kind and any costland expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications for the project or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City. 13. SUCCESSORS QR AWGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, “Hold Harmless Agreement,” all terms, conditions, and provisfons 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 andlor 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. 6 Executed by Subrecipient this 2s +-h day of SUBRECI PIENT: (name of Subrecipient Women's Rewulrrr ccv\k,r && (sign here) haws Bledsoe; Efid 'OC Pi-br (print namehitle) ATTEST: By: (sign here) (print namehitle) (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I On e personally appeared xpersonally known to me proved to me on the basis of satisfactory evidence to be the acknowledged to me that h&fshel hpy executed the same in pherltherf authorized the instrument and that by the entity upon behalf of which acted, executed the instrument. Place Notary Seal Above 0 ONAL Though the information below is not required by la 77 it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Dat Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Individual 'b Corporate Officer - Title(@: 0 Partner - 0 Limited General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Association * 9350 De Solo Ave.. P.O. Box 2402 - Chalsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT “A’ CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1 , 2003 to June 30,2004 Subrecipient Name: WOMEN’S RESOURCE CENTER Address: 1963 Apple Street Oceanside CA 92054 Project Description: Operation of a shelter and supportive services for women and children who are victims 6f domestic violence. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds wit1 be used to fund the fallowing a&Wots in cmptiance with the project description outlined and in conformance dth the Federal regutatiouls for the CDBG program: (Please specirjl if CDBG funds will be used to fund costs associated with staffing, rents, utilitim, supplies, etc.) Funds will be used to offset the cost of providing staff to operate a shelter for victims of domestic abuse. 2. Project objectives to be accomplished during the contract period: (PIQase describe the specific services or activities to be provided to low/moderate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient‘s services/project.) Provide services to approximatety 50 victims of domestic abuse from Carlsbad. 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. 8 EXHIBIT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: WOMEN’S RESOURCE CENTER Address: 1963 Apple Street Oceanside CA 92054 Project Description: Operation of a shelter and supportive services for women and children who are victims of domestic viotence. All funds will be used to offset the cost of providing staff to operate programs for victims of domestic abuse. 9 ~01-24-01 08:31A Rosource Canter 757 P.02 EXECUTION OF COMRACTS SUBMITTAL OF GRANT APPLICATIOIPS Be it resolved that Women's Resource Center Inc. authorizes the follwing persons to errbmoit grant app+cat%onS and execute Contracts on behalf of Uomen'a Beeource Center: Hama Bledroe Sharon flevcoob These euthorlzatloas shal.1 remail, in effect until modified by future action of Women's Reeource Center's Board of Directors. date L pzulz&- 6-U-90 , Vice Chairperson date AGREEMENT BETWEEN THE CITY OF CARLSBAD AND YMCA OF SAN DIEGO COUNTY FOR 2003-2004 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this &&day of -&&dub 20 03 by and between the CITY OF CARLSBAD, a municipal corporation, hefeinafter referred to as “City”, and YMCA OF SAN DIEGO COUNTY, 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 eligibte activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service providers who offer shelter or services to homeless or near homeless persons/families or counseling and self-improvement programs/activities for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the services offered by YMCA Youth and Family Services are 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 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,WO,RK The City has allocated 2003-2004 federal Community Development Block Grant (CDBG) funds, in the amount of five thousand dollars ($5,000) to the Subrecipient for provision of housing and counseling services through their offices located at 215 Barnes Street, Oceanside, California for the period beginning July 1, 2003 and ending June 30, 2004. 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, 2004. 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 1 reallocated to another eligible activity due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this 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 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 altowable 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 $5,000 maximum as allocated by the City Council for program year 2003-2004. 2 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. b. C. d. e. f. €5 h. Records providing a full description of each activity undertaken; Records demonstrating each activity undertaken meets on of the National Objectives of the CDBG program; Records required to determine the eligibility of activities; Records demonstrating compliance with Section 570,505 regarding change of use of real property acquired or improved with CDBG assistance; Records demonstrating compliance with the requirements in Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Part 570.502, and OMB C.ircular A-1 10; and, Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" within fifteen (1 5) 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, 2004. 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. 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(@ provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, ethnicity, income level or other basis for determining eligibility, and description of service provided. This data shall assist the Subrecipient in completing the required quarterly progress reports to be submitted to the City. The Subrecipient shall maintain separate accounting records for the federal CDBG funds provided by the City. The City, Federal Grantor Agency, Comptroller General of the United States, or any of their duly-authorized representatives shall have access to all books, documents, papers and records maintained by the Subrecipient which directly 3 6. pertain to the zbove 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 five (5) 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 five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $300,000 in total federal funds in one fiscal year from the City of Cartsbad 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 , 2004 and ending June 30, 2005 for any funds received in fiscal year 2004-2005 per this Agreement. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 Code of Federal Regulations Part 52. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. 4 7. 8. 9. IO. 11. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this agreement and the approved project outlined herein. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a written request must be submitted to the City for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior formal approval by the Councit. 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 compty 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. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 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 5 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 AWGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11 , "Hold Harmless Agreement," alf 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 empioyers 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. 6 Executed by Subrecipient this SUBREClPl ENT: (name of Subrecipient day of of -ao Countv By: /&k-~-/ebd& (sign here) Richard A. Collato, President ti CEO ATTEST: 2Aiil C- Sill 1 <van, CFO (print n a m e/t i t le) (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(@ signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 7 State of California County of San Diego On June 5,2003 before me, Carol E. Latimer, Notary Public, personally appeared Richard A. Collato, personally known to me (rwprmd name@ idare subscribed to the within instrument and acknowledged to me that he/&&ky executed the same in hdhedhm * authorized capacityo , and that by hiskedtbr * signaturew on the instrument the person(.s),or the entity upon behalf of which the person@ acted, executed the instrument. ) to be the person(+ whose c0-33 e_ Carol E. Latimer %- My commission expires September 12,2006 OPTIONAL CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT - Individual Rspccmen7’ C0rtD66 C& - X- Corporate Officer Title or Type of Document President & CEO Title( s) s Number of Pages Signer is Representing: SC \A Date of Document YMCA of San Diego Countv ?a4 c 5d\\,d6\ Signers (other than named above) State of CaWornia County of San Diego On June 5,2003 before me, Carol E. Lather, Notary Public, * )to personally appeared Paul C. Sullivan personally known to me (c be the person@ whose name@ idam subscribed to the within instrument and acknowledged to me that he/* executed the same in hkhed&m authorized capacity(k), and that by hkkdtbr ' signature(@-on the instrument the person@+, or the entity upon behalf of which the personwacted, executed the instrument. Commission # 1370036 Carol E. Latimer My commission expires September 12,2006 OPTIONAL CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT - Individual Aqrepcmc n~ on cQc~~ fud~ - Y Corporate Officer Title or Type of Document cc\ cc C;-ke,-\ OCC\=c C Title( s) s Number of Pages Signer is Representing: 1 Date of Document R&,& pc I C*\\--b Signers (other than named above) EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 2003 to June 30, 2004 Subrecipient Name: YMCA YOUTH & FAMILY SERVICES Address: 215 Barnes Street, Oceanside CA 92054 Project Description: Operation of a housing and counseling program for young people. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds wilt 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, rents, utilities, supplies, etc.) Funds will be used to offset the cost of staffing, utilities, telephone services and supplies. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to lo w/moderate income Carlsbad residents with the CDBG funds awarded. If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient‘s services/project.) Housing and counseling services will be provided to approximately 10 lower income Carlsbad residents. 3. Proiect obiectives Derformance measures: a. b. C. d. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopment Department on the CDBG Quarterly Performance Report form as p r ovi d ed . 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. 8 EXHIBIT “6” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2003 to June 30,2004 Subrecipient Name: YMCA YOUTH & FAMILY SERVICES Address: 215 Barnes Street, Oceanside CA 92054 Project Description: Operation of an emergency housing and counseling program for young people. Cost Breakdown: All $5,000 in grant funds will be utilized to offset the cost of staffing, utilities, telephone services and supplies to operate the emergency housing and counseling programs for Carlsbad residents. 9 From: Frank Boensch To: Pam Pretz Date: 9/23/03 8:45AM Subject: Re: Question from Council Members rt Mayor City Council City Manager City Attolpcq eQcw Pam and Frank, Funding is determined through a process that uses an Advisory Committee to evaluate applications for funding and develop recommendations on funding amounts that are then submitted to Council for approval or revision. The amount of funds requested is up to the applicant. The Council has already approved the funding amounts in the agreements that are being submitted to Council for approval tonight. We hold off on taking the agreements to Council until after we get final notice from HUD that the proposed projects are approved and our funding agreement with HUD is approved. Please let me know if you have any other questions. Thanks, Frank >>> Pam Pretz 09/23/03 08:35AM >>> In preparation for this evening's Council meeting, Frank Mannen asked me to contact you and ask what is the methodology of determining funding for the approval of community development block grant subrecipient agreements - and how much is requested? Thank you. Pam Pretz cc: Debbie Fountain; Frank Mannen From: Frank Boensch To: Pam Pretz Date: 9/23/03 1 1 :30AM Subject: Re: Question from Council Members Pam and Frank, Attached is the complete description of the selection process for funding under the CDBG program in case you or Council Members have any further questions on the process. Again, funding amounts for agreements submitted for approval during the meeting tonight have already been previously approved by Council. Thanks, Frank B. >>> Pam Pretz 09/23/03 08:35AM >>> In preparation for this evening's Council meeting, Frank Mannen asked me to contact you and ask what is the methodology of determining funding for the approval of community development block grant subrecipient agreements - and how much is requested? Thank you. Pam Pretz cc: Debbie Fountain; Frank Mannen CITY OF CARLSBAD CDBG/HOME PROGRAM APPLICATION REVIEW PROCESS PURPOSE To set forth procedures to be used for allocating the annual City of Carlsbad Home Investment Partnership (HOME) and Community Development Block Grant (CDBG) funds. BACKGROUND Each year the City of Carlsbad is entitled to receive funding from the US. Department of Housing & Urban Development through the CDBG Program to finance projects and/or services, which benefit low/moderate income persons/households within the community. The City also receives federal funds through the HOME Program to implement housing activities that benefit lower income households. In response to the City's "Request for Proposals" for the CDBG/HOME Program, the City receives numerous applications for funding from local organizations. In an effort to facilitate the activity selection and funding allocation process, the following procedures have been established for the program. OBJECTIVE The intent of this process is to streamline the CDBG/HOME funding allocation procedures and implement specific proposal evaluation criteria which can be used to assist in the selection of activities for funding on an annual basis. This process describes the CDBG/HOME application process; outlines the review process for activity selection and funding recommendations; and, summarizes the public hearing requirements. A CDBG/HOME Advisory Committee, will be appointed to review and make recommendations to the City Council on funding levels for each of the eligible activities submitted by organizations and/or city departments. PROCEDURES The goal of the City of Carlsbad is to develop a well balanced CDBG/HOME Program that reflects the various needs of its low to moderate income residents, with three primary areas of focus: 1) affordable housing; 2) general social services for lower income persons; and 3) services for children and adults, including the elderly. The following procedures outline the steps to be used by the Advisory Committee and staff of the Housing and Redevelopment Department in selecting activities, which provide for a well balanced program and in making recommendations for allocation of the funds on an annual basis: 1. Interested persons, non-profit organizations, City departments and others may submit a request for funding on the appropriate application form. A public notice in a local newspaper of general circulation will indicate how to obtain an application and the due date for all proposals. Generally, the application review process will begin in November or December of each year. 2. Upon receipt of proposals/applications for funding, Housing and Redevelopment Department staff will make a determination regarding the eligibility of each proposed project for funding consideration under the program. Requests for funds shall be considered for funding only if the application is complete and demonstrates that the following conditions have been met: a. The governing board formally authorized the organization's request for CDBG and/or HOME funds from the City of Carlsbad and authorized official to bind APPLICATION REVIEW PROCESS PAGE 2 organization into subsequent agreements for CDBG funds ; b. The proposed use of funds is an eligible activity, per the Federal regulations for the CDBG and/or HOME program; c. The organization and the proposed activity must not have any outstanding or unresolved findings of violation of the federal regulations governing the CDBG and/or HOME program; d. If applying for CDBG funds, the proposed use of funds meets at least one national objective for the CDBG program, as established by the Federal regulations; e. If applying for CDBG funds, the proposed use of funds meets at least one local objective for the CDBG program, as established by the City of Carlsbad's Community Development Plan; and, f. If applying for HOME funds, the proposed use of funds must be for the purpose of increasing the availability of affordable housing for lower income households. 3. All complete applications, which have met the conditions outlined above, shall be considered eligible for funding consideration and shall continue in the activity selection and funding allocation process. All applications that are deemed ineligible for funding consideration shall receive written notification that the application for funds is ineligible due to a specified reason and will not be reviewed further by staff or the Advisory Committee. 4. The Advisory Committee will consider the needs of lower income Carlsbad residents in developing recommendations to the City Council for the funding of activities which are the "most qualified" to meet those needs. The Committee will consist of seven (7) members and will include the following representatives to be appointed by the City Council: Senior Commissioner, Planning Commissioner, Housing Commissioner, and four citizens-at-large (one from each quadrant of the City). 5. Each eligible application for funds shall be reviewed and evaluated, for ranking purposes, based upon the criteria outlined below. Advisory Committee Members and Housing and Redevelopment Department staff will evaluate each eligible proposaI/appIication for funds and assign a score based on a maximum 100 point scale using the following criteria: a. ORGANIZATIONAL ABILITY/CAPACITY Maximum of 25 Points i. Experience of organization in providing 5 Points services to low/moderate income persons/households and in providing the proposed activity. Capacity/ability of staff assigned to implement proposed activity. administration of CDBG or other State or Federal funds. ii. ii. Organization's experience with the 5 Points 5 Points iv. Level of ability demonstrated by organization to provide services and to adhere to applicable local, State, or Federal regulations governing funding sources. 10 Points APPLICATION REVIEW PROCESS PAGE 3 b. FINANCIAL CAPACITY/STABI LlTY i. II. Relatively stable financial position Leveraging of CDBG funds with outside resources to finance proposed activity. c IMPLEMENTATION OF ACTIVITY i. Demonstration of organization's readiness to implement proposed activity d BENEFITS/BENEFICIARIES i. ii. Accessibility of activity for use by Carlsbad clients. Extent to which proposed activity benefits low income persons/households (50% of median family income). Extent to which proposed activity benefits low income Carlsbad households Extent to which proposed activity meets the needs of low income residents iii. iv. Maximum of 25 Points 15 Points 10 Points Maximum of 10 Points 10 Points Maximum of 40 Points 10 Points 10 Points 10 Points 10 Points 6. To facilitate the complete evaluation of eligible proposals/applications, applicants will be given the opportunity to participate in a 10 minute interview with the Funding Advisory Committee and staff. The public will also be given the opportunity to comment on the eligible proposals being considered for funding at a City Council meeting. The interview will provide the Advisory Committee and staff with an opportunity to obtain additional information regarding the organization and the proposed activity that may not have been provided, or was unclear in the application. Applicants should provide any documents that may assist the Advisory Committee and staff in evaluating the proposal/application T)ljol to this interview. 7. Following the interview of each eligible proposal/application, Advisory Committee Members and staff will complete their evaluation of the proposal according to the criteria noted above. Committee Members will then submit their proposal scores to staff for averaging. Proposals must receive a minimum average score of 50 out of 100 points to remain eligible for funding. Staff will then rank and categorize the eligible proposals/applications into the following four classifications: a. b. c. d. Public services/facilities for the purpose of providing or maintaining affordable housing; Public services/facilities for the purpose of providing general social services; and Public services/facilities for the purpose of providing specialized social services for children and adults. Acquisition of property for the purpose of creating new affordable housing opportunities. This information will then be presented to the Advisory Committee for further review to determine the level of funding to be recommended for each proposal. 8. It is the Advisory Committee's responsibility to make a recommendation on the level of funding to be allocated to the eligible activities according to the order the proposals/applications were ranked within each classification. The Advisory Committee shall work from the top of each list to the bottom, taking one proposal at a time on a APPLICATION REVIEW PROCESS PAGE 4 Housing General Social Services 1. 1. 2. 2. 3. 3. TOTAL TOTAL rotation basis from each classification, and recommend a funding level for the proposal until all available funds have been allocated to eligible activities. This process will be used to make funding recommendations for public service, public facility/other, and affordable housing proposals. Social Services - Children & Adults 1. 2. 3. TOTAL Recommended funding amounts will be distributed evenly among the three public service categories (housing, general social services, and specialized social services for children or adults). The minimum funding level for each recommended activity shall be $5,000, but shall not exceed the requested funding amount. EXAMPLE: The Advisory Committee shall take the first public service activity listed within "Affordable Housing" and make a funding recommendation for this activity. Then, the Committee will consider a funding recommendation for the first public service activity listed under "General Social Services" and so on. Once a recommendation for funding has been made for an activity within each of the three classifications, the Committee will then move to the next activity listed. This process will be repeated to also develop funding recommendations for affordable housing proposals. 9. 10. 11. The Advisory Committee's funding recommendations will be presented to the City Council for action during a public hearing. All applications submitted and the funding recommendations made by the Advisory Committee will be submitted to the City Council for consideration by the end of April of each year. After accepting public comments on the proposals and recommendations, the City Council may accept the Committee's recommendations as submitted or modify them as necessary to meet the needs of low/moderate income persons within the community. Following City Council action, a Consolidated Funding Plan, including the list of selected activities and funding amounts for the CDBG/HOME Program, will be submitted to the US. Department of Housing and Urban Development for final approval. AGENDA ITEM i# C: Mayor City Council City Manager CITY OF CARLSBAD 2003-2004 CDBG/HOME PROGRAM LIST OF PROJECT PROPOSALS AND APPROVED FUNDING ALL 12 13 14 After School Program Specialized (Youths) MAAC I Public Services 10,000 5,000 After School Program Specialized (Youths) Meals on Wheels I Public Services 6,000 5,000 Meal Delivery Service Specialized (Adults) Heartland Fair Housing Fair Housing 8,150 8,150 15 Adm in City of Carlsbadl Admin Admin 1 1 1,250 11 1,250 16 17 I8 City of CarlsbadSection 108 Loan Housing 177,029 177,029 Repayment Centro de lnformacion Relocation Public Facilities and 766,177 766,177 Improvements Affordable Housing 244,161 244,161 Wakeland Housing/2578 Roosevelt Street Affordable Housing Housing Note: This amount was recommended