HomeMy WebLinkAboutDarany Associates Inc; 2021-05-28;Administrative Order No. 77
This order shall be efFective immediately
DATE: 2� Zo��
Steven Sar zy
City Manager
Page 10 of 10
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
BOYS AND GIRLS CLUBS OF CARLSBAD FOR
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT ("Agreement") made and entered into as of this a���7 "� day of
20� by and between the CITY OF CARLSBAD ("City") and BOYS
AND GIRLS CL OF CARLSBAD, a non-profit corporation ("Subrecipient").
RECITALS
WHEREAS, the City has applied for and received funds from the United States
Government under Title I of the Housing and Community Development Act of 1974, Public Law
93-383 as amended to fund eligible activities which benefit persons of low and moderate income
under Catalog of Federal Domestic Assistance number 14.218; and,
' WHEREAS, the City wishes to provide assistance to non-profit public service providers
who offer services for lower income Carlsbad residents; and,
WHEREAS, the Subrecipient can provide these basic services for lower income
households with some assistance from the City; and,
WHEREAS, the City has determined that the services offered by Boys and Girls Clubs
of Carlsbad are exempt from environmental review under 24 CFR Section 58.34(a)(4); and,
WHEREAS, the U.S. Department of Housing and Urban Development has approved the
City's Annual Consolidated Plan for Community Development Block Grant funds (hereinafter
referred to as the "Annual Consolidated Plan").
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal community development block grant ("CDBG") funds, in the
amount of nine thousand eight hundred ninety six dollars ($9,896) to the Subrecipient for
provision of services through their offices located at 3115 Roosevelt Street, Carlsbad, CA 92008
for the period beginning July 1, 2017 and ending June 30, 2018. The Subrecipient agrees to use
all federal funds provided by the City to the Subrecipient pursuant to the provisions of this
Agreement, the Scope of Work, attached hereto as Exhibit "A", and in accordance with the terms
of the Annual Consolidated Plan.
Every effort shall be made by the Subrecipient to eXpend the allocated funds in their entirety by
June 20, 2018. If the Subrecipient will be unable to expend all of the funds allocated to the
project by the noted date, the Subrecipient shall request an extension from the City for continued
use of the funds on the approved project based on progress made by the Subrecipient towards
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completing the subject project. The City may agree to grant the extension or notify the
Subrecipient that, in its sole discretion, the funds must be reallocated to another eligible activiry
due to slow project progress.
2. DISBURSEMENT OF FUNDS
The Ciry shall reimburse the Subrecipient with CDBG funds for necessary and reasonable
costs related to the provision of services for eligible residents of Carlsbad for the term of this
Agreement. The reimbursements for costs shall not exceed a total of $9,896. However, no
more than 90 percent of the total agreed upon compensation will be paid during the performance
of this Agreement. The balance due (remaining 10 percent) shall be paid upon final certification
by the City that Subrecipient has administered the services and activities in compliance with all
applicable Federal, state, and local rules and regulations governing these funds, and in a manner
satisfactory to the City.
Payment for eligible expenses shall be made in accordance with budget information provided in
Exhibit "B" and in accordance with performance. Subrecipient represents that the budget
includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds
pursuant to 24 CFR Section 570.502.
Subrecipient shall submit a"Request for Reimbursement" to the City for compensation of
eligible and actual expenses incurred. The City shall not provide any payments/reimbursements
in advance of actual expenditures by the Subrecipient. Subrecipient may request reimbursements
anytime after this Agreement is approved by the City Council and continue until the expiration
date, or amended expiration date, of this Agreement.
Each request for reimbursement shall include documentation to verify expenditure of funds are
consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with
all applicable Federal, state, and local rules and regulations governing these funds. Payroll
rccords, receipts, paid invoices including an itemized statement of all costs are samples of
appropriate methods of reimbursement documentation.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct result
of the use of federal CDBG funds for the program outlined within this Agreement. All reported
program income may be retained by the Subrecipient for costs related to the subject program
activities. However, thc program income, retained by the Subrecipient, must be expended befarc
additional funds are requested from the City. The requirements are set forth in 24 CFR Section
570.504 which is 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 progam as outlined in this agreement. Under this Agreement, the City's only
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financial obligation to the Subrecipient is to provide the CDBG funds of $9,896 maximum as
allocated by the City Council for program year 2017-2018.
5. RECORDS AND REPORTS
The Subrecipient shall maintain all records required by the Federal regulations specified in 24
CFR Section 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 one of the National Objectives
of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records demonstrating compliance with 24 CFR Section 570.505 regarding change of
use of real property acquired or improved with CDBG assistance;
e. Records demonstrating compliance with the requirements in 24 CFR Section 570.606
regarding acquisition, displacement, relocation, and replacement housing;
£ Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
g. Documentation of all CDBG funds received from the City, eligible expenses incurred
for administration of each activity, and other financial records as required by 24 CFR
Section 570.502, and OMB (the United States Office of Management and Budget)
Circular A-110; and,
h. Any other related records as the City shall require to demonstrate compliance with
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" within ten (10) calendar days of the
end of each quarter for the full term of this Agreement. The final progress report is due no later
than June 20, 2018. The report must include sufficient information to assist the Ciry 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
period;
b. Total number of participants from Carlsbad;
c. Number of low/moderate income Carlsbad persons/households participating in the
program during the reporting period;
d. Age and ethnic background of Car(sbad participants; and,
e. Summary of program(s) provided to Carlsbad participants.
f. Quarterly reports must be submitted by the following: October 10, January 10,
April 10, and June 20.
The Subrecipient shall maintain client data demonstrating client eligibility for services provided.
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Such data shall include at the minimum ctient name, address, ethnicity, income leve( or other
basis for determining eligibility, and a description of the 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, Comptro(ler 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 far a period of five (5) years after the termination of all activities funded under this
Agreement. All records subject to litigation, claims, audit findings, negotiations, or other actions
must be retained for five (5) years from the date such action commenced or until completion of
the action and resolution of all issues by the appropriate officials and verified by official written
notice to the Subrecipient, whichever occurs later. .
If the Subrecipient shall receive more than $750,000 in total federal funds in one fiscal year
from the Ciry of Carlsbad and/or any other city or agency, the Subrecipient is required to submit
a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall be
required to submit, to the City, a comprehensive financial audit prepared by an independent,
neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the
term of this Agreement and is due not later than one year after expiration of the agreement. The
Subrecipient shall also be required to submit a second audit for the following period covered
under the fiscal year beginning July 1, 2017 and ending June 30, 2018 for any funds received in
fiscal year 2017-2018 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 on file at the Housing and Redevelopment
Department and with assurances and agreements made, by the City to the United States
Department of Housing and Urban Development of which the Subrecipient is given notice.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as
described in 24 CFR Section 570.502, the federal regulations for the CDBG Program; the federal
requirements are set forth, and incorporated by reference herein, as a provision of this
Agreement.
The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations
as described in Subpart K of the CDBG Program Rcgulations, such as affirmativcly furthering
fair housing, labor standards (Davis Bacon Aet), displacement, relocation and acquisition, and
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employment and contracting opportunities, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as
described in 24 CFR Section 570.604; and
b. The Subrecipient will not assume the City's responsibility for initiating the review
process required under the provisions of 24 CFR Section 52.
The provisions of Subpart K, of the CDBG Program Regulations, incorporated herein by
reference, are a condition of this Agreement.
The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by
religious organizations, if applicable to this Agreement and the approved project outlined herein.
7. CHANGES iN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council and the U.S.
Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds
following approval of this Agreement, a written request must be submitted to the Ciry for review
by the City Council. No change in use of the CDBG funds will be permitted without prior
written approval of the Ciry Council.
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the
provision of services and the equal opportunity employment of personnel.
9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with 24 CFR Sections 85.43 and 85.44, this Agreement may be suspended or
terminated if the Subrecipient fails to comply with any term(s) of the award. 24 CFR Sections
85.43 and 85.44 are incorporated herein 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 properry 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
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attributable to expenditures of non-CDBG funds for acquisition, or improvement
to, the property. Reimbursement is not required after the period of time specified
in paragraph (a) of this section.
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines,
or any damage to goods, or real or personal property 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 arising directly or indirectly out of performance of the project outlined in this
Agreement.
Subrecipient agrees to defend, indemnify, and hold free and harmless the City, its officers,
employees and agents against any of the foregoing liabilities or claims of any kind and any cost
or expenses incurred by the City including attorneys' fees, on account of any of the foregoing
liabilities, including liabilities or claims arising out of alleged defects in any plans or
specifications far 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 Council.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmless
Agreement," all terms, conditions, and provisions hereof shall inure to and shall bind each of the
parties hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or other
funds, the Subrecipient shall obtain and maintain policies of Commercial General Liability
insurance and a combined policy of worker's compensation and employers liability insurance in
an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower
amount is approved by the Risk Manager or the City Manager. The insurance will be obtained
from an insurance carrier admitted and authoriaed to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII" or have
a surplus line insurer which is on the State of California's List of Eligible Surplus Line insurers
with a current Best's Key Rating of not less than "A:X". The City shall be named as an
additional insured on the Commercial General Liability Policy which shall provide primary
coverage to the City.
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This insurance shall be in force during the term of this Agreement and shall not be canceled or
materially changed without ten (10) days prior written notice to the City sent by certified mail.
The Subrecipient shall furnish certificates of insurance and required endorsements to the Housing
and Neighborhood Services Director before commencement of work.
SUBRECIPIENT:
��`1S Q �lc �S �k�oSOrf.a��Sir�GtG�
(Name of Subreci ie
By:
sign e, SIDENT)
Dated: ��,� � � C7�
.
By: �''
'R�cctltR� ��11�o�9w�k, �
Dated: � ` 3a • I 7
CITY OF CARLSBAD:
By:
Matt all, Mayor
Dated: 1 9�.� ����� �
ATTEST:
� �' �' �'.
BARBARA ENGLESON ���
City Clerk
Dated: � /���% �'_5'�
(Proper notarial acknowledgment of execution by Subrecipient must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to
bind the corporation. )
APPROVED AS TO FORM:
Celia A. Brewer, City Attorney
By: �__ -" � ��
Ron Kemp, Assistant CiZy ttorney
,/ / %
Dated: ��' �`��%( �'�►
CA OS/25/2016
i�►:�aii���i
CITY OF CARLSBAD
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SCOPE OF WORK
Contract Term: July l, 2017 to June 30, 2018
Subrecipient Name: Boys and Girls Clubs of Carlsbad
Address: 3115 Roosevelt Street, Carlsbad, CA 92008
Project Description: after school youth programs for lower income children
Projcct Goals & Objectives: (Please Attach Adc�itional Sheets As Necessary.)
L CDBG funds will be used to fund the following activities in compliance with the project
des�ription outlined and in conformance with the Fcderal regulations for the CDBG program:
(Please specify if CDBG funds will he used to funcl costs associated with staffing, rents,
utilities, supplies, etc.)
Funds will be used to offset staffing costs to operate the youth programs and provide
scholarship opportunities for residents.
2. Project objectives to be accomplished during the contract period: (Please describe the
specific services or activities to be provided to low/moderate income Carlsbad residents with
the CDBG funcls a�varded. If applicable, please provide a target objective for the nL�nzber of
persons/households to benefit fi-om the Subrecipient's services/pYoject.)
The primary objective of the after school youth programs and scholarships are to provide a
safe haven where teens can participate in an array of programs targeted at building positive
life skills. Programs are offered in the areas of education, socialization, athletics, arts and
crafts, and recreation. All programs are designed to assist teens in decision making, conflict
resolution, tolerance, empowerment and leadership development. Activities are directed by
professionally trained staff who offer guidance and direction for over 60 teens.
3. Project objectives performance measures:
a. Provide quarterly performance reports to the City of Carlsbad, Housing and
Neighborhood Services Department on the CDBG Quarterly Performance Report form as
provided.
b. Maintain records, invoices, and relevant statistics supporting the quarterly reports.
c. Provide a final performance report, including an evaluation report of the program's
success in meeting established goals, to the City of Carlsbad Housing and Neighborhood
Services Department within 10 days of termination of the contract date on the CDBG
Annual Performance Report form as provided.
CA 8/l3/2012
d. Provide notification to the City of any audits or investigations including results, frndings,
and/or liens.
CA 8/13i2012
EXHIBiT "B"
CITY OF CARLSBAD
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BUDGET
Contract Term: July l, 2017 to June 30, 2018
Subrecipient Name: Boys and Girls Clubs of Carlsbad
Address: 3115 Roosevelt Street, Carlsbad, CA 92008
Project Description: after school youth programs for lower income children
Cost Breakdown: Funds will be used to offset staffing costs to operate the youth programs
and provide scholarship opportunities for residents.
CA 8113��2012
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of �
On ' `—�� "� � � before me,
Date %� . ►
personally appeared
Name(s) of
Name and Title of the Officer
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
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I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signatur
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _
Corporate Officer — Title(s):
Partner — l Limited ❑ General
Individual Attorney in Fact
Trustee Guardian or Conservator
I I Other:
Signer Is Representing:
Signer's Name: _____
Corporate Officer — Title(s): _ _ _
Partner — ' ' Limited I General
' Individual Attorney in Fact
'.', Trustee � Guardian or Conservator
f .I Other:
Signer Is Representing:
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of �_ Qn
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On before me,
Date .
1U8-�r
Here Insert Name and Title of the Offic�r
personally appeared , rl� V �� Q n �r��Gj�.
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
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I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signatur T
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above: __
Capacity(ies) Claimed by Signer(s)
Signer's Name:
' '� Corporate Officer — Title(s):
� I Partner —' Limited �_- General
' ' Individual ' Attorney in Fact
' Trustee 1 Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name: __ __
� Corporate Officer — Title(s): _
_,', Partner — Limited General
i Individual Attorney in Fact
�_ Trustee Guardian or Conservator
Other:
Signer Is Representing:
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02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907