HomeMy WebLinkAboutContracts & Agreements_241-2006_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 7th day of November,2006("Effective
Date"), by and between the City of Redlands, a municipal corporation ("City") and the
Redlands Community Music Association("Contractoe'). City and Contractor are sometimes
individually referred to herein as a"Party"and, together, as the"Parties."
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting
Childrens' Summer Performing Arts Programs for City for the 2006-2007 Community
Development Block Grant program year; and I
WHEREAS, Contractor has represented to City that it has the requisite experience,
knowledge and expertise similar to others in the industry conducting Childrens' Performing
Arts Programs;
NOW,THEREFORE,in consideration of the mutual promises contained herein,City
and Contractor agree as follows:
AGREEMENT
Section 1. Services. Contractor shall develop and conduct performing art programs
primarily for low-and moderate-income children living in Redlands and the surrounding area
of Bryn Mawr (the "Services"). Services shall be held at three (3) different elementary
schools within the Redlands Unified School District—Franklin Elementary(850 E. Colton
Avenue),Lugonia Elementary(202 East Pennsylvania Avenue)and Bryn Mawr Elementary
(11680 S. Whittier Blvd., Loma Linda).
Section 2. Compensation. As compensation for conducting the Childrens' Summer
Performing Arts Programs, City shall reimburse Contractor for all administrative,
entertainment and advertising expense directly associated with the program in an amount not
to exceed $5,000.00.
Section!. Records.
A. Contractor shall submit to City a complete record of the Services perform-ed,
including, but not limited to: copies of invoices, agreements, payroll expenses,
administrative records. advertisements and backup materials. A detailed
accounting of the Services performed, the persons performing the Sen ices and
cost break-do-,,k-n shall also be provided to City. Administration and personnel
records of Contractor shall be available for examination by City.
DJM\Agree'I,RCMA Agreement Program Year 2006-071
B. Contractor shall submit to City. with each request for reirnbursement,
documentation that at least 51% of the Students attendim-, each of the selected
schools have qualified for federal assistance under CDBG regulations by meeting
the minimum requirements of,and qualifying for,the federally-subsidized vState
"Free/Reduced Lunch Program."The Monthly Program Progress/Direct Benefit
Reports (attached as Exhibit "B") shall be submitted to the County for each
month that CDBG reimbursement is requested. The units of service shall be
reported on Part II: Monthly Program Progress Report. A unit of service is
defined as one student attending one performance. Contractor shall provide a
measurable outcome with quantifiable results for the duration of this Agreement.
The measurable outcome shall be recorded on Part 11: Monthly Direct Benefit
Report and shall consist of the number of unduplicated first-time clients
(students)who attend Contractor's programs.Copies of all submitted forms shall
be retained in Contractor's records for a minimum period of three(3)years from
the Effective Date of this Agreement.
C. Contractor shall comply with the requirements of 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 4. Independent Contractor. It is the express intention of the Parties 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. The Parties agree that
Contractor is not an employee for State tax, Federal tax or any other purpose.
Section 5. Contractor's Employees. A listing of 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 the Services without
the prior written consent of City.
Section 6. Termination. City shall have the right to terminate this Agreement, with or
without cause, upon twenty(20)days' 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 I of its right to terminate this Agreement.
City
Section 7. 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 imposed or claimed relating to the'injury or death of any person or damage to
any property, including attorneys' fees, arising from any act or omission of
Contractor in performing the Services.
WNT'Agree'RCN4A Agreement Program Year 2006-07
Section 8. 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 prior to commencement of the Services.
B. Workers' Compensation and Employer's Liability
(i) Contractor shall maintain 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 and endorsements shall
be delivered to City prior to commencement of the Services.
(ii) Contractor expressly waives all rights to subrogation against City, its
officers,employees and volunteers for losses arising from work performed by
Contractor for City by expressly waiving Contractor's immunity for 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.
Section 9. Entire.,Agreementli%4odification. This Agreement represents the entire agreement
of the Parties as to the matters contained herein. Any modification of this Agreement
shall be effective only if it is in writing and signed by the Parties.
Section 10. 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.
DJM\1Aoree\RCMA Agreement Program Fear 2006-o7
Section 11. Attorney'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
anv costs or other relief. be entitled to recover its reasonable attorneys' fees,
I
including fees for in-house counsel of the Parties.
Executed this 7th day of November 2006,
City of Redlands
A
Ma r
Attest:
Logic Poyzer. Wit it kl(rk
C/
Cite of Redlands
Redlands Community Music Association
Date:
DA.fAaree\R(AIA Aurecment Program Year-1006-07
ATTACHMENT A-REQUEST TO INITIATE PROJECT/ACTIVITY
PROJECT NUMBER: 1 1 1-20627 DATE OF ORIGINAL ISSUE: 8/1/95
CASE NUMBER: 1234 ORIGINAL: REVISION r1r: 13
TARGET AREA: Redlands DATE OF REVISION: AUG
Pursuant to the terms of the Delegate Agency Agreement between the Department of Community Development and Housing(CDH)
and the Citv of Redlands, dated 06/13,106, 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: $ 41,943
111 W. Lugonia Ave. CITY CDBG ALLOCATION
Redlands, CA 92374 RELEASED: $ 41,943
CITY CDBG FUNDS EXPENDED
AS OF: 07/211/06 S 36,943
DATE OF RELEASE OF FUNDS: 07/11/06
BALANCE OF FUNDS AVAILABLE: $ 5,000
SCHEDULE OF CITY CDBG ALLOCATION:
Years 1-28 Year 29 Year 30 Year 31 Year 32 Year 33 Year 34
Act# Act#3775 Act#4138 Act#4485 Act# Act# Act# TOTAL OF
(75-2003) (2003-04) L2004-05) 52005-06- (2006-07) (2007-08) (2008-09) 34 YEARS
$30,741 $1,132 $2,270 $2,800 $5,000 $ 0 $ 0 $41,943
MAINTENANCE AND OPERATION BUDGET/AGREEMENT: The City of Redlands will enter into a new contract with the
Redlands Community Music Association for FY 2006-2007.
OTHER PERTINENT INFORMATION: Revision#13 adds an additional$5,000 in City CDBG funds for the 2006-2007 program
year. Any unspent funds remaining in this project after 07/30/07 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: $ J)
DESIGN: -0- CONTINGENCY: $ -0-
CONSULTANT SERVICES: $ 5,000
TOTAL CITY CDBG ALLOCATION AVAILABLE: $ 5,000
7
IMPLEMENTING W 'n Y: City of DATE: e7
-
SIGNATURE: –IlLoe:ljj�, 4LTITLE: ?---6
COtiINTY OF SAN BEFNARDfN0
AUG
rNTTERIM DIRECTOR
DEPAkfK'IENT,bF COMMUNITY DEVELOPMENT AND HOUSING
1234'A&B Rn, 13
o7/25/06/Wicb
ATTACHMENT B - PROJECT/ACTIVITY DESCRIPTION
PROJECT NUMBER: 111-20627 DATE OF ORIGINAL ISSUE: 81/95
CASE]\-,t TMBER: 1234 ORIGINAL: REVISION?'-: 13
J_
TARGET AREA: Redlands DATE OF REVISION: AUG 0 1
PROJECT/.ACTIVITY TITLE: Redlands: Cultural Education Program—Community Music Association
ACTIVITY LOCATION: 111 W. Lugonia Avenue,Redlands, CA 9237 4
TIME OF PERFORMANCE: July 1, 2006 to June 30, 2007
ACTIVITY DESCRIPTION:
The City of Redlands will contract with the Redlands Community Music Association(RCMA)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 three(3)different
elementary schools within the Redlands Unified School District-Franklin Elementary(850 E. Colton Avenue),Lugonia Elementary(202 East
Pennsylvania Avenue), 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,#06-528,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 Program Progress/Direct Benefit Report (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 IL Monthly Program Progress Report, Exhibit2 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 11:jVonth1v 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 21,2007 Note:After July 31,2007,
any balance remaining in this account will be reprogrammed.
IMPLEMENTING CITY:
1—N
City of Redlands I I'll"
Yee__Y
SIGNATURE TITLE
DEPARTMENT OF COMMIJ-1`41TY DEVELOPMENT AND HOUSING
AV G 0,
INTERIM DIREC OR DATE
1234 A&B Rek, 11 3
07;25!06iPv1K/Cb
EXHIBIT I of 2
COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
EKqject=Activity Title: Case Number: 111-20627.1/1')34
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#13
MONTHLY PROGRAM PROGRESS REPORT
For the Month of— 9 200_
PART 1: MONTHLY PROGRAM PROGRESS REPORT
The RCMA will present performing arts programs at three (3) 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
Lugoma Elementary 648 743 87
Bryn Mawr Elementary 499 895 56
For each program presented, RCMA will document the number of children who attended and the school name:
Date: #of Children: Name of Qualifying School:
1234 A&B Rev 1'
Date: #of Children: '.Mame of Qualifvin School:
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Siped _ Tale Date
Print;dame Tei. ?umber Ext.
1234 A&B Rei13
"-il 11-,1R 1ay/—L
EXHIBIT 2uf2___~
COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
Pro ect/A Case Number: 111-20627/1234
Redlands: Cultural Education Program—Community Music Association
Name/Address of Contractor Aj�enc : Date of Issue:
Redlands Community Music Association
P.[). Box 46h Original: Beginning
Redlands, CAu2373 X _Amendment#l3
MONTHLY PROGRAM PROGRESS AND DIRECT BENEFIT REPORT For the Month of ,200__
PART 1: MONTHLY PROGRAM PROGRESS REPORT
A. Units nfService Provided and Description
Under each type of service listed below,summarize what your program has accomplished during this month. Include location,number nf
persons served,services/benefits provided,and a description of the clients served. Also report the number of"Units nfService"provided,
modefined inthe Project/Activity Description(Exhibit lofthe ug7eomenV.
TyReoof Service: Anticipated Units of Service:
L Goal/mo.: 3^008LActu^|hno.:
(Each student attending one(l)performance equals
one(l)unit ofocmicu.)
B. Monthly Beneficiary Count(otay include individualpersons or households previously counted during this grant1prograin}ear)
Total number ufbeneficiaries(^limnm/purticipamts)served this month :
#ufPersons OR #nfHouseholds
PART B: DIRECT BENEFIT REPORT
Direct Benefit Statistics taken from Beneficiary Qualification Statement
forms)
Enter the number offirst-time program tcn=ficimieadirectly assisted this month
Couutoo\y as: R Individual Pm,00um or [] Households(check one box)
Low'7xcvrm(�glv): Low-and Moderate-Income(Kombined): All Beneficiaries:
Racial Identity Categories Non- Non-
Hispanic Hispanic 8ixpuuiu Hispanic
(u) (h) . («) (d)
White American Indian/Alaskan Native&White
8|ock/AfricunAmorican Asian&/White
Asian B1unk/AGcunAnuriumm 6iWhite
American Indian/Alaskan Native Amer. Indian/Alaskan Native& African Amer.
Native Hawaiian/Other Pacific Islander Bu|uoodOthnr
Grand Total ufRuoio| |denh/yCetucorics. Sum vfcolumns m.b`c`and JShould equal the"All Bcscficiurir»''total above: —^
Fcnia{eHeaded Households:
________�
Signed Tale Date
Prin/"dN:mc Te|ephonuNo./Ex|,
Exhibit for RCIVIA Music in the Schools Program
Employees are:
Beverly Noerr, Executive Director
Jerri Graham, Office Manager
Contractors:
State Street Ballet of Santa Barbara