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HomeMy WebLinkAbout1992-12-15; City Council; Resolution 92-363II w W L/\I IIUI I /I RESOLUTION NUMBER 92-363 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUBRECIPIENT AGREEMENT WITH THE SAN DlEGO SERVICE CENTER FOR THE BLIND FOR USE OF PROGRAM YEAR 1990-91 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS 3 4 5 Ii WHEREAS, the City Council of the City of Carlsbad, California, on the 15th day c 6 December , 1992 considered the required Subrecipient Agreement with the Sal 7 WHEREAS, on May 8, 1990 this project was approved for funding with 1990-9 8 Diego Service Center for the Blind; and 9 federal Community Development Block Grant (CDBG) funds in the amount of $40,00C lo 11 and 12 13 14 16 15 17 19 18 WHEREAS, the City Council has taken all testimony into account; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true and correct. 2. That the City Council has approved the Subrecipient Agreement between the Cio of Carlsbad and the San Diego Service Center for the Blind for use of CDBG funding from Program Year 1990-91, as attached hereto as Exhibit 2. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, on the 15th day of December , 1992, by the following vote, to wit: I 2o /I AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finni: 21 I/ NOES: None 22 23 ABSENT: None 24 25 ATTEST: 26 27 28 " (5dQXlLm. jG - ALET'HA. L. RAhENKRANZ, City Clerk I/ (Seal) II ,/ W W' ._ AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE SAN DIEGO SERVICE CENTER FOR THE BLIND FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 21 st day of DECEMBER 199)by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and SAN DIEGO SERVICE CENTER FOR THE BLIND, a non-profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the San Diego Service Center for the Blind is in need of an additional facility to provide services to blind individuals; and WHEREAS, the San Diego Service Center for the Blind has located a site in Vista to conduct additional services for the blind; and WHEREAS, the City of Carlsbad is interested in providing assistance to make services available to blind individuals of this community and, WHEREAS, the City of Carlsbad approved funding for property acquisition purposes for the San Diego Service Center for the Blind; and WHEREAS, the City of Carlsbad, the County of San Diego, the City of Vista have approved funding for the San Diego Service Center for the Blind and are working together on this project; and WHEREAS, the City has conducted the required environmental review for the project and HUD has authorized the release of funds for this purpose; and WHEREAS, the Subrecipient possesses the necessary skills and qualifications to provide the services required by the City to operate a Rehabilitation Center for the blind; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: W w " 1. STATEMENT OF WORK DESCRIPTION OF WORK-The CDBG funds are to be used for costs directly associated with the purchase of property for a new Rehabilitation Center which will be operated by the San Diego Service Center for the blind. Upon completion of the acquisition, the facility at 1385 Bonair Road, Vista will provide rehabilitative services for the blind and visually impaired. The services will include education courses in Braille, sensory awareness, typing, sewing and adaptive cooking. In addition, group counseling and exercise classes will be offered. It is anticipated that 25-30 individuals will receive assistance each day at the Rehabilitation Center. The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to acquire the property for the Rehabilitation Center as outlined in this agreement. SCHEDULE-The Subrecipient shall expend the entire allocation of $40,000 for property acquisition purposes by June 1, 1993. Services for the blind should begin when the Rehabilitation Center has been remodeled to provide a safe, learning environment for blind persons and should not begin until the certificate of occupancy is issued by the City of Vista. It is anticipated that 25 individuals will receive assistance each day at the Rehabilitation Center. If the subrecipient is unable to expend all of the funds allocated for this project, by June 1, 1993, a written request for extension of the allocation must be submitted, by the Subrecipient, to the City of Carlsbad; the extension request is due by June 15, 1993. BUDGET-The City allocated federal Community Development Block Grant (CDBG) funds in 1990-91, in the amount of forty thousand dollars ($40,000) for the San Diego Service Center for the Blind. All of the funds must be used for site acquisition costs for the Rehabilitation Center which is located at 1385 Bonair Road in Vista. Under this agreement, the City's only financial obligation to the Subrecipient is to provide the CDBG funds of forty thousand dollars ($40,000) as allocated by the City Council, if the Subrecipient meets the conditions set forth in this agreement. 2. RECORDS AND REPORTS RECORDS-The Subrecipient shall establish and maintain sufficient records to enable the City/HUD to determine whether the Subrecipient has met the requirements of the agreement as defined in Section 570.506. 2 W w .. FINANCIAL RECORDS-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 other duly- authorized representatives shall have access to all books, documents, papers and records maintained by the Subrecipient which directly pertain to the above service for the purpose of audit, examination, excerpts and transcriptions. REPORTS-The Subrecipient shall complete a Performance Report which will provide the following information to assist the City in monitoring the performance of the Subrecipient for the period between December 15, 1992 and June 30,1993: (a) a full description of the activity to be assisted with CDBG funds from Carlsbad, including the project location, the total funding amount budgeted ($40,000); (b) total number of handicapped persons served; (c) total number of low and very low income persons served; (d) total number of persons served from Carlsbad; (e) total number of single heads of households served; (9 the race and ethnicity of persons served; DISPLACEMENT-no family, individual, business, nonprofit organization or farm shall be involunarily displaced as a result of this property acquisition. AUDIT REQUIREMENTS-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 period beginning July 1,1992 and ending June 30, 1993; the audit is due not later than September 1, 1993. If this agreement is extended, for any reason, into program year 1993-1994, the Subrecipient shall be required to submit a second audit for the period covered under the amended agreement. Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supporting documents and statistical reports related to the services provided under this agreement until December 31, 1995. All records subject to an audit finding must be retained for three (3) years from the date the finding is made or until the finding has been cleared by appropriate officials and the Subrecipient has been given official written notice. 3 w w .’ . 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 acquisition of the site for the Rehabilitation Center. Any reported program income may be retained by the Subrecipient for costs related to the San Diego Service Center for the Blind. However, the program income, retained by the Subrecipient, must be reported to the City and expended before additional funds are requested from the City. 4. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City’s CDBG Application, 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 S.ubrecipient shall ‘carry out all activities in compliance with all Federal laws - ’ and regulations as described in Subpart K of the CDBG Program Regulations,. (the provisions of Subpart K,. of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement) 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 Executive Order 12372 described at 570.612 in the Federal regulations. 5. 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. 4% w - . *. 6. REVERSION OF ASSETS Upon the expiration of the agreement, the subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration including accounts receivable attributable to the use of CDBG funds. 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 must: a. be used to meet one of the national objectives in Section 570.208 of CFR 24 until five years after the expiration of the agreement; or b. be disposed of in a manner which 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-Carlsbad CDBG funds involved in the acquisition of, or improvements to, the real property. Such reimbursement is only required until five years after the expiration of the agreement. 7. CHANGES IN USE OF FUNDS Any desired changes in the use of CDBG funds must be approved, in advance by funds following approval of this agreement, a written request must be submitted to the C’ity for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior approval by the Council. . .. . ’ .. the City Cci..’:c=il.. If the Subrecipient desires a change in the use of the.CDBG 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the provision of services and the employment of personnel. 9. 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 the performance of the service outlined in this agreement. 5 w W, .. 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/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 the facility or the program. 10. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent of the City. 11. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Section 9, “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. 12. 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. 90-96 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 w w .* IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year first written above. SAN DIEGO SERVICE CENTER FOR THE BLIND, a non-profit organization, h,//JfL MICHAEL PALMER, PRESIDENT CITY OF CARLSBAD, a municipal co the State of California ff WIS, MAYOR CITY OF CARLSBAD, a municipal co the State of California ff WIS, MAYOR ATTEST: (*A ALETHA L. RAUTENKRANZ, CITY CLERK) APPROVED AS TO FORM: n /LJL * 7 2" 7