HomeMy WebLinkAbout2000-10-03; City Council; 15920; Approve CDBG Subrecipient Agreementsr( - q 0. +Y 3
CITY OF CARLSBAD - AGENLJA BILL ’
AB# Is! gde, TITLE:
MTG. 10-3-90 APPROVAL OF COMMUNITY DEVELOPMENT BLOCK
GRANT SUBRECIPIENT AGREEMENTS DEPTm HD-% CITY ATTY.
RECOMMENDED ACTION:
Adopt Resolution No.dmafi pproving Community Development Block Grant Subrecipient Agreements.
ITEM EXPLANATION:
On April 11, 2000, the City Council selected the organizations to receive federal Community Development
Block Grant (CDBG) funds for the 2000-2001 program year. The selected organizations will receive funds
for activities to benefit lower income Carlsbad residents. Funding agreements with the following
organiztions have been prepared for City Council review and approval. Funding agreements with other
organizations selected to receive funding will be submitted for review and approval at a future meeting.
Boys and Girls Club Teen Scene Program $5,000
North County Service Center Emergency Housing Program $5,000
As required by federal regulations, staff has completed the required environmental review documentation
for the above CDBG funded projects and determined that the grants for these projects are exempt from
environmental review under 24 CFR Section 58.34 (a)(4) and will result in no significant impact on the
environment.
FISCAL IMPACT:
No fiscal impact on the General Fund. Funds will be provided through the federal CDBG program.
EXHIBITS:
1. Resolution No.%o&3@pproving Subrecipient Agreements for federal CDBG funds.
2. 2000-2001 CDBG Subrecipient Agreements. (On file with City Clerk)
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CITY COUNCIL RESOLUTION NO. 2000-309
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AGREEMENTS BETWEEN THE CITY OF
CARLSBAD AND SUBRECIPIENTS PARTICIPATING IN THE 2000-2001
CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
WHEREAS, on April 11, 2000, the City Council of the City of Carlsbad, California selected
programs to receive funding under the City’s 2000-2001 Community Development Block Grant (CDBG)
program; and
WHEREAS, the City Council of the City of Carlsbad, California, has considered the required
subrecipient agreements for 2000-200 1 Community Development Block Grant funds; and
WHEREAS, the City has determined that these Community Development Block Grant funded
activities will have no significant impact on the environment or are exempt from environmental review
under 24 CFR Section 58.34 (a)(4) or categorically excluded under Section 58.34 (a)(3); and
I 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 2000-2001 Community Development Block Grant
Subrecipient Agreements, on file with the City Clerk’s Office, for the following subrecipients
and activities:
Boys and Girls Club of Carlsbad Teen Scene Program
North Coastal Service Center Emergency Housing Program
3. That the Mayor is authorized to sign the Subrecipient Agreements on behalf of the City of
Carlsbad.
II PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad,
California, on the 3rd _ _. dayof October ,2000, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard and Kulchin
I
NOES: None
ABSENT: Council Member Hall
ABSTAIN: None
ATTEST: ,
2
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
BOYS AND GIRLS CLUB OF CARLSBAD FOR 2000-2001
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of thii 2&d October day of
2000 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as
“City”, and BOYS AND GIRLS CLUB OF CARLSBAD, a non-profit corporation, hereinafter
referred to as ’ Subrecipient”.
RECITALS
WHEREAS, the City has applied for and received funds from the United States Government
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as
amended to fund eligible activities which benefit persons of low and moderate income; and,
WHEREAS, the City has the need to provide assistance to non-profit public service providers
who offer shelter or services to homeless or near homeless persons/families or counseling and self-
improvement programs/activities for lower income Carlsbad residents; and,
WHEREAS, the Subrecipient can provide these basic services for low and moderate income
households with some assistance from the City; and,
WHEREAS, the City has determined that services offered by Boys and Girls Club of Carlsbad
are exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(4); and,
WHEXEAS, the U.S. Department of Housing and Urban Development has approved the
City’s Annual Consolidated Plan for Community Development Block Grant funds (hereinafter referred
to as the “Annual Consolidated Plan”).
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated 2000-2001 federal‘ Community Development Block Grant (CDBG)
funds, in the amount of five thousand dollars ($5,000) to the Subrecipient for provision of a
Teen Scene Program through their offices located at 3115 Roosevelt Street, Carlsbad,
California for the period beginning July 1, 2000 and ending June 30, 2001. The Subrecipient
agrees to use all federal funds provided by the City to the Subrecipient pursuant to the
provisions of this Agreement, the Scope of Work, attached hereto as Exhibit “A”, and in
accordance with the terms of the Annual Consolidated Plan.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by
June 30, 2001. If the Subrecipient will be unable to expend all of the funds allocated to the
project by the noted date, the Subrecipient shall request an extension from the City for
continued use of the funds on the approved project based on progress made by the Subrecipient
towards completing the subject project, the City will either agree to grant the extension or
notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow
project progress.
1
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs
related to the provision of services for eligible residents of Carlsbad for the term of this
Agreement. The reimbursements for costs shall not exceed a total of $5,000. However, no
more than 90 percent of the total agreed upon compensation will be paid during the
performance of this Agreement. The balance due (remaining 10 percent) shall be paid upon
final certification by the City that Subrecipient has administered the services and activities in
compliance with all applicable Federal, state, and local rules and regulations governing these
funds, and in a manner satisfactory to the City.
Payment for eligible expenses shall be made in accordance to budget information provided in
Exhibit “B” and in accordance with performance. Subrecipient represents that the budget
includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds
pursuant to 24 CFR Part 502.
Subrecipient shall submit a “Request for Reimbursement” to the City for compensation of
eligible and actual expenses incurred. The City shall not provide any payments/reimbursements
in advance of actual expenditures by the Subrecipient. Subrecipient may request
reimbursements anytime after this agreement is approved by the City Council and continue
until the expiration date, or amended expiration date, of this agreement.
Each request for reimbursement shall include documentation to verify expenditure of funds are
consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with
all applicable Federal, state, and local rules and regulations governing these funds. Payroll
records, receipts, paid invoices including an itemized statement of all costs are samples of
appropriate methods of reimbursement documentation.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct
result of the use of federal CDBG funds for the program outlined within this agreement. All
reported program income may be retained by the Subrecipient for costs related to the subject
program activities. However, the program income, retained by the Subrecipient, must be
expended before additional funds are requested from the City. The requirements are set forth
in the federal regulations Section 570.504 which are incorporated herein by reference.
4. LABOR. MATERIALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary
to provide the subject program as outlined in this agreement. Under this agreement, the City’s
only financial obligation to the Subrecipient is to provide the CDBG funds of $5,000 maximum
as allocated by the City Council for program year 2000-2001.
5. RECORDS AND REPORTS
The Subrecipient shall maintain all records required by the Federal regulations specified in 24
CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such
records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
2
b.
C.
d.
e.
f.
85
h.
Records demonstrating each activity undertaken meets on of the National Objectives of the
CDBG program;
Records required to determine the eligibility of activities;
Records demonstrating compliance with Section 570.505 regarding change of use of real
property acquired or improved with CDBG assistance;
Records demonstrating compliance with the requirements in Section 570.606 regarding
acquisition, displacement, relocation, and replacement housing;
Records documenting compliance with the fair housing and equal opportunity components
of the CDBG program;
Documentation of all CDBG funds received from the City, eligible expenses incurred for
administration of each activity, and other financial records as required by 24 CFR Part
570.502, and OMB Circular A-l 10; and,
Any other related records as the City shall require to demonstrate compliance with
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly ‘Progress Reports” within fifteen (15) calendar days of
the end of each quarter for the full term of this Agreement. The final progress report is due no
later than July 15, 2001. The report must include sufficient information to assist the City in
monitoring the Subrecipient’s performance. The Subrecipient must demonstrate satisfactory
performance prior to reimbursement for expenditures.
At a minimum, the performance reports shah include the following information:
a.
b.
C.
Total number of persons/households participating in the program during reported
period;
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad persons/households participating in the
program during the reporting period;
d. Age and ethnic background of Carlsbad participants; and,
e. Summary of program(s) provided to Carlsbad participants.
The Subrecipient shall maintain client data demonstrating client eligibility for services
provided. Such data shall include at the minimum client name, address, ethnicity, income level
or other basis for determining eligibility, and description of service provided. This data shall
assist the Subrecipient in completing the required quarterly progress reports to be submitted to
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG funds
provided by the City. The City, Federal Grantor Agency, Comptroller General of the United
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 the
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 this
agreement for a period of three (3) years after the termination of all activities funded under this
Agreement. All records subject to litigation, claims, audit findings, negotiations, or other
actions must be retained for three (3) years from the date such action commenced or until
completion of the action and resolution of all issues by the appropriate officials and the
Subrecipient has been given official written notice, whichever occurs later.
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,7
If the Subrecipient shall receive more than $300,000 in total federal funds in one fiscal year
from the City of Carlsbad and/or any other city or agency, the Subrecipient is required to
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient
shall be required to submit, to the City, a comprehensive financial audit prepared by an
independent, neutral third-party auditor. The audit shall cover financial operations of the
Subrecipient for the term of this Agreement and is due not later than one year after expiration
of the agreement. The Subrecipient shall also be required to submit a second audit for the
following period covered under fiscal year beginning July 1, 2001 and ending June 30, 2002
for any funds received in fiscal year 2000-2001 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the Housing and Urban Development regulations concerning
Community Development Block Grants). The Subrecipient also agrees to adhere to the terms
of the City’s CDBG Application and Subrecipient Agreement and with assurances and
agreements made, by the City, to the United States Department of Housing and Urban
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as
described in Section 570.502 of the federal regulations for the CDBG Program; the federal
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 and
regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively
furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and
acquisition, and employment and contracting opportunities, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as described
in Section 570.604; and
b. The Subrecipient will not assume the City’s responsibility for initiating the review
process required under the provisions of 24 Code of Federal Regulations Part 52.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as
a condition of this agreement.
The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by
religious organizations, if applicable to this agreement and the approved project outlined
herein.
7. 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 funds
following approval of this agreement, a written request must be submitted to the City for
review by the Council. No change in use of the CDBG funds will be permitted by the City
without prior formal approval by the Council.
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8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the
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, this
agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s)
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this
agreement.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds
on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
funds. The Subrecipient shall be required to use any real property under the Subrecipient’s
control that was acquired or improved in whole or in part with CDBG funds in excess of
$25,000 to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal
regulations until five (5) years after expiration of the agreement; or,
b) Disposed of in a manner that results in the City being reimbursed in the amount of the
current fair market value of the property less any portion of the value attributable to
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.
11. HOLD 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 for
personal injuries or death caused by, or claimed to have been caused by, or resulting from, any
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 officers
and employees against any of the foregoing liabilities or claims of any kind and any cost/and
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.
.
13.
14.
SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, “Hold Harmless
Agreement,” all terms, conditions, and provisions hereof shall insure to and shall bind each of
the parties hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or other
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a
combined policy of worker’s compensation and employers liability insurance from an insurance
company authorized to do business in the State of California which meets the requirements of
City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars
($l,OOO,OOO) each, nl u ess 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 canceled
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
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 of
the day and year first written above.
BOYS AND GIRLS CLUB OF CARLSBAD, a non-profit corporation,
e State of California
ATTEST: \
w M. WO D, City Clerk
P APqOVED AS TO FORM: L . c3p3cc/ Of
RONLD R. BALL, City Attorney
EXlHIBT “A”
CXTY OF CARLSBAD
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SCOPE OF WORK
Contract Term: July 1, 2000 to June 30,200l
Subrecipient Name:
Address:
BOYS AND GIRLS CLUB OF CARLSBAD
3 115 Roosevelt Street, Carlsbad CA 92008
Project Description: Operation of a Teen Scene Program for youth from lower income Carlsbad
households.
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 description
outlined and in conformance with the Federal regulations for the CDBG program: (Please specify if
CDBGfundr will be used to fund costs associated with stz-@zg, rents, utilities, supplies. etc.)
CDBG funds will be used primarily to offset staffing costs associated with the Teen Scene Program.
2. Project objectives to be accomplished during the contract period: (Please describe the specific services or
activities to be provided to low/&rate income Gulsbad residents with the CDBG funds awarded. If applicable, please
provide a target objective for the number of persons#zouseholok to benej?tfrom the Subrecipient’s services/project.)
The primary objective of the Teen Scene Program is to provide a safe haven where teens can
participate in an array of programs targeted at building positive life skills. Programs are offered in the
areas of education, sociahzation, athletics, arts and crafts, and recreation. All programs are designed
to assist teens in decision making, conflict resolution, tolerance, empowerment and leadership
development.
Activities are directed by professionally trained staff who offer guidance and direction for over 150
teens.
3. Project objectives performance measures:
a. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopment
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 in
meeting established goals, to the City of Carlsbad Housing and Redevelopment Department
within 15 days of termination of the contract date on the CDBG Annual Performance Report
form as provided.
d. Provide notification to the City of any audits or investigations including results, findings,
and/or liens.
7
EXHIBIT “B”
CITY OF CARLSBAD
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BUDGET
Contract Term: July 1, 2000 to June 30,200l
Subrecipient Name:
Address :
BOYS AND GIRLS CLUB OF CARLSBAD
3 115 Roosevelt Street, Carlsbad CA 92008
Project Description: Operation of a Teen Scene Program for youth from lower income Carlsbad
households.
The total $5,000 grant amount will be used as reimbursement for staffing costs.
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
BOYS AND GIRLS CLUB OF CARLSBAD FOR 2000-2001
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 23rd day of October
2000 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as
“City”, and BOYS AND GIRLS CLUB OF CARLSBAD, a non-profit corporation, hereinafter
referred to as ’ Subrecipient”.
RECITALS
WHEREAS, the City has applied for and received funds from the United States Government
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as
amended to fund eligible activities which benefit persons of low and moderate income; and,
WHEREAS, the City has the need to provide assistance to non-profit public service providers
who offer shelter or services to homeless or near homeless persons/families or counseling and self-
improvement programs/activities for lower income Carlsbad residents; and,
WHEREAS, the Subrecipient can provide these basic services for low and moderate income
households with some assistance from the City; and,
WHEREAS, the City has determined that services offered by Boys and Girls Club of Carlsbad
are exempt from environmental review under 24 CPR Part 58, Section 58.34(a)(4); and,
WHEREAS, the U.S. Department of Housing and Urban Development has approved the
City’s Annual Consolidated Plan for Community Development Block Grant funds (hereinafter referred
to as the “Annual Consolidated Plan”).
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated 2000-2001 federal Community Development Block Grant (CDBG)
funds, in the amount of five thousand dollars ($5,000) to the Subrecipient for provision of a
Teen Scene Program through their offices located at 3115 Roosevelt Street, Carlsbad,
California for the period beginning July 1, 2000 and ending June 30, 2001. The Subrecipient
agrees to use all federal funds provided by the City to the Subrecipient pursuant to the
provisions of this Agreement, the Scope of Work, attached hereto as Exhibit “A”, and in
accordance with the terms of the Annual Consolidated Plan.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by
June 30, 2001. If the Subrecipient will be unable to expend all of the funds allocated to the
project by the noted date, the Subrecipient shall request an extension from the City for
continued use of the funds on the approved project based on progress made by the Subrecipient
towards completing the subject project, the City will either agree to grant the extension or
notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow
project progress.
1
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs
related to the provision of services for eligible residents of Carlsbad for the term of this
Agreement. The reimbursements for costs shall not exceed a total of $5,000. However, no
more than 90 percent of the total agreed upon compensation will be paid during the
performance of this Agreement. The balance due (remaining 10 percent) shall be paid upon
final certification by the City that Subrecipient has administered the services and activities in
compliance with all applicable Federal, state, and local rules and regulations governing these
funds, and in a manner satisfactory to the City.
Payment for eligible expenses shall be made in accordance to budget information provided in
Exhibit “B” and in accordance with performance. Subrecipient represents that the budget
includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds
pursuant to 24 CFR Part 502.
Subrecipient shall submit a “Request for Reimbursement” to the City for compensation of
eligible and actual expenses incurred. The City shall not provide any payments/reimbursements
in advance of actual expenditures by the Subrecipient. Subrecipient may request
reimbursements anytime after this agreement is approved by the City Council and continue
until the expiration date, or amended expiration date, of this agreement.
Each request for reimbursement shall include documentation to verify expenditure of funds are
consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with
all applicable Federal, state, and local rules and regulations governing these funds. Payroll
records, receipts, paid invoices including an itemized statement of all costs are samples of
appropriate methods of reimbursement documentation.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct
result of the use of federal CDBG funds for the program outlined within this agreement. All
reported program income may be retained by the Subrecipient for costs related to the subject
program activities. However, the program income, retained by the Subrecipient, must be
expended before additional funds are requested from the City. The requirements are set forth
in the federal regulations Section 570.504 which are incorporated herein by reference.
4. LABOR, MATERIALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary
to provide the subject program as outlined in this agreement. Under this agreement, the City’s
only financial obligation to the Subrecipient is to provide the CDBG funds of $5,000 maximum
as allocated by the City Council for program year 2000-2001.
5, RECORDS AND REPORTS
The Subrecipient shall maintain all records required by the Federal regulations specified in 24
CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such
records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
2
b. Records demonstrating each activity undertaken meets on of the National Objectives of the
CDBG program;
c. Records required to determine the eligibility of activities;
d. Records demonstrating compliance with Section 570.505 regarding change of use of real
property acquired or improved with CDBG assistance;
e. Records demonstrating compliance with the requirements in Section 570.606 regarding
acquisition, displacement, relocation, and replacement housing;
f. Records documenting compliance with the fair housing and equal opportunity components
of the CDBG program;
g. Documentation of all CDBG funds received from the City, eligible expenses incurred for
administration of each activity, and other financial records as required by 24 CFR Part
570.502, and OMB Circular A-l 10; and,
h. Any other related records as the City shall require to demonstrate compliance with
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly “Progress Reports” within fifteen (15) calendar days of
the end of each quarter for the full term of this Agreement. The final progress report is due no
later than July 15, 2001. The report must include sufficient information to assist the City in
monitoring the Subrecipient’s performance. The Subrecipient must demonstrate satisfactory
performance prior to reimbursement for expenditures.
At a minimum, the performance reports shall include the following information:
a.
b.
C.
d.
e.
Total number of persons/households participating in the program during reported
period;
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad persons/households participating in the
program during the reporting period;
Age and ethnic background of Carlsbad participants; and,
Summary of program(s) provided to Carlsbad participants.
The Subrecipient shall maintain client data demonstrating client eligibility for services
provided. Such data shall include at the minimum client name, address, ethnicity, income level
or other basis for determining eligibility, and description of service provided. This data shall
assist the Subrecipient in completing the required quarterly progress reports to be submitted to
the City.
The Subrecipient shall maintain separate accounting records for the federal CDBG funds
provided by the City. The City, Federal Grantor Agency, Comptroller General of the United
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 the
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 this
agreement for a period of three (3) years after the termination of all activities funded under this
Agreement. All records subject to litigation, claims, audit findings, negotiations, or other
actions must be retained for three (3) years from the date such action commenced or until
completion of the action and resolution of all issues by the appropriate officials and the
Subrecipient has been given official written notice, whichever occurs later.
3
,7
If the Subrecipient shall receive more than $300,000 ia total federal funds in one fiscal year
from the City of Carlsbad and/or any other city or agency, the Subrecipient is required to
submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient
shall be required to submit, to the City, a comprehensive financial audit prepared by an
independent, neutral third-party auditor. The audit shall cover financial operations of the
Subrecipient for the term of this Agreement and is due not later than one year after expiration
of the agreement. The Subrecipient shall also be required to submit a second audit for the
following period covered under fiscal year beginning July 1, 2001 and ending June 30, 2002
for any funds received in fiscal year 2000-2001 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the Housing and Urban Development regulations concerning
Community Development Block Grants). The Subrecipient also agrees to adhere to the terms
of the City’s CDBG Application and Subrecipient Agreement and with assurances and
agreements made, by the City, to the United States Department of Housing and Urban
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as
described in Section 570.502 of the federal regulations for the CDBG Program; the federal
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 and
regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively
furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and
acquisition, and employment and contracting opportunities, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as described
in Section 570.604; and
b. The Subrecipient will not assume the City’s responsibility for initiating the review
process required under the provisions of 24 Code of Federal Regulations Part 52.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as
a condition of this agreement.
The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by
religious organizations, if applicable to this agreement and the approved project outlined
herein.
7. 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 funds
following approval of this agreement, a written request must be submitted to the City for
review by the Council. No change in use of the CDBG funds will be permitted by the City
without prior formal approval by the Council.
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8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the
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, this
agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s)
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this
agreement.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds
on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
funds. The Subrecipient shall be required to use any real property under the Subrecipient’s
control that was acquired or improved in whole or in part with CDBG funds in excess of
$25,000 to either be:
a) Used to meet one of the national objectives in 24 CPR Section 570.208 of the federal
regulations until five (5) years after expiration of the agreement; or,
b) Disposed of in a manner that results in the City being reimbursed in the amount of the
current fair market value of the property less any portion of the value attributable to
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.
11. HOLD 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 for
personal injuries or death caused by, or claimed to have been caused by, or resulting from, any
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 officers
and employees against any of the foregoing liabilities or claims of any kind and any cost/and
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.
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13.
14.
SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, “Hold Harmless
Agreement,” all terms, conditions, and provisions hereof shall insure to and shall bind each of
the parties hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or other
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a
combined policy of worker’s compensation and employers liability insurance from an insurance
company authorized to do business in the State of California which meets the requirements of
City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars
($l,OOO,OOO) 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 canceled
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
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 of
the day and year first written above.
BOYS AND GIRLS CLUB OF CARLSBAD, a non-profit corporation,
e State of California
ATTEST: 1
APqOVED AS Tb FORM: A- . w-c/ Of
RONALD R. BALL, City Attorney
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CITY OF CARLSBAD
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SCOPE OF WORK
Contract Term: July 1, 2000 to June 30,2OOl
Subrecipient Name:
Address :
BOYS AND GIRLS CLUB OF CARLSBAD
3115 Roosevelt Street, Carlsbad CA 92008
Project Description: Operation of a Teen Scene Program for youth from lower income Carlsbad
households.
Project Goals & Objectives: (Please Attach AaXtional Sheets As Necessary.)
1. CDBG funds will be used to fund the following activities in compliance with the project description
outlined and in conformance with the Federal regulations for the CDBG program: (Please speclfi if
CDBGW will be used to fund costs associated with sta#ittg, rents, utilities, supplies, etc.)
CDBG funds will be used primarily to offset staffing costs associated with the Teen Scene 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 Carl&ad residents with the CDBG fundF awarded. If applicable, please
provide a target objective for the number of persons/households to benefit from the Subrecipient’s services/project.)
The primary objective of the Teen Scene Program is to provide a safe haven where teens can
participate in an array of programs targeted at building positive life skills. Programs are offered in the
areas of education, socialization, athletics, arts and crafts, and recreation. All programs are designed
to assist teens in decision making, conflict resolution, tolerance, empowerment and leadership
development.
Activities are directed by professionally trained staff who offer guidance and direction for over 150
teens.
3. Project objectives performance measures:
a. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopment
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 in
meeting established goals, to the City of Carlsbad Housing and Redevelopment Department
within 15 days of termination of the contract date on the CDBG Annual Performance Report
form as provided.
d. Provide notification to the City of any audits or investigations including results, findings,
and/or liens.
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EXHIBIT “B”
CITY OF CARLSBAD
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BUDGET
Contract Term: July 1, 2000 to June 30,200l
Subrecipient Name:
Address :
BOYS AND GIRLS CLUB OF CARLSBAD
3115 Roosevelt Street, Carlsbad CA 92008
Project Description: Operation of a Teen Scene Program for youth from lower income Carlsbad
households.
The total $5,000 grant amount will be used as reimbursement for staffing costs.
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