HomeMy WebLinkAbout1989-09-05; City Council; 10234; APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD GIRLS CLUB4 -e CI~OF CARLSBAD - AGENL \BILL
APPROVAL OF AN AGREEPlENT BETWEEN THE CITY OF CARLSBAD AND THE
CARLSBAD GIRLS CLUB
If City Council concurs, your action is to APPROVR, by minute
motion, the agreement between the City and the Carlsbad Girls
Club for the construction of a nine (9) space parking lot and
su.rrounding fence as part of a 540 square foot addition,
ITEM EXPLA NATION -
On May 24, 1989, the City Council selected improvements to the
Carlsbad Girls Club to be funded with 14th year Community
Development Block Grant funds and allocated $10,000 fcr this
purpose. HUD regulations require an agreement between the City
and the Carlsbad Girls Club to assure federal guidelines are me
The City Council needs to approve execution of the agreement.
FISCAL IMPACT
Approval of this agreement will allow release of $10,000 in
Community Development Block Grant funds to the Carlsbad Girls
1 - Agreement between the City of Carlsbad and the Carlsbad Girls Club.
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AGREENEXT BETWEEN THE CITY OF CARLSB24D
AND THE CARLSBAD GIRLS CLUB FOR THE
CONSTRUCTION OF A PARKING LOT AND
SURROUNDING FENCE
THIS AGREEMF,NT is made and entered into this Hql day of
murdcipal corporation, hereinafter referred to as vlCitytl, and
CARLSBAD GIRLS CLUB, a non-profit organization, hereinafter
referred to as loGranteell; and
1 , 1989, by and between the CITYOF CARLSBAD
WITNESSETH :
WHEREAS, there exists a need within the City of Carlsbad t provide multi-purpose services to girls from low/moderate incom households; and
WHEREAS, the Girls Club operates programs in such a manner that persons of low/moderate income are not exclud'ed from participation; and
Grant funds from the federal government for the purpose of
improving the quality of living as part of sound community
development; and
Girls Club in order to increase services.
WHEREAS, the City has received Community Development Block
WHEREAS, the Grantee has expressed a desire to expand the
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows:
1. Fundinq:
The Grantee shall adhere to the terms of the City's Community Development Block Grant Application, and with
agreements and assurances made by the City to the United
States Department of Housing and Urban Development,
hereinafter referred to as WUDII, for funds tso carry out
said project .
Grantee also agrees that it undertakes, hereby, the same
obligations to the City that the City has undiertaken to HU
or other grantors pursuant to said applications and
assurances, specifically including compliance with OMB
circular A-102 entitled YJniform Administrative Requiremen
for Grants-in-Aid to State and Local Governme'ntsIf (with particular reference to Appendix 0 of OMB Circular A-102 relating to procurement standards) and compliance with OME Circular A-87 entitled ''Cost Principles Applicable to Gran
and Contracts with State and Local Governments."
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2. USE OF FUNDS:
The Grantee agrees to use the Community Development Block
Grant funds ($10,000) allocated by the City for the purpos of constructing nine parking spaces and a surrounding fenc as part of a 540 square foot addition to the #Girls Club.
3. DISBURSEMENT OF FUNDS:
The City agrees to reimburse the grantee for the cost of construction work as specified in the accepted Contractor!
Bid Proposal to a maximum of $10,000 upon submittal by the grantee of a request for reimbursement supported by a recc
of payment and assurance that the work has been completed.
4. RECORDS:
Grantee shall retain all records related to the project fc
a period of three (3) years from the date of submission of
the City's Annual Grantee Performance Report unless such
records are the subject of audit findings. Records that a the subject of such audit findings shall be retained for three (3) years or until such audit findings have been cleared, whichever is later.
The Grantee shall maintain a separate accounting for the federal funds. The City, Federal Grantor Agency, Comptroller General of the United States, or any of their duly-authorized representatives shall have access to any books, documents, papers and records of the Grantee which directly pertain to the above project for the purpose of
audit, examination, excerpts and transcriptions.
7. EQUAL OPPORTUNITY:
Grantee shall comply with Title VI of the Civil Rights Act of 1964, Title VI11 of the Civil Rights Act of 1968, Executive Order 11246 as amended by Executive Orders 11375 and 12086, Section 109 of the Housing and Community Development Act of 1974, Executive Order 11063 as amended
Executive Order 12259 and any Department of Housing and
Urban Development regulations heretofore issued to impleme these authorities relating to Civil Rights.
8. LABOR, MATERIALS, AND SERVICES:
Grantee shall furnish all labor, materials and services an bear all expenses necessary to accomplish the work and services agreed upon in this Contact. The City's only
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financial obligation to Grantee is to provide the Communit Development Block Grant funds ($10,000) allocated by the City Council.
9. LABOR STANDARDS:
Grantee shall comply with Section 110 of the :Housing and
Community Development Act of 1974 requiring that all
laborers employed by contractors or subcontractors on construction work shall be paid wage rates not less than those prevailing on similar construction in the locality a determined by the Secretary of Labor in accorldance with th Davis-Bacon Act.
Grantee shall not award contracts to contractors who have been debarred, suspended or placed in ineligibility status under provisions of 24CFR Part 24.
10. WORK SCHEDUIX:
Work will be completed by December 31, 1989, and receipts submitted for reimbursement to the City.
11. HOLD HARMLESS:
Grantee agrees to defend, indemnify and hold the City
harmless from any and all liability which may arise or
allegedly arise from the operation of Carlsbad Girls Club. Should it become necessary for the City to commence suit t enforce any of the terms and conditions of this Agreement, or to defend any action relating to the provisions of thes services, Grantee agrees to pay any and all attorney's fee and court costs incurred by the City.
12. CANCELLATION OF AGREEMENT:
In the event Grantee fails to provide or comply with the
provisions herein, City retains the right to cancel said
Agreement upon thirty (30) days written notice.
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IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed as of the first day and year written
above.
CITY OF CARLSBAD
BY ALETKA aaxiGdQ9 L. RAUTENKRANZ BY gd! UDE A. LE ffKA IS City Clerk Mayor
CARLSBAD GIRLS CLUB
By:
Margder JU Spinay President
Board of Director
City Attorney