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HomeMy WebLinkAboutContracts & Agreements_247-2005_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 20th day of December,2005,by and between the City of Redlands,a municipal corporation(hereinafter"City")and the Redlands Community Music Association (hereinafter "Contractor) and supersedes the Agreement executed on November 1, 2005. RECITALS WHEREAS, Contractor has expressed an interest in developing and conducting Childrens' Summer Performing Arts Programs for the City of Redlands for the 2005-2006 Community Development Block Grant program year; and WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise similar to others in the industry conducting Childrens' Performing Arts Programs; NOW,THEREFORE,in consideration of the mutual promises contained herein,the City and Contractor hereby agree as follows: AGREEMENT Section 1. Services. A. City hereby authorizes Contractor to develop and conduct performing art programs primarily for low- and moderate-income children living in Redlands and the surrounding area of Bryn Mawr. B. The programs will be held at five(5)different elementary schools within the Redlands Unified School District — Franklin Elementary (850 E. Colton Aenue), Lugonia Elementary (202 East Pennsylvania Avenue), Victoria Elementary (1505 Richardson Street), Kingsbury Elementary (600 Cajon Street)and Bryn Mawr Elementary(11680 S. Whittier Blvd.,Loma Linda). C. As compensation for conducting the Childrens' Summer Performing Arts Programs, City shall reimburse the contractor for all administrative, entertainment and advertising expense directly associated with the program. The total reimbursement shall not exceed $5,050.00, D. Contractor shall submit to City a complete record of the services performed, including, but not limited to: copies of invoices, agreements, payroll expenses, administrative records, advertisements, and backup materials. A detailed accounting of the services performed,person(s)performing services CADOCUMENTS AND SETTINGS\USER\W DOCUMENTS\GRANT 11FO\CDBG\2006\2006-2007 RCMA AGREEMENT FINAL.DOC and cost breakdown shall also be provided to the City. Administration and personnel records shall be available for examination by the City. E. Contractor shall submit to City, with each request for reimbursement, documentation that at least 5 1%of the students attending each of the selected schools have qualified for federal assistance under CDBG regulations by meeting the minimum requirements and qualifying for the federally- subsidized State "Free/Reduced Lunch Program". The Monthly Program Progress/Direct Benefit Reports(Exhibit B)must be submitted to the County for each month that CDBG reimbursement is requested. The units of service must be reported on Part II: Monthly Program Progress Report. A unit of service is defined as one student attending one performance. RCMA Will provide a measurable outcome with quantifiable results for the duration of this contract. The measurable outcome will be recorded on Part 11: Monthly Direct Benefit Report and will consist of the number of unduplicated first- time clients (students) who attend the RCMA programs. Copies of all submitted forms must be retained in Contractor's records for a minimum period of three(3)years from December 6, 2005. F. Contractor shall comply with requirements listed in 24 CFR 570.503 including: Agreement with Subrecipients; Statement of Work;Records and Reports; Program Income; Uniform Administrative Requirements; other Program Requirements;Conditions for Religious Organizations;Suspension and Termination; Reversion of Assets. Section 2. Independent Contractor. It is the express intention of the parties hereto that Contractor is an independent contractor and not an employee or agent of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing a relationship of employer and employee between Contractor and City. Both parties acknowledge that Contractor is not an employee for State tax, Federal tax or any other purpose. Section 3. Contractors Employees. A listing of all Contractor's employees and agents who may participate in the performance of Contractor's obligations hereunder is attached hereto as Exhibit"C"and incorporated herein by this reference. No other employees or agents of Contractor shall participate in the performance of services hereunder without the prior written consent of City. Section 4. Termination. City shall have the right to terminate this Agreement, with or without cause,upon twenty(20)day's prior written notice to Contractor. City shall have no liability for any claims or damages resulting to Contractor as a result of any exercise by City of its right to terminate this Agreement. Section 5. Hold Harmless and Indemnification. Contractor shall defend,indemnify and hold City, its elected officials, officers,employees and agents harmless from and against any and all actions, damages, losses, causes of action and liability of any nature C:\DOCUMENTS AND SETTINGS\USER\MY DOCUMENTS\GRANT IPFO\CDBG\2006\2006-2007 RCMA AGREEMENT FINAL.DOC imposed or claimed relating to the injury or death of any person or damage to any property, including attorneys' fees and other legal expenses, arising directly or indirectly from any act or omission of Contractor in performing its services hereunder. Section 6. Insurance. A. General Liability Insurance Contractor shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance covering all Children's Summer Workshops developed and conducted by Contractor under this Agreement, with carriers acceptable to City. Minimum coverage of one million dollars($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured and the insurance policy shall include a 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 City. Certificates of insurance and endorsements shall be delivered to City within fifteen(15)days of execution of this Agreement,or prior to commencement of work, whichever occurs first. B. Workers'Compensation and Employees Liability_ I. Contractor shall have Workers' Compensation and Employer's Liability insurance in force throughout the duration of the Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written notice to City. Certificates of Insurance shall be delivered to City within fifteen (15) days of execution of Agreement, or prior to commencement of work, whichever occurs first. 2. Contractor expressly waives all rights to subrogation against the City, its officers,employees and volunteers for losses arising from work performed by Contractor for City by expressly waiving Contractor's immunity fo injuries to Contractor's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City,its agents and employees. To the extend any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless is valid and C:\DOCUMENTS AND SETTINGS\USER\MY DOCUMENTS\GRANT T3FO\CDHG1200612006-2007 RCMA AGREEMENT FINAL.DDC enforceable only to the extent of the negligence of Contractor, its officers, agents and employees. Section 7. Entire Agreement/Modification. This Agreement represents the entire Agreement of the parties hereto as to the matters contained herein. Any modification of this Agreement will be effective only if it is in writing and signed by the parties hereto. Section 8. Assignment. This Agreement shall not be assigned without the prior written consent of City. Any assignment, or attempted assignment, without such prior written consent, shall be null and void and, at the option of City, result in the immediate termination of this Agreement. Section 9. AttoMey's Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement,the prevailing party shall, in addition to any costs or other relief, be entitled to recover its reasonable attorneys' fees. Executed this 20th day of December 2005. City of Redlands Date: December 20, 2005 Ma 7/1 Jon Harrison Attest: I rie/Poyzer, CjtyClqik onn C;tY of Redlands-/ Redlands Community Music Association IIIL— Date: Beverly N- o-err\, ,IYxecutive Director C:\DOCUMENTS AND SETTINGS\USER\14Y DOCUMENTS\GRANT T4FO\CDBG\2006\2006-2007 RCMA AGREEMENT FINAL.DOC ATTACH 'T A - REQUEST TO INITIATE PRO, T/ACTIVITY PROJECT NUMBER: 111-20627 DATE OF ORIGINAL ISSUE: 8/1/95 CASE NUMBER: 1234 ORIGINAL: REVISION#: 12 TARGET AREA: Redlands DATE OF REVISION: Pursuant to the terms of the Delegate Agency Agreement between the Department of Community Development and Housing(CDH) and the City of Redlands, dated 07/01/03, CDH hereby requests that the following project/activity be initiated. There will be no changes in Project/Activity Title, Activity Budget (Attachment A) or in the Activity Description (Attachment B) without written approval of the Director of the Department of Community Development and Housing. PROJECT/ACTIVITY TITLE: Redlands: Cultural Education Program–Community Music Association ACTIVITY LOCATION: TOTAL PROJECT FUNDING: $__39,193 111 W. Lugonia Ave. CITY CDBG ALLOCATION Redlands,CA 92374 RELEASED: $ 39,193 CITY CDBG FUNDS EXPENDED DATE OF RELEASE OF FUNDS: 7/25/05 AS OF:6/30/05 $ 34,143 SCHEDULE OF CITY CDBG ALLOCATION: BALANCE OF FUNDS AVAILABLE: $—. 5,050 Years 1-25 Year 26 Year 27 Year 28 Year 29 Year 30 Year 31 Act# Act#2223 Act#2865 Act# 3411 Act#3775 Act#4138 Act# TOTAL OF (75-2000) (2000-01) (2001-02) .(2002-03) (2003-04) (2004-05) f2005-06) 31 YEARS $15,041 $ 5,200 $ 5,500 $5,000 $ 1,132 $2,270 $ 5,050 $ $ 39,193 MAINTENANCE AND OPERATION BUDGET/AGREEMENT: The City of Redlands will enter into a new contract with the Redlands Community Music Association for FY 2005-2006. OTHER PERTINENT INFORMATION:Revision#12 adds an additional$5,050 in City CDBG funds for the 2005-2006 program year and revises Exhibits I and 2 to require documentation of low-and moderate-income clientele based on School Free or Reduced Price Meals data. Any unspent funds remaining in this project after 7/30/06 will be reprogrammed. ACCEPTANCE OF REQUEST TO INITIATE PROJECT/ACTIVITY I hereby acknowledge the receipt of the Request to Initiate the above Project/Activity and agree to implement the activity described in Attachment B (Project/Activity Description) in accordance with the above Allocation and Balance of Funds Available subject to necessary approvals of the Board of Supervisors. The proposed budget for this project is as follows: LAND ACQUISITION: -0- PURCHASE OF EQUIPMENT: $ -0- STAFF COST RELATED CONSTRUCTION COST: $ -0- TO LAND ACQUISITION: $ -0- CITY STAFF COST: -0- DESIGN: -0- CONTINGENCY: $ -0- CONSULTANT SERVICES: 5,050 TOTAL CITY CDBG ALLOCATION AVAILABLE: $_ 5,050 IMPLEMEN WING TY: CJ,it of of Redlands DATE SIGNATURE: TITLE COUNTY OF SAN BERNARDIN6 DIRECTOR DATE: Ai iG_ =�� D tPARTME O COMMUNITY DEVELOPI'VIENT AND HOUSING 1234AW12-NIK.doe ATTR `MENT B -PROJECTIACTIVITY DEi tIPTION PROJECT NUMBER 111-20627 DATE'OTZ ORIGINAL ISSUE: $11195 CASE NUMBER: 1234 ORIGINAL: REVISION#: 12 TARGET AREA: Redlands DATE OF REVISION: LU"( PROJECT/ACTIVITY TITLE: Redlands: Cultural Education Program—Community Music Association ACTIVITY LOCATION: 111 W. Lugonia Avenue, Redlands,CA 92374 TIME OF PERFORMANCE: July 1, 2005 to June 30, 2006 ACTIVITY DESCRIPTION: The City of Redlands will contract with the Redlands Community Music Association(ROMA) to present performing art programs primarily for low-and moderate-income children living in Redlands and the surrounding area of Bryn Mawr. The programs will be held at five(5)different elementary schools within the Redlands Unified School District-Franklin Elementary(850 E.Colton Avenue), Lugonia Elementary (202 East Pennsylvania Avenue), Victoria Elementary (1505 Richardson Street), Kinsbury Elementary(600 Cajon St.)and Bryn Mawr Elementary(11680 S.Whittier Blvd.,Loma Linda). At least fifty-one percent(51%) of the students attending each of the selected schools have qualified for federal assistance under CDBG regulations by meeting the minimum requirements and qualifying for the federally-subsidized State "Free/Reduced Lunch Program". The Department of Community Development and Housing will reimburse the City of Redlands in an amount not to exceed the "CDBG Allocation Released"on the Attachment A for the services necessary to implement this program. Federal,State,County and City rules and regulations will apply. The Redlands Community Music Association shall sign a contract with the City of Redlands addressing the scope of service and the terms and conditions. The contract shall remain in effect during the period that the services are provided for which CDBG funds will be requested for reimbursement. The contract with Redlands Community Music Association shall comply with requirements listed in 24 CFR 570.503 including:Agreements with Subrecipients;Statement of Work;Records and Reports;Program Income; Uniform Administrative Requirements; Other Program Requirements; Conditions for Religious Organizations; Suspension and Termination;Reversion of Assets. In addition, the Redlands Community Music Association shall comply with all applicable regulations listed in the City-County Delegate Agency Agreement,#03-762,Attachment C,Section IV. City shall maintain monthly program reports and records on the services provided. CDBG funds cannot be used for entertainment,gifts or fund-raising activities. Reimbursement expenditures must be appropriately documented. City shall comply with conflict of interest provisions and shall not exclude any persons from funded programs on the grounds of race,sex,creed,color,religion or national origin. The Monthly Prograin ProgresstDirect Benefit Reports(Exhibits I and 2) must be submitted to the County for each month that CDBG reimbursement is requested. The units of service must be reported on Part II:Monthly Program Progress Report, Exhibit 2 of 2. A unit of service is defined as one student attending one performance. RCMA will provide a measurable outcome with quantifiable results for the duration of this contract. The measurable outcome will be recorded on Part II:Monthly Direct Benefit Report(Exhibit 2 of 2) and will consist of the number of unduplicated first-time clients(students) who attend the RCMA programs. The City of Redlands will submit a final Request for Reimbursement for the program year no later than July 21,2006. Note:After July 31,2006,any balance remaining in this account will be reprogrammed. IMPLEMENTING CITY: City of Redlands �- D h7 SIGNATURE TITLE DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING AUG 2 Sp :.10 DIR CTOR DATE 1234Abr12-Mx, EXfUBIT 1 of 2 COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DETMOPMENT AND HOUSING PMLect/Activity Title: Case Number: 111-20627/1234 Redlands: Cultural Education Program—Community Music Association Name/Address,of,Contractor,Agency: Date of Issue: Redlands Community Music Association P.O. Box 466 Original: Beginning Redlands, CA 92373 _X Amendment#12 MONTHLY PROGRAM PROGRESS REPORT For the Month of 200_ PART 1: MONTHLY PROGRAM PROGRESS REPORT The RCMA will present performing arts programs at five (5) elementary schools within city of Redlands and the surrounding area of Bryn Mawr. The schools identified serve children from primarily low- and moderate-income households. According to the California Department of Education, at least fifty-one percent (5 1%) of the students attending these schools have qualified for Federal Assistance by meeting the minimum requirements and qualifying for the federally subsidized State"Free/Reduced Lunch Program.": FREE/ REDUCED TOTAL DISTRICT SCHOOL MEALS _ENROLLMENTS % Redlands Franklin Elementary 543 801 68 Lugonia Elementary 648 743 87 Victoria Elementary 527 590 89 Kingsbury Elementary 364 587 62 Bryn Mawr Elementary 499 895 56 For each program presented, ROMA will document the number of children who attended and the school name: # of Date: Children: Name of Qualifying School: EXhii)IT 2 of 2 ' COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING Project/Activity Title: Case Number: 111-20627/1234 Redlands: Cultural Education Program—Community Music Association Name/Address of Contractor Agency: Date of Issue: Redlands Community Music Association P.O. Box 466 Original: Beginning Redlands, CA 92373 X Amendment#12 MONTHLY PROGRAM PROGRESS AND DIRECT BENEFIT REPORT For the Month of -, 200_ PART 11: MONTHLY PROGRAM PROGRESS REPORT A. Units of Service Provided and Description Under each type of service listed below, summarize what your program has accomplished during this month. type Include number of persons served and services/benefits provided. Also report the number of"Units of Service" provided. Type of Service: Units of Service 1.Performing Art Program: Goal/mo.:— Actual/mo.: (A student attending one performance equals one(1) unit of service) B.Monthly Beneficiary Count(may include individual persons or households previously counted during this grant/program year Total number of beneficiaries (clients/participants) served this month (choose one catej!ory ons): Persons (#of P) Households (#of H) PART III: DIRECT BENEFIT REPORT Direct Benefit Statistics(Unduplicated first-time client counts since start of contract; taken from Beneficiary Qualification Statement forms) Enter the number of first-time program beneficiaries directly assisted this month Count only as: R Individual Persons or M Households(check one box) Low-Income(only): Low-and Moderate-Income All Beneficiaries*: Racial Identity Categories Non- Non Hispanic Hispanic Hispanic Hispanic (d) White American Indian/Alaskan Native&White Black/African American Asian&White Asian Black/African American&White American Indian/Alaskan Native Amer. Indian/Alaskan Native&Black/African Amer Native Hawaiian/Other Pacific Islander Balance/Other *Grand Total of Racial Identity Categories. Sum of columns a,b,c,and d should equal the"All Beneficiaries"total above. Female Headed Households: Signed Title Date Printed Name Telephone No./Ext,