HomeMy WebLinkAbout1997-02-11; City Council; Resolution 97-66,
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CITY COUNCIL RESOLUTION NO. 9 7 - 66 :
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUBRECIPIENT AGREEMENT WITH THE
BOYS AND GIRLS CLUB OF CARLSBAD FOR THE CITY OF CARLSBAD'S
PROGRAM
WHEREAS, on April 16, 1996 and subsequently on June 19, 1996, the City Council o
City of Carlsbad, California selected the programs to receive funding under the City's 195
Community Development Block Grant (CDBG) Program;
1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT
WHEREAS, the City Council of the City of Carlsbad, California has considered the req1
subrecipient agreement for 1996-97 Community Development Block Grant funds with the Boys
Girls Club of Carlsbad for the implementation and administration of the Teen Scene Program;
WHEREAS, the City has determined that this Community Development Block Grant fu
activity is exempt from environmental review under 24 CFR Section 58.34 (a)(9); 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 1996-97 Community Development €3
Grant Subrecipient Agreement, on file in the City Clerk's office, with the Boys
Girls Club of Carlsbad for the implementation and administration of the Teen S
Program.
3. That the Mayor is authorized to sign the Community Development Block C
Subrecipient agreement on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsl
California, on the 11th day of February 1997, by the following vott
wit:
AYES: Council Members Lewis, Nygaard, Kulchin and Hall
NOES: None
ABSTAIN: None
ABSENT: Council Member Finn
ATTEST:
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AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
BOYS AND GIRLS CLUB OF CARLSBAD FOR 1996-97
THIS AGREEMENT, made and entered into as of this 14th day of
FEBRUARY 1997, by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as "City", and BOYS AND GIRLS CLUB OF
CARLSBAD, a non-profit organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Government
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fund
eligible activities which benefit persons of low and moderate income;
WHEREAS, the City has the need to provide assistance to non-profit public service providers
who offer recreational and/or cultural programs/activities for lower income persons.
WHEREAS, the Subrecipient can provide this basic service for low and moderate income
households with some assistance from the City; and,
WHEREAS, the City has determined that the Teen Scene Program offered by the Boys and
Girls Club is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(9);
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 federal 1996-97 Community Development Block Grant (CDBG) funds,
in the amount of fourteen thousand six hundred and forty dollars ($14,640) to the Subrecipient
for operation of the Teen Scene program located at 31 15 Roosevelt Street in Carlsbad,
California.
The Teen Scene Program will offer teens recreational, physical recreation, educational, social,
and artistic services during the afternoon and evening hours. The Boys and Girls Club is
specifically open to teens only on Thursday and Friday evenings to participate in a variety of
structured activities. Services to be provided include, but are not limited to:
a. Recreational activities;
b. Workshops and discussions centering on conflict resolution, drug awareness, career
planning, and visual, literary, and performing arts;
C. Tutoring;
d. Study hall;
e. Computer training;
f. Counseling and mediation; and,
g. Mentoring program.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by
June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to the
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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.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related to
the provision of services for eligible residentskitizens of Carlsbad for the period beginning July
1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be made
in accordance to budget information to be submitted to the City and in accordance with
performance. The reimbursements for costs shall not exceed a total of $14,640. The City
shall not provide any payments/reimbursements in advance of actual expenditures by the
Subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment for
program administration costs. Prior to receiving reimbursement, the City will verify that the
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.
Each request for reimbursement shall include documentation to verify expenditure of funds are
consistent with the project descriptioddefinition as approved by the City Council. Payroll
records, receipts, paid invoices including an itemized statement of all costs are samples of
appropriate methods of reimbursement documentation.
The 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. 4
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 Sections 570.504 (c) 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 $14,640
maximum as allocated by the City Council for program year 1996-97.
5. RECORDS AND REPORTS
The Subrecipient shall maintain all records required by the Federal regulations specified in 24
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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 required to document the acquisition, improvement, use or disposition of real
e. Records documenting compliance with the fair housing and equal opportunity
property acquired or improved with CDBG assistance;
components of the CDBG program;
for administration of each activity, and other financial records as required by 24 CFR
Part 570.502, and OMB Circular A-1 10; and,
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginning
July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of each
quarter. The final progress report is due no later than July 15, 1997. 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. Total number of persons/households participating in the program during reported
b. Total number of participants from Carlsbad;
program during the reporting period;
f. Documentation of all CDBG funds received from the City, eligible expenses incurred
g. Any other related records as the City shall require to demonstrate compliance with
period;
C. Number of low/moderate income Carlsbad persons/households participating in the
d. Age and ethnic background of Carlsbad participants;
e. Summary of program(s) provided to Carlsbad participants; and
The Subrecipient shall maintain client data demonstrating client eligibility for services
provided. Such data shall include at the minimum client name, address, ethnicity, income level
or other basis for determining eligibility, and description of service provided. This data shall
assist the Subrecipient in completing the required quarterly progress reports to be submitted to
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG funds
provided by the City. The City, Federal Grantor Agency, Comptroller General of the United
States, or any of their duly-authorized representatives shall have access to all books,
documents, papers and records maintained by the Subrecipient which directly pertain to the
above project for the purpose of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial records,
supporting documents and statistical reports related to the project identified under this
agreement for a period of three (3) years after the termination of all activities funded under this
Agreement. All records subject to an audit finding must be retained for three (3) years from
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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.
If the Subrecipient shall receive more than $25,000 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 period beginning July 1, 1996 and ending June 30, 1997 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 period covered under fiscal year beginning July 1, 1997 and
ending June 30, 1998 for any funds received in fiscal year 1997-98 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, such as labor standards (Davis Bacon Act), fair housing
requirements of the CDBG Program Regulations, 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
of the Code of Federal Regulations.
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 reiated 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. 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 wiIl 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 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.
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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 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.
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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 $5,000 from the City in CDBG funds and/or other
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a
combined policy of worker’s compensation and employers liability insurance from an insurance
company authorized to do business in the State of California which meets the requirements of
City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars
($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.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of
the day and year first written above.
BOYS AND GIRLS CLUB OF CARLSBAD, a non-profit organization,
cipal corporation of the State of California
CL’kJDE A. $XJDf’ LEWIS, MAYOR
‘\, ’ I ATT,qST: I
\
ALETHA L.. RAUTENKRANZ, CITY CLERK\
APPROVED AS TO FORM:
Q&f&Qp
RONALD R. BALL, CITY ATTORNEY
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