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HomeMy WebLinkAbout1995-01-10; City Council; 12971; APPROVAL OF 1994-95 SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSe W -27 L," -7 CITY OF CARLSBAD - AGENDA BILL ? AB# / 2, 9 3 1 FOR COMMUNITY DEVELOPMENT BLOCK GRANT MTG. 'A '' R ' 5 DEPT. I TITLE: CITY A APPROVAL OF 1994-95 SUBRECIPIENT AGREEMENT FUNDS DEPT. HSG & RED CITY W RECOMMENDED ACTION: Adopt Resolution No. q 5 "( , approving a 1994-95 Subrecipient Agreemer Community Development 'Block Grant Funds. ITEM EXPLANATION: On May 3, 1994, the City Council selected the organizations to receive federal to disbursing CDBG funding for the subrecipients, the City must complete the environmental reviews and execute a written agreement for the various approve As required by federal regulations, staff has completed the required environment the renovation of the older Girls Club structure, as part of the expansion and im to the overall clubhouse facilities. An agreement with the Girls Club has been the CDBG funds and is provided for review and approval at this time. The noted Subrecipient Agreement is attached as Exhibit 2 for City Counci approval. The environmental review for the project is on file in the t Redevelopment Department. FISCAL IMPACT: Development Block Grant (CDBG) Entitlement funding for the 1994-95 progran No fiscal impact on the General Fund. The above project will be funded throug CDBG program. EXHIBITS: 1. Resolution No. q 5 - f approving 1994-95 Subrecipient Agreemt 0 LM > 0 E am 2 CDBG funds. 2. 1994-95 Subrecipient Agreement. d .. uz LE ow vu 4 t 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I '0 CITY COUNCIL RESOLUTION NO. 9 5 - 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSB CALIFORNIA, APPROVING A SUBRECIPIENT AGREEMENT FOR THE C OF CARLSBAD'S 1994-95 FEDERAL COMMUNITY DEVELOPMENT BL( GRANT PROGRAM WHEREAS, the City Council of the City of Carlsbad, California, selected prograr receive funding under the City's 1994-95 Community Development Block Grant Program on 3, 1994; WHEREAS, the City Council of the City of Carlsbad, California, has considere required subrecipient agreement for 1994-95 Community Development Block Grant funds 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 1994-95 Corn Development Block Grant Subrecipient Agreement with the Girls of Carlsbad for the renovation and improvements to the older stru as part of the expansion and improvements to the overall club facilities, located at 3368 Eureka Place, Carlsbad. The agreemenl file in the City Clerk's Office. ... ... ... ... ... ... ... ... ... ... e.. ... ... ... ... ... ... ... \ '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1, 0 W PASSED, APPROVED AND ADOPTED at a Regular Meeting of Council of the City of Carlsbad on the 10th day of Januar by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT : None ATTEST : Z, City Clerk t City Clerk ( SEAL 1 1 1 I 0 W EXHIBIT 2 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAR 1994-95 SUBRECIPIENT AGREEMENT 0 W .* AGREEMENT BETWEEN TIIE CITY OF CARLSBAD AND GIRLS CLUB OF CARLSBAD FOR 1994-95 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 'I'IIIS AGHISEMEN'I', mde and entered into as of' this 11th day of' 5 JWRY , 199% by and between the CITY OF CARLSBAD, a municip corporation, hereinafter referred to as "City", and GIRLS CLUB OF CARLSBAD, a non-pro organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide a safe recreational and daycare area for childr of low/moderate income families within Carlsbad; WHEREAS, the Subrecipient can provide a safe recreational/daycare facility for the children Carlsbad with some assistance from the City; and, WHEREAS, the City has received environmental clearance to release the funds for this proje NOW, THEREFORE, in consideration of these recitals and the mutual covenants contair herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1994-1995 Community Development Block Grant (CDBG) fun1 in the amount of ninety-five thousand dollars ($95,000), to the Subrecipient to assist with ' costs associated with the renovation of the older structure, as part of the expansion a improvements to the' overall clubhouse facilities, located at 3368 Eureka Place in Carlsb; California. The renovations to the older structure shall include the consolidation of inter space, and improvements andlor expansion of the building. Every effort shall be made by the subrecipient to expend the allocated funds in their entirety June 30, 1995. If the Subrecipient will be unable to expend all of the funds allocated to project by the noted date, the subrecipient shall request an extension from the City for continl use of the funds on the approved project. Based on progress made by the subrecipient towa completing the subject project, the City will either agree to grant the extension or notify Subrecipient that the funds must be reallocated to another eligible project due to slow pro] progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for a portion of the actual mater and labor expenses associated with the renovation of the older structure as outlined in Paragr 1 above for the period beginning July 1, 1994 and ending June 30, 1995. The reimbursemt for the renovation costs shall not exceed a total of $95,000. The City shall not provide paymentsheimbursements in advznce of actual expenditures by the subrecipient. 1 0 w The subrecipient shall be eligible to receive a maximum of $95,000 upon providing pro0 eligible expenditures and compliance with applicable labor standard regulations. To receive additional funds, the Subrecipient must meet the following condition: a. Provide proof of a one dollar ($1) for one dollar ($1) match to receive up to a maxin $95,000 in construction funds from the City’s CDBG program. The subrecipient n also provide proof that the one dollar ($1) raised by the subrecipient for match purp will be available for those expenses associated with the ongoing operations of the ( Club facility. The CDBG funds identified within this agreement may be used for facility renovation improvement purposes only. The CDBG funds may not be used for general administrz expenses for operation of the Girls Club facility. The Subrecipient shall submit a “Reimbursement Request” to the City to request payment fo~ interior improvement costs of the facility. Each request for reimbursement shall inc documentation to verify expenditure of funds are consistent with the project description/defin as approved by the City Council and outlined within this agreement. Prior to recei reimbursement, the City will verify that the Subrecipient has met all applicable labor stanc for the project, including payment of federal prevailing wages to employees of the gel contractor, and all subcontractors, for the interior improvements. Payroll records, receipts, paid invoices including an itemized statement of all costs are san of appropriate methods of reimbursement documentation. Prior to reimbursement of the C1 funds the Subrecipient shall submit verification that the matching fund obligation has been and that the trust fund has been established for the funds to be used for operation of the fac The Subrecipient may request reimbursements anytime after this agreement is approved b City Council and continue until the expiration date, or amended expiration date, oi agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct I of the use of federal CDBG funds for the expansion and/or improvements to the older club1 facility. All reported program income may be retained by the Subrecipient for costs related 1 improvements and expansion of the facility. However, the program income, retained t Subrecipient, must be expended before additional funds are requested from the City. requirements are set forth in the federal regulations Sections 570.504 (c) which are incorpc herein by reference. 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, matdials and services and bear all expenses necf to complete the expansion and/or improvements to the older club house facility as outlined j agreement. Under this agreement, the City’s only financial obligation to the Subrecipien. provide the CDBG funds of $95,000 maximum as allocated by the City Council for prograr 1994-95. 2 0 e 5. RECORDS AND REPORTS The Subrecipient shall maintain the following records and reports to assist the City in maintair its record keeping requirements. The Subrecipient must maintain records that a minimum includes the following information a. Documentation of the income level and/or age of persons and/or households participa b. Documentation of the number of persons and/or households participating in thc in or benefitting from the Subrecipient's program; benefitting from the Subrecipient's program; C. Documentation of all CDBG funds received from the City; d. Documentation of expenses as identified in the Budget; and e. Any such other related records as the City shall require. The Subrecipient shall submit quarterly "Progress Reports" during the program year begin July 1, 1994 and ending June 30, 1995 within fifteen (15) calendar days of the end of quarter. The final progress report is due no later than July 15, 1995. The report must inc sufficient information to assist the City in monitoring the subrecipient's performance. subrecipient must demonstrate satisfactory performance prior to reimbursement far expendih At a minimum, the performance reports shall include the following information regar utilization of the Girls Club by the children of low/moderate income families within Carlsl a. Total number of children participating in programs during reported period; b. Number of low/moderate income Carlsbad children participating in the program dl c. Age and ethnic background of Carlsbad children; d. Summary of program(s) provided to Carlsbad children; and e. Total number of participants from Carlsbad. The Subrecipient shall maintain separate accounting records for the federal CDBG funds pro by the City. The City, Federal Grantor Agency, Comptroller General of the United States, c of their duly-authorized representatives shall have access to all books, documents, paper records maintained by the Subrecipient which directly pertain to the above project for the pu the reporting period; of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial rec supporting documents and statistical reports related to the project identified under this agre' until June 30, 1998. All records subject to an audit finding must be retained for three (3) from the date the finding is made or until the finding has been cleared by appropriate of and the Subrecipient has been given official written notice. The Subrecipient is required to have a Single Audit Report prepared since it will be recl more than $25,000 in federal funds. As required by the Federal Single Audit Ac Subrecipient shall be required to submit, to the City, a comprehensive financial audit prt by an independent, neutral third-party auditor. The audit shall cover financial operations Subrecipient for the period beginning July 1, 1994 and ending June 30, 1995 and is due nc than one year after expiration of the agreement. The Subrecipient shall also be required to 1 a second audit for the period covered under fiscal year beginning July 1, 1995 and endin 3 0 30, 1996 for any funds received in fiscal year 1995-96 per this agreement. 6. PROGRAM REOUIREMENTS The Subrecipient shall adhere to the terms of the City’s CDBG Application and Subrecipie Agreement and with assurances and agreements made, by the City, to the United Stat Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as describ in Section 570.502 of the federal regulations for the CDBG Program; the federal requireme] 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 regulatic as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requireme] of the CDBG Program Regulations, except that: a. The Subrecipient will not assume the City’s environmental responsibilities as descril in Section 570.604; and b. The Subrecipient will not assume the City’s responsibility for initiating the revi process required under the provisions of Executive Order 12372 described at 570.612 the Code of Federal Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use of CDBG funds religious organizations, if applicable to this agreement and the approved project outlined her( 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subrecip desires a change in the use of the CDBG funds following approval of this agreement, a wri. request must be submitted to the City for review by the Council. No change in use of the CD funds will be permitted by the City without prior formal approval by the Council. 8. NONDTSCRTMINATTON CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in 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, of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 8’ of the Code of Federal Regulations are set forth, by reference, as provisions of this agreen agreement may be suspended or terminated if the subrecipient fails to comply with any ter~ 4 e W 10. REVERSlON OF ASSETS Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG fu use of CDBG funds. Any real property under the Subrecipient's control that was acquire improved in whole or in part with CDBG hnds in excess of $25,000 shall either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the fec on hand at the time of termination or expiration and any accounts receivable attributable to 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 ol current fair market value of the property less any portion of the vaiue attributab' expenditures of non-CDBG funds for acquisition of, or improvement to, the prop Reimbursement is not required after the period of time specified in paragraph (a) oj Section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, pena fines, or any damage to goods, properties, or effects of any person whatsoever, nor for per injuries or death caused by, or claimed to have been caused by, or-resulting from, any intent or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employee representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officer employees against any of the foregoing liabilities or claims of any kind and any cost/and ex] that is incurred by the City on account of any of the foregoing liabilities, including liabilit claims by reason of alleged defects in any plans and specifications for the project or facili 32. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Ha, Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind e the parties hereto, and each of their respective heirs, executors, administrators, successor assigns. 14. INSURANCE The Subrecipient shall obtain and maintain policies of general liability insurance and a cor policy of worker's compensation and employers liability insurance from an insurance co authorized to do business in the State of California which meets the requirements of City C Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,00 each, unless a lower amount is approved by the City Attorney or the City Manager. 5 0 w This insurance shall be in force during the term of this agreement and shall not be cancel 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 furn certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as the day and year first written above. GIRLS CLUB OF CARLSBAD, a non-profit organization, I k; ;.a 7 ,'I ..; ( . ;( pi& :& ,/ pf [,/,,&W EI1,EEN OLSON, 33- PRESIDENT tion of the State of California NZ, CITY CLERK KAREN R. KUNDTZ, Assistant City Clerk "'B""\ VED AS TO FORM: LIZ& I\ON BALL, CITY ATTORNEY /- ,/-? p 6