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HomeMy WebLinkAbout1998-10-06; City Council; 14865; APPROVAL OF 1998-99 SUBRECIPIENT AGREEMENTS WITH THE BOYS & GIRLS CLUB OF CARLSBAD FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS< APPROVAL OF 1998-99 SUBRECIPIENT AGREEMENTS c FEDERAL COMMUNITY DEVELOPMENT BLOCK DEPT. HlRED RECOMMENDED ACTION! Adopt Resolution No. c? 8 -31 9 of Carlsbad for 1998-99 federal Community Development Block Grant funds. ITEM EXPLANATION: On March 24, 1998, the City Council selected the organizations to receive federal ( Development Block Grant (CDBG) funding for the 1998-99 program year. Prior to disbursing C to the subrecipients, the City must complete the appropriate environmental reviews and execu agreement f~r the various approved project(s). Two Subrecipient Agreements with the Boys & Girls Club of Carlsbad have been prepare attached as Exhibit 2 for City Council review and approval at this time. The Boys 8 Girls Club ( will receive $7,500 in 1998-99 CDBG funds for the operation of the Teen Scene Program ani for the remodel of the Village Branch facility located at 31 15 Roosevelt Street, Carlsbad, Califor As required by federal regulations, staff has completed the required environmental review doc for the above CDBG funded projects. Staff has determined that the grants for these projects from environmental review under 24 CFR Section 58.34 (a)(4) & (12). The environmei documentation for these projects are on file in the Housing and Redevelopment Department. FISCAL IMPACT: No fiscal impact on the General Fund. The projects will be funded through the federal CDBG p to approve the Subrecipient Agreements with the Boys 8( 1. Resolution No. 9 % -31 7 of Carlsbad for 1998-99 federal CDBG funds. approving the Subrecipient Agreements with the Boys 8 1 2 3 4 5 6 ’ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C !R COUNCILRESOLUTIONNO. 98-2 e 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SUBRECIPIENT AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND THE BOYS & GIRLS CLUB OF CAFUSBAD FOR 1998-99 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, on March 24, 1998, the City Council of the City of Carlsbad, California select programs to receive funding under the City’s 1998-99 Community Development Block Grant (C program; WHEREAS, the City Council of the City of Carlsbad, California, has considered the re subrecipient agreements for 1998-99 Community Development Block Grant funds; WHEREAS, the City has determined that these Community Development Block Grant 3 activities are exempt from environmental review under 24 CFR Section 58.34 (a)(4) & (12); 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 1998-99 Community Development Block Subrecipient Agreements, on file in the City Clerk’s office, for the Boys & Girls C Carlsbad for: 1) the operation of the Teen Scene Program, and 2) the rehabilitation Village Branch facility located at 3 1 15 Roosevelt Street, Carlsbad, California. 3. That the Mayor is authorized to sign the Community Development Block Grant Subrec Agreements on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED by the City Council of the City of Cz California, on the 6th day of October , 1998, by the following vote, AYES: Council Members Lewis, Finnila, Nygaard, and Hall NOES: None ABSENT: Council Member Kulchin ABSTAIN: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk \ 1 0 0 ? AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BOYS & GIRLS CLUB OF CARLSBAD FOR 1998-99 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this loth day of October 1998, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to a ”City”, and BOYS & GIRLS CLUB OF CARLSBAD, a non-profit organization, hereinafter referrec to as ”Subrecipient”. RECITALS WHEREAS, the City has applied for and received funds from the United States Governmen under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 a amended to fund eligible activities which benefit persons of low and moderate income; WHEREAS, the City has the need to provide assistance to non-profit public service provider, who offer day care, after-school care, cultural enrichment, recreation, health care/immunization o self-improvement for lower income children living in Carlsbad WHEREAS, the Subrecipient can provide these services for low and moderate income childrei with some assistance from the City; WHEREAS, the City has determined that the Teen Scene program offered by Boys & Girl; Club of Carlsbad is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4) and, WHEREAS, the U.S. Department of Housing and Urban Development has approved tht City’s Annual Consolidated Funding Strategy and Plan for Community Development Block Gran funds (hereinafter referred to as the “Annual Consolidated Plan”); NOW, THEREFORE, in consideration of these recitals and the mutual covenants containec herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 1998-99 federal Community Development Block Grant (CDBG) funds in the amount of seven thousand five hundred dollars ($7,500) to the Subrecipient for operatior of the Teen Scene program located at 3115 Roosevelt Street, California for the perioc beginning July I, 1998 and ending June 30, 1999. The Subrecipient agrees to use all federa Scope of Work, attached hereto as Exhibit “A”, and in accordance with the terms of thc Annual Consolidated Plan. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety b! June 30, 1999. If the Subrecipient will be unable to expend all of the funds allocated to thc project by the noted date, the Subrecipient shall request an extension from the City fo continued use of the funds on the approved project based on progress made by the Subrecipien towards completing the subject project, the City will either agree to grant the extension o notify the Subrecipient that the funds must be reallocated to another eligible activity due to slop project progress. funds provided by the City to the Subrecipient pursuant to the provisions of this Agreement, thr 1 0 0 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable cost! related to the provision of services for eligible residents of Carlsbad for the term of thi: Agreement. The reimbursements for costs shall not exceed a total of $7,500. However, nc more than 90 percent of the total agreed upon compensation will be paid during thc performance of this Agreement. The balance due (remaining 10 percent) shall be paid upor final certification by the City that Subrecipient has administered the services and activities ir compliance with all applicable Federal, state, and local rules and regulations governing thesc funds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information provided ir Exhibit "B" and in accordance with performance. Subrecipient represents that the budge includes only allowable costs and an accurate analysis of costs applicable to the CDBG fund! pursuant to 24 CFR Part 5102. Subrecipient shall submit a "Request for Reimbursement" to the City for compensation a eligible and actual expenses incurred. The City shall not provide any paymentsheimbursement reimbursements anytime after this agreement is approved by the City Council and continu until the expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds ar consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and wit, all applicable Federal, state, and local rules and regulations governing these funds. Payrol records, receipts, paid invoices including an itemized statement of all costs are samples a appropriate methods of reimbursement documentation. in advance of actual expenditures by the Subrecipient. Subrecipient may requer 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direc 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 subjec program activities. However, the program income, retained by the Subrecipient, must b in the federal regulations Section 570.504 which are incorporated herein by reference. expended before additional funds are requested from the City. The requirements are set fort 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necessai 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 $7,500 maximu as allocated by the City Council for program year 1998-99. I 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 2 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Suc records shall include but not be limited to: a. Records providing a full description of each activity undertaken; 2 0 0 b. Records demonstrating each activity undertaken meets on of the National Objectives of th CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of rea property acquired or improved with CDBG assistance; e. Records demonstrating compliance with the requirements in Section 570.606 regardin; acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity component of the CDBG program; g. Documentation of all CDBG funds received from the City, eligible expenses incurred fo 570.502, and OMB Circular A-1 10; and, h. Any other related records as the City shall require to demonstrate compliance wit1 applicable Federal, state, and local rules and regulations governing these funds. administration of each activity, and other financial records as required by 24 CFR Par The Subrecipient shall submit quarterly "Progress Reports" within fifteen (15) calendar days o the end of each quarter for the full term of this Agreement. The final progress report is due nc later than July 15, 1999. The report must include sufficient information to assist the City ii monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactor performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. Total number of persondhouseholds participating in the program during reportec period; Total number of participants from Carlsbad; program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. c. Number of lowlmoderate income Carlsbad gersonslhouseholds participating in thl d. e. The Subrecipient shall maintain client data demonstrating client eligibility for service provided. Such data shall include at the minimum client name, address, ethnicity, income leve or other basis for determining eligibility, and description of service provided. This data shal assist the Subrecipient in completing the required quarterly progress reports to be submitted tc the City. The Subrecipient shall maintain separate accounting records for the federal CDBG fund provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unite( States, or any of their duly-authorized representatives shall have access to all books documents, papers and records maintained by the Subrecipient which directly pertain to thc above project for the purpose of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial records supporting documents and statistical reports related to the project identified under thi agreement for a period of three (3) years after the termination of all activities funded under thi Agreement. All records subject to litigation, claims, audit findings, negotiations, or othe actions must be retained for three (3) years from the date such action commenced or unti completion of the action and resolution of all issues by the appropriate officials and thc 3 0 0 Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $300,000 in total federal funds in one fiscal yea from the City of Carlsbad and/or any other city or agency, the Subrecipient is required tc submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipien shall be required to submit, to the City, a comprehensive financial audit prepared by ai independent, neutral third-party auditor. The audit shall cover financial operations of thl Subrecipient for the term of this Agreement and is due not later than one year after expiratio] of the agreement. The Subrecipient shall also be required to submit a second audit for thl following period covered under fiscal year beginning July 1, 1999 and ending June 30, 2001 for any funds received in fiscal year 1999-2000 per this Agreement. 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federa Regulations, Part 570 (the Housing and Urban Development regulations concernin; Community Development Block Grants). The Subrecipient also agrees to adhere to the term of the City's CDBG Application and Subrecipient Agreement and with assurances anc agreements made, by the City, to the United States Department of Housing and Urbai Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements a described in Section 570.502 of the federal regulations for the CDBG Program; the federa 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 ani regulations as described in Subpart K of the CDBG Program Regulations, such as affirmativel: furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation anc acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as describe( in Section 570.604; and The Subrecipient will not assume the City's responsibility for initiating the reviev process required under the provisions of 24 Code of Federal Regulations Part 52. b. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, a a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds b religious organizations, if applicable to this agreement and the approved project outlinec herein. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S Department of HUD. If the Subrecipient desires a change in the use of the CDBG fund following approval of this agreement, a written request must be submitted to the City fo review by the Council. No change in use of the CDBG funds will be permitted by the Ci? without prior formal approval by the Council. 7. 4 0 0 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in th 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, th 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 an 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of thi agreement. 9. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG fund on hand at the time of expiration and any accounts receivable attributable to the use of CDB( funds. The Subrecipient shall be required to use any real property under the Subrecipient' control that was acquired or improved in whole or in part with CDBG funds in excess o $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federa 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 thi current fair market value of the property less any portion of the value attributable tc 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 this section. b) 11. BOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties fines, or any damage to goods, properties, or effects of any person whatsoever, nor fo personal injuries or death caused by, or claimed to have been caused by, or resulting from, ani intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agents 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 officer! and employees against any of the foregoing liabilities or claims of any kind and any cost/ana expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or 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 prior written consent of the City. 5 0 0 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 1 1, "Hold Harmles Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each o the parties hereto, and each of their respective heirs, executors, administrators, successors, anc assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othe 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 requirements o City Council Resolution No. 91-403 in an insurable amount of not less than one million dollar ($1,000,000) each, unless a lower amount is approved by the City Attorney or the Cit, Manager. This insurance shall be in force during the term of this agreement and shall not be cancelec 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 shal furnish certificates of insurance to the City before commencement of work. IN WITNESS VVHEREOF the parties hereto have caused this agreement to be executed as o t written above. ARLSBAD, a non-profit corporation, .c- orporation of the State of California ATTES'I': .. ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: 1 L(2L RONALD R. BALL, City Attorney 16. 7. cj g, 6 0 e EXIHIBT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1998 to June 30, 1999 Subrecipient Name: Address : 3 115 Roosevelt Street Carlsbad CA 92008 Project Description: BOYS & GIRLS CLUB OF CARLSBAD Provide the Teen Scene program, which provides positive alternatives, focusec on young people between the ages of 13 and 16. Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.) 1. CDBG funds will be used to fund the following activities in compliance with the project descriptio] outlined and in conformance with the Federal regulations for the CDBG program: (Please specif if CDBG funds will be used to fund costs associated with stafing, rents, utilities, supplies, etc.) Community Development Block Grant monies will be used primarily to offset staffing costs associated with the Teen Program. 2. Project objectives to be accomplished during the contract period: (Please describe the specific services or activities to be provided to low/moderate income Carlsbad residents with the CDBC jimds awarded. If applicable, please provide a target objective for the number o persons/households to benefit from the Subrecipient’s sewices/project.) The primary objective of the Teen Scene Program is to provide areas of education, socialization, athletics, arts and crafts recreation. The programs encourage the developlent of life sk in the areas of leadership, decision Eakinq, conflict resoluti tolerance and! empowerment. Activities d.ir cted b o allr trained staff who of a. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopmen Department on the CDBG Quarterly Performance Report form as provided. b. Maintain records, invoices, and relevant statistics supporting the quarterly reports. c. Provide a final performance report, including an evaluation report of the program’s success ii meeting established goals, to the City of Carlsbad Housing and Redevelopment Departmen within 15 days of termination of the contract date on the CDBG Annual Performance Repor form as provided. d. Provide notification to the City of any audits or investigations including results, findings andlor liens. an array of programs specifically targeted towards teens in th uiaance .anEiirecLon foY- €WeTs& Len&. 3. Froject objectives performance measures: 7 0 0 EXIHIBT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1998 to June 30, 1999 Subrecipient Name: Address: 31 15 Roosevelt Street Carlsbad CA 92008 Project Description: BOYS & GIRLS CLUB OF CARLSBAD Provide the Teen Scene program, which provides positive alternatives, focusec on young people between the ages of 13 and 16. 8 a 0 BOYS GIRLS CLUB OF CARLSBAD Teen Scene Program for the fiscal year ending June 30,1998 INCOME Club Sponsored Income Membership Fees 2000 Total Club Sponsored Income 2000 Fund-raising Fundraisers 35000 Total Fund-raising 35000 Grants & Contributions FoundationslGrants 40000 Total Grants & Contributions 40000 TOTAL INCOME 77000 EXPENSES Payroll & Benefits Administration 10350 Car Allowance 480 Part-time & Seasonal 13520 Life & Hospitalization 4680 Workers' Compensation 1198 Total Payroll & Benefits 53427 Program Coordinators 18000 Payroll Tax Expense 3799 Pension 1400 0 e > BOYS GIRLS CLUB OF CARLSBAD Teen Scene Program for the fiscal year ending June 30, 1998 Operating Expenses Accounting 600 Advertising 250 Conferences 400 Dues to BCGA 750 Other Dues & Supscriptions 50 Equipment Lease 480 3750 Insurance Outside Services 250 Postage 300 Repairs & Maintenance 2640 Staff Training 800 Taxes & Licenses 400 Telephone 3 00 Bank Charges 100 Office Supplies 1000 Printing 200 Utilities 2000 Vehicle Expense 2000 Program Supplies 1250 Interest Expense 500 Depreciation 1500 Total Operating Expenses 19720 TOTAL EXPENSES 73 147 Interest Earned Miscellaneous Expense 200 NET INCOME 3853 October 21, 1998 Boys & Girls Club of Carlsbad 31 15 Roosevelt Street Carlsbad, CA 92008 RE: 1998-99 SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Enclosed for your reference is a copy of Carlsbad City Council Resolution No. 98-31 9, Community Development Block Grant Funds. Also enclosed is one fully executed original agreement granting your agency funds through the Community Development Block Grant program. If you have any questions regarding this agreement, please call the Carlsbad Housing and Redevelopment department at (760) 434-281 0. adopted on October 6, 1998, approving the Subrecipient agreement for 1998-99 4- 0- KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (760) 434-280€