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HomeMy WebLinkAboutContracts & Agreements_15-1991_CCv0001.pdf AGREEMENT BETWEEN THE CITY OF REDLANDS AND THE REL} ISS YWCA THIS AGREEMENT is made and entered into this 2nd day of April 1991, by and between the City Redlands, a municipal corporation ("CITY") and the YWCA of Redlands, a non- profit corporation ("YWCA") . WHEREAS, CITY recognizes the public benefit in providing children from low and moderate-income families who are attending the YWCA Latchkey Day Care Program, with transportation service between school and the Latchkey sites, and for field trip purposes; and WHEREAS, CITY recognizes the public benefit in making available a transportation service to low and moderate-income families within the Redlands area who would like to participate in programs offered by the YWCA but are deprived of that opportunity due to a lack of transportation; and WHEREAS, on April 2, 1991, the City Council of the City of Redlands, after public review, authorized 1991-1992 year Community Development Block Grant (CDBG) funds to provide trans- portation service for children from low and moderate-income families who are attending the YWCA Latchkey Day Care Program; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, and for other good and valuable consideration, it is agreed by the City of Redlands and YWCA as follows: Section 1. YWCA shall make available a safe and decent transportation service ("Latchkey Transportation Service") to children of low and moderate-income families who are attending the YWCA Latchkey Day Care Program. The service shall be in the form of transportation from the children's school to the Latchkey day care sites, and for field trip purposes. Section 2 . As a secondary service to that described in Section 1 above, YWCA shall make available a transportation service to low and moderate-income families within the Redlands area who are participating in programs provided by the YWCA ("secondary service") . The service shall be limited to transporta- tion to and from YWCA Latchkey Day Care sites located at 940 East Colton Avenue and Franklin Elementary School located at 850 East Colton Avenue. Pickup points shall include the Redlands Community Center located at 111 West Lugonia Avenue; Orangewood High School located at 515 Texas Street; Kimberly Elementary School located at 301 West South Avenue; Kingsbury Elementary School located at 600 Cajon; Lugonia Elementary School located at 202 East Pennsylvania Avenue; McKinley Elementary School located at 645 West Olive Avenue; and Smiley Elementary School located at 1210 West Cypress 2 GPS79934 Avenue. The services described in this Section shall be made available only when YWCA is not providing transportation service for the Latchkey Day Care Program. Section 3 . CITY and YWCA agree that the YWCA may provide transportation service as described in Section 1 above, to children attending the Latchkey Day Care Program that are not from low and moderate-income families; provided, however, that during each reporting period at least 51% of the children receiving such transportation service for which YWCA is being compensated under the terms of this Agreement, shall be from low and moderate-income families. Section 4 . YWCA shall submit to CITY a summary statement on the number and percentage of children from low and moderate-income families utilizing the transportation service as described in Section 1 above. YWCA shall submit the summary statement within 30 days after the end of each reporting period. Reporting periods shall cover the following months: September through December; January through March; April through June and July through August. Section 5. YWCA shall maintain detailed records and accounts on the transportation service provided under the terms of this Agreement. Record keeping shall be maintained on a current basis and in a manner that is in accordance with general accepted 3 GPS79934 accounting and record keeping principles and standards. The records shall be maintained in no less than weekly intervals and shall identify users, trips and destinations. The records shall also document the family income of users qualifying as low and moderate-income for the service described in section 1 above. During the duration of this Agreement, YWCA shall permit on-site inspection by CITY and U.S. Department of Housing and Urban Development (HUD) representatives, and assure that its employees and boardmembers furnish any information, as in the judgment of CITY and HUD representatives, may be relevant to a question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. YWCA shall submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by the Director of the CITY's Office of Planning and Community Development or his or her designee. YWCA agrees to make all records required under the terms of this agreement, available for inspection and audit by CITY representa- tives upon request, at any time during a period of five (5) years following the termination of this Agreement. All such records and accounts shall be maintained by YWCA at a location in CITY. Section 6. CITY and YWCA agree to utilize the U.S. Department of Housing and Urban Development Section 8 Income limits for the Riverside-San Bernardino SMSA, as the maximum family income limit when defining low and moderate-income family. CITY shall 4 GPS79934 notify YWCA of the applicable Section 8 Income limit for each year of the term of this agreement. Section 7 . CITY shall purchase, through the CITY's Purchasing- Department, a 12-15 passenger van ("Van") , completely equipped with proper safety features as specified in California Department of Motor Vehicle regulations for Youth Bus Carrier HPH 82 . 8 , to loan to YWCA to provide transportation service as described in Sections 1 and 2 above, for the duration of this Agreement. Section 8 . YWCA agrees to perform the transportation service as described in Sections 1 and 2 above during the duration of this Agreement which shall be in effect for one year from the date of its execution. This agreement may be automatically extended in one year increments, at the written request of YWCA and upon written approval by the CITY. The request shall be delivered to the CITY at least thirty (30) days prior to the expiration of the then current term. Section 9. Ownership of the Van shall remain vested in CITY. CITY shall be the legal owner and YWCA shall be the registered owner with the California Department of Motor Vehicles. YWCA shall make and continuously maintain identification numbers, at least two and one-half inch by one inch in size, on the Van so as to permit Van to be identified and recorded (i.e. , vehicle 5 GP 79934 doorjamb) . YWCA may place other signs, decals, or other emblems on the Van during the term of this Agreement. Section 10. YWCA shall maintain formal accountability records for all of the Van's equipment with the exception of attached equipment costing less than $1, 000 at the time of transfer to YWCA or with an expected useful life of less than five years. The Van shall be made available to CITY at all reasonable times for inventory purposes. Section 11. YWCA, at no cost to CITY, shall be responsible for the proper care, security, repair, maintenance and utilization of the Van to assure its continued use as contemplated herein. Should the Van become lost, stolen, worn out, no longer serviceable or no longer needed, YWCA shall so notify CITY. Upon receipt of such notice, CITY may, at its option, terminate this Agreement and retake possession of the Van or authorize YWCA to retain or dispose of the Van. In the event the Van is damaged or otherwise rendered unavailable for its purposes intended hereunder and it is clearly established that such damage or otherwise unavailability occurred while in or as a result of a use other than that provided in Sections 1 and 2 above, then CITY shall have the right to retake the Van or to assess YWCA for damages up to the value of such equipment as established by CITY immediately prior to such damage or unavailability. 6 GPS79934 Section 12 . Upon termination of this Agreement for any reason, the Van and its accessories shall be returned to CITY in the same condition as when loaned to YWCA, normal wear and tear excepted. Section 13 . YWCA shall establish or procure, and shall maintain throughout the term of this Agreement, a primary business automobile liability insurance policy with an insurance company or companies approved by CITY, for the benefit of the YWCA and CITY. The limits of liability on such policy shall not be less than $1, 000,000 combined single limits for bodily and property damage. CITY shall be named as additional insured. The minimum limit of liability required by CITY may be increased according to CITY policy upon written notice by CITY to YWCA. (a) YWCA shall, prior to commencement of services under this Agreement, furnish CITY with properly executed certifi- cates of insurance and, if requested by CITY, certified copies of endorsements and policies, which clearly evidence all insurance required under this Agreement and provide that such insurance shall not be canceled, allowed to expire or be materially reduced in coverage, except on 30 days' prior written notice to CITY. 7 GPS79934 (b) YWCA shall pay any and all premiums or other expenses arising in connection with the furnishing of the insurance required herein. (c) The insurance required by this Section shall be primary with respect to CITY and non-contributing to any insurance or self-insurance maintained by CITY. Section 14 . YWCA shall defend, indemnify, save and hold harmless CITY, its elected officials, officers, agents, and employees against any and all claims, demands, causes of action, or liability of any kind whatsoever arising out of the acts or omissions of YWCA, its agents, officials and employees in the performance of any function provided for under the terms of this Agreement. Section 15. All parties agree to be bound by applicable federal, state, and local laws, ordinances, regulations, and directives as they pertain to the performance of this Agree- ment. This Agreement is subject to and incorporates the terms of the Housing and Community Development Act of 1974, as amended in 1983 ; 24 Code of Federal Regulations, Part 570, U.S. Office of Management and Budget Circulars A-87, and A-102. Section 16. YWCA shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for 8 GPS79934 minorities and women. In addition, YWCA shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or as a result of this program. Section 17. This Agreement is not assignable by YWCA without the express written consent of CITY. Any attempt by YWCA to assign any performance of the terms of this Agreement shall be null and void and shall constitute a material breach hereof. Section 18. This Agreement may be terminated by either party after giving written notice to the other party at least sixty (60) days in advance of the date of such termination. Section 19. YWCA shall not assign, sublease, hypothecate or otherwise transfer any property loaned to YWCA pursuant to this Agreement except in accordance with the prior written approval of CITY. Any violation of this prohibition shall be construed to constitute a material breach hereof. Section 20. No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in the Program conducted pursuant to this Agreement. 9 GPS79934 Section 21. The parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, joint ventures, or associates of one another. The employees or agents of one party shall not be deemed or construed to be the agent or employees of the other party for any purpose whatsoever. Section 22 . This Agreement represents the entire agreement of the parties hereto as to the matters contained herein. Any additions or variations of the terms of this Agreement shall not be valid unless made in the form of a written amendment to this Agreement formally approved and executed by both parties. Section 23 . All notices shall be in writing by certified mail by United States Postal Service. Notices to CITY and YWCA shall be sent to the following address: CITY YWCA City of Redlands YWCA of Redlands Office of Planning and 16 Olive Avenue Community Development Redlands, CA 92373 2 Redlands Plaza, Suite 15 Redlands, California 92373 Section 24. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing party in such action shall, in addition to costs and other relief, be entitled to its reasonable attorney's fees. - 10 - GPS79934 IN WITNESS WHEREOF, the parties have I agreement to be executed by their respective officit duly authorized. CITY OF REDLANDS YMCA OF RED DS 1-7 By, By. Dated December 23, 199 Title: Dated: By: Title: Dated: ATTEST: Dated: Decer r 23, 1991 GPS79934