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
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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
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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
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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.
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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
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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
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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
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following approval of this agreement, a written request must be submitted to the City for review
by the Council. No change in use of the CDBG funds will be permitted by the City without prior
formal approval by the Council.
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8. 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.
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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
($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager.
This insurance shall be in force during the term of this agreement and shall not be canceled
without thirty (30) days prior written notice to the City sent by certified mail.
The City shall be named as an additional insured on these policies. The Subrecipient shall
furnish certificates of insurance to the City before commencement of work.
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Executed by Subrecipient this - day
SUBRECI PJENT:
(name of-ecipienp-,
of
ATTES'T:
City Clerk
(Proper notarial acknowledgment of execution by Subrecipient must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY: /
wy City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
County of
I rv,
Name and Title of Oftice e g 'Jane boe, Notary Pu r1
On b I b 0 3 , before me,cybk\h E. &&. hbhJ'$?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.
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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.
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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.
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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
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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
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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