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HomeMy WebLinkAbout2005-044 CDBG Grant Funds Copy M i Y0b ATASCADERONTRACT#� SUBRECIPIENT AGREEMENT FOR 2005 CDBG GRANT FUNDS BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ATASCADERO La THIS AGREEMENT is made and entered into this 29.N� ' day of, 20(�, by and between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called "Recipient" and the City of Atascadero, a municipal corporation of the State of California, located in the County of San Luis Obispo, hereinafter called "Subrecipient"; jointly referred to as "Parties." WITNESSETH WHEREAS, on July 16, 2005, the Recipient and the Subrecipient entered into a Cooperative Agreement to implement the Housing and Community Development Act of 1974, herein called the "Act." Said Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and is administered by the federal Department of Housing and Urban Development(herein "HUD"); and WHEREAS, the Parties' participation in the programs funded by the Act is pursuant to compliance with all applicable federal laws,regulations and executive orders; and WHEREAS, according to federal regulations 24 CFR- 570.503, before disbursing any Community Development Block Grant(CDBG) funds to a Subrecipient, a written agreement shall be signed by the Recipient and Subrecipient; and WHEREAS, the agreement shall remain in effect throughout the implementation of projects specified in the 2005 CDBG Consolidated Plan and any amendments thereto. NOW THEREFORE, pursuant to the provisions of Title 24, Chapter V, of the Code of Federal Regulations,the Parties agree as follows: 1. Federal Regulations All references in this agreement to federal regulations refer to numbered sections of the current edition of Title 24, Chapter V, of the Code of Federal Regulations. 2. Statement of Work- Section 570.503 The following statement of work provides information for the Recipient to effectively monitor performance of all projects being completed under this agreement. The Program Year 2005 Action Plan includes a project description and a budget for each project funded wholly, or in part,by CDBG funds. The Subrecipient may request modification of the tasks, schedule or budget in writing to the Recipient. The Recipient shall review each request to modify tasks, schedule or budget on a case-by-case basis and will respond to the Subrecipient within 30 days of the request. The projects listed below shall be implemented by the Subrecipient. For a con6.',; description of each project(i.e., project location, project scale, and clientele to be served)pleas; COMMUNITY DEVELOPMENT BLOCK GRANT,2005 PROGRAM SUBRECIPIENT AGREEMENT CITY OF ATASCADERO PAGE 2 refer to the Urban County of San Luis Obispo's 2005 Consolidated Plan, specifically the Appendix entitled"U.S. Department of Housing and& Urban Development/CPD Consolidated Plan/Listing of Proposed Projects." Project Budget Start Date Finish Date Forty Wonderful Health Screening Program by EOC $ 1,500 July 1, 2005 June 30, 2006 Senior Health Screening by EOC $ 2,000 July 1,2005 June 30,2006 Teen Academic Parenting Program by EOC $ 1,500 July 1, 2005 June 30,2006 Big Brothers Big Sisters Mentoring Program $ 3,000 July 1, 2005 June 30,2006 Caring Callers Program by Senior Volunteer Services $ 1,000 July 1, 2005 June 30, 2006 Motel Voucher Program and Operational Costs for the $ 6,003 July 1, 2005 June 30,2006 El Camino Housing Organization Purchase of groceries by the Atascadero Loaves and $ 5,000 July 1,2005 June 30,2006 Fishes Support Services for At-Risk Youth by Court $ 2,000 July 1, 2005 June 30,2006 Appointed Special Advocacy(CASA) Dental Care Program-La Clinica de Tolosa $ 2,500 July 1, 2005 June 30,2006 Youth Activities Scholarship Fund by the Atascadero $ 7,476 July 1, 2005 June 30, 2006 Community Services Foundation Code Enforcement in redevelopment area $ 50,000 July 1, 2005 June 30,2006 Installation of Air Conditioner-Atascadero Loaves $ 7,040 July 1, 2005 December 31,2006 and Fishes New Flooring-North County Women's Shelter $ 2,200 July 1,2005 December 31,2006 ADA Restroom Remodel at Lake Park $ 79,336 July 1, 2005 December 31,2006 HOTLINE 2-1-1 Planning Grant by HOTLINE of SLO $ 1,000 July 1, 2005 June 30,2006 County Administration $ 41,639 July 1, 2005 June 30,2006 Total $213,194 3. Records Federal regulation 570.503(b)(2) requires that this agreement set forth the required records and record keeping responsibilities that the Subrecipient assumes upon receiving CDBG funds. All records and record keeping activities required of the Recipient by section 570.506 of the federal regulations shall be created and maintained by the Subrecipient and shall be, on the request of Recipient, submitted to the Recipient. To effectively monitor projects for compliance with CDBG regulations, all records must be available for review, or may be required for submittal to the Recipient. COMMUNITY DEVELOPMENT BLOCK GRANT,2005 PROGRAM SUBRECIPIENT AGREEMENT CITY OF ATASCADERO PAGE 3 4. Reports All reports required by federal regulations 570.507 shall be prepared and maintained by the Subrecipient. The following reports shall be maintained and/or submitted by the Subrecipient to the Recipient: A. The Subrecipient shall submit an annual performance and evaluation report no later than 30 days after the completion of the most recent program year showing the status of all activities as of the end of the program year. The purpose of the performance and evaluation report is to assist the Recipient in complying with its reporting obligations under 24 Code of Federal Regulations section 570.507(a) and under 24 Code of Federal Regulations Part 91. The Recipient shall specify the content and format of this report. B. Quarterly progress reports shall be submitted by the Subrecipient to the Recipient on, or before,the fifteenth day following the quarter end. The quarterly report shall include a description of the approved activities completed, any problems encountered and corrective actions taken. C. As to CDBG funds covered by theagreement,the Subrecipientagrees tot prQvide the Recipient access to its accounting records and documents and to provide non-financial assistance needed by Recipient in the performance of its monitoring function. D. Subrecipients who receive at least$300,000 of CDBG funds will contract with an independent certified public accountant to conduct a financial audit of their whole organization and will include an audit with a separate report of the projects funded by CDBG funds in accordance with federal OMB Circular A-133, also otherwise known as the single audit. E. Copies of any audited financial reports and the single audit report will be provided to the Recipient. F. The Subrecipient will require any of its non-profit Subrecipients that receive at least $300,000 of CDBG funds to procure an audit of their financial records in accordance with federal OMB circular A-133. G. Other reports and information may be required as determined necessary by HUD to carry out its responsibilities under the Act or other applicable laws. The Subrecipient agrees to provide any HUD required reports. COMMUNITY DEVELOPMENT BLOCK GRANT, 2005 PROGRAM SUBRECIPIEN T AGREEMENT CITY OF ATASCADERO PAGE 4 5. Payments Subrecipient may request payments twice monthly. The information required by HUD for cash disbursements shall be provided by the Subrecipient to request payment from the Recipient. The Recipient shall review payment claims for compliance with the statement of work and the other provisions of this agreement. All payment of claims are subject to the availability of funds to the Recipient from HUD. If claims are approved,the Recipient shall make payment to Subrecipient according to the following schedule: A. If a Subrecipient submits a cash request on or before the tenth of the month, payment shall be made by the Recipient to the Subrecipient by the twentieth of the month. B. If a Subrecipient submits a cash request on or before the twentieth of the month, payment shall be made by the Recipient to the Subrecipient by the thirtieth of the month. 6. Pro ram income - Section 570.504 A. The Subrecipient shall notify the Recipient on a quarterly basis of any income generated by the expenditure of CDBG funds and received by the Subrecipient. Such income may be retained by the Subrecipient subject to the provisions of the Cooperative Agreement, the Act, and its regulations. Any program income retained must only be used for eligible activities in accordance with all CDBG requirements. B. Instead of the Recipient, it shall be the Subrecipient's responsibility to manage and use the program income in compliance with the standards and requirements set forth in section 570.504(a) & (b)(1)through(b)(3). The transfer of CDBG funds from the Recipient to the Subrecipient shall be adjusted to reflect any program income in accordance with the principles set forth in section 570.504(b)(2)(i) and(ii). In addition, all of the provisions of this agreement(between the Recipient and the Subrecipient) shall apply to the management and use of the program income. C. Recipient shall monitor the use of any program income, requiring appropriate record keeping and reporting by the Subrecipient as may be needed for this purpose, and shall report the use of such program income to HUD. In the event of close-out as defined in section 570.509 of the federal regulations or change of status of the Subrecipient, (i.e., from Subrecipient to entitlement), all program income on hand or received by the Subrecipient subsequent to the close-out or change of status shall be paid to the Recipient. COMMUNITY DEVELOPMENT BLOCK GRANT, 2005 PROGRAM SUBRECIPIENT AGREEMI ENT CITY OF ATASCADERO PAGE 5 D. Any program income on hand when the agreement expires, or received after the agreement's expiration, shall be paid to the Recipient as required by section 570.503(b)(8). 7. Uniform Administrative Requirements The Subrecipient shall comply with all sections of the Uniform Administrative Requirements described in 24 Code of Federal Regulation section 570.502 subdivision(2). 8. Other program requirements The Subrecipient shall carry out each activity in compliance with all federal laws and regulations described in subpart K of the CDBG federal regulations, except that Subrecipient does not assume the Recipient's environmental responsibility described in federal regulations section 570.604; and Subrecipient does not assume Recipient's responsibility for initiating the review process under the provisions of 24 CFR part 52 per federal regulation 570.503(5)(ii). Subrecipient shall assist Recipient in conducting environmental reviews for activities identified in Paragraph two of this agreement. The Subrecipient is responsible for spending all funds in compliance with all applicable regulations, laws and executive orders, and warrants it will do so. In the event that the Subrecipient violates any such regulations, laws and/or executive orders, and such violation(s)result in the Recipient incurring expenses and/or making payments to HUD attributable to some or all of the funds received by Subrecipient, then the Subrecipient shall pay to Recipient, on the demand of Recipient, all of the said expenses incurred by Recipient and all of the payments made by Recipient as a result of Subrecipient's said violation(s). 9. Suspension and Termination In accordance with 24 CFR 85.43, suspension or termination may occur if Subrecipient materially fails to comply with any term of the award, and the award may be terminated for convenience in accordance with 24 CFR 85.44. 10. Reversion of assets - Section 570.503 (b)(8) All transfers of assets are subject to the provisions of the Cooperative Agreement. Upon the expiration of this agreement,the Subrecipient shall transfer to the Recipient any CDBG fluids on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of$25,000 (whether in the form of a grant or loan)must be used to meet one of the national objectives in federal regulations section 570.208 until five years after the expiration of this agreement. If Subrecipient chooses not to use the real property COMMUNITY DEVELOPMENT BLOCK GRANT,2005 PROGRAM SUBRECIPIENT AGREEMENT CITY OF ATASCADERO PAGE 6 to meet one of the national objectives for five years then Subrecipient shall pay Recipient upon expiration of this agreement an amount equal to the current market value of the real property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. NOW,THEREFORE, the parties hereto have caused this Subrecipient agreement to be executed and attested by their proper officer thereunder duly authorized, and their official seals to be hereunto affixed, all as of the day first above written. APPROVED AS TO FORM AND CONTENT: CITY OF ATA�YADERO 1 BY: track nright, City Attorney DATED: % ' 9 City of Atascadero BY: ade G. McKinney, City M pager DATED: � Zk � ATTEST: ykk4,4,t-, M. .7i Marcia M. Torgerson, City derk DATED: J �02 C7 ('�57 COMMUNITY DEVELOPMENT BLOCK GRANT, 2005 PROGRAM SUBRECIPIENT AGREEMENT CITY OF ATASCADERO ?AGE 7 COUNTY OF SAN LUIS OBISPO BY: �24" Victor olanda, AICP Director of Planning and Building DATED: 02 — 6;; - 00 APPROVED AS TO FORM AND CONTENT: COUNTY OF SAN LUIS OBISPO, JAMES B. LINDHOLM, JR. COUNTY COUNSEL BY: Depu Count Counsel DATED IO'26'OS o , A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ATASCADERO FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME INVESTMENT PARTNERSHIPS PROGRAM, THE EMERGENCY SHELTER GRANT PROGRAM, THE AMERICAN DREAM DOWNPAYMENT INITIATIVE PROGRAM, AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FOR FISCAL YEARS 2006 THROUGH 2008 THIS AGREEMENT is made and entered into this day of 2005, by and between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called "County"; and the City of Atascadero, a municipal corporation of the State of California, located in the County of San Luis j�ba4sppa „ hereinafter called "City";jointly referred to as "Parties." r _ WITNESSETH WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled, The Housing and Community Development Act of 1974, herein called the "Act". Said Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; and WHEREAS, Title I of the Act is entitled "Community Development" and consolidates several existing categorical programs for housing and community development into new programs for such housing and development of metropolitan cities and urban counties or communities by providing financial assistance annually for area- wide plans and for housing, public services and public works programs; and WHEREAS, the Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships (HOME) Program, the Emergency Shelter Grant (ESG) Program, the American Dream Downpayment Initiative (ADDI) Program, and the Housing Opportunities for Person with AIDS (HOPWA) Program are consolidated under Title I of the Act; and WHEREAS, the County of San Luis Obispo has requested of the federal Department of Housing and Urban Development, hereinafter referred to as "HUD", that the County be designated as an "urban county"; and WHEREAS, the County needs to requalify as an urban county and will be eligible to receive CDBG funds provided that the County's entitled cities defer their entitlement to the County to enable both the County and the entitlement cities to jointly participate in the program; and WHEREAS, the City desires to participate jointly with the County in said program; and Page 1 WHEREAS, if HUD redesignates the County as an urban county, the County may also be eligible to receive funds from the Home Investment Partnership Program (hereinafter referred to as "HOME"), the Emergency Shelter Program (hereinafter referred to as "ESG"), the American Dream Downpayment Initiative Program (hereinafter referred to as "ADDI"), and the Housing Opportunities for Persons with Aids Program (hereinafter referred to as"HOPWA"); and WHEREAS, the Community Development Block Grant Regulations issued pursuant to the Act provide that qualified urban counties must submit an application to the Department of Housing and Urban Development for funds, and that cities and smaller communities within the metropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part of a more comprehensive county effort; and WHEREAS, as the urban county applicant, the County must take responsibility and assume all obligations of an applicant under federal statues, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances of certifications; and WHEREAS, by executing this Agreement, the Parties hereby give notice of their intention to participate in the urban county CDBG, HOME, ESG, ADDI, and HOPWA programs. NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the Parties agree as follows: SECTION I. General. A. Responsible Officers. The Director of the County of San Luis Obispo Department of Planning and Building (hereinafter referred to as "Director") is hereby authorized to act as applicant for the CDBG, HOME, ESG, ADDI, and HOPWA programs and to administer funding and activities under the programs. The City Manager is hereby authorized to act as the responsible officer of the City under the programs. B. Full Cooperation. Parties agree to fully cooperate and to assist each other in undertaking eligible grant programs or projects, including but not limited to community renewal and lower income housing assistance activities, specifically urban renewal and publicly-assisted housing; public services; and economic development. C. Term of Agreement — Automatic Renewal Provision. The term of this Agreement shall be for a period of three (3) years commencing July 1, 2006 through June 30, 2009. In addition, this Agreement automatically renews to a new second consecutive three-year term, unless the City provides written notice at least 60 days prior to the end of the term that it elects not to participate in a new Page 2 qualification period. Before the end of the first three-year term, the County will notify the City in writing of its right not to participate in the urban county for a successive three-year term. The Parties agree to adopt amendments to this Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice by HUD, prior to the subsequent three-year extension of the term. Any amendment to this Agreement shall be submitted to HUD as required by the regulations and any failure to adopt required amendments will void the automatic renewal of the Agreement for the second three-year term. The Agreement remains in effect until the CDBG, HOME, ESG, ADDI, and HOPWA program funds and income received with respect to the three-year qualification period, and the subsequent three-year renewal, are expended and the funded activities are completed. The Parties may not terminate or withdraw from the Agreement while the Agreement remains in effect. D. Scope of Agreement. This Agreement covers the following formula funding programs administered by HUD where the County is awarded and accepts funding directly from HUD: the CDBG Entitlement Program, the HOME Program, the Emergency Shelter Grant (ESG) Program, the American Dream Downpayment Initiative (ADDI) Program and the Housing Opportunities for Person with AIDS (HOPWA) Program. SECTION II. Preparation and Submittal of CDBG Funding Applications. A. Inclusion of City as Applicant. Parties agree that City shall be included in the application the County shall submit to the Department of Housing and Urban Development for Title I Housing and Community Development Block funds under the above recited Act. B. Consolidated Plan. City shall assist the County by preparing a community development plan, for the period of this Agreement, which identifies community development and housing needs, projects and programs for the City; and specifies both short and long-term City objectives, consistent with requirements of the Act. County agrees to: (1) include the City plan in the program application, and (2) include City's desired housing and community development objectives, policies, programs, projects and plans as submitted by City in the County's consolidated plan. C. Application Submittal. County agrees to commit sufficient resources to completing and submitting the Consolidated Plan and supporting documents to HUD in time for the Parties to be eligible to receive funding beginning July 1, 2006, and to hold public hearings as required to meet HUD requirements. D. County Responsibility. Parties agree that the County shall, as applicant, be responsible for holding public hearings and preparing and submitting the Page 3 CDBG funding application and supporting materials in a timely and thorough manner, as required by the Act and the federal regulations established by HUD to secure entitlement grant funding beginning July 1, 2006. E. Grant Eligibility. In executing this Agreement, the Parties understand that they shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during the period in which the Parties are participating in the urban county CDBG entitlement program; and further, the City shall not be eligible to participate in the HOME, ESG, ADDI or HOPWA programs except through the urban county. SECTION III. Program Administration. A. Program Authorization. County Administrator is hereby authorized to carry out activities that will be funded from the annual CDBG, HOME, ESG, ADDI, and HOPWA programs from fiscal years 2006, 2007, and 2008 appropriations and from any program income generated from the expenditure of such funds. B. Responsibilities of Parties. Parties agree that the County shall be the governmental entity required to execute any grant agreement received pursuant to the CDBG, HOME, ESG, ADDI, and HOPWA applications, and the County shall thereby become legally liable and responsible thereunder for the proper performance of the plan and CDBG, HOME, ESG, ADDI, and HOPWA under county programs. City agrees to act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under all subrecipient agreements. City further agrees that it shall fully cooperate with the County in all things required and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its Regulations. C. City Assistance. City agrees to undertake, conduct, perform or assist the County in performing the essential community development and housing assistance activities identified in the City's community development plan. Pursuant to the Act and pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement with the County as set forth in 24 CFR 570.503. SECTION IV. Use of Program Funds. A. Allocation of CDBG funds. All funds received by County pursuant to this Agreement shall be identified and allocated, as described below, to the specific projects or activities set out in the application, and such allocated amounts shall be expended exclusively for such projects or activities; provided, however, that a different distribution may be made when required by HUD to comply with Title I of the Housing and Community Development Act of 1974, as amended. Page 4 1) Metropolitan Cities' Allocation. Parties agree that County shall make available to City a total amount of CDBG funds equal to that which City would have been entitled had it applied separately as a "metropolitan city", using HUD allocation formulas as applied by County. No "administrative" fee or other fees will be deducted by the County to meets its obligations under the terms of this Agreement. Further, with respect to the availability of the funds, County agrees to fully cooperate and assist City in expending such funds. 2) Non-Metropolitan Cities' Allocation. County agrees to allocate a portion of CDBG program funds to the non-Metropolitan, incorporated cities participating in the program. The amount of allocation per city shall be equal to that which the urban county formula award from HUD increases as a result of the HUD allocation formulas as applied by County. 3) Special Urban Project Fund. It is further agreed that County shall set aside a portion of CDBG funds as a Special Urban Projects Fund, available to all participating incorporated cities and the County of San Luis Obispo County on a competitive basis. Amount of the Fund shall equal fifteen (15) percent of the urban county formula CDBG funding after deducting the allocation for cities as described in paragraph 1 and 2 above. The Special Urban Projects Fund shall be awarded annually by the County Board of Supervisors, following criteria developed jointly by County and the cities participating in the program. 4) County allocation. City agrees that urban county formula CDBG funds remaining after deducting allocations for cities and the Special Urban Projects Fund comprise the County allocation. B. Availability of Funds. County agrees to make CDBG funds available to all participating incorporated cities when HUD makes the CDBG funds available to it. The County shall immediately notify the participating incorporated cities of the availability of the funds. It is understood by the Parties hereto that the CDBG funds being used for the purposes of this Agreement are funds furnished to the County, through HUD pursuant to the provisions of the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "Act". Notwithstanding any other provision of this Contract,the liability of the County shall be limited to CDBG funds available for the Project. The City understands that the County must wait for release of CDBG funds from HUD before CDBG funds may be advanced or reimbursed. The County shall incur no liability to the City, its officers, agents, employees, suppliers, or contractors for any delay in making any such payments. Page 5 C. Administrative and Public Services Costs. County hereby acknowledges that City, as subrecipient, incurs certain administrative costs in preparing housing and economic development plans, program planning, management and accounting, professional support services, and other reasonable and necessary expenses to carry out City's plan; and further, County agrees that after the availability of CDBG program funds to City, County shall not use its remaining balance of funds in any way that would limit City's ability to use its CDBG funds to the maximum extent allowed by HUD for administrative, public service, or program purposes. D. Income Generated. City shall notify the County of any income generated by the expenditure of CDBG funds received by the City. Such program income may be retained by City subject to the provisions of this Agreement, the Act and its Regulations. Any program income retained must only be used for eligible activities in accordance with all CDBG requirements as then apply. E. Use of Program Income. County shall monitor the use of any program income, requiring appropriate record-keeping and reporting by the City as may be needed for this purpose, and shall report the use of such program income to HUD. In the event of close-out or change of status of the City, all program income on hand or received by the City subsequent to the close-out or change of status shall be paid to the County. In the event that the City withdraws from the urban county to become an entitlement grantee, as provided under 24 CFR 570.504, all program income on hand or received by the City from urban county activities shall be retained by the City to be used as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. F. Change in Use of Property. City shall notify the County of any modification or change in the use of real property acquired or improved in whole or in part using CDBG funds that is within the control of the City, from that use planned at the time of acquisition or improvement including disposition. Such notification shall be made within thirty (30) days of such change of use and comply with the provisions of 24 CFR 570.505. G. Fair Housing Implementation. Parties agree that no urban county funding shall be allocated or expended for activities in or in support of any cooperation unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. H. Conflict Resolution. In the event of disagreement between the County and the City as to the allocations, disbursement, use, or reimbursement of CDBG funds, the Parties agree to accept HUD's written determination as to the appropriate resolution or disposition of funds to the extent HUD is willing to resolve such disagreement. Page 6 SECTION V. Amendment or Extension of Agreement. A. Subrecipient Agreement. For each fiscal year during the term of this Agreement, County and City shall enter into a Subrecipient Agreement, prepared jointly by County and City, that will list the project(s) City will undertake with its CDBG entitlement funds during that program year. Said Subrecipient Agreement will set forth the project changes, time schedule for completion of the project(s), and additional funding sources, if any. If substantial compliance with the completion schedule cannot be met by the City due to unforeseen or uncontrollable circumstances, the City may extend the schedule for project completion, as allowed by federal regulations. B. Amendments. Parties agree that a fully executed amendment or amendments to this Agreement may be entered into at any time if required or necessary to implement the plans contemplated hereunder, or to comply with any grant agreement or the regulations issued pursuant to the Act. SECTION VI. Compliance with Federal Regulations. A. General. Parties agree to take all actions necessary to comply with the urban county's certifications required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974; the National Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real Property Acquisition Act of 1970; and other applicable laws. B. Citizen Participation. Parties agree to comply with federal citizen participation requirements of 24 CFR Part 91, and provide citizens with: 1) An estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and 2) A plan for minimizing displacement of persons as a result of CDBG- assisted activities and programs, and to provide assistance to such persons. C. Citizen Participation Plan. Parties agree to follow a citizen participation plan which: 1) Provide for and encourages citizen participation, particularly those of low or moderate income who reside in slum or blighted areas where CDBG funds are proposed to be used; 2) Provide citizens with reasonable and timely access to local meetings, staff reports, and other information relating to grantee's proposed use of funds, as required by HUD regulations related to the actual use of funds under the Act; Page 7 3) Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least: 1) formulation of needs; 2)review of proposed grant activities; and 3) review of program performance; for which public hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation of handicapped persons; 4) Provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; 5) Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. D. Parties hereby certify, to the best of their knowledge and belief, that: 1) Conflict of Interest. No federal grant monies have been paid or will be paid, by or on behalf of the Parties, to any officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. 2) Influence. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) Certifications Disclosure. Parties agree to include this certification in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was entered into. Page 8 E. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances. In accordance with Section 519 Public Law 101-144 (the 1990 HUD Appropriations Act), the City certifies that it has adopted and is enforcing. 1) A policy prohibiting the use of excessive force by law enforcement agencies within their respective jurisdictions against any individuals engaged in non-violent civil rights demonstrations; and 2) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within their jurisdictions. SECTION VII. Execution of Agreement and Recordkeepinp. A. HUD Certification. The Director is hereby authorized to execute and submit to the County the HUD Certification Form with respect to the community development activities carried out within the boundaries of the City. It is further understood that the County will rely upon the certification executed by the Director for purposes of executing a certification form for submission to HUD. B. Maintenance of Records. City shall maintain records of activities for any projects undertaken pursuant to the program, and said records shall be open and available for inspection by auditors assigned by HUD and /or County on reasonable notice during the normal business hours of the City. NOW, THEREFORE, the Parties hereto have caused this Cooperation Agreement to be executed and attested by their proper officer thereunder duly authorized, and their official seals to be hereunto affixed, all as of the day first above written. County Counsel Certification The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under State and local laws, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. By: t �. T" y, Deputy County Counsel Date: aA 2=- Page 9 • r COUNTY OF SAN LUIS OBISPO By: C5allperson oft,VgZard of Supervisors Date: JUN 2 8 2005 ATTEST: Julie Rodewald, County Clerk J 13y' Date: JUN 2 8 2005 Deputy Clerk Page 10 NOW, THEREFORE, the Parties hereto have caused this Cooperation Agreement to be executed and attested by their proper officer therunder duly authorized, and their official seals to be hereunto affixed, all as of the day first above written. CITY OF ATASCADERO WEND SCALI MAYOR Date: b � 3 - J ATTEST: MARCIA Mc(-'LURE TORGERSON, C Y CLERK s Date: APPROVED AS TO CONTENT: 6. f WADE G.jjMcKINNEY, CITY ANAGER Date: U— "� APPROVED AS TO FORM: 4P�AL IGHT, CITY ATTORNEY Date: 7 Page 11 CONTRACT/AGREEMENT INFORMATION SHEET Originating Department: PUBLIC WORKS Contact Person: VALERIE Contract/Agreement Purpose: 2002 CDBG SUBRECIPIENT AGREEMENT Amount: $242,266 Council Action ❑ Council approved on 2-26-02 ❑ Capital Project approved with Budget — no separate Council action required by Purchasing Procedures o Cost falls below threshold requiring Council action. Follow-up X Return contract to originating department Li Forward contract to Special Instructions SAN LUIS OBISPO COUNTY '%&%4 flkAB.'MCM`til"'A><9SAP:'�'"m,!�y51.dKh nv'.i,...:.Rx?AtiC.PUNSS Y.:tt::':o..4S YVYasYab'.V:.>.'K4::.A€A.4 5`v;... oTA#-hFi £'"+.3'd.'bYRriYN5A6NA4?5N»`ffi' „3PIfi9W9AS1ffi9 'PN. DEPARTMENT OF PLANNING AND BUILDING VICTOR HOLANDA, AICP DIRECTOR 0111 BRYCE TINGLE, AICP ASSISTANT DIRECTOR June 17, 2002 ELLEN CARROLL ENVIRONMENTAL COORDINATOR FORREST WERMUTH CHIEF BUILDING OFFICIAL City of Atascadero c/o: Valerie Humphrey Department of Public Works 6500 Palma Street Ataascadero, CA., 93422-4299 Subject: Subrecipient Agreement for 2002 CDBG Grant Funds Dear Valerie, Enclosed is the above-mentioned agreement between the County and the City of Atascadero. Please keep in mind that HUD has yet to approve our 2002 Action Plan and therefore the County does not have a contract agreement for the 2002 Community Development Block Grant funds with HUD. I am working with our representative to have the Action Plan approved and I will let you know when this time comes. If you have any questions, please feel free to call me at 781-5787. Sincerely, n avarro Planner III COUNTY GOVERNMENT CENTER - SAN LUIS OBISPO - CALIFORNIA 93408 - (805)781-5600 • 1-800-834-4636 EMAIL: ipcoping@slonet.org - FAX: (805)781-1242 - WEBSITE: http://www.sionet.org/vv/ipcoping SUBRECIPIENT AGREEMENT FOR 2002 CDBG GRANT FUNDS BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ATASCADERO S-" THIS AGREEMENT is made and entered into this day of, ', 2002,by and between the County of San Luis Obispo,apolitical subdivision of the State o alifornia,hereinafter called "Recipient" and the City of Atascadero, a municipal corporation of the State of California, located in the County of San Luis Obispo, hereinafter called "Subrecipient";jointly referred to as "Parties." WITNESSETH WHEREAS,on July 13, 1999,the Recipient and the Subrecipient entered into a Cooperative Agreement to implement the Housing and Community Development Act of 1974,herein called the "Act."Said Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and is administered by the federal Department of Housing and Urban Development(herein "HUD"); and WHEREAS, the Parties' participation in the programs funded by the Act is pursuant to compliance with all applicable federal laws, regulations and executive orders; and WHEREAS, according to federal regulations 24 CFR - 570.503, before disbursing any Community Development Block Grant(CDBG) funds to a Subrecipient, a written agreement shall be signed by the Recipient and Subrecipient; and WHEREAS,the Agreement shall remain in effect throughout the implementation of projects specified in the 2002 CDBG Consolidated Plan and any amendments thereto. NOW THEREFORE, pursuant to the provisions of Title 24, Chapter V, of the Code of Federal Regulations, the Parties agree as follows: 1. Federal Regulations All references in this Agreement to federal regulations refer to numbered section of the current edition of Title 24, Chapter V, of the Code of Federal Regulations. 2. Statement of work- Section 570.503 The following statement of work provides information for the Recipient to effectively monitor performance of all projects being completed under this Agreement. The 2002 Consolidated Plan includes a project description and a budget for each project funded wholly, or in part, by CDBG funds. The Subrecipient may request modification of the tasks, schedule or budget in writing to the Recipient.The Recipient shall review each request to modify tasks,schedule or budget on a case by case basis and will respond to the Subrecipient within 30 days of the request. The projects listed COMMUNITY DEVELOPMENT BLOCK GRANT,2002 PROGRAM SUBRECIPIENT AGREEMENT CITY OF ATASCADERO PAGE 2 below shall be implemented by the Subrecipient. For a concise description of each project (i.e., project location, project scale, and clientele to be served) please refer to the County of San Luis Obispo's 2002 Consolidated Plan,specifically the Appendix entitled"U.S. Department of Housing and&Urban Development/CPD Consolidated Plan/Listing of Proposed Projects." i:::'.'•'ri'iii:ii`'iiii:::::::::i':.r':'`:::::Y;:i: ':'.:::i::::::::i:i;;:}v:::::::i: :i::ii:'�iY: iiij:•Y:S:': ::::::........................ . :::i<:i:•i::::'. : ............ ......:::::::::. .:. xxxx Forty Wonderful Program by EOC 0;a oyY ✓' $ 2,000 July 1, 2002 June 30, 2003 Senior Health Screening by EOC $;-).0i $ 4,000 July 1, 2002 June 30, 2003 Teen Parenting Program by EOC L- 2,4 / $ 3,500 July 1, 2002 June 30,2003 Literacy Council .4 ZOU 1 _�a s ✓ $ 2,500 July 1,2002 June 30,2003 Big Brothers/Big Sisters Mentoring Programa o $ 3,000 July 1, 2002 June 30, 2003 Motel Voucher Program and Supplies by ECHO $ 11,820 July 1,2002 June 30, 2003 00:2-03 i United Cerebral Palsy Supportive Childcare Program $ 2,000 July 1, 2002 June 30, 2003 Youth Activity Scholarships by the Atascadero ✓ $ 7,500 July 1, 2002 June 30, 2003 Community Services Y; 2002-02,(p Code Enforcement $ 60,000 July 1,2002 December 31, 2003 New Roof for Loaves and Fishes facilityZ�c �,✓ $ 11,260 July 1, 2002 June 30, 2003 Kitchen cabinets for the North County Women's $ 6,000 July 1, 2002 June 30, 2003 Shelter Infrastructure Improvements by City of Atascadero $ 77,233 July 1, 2002 December 31, 2003 Cuesta College Small Business DevelopmentaCent r- $ 3,000 July 1, 2002 December 31, 2003 Administration by City of Atascadero $ 48,453 July 1, 2002 December 31,2003 :>:: ii::;> »::>::i::i::i::i:: :::;:.;:.;:.;:.;:.;:.;:.>:.; ::i::i>::i>:::::>;:>>:>::>::ii::>::i::i::i::i:<:>::i::i::i:::;:i::i::i::i::ii:><:>i::ii:;::i::i::i:::::::<:i::i::i:«:i::i::i:::<:>:::<:> 3. Records Federal regulation 570.503(b)(2) requires that this Agreement set forth the required records and record keeping responsibilities that the Subrecipient assumes upon receiving CDBG funds. All records and record keeping activities required of the Recipient by section 570.506 of the federal regulations shall be created and maintained by the Subrecipient and shall be, on the request of Recipient, submitted to the Recipient. To effectively monitor projects for compliance with CDBG regulations, all records must be available for review, or may be required for submittal to the Recipient. COMMUNITY DEVELOPMENT BLOCK GRANT,2002 PROGRAM SUBRECIPIENT AGREEMENT CITY OF ATASCADERO PAGE 3 4. Reports All reports required by federal regulations 570.507 shall be prepared and maintained by the Subrecipient.The following reports shall be maintained and/or submitted by the Subrecipient to the Recipient: A. The Subrecipient shall submit an annual performance and evaluation report no later than 30 days after the completion of the most recent program year showing the status of all activities as of the end of the program year. The purpose of the performance and evaluation report is to assist the Recipient in complying with its reporting obligations under 24 Code of Federal Regulations section 570.507(a) and under 24 Code of Federal Regulations Part 91. The Recipient shall specify the content and format of this report. B. Quarterly progress reports shall be submitted by the Subrecipient to the Recipient on, or before, the fifteenth day following the quarter end. The quarterly report shall include a description of the approved activities completed, any problems encountered and corrective actions taken. C. As to CDBG funds covered by the Agreement,the Subrecipient agrees to provide access by Recipient to its accounting records and documents and to provide non financial assistance needed by Recipient in the performance of its monitoring function. D. Subrecipients who receive at least $300,000 of CDBG funds will contract with an independent certified public account to conduct a financial audit of their whole organization and will include an audit with a separate report of the projects funded by CDBG funds in accordance with federal OMB Circular A-133, also otherwise known as the single audit. E. Copies of any audited financial reports and the single audit report will be provided to the Recipient. F. The Subrecipient will require any of its non-profit Subrecipients that receive at least $300,000 of CDBG funds to procure an audit of their financial records in accordance with federal OMB circular A-133. G. Other reports and information may be required as determined necessary by HUD to carry out its responsibilities under the Act or other applicable laws.The Subrecipient agrees to provide any HUD required reports. COMMUNITY DEVELOPMENT BLOCK GRANT,2002 PROGRAM SUBRECIPIENT AGREEMENT CITY OF ATASCADERO PAGE 4 5. Payments Subrecipient may request payments twice monthly. The information required by HUD for cash disbursements shall be provided by the Subrecipient to request payment from the Recipient. The Recipient shall review payment claims for compliance with the statement of work and the other provisions of this Agreement. All payment of claims are subject to the availability of funds to the Recipient from HUD. If claims are approved, the Recipient shall make payment to Subrecipient according to the following schedule: A. If a Subrecipient submits a cash request on or before the tenth of the month, payment shall be made by the Recipient to the Subrecipient by the twentieth of the month. B. If a Subrecipient submits a cash request on or before the twentieth of the month, payment shall be made by the Recipient to the Subrecipient by the thirtieth of the month. 6. Program income- Section 570.504 A. The Subrecipient shall notify the Recipient on a quarterly basis of any income generated by the expenditure of CDBG funds and received by the Subrecipient. Such income may be retained by the Subrecipient subject to the provisions of the Cooperative Agreement,the Act, and its regulations. Any program income retained must only be used for eligible activities in accordance with all CDBG requirements. B. Instead of the Recipient, it shall be the Subrecipient's responsibility to manage and use the program income in compliance with the standards and requirements set forth in section 570.504(a) & (b)(1)through(b)(3). The transfer of CDBG funds from the Recipient to the Subrecipient shall be adjusted to reflect any program income in accordance with the principles set forth in section 570.504(b)(2)(i)and(ii). In addition, all of the provisions of this Agreement(between the Recipient and the Subrecipient)shall apply to the management and use of the program income. C. Recipient shall monitor the use of any program income,requiring appropriate record keeping and reporting by the Subrecipient as may be needed for this purpose,and shall report the use of such program income to HUD. In the event of close-out as defined in section 570.509 of the federal regulations or change of status of the Subrecipient, (i.e., from Subrecipient to entitlement),all program income on hand or received by the Subrecipient subsequent to the close-out or change of status shall be paid to the Recipient. COMMUNITY DEVELOPMENT BLOCK GRANT,2002 PROGRAM SUBRECIPIENT AGREEMENT CITY OF ATASCADERO PAGE 5 D. Any program income on hand when the Agreement expires, or received after the Agreement's expiration,shall be paid to the Recipient as required by section 570.503(b)(8). 7. Uniform Administrative Requirements The Subrecipient shall comply with all sections of the Uniform Administrative Requirements described in 24 Code of Federal Regulation section 570.502 subdivision(2). 8. Other program requirements The Subrecipient shall carry out each activity in compliance with all federal laws and regulations described in subpart K of the CDBG federal regulations, except that Subrecipient does not assume the Recipient's environmental responsibility described in federal regulations section 570.604; and Subrecipient does not assume Recipient's responsibility for initiating the review process under the provisions of 24 CFR part 52 per federal regulation 570.503(5)(ii). Subrecipient shall assist Recipient in conducting environmental reviews for activities identified in Paragraph two of this agreement.The Subrecipient is responsible for spending all funds in compliance with all applicable regulations,laws and executive orders,and warrants it will do so. In the event that the Subrecipient violates any such regulations, laws and/or executive orders, and such violation(s) result in the Recipient incurring expenses and/or making payments to HUD attributable to some or all of the funds received by Subrecipient, then the Subrecipient shall pay to Recipient, on the demand of Recipient,all of the said expenses incurred by Recipient and all of the payments made by Recipient as a result of Subrecipient's said violation(s). 9. Suspension and Termination In accordance with 24 CFR 85.43, suspension or termination may occur if Subrecipient materially fails to comply with any term of the award, and the award may be terminated for convenience in accordance with 24 CFR 85.44. 10. Reversion of assets- Section 570.503 (b)(8) All transfers of assets are subject to the provisions of the Cooperative Agreement. Upon the expiration of this Agreement, the Subrecipient shall transfer to the Recipient any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of$25,000(whether in the form of a grant or loan)must be used to meet one of the national objectives in federal regulations section 570.208 until five years after the expiration of this Agreement. If Subrecipient chooses not to use the real property to meet one of the national objectives for five years then Subrecipient shall pay Recipient upon expiration of this COMMUNITY DEVELOPMENT BLOCK GRANT,2002 PROGRAM SUBRECIPIENT AGREEMENT CITY OF ATASCADERO PAGE 6 Agreement an amount equal to the current market value of the real property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of,or improvement to,the property. NOW,THEREFORE,the parties hereto have caused this Subrecipient agreement to be executed and attested by their proper officer thereunder duly authorized,and their official seals to be hereunto affixed, all as of the day first above written. APPROVED AS TO FORM AND CONTENT: CITY OF ATASCADERO, ROY A. HANLEY CITY ATTORNEY BY: - 4 az &16kttomey DATED: City of Atascadero BY: Wade G. McKinney, City 1amger ATTEST: ' ..� ( . _ Marcia M. Torge son, City ClcVk Date t COMMUNITY DEVELOPMENT BLOCK GRANT,2002 PROGRAM SUBRECIPIENT AGREEMENT CITY OF ATASCADERO PAGE 7 COUNTY OF SAN LUIS OBISPO BY: Victor Holanda, AICP Date Director of Planning and Building APPROVED AS TO FORM AND CONTENT: COUNTY OF SAN LUIS OBISPO, JAMES B. LINDHOLM, JR. COUNTY COUNSEL BY: Deputy County Counsel DATED: SUBRECIPIENT AGREEMENT FOR 2003 CDBG GRANT FUNDS BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ATASCADERO THIS AGREEMENT is made and entered into this At>,day of, . 116L ,2003,by and between the County of San Luis Obispo,apolitical subdivision of the State of California,hereinafter called "Recipient" and the City of Atascadero, a municipal corporation of the State of California, located in the County of San Luis Obispo, hereinafter called "Subrecipient";jointly referred to as "Parties." WITNESSETH WHEREAS,on July 15,2002,the Recipient and the Subrecipient entered into a Cooperative Agreement to implement the Housing and Community Development Act of 1974,herein called the "Act."Said Act is omnibus legislation relating to federal involvement in awide range ofhousing and community development activities and is administered by the federal Department of Housing and Urban Development(herein "HUD"); and WHEREAS, the Parties' participation in the programs funded by the Act is pursuant to compliance with all applicable federal laws, regulations and executive orders; and WHEREAS, according to federal regulations 24 CFR - 570.503, before disbursing any Community Development Block Grant(CDBG) funds to a Subrecipient, a written agreement shall be signed by the Recipient and Subrecipient; and WHEREAS,the Agreement shall remain in effect throughout the implementation ofproj ects specified in the 2003 CDBG Consolidated Plan and any amendments thereto. NOW THEREFORE,pursuant to the provisions of Title 24, Chapter V, of the Code of Federal Regulations,the Parties agree as follows: l 1. Federal Regulations All references in this Agreement to federal regulations refer to numbered section of the current edition of Title 24, Chapter V, of the Code of Federal Regulations. 2. Statement of work- Section 570.503 The following statement of work provides information for the Recipient to effectively monitor performance of all projects being completed under this Agreement.The Program Year 2003 Action Plan includes a project description and a budget for each project funded wholly,or in part,by CDBG funds. The Subrecipient may request modification of the tasks,schedule or budget in writing to the Recipient. The Recipient shall review each request to modify tasks, schedule or budget on a case by case basis and will respond to the Subrecipient within 30 days of the request. The projects listed below shall be implemented by the Subrecipient. For a concise description of each project (i.e,, project location,project scale, and clientele to be served)please refer to the Urban County of San COMMUNITY DEVELOPMENT BLOCK GRANT,2003 PROGRAM SUBRECIPIENT AGREEMENT CITY OFATASCADERO PAGE 2 Luis Obispo's 2003 Consolidated Plan, specifically the Appendix entitled "U.S. Department of Housing and&Urban Development/CPD Consolidated Plan/Listing of Proposed Projects." �� v� 'Y, � ai��. ,�° �i� ,.� �.w€r�a,�.B.r„�r�+x� a��� .�F �` k ,�'` i2, , y ,� � �� a,�.. c.+z iii e;� rec ��;:';•. ,3�h.�,'���s ` ,H�:3,r., ..` ....�ri,'x� -.�9��..9�.� '','�,��s'% a,i'?: �c„�,,,,+r S zk..,",3, «'�'!,t"�...n,�s,r .,Lh.•. s�s, r _�,�� * i��;*'. _a�a��� ...aa,�.4Y'�_'.'`�ry�3��;"z�,.:.`. Forty Wonderful Program by ECIC $ 2,000 July 1,2003 June 30, 2004 Senior Health Screening by EOC $ 4,000 July 1, 2003 June 30,2004 Teen Parenting Program by EOC $ 3,600 July 1,2003 June 30,2004 Literacy Council $ 2,500 July 1,2003 June 30,2004 Big Brothers/Big Sisters Mentoring Program $ 3,000 July 1,2003 June 30,2004 Motel Voucher Program and Supplies by ECHO $ 11,500 July 1, 2003 June 30,2004 Youth Activity Scholarships by the Atascadero $ 7,500 July 1,2003 June 30, 2004 Community Services Code Enforcement $ 85,000 July 1, 2003 December 31, 2004 Paint the North County Women's Shelter $ 3,400 July 1, 2003 June 30,2004 Bathroom renovations at the North County Women's $ 3,000 July 1,2003 December 31,2004 Shelter Installation of elevator Youth Center-ADA $ 35,000 July 1,2003 December 31, 2004 improvement Wheelchair ramps and lighted crosswalks $ 25,981 July 1, 2003 December 31, 2004 Cuesta College Small Business Development Center $ 3,000 July 1,2003 June 30,2004 Administration by City of Atascadero $ 42,174 July 1,2003 December 31,2004 ;# �nj ffi , � ' ,. 3. Records Federal regulation 570.503(b)(2) requires that this Agreement set forth the required records and record keeping responsibilities that the Subrecipient assumes upon receiving CDBG funds. All records and record keeping activities required of the Recipient by section 570.506 of the federal regulations shall be created and maintained by the Subrecipient and shall be, on the request of Recipient, submitted to the Recipient. To effectively monitor projects for compliance with CDBG regulations, all records must be available for review, or maybe required for submittal to the Recipient. COMMUNITY DEVELOPMENT BLOCK GRANT,2003 PROGRAM SUBRECIPIENT AGREEMENT CITYOFATASCADERO PAGE 3 4. Reports All reports required by federal regulations 570.507 shall be prepared and maintained by the Subrecipient.The following reports shall be maintained and/or submitted by the Subrecipient to the Recipient: A. The Subrecipient shall submit an annual performance and evaluation report no later than 30 days after the completion of the most recent program year showing the status of all activities as of the end of the program year. The purpose of the performance and evaluation report is to assist the Recipient in complying with its reporting obligations under 24 Code of Federal Regulations section 570.507(a) and under 24 Code of Federal Regulations Part 91. The Recipient shall specify the content and format of this report. B. Quarterly progress reports shall be submitted by the Subrecipient to the Recipient on, or before, the fifteenth day following the quarter end. The quarterly report shall include a description of the approved activities completed, any problems encountered and corrective actions taken. C. As t o C DB G funds c overed b y t he A greement, t he S ubrecipient a grees to p rovide t he Recipient access to its accounting records and documents and to provide non financial assistance needed by Recipient in the performance of its monitoring function. D. Subrecipients who receive at least $300,000 of CDBG funds will contract with an independent certified public account to conduct a financial audit of their whole organization and will include an audit with a separate report of the projects funded by CDBG funds in 1 accordance with federal OMB Circular A-133, also otherwise known as the single audit. E. Copies of any audited financial reports and the single audit report will be provided to the Recipient. F. The Subrecipient will require any of its non-profit Subrecipients that receive at least $300,000 of CDBG funds to procure an audit of their financial records in accordance with federal OMB circular A-133. G. Other reports and information maybe required as determined necessary by HUD to carryout its responsibilities under the Act or other applicable laws.The Subrecipient agrees to provide any HUD required reports. COMMUNITY DEVELOPMENT BLOCK GRANT,2003 PROGRAM SUBRECIPIENT AGREEMENT CITY OFATASCADERO PAGE 4 5. Payments Subrecipient may request payments twice monthly. The information required by HUD for cash disbursements shall be provided by the Subrecipient to request payment from the Recipient. The Recipient shall review payment claims for compliance with the statement of work and the other provisions of this Agreement. All payment of claims are subject to the availability of funds to the Recipient from HUD. If claims are approved, the Recipient shall make payment to Subrecipient according to the following schedule: A. If a Subrecipient submits a cash request on or before the tenth of the month,payment shall be made by the Recipient to the Subrecipient by the twentieth of the month. B. If a Subrecipient submits a cash request on or before the twentieth of the month, payment shall be made by the Recipient to the Subrecipient by the thirtieth of the month. 6. Program income- Section 570.504 A. The Subrecipient shall notify the Recipient on a quarterly basis of any income generated by the expenditure of CDBG funds and received by the Subrecipient. Such income may be retained by the Subrecipient subject to the provisions of the Cooperative Agreement,the Act, and its regulations. Any program income retained must only be used for eligible activities in accordance with all CDBG requirements. B. Instead of the Recipient, it shall be the Subrecipient's responsibility to manage and use the program income in compliance with the standards and requirements set forth in section 570.504(a) &(b)(1)through(b)(3). The transfer of CDBG funds from the Recipient to the 1 Subrecipient shall be adjusted to reflect any program income in accordance with the principles set forth in section 570.504(b)(2)(i) and(ii). In addition, all of the provisions of this Agreement(between the Recipient and the Subrecipient)shall apply to the management and use of the program income. C. Recipient shall monitor the use of any program income,requiring appropriate record keeping and reporting by the Subrecipient as may be needed for this purpose,and shall report the use of such program income to HUD. In the event of close-out as defined in section 570.509 of the federal regulations or change of status of the Subrecipient, (i.e., from Subrecipient to entitlement), all program income on hand or received by the Subrecipient subsequent to the close-out or change of status shall be paid to the Recipient. COMMUNITY DEVELOPMENT BLOCK GRANT,2003 PROGRAM SUBRECIPIENT AGREEMENT CITY OFATASCADERO PAGE 5 D. Any program income on hand when the Agreement expires, or received after the Agreement's expiration,shall be paid to the Recipient as required by section 570.503(b)(8). 7. Uniform Administrative Requirements The S ubrecipient s hall c omply w ith a 11 s ections o f t he Uniform A dministrative R equirements described in 24 Code of Federal Regulation section 570.502 subdivision (2). 8. Other program requirements The Subrecipient shall carry out each activity in compliance with all federal laws and regulations described in subpart K of the CDBG federal regulations, except that Subrecipient does not assume the Recipient's environmental responsibility described in federal regulations section 570.604; and Subrecipient does not assume Recipient's responsibility for initiating the review process under the provisions of 24 CFR part 52 per federal regulation 570.503(5)(ii). Subrecipient shall assist Recipient in conducting environmental reviews for activities identified in Paragraph two of this agreement.The Subrecipient is responsible for spending all funds in compliance with all applicable regulations,laws and executive orders, and warrants it will do so. In the event that the Subrecipient violates any such regulations, laws and/or executive orders, and such violation(s) result in the Recipient incurring expenses and/or making payments to HUD attributable to some or all of the funds received by Subrecipient, then the Subrecipient shall pay to Recipient, on the demand of Recipient,all of the said expenses incurred by Recipient and all of the payments made by Recipient as a result of Subrecipient's said violation(s). 9. Suspension and Termination In accordance with 24 CFR 85.43, suspension or termination may occur if Subrecipient materially fails to comply with any term of the award, and the award may be terminated for convenience in accordance with 24 CFR 85.44. 10. Reversion of assets - Section 570.503 (b)(8) All transfers of assets are subject to the provisions of the Cooperative Agreement. Upon the expiration of this Agreement, the Subrecipient shall transfer to the Recipient any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of$25,000(whether in the form of a grant or loan)must be used to meet one o f t he n ational o bj ectives i n f ederal r egulations s ection 5 70.208 until five y ears a fter t he expiration of this Agreement.If Subrecipient chooses not to use the real property to meet one of the national objectives for five years then Subrecipient shall pay Recipient upon expiration of this COMMUNITY DEVELOPMENT BLOCK GRANT,2003 PROGRAM SUBRECIPIENT AGREEMENT CITY OFATASCADERO PAGE 6 Agreement an amount equal to the current market value of the real property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of,or improvement to,the property. NOW,THEREFORE,the parties hereto have caused this Subrecipient agreement to be executed and attested by their proper officer thereunder duly authorized,and their official seals to be hereunto affixed, all as of the day first above written. APPROVED AS TO FORM AND CONTENT: CITY OF ATASCADERO, ROY A. HANLEY CITY ATTORNEY r" '1 BY: City 9orney DATED: 7- 1 City of Atascadero BY: Wade G. McKinney, City Maria er ATTEST: Marcia M. Torgerson, City Cl6k Date COUNTY OF SAN LUIS OBISPO BY: '�-- Victor Holanda, AI-CP Date Director of Planning and Building a COMMUNITY DEVELOPMENT BLOCK GRANT,2003 PROGRAM SUBRECIPIENT AGREEMENT CITY OFATASCADERO PAGE 7 APPROVED AS TO FORM AND CONTENT: COUNTY OF SAN LUIS OBISPO,JAMES B. LINDHOLM, JR. COUNTY COUNSEL BY: *DeputyountCounsel DATED: 7.ZS'