HomeMy WebLinkAbout1995-11-14; City Council; 13387; APPROVAL OF SUBRECEPIENT AGREEMENT FOR 1993-94 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSc > 0 M a
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.. CITY OF CARLSBAD - AGE Ib DA BILL """t
AB# 13.36'3 TITLE:
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DEPT. H
CITY AI APPROVAL OF SUBRECIPIENT AGREEMENT FOR MTG. '"/'-' ' 1993-94 COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS DEPT. H/RED CITY M(
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RECOMMENDED ACTION:
Adopt Resolution No. 95-393 to approve a Subrecipient Agreement wi
and Girls Club of Carlsbad for 1993-94 federal Community Development Block G
ITEM EXPLANATION:
On May 25, 1993, the City Council selected the organizations to receive federal
Development Block Grant (CDBG) Entitlement funding for the 1993-94 prograr:
Boys and Girls Club was awarded funds to renovate the Village Branch facility.
The Boys and Girls Club has experienced some delays in the implementation of
The Boys and Girls Club met with several architects and contractors to discuss the
for renovating and expanding the Village Branch facility. After considerable di
was determined that it is in the best interest of the Boys and Girls Club to firs
master plan for the facility, which will assess the present structure and site
immediate facility needs, and determine a long term vision of the Boys and Girls C
Branch. The renovations and expansion of the Boys and Girls Club's Village 61
will be planned in phases, with the first phase being the development of a master
following phases to be determined by the master plan. The 1993-94 CDBG
amount of $30,000 will be used for those expenses related to the planning and
of a master plan.
Prior to disbursing CDBG funding for this project, the City must complete thc
environmental review and execute a written agreement with the Boys and C Subrecipient agreement has been prepared and is attached as Exhibit 2 for City C
and approval at this time. The Boys and Girls Club will receive $30,000 in 19
funds for predevelopment, planning, and design costs related to the renovation
Branch facility.
As required by federal regulations, staff has completed the required environr
documentation for the above CDBG funded project and has determined that the
project is exempt from environmental review under 24 CFR Section 58.34
environmental review documentation for this project is on file in the
Redevelopment Department.
FISCAL IMPACT:
No fiscal impact on the General Fund. This project will be funded through the 1 program.
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EXHIBITS:
I, Resolution No. 'i5*-9A3 approving 1993-94 Subrecipient Agreemc
Boys and Girls Club of Carlsbad for federal CDBG funds.
2. 1993-94 Subrecipient Agreement.
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CITY COUNCIL RESOLUTION NO. 9 5 - 3 23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBP
CALIFORMA, APPROVING A SUBRECIPIENT AGREEMENT FOR THE CI OF CARLSBAD'S 1993-94 FEDERAL COMMUNITY DEVELOPMENT BLO GRANT PROGRAM
WHEREAS, on May 25, 1993, the City Council of the City of Carlsbad, Califc
selected the programs to receive funding under the City's 1993-94 Community Develop]
Block Grant (CDBG) Program;
WHEREAS, the City Council of the City of Carlsbad, California has considera
required subrecipient agreement for 1993-94 Community Development Block Grant funds;
WHEREAS, the City has determined that the CDBG funded project to be adminis
by the Boys and Girls Club of Carlsbad is exempt from environmental review under 24
Section 58.34 (a)(6); 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 1993-94 Corn
Development Block Grant Subrecipient Agreement with the Bo!
Girls Club of Carlsbad/Village Branch Renovation. The agreemen
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 14th day of NOVEMBER , 1995, by
3 following vote, to wit:
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AYES; Council Members Lewis, Nygaard, Kulchin, Hall
NOES: None
ABSTAIN: None
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ABSENT: Council Member F
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ATTEST:
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4 6 ffi u," khT@UWNZ, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND BOYS AND GIRLS CLUB OF CARLSBAD
FOR 1993-94 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this I7th day of
NOVEMBER , 1995, by and between the CITY OF CARLSBAD, a munic
corporation, hereinafter referred to as IICity", and the BOYS AND GIRLS CLUB OF CARLSBl
a non-profit organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has the need to provide a safe recreational area for childre]
low/moderate income families within Carlsbad; and,
WHEREAS, the Subrecipient can provide a safe recreational facility for the children of Carl
with some assistance from the City;
WHEREAS, the City has detemined that the predevelopment, design, and planning costs fc
renovations of the Boys & Girls Club Village Branch facility is exempt from environmental review L
24 CFR Part 58, Section 58.24 (a)(6).
NOW, THEREFORE, in consideration of these recitals and the mutual covenants cont
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated a maximum amount of thirty thousand dollars ($30,000) in federal
1994 Community Development Block Grant (CDBG) funds to the Subrecipient to assist wil
costs associated with the development of architectural plans, engineering plans, and/or a r
plan for the renovation of the Subrecipient facility located at 31 15 Roosevelt Street in Car
California.
Every effort shall be made by the subrecipient to expend the allocated funds in their entirc
June 30, 1996. If the Subrecipient will be unable to expend all of the funds allocated
project by the noted date, the subrecipient shall request an extension from the City for con
use of the funds on the approved project. Based on progress made by the subrecipient tc
completing the subject project, the City will either agree to grant the extension or not:
Subrecipient that the funds must be reallocated to another eligible project due to slow 1
progress.
2. DISBURSEMENT OF F'UNDS
The City shall reimburse the Subrecipient with CDBG funds for a portion of the actual rnl
and labor expenses associated with the development of architectural plans, engineering
1 and/or a master plan for the renovation of the subject facility for the period beginning
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1995 and ending June 30, 1996. The reimbursements for costs shall 'not exceed a total
$30,000. The City shall not provide any paymentsheimbursements in advance of acl
expenditures by the subrecipient.
The subrecipient shall be eligible to receive a maximum of $30,000 upon providing pro0
reasonable and eligible expenditures and compliance with applicable labor standard regulatic
The CDBG funds identified within this agreement may be used for reasonable costs associ;
with the development of architectural plans, engineering plans and/or a master plan for
renovation of the facility. The CDBG funds may not be used for general administra
expenses.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fol
planning and design costs of the facility. Each request for reimbursement shall inc
documentation to verify expenditure of funds are reasonable and consistent with the prc
description/definition as approved by the City Council. Prior to receiving reimbursement:
City will verify that the Subrecipient has met all applicable labor standards for the pro
including payment of federal prevailing wages to employees of the general contractor, an(
subcontractors, for construction. Payroll records, receipts, paid invoices including an iten statement of all costs are samples of appropriate methods of reimbursement documentation
The Subrecipient may request reimbursement anytime after this agreement is approved b!
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 1
of the use of federal CDBG funds for the renovation of the facility. All reported program in
may be retained by the Subrecipient for costs related to renovation of the facility. Howeve]
program income, retained by the Subrecipient, must be expended before additional fund
requested from the City. The requirements are set forth in the federal regulations Sec
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 dl expenses neu
to complete the development of architectural plans, engineering plans, and/or a master pl;
the renovation of the facility as outlined in this agreement. Under this agreement, the City':
financial obligation to the Subrecipient is to provide the CDBG funds of $30,000 maxim1
allocated by the City Council for program year 1993-94.
5. RECORDS AND REPORTS
The Subrecipient shall maintain the following records and reports to assist the City in maint
its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following informati
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a. Documentation of the income level and/or age of persons and/or households participati
b. Documentation of the number of persons and/or households participating in the
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 beginr
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 expenditu At a minimum, fie performance reports shall include the following information regarc
utilization of the Boys and Girls Club by the children of low/moderate income families wi
Carlsbad:
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 form Carlsbad.
The Subrecipient shall maintain separate accounting records for the federal CDBG funds pro1
by the City. The City, Federal Grantor Agency, Comptroller General of the United State
any 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
of audit, examination, excerpts and transcriptions.
unless otherwise notified by the City, the Subrecipient shall retain all financial rer
supporting documents and statistical reports related to the project identified under this agrel
until June 30, 1999. 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 offcial written notice.
The Subrecipient is required to have a Single Audit Report prepared since it will be rec
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 prl
by an independent, neutral third-party auditor. The audit shall cover financial operations
Subrecipient for the period beginning July 1, 1995 and ending June 30, 1996 and is due nc
than one year after expiration of the agreement. The Subrecipient shall also be required to
a second audit for the period covered under fiscal year beginning July 1, 1996 and endin
30, 1997 for any of the funds received in fiscal year 1996-97 per this agreement.
the reporting period;
6. PROGRAM REOUIREMENTS
The Subrecipient shall adhere to the terms of the City's CDBG Application and Subrc
Agreement and with assurances and agreements made, by the City, to the United
Department of Housing and Urban Development.
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The Subrecipient shall comply with applicable Uniform Administrative Requirements as describl
in Section 570.502 of the federal regulations for the CDBG Program; the federal requiremer
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 descri€
in Section 570.604; and
b. The Subrecipient will not assume the City’s responsibility for initiating the rev:
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 reference a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG fund!
religious organizations, if applicable to this agreement and the approved project outlined her
7. CHANGES IN USE OF FCJNDS
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 CT
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 il
provision of services and the equal opportunity employment of personnel.
9. $USPENSION 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 tet
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and E
of the Code of Federal Regulations are set forth, by reference, as provisions of this agree1
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 C
funds. Any real property under the Subrecipient’s control that was acquired or improv
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 ft
regulations until five (5) years after expiration of the Agreement; or
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b) Disposed of in a manner that results in the City being reimbursed in the amount of t] current fair market value of the property less any portion of the value attributable
expenditures of non-CDBG funds for acquisition of, or improvement to, the propert
Reimbursement to the City shall not be required after the period of time specified
paragraph (a) of this Section.
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penaltic
fines, or any damage to goods, properties, or effects of any person whatsoever, nor for persol
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 :
employees against any of the foregoing liabilities or claims of any kind and any cost/and expe:
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 p;
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 eacl
the parties hereto, and each of their respective heirs, executors, administrators, successors,
assigns.
14. INSURANCE
The Subrecipient shall obtain and maintain policies of general liability insurance and a comb policy of worker's compensation and employers liability insurance from an insurance corn1
authorized to do business in the State of California which meets the requirements of city cor
Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,000,(
each, unless a lower amount is approved by the City Attorney or the City Manager.
This insurance shall be in force during the term of this agreement and shall not be can(
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 fu1
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,
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ATTEST:
Cft7;‘,UJ?EF&RANZ, CITY CLERK
KAREN R. KUNDTZ, Assistant City Clerk
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RONALD BALL, CITY ATTORNEY 11- 1s” 9 s-*
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