HomeMy WebLinkAbout1994-07-26; City Council; 12799; APPROVAL OF 1993-94 REVISED SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSc.rl)Y OF CARLSBAD - AGWA BILL ..~.~~.~:
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TITLE:
APPROVAL OF 1993-94 REVISED SUBRECIPIENT
AGREEMENT FOR COMMXJNITY DEVELOPMENT DEPT. HSG/RED BLOCK GRANT FUNDS
DEPT
CITY
CITY I I ._ .
RECOMMENDED ACTION:
Adopt Resolution No. CiY -216 to approve the 1993-94 Revised Subrecipient Agreement with the Carlsbad Unified School District for federal Community Development Block Grant Fund,
ITEM EXPLANATION:
On May 25, 1993, the City Council selected the organizations to receive federal Community
Development Block Grant (CDBG) Entitlement funding for the 1993-94 program year. Prio:
to disbursing CDBG funding for the subrecipients, the City must complete appropriate
environmental reviews and execute a written agreement for the various approved project(s).
As required by federal regulations, staff has completed the required environmental review a
prepared an agreement with the Carlsbad Unified School District to assist in the purchase of
stadium lighting for Carlsbad High School.
On June 21, 1994, the City Council approved the 1993-94 Subrecipient Agreement with the
Carlsbad Unified School District (CUSD) for CDBG funds. However, this Subrecipient
Agreement with the Carlsbad Unified School District has since been revised to:
1) Appropriately cite the Carlsbad Unified School District as the Subrecipient (
CDBG funds rather than Carlsbad High School;
2) Clarify compliance with the matching funds requirement prior to the
disbursement of CDBG funds; and
3) Clarify eligible expenditures under the CDBG Program as those costs of tht
new lights for the high school stadium's lighting system, and other hardwar
or materials directly related to the improvement of the stadium lighting
system.
The Revised Subrecipient Agreement is being provided for review and approval at this timt The noted Revised Agreement is attached as Exhibit 2 for City Council review and approvz
The environmental review for the project is on file in the Housing and Redevelopment
Department.
FISCAL IMPACT:
No fiscal impact on the General Fund. The above project will be funded through the fedel
CDBG program.
EXHIBITS:
1 - Resolution No. approving 1993-94 Revised Subrecipient Agreement with th
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qi(4 6 F 0 a Carlsbad Unified School District for federal CDBG funds.
2 - 1993-94 Revised Subrecipient Agreement. z 3 0 0
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CITY COUNCIL RESOLUTION NO. 9 4 - 2 16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAl
CALIFORNIA, APPROVING AREVISED SUBRECIPIENT AGREEMENT WIT
THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR THE CITY C
CARLSBAD'S 1993-94 FEDERAL C0"UNITY DEVELOPMENT BLOC
GRANT PROGRAM
WHEREAS, the City Council of the City of Carlsbad, California, has considered 1
required revised subrecipient agreement with the Carlsbad Unified School District for 1993-
Community Development Block Grant funds; 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 has approved the revised 1993-94 Commu.
Development Block Grant Subrecipient Agreement with the Carl:
Unified School District. The agreement is on file in the City Cle
Office.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Carlsbad, California, on the 26th day of JULY , 1994, by the following
vote, to wit:
Am: Council Members Lewis, Stanton, Kulchin, .Nygaard, Finr
NOES: None
ABmA.@k None
ABSENT: None
ATlrEsI': *
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
AND CARLSBAD uNIFl[ED SCHOOL DISTRICT FOR 1993-94
THIS AGREEMENT, made and entered into as of this 28th day of
.JULY , 1994, by and between the CITY OF CARLSBAD, a munici
corporation, hereinafter referred to 'as "City", and CARLSBAD UNIFIED SCHO(
DISTRICT, a public school district, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has the need to provide a safe recreational area for childrer
low/moderate income families within Carlsbad; and,
WHEREAS, the Subrecipient can provide a safe recreational area for the childrer
Carlsbad with some assistance from the City;
WHEREAS, the U. S. Department of Housing and Urban Development has provided
City with environmental clearance to release the funds for this project;
NOW, THEREFORE, in consideration of. these recitals and the mutual coven
contained herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1993-1994 Community Development Block Grant (CD
funds, in the amount of thirty thousand dollars ($30,000) to the Subrecipient to a
with the costs associated with improving the existing lighting system of the Subrecipi
high school stadium facility located at 3557 Monroe Street in Carlsbad, California
The improvements to the lighting system shall include removal of the existing light!
replacement with new lights, utilizing existing light poles, correcting or replacin1
Carlsbad will fund a portion of the costs of the new lights, other required hardwa
materials associated with the improvement of the high school stadium's lighting sy5
and general supervision of the lighting system improvements.
existing electrical system, and associated installation and labor costs. The Cil
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Every effort shall be made by the Subrecipient to expend the allocated funds in tl
entirety &September 30, 1994. If the Subrecipient will be unable to expend all of
funds allocated to the project by the noted date, the Subrecipient shall request
extension from the City for continued use of the funds on the approved project. B:
on progress made by the Subrecipient towards completing the subject project, the (
will either agree to grant the extension or notify the Subrecipient that the funds rnus
reallocated to another eligible project due to slow project progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for a portion of the ac
costs of lights and other hardware or materials associated with the improvements tc
subject facility's lighting system, as outlined in Paragraph 1 above for the PE
beginning October 1, 1993 and ending September 30, 1994. The reimbursement:
costs shall not exceed a total of $30,000. The City shall not provide
payments/reimbursements in advance of actual expenditures by the Subrecipient and F
that the matching funds requirement has been met by the Subrecipient.
The subrecipient shall be eligible to receive a maximum of $30,000 upon providing 1
of eligible expenditures and proof of compliance with the matching funds requirer
To meet the matching funds requirement, the Subrecipient must meet at least one c
following conditions:
a. Provide proof of a one dollar ($1) for one dollar ($1) cash match to recek
to a maximum of $30,000 in funds from the City's CDBG program; and/c
b. Provide the necessary labor, volunteer or contractual, required for removal (
existing lights, installation of new lights and/or repair of the existing elec
system of a value not less than the otherwise required one dollar ($1) fo
dollar ($1) cash match and proof of such valuation.
The CDBG funds identified within this agreement may be used for improvements
administration expenses for operation of the subject facility or for any other equip
materials, or improvements to the subject facility.
The Subrecipient shall submit a "Reimbursement Request" to the City to request pa.
for the costs of lights and other necessary hardware or materials for the improverr
the Subrecipient's stadium lighting system. Each request for reimbursement shall i
documentation to verify expenditure of funds are consistent with the I
description/definition and that the matching funds requirement has been met as apl
by the City Council. Prior to receiving reimbursement, the City will also verify tl
Subrecipient has met all applicable regulations for the project.
subject facility's lighting system only. The CDBG funds may not be used for g(
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Payroll records, receipts and paid invoices, including an itemized statement of all- cos
are samples of appropriate methods of reimbursement documentation. The Subrecipil
may request reimbursements anytime after this agreement is approved by the C
Council and continue until the expiration date, or amended expiration date, of t
agreement.
3. PROGRAM TNCOME
The Subrecipient shall report, to the City, any interest, or other income, earned 2
direct result of the use of federal CDBG funds for the improvement of the high sch
stadium lighting system. All reported program income may be retained by
Subrecipient for costs related to the improvement of the stadium lighting syst
However, the program income, retained by the Subrecipient, must be expended be
additional funds are requested from the City. The requirements are set forth in
federal regulations Sections 570.504 (c) which are incorporated herein by reference
4. LABOR, MATERTALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expel
necessary to complete the improvement of the stadium lighting system as outlined in
agreement. Under this agreement, the City's only financial obligation to the Subrecil
is to provide the CDBG funds of $30,000 maximum as allocated by the City Counci
program year 1993-94 for the purchase of new lights and related materials.
5. RECORDS AND REPORTS
The Subrecipient shall submit quarterly "Progress Reports" during the program
beginning October 1, 1993 and ending September 30, 1994. The final progress r(
is due no later than October 15, 1994. The report must include sufficient inform
to assist the City in monitoring the Subrecipient's performance in improving the stac
lighting system. The Subrecipient must demonstrate satisfactory performance pri
reimbursement for expenditures.
At a minimum, the performance reports shall include the following information rega
utilization of the facilities by children of low/moderate income families:
a. Total number of children participating in programs during reported period
b. Number of low/moderate income children participating in the program durir
c. Age and ethnic background of children d, Summary of prograrn(s) provided to children
e, Total number of participants form Carlsbad
reporting period
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The Subrecipient shall maintain separate accounting records for the federal CDBG fur
provided by the City. The City, Federal Grantor Agency, Comptroller General of t
United States, or any of their duly-authorized representatives shall have access to
books, documents, papers and records maintained by the Subrecipient which direc
pertain to the above project for the purpose of audit, examination, excerpts 2
transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial recor
agreement until September 30, 1997. All records subject to an audit finding must
retained for three (3) years from the date the finding is made or until the finding
been cleared by appropriate officials and the Subrecipient has been given official writ
notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fi:
year from the City of Carlsbad and/or any other city or agency, the Subrecipien
required to prepare and submit to the City a Single Audit Report. As required by
Federal Single Audit Act, the Subrecipient shall be required to submit, to the Cit!
comprehensive financial audit prepared by an independent, neutral third-party audi
The audit shall cover financial operations of the Subrecipient for the period beginr
July 1, 1993 and ending June 30, 1994 and is due not later than one year after expira
of the agreement. The Subrecipient shall also be required to submit a second audit
the period covered under fiscal year beginning July 1, 1994 and ending June 30, 1 for any funds received in fiscal year 1994-95 per this agreement.
supporting documents and statistical reports related to the project identified under 1
6. PROGRAM REOUIREMENTS
The Subrecipient shall adhere to the terms of the City’s CDBG Application
Subrecipient Agreement and with assurances and agreements made, by the City, tc
United States Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requiremen
described in Section 570.502 of the federal regulations for the CDBG Program;
federal requirements are set forth, by reference, as a provision of this agreement.
The Subrecipient shall carry out dl activities in compliance with all Federal law!
regulations as described in Subpart K, such as labor standards (Davis Bacon Act)
housing requirements of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilitil
described in Section 570.604; and
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b. The Subrecipient will not assume the City’s responsibility for initiating the revit
process required under the provisions of Executive Order 12372 described
570.612 of the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, &e set forth,
reference, as a condition of this agreement.
The Subrecipient shall comply with all federal regulations related to the use of CD:
funds by religious organizations, if applicable to. this agreement and the approved proj
outlined herein.
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If
Subrecipient desires a change in the use of the CDBG funds following approval of
agreement, a written request must be submitted to the City for review by the Coun
No change in use of the CDBG funds will be permitted by the City without prior foI
approval by the Council.
8. NONDTSCRIMINATTON CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimin?
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 Fa
Regulations, this agreement may be suspended or terminated if the Subrecipient fa!
comply with any term(s) of the award and/or the award is terminated for convenit
Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations are set fort1
reference, as provisions of this agreement.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any C
funds on hand at the time of expiration and any accounts receivable attributable t
use of CDBG funds. The Subrecipient shall be required to use the lights and PI
specific hardware and materials, purchased at a cost in excess of $25,000, fo
purpose of improving the high school stadium lighting system at the Subrecipient fa(
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a) To meet one of the national objectives for a minimum period of five (5)
following expiration of this agreement.
b) If the item is not used for a minimum of five (5) years for the purpose 01
within this agreement or for an alternate purpose which meets one of the nL
objectives, as approved by the City, the item shall be disposed of in a mannc
results in the City being reimbursed in the amount of the current market va
the item less any portion of the value attributable to expenditures of non-C
funds for acquisition or improvement to the item. Reimbursement j
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, liabil
penalties, fines, or any damage to goods, properties, or effects of any person whatso
nor for personal injuries or death caused by, or claimed to have been caused b:
resulting from, any intentional or negligent acts, errors or omission of Subrecipie
Subrecipient's agents, employees, or representatives in completion of the project out
in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City an
officers and employees against any of the foregoing liabilities or claims of any kind
any cost/and expense that is incurred by the City on account of any of the foreg
liabilities, including liabilities or claims by reason of alleged defects in any plans
specifications for the project or facility.
12. ASSTGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder wit1
the prior written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harm
Agreement," all terms, conditions, and provisions hereof shall insure to and shall b
each of the parties hereto, and each of their respective heirs, executors, administratc
successors, and assigns.
14. TNSURANCE
The Subrecipient shall obtain and maintain policies of general liability insurance an(
combined policy of worker's compensation and employers liability insurance from a
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insurance company authorized to do business in the State of California which meets
requirements of City Council Resolution No. 90-96 in an insurable amount of not 1
than one million dollars ($1,000,000) each, unless a lower amount is approved by
City Attorney or the City Manager.
This insurance shall be in force during the term of this agreement and shall not canceled without thirty (30) days prior written notice to the City sent by certified m
The City shall be named as an additional insured on these policies. The Subrecip
shall furnish certificates of insurance to the City before commencement of work.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be exec1
as of the day and year first written above.
CARLSBAD UNTFIED SCHOOL DISTRICT, a public school district,
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$@&ff f / ,CAR BAD munj a1 corppratio of tde State of California g
p//&/)-c2
h. CLAUDE A. tWb11 ~WIS, MAYOR’
ATTEST:
ALETHA L. RAUTENKRANZ, CITY CLERIX
APPROVED AS TO FORM:
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