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HomeMy WebLinkAbout1997-02-11; City Council; 14050; APPROVAL OF 1996-97 SUBRECIPIENT AGREEMENT WITH THE BOYS AND GIRLS CLUB FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSAPPROVAL OF A 1996-97 SUBRECIPIENT RECOMMENDED ACTION: Adopt Resolution No. q’?’hh Girls Club of Carlsbad for federal Community Development Block Grant Funds. ITEM EXPLANATION: On April 16, 1996 and subsequently on June 19, 1996, the City Council selected the orgar receive federal Community Development Block Grant (CDBG) Entitlement funding for th program year. Prior to disbursing CDBG funding for the subrecipients, the City must COI appropriate environmental reviews and execute a written agreement for the various approved pi A subrecipient agreement with the Boys and Girls Club of Carlsbad has been prepared and is E Exhibit 2 for City Council review and approval at this time. The Boys and Girls Club will receive 1996-97 CDBG funds for the implementation and administration of the Teen Scene Program. As required by federal regulations, staff has completed the required environmental review doc1 for the above CDBG funded project. Staff has determined that the grant for this project is ex environmental review under 24 CFR Section 58.34 (a)(9). The environmental review docume this project is on file in the Housing and Redevelopment Department. FISCAL IMPACT: No fiscal impact on the General Fund. The Boys and Girls Club’s Teen Scene Program will through the CDBG program. to approve a 1996-97 Subrecipient Agreement with the 1. Resolution No. q? - 6 Ib approving the 1996-97 Subrecipient Agreement for fede Q w 2 LZ Dl .% 6 WJ 2. 1996-97 Subrecipient Agreement with the Boys and Girls Club of Carlsbad. .. z 8 F 0 4 0 2 3 0 e, a 1 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 CITY COUNCIL RESOLUTION NO. 9 7 - 66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUBRECIPIENT AGREEmNT WITH Tm BOYS AND GIRLS CLUB OF CARLSBAD FOR THE CITY OF CARLSBAD'S 1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, on April 16, 1996 and subsequently on June 19, 1996, the City Counci City of Carlsbad, California selected the programs to receive funding under the City's - Community Development Block Grant (CDBG) Program; WHEREAS, the City Council of the City of Carisbad, California has considered the r subrecipient agreement for 1996-97 Community Development Block Grant Eunds with the B< Girls Club of Carlsbad for the implementation and administration of the Teen Scene Program; WHEREAS, the City has determined that this Community Development Block Grant activity is exempt from environmental review under 24 CFR Section 58.34 (a)(9); 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 hereby approves the 1996-97 Community Developmen Grant Subrecipient Agreement, on file in the City Clerk's office, with the Bc Girls Club of Carlsbad for the implementation and administration of the Teer Program. 3. That the Mayor is authorized to sign the Community Development Block Subrecipient agreement on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED by the City Council of the City of Ca California, on the 11th day Qf February 1997, by the following 7 wit: AYES: Council Members Lewis, Nygaard, Kulchin and Hall NOES: None ABSTAIN: None ABSENT: Council Member Finnila ' ATTEST: - ALETHA L. WUTENKRANZ, City Clerk 1 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BOYS AND GIRLS CLUB OF CARLSBAD FOR 1996-97 THIS AGREEMENT, made and entered into as of this 14th day of FEBRUARY 1997, by and between the CITY OF CARLSBAD, municipal corporation, hereinafter referred to as "City", and BOYS AND GIRLS CLUB 0 CARLSBAD, a non-profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Governme under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fur eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide assistance to non-profit public service provide who offer recreational and/or cultural programs/activities for lower income persons. WHEREAS, the Subrecipient can provide this basic service for low and moderate incon households with some assistance from the City; and, WHEREAS, the City has determined that the Teen Scene Program offered by the Boys ar Girls 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 containc herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1996-97 Community Development Block Grant (CDBG) fund in the amount of fourteen thousand six hundred and forty dollars ($14,640) to the Subrecipie for operation of the Teen Scene program located at 3115 Roosevelt Street in Carlsba California. The Teen Scene Program will offer teens recreational, physical recreation, educational, soci: and artistic services during the afternoon and evening hours. The Boys and Girls Club specifically open to teens only on Thursday and Friday evenings to participate in a variety ( structured activities. Services to be provided include, but are not limited to: a. Recreational activities; b. C. Tutoring; d. Study ha1 1; e. Computer training; f. Counseling and mediation; and, g. Mentoring program. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety 1 June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to t! Workshops and discussions centering on conflict resolution, drug awareness, care planning, and visual, literary, and performing arts: . 1 0 0 project by the noted date, the Subrecipient shall request an extension from the City f continued use of the funds on the approved project based on progress made by the Subrecipie towards completing the subject project, the City will either agree to grant the extension notify the Subrecipient that the funds must be reallocated to another eligible activity due to sic project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrative costs related the provision of services for eligible residentskitizens of Carlsbad €or the period beginning Ju 1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be mal in accordance to budget information to be submitted to the City and in accordance wi performance. The reimbursements for costs shall not exceed a total of $14,640. The Ci shall not provide any payments/reimbursements in advance of actual expenditures by t Subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request payment f program administration costs. Prior to receiving reimbursement, the City will verify that t Subrecipient has administered the services and activities in compliance with all applicat Federal, state, and local rules and regulations governing these funds, and in a mam satisfactory to the City. Each request for reimbursement shall include documentation to verify expenditure of funds a consistent with the project descriptioddefinition as approved by the City Council. Payrc records, receipts, paid invoices including an itemized statement of all costs are samples I appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement is approved by tl City Council and continue until the expiration date, or amended expiration date, of th agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a dire1 result of the use of federal CDBG funds for the program outlined within this agreement. A reported program income may be retained by the Subrecipient for costs related to the subje program activities. However, the program income, retained by the Subrecipient, must t expended before additional funds are requested from the City. The requirements are set for in the federal 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 necessa to provide the subject program as outlined in this agreement. Under this agreement, the City only financial obligation to the Subrecipient is to provide the CDBG funds of $14,64 maximum as allocated by the City Council for program year 1996-97. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 2 2 0 a 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 property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportur components of the CDBG program: f. Documentation of all CDBG funds received from the City, eligible expenses incur] for administration of each activity, and other financial records as required by 24 C Part 570.502, and OMB Circular A-1 10; and, Any other related records as the City shall require to demonstrate compliance u applicable Federal, state, and local rules and regulations governing these funds. g. The Subrecipient shall submit quarterly “Progress Reports” during the program year beginn Juiy I, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of e< quarter. The final progress report is due no later than July 15, 1997. The report must incli sufficient information to assist the City in monitoring the Subrecipient‘s performance. 1 Subrecipient must demonstrate satisfactory performance prior to reimbursement expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. e. The Subrecipient shall maintain client data demonstrating client eligibility for servii provided. Such data shall include at the minimum client name, address, ethnicity, income le or other basis for determining eligibility, and description of service provided. This data sk assist the Subrecipient in completing the required quarterly progress reports to be submitted the City. The Subrecipient shall maintain separate accounting records for the federal CDBG fu1 provided by the City. The City, Federal Grantor Agency, Comptroller General of the Uni States, or any of their duly-authorized representatives shall have access to all boo documents, papers and records maintained by the Subrecipient which directly pertain to above project for the purpose 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 t agreement for a period of three (3) years after the termination of all activities funded under t Agreement. All records subject to an audit finding must be retained for three (3) years fr Total number of persons/households participating in the program during repor period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in program during the reporting period; Age and ethnic background of Carlsbad participants; Summary of program(s) provided to Carlsbad participants; and 3 a 0 rhe date the finding is made or until the finding has been cleared by appropriate officials ar the Subrecipient has been given official written notice. If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal ye from the City of Carlsbad and/or any other city or agency, the Subrecipient is required submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipie shall be required to submit, to the City, a comprehensive financial audit prepared by : independent, neutral third-party auditor. The audit shall cover financial operations of tl Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due n later than one year after expiration of the agreement. The Subrecipient shall also be required submit a second audit for the period covered under fiscal year beginning July 1, 1997 at ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of FedeI Regulations, Part 570 (the Housing and Urban Development regulations concernir Community Development Block Grants). The Subrecipient also agrees to adhere to the tern of the City's CDBG Application and Subrecipient Agreement and with assurances ar agreements made, by the City, to the United States Department of Housing and Urb: Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements described in Section 570.502 of the federal regulations for the CDBG Program; the feder requirements are set forth, by reference, as a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws ai regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housii requirements of the CDBG Program Regulations, except that: a. The Subrecipient will not assume the City's environmental responsibilities as describl in Section 570.604; and The Subrecipient will not assume the City's responsibility for initiating the revif process required under the provisions of Executive Order 12372 described at 570.6 of the Code of Federal Regulations. b. 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 1 religious organizations, if applicable to this agreement and the approved project outlinc herein. CHANGES IN USE OF FUNDS 7. 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 t CDBG funds will be permitted by the City without prior formal approval by the Council. 4 e e L 8. NONDISCRIMINATION 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, t 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 a 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of t agreement. 9. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG fur on hand at the time of expiration and any accounts receivable attributable to the use of CDE funds. The Subrecipient shall be required to use any real property under the Subrecipien control that was acquired or improved in whole or in part with CDBG funds in excess $25,000 to either be: a> Used to meet one of the national objectives in 24 CFR Section 570.208 of the fede regulations until five (5) years after expiration of the agreement; or, Disposed of in a manner that results in the City being reimbursed in the amount of i 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 property Reimbursement is not required after the period of time specified in paragraph (a) of tl section. b) + 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 1 personal injuries or death caused by, or claimed to have been caused by, or resulting from, a intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agen employees, or representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City and its offici and employees against any of the foregoing liabilities or claims of any kind and any coda expense that is incurred by the City on account of any of the foregoing liabilities, includi liabilities or claims by reason of alleged defects in any plans and specifications for the proje or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without t prior written consent of the City. 5 e * 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Sub.recipient Agreement Paragraph 1 1, "Hold Harmle Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each t the parties hereto, and each of their respective heirs, executors, administrators, successors, ar assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othc funds, the Subrecipient shall obtain and maintain policies of general liability insurance and combined policy of worker's compensation and employers liability insurance from an insuranc company authorized to do business in the State of California which meets the requiremen(S I City Couiicil Resolution No. 91-403 in an insurable amount of not less than one million dolla ($1,000,000) each, unless a lower amount is approved by the City Attorney or the Ci Manager. This insurance shall be in force during the term of this agreement and shall not be cancele 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 slx furnish certificates of insurance to the City before commencement of work, IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as I the day and year first written above. BOYS AND GIRLS CLUB OF CARLSBAD, a non-profit organization, /f---+/H& CITY OF CARLSB u cipal corporation of the State of California &[E< CL'AUDE A. "bIJDtt LEWIS, MAYOR ATTEST: v ALETHA L. RAUTENKRANZ, CITY CLERK\ APPROVED AS TO FORM: Q&3zQ.p RONALD R. BALL, CITY ATTORNEY 2-*/3*7? 6