HomeMy WebLinkAbout1995-11-07; City Council; 13369; APPROVAL OF 1995-96 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSP r- - - I &<
CITY OF CARLSBAD - AGBDA BILL
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c'Ty A AGREEMENTS FOR COMMUNITY DEVELOPMENT "t-G- )Is
DEPT. I TITLE: APPROVAL OF 1995-96 SUBRECIPIENT
BLOCK GRANT FUNDS DEPT. HlRED CITY M
RECOMMENDED ACTION:
Adopt Resolution No. 95 -3ia to approve 1995-96 Subrecipient Agreemer
Community Development Block Grant' Funds.
ITEM EXPLANATION:
On April 11, 1995, the City Council selected the organizations to receive federr
Development Block Grant (CDBG) Entitlement funding for the 1995-96 program y
disbursing CDBG funding for the subrecipients, the City must complete the
environmental reviews and execute a written agreement for the various approved
Subrecipient agreements with three subrecipients have been prepared and are
Exhibit 2 for City Council review and approval at this time. The following subr
receive CDBG funds for activities to benefit low and moderate-income Carlsbad r(
EYE Counseling & Crisis Services Family Recovery Center
Boys & Girls Club of Carlsbad Teen Scene Program
Carlsbad Girls Club Development of Outdoor Rec Area
As required by federal regulations, staff has completed the required environr
documentation for the above CDBG funded projects. Staff has determined that the
Family Recovery Center and the Teen Scene Program are exempt from environl
under 24 CFR Section 58.34 (a)(9) and the Carlsbad Girls Club's development
recreation area is exempt under Section 58.34 (a)(lO). The environn
documentations for these projects are on file in the Housing and Redevelopment
FISCAL IMPACT:
No fiscal impact on the General Fund. All of the above projects will be funde 9 0 federal CDBG program.
EXHIBITS: a rz
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1. Resolution No. 95-3/0 approving 1995-96 Subrecipient Agreemc
CDBG funds.
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2. 1995-96 Subrecipient Agreements.
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CITY COUNCIL RESOLUTION NO. 9 5 - 3 1 O
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBI
CALIFORNIA, APPROVING SUBRECIPIENT AGREEMENTS FOR THE C1 OF CARLSBAD’S 1995-96 FEDERAL CO-Y DEVELOPMENT BM GRANT PROGRAM
WHEREAS, on April 11, 1995, the City Council of the City of Carlsbad, Califc
selected the programs to receive funding under the City’s 1995-96 Community Develop]
Block Grant (CDBG) Program;
WHEREAS, the City Council of the City of Carlsbad, California has considere
required subrecipient agreements for 1995-96 Community Development Block Grant fund:
WHEREAS, the City has determined that CDBG funded projects to be administer1
EYE Counseling and Crisis Services and the Boys and Girls Club of Carlsbad are exempt
environmental review under 24 CFR Section 58.34 (a)(9); and,
WHEREAS, the City has determined that the CDBG funded project to be implerr
by the Carlsbad Girls Club is exempt from environmental review under 24 CFR Section
(a)(10); 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 1995-96 Com
Development Block Grant Subrecipient Agreements for the fol
organizations: EYE Counseling and Crisis Services/Family k
Center, the Boys and Girls Club of CarlsbadReen Scene Progra
the Carlsbad Girls Club/Development of Outdoor Recreation Are
agreements are on file in the City Clerk’s Office. ...
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PASSED, APPROVED AND ADOPTED by the City Council of the City of
2 Carlsbad, California, on the 7 th day of NOVEMBER , 1995, by
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following vote, to wit:
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Am: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
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ABSTAIN: None
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ABSENT:, None
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ALETHA L. RAUTENIUbWZ, City Clerk \
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v e e
EXHIBIT 2
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
1995-96 SUBRECIPIENT AGREEMENTS
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AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
EYE COUNSELING AND CRISIS SERVICES FOR
1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
TWS AGREEMENT, made and entered into as of this 14th day of
NOVEMBER , 1995, by and between the CITY OF CARLSBAD, a munic
corporation, hereinafter referred to as "City", and EYE COUNSELING AND CRISIS SERVICE
non-profit organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Goverm
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to
eligible activities which benefit persons of low and moderate income;
WHEREAS, the City has the need to provide shelter or services to homeless or near horn
persons/families which result in an improved situationthrough employment, permanent housing, treat
of mental, or substance abuse problems, etc.;
WHEREAS, the City has the need to provide assistance to non-profit public service prov
who meet the basic needs related to food, shelter, clothing and, in some cases, health care of 1
income persons;
WREAS, the City has the need to provide assistance to non-profit public service pro\
who offer counseling and self-improvement programs/activities for lower income persons;
WHEREAS, the Subrecipient can provide one or more of these basic services for lov
moderate income households with some assistance from the City; and,
WHEREAS, the City has determined that the Family Recovery Center operated by
Counseling and Crisis Services is exempt from environmental review under 24 CFR Part 58, S
58.34(a)(9):
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 1995-1996 Community Development Block Grant (CDBG)
in the amount of five thousand dollars (S5,Oh) to the Subrecipient for operation of the I
Recovery Center located at 1100 Fifth Street in Oceanside, California. The Family Re1
Center shall provide comprehensive and structured residential and outpatient substance
treatment and learning center for pregnant and parenting women and their children. Servic
include, but not be limited to, the following:
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Drug and alcohol counseling;
Education and prevention curriculum;
Prenatal care;
Detoxification services;
Health and nutrition education;
Therapeutic nursery;
Child development center;
Outpatient services; and,
Psychotherapy.
Every effort shall be made by the subrecipient to expend the allocated funds in their entirety
June 30, 1996. If the Subrecipient will be unable to expend dl 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 administrative costs relata
the provision of services for eligible residentdcitizens of Carlsbad for the period beginning 1
1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be n
in accordance to budget information to be submitted to the City and in accordance 3
performance. The reimbursements for costs shall not exceed a total of $5,000. The
shall not provide any payments/reimbursements in advance of actual expenditures by
subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request paymenl
program administration costs. Prior to receiving reimbursement, the City will verify tha
Subrecipient has provided services in compliance with all applicable Federal, state, and local 1
and regulations governing these funds, and in a manner satisfactory to the City.
Each request for reimbursement shall include documentation to verify expenditure of fund:
consistent with the project description/definition as approved by the City Council. Pa
records, receipts, paid invoices including an itemized statement of all costs are sampl,
appropriate methods of reimbursement documentation.
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
of the use of federal CDBG funds for the program outlined within this agreement. All re1
program income may be retained by the Subrecipient for costs related to the subject prc
activities. However, the program income, retained by the Subrecipient, must be expended 1
additional funds are requested from the City. The requirements are set forth in the fi
regulations Sections 570.504 (c) which are incorporated herein by reference.
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4. LABOR, MATERIALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses necessa
to provide the subject program as outlined in this agreement. Under this agreement, the Cit:
only financial obligation to the Subrecipient is to provide the CDBG funds of $5,000 maxim1
as allocated by the City Council for program year 1995-96.
5. RECORDS AND REPORTS
The Subrecipient shall maintain all records required by the Federal regulations specified in
CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. SI
records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating each activity undertaken meets on of the National Objective!
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of I
e. Records documenting compliance with the fair housing and equal opportunity componi
the CDBG program;
property acquired or improved with CDBG assistance;
of the CDBG program;
administration of each activity, and other financial records as required by 24 CFR :
570.502, and OMB Circular A-110; and,
g. Any other related records as the City shall require to demonstrate compliance 1
applicable Federal, state, and local rules and regulations governing these funds.
f. Documentation of all CDBG funds received from the City, eligible expenses incurred
The Subrecipient shall submit quarterly "Progress Reports" during the program year begin
July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of 1
quarter. The final progress report is due no later than July 15, 1996. The report must inc
sufficient information to assist the City in monitoring the subrecipient's performance.
subrecipient must demonstrate satisfactory performance prior to reimbursement for expendih
At a minimum, the performance reports shall include the following information:
a. Total number of personshouseholds participating in the program during reported pe b. Total number of participants from Carlsbad;
C. Number of low/moderate income Carlsbad personshouseholds participating in
program during the reporting period;
d. Age and ethnic background of Carlsbad participants;
e. Summary of program(s) provided to Carlsbad participants; and
The Subrecipient shall maintain client data demonstrating client eligibility for services prov
Such data shall include at the minimum client name, address, ethnicity, income level or
basis for determining eligibility, and description of service provided. This data shall assi
Subrecipient in completing the required quarterly progress reports to be submitted to the (
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 Stat
any of their duly-authorized representatives shall have access to all books, documents, pape
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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 recor
supporting documents and statistical reports related to the project identified under this agreem
for a period of three (3) years after the termination of all activities funded under this Agreeme
All records subject to an audit finding must be retained for three (3) years from the date
finding is made or until the finding has been cleared by appropriate officials and the Subrecipi
has been given official written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal 4
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, 1995 and ending June 30, 1996 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, 1996 and ending June 30, 1997 for
funds received in fiscal year 1996-97 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fec'
Regulations, Part 570 (the Housing and Urban Development regulations concerning CornmL
Development Block Grants). The Subrecipient also agrees to adhere to the terms of the C
the City, to the United States Department of Housing and Urban Development.
The Subrecipient shall comply with applicabIe Uniform Administrative Requirements as descr
in Section 570.502 of the federal regulations for the CDBG Program; the federal requiren
are set forth, by reference, as a provision of this agreement.
The Subrecipient shall carry out dl activities in compliance with all Federal laws and regula
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requiren
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City's environmental responsibilities as desc
CDBG Application and Subrecipient Agreement and with assurances and agreements made
in Section 570.604; and
b. The Subrecipient will not assume the City's responsibility for initiating the rt
process required under the provisions of Executive Order 12372 described at 570.6 be Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referen
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
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7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipie
desires a change in the use of the CDBG funds following approval of this agreement, a writt
request must be submitted to the City for review by the Council. No change in use of the CDI
funds will be permitted by the City without prior formal approval by the Council.
8. NONDISCRIMJNATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in A 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 terIr
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 agreem
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG fi
on hand at the time of expiration and any accounts receivable attributable to the use of CT
funds. The subrecipient shall be required to use any real property under the subrecipic
control that was acquired or improved in whole or in part with CDBG funds in excess of $25:
to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the fei
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 o
current fair market value of the property less any portion of the value attributab
expenditures of non-CDBG funds for acquisition, or improvement to, the prop'
Reimbursement is not required after the period of time specified in paragraph (a) oi
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 office]
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
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12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without the prj
written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harml
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each
the parties hereto, and each of their respective heirs, executors, administrators, successors, 2
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 requiremenu
City Council Resolution No. 91-403 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 fun
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.
EYE COUNSELING AND CRISIS SERVICES, a non-profit organization
ATTEST:
WEN&€@NZ, CITY CLERK
WEN R. KUNDTZ, Assxtant City Clerk
AS TO FORM: Mn4 f2. Gaiure
RONALD R. BALL, CITY AWoNY
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AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
FEDERAL COMMUNITY DEIWU)PMENT BLOCK GRANT FUNDS
BOYS AND GIRLS CLUB OF CARLSBAD FOR 1995-96
THIS AGREEMENT, made and entered into as of this 14th day of
NOVEMBER , 1995, by and between the CITY OF CARLSBAD, a munil
corporation, hereinafter referred to as "City", and BOYS AND GIRLS CLUB OF CARLSBAD, a
profit organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREM, the City has applied for and received funds from the United States Govern
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to eligible activities which benefit persons of low and moderate income;
WHEREAS, the City has the need to provide assistance to nonprofit public service pro1
who offer recreational and/or cultural programdactivities for lower income persons.
WHEWAS, the Subrecipient can provide this basic service for low and moderate in
households with some assistance from the City; and,
WHEREAS, the City has determined that the Teen Scene Program offered by the Boys and
Club is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(9);
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 1995-96 Community Development Block Grant (CDBG)
in the amount of ten thousand dollars ($lO,O00) to the Subrecipient for operation of tht
Scene program located at 31 15 Roosevelt Street in Carlsbad, California.
The Teen Scene Program will offer teens recreational, physical recreation, educational,
and artistic services during the afternoon and evening hours. The Boys and Girls C
specifically open to teens only on Thursday and Friday evenings to participate in a va
structured activities. Services to be provided include, but are not limited to:
a. Recreational activities;
b. Workshops and discussions centering on conflict resolution, drug awareness,
C. Tutoring;
d. Study hall;
e. Computer training;
planning, and visual, literary, and performing arts;
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f. Counseling and mediation; and,
g- Mentoring program.
Every effort shall be made by the subrecipient to expend the allocated funds in their entirety '
June 30, 1996. If the Subrecipient will be unable to expend all of the funds allocated to 1
project by the noted date, the subrecipient shall request an extension from the City for continc 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 1
Subrecipient that the funds must be reallocated to another eligible project due to slow proj
progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs relata
the provision of services for eligible residentdcitizens of Carlsbad for the period beginning J
1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be m
in accordance to budget information to be submitted to the City and in accordance v
performance. The reimbursements for costs shall not exceed a total of $10,000. The (
shall not provide any paymentdreimbursements in advance of actual expenditures by
subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment program administration costs. Prior to receiving reimbursement, the City will verify that
Subrecipient has administered the teen scene program in comp1iance with dl applicable F&
state, and.loca1 rules and regulations governing these funds, and in a manner satisfactory to
City.
Each request for reimbursement shall include documentation to verify expenditure of fund
consistent with the project description/definition as approved by the City Council. P?
records, receipts, paid invoices including an itemized statement of all costs are sample
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved bl
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 I
of the use of federal CDBG funds for the program outlined within this agreement. All rep1
program income may be retained by the Subrecipient for costs related to the subject pro
activities. However, the program income, retained by the Subrecipient, must be expended t
additional funds are requested from the City. The requirements are set forth in the ft
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 necc
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 $lO,OOO ma
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as allocated by the City Council for program year 1995-96.
5. RECORDS AND REPORTS
The Subrecipient shall maintain all records required by the Federal regulations specified in ~
CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. Su
records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating each activity undertaken meets on of the National Objectives
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of r
e. Records documenting compliance with the fair housing and equal opportunity compont
the CDBG program;
property acquired or improved with CDBG assistance;
of the CDBG program;
administration of each activity, and other financial records as required by 24 CFR 1
570.502, and OMB Circular A-110; and,
g. Any other related records as the City shall require to demonstrate compliance v
applicable Federal, state, and local rules and regulations governing these funds.
f. Documentation of all CDBG funds received from the City, eligible expenses incurred
The Subrecipient shall submit quarterly "Progress Reports" during the program year begim
July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of e
quarter. The final progress report is due no later than July 15, 1996. The report must incl
sufficient information to assist the City in monitoring the subrecipient's performance. '
subrecipient must demonstrate satisfactory performance prior to reimbursement for expendih
At a minimum, the performance reports shall include the following information:
a. Total number of personsfiouseholds participating in the program during reported per
b. Total number of participants from Carlsbad;
c. Number of low/moderate income Carlsbad persons/households participating in
program during the reporting period;
d. Age and ethnic background of Carlsbad participants;
e. Summary of program(s) provided to Carlsbad participants; and
The Subrecipient shall maintain client data demonstrating client eligibility for services prov.
Such data shall include at the minimum client name, address, ethnicity, income level or
basis.for determining eligibility, and description of service provided. This data shall assi
Subrecipient in completing the required quarterly progress reports to be submitted to the t
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 Statt
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 p~
of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial re1
supporting documents and statistical reports related to the project identified under this agre
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for a period of three (3) years after the termination of all activities funded under this Agreemel
All records subject to an audit finding must be retained for three (3) years from the date t
finding is made or until the finding has been cleared by appropriate officials and the Subrecipie
has been given official written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal yf
from the City of Carlsbad and/or any other city or agency, the subrecipient is required to subr
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 independe
neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for A
period beginning July 1, 1995 and ending June 30, 1996 and is due not later than one year ai
expiration of the agreement. The Subrecipient shall also be required to submit a second audit
funds received in fiscal year 1996-97 per this Agreement.
the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 for :
6, PROGRAM REQUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fed
Regulations, Part 570 (the Housing and Urban Development regulations concerning Commu:
Development Block Grants). The Subrecipient also agrees to adhere to the terms of the Ci
CDBG Application and Subrecipient Agreement and with assurances and agreements made,
the City, to the United States Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as descr
in Section 570.502 of the federal regulations for the CDBG Program; the federal requirem
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 regulat
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 570.604; and
b. The Subrecipient will not assume the City’s responsibility for initiating the re
process required under the provisions of Executive Order 12372 described at 570.61
the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referenc
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG fun(
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 I+
request must be submitted to the City for review by the Council. No change in use of the C
funds will be permitted by the City without prior formal approval by the Council.
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12.
13.
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NONDTSCRTMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in t
provision of services and the equal opportunity employment of personnel.
SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, tl
agreement may be suspended or terminated if the subrecipient fails to comply with any term
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 agreeme
REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG fu1
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 subrecipie
control that was acquired or improved in whole or in part with CDBG funds in excess of $25,
to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the fed
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 oi
current fair market value of the property less any portion of the value attributabl
expenditures of non-CDBG funds for acquisition, or improvement to, the prop(
Reimbursement is not required after the period of time specified in paragraph (a) of
section.
HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penal
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 liabilitj
claims by reason of alleged defects in any plans and specifications for the project or facili
ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without the
written consent of the City.
SUCCESSORS OR ASSIGNS
fines, Or any damage to goods, properties, or effects of any person whatsoever, nor for per:
Subject to the provisions of this Subrecipibnt Agreement Paragraph 11, "Hold Hz
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Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each
the parties hereto, and each of their respective heirs, executors, administrators, successors, a
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds andlor 01
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 requiremenQ
City Council Resolution No. 91-403 in an insurabIe 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 Manaj
This insurance shall be in force during the term of this agreement and shall not be canc
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 fur
certificates of insurance to the City before commencement of work.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed a
the day and year first written above.
BOYS AND GIRLS CLUB OF CARLSBAD, a non-profit organization,
d&&&&Q 0-Q" \ &
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ATTEST:
KAREN R. KUNDTZVAssistant City Clerk
mn AS To FoRM: Y & -.s.62* L
RONALD R. BALL, CITY ATTORNEY \
/r. 8 .ss .
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AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND GIRLS CLUB OF CARLSBAD FOR
1995-96 FEDERAL COMMUNITY DEmLOPMENT BLOCK GRANT mMDS
THIS AGREEMENT, made and entered into as of this 14th day of
NOVEMBER , 1995, by and between the CITY OF CARLSBAD, a munici
corporation, hereinafter referred to as "City", and GIRLS CLUB OF CARLSBAD, a non-prr
organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS? the City has applied for and received funds from the United States Governn
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to f
eligible activities which benefit persons of low and moderate income;
WHEREAS, the City has the need to provide recreational and/or cultural programs/activities
lower income persons;
WHEREAS, the Subrecipient can provide day care, after school care, and recreational sen
for low and moderate income households with some assistance from the City; and,
WHEREAS, the City has determined that the improvements to the Girls Club facility is exe
from environmental review under 24 CFR Part 58, Section 58.34(a)(10);
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 1995-1996 Community Development Block Grant (CDBG) fc
in the amount of seventy-five thousand five hundred dollars ($75,500), to the Subrecipien
the development of outdoor recreational areas, as part of the expansion and improvements tl
overall clubhouse facilities? located at 3368 Eureka Place in Carlsbad, California.
The construction work to be performed will include, but is not limited to the following:
a. Construction of outdoor cooking area, with built-in barbeque grill; b. Development of multi-purpose court and handball/racquetball court;
c. Development of a playground, including installation of playground equipment; anc
e. Installation of necessary fencing.
Every effort shall be made by the subrecipient to expend the allocated funds in their entire
June 30, 1996. If the Subrecipient will be unable to expend all of the funds allocated t
project by the noted date, the subrecipient shall request an extension from the City for con1
use of the funds on the approved project. Based on progress made by the subrecipient to
completing the subject project, the City will either agree to grant the extension or noti
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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 administrative costs relata
the provision of services for eligible residentslcitizens of Carlsbad for the period beginning J
1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be m
in accordance to budget information to be submitted to the City and in accordance L
performance. The reimbursements for costs shall not exceed a total of $75,500. The (
shall not provide any payments/reimbursements in advance of actual expenditures by
subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment
program administration costs. Prior to receiving reimbursement, the City will verify that
Subrecipient has administered the Homeless Prevention Program in compliance with all applic
Federal, state, and local rules and regulations governing these funds, and in a manner satisfac
to the City.
Each request for reimbursement shall include documentation to verify expenditure of funds
consistent with the project description/definition as approved by the City Council. Paj
records, receipts, paid invoices including an itemized statement of all costs are sample;
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by
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 re
of the use of federal CDBG funds for the program outlined within this agreement. All rep0
program income may be retained by the Subrecipient for costs related to the subject prog
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 necer
to provide the subject program as outlined in this agreement. Under this agreement, the C
as allocated by the City Council for program year 1995-96.
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accord
with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and S;
Standards Act, the Copeland "Anti-Kickback'' Act, and all other applicable Federal, state,
local laws and regulations pertaining to labor standards. All contractors engaged under cont
in excess of $2,000 for construction, renovation or repair work financed in whole or in part
only financial obligation to the Subrecipient is to provide the CDBG funds of $75,500 maxi]
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assistance provided under this Agreement, shall comply with Federal requirements pertaining
such contracts and with the applicable requirements governing the payment of wages and rat
inserted in full, in all such contracts subject to such regulations, provisions meeting tl
of apprentices and trainees to journeyworkers, The Subrecipient shall cause or require to 1
requirements of this paragraph.
The Subrecipient shall maintain documentation which demonstrates compliance with hour a
wage requirements, such as certified payrolls for all project employees. Such documentation sh
be submitted to the City for review and approval on a weekly basis.
5. RECORDS AND REPORTS
The Subrecipient shall maintain all records required by the Federal regulations specified in
CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. SI
records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating each activity undertaken meets on of the National Objectives 'the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of I
e. Records documenting compliance with the fair housing and equal opportunity componl
property acquired or improved with CDBG assistance;
of the CDBG program;
administration of each activity, and other financial records as required by 24 CFR 1
570.502, and OMB Circular A-110; and,
g. Any other related records as the City shall require to demonstrate compliance \
applicable Federal, state, and local rules and regulations governing these funds.
f. Documentation of all CDBG funds received from the City, eligible expenses incurred
The Subrecipient shall submit quarterly "Progress Reports" during the program year begin:
July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of I
quarter. The final progress report is due no later than July 15, 1996. The report must inc
sufficient information to assist the City in monitoring the subrecipient's performance.
subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditc
At a minimum, the performance reports shall include the following information:
a. Total number of personshouseholds participating in the program during reported pel
b. Total number of participants from Carlsbad;
program during the reporting period;
C. Number of low/moderate income Carlsbad personshouseholds participating in
d. Age and ethnic background of Carlsbad participants;
e. Summary of program(s) provided to Carlsbad participants; and
The Subrecipient shall maintain client data demonstrating client eligibility for services provj
Such data shall include at the minimum client name, address, ethnicity, income level or (
basis for determining eligibility, and description of service provided. This data shall assi:
Subrecipient in completing the required quarterly progress reports to be submitted to the (
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The Subrecipient shall maintain separate accounting records for the federal CDBG funds provid
by the City. The City, Federal Grantor Agency, ComptrolIer General of the United States,
any 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 recorl
supporting documents and statistical reports related to the project identified under this agreem
for a period of three (3) years after the termination of all activities funded under this Agreeme
All records subject to an audit finding must be retained for three (3) years from the date
finding is made or until the finding has been cleared by appropriate officials and the Subrecipi’
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 independt
neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for
period beginning July 1, 1995 and ending June 30, 1996 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, 1996 and ending June 30, 1997 for
funds received in fiscal year 1996-97 per this Agreement.
6. PROGRAM REOUTREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fed
Regulations, Part 570 (the Housing and Urban Development regulations concerning Commu
Development Block Grants). The Subrecipient also agrees to adhere to the terms of the Ci
CDBG Application and Subrecipient Agreement and with assurances and agreements made.
the City, to the United States Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as descr
in Section 570.502 of the federal regulations for the CDBG Program; the federal requiren:
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 regula1
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requirerr
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as desc~
in Section 570.604; and
b. The Subrecipient will not assume the City’s responsibility for initiating the re
process required under the provisions of Executive Order 12372 described at 570.6
the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referenc
a condition of this agreement.
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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 Subrecipj
desires a change in the use of the CDBG funds following approval of this agreement, a wril
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,
agreement may be suspended or terminated if the subrecipient fails to comply with any ten
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 agreem
lo., REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG fi
on hand at the time of expiration and any accounts receivable attributable to the use of CI
funds. The subrecipient shall be required to use any real property under the subrecipic
control that was acquired or improved in whole or in part with CDBG funds in excess of $25
to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the fe
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 o
current fair market value of the property less any portion of the value attributab
expenditures of non-CDBG funds for acquisition, or improvement to, the prop
Reimbursement is not required after the period of time specified in paragraph (a) o
section.
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, pen:
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 inten
or negligent acts, errors or omission of Subrecipient or Subrecipient’s agents, employec
representatives in completion of the project outlined in this agreement.
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Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers a~
employees against any of the foregoing liabilities or claims of any kind and any costland expen
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 pr
written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harm1
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind eact
the parties hereto, and each of their respective heirs, executors, administrators, successors, I
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or o
funds, the Subrecipient shall obtain and maintain policies of general liability insurance ar
combined policy of worker's compensation and employers liability insurance from an insur;
company authorized to do business in the State of California which meets the requirement
City Council Resolution No. 91-403 in an insurable amount of not less than one million dol
($1,900,000) 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 canc
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 fur
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.
GIRLS CLUB OF CARLSBAD, a non-profit organization,
l g ,~, c ..c (1. c(-L- /.: ,-::/ l<,![ Ky ,]-<,,LA
EILEEN OLSON, EXECUTIVE DIRECTOR
ATTEST:
RANZ, CITY CLERK
istant City Clerk
APPR D AS TO FORM:
L,a. L.
RONALD R. BALL, CITY ATTORNEY
//- 8.9.r’
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