HomeMy WebLinkAboutContracts & Agreements_152-2004_CCv0001.pdf AGREEMENT TO PROVIDE GRANT FUNDING TO THE
CITY OF REDLANDS COOL CENTER PROJECT
This Agreement is made and entered into this 5th day of October, 2004, by and
between the City of Redlands,a municipal corporation(hereinafter ACity @)and Operation
Grace hereinafter (AOG@).
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 19,2004 and terminate on
or before October 31,2004. 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 circumstances 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.
3.0 Pavment Schedule.
3.1 OG shall pay City in up to three (3) payments between August 19 and
October 3,2004(normally 40%,40% and 20%)grant payments will not be made until each
subsequent payment has 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 City as Payee, unless shown differently
above. City shall receive its awarded grant in up to 3 payments, 401, 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 Edison.
3.3 Conditions of Payment- The initial grant payment shall be made upon
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 or 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 into 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.
4.0 Reporting Schedules. City agrees to provide OG with monthly reports, including
invoices and applicable receipts on October 5, 2004 for the month of September and on
November 5, 2004 for the month of October.
5.0 Project Goal, Objectives and Budget. The parties agree that the Goals, Objectives
and Budget for this grant agreement are attached hereto and incorporated herein by
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 OPERATION GRACE
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Attention: Denny Sattler Attention: Jenai Morehead
City of Redlands,Senior Community Center Operation Grace
I-If W. Lugonia Avenue 1595 E. Art Townsend Drive
P.O. Box 3005 (mailing) San Bernardino, CA 92408
Redlands CA 92373 Phone: (909) 382-8540
Phone: (909) 798-7572 FAX: (909) 382-8542
E-mail: Dsattler@redlandspoliqLM E-mail: Imoreh5785@aol.com
7.0 Hold Harmless Agreement
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 failure 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. if using -vehicles to support this program with
transportation services, vehicle liability insurance shall be maintained and provided for
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inspection. Proof of self-insurance will be provided to OG.
9.0 Public Acknowledgment. In materials and presentations resulting from the use of
hese 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 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.
12.0 Authorized Representatives. The authorized representative of OG,for the purposes
of grant administration, is the Director or 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 or 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 OQ Southern California Edison and
the CPUC harmless if such an event occurs.
13.1 Consumer education material developed 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 funded by this grant City authorizes OG and the CPUC to use,reproduce or
publish, free of charge or royalty, any and all such or work products, including but not
limited to advertisements, brochures, teaching aids, reports, budgets, copyrighted
materials or 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
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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.
16.1 At all times during the Agreement,City shall maintain accurate and complete
books of account(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 applicable 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 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 November 5,
of the current reporting year.
D. Delivery of Reports - All reports shall be sent to:
Fiscal Support
Operation Grace
1595 E. Art Townsend Drive
San Bernardino, CA 92408
Phone (909) 382-8540
FAX: (909) 382-835422
16.3 All such reports shall become the property of OG,Southern California Edison
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and the CPUC. Forms and guidelines for the reports will
be rovided bydiscretion may also require an audit of the agency or project, which, ma include In its
review of programmatic as well as financial records. The expense of any y elude the
required
part of the grant application process. Not withstanding, in the event of any audit thatat
discloses discrepancies between reported results and actual results as disclosed in
audit, City agrees to reimburse OG for costs of such an audit. the
17.01 ReportinY of Consumer Abuses. City shall report any and all incidences of potential
consumer abuses by electric service providers to the CPUC. Incidences of abuse shall be
included in the monthly reports to OG.
18.0 Cancellation. This Grant agreement may be canceled by City at an time, with
without cause, upon thirty (30) days written notice to OG. The Grantor a cancel thor
is
Grant Agreement at any time, by providing written notice to Ci y
a.
there has been a failure to comply with any provision of this GranthAgreement,ntor finds that
reasonable progress has not been made or that the purpose for which the fuds 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 re uirin th
return of all or part of the funds already disbursed. q g e
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 an funds
initially advance by OG to City. y
19-0 Assignment. City shall neither assign nor transfer any rights or obli ations unde
this Grant Agreement without the prior written consent of the Grantor. g r
20.0 Amendments. Any amendments to this Grant Agreement shall be in writin.
shall be executed by the same parties who execute the original Grant Agreement o g and
successors in office. their
21.0. Jurisdiction and Venue. This Grant Agreement and executed amendments sha
governed by the laws of the State of California. ti be
22.0 Other Provisions. None.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and delivered as of the date listed below.
CITY REDLAN OPERATION GRACE
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� I
✓ir
-"§usa Peppler, Mayor ,Executive Director
October 5, 2004
Date Date
ATTEST:
Lorfie Po zer, 4 . Clerk
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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 to show how their bills have been lowered since
participating 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 hours of energy consumption,namely between
the hours of 10:00 a.m. and 4:00 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 as staff 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.
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ATTACHMENT "B„
2004 Cool Center Project Budget
I ESTIMATED NO. OF PARTICIPANTS TO BE SERVED:
j DAILY: 75 WEEKLY: 375 1 MONTHLY: 1,500
AGENCY: OPERATION GRACE
COOL CENTER LOCATION: REDLANDS SENIOR CENTER
CATEGORY DESCRIPTION OF BUDGET ACTIVITIES
EXPENDITURES AMOUNT (Please specify the Agency's
(within Category) (Proposed by Agency) planned activities or anticipated
expenditures within each
proposed budget category. If
no budget for a category is
listed,please indicate if another
funding source will be used,or
reasons no budget has been
allocated)
ADMINISTRATIVE Incremental costs for the following:utilities,
OPERATION GRACE janitorial,insurance,office supplies,rent,
bookkeeping,photocopying,management
oversight,and other miscellaneous
administrative expenses.
Operation Grace to do Actual
Incremental costs are those costs that would payroll to do reports,
not have been incurred by the Agency but for bookkeeping.
the operation of the Cool Center.
$2,500
Exclusions: Capital improvement items such
as furniture,appliances,etc,are not covered
by this program,
UTILITIES Proportional electricity cants for actual space $0 Cool Center to donate use of
used for Ctrl Center Activities. Electricity in the amount of
pr "act.
REDLANDS SUPPLIES $1,�0 $6,000 toward
REDLANDS Printing and distribution of informational $1,900
OUTREACHIEDUCATIO flyers or brochures,banners,etc.,for use in
N providing outreach for the Cool Center;
l educational workshops or other assistance to
I OPERATION GRACE inform Cool Center participants about ether
I OUTREACH energy conservation or low-income programs. $2,000
Note: SCE will provide some materials
concerning its other energy efficiency and
kwv-income programs for distribution to Cool
Center anticipants.
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WE
RED
LANDS Bus Passes,vehicle
TRANSPORTATION rental,and rued cots to
Provide transportation for the target
Populations only.
$1,6{3p
Lcns--' hosts to transport Participants
who are not members o f the target Population
w-to Pay for non-Cool Center vehicle
Operation'and mileageassociated with rental
ehictes(unless charges are included in the
rental contract),are not cowered by this
PERSONNEUSTAFF Inrrernernt
OPERATION GRACE stafffor ng rrrerrnbersProvidedirect upport of de
To include P +sonnel to do
Ccio!Center activities at a krca llorr and/or full community outreach. Includes
Cor"Pensaticrn for 1-2 new staff persons supervisory Personnel
dedicated to aictlwities. Costs could include
600
payroll twM1 worker's corn #1 $3,gap
etc, compensation casts, #2 $2,400
#3 $2,4{x}
EVltrs?c ns: Cots for administrative o r
oversight personnel not directly involved with City or subgrantee may break
Providing Cool Center services should be salaries into smaller increments
included under the'Administrative"oategoryr to employ more ale as
ch for volunteer Personnel are not needed.
b this ram.
REDLANL?S covered
Inc rone ad cots for the following; bottled
REFRESHMENTS water,coffee,tea,punch,cookies,crackers,
Pretzels,or other Tight snacks.
$2,000
Exclusions: Food Purchases that could be
construed as an effort to Provide full meals
for participants are not covered by this
TOTALS Pr ram.
$2Q,Qpp
Some budget items indicated above will be solely paid to G
administrative or payroll line iterenation
s} or they may be shared b Ci andrace {such as
{sash.as education). Such items will be identified in writing between City Operation race
Grace. and Aeration
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