HomeMy WebLinkAboutContracts & Agreements_81-2011_CCv0001.pdf CITY OF REDLANDS
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG")
SUBRECIPIENT AGREEMENT
This agreement for CDBG funding ("Agreement") is made and entered into this 7th day
of June, 2011 ("Effective Date"), between the City of Redlands, a California municipal
corporation (hereinafter referred to as "City"') and Boys & Girls Clubs of Redlands, a non-profit
organization (hereinafter referred to as "Subrecipient"). The City and Subrecipient are
sometinies individually referred to herein as a "'Party" and, together, as the, "Parties."
RECITALS
WHEREAS, the Subrecipient operates a program which is an eligible CDBG activity as
specified in Section 570.206 of the CDBO regulations pronrulgated by the United States
Department of Housing and Urban Development ("HUD"); and
WHEREAS, the City and the Subrecipient recognize that the Subrecipient's; prograrn
entitled "Academic Success" (the "Program") is beneficial to the well being of low and moderate
income residents; and
WHEREAS, the Subrecipient proposes to offer the Program to qualified low and
moderate income residents of the City;
NOW, THEREFORE, the City and the Subrecipient, for and in consideration of the
mutual promises contained.herein, agree as follows:
AGREEMENT
Section 1. Scone of Work. The scope of work to be performed for the Program by the
Subrecipient is described in Exhibit "A," attached hereto and incorporated herein by this
reference. The service area of the Subrecipient's Program is limited to the corporate limits of the
City. The Subrecipient shall not make any changes in the scope of work without prior written
authorization from the City. Upon receipt of at request by the Subrecipient, the City's City
Manager, or his authorized designee, may amend the scope of work, provided that such
amendment shall not increase the conipensation or violate Federal regulations.
Section 2. CorjWensatic�n; The City shall pay the Subrecipient a "not-to-exceed" amount
of TwoThousand Five Hundred Dollars ($2,500,00) for fiscal year 2010-2011. The Subrecipient
shall provide the City with quarterly invoices. The City will review the quarterly invoices and
expenditures information submitted by the Subrecipient to determine that the services performed,
and expenditures made, are consistent with this Agreement. The City shall process the invoices
for payment in accordance with its usual manner. Payment will generally be made within thirty
(30) calendar days. Should the City determine that the SUbreciplent has not performed its
obligation as stated in this Agreement in as satisfactory manner, or if the City deterl-nines that
insufficient supporting information has been submitted, the City shall notify the Subrecipient in
writinc, of its determination specifying in detail the objections which it has to the Subrecipient's
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performance or expenses and the additional information needed to process [lie invoice, as
applicable.
Section 3. Period of Reimbursement. It is the intent of the City in entering into this
Agreement to acknowledge that the funds expended by the Subrecipient in the performance of its
Program, from and after June 7, Cpl 1, shall be eligible for reirnbursenient pursuant to this
Agreerrient.
Section 4. Records and Repo!ts.
A. The Subrecipient shall keep all appropriate records on Program participants to
determine their initial and continuing eligibility for the Program services being provided by the
Subrecipient.
B. The Subrecipient shall prepare and submit quarterly reports regarding Program
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accornplishrnents to assist the City in meeting its record keeping and reporting requirements, as
may be mandated by HUD from time to time.
C. The Subrecipient shall make available to the City all. books and records relating to
the Program supported by funds paid pursuant to this Agreement, and take all such actions as
may be necessary to protect the right of the City to examine and audit all said books and records
including but not limited to, work data, documents, proceedings, and activities related to=this
Agreement for a period of five (5) years from the date of final payment under this Agreement.
The Subrecipient shall maintain said records in a manner which will indicate actual time and
allowable costs with respect to all work performed hereunder as requiredby the City and Federal
regulations.
Section 5. Insurance. The Subrecipient, shall neither (1) commence work under this
Agreement until it has obtained all insurance's required hereunder in a company or companies
acceptable to the City, nor (2) allow any subcontractor to commence work on a subcontract for
the Program until all insurance required of the subcontractor has been obtained. The
Subrecipient shall take out and maintain at all times during the terms of this Agreement the
following policies of insurance:
A. Worker's Compensation Insurance. The Subrecipient shall furnish to the City a
copy of its policy of insurance as proof that it has taken out full worker's compensation
insurance for all persons who it may employ directly or through subcontractors in carrying out
the Program, in accordance with the laws of the State of California. In accordance with the
provisions of California Labor Code Section 3700., every employer shall secure the payment of
compensation to his employees. The Subrecipient shall sign and file with the City a certification
as follows:
"41 ani aware of the provisions in Section 3700 of the Labor Code which requires every
employer to be insured against liability for workers compensation or to undertake self insurance
in accordance with the provisions of that Code, and I will comply with such provisions of that
Code, and I will comply with such provisions before commencing the performance of the
Program described in this Agreement."
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& Comprehensive General Liability Insurance, Throughout the term of this
Agreement, at Subrecipient's sole cost and expense, the Subrecipient shall keep, or cause to be
kept, in full force and effect, for the rilutual benefit of the City and Subrecipient against claims
and liabilities for personal, injury, death, or property damage arising frorn Subrecipient's
activities, a policy of liability insurance, Minimum coverage of one million dollars (S1,000,000)
per occurrence and two million dollars ($2,000,000) aggregate for public liability, property
damage and personalin
C� jury is required. The City shall be named as art additional insured and the
insurance policy shall include as provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City, Such insurance shall be primary and non-
contributing to any insurance or self-insurance maintained by tile City. Certificates of insurance
and endorsements shall be delivered to the City prior to cornmencement of the Program.
C: Business Auto Liability Insurance, Throughout the term of this Agreement,
Subrecipient shall maintain business auto liability coverage, with minimurn limits of one million
($1,000,000) per occurrence, combined single limit for bodily injury liability and property
damage liability. This coverage shall include all Subrecipient owned vehicles used to conduct
Subrecipient activities, hired and non-owned vehicles, and employee non-ownership vehicles.
The City shall be narned as an additional insured and as certificate of insurance shall be delivered
to the City prior to commencement of the Program.
D. General Insurance Requirements, All insurance required by this Agreement shall
be carried only with responsible insurance companies licensed and admitted to do business in the
State of California and policies required under subsections B and C of this Section 5 shall flame
as additional insureds the City, its, elected officials, officers, employees, and agents. All policies
shall contain language, to the effect that, (1) the insurer waives the right of subrogation against
the City and the City's officials, officers, employees, and agents; (2) the policies are primary and
non-contributing with any insurance that may be carried by the City; and (3) they cannot be
canceled or materially changed except after thirty (30) days' prior notice by the insurer to the
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City by certified mail. Allsuch policies shall be amended or endorsed to add the City and its
officers, agents, representatives and employees as additional named insureds. Subrecipient shall
furnish the City with copies of all such policies and endorsements promptly upon receipt of
them. A "Certificate of Insurance" showing the additional narned insureds kind other
aforementioned provisions shall not be adequate,
Section 6. Cqtnpliance Ivith Federal Law�, The Subrecipient shall comply with all
applicable administrative requirements described in the Federal Register, Title 24 CFR,. Part
570.5021 (the "Regulations"), The Subrecipient shall, carry out its activities in compliance with
all Federal Laws and regulations described in Subpart K of the Regulations, except, for
environmental responsibilities and responsibility for initiating the review process.
Section 7. Use of Funds for E rite rtain ment Meals or Gifts. The Subrecipientshall not
use funds provided pursuant to this Agreement, to pay for entertain rilent, meals of-gifts.
Section 8, Non-Discrimination.
A. The SUbrecipient shall comply with Executive Order 11246 which requires that
during the performance of this Agreement, the Subrecipient shall not discriminate against any
employee or applicant for employment because of race, religion, sex, color or national origin,
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Such action shall include, but not be limited to the following: employment, upgrading, demotion,
or transfer, rates of' pay or other forms of compensation, and selection for training. including
apprenticeship. The Subrecipient shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Subrecipient setting forth the
provisions of this nondiscrimination clause.
B. The Sub-recipient shall comply with Title VI of' the Civil Rights Act of 1964
which provides that no person shall, on the ground of race, color or national origin, be excluded
from participation in, be deniedthe benefits of, or be subject to discrimination under any
program of activity receiving federal financial assistance.
C. No person shall, on the grounds of race, sex, creed, color, religion, marital, status,
national origin. age, sexual orientation, or physical or mental handicap be excluded from
participation in, be refused the benefits of, or otherwise be subject to discrimination in any
activities., programs or employment supported by this Agreement. The Sub-recipient is
prohibited from discriminationon the basis of age or with respect, to an otherwise qualified
handicapped person as provided for under Section 109 of the Housing and Community
Development Act of 1974, as amended.
D. The Sub-recipient shall comply with the Age Discrimination Act of 1975 which
requires that, during the performance of this Agreement, Sub-recipient shall not discriminate
against any employee or applicant for employment because of age. Such action shall include,
but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. The Sub-
recipient shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Sub-recipient setting forth the provisions of this age
discrimination clause.
E. The Subrecipient shall comply with Section 504 of the Rehabilitation Act of 1973
which requires that no otherwise qualified individual with a disability in the United States, as
defined in section 706 (20) of this title, shall, solely by reason of his or her disability, be
excluded from the participation in, be denied the benefits of, or he subjected to discrimination
under any program or activity receiving Federal financial assistance or under any prograrn or
activity conducted by any Executive agency or by the United States Postal Service.
Section 9. Religious Proselytizing or Political Activity. The Subrecipient shall not
perform or permit any religious proselytizing or political activities in connection with its
performance under this Agreement, Subrecipient shall not discriminate against any person
applying from such public services on the basis of religion and will not limit such services or
give preference to persons on the, basis of religion; and (1) it will provide no religious instruction
or counseling, conduct no religious worship or services. engaging in no religious proselytizing.,
and exert no other religious influence in the provision such public services; and (2) the, portion of
a facility used to provide public services assisted in whole or in part Under this Agreement shall
contain no sectarian or religious symbols.
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Section 10, Certification Regarding Lo, bying. The Subrecipient certifies, to the best of
its knowledge and belief, that:
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A. No federal appropriated funds have been paid or will be paid, by or on behalf of
the Subrecipient, to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, an of or employee of Congress in connection wit tile
awarding of any Federal contract, the rnaking of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative, agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence any officer or employee of any agency, a
member of Congress, and officer or employee of Congress, or any employee of a member of
Congress,
Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report,
Lobbying" in accordance withits instructions.
C. The Subrecipient shall require that the language of this certification be included in
the award documents for all sub-award,-, at all. tiers (including subcontractors, sub-grants, and
contracts under grants, loans, and cooperative agreements), and the Subrecipient shall take all
actions necessary to ensure that all Subrecipients shall similarly certify and disclose accordingly.
Section I I. Conflict of Interest. The Subrecipient certifies that no member, officer or
employee of the Subrecipient is an officer or employee of the City or member of any of its
boards, commissions or committees or has any interest or holdings, which could be affected by
any actions taken in execution of this Agreement.
Section 12. Contract Lim ngcage. In the course of conducting the Program under this
Agreement, the Subrecipient, its agents and employees, shall be bound by and comply with all
applicable Federal, state and local laws and regulations.
Section 13. Section 3 of the Housing and Community,JQ�evejo�ment Act of 1968. The
Sub-recipient shall make every effort to provide, training opportunities for low- and moderate
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income persons residing within the community where the Program is located and contracts
awarded to local businesses therein, to the greatest extent feasible as required under the
provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations set
forth in 124CFRI35, and all applicable rules and orders issued hereunder prior to the execution of
this Agreement. Compliance with the foregoing requirements shall be a condition of the Federal
financial assistance provided under this Agreement and binding on the Sub-recipient. Failure to
fulfill these requirements shall subject tile Sub-recipient, and its successors and assignees, to
those sanctions specified through which Federal assistance is provided. The Sub-recipient
certifies and agrees that no contractual or other disability exists which would prevent compliance
with these requirements. Tile Sub-recipient shall make every effortto ensure that all pro jccts
funded wholly or in part by CDBG funds shall provide equal employment opportunities for
minorities and women,
Section 14, Amendment. This Agreement may be amended or modified only by written
agreement signed by the Parties, and the failure on the part of any Party to enforce any provision
of this Agreement shall not be construed as a waiver of the right to Compel enforcement Of Such
provision or other provisions by Such Party.
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Section 15. Changes in Grant Allocation. The City reserves the right to reduce the grant
allocation to the Subrecipient when the City's fiscal monitoring indicates that the Subrecipient's
rate of expenditures will result in unspent funds at the end of the program year. Changes in the
grant allocation will be rnade after consultation with the Subrecipient.
Section 16, Termination and Suspension. Ili accordance with Federal law, suspension or
termination of this Agreement may occur if the Subrecipient materially fails to comply with any
of the terms of this Aoxcement. This Agreement may be terminated by tile City or Subrecipient
upon the giving of as written "Notice of Termination- Oct least thirty (30) days prior to the date of
termination specified in said Notice. Suspension or termination may occur if the Subrecipient
materially fails to comply with the scope of work described in Exhibit "A." In the event this
Agreement is terminated, Subrecipient shall be compensated on a pro rata basis with respect to
the percentage of the Program completed as of the date of termination. In no event, however,
shall Subrecipient receive more than the maximum specified compensation in this Agreement,
Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the City all
CI BG funds on hand at the time of expirationitermination and any accounts receivable
attributable to the use of CDBG funds.
Section 17. Joint Funding. For prograrns in which there are sources of funds received by
Subrecipient from, the private sector in addition to HUD/CDBG funds, the Subrecipient shall
provide proof of such funding to City upon receipt of such funds, The City shall not pay for any
servi ces provided by the Subrecipient, which are,funded by other sources. All restrictions and/or,
requirements provided in this Agreement relative to accounting, budgeting, and reporting apply
to the total program regardless of funding sources.
A. The United States of America through BUD may in the future place programmatic of
fiscal limitations on CI BG funds not presently anticipated. Accordingly, the City reserves the
right to amend this Agreement in order to take account of actions affecting HUD program
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funding. In the event of funding reduction, the City may reduce all or part of the budget and
compensation payable to the Subrecipient under this Agreement, and may, at its sole discretion,
hrnit the Subrecipient's authority to commit and spend funds, and may restrict Subrecipient's use
of both its uncommitted and its unspent funds. Where HUD has directed or requested the City to
implement a reduction in funding, with respect to funding for this Agreement., the City Manager
or his designee, may act for the City in implementing and effecting such as reduction by
amending this Agreement for Such put-pose.
13, Tile City's City Manager or his designee, may act for the City in suspending the
operation this Agreement for up to sixty (60) days, upon three (3) calendar day's written notice
to Subrecipient.- In no event, however,,, shall any revision be made by the City which affects
expenditures and legally binding comnlittrients made by Subrecipient before it received notice of
such amendment, provided that such amounts have been committed in good faith, are otherwise
allowable and are consistent with HUD cash withdrawal guidelines.
Section 18. Indemnification. The Subrecipient shall indemnify, defend and hold
harnfless the City and the City's RedeVelOpTlient Agency, and their respective elected and
appointed officials, officers, agents, employees, and consultants, front all liability, from loss,
damage or injury to persons or property, including the payment by Subrecipient of any and all
legal costs and attorneys" fees, in any manner arising Out of or incidental to the performance by
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the Subrecipient of this A-feement, including, but not limited to, all consequential damages to
the rnaxiniurn extent permitted by law.
Section 19, Assignment. No assignment of the Agreement or of any part of obligation of
performance hereunder shall be made, either in whole or in part, by Subrecipient without the
prior written consent of the City.
Section 20. Governin2 Law. The laws of the State of California shall govern the rights,
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obligations, duties and liabilities of the Parties and shall also govern the interpretation of this
Agreement.
Section 21. Attorneys' Fees. If any action at law or in equity, including an action for
declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the
prevailing Party shall be entitled to its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party, and all costs of the action, which may be set by the Court in the same
action or in a separate action brought for that purpose, in addition to any other relief to which the
Parties tnay be entitled.
Section 22. Entire AgFreement. This Agreement represents the entire agreement between
the City and Subrecipient and supersedes all prior negotiations, representations or agreements,
either written or oral, with respect to the subject inatter hereof.
Section 23. Term of Agreement. This Agreement shall commence on its Effective Date
and terminate on June 30, 2011, unless extended, amended or otherwise terminated as provided
for herein,
Section 24. Notices. Any and all notices, demands, invoices, and written
communications between the parties hereto shall be addressed and set forth in this paragraph,
The below narned individuals, furthermore, shall be those persons primarily responsible for the
performance by the parties under this Agreement.,
City Representative:
Janet Miller, Redevelopment Project Manager
Development Services Department
City of Redlands
210 E. Citrus Avenue
Redlands. CA 92373
Subrecipient Representative.,
P.T. McEwen
CPO
Boys & Girls Clubs of Redlands
1251 Clay St.
Redlands, CA 92374
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CITY SUBRECIPIENT
Pete Aguilar P.T. McEwen
Mayor Boys &Girls Clubs of Redlands
ATTEST
Sam Irwin
City Clerk
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EXHIBIT "All
Agency: Boys & Girls Club of Redlands
Project Title: Academic Success 10-11
Year: 2010-2011 Project Number: 2010-03
Agency Type: Public Agency Service
Beginning Contract Date- June 7, 2011 Ending Contract Date: June 30, '2011
Budget: S 2,500.00 Carry Over Amt.: 0.00
Ali "bilit .
Priority Need: Matrix Code:
Public Service 05D Youth Services
Specific Objectives:
Improve the services for low/mod income persons
Eligibility Citation: National Objective:
5 70.2 10(e) LMC 570.208(a)(2)(i)(B)
The following individuals and/or agencies will be implementing this project:
P.T. McEwen
Chief Professional Officer
Boys & Girls Club of Redlands
1251 Clay St.
Redlands, CA 92374
(909) 798-4599, ext. 205
The Bovs & Girls Club of Redlands will provide resources. tutoring and guidance necessary to
youth aged to to 18 years to complete their homework assignments and focusing on those in need
of motivation and direction. This program will benefit low- and moderate-i it come persons.
CDBG funds inay be used to pay for a portion of the direct salary of personnel irnplernenting the
Power Hour program.
Proposed Goal: 380 People
Special Provisions:
The following are special provisions that are required as a condition of receiving Cottimunity
Development Block Grant (CDBG) funds. Failure to comply with these requirements may lead to
possible findings, a breach of the agreement, and/or the repayment of the funds received tinder this
agreement.
,
Special ~ "Operating--Department" °
costs charged to the CDBG Program; 2) Records documenting procurement of goods and
services-, 3) Contracts for goods or services; 3) Lease or Rental. Agreenients; 4) Invoices-, 5)
Billing Statements; 6) Cancelled Checks; 7) Tiniecards signed by employees and supervisors; 8)
Personnel Authorization Records; 9) Payroll Reuisters; 10) Payroll Tax Records, 11) Bank
Statements; 12) Bank Reconciliations; and 13) Documentation to support the allocation of costs.
By signing below, I acknowledge that I have read and understand all elf the special conditions listed
ahove. Furthermrare, I acknowledge that if I fail to comply with, the conditions listed, the U.S.
Department of Housing and Urban Development (HUD) andlor the City may require the repayment
of the funds received and(or forfeit receiving future Communi�v Development Block Grant (CDBG)
funds.
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P.T. McEwen Date
Aareement Termination - Director Orci responded to Mayor Pro Tern Foster's
question regardingg, assurances for next year, On motion of Mayor Pro Tem
Foster, seconded by Counciluienrber Gardner, the City Council unanimously
approved termination of a 2010-2011 Community Development Block Grant
(CDBG) Subrecipient Agreement between the City of Redlands and Developing
Aging Solutions with Heart for failure to comply with terms, of the agreement
and approved reprogramming the CG funds associated with the
agreement among five other public service agencies within Redlands.
Wii tern_,_Rental - On motion of Mayor Pro Tern Foster, seconded by
Councilmember Gardner, the City, Council unanimously approved and agreement
between the City of Redlands and San Bernardi-no County for use of two Wii
systems for use at the Community Senior Center,
Concert Fundraiser - On motion of Mayor Pro Tern Foster, seconded by
Councilmember Gardner, the City Council unanimously approved authorizing
Dan Damon Music Productions to present a music concert fundraiser at the,
Redlands Bowl to raise donations for the City's Recreation and Senior Services
Programs and to waive fees for the event,
Fee ewer Reqqest - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gardner, the City Council unanimously approved a request from
the Redlands 4th of July Committee to 'waive all fees and perso imel costs
associated with the 4th of July Celebration in Redlands.
Water AnqJv,-6s Equipment - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gardner, the City Council unanimously approved the purchase
of an ion chromatography instrument in the amount of$75,401,37,
,Resolutions No. 7040,_70.41 7044 and 7045 - Street Lighting District No.I and
Landscape Mait e ge strjcLIN - On motion of Mayor ProTem, Foster,
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seconded by Council ember Gardner, the City Council unanimously approved
Resolutions No. 7040 and 7044 respectively giving preliminary approval of the
Engineer's Reports for Street Lighting District No, I and Landscape
Maintenance District No. 1, and Resolutions No. 7041 and 7045 respectively
declaring the City Council's intention to levy and collect assessments for FY
2011-2012 in the Street Lighting District No, I and the Landscape Maintenance
District No. 1,
ABC Grain - On motion of Mayor Pro Tem,Foster, seconded by Counciftnernber
Gardner, the City Council unanimously agreed to accept at Department of
Alcoholic Beverage Control (ABC) grant for local law enforcement agencies and
authorized an additional appropriation of S-2-5,000 to the Police Department,
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him 7. 2011
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