HomeMy WebLinkAbout1995-05-02; City Council; 13129; APPROVAL OF 1994-95 SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSz 0 F 0 a
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CITY OF CARLSBAD - AGEh A BILL 6'' '
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AB# 13, ]a? TITLE: DEPT.
APPROVAL OF 1994-95 SUBRECIPIENT AGREEMENT MTG. 5-2 -9 5 FOR COMMUNITY DEVELOPMENT BLOCK GRANT 'ITY '
DEPT. HSG & RED CITY I\ FUNDS
I RECOMMENDED ACTION:
Adopt Resolution No. 9 4- / j.3 , approving a 1994-95 Subrecipient Agreemel
Community Development Block Grant Funds.
ITEM EXPLANATION:
On May 3, 1994, the City Council selected the organizations to receive federal
Development Block Grant (CDBG) Entitlement funding for the 1994-95 program ye
April 1 1 , 1995, the City Council selected the organizations to receive federal CDBC
funding for the 1995-96 program year and to receive reallocated funds from previou
projects. Prior to disbursing CDBG funding for the subrecipients, the City must (
appropriate environmental reviews and execute a written agreement for the vario
project(s).
As required by federal regulations, staff has completed the required environmental I
acquisition of real property for the development of a facility to provide a youth div
prevention program for under privileged and "at risk" youth in Carlsbad. An agreerr
Hands-Save a Life has been prepared for the CDBG funds and is provided fo
approval at this time.
The noted Subrecipient Agreement is attached as Exhibit 2 for City Council review '
The environmental review for the project is on file in the Housing and Re
Department.
FISCAL IMPACT:
No fiscal impact on the General Fund. The above project will be funded throuc
CDBG program.
EXHIBITS:
1. Resolution No. '? 5 - 11 3 approving 1994-95 Subrecipient Agreeme
CDBG funds.
2. 1994-95 Subrecipient Agreement.
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CITY COUNCIL RESOLUTION NO. 95 - 113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBh
CALIFORNIA, APPROVING A SUBRECIPIENT AGREEMENT FOR THE CI
OF CARLSBAD’S 1994-95 FEDERAL COMMUNITY DEVELOPMENT BLOl
GRANT PROGRAM
WHEREAS, on May 3, 1994, the City Council of the City of Carlsbad, Califor
selected programs to receive funding under the City’s 1994-95 Community Development B’
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Grant Program;
selected programs to receive funding from previously approved projects which have been can( 9
WHEREAS, on April 11, 1995, the City Council of the City of Carlsbad, Califo
10 or completed with a surplus of funds and now require reallocation to other eligible activiti
11 WHEREAS, the City Council of the City of Carlsbad, California, has considerec
12 required subrecipient agreement for 1994-95 Community Development Block Grant funds
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reallocated 1993-94 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 1994-95 Community Development I
Grant Subrecipient Agreement with Join Hands-Save a Life for the acqui
of real property to develop a facility for a youth diversiodgang prevc
program. The agreement is on file in the City Clerk’s Office.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of
Carlsbad, California, on the 2nd day of MAY , 1995, by
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
ABSTAIN: None
ABSENT: Council Member
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ATTEST:
13 ALETHA L. RAUTENKRANZ, City Clbk
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EXHIBIT 2
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRE
1994-95 SUBRECIPIENT AGREEMENT
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AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND JOIN HANDS-SAVE A LIFE FOR
1994-95 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 2nd day of
MAY , 1995, by and between the CITY OF CARLSBAD, a mun
corporation, hereinafter referred to as Tity", and JOIN HANDS-SAVE A LIFE, a non-
organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has the need to provide basic services related to food, shelter, heal1
clothing to low and moderate income households within Carlsbad;
WHEREAS, the City has the need to provide assistance to organizations which help
homeless persons with special needs, such as persons with alcohol or drug addiction;
WmREAS, the Subrecipient can provide one or more of these basic services for 101
moderate income households and services which benefit non-homeless persons with special needs
WHEREAS, the City has received environmental clearance to release the funds for this pr-
NOW, THEREFORE, in consideration of these recitals and the mutual covenants con
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1994-1995 Community Development Block Grant (CDBG)
in the .amount of fifty thousand dollars ($50,000) and reallocated thirty-two thousand (
($32,000) in 1993-94 CDBG funds, for a total amount of eighty-two thousand dollars ($82
to the Subrecipient to assist with the costs associated with the purchase of Real Property.
acquisition of the property, a facility will be developed on Assessor's Parcel Numbers (,
204-081-0800, 204-081-0900, and 204-081-1000 to provide a youth diversiodgang prev
program for under-privileged and at-risk youths in Carlsbad.
Every effort shall be made by the subrecipient to expend the allocated funds in their entir
June 30, 1995. If the Subrecipient will be unable to expend all of the funds allocated
project by the noted date, the subrecipient shall request in writing, by June 30, 195
extension from the City for continued use of the funds on the approved project. Bas
progress made by the subrecipient towards completing the subject project, the City will
agree to grant the extension or notify the Subrecipient that the funds must be realloca
another eligible project due to slow project progress.
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2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for acquisition costs related
purchase of Real Property known as APNs 204-081-0800,204-081-0900, and 204-081-10
the period beginning July 1, 1994 and ending June 30, 1995. The reimbursements for
shall not exceed a total of $82,000. The City shall not provide any payments/reimburse
in advance of actual expenditures by the subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payme
program administration costs. Each request for reimbursement shall include documental
verify expenditure of funds are consistent with the project description/definition as appro1
thc City Council. Prior to receiving reimbursement, the City will verify that the Subrecipic
met all applicable regulations for the project.
Payroll records, receipts, paid invoices including an itemized statement of all costs are si
of appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved
City Council and continue until the expiration date, or amended expiration date, E
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other 'income, earned as a direct
of the use of federal CDBG funds for the program outlined within this agreement. All re
program income may be retained by the Subrecipient for costs related to the subject pr
activities. However, the program income, retained by the Subrecipient, must be expended
additional funds are requested from the City. The requirements are set forth in the 1
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 nec
to provide the subject program as outlined in this agreement. Under this agreement, the
only financial obligation to the Subrecipient is to provide the CDBG funds of $82,000 max
as allocated by the City Council for program year 1994-95.
5. RECORDS AND REPORTS
The Subrecipient shall maintain the following records and reports to assist the City in main1
its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following informati
a. Documentation of the income level and/or age of persons and/or households partici
b. Documentation of the number of persons and/or households participating in
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
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e. Any such other related records as the City shall require.
The Subrecipient shall submit quarterly "Progress Reports" during the program year begi~
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 in
sufficient information to assist the City in monitoring the subrecipient's performance.
subrecipient must demonstrate satisfactory performance prior to reimbursement for expendi.
At a minimum, the performance reports shall include the following information:
a. Total number of persons/households participating in the program during reported pc
b. Number of Carlsbad low/moderate income persons/households participating i
program during the reporting period;
C. Age and ethnic background of Carlsbad participants;
d. Summary of program(s) provided to Carlsbad participants; and
e. Total number of participants from Carlsbad.
The Subrecipient shall maintain separate accounting records for the federal CDBG funds prc
by the City. The City, Federal Grantor Agency, Comptroller General of the United Stat
any of their duly-authorized representatives shall have access to all books, documents, pape
records maintained by the Subrecipient which directly pertain to the above project for the pt
of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain ail financial ret
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.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fisca
from the City of Carlsbad and/or any other city or agency, the subrecipient is required to s
a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient sh
required to submit, to the City, a comprehensive financial audit prepared by an indepe~
neutral third-party auditor. The audit shall cover financial operations of the Subrecipient f
period beginning July 1, 1994 and ending June 30, 1995 and is due not later than one yea)
expiration of the agreement. The Subrecipient shall also be required to submit a second au
the period covered under fiscal year beginning July 1, 1995 and ending June 30, 1996 fl
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 Subrel
Agreement and with assurances and agreements made, by the City, to the United
Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as des
in Section 570.502 of the federal regulations for the CDBG Program; the federal requirc are set forth,. by reference, as a provision of this agreement.
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The Subrecipient shall carry out all activities in compliance with all Federal laws and regul
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing require
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as des
in Section 570.604; and
b. The Subrecipient will not assume the City’s responsibility for initiating the I
process required under the provisions of Executive Order 12372 described at 570.(
the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referer a condition of this agreement.
The subrecipient shall comply with all federal regulations related to’ the use of CDBG fur
religious organizations, if applicable to this agreement and the approved project outlined h
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrec
desires a change in-the use of the CDBG funds following approval of this agreement, a v
request must be submitted to the City for review by the Council. No change in use of the (
funds will be permitted by the City without prior formal approval by the Council.
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination
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 Regulation
agreement may be suspended or terminated if the subrecipient fails to comply with any t
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and
of the Code of Federal Regulations are set forth, by reference, as provisions of this agrel
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG
on hand at the time of expiration and any accounts receivable attributable to the use of I
funds. Any real property under the subrecipient’s control that was acquired or impro
whole or in part with CDBG funds 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 . regulations until five (5) years after termination or expiration of the agreement; (
b) Disposed of in a manner that results in the City being reimbursed in the amount
current fair market value of the property less any portion of the value attribut;
expenditures of non-CDBG funds for acquisition, or improvement to, the proper
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* Reimbursement is not required after the period of time specified in paragraph (a) of
section.
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any. claims, liabilities, penal fines, or any damage to goods, properties, or effects of any person whatsoever, nor for pers
injuries or death caused by, or claimed to have been caused by, or resulting from, any intenti
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 ex1
that is incurred by the City on account of any of the foregoing liabilities, including liabiliti
claims by reason of alleged defects in any plans and specifications for the project or facilil
12. 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 Har
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind ea
the parties hereto, and each of their respective heirs, executors, administrators, successors
assigns.
14. INSURANCE
If the Subrecipient shall. receive more than $5,000 from the City in CDBG funds and/or
funds, the Subrecipient shall obtain and maintain policies of general liability insurance
combined policy of worker's compensation and employers liability insurance from an inst
company authorized to do business in the State of California which meets the requireme
City Council Resolution No. 91-403 in an insurable amount of not less than one million d
($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Mal
This insurance shall be in force during the term of this agreement and shall not be cal
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 fi
certificates of insurance to the City before commencement of work.
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a IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed a
the day and year first written above.
JOIN HANDS-SAVE A LIFE, a non-profit organization,
&-A Bad-SpL,
FRANK ANTHONY SORINO,%IEF EXECUTIVE OFFICER
ATTEST:
ALETHA L. RAUTENKRANZ, CITY CLE
APPROVED AS TO FORM:
0 t-,e. <, &J&
RON BALL, CITY ATTORN&)
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