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HomeMy WebLinkAboutContracts & Agreements_191-2006_CCv0001.pdf AGREEMENT TO PROVIDE GRANT FUNDING TO THE CITY OF REDLANDS COOL CENTER PROJECT This Agreement is made and entered into this I st day of August, 2006, by and between the City of Redlands, a municipal corporation (hereinafter "City") and Operation Grace hereinafter("OG"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and OG hereby agree as follows: 1.1 Term of Grant. This Grant for the sum of Six Thousand Nine-Hundred dollars ($6,900) shall be paid by OG to City and be effective on August 1, 2006 and terminate on or before September 30, 2006. City understands that OG has no obligation to pay for expenses incurred or services performed by City prior to the execution of this Agreement by all the required signatories. No expenses incurred before the date of the agreement will be honored. Agreement may be earlier terminated by City or by Southern California Edison request. 1.2 Use of Funds. Funds must be used by City strictly in accordance with the terms of this Agreement including the Grant Purposes, the Project Objectives and Project Budget (Attachments to this Agreement). No adjustments or changes to the Project Objectives or Budget may be made without prior written approval by OG or its authorized representative. Under no circumstance will City receive funds greater than the "Grant Amount"set forth on page 1. 2.0 Meetings. In addition to the goals and objectives stated herein, City agrees that at least one staff member who is responsible for managing the project will attend scheduled City meetings. A schedule of training sessions and regional meetings will be provided by OG. 2.0 Payment Schedule. 3.1 OG shall pay City up to three (3) payments between August I and September 30, 2006 (normally 40%, 40% and 20%) grant payments will not be paid until each subsequent payment had been entirely used. OG is serving solely as a grantor and disbursement agent with regard to this agreement and to that end has established a separate account into which all monies received by OG for the purposes of this Agreement will be deposited by participating companies as required by the CPUC. Grant payments will only be made by OG upon authorization only if there are sufficient funds in the OG account. 3.2 Grant payments are addressed to the City as Payee, unless shown differently above. City shall receive its awarded grant in up to 3 payments, 40%. 40% and 20% installments from OG. Payment of installments will be made 'within 15 working days of receipt of report or soon after OG receives payments from Southern California Edison. 3.3 Conditions of PUment: The initial grant payment shall be made upon the execution of the grant agreement by both OG and City. Subsequent payments will be made upon receipt and approval of required monthly reports, invoices, and receipts. OG may, on CPUC, Southern California Edison instructions, defer, reschedule, or cancel future payments, if the project is not making reasonable progress toward meeting its stated objectives as set forth in this Agreement, or if City is not otherwise in compliance with other terms or conditions in this Agreement. Where applicable reimbursements will be made with proof of receipts, invoices of bills according to the attached budget, some items indicated will be solely paid to OG (Such as administrative or payroll line items) or they may be shared by City and OG(such as Education). Such items will be identified in writing between City and OG. Settlement of monies owed to City or due to City will be made after the final report is turned in to Southern California Edison by OG for all of its Cool Centers. 3.4 Reversion. Any funds not expended for the purpose agreed to by OG, including any unspent balance at the conclusion of the grant period, must be returned to OG. City agrees that it shall convey back to OG any equipment or property purchased with grant funds if the nature of its use is diverted from the purposes for which the grant was made or if City organization ceases operations. 41.0 Reporting Schedules. City agrees to provide OG with monthly reports, including invoices and applicable receipts on September 5, for the month of August 2006, October 5, 2006 for the month of September. 5.0 Project Goal, Objectives and Budget. The parties agree that the Goals, Objectives and Budget for the grant agreement are attached hereto and incorporated herein by the reference as Exhibits "A"& "B"respectively. 6.0 Notices. All contractual notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows: CITY OF REDLANDS OPERATION GRACE Attention: Denny Sattler Attention: Pastor Jeffery Morehead City of Redlands, Senior Community Center Operation Grace I 11 W. Lugonia Avenue 1595 E. Art Townsend Dr. P.O. Box 3005 (mailing) San Bernardino, CA 92408 Redlands, CA 92373 Phone: (909) 382-8540 Phone: (909) 798-7572 1!�� Fax: (909) 311812,-1-1815-14422 Fax: E-mail:E-mail: Dsattleredlandspofi�ce-or � E 2 7.0 Hold HarmlessAgreement. 7.1. City hereby agrees to defend, indemnify and hold harmless OG, Southern California Edison and the CPUC each of them, and their respective officers, directors, trustees, employees and agents from and against any and all claims, liabilities, losses, and expenses (including reasonable attorney's fees) directly, wholly or partially arising from or in connection with this Grant Agreement, the application of funds furnished pursuant to such a grant, the program or project funded or financed by such grant or in any way relating to the subject of this Grant Agreement. This paragraph shall survive the termination of this Agreement. 7.2 OG shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from and against all claims, losses, damages, charges, or expense, to which it or any of them may be put or subjected to the extent that they arise out of or result from any willful or negligent act or actions, omission or furniture to act on the part of the OG, its contractors, its suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services. 8.0 Insurance. During the grant period City shall maintain self-insurance, liability insurance in the amount of $1,000,000.00. If using vehicles to support this program with transportation services, vehicle liability insurance shall be maintained and provided for inspection. Proof of self-insurance will be provided to OG. 9.0 Public Acknowledgement. In materials and presentations resulting from the use of these funds or developed for activities authorized under this Grant, City agrees to provide statements acknowledging CPUC for authorizing this program. City also agrees to acknowledge the CPUC when any program or project results in a service, product, performance,or other tangible outcome made possible because of this grant. 10.0 Non-Discrimination. City agrees that in the performance of the Agreement it will not unlawfully discriminate in its employment practices, volunteer opportunities, or the delivery of programs or services, on the basis of race, color, religion, gender, national origin, disability, ancestry, age, medical condition, veteran status, marital status, sexual orientation, or any other specially protected class by law. 11.0 Access to the Disabled. City shall make the reasonable efforts to make the programs and facilities used for client services provided under the terms of this Agreement physically accessible to handicapped and disabled persons. 3 12.0 Authorized representatives. The authorized representatives of OG, for the purposes of grant administration, are the Director of his designee. The authorized representative shall have sole authority to determine if City's services are satisfactory and for authorizing grant payments to City. The authorized representative shall also be the primary contact for any questions or concerns City may have regarding this grant. City's authorized representative shall be the City contact person named above. 13.0 Ownership of Materials and Intellectual. Property Rights. City may develop or modify existing consumer education materials provided by the CPUC or Southern California Edison on electric restructuring to meet the needs of their particular target population, provided, however, that City shall submit such materials to OG for approval prior to public use of dissemination. City will use due diligence in ascertaining that any materials created, modified or implemented do not infringe on any trademark, copyright, patent or intellectual property right(s). City will hold OG, Southern California Edison and the CPUC harmless if such an event occurs. 13.1 Consumer education material development or modified with funds provided by this grant is considered public information. City agrees to provide OG, the CPUC and all representatives of the same with full access, except to the extent specifically prohibited by applicable law, to any and all information developed in connection with or arising from the activities founded by this grant. City authorized OG and the CPUC to use, reproduce or publish, free of charge or royalty, any and all such work, products, including but not limited to advertisements, brochures, teaching aids, reports, budgets, copyrighted materials other data created under this grant. 13.2 City is encouraged to continue using and disseminating consumer education materials after this grant expires. Any modifications to existing materials must be approved by the CPUC. Any subsequent development or derivation of materials not in existence during the grant period shall not be attributed to OG, Southern California Edison or the CPUC. 14.0 Cooperation, Coordination and Collaboration. City shall cooperate., coordinate, and collaborate with OG, the CPUC, SCE vendors and consultants and other grantees, as needed, required or requested by OG, Southern California Edison or the CPUC during the term of this grant, to collectively promote and accomplish the overall goals and objectives of this grant. Where appropriate, City shall assist with translation of materials. 15.0 Project Review and Evaluation. City agrees that OG, Southern California Edison, or the CPUC may review and evaluate the project funded by this grant. This may include visits by representatives or agents of OG, Edison and/ or the CPUC to observe City's project operations, to review project data, financial records or corporate records and to discuss the project with City's staff or governing board. �16.0 Reports and Audits. 4 16.1 At all times during the Agreement, City shall maintain accurate and complete books of accounts(s), records and documents of every kind in which all matters relating to the project funded by this Grant, including all income, expenditures, assets and liabilities thereof. City shall keep all such records for at least four years after completion of the use of the grant funds. OG, Edison and/or the CPUC shall have the absolute right at any reasonable time to inspect, copy, and audit any of these materials, except to the extent specifically prohibited by law. 16.2 City agrees to submit monthly progress reports to OG and or CPUC, as follows: A. Monthly Implementation/Progress Report — Narrative report describing implementation and progress being made toward the completion of Grant Objectives. Include such items as monthly mailing lists, event or workshop sign-in sheets, event advertising (such as a flyer), newsletters, and announcements. Monthly reports are due by the 5th day of each month for the prior month's activities. Reports are required prior to future draws of funds. B. Monthly Budget Report financial reports detailing project expenditures in accordance with Grant Budget. This report is due no later than the five days after the last day of the month and should be submitted with the Monthly Progress Report. C. Final Report—Narrative report detailing the outcome and evaluation of project goals and objectives, as stated herein. This report is due no later than October 5, of the current reporting year. D. Delivery of Reports—All reports shall be sent to: Fiscal Support Operation Grace 1595 E. Art Townsend Dr. San Bernardino, CA 92408 Phone: (909) 382-8540 Fax: (.909) 382-8542 16.3 All such reports shall become the property of OG, Southern California Edison and the CPUC. Forms and guidelines for the report will be provided by OG. OG in its discretion may also require an audit of the energy project, which may include the review of programmatic as well as financial records. The expense of any audit required as part of the grant application process. Not withstanding, in the event of any audit that discloses discrepancies between reported results and actual results as disclosed in the audit, City agrees to reimburse OG for costs of such an audit. 17.0 Reporting,of Consumer Abuses. City shall report any and all incidences of potential consumer abuses by electrical service providers to the CPUC. Incidences of abuse shall be included in the monthly reports to OG. 5 18.0 Cancellation. This Grant agreement may be canceled by City ay any time, with or without cause, upon thirty (30) days written notice to OG. The Grantor may cancel this Grant Agreement at any time, by providing written notice to City, if the Grantor finds that there has been a failure to comply with any provision of this Grant Agreement. or that reasonable progress has not been made or that the purpose for which the funds were granted have not been or will not be fulfilled. The Grantor may take action to protect the interest of the Grantor, including the refusal to disburse additional funds and requesting the return of all or part of the funds already disbursed. In the event of cancellation, Grantee shall be entitled to payment, determined on a pro rata basis for work or services satisfactorily performed. Also, in the event of such cancellation OG shall be entitled to repayment, determined on a rata basis of any funds initially advance by OG to City. 19.0 Assignment. City shall neither assign nor transfer any rights or obligations under this Grant Assignment without the prior written consent of the Grantor. 20.0 Amendments. Any amendments to this Grant Agreement shall be in writing and shall be executed by the same parties who execute the original Grant Agreement or their successors in office. 21.0 Jurisdiction and Venue. This Grant Agreement and executed amendments shall be governed by laws of the State of California. 22.0 Other Provisions. None. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered as the date listed below. CIT CrDiL��Ar'S TION GR_ACE 7Z�. :,v Jon4larrison, �fa­yor Yefferpt Morehead August 1, 2006 Ex u ' Director Date at ATTEST: Lorrie,Povzer, City 'l 6 ATTACHMENT"A" SCOPE OF WORK PROJECT GOALS AND OBJECTIVES The goal of this project is to provide Cool Centers to the public for the relief of heat and high electric bills. Cool Centers provide comfortable places for persons to come and sit during peak energy use and high temperatures. Cool Center staff gives participants information on energy rebates, inform them about programs related to energy and interview them about their energy uses. With this information they can be educated on how to lower their energy bills. Where applicable, energy audits can be done on consumers wishing to participate in Cool Center programs. In addition City's objective will be to get people out to their Cool Center by providing activities, snacks and materials needed to create an atmosphere in which people will want to stay at the Cool Center during the peak hour of energy consumption, namely between the hours of 9:00 a.m. and 5:00 p.m. City shall have an information area set aside and staffed to interview participants, a daily sign-in sheet for participants, and materials available for participants to use in energy educations. Staff must attend training sessions when scheduled. Some Cool Centers will be assigned neighborhood outreach permits. This involves public contact outside of the actual Cool Center. Cool Center participants will hand out Edison related materials or sign persons up for low income programs under Edison. 7 "Attachment B" 2006 Cool Center Program Operational Plan Estimated No. of Participants to be served: Daily: 75 Weekly: 375 Monthly: 1500 Agency:Operation Grace Cool Center Location: Redlands Administrative Incremental costs for the following: utilities,janitorial, Cool Center to donate use of insurance,office supplies,rent,bookkeeping, Electricity in the amount of$6,000 photocopying,management oversight,and other toward prefect. miscellaneous administrative expenses. Supplies---------------$1900 Incremental costs are those costs that would not have $4900 Management, bookkeeping, been incurred by the Agency but for the operation of administrative -----_---_$3000 the Cool Center. Exclusions: Capital improvement items such as furniture, appliances,etc.are not covered by this program. Outreach/Education Printing and distribution of informational flyers or Printing and distribution of informational flyers brochures,banners,etc.,for use in providing or brochures,banners,etc.,for use in outreach for the Cool Center;educational workshops providing outreach for the Cool Center; or other assistance to inform Cool Center participants educational workshops or other assistance to about other energy conservation or low-income $3900 inform Cool Center participants about other programs. energy conservation or low-income programs. Note: SCE will provide some materials concerning its other energy efficiency and low-income programs for distribution to Cool Center participants. Transportation Bus passes,vehicle rental,and fuel costs to provide Bus passes,vehicle rental,and fuel costs to transportation for the target populations only. provide transportation for the target Exclusions: Costs to transport participants who are not members $2000 populations only. of the target population or to pay for non-Cool Center vehicle operation,and mileage associated with rental vehicles(unless charges are included in the rental contract),are not covered by this program.