HomeMy WebLinkAbout1995-08-08; City Council; 13269; APPROVAL OF 1994-95 SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS4
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CITY OF CARLSBAD - AGE IDA BILL /’
AB# -&&& DEPT. TITLE:
MTG. *~
DEPT. H/RED
FOR COMMUNITYDEVELOPMENT BLOCK GRANT
APPROVAL OF 1994-95 SUBRECIPIENT AGREEMENT CITY A
FUNDS CITY I I
RECOMMENDED ACTION:
Adopt Resolution No. 45-%77 to approve the 1994-95 Subrecipient Ag
the Boys and Girls Club of Carlsbad for federal Community Development Block
ITEM EXPLANATION:
On May 3, 1994, the City Council selected the organizations to receive feder:
Development Block Grant (CDBG) Entitlement funding for the 1994-95 prograr
to disbursing CDBG funding for the subrecipients, the City must complete th,
environmental review and execute a written agreement for the various approv
The Boys and Girls Club of Carlsbad will receive $15,480 in 1994-95 CDBG fun
a teen diversion program. A subrecipient agreement with the Boys and Girls C
prepared and is attached as Exhibit 2 for City Council review and approval.
As required by federal regulations, staff has completed the required environment
has determined this project to be exempt from environmental review under 24
58.34 (a)(3). The environmental review documentation for this project is on file iI
and Redevelopment Department.
FISCAL IMPACT:
No fiscal impact on the General Fund. The above project will be funded throus CDBG Program.
EXHIBITS:
1. Resolution No. y?-&? 7 approving the 1994-95 Subrecipient A
federal CDBG funds.
2. 1994-95 Subrecipient Agreement with the Boys and Girls Club of Carlsbac
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1 // CITY COUNCIL RESOLUTION NO. 95-227
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSI
CALIFORNIA, APPROVING A SUBRECIPIENT AGREEMENT FOR TME (
OF CARLSBAD’S 1994-95 FEDERAL COMMUNITY DEVELOPMENT BU
GRANT PROGRAM
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WHEREAS, on May 3, 1994, the City Council of the City of Carlsbad, Califc
selected programs to receive funding under the City’s 1994-95 Community Development 1 11 Grant Program;
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WHEREAS, the City Council of the City of Carlsbad, California, has considere
required subrecipient agreement with the Boys and Girls Club of Carlsbad for $15,480 in 19‘
Community Development Block Grant funds to provide a teen diversion program;
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12 WHEREM, the City has determined the Boys and Girls Club of Carlsbad’s
13 diversion program to be exempt from environmental review under 24 CFR Section 58.34 (
14 WHEREAS, the City Council has taken all testimony into account.
15 NOW, THEREFORE, BE IT RESOLVED as follows:
16 1. That the above recitations are true and correct.
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2. That the City Council has approved the 1994-95 Community Development
Grant Subrecipient Agreement with the Boys and Girls Club of Carlsbad i
provision of a teen diversiodgang prevention program. The agreement is 1
in the City Clerk’s Offke.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of
2 11 Carlsbad, California, on the 8th day of AUGUST , 1995, by
3 (1 following vote, to wit:
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Am: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSTAIN: None
ABSENT: None
13 l2 11 ATTEST:
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l5 SAGp Z, City Clerk 16 KAREN R.. KUNDT Assistant City Clerk
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AGREEMENT BETWEEN TlX CITY OE" CARLSBAD AND
BOYS AND GIRLS CLUB OF CARLSBAD FOR 1994-95
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this F' day of
, 1995, by and between the CITY OF CARLXBAD, a munici
corporation, hereinafter referred to as "City", and BOYS AND GIRLS CLUB OF CARLSBAD, a I
profit organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has the need to provide basic services related to food, shelter, health clothing to low and moderate income households within Carisbad; and,
WHEREAS, the Subrecipient can provide one or more of these basic services for low
moderate income households with some assistance from the City; and,
WHEREAS, the City has received environmental clearance to release the funds for this pro,
NOW, THEREFORE, in consideration of these recitals and the mutual covenants conta
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1994-95 Community Development Block Grant (CDBG) fu
in the amount of fifteen thousand four hundred eighty dollars ($15,480) to the Subrecipiel assist with ,the costs associated with provision of a teen diversion/gang prevention pro1
focused on Carlsbad youths from the Subrecipient's administrative office location at ~
Roosevelt Street in Carlsbad, California.
Every effort shall be made by the subrecipient to expend the allocated funds in their entire1
July 30, 1996. If the Subrecipient will be unable to expend all of the funds allocated tc
project by the noted date, the subrecipient shall request an extension from the City for conti
use of the funds on the approved project. Based on progress made by the subrecipient tou
completing the subject project, the City will either agree to grant the extension or notif:
Subrecipient that the funds must be reallocated to another eligible project due to slow pr
progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs relat
the provision of services for eligible residentdcitizens of Carlsbad for .the period beginning
1, 1994 and ending June 30, 1996. The reimbursements for costs shall not exceed a to1
$15,480. The City shall not provide any paymentslreimbursements in advance of i
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expenditures by the subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment
program administration costs. Each request for reimbursement shall include documentatiol
verify expenditure of funds are consistent with the project description/definition as approved
the City Council. Prior to receiving reimbursement, the City will verify that the Subrecipient
met all applicable regulations for the project.
Payroll records, receipts, paid invoices including an itemized statement of all costs are sam:
of appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved bq
City Council and continue until the expiration date, or amended expiration date, of
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct rf
of the use of federal CDBG funds for the program outlined within this agreement. All repa
program income may be retained by the Subrecipient for costs related to the subject pro2
activities. 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 the fec
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 nece:
to provide the subject program as outlined in this agreement. Under this agreement, the C only financial obligation to the Subrecipient is to provide the CDBG funds of $15,480 maxi]
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 maintai
its record keeping requirements.
The Subrecipient must maintain records that at a minimum includes the following informal
a. Documentation of the income level and/or age of persons and/or households particip;
b. Documentation of the number of persons and/or households participating in or benef
in or benefitting from the Subrecipient's program;
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 begil
July 1, 1994 and ending June 30, 1996 within fifteen (15) calendar days of the end of
quarter. The final progress report is due no later than July 15, 1996. The report must in1
sufficient information to assist the City in monitoring the subrecipient's performance.
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subrecipient must demonstrate satisfactory performance prior to rcimhursemerlt fbr cxlmcliture
At a minimum, the performance reports shall include the following information:
a. Total number of personshouseholds participating in the program during the reportc
b. Number of Carlsbad low/moderate income persons/households participating in t’
period;
program during the reporting period;
c. Age and ethnic background of Carlsbad participants;
d. Summary of program(s) provided to Carlsbad participants;
e. Total number of participants from Carlsbad;
The Subrecipient shall maintain separate accounting records for the federal CDBG funds provid
by the City. The City, Federal Grantor Agency, Comptroller General of the United States, or a
of their duly-authorized representatives shall have access to all books, documents, papers a
records maintained by the Subrecipient which directly pertain to the above project for the purpc
of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial recm
supporting documents and statistical reports related to the project identified under this agreem
until July 30, 1999. All records subject to an audit finding must be retained for three (3) ye
from the date the finding is made or until the finding has been cleared by appropriate offici
and the Subrecipient has been given official written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal y’
from the City of Carlsbad and/or any other city or agency, the subrecipient is required to sub-
a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall
required to submit, to the City, a comprehensive financial audit prepared by an independc neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for
period beginning July 1, 1994 and ending June 30, 1995 and is due not later than one year a
expiration of the agreement. The.Subrecipient shall also be required to submit a second audit
the period covered under fiscal year beginning July 1, 1995 and ending June 30, 1996 for i
funds received in fiscal year 1995-96 per this Agreement.
6. PROGRAM REQUIREMENTS
The Subrecipient shall adhere to the terms of the City’s CDBG Application and Subrecip
Agreement and with assurances and agreements made, by the City, to the United St
Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as descri
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 regulati
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requirem
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as descr
in Section 570.502 of the federal regulations for the CDBG Program: the federal requireml
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in Section 570.604; and
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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 here
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipi
desires a change in the use of the CDBG funds following approval of this agreement, a writ
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. NONDISCRIMINATION 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, 1
agreement may be suspended or terminated if the subrecipient fails to comply with any tern
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85
of the Code of Federal.Regulations are set forth, by reference, as provisions of this agreemt
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG fu
on hand at the time of expiration and any accounts receivable attributable to the use of CD
funds. The subrecipient shall be required to use any real property under the subrecipient's con'
that was acquired or improved in whole or in part with CDBG funds in excess of $25,00C
either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the fedc
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
current fair market value of the property less any portion of the value attributable
expenditures of non-CDBG funds for acquisition, or improvement to, the propel
Reimbursement is not required after the period of time specified in paragraph (a) of I
section.
11. HOLD HARMLESS AGREEMENT
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The City, its officers, and employees shall not be liable for any claims, liabilities, penalt
fines, or any damage to goods, properties, or effects of any person whatsoever, nor for persc
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injuries or death caused by, or claimed to have been caused by, or resulting from, any intentiol
or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees,
representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers I
employees against any of the foregoing liabilities or claims of any kind and any cost/and expel
that is incurred by the City on account of any of the foregoing liabilities, including liabilities
claims by reason of alleged defects in any plans and specifications for the project or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without the PI
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 bind eac€
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 ot
funds, the Subrecipient shall obtain and maintain policies of general liability insurance an
combined policy of worker's compensation and employers liability insurance from an insura
company authorized to do business in the State of California which meets the requirement
City Council Resolution No. 91403 in an insurable amount of not less than one million dol
($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Mana:
This insurance shall be in force during the term of this agreement and shall not be cancl
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 furl
certificates of insurance to the City before commencement of work.
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IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as
the day and year first written above,
BOYS AND GIRLS CLUB OF CARLSBAD, a non-profit organization, p+/g&,p c/"/, i , ....&
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CLAUDE A. !BlJb" L6WI?3, Mkhk \.
,Q',rTIEST:
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2, CITY CLERK
KAREN R. KUNDTZ, s istant City Clerk
APPROVED AS TO FORM:
E. D w . 8- 7.9,.
RON BALL, CITY AmORNEY
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