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HomeMy WebLinkAboutContracts & Agreements_225-2020THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY SAN BERNARDINO COUNTY Contract Number CARES21 ALLC RED SAP Number 410018�g2R County AdmmostraUve Office Department Contract Representative Telephone Number Contractor Contractor Representative Telephone Number Contract Term Original Contract Amount Amendment Amount Total Contract Amount Cost Center Monique Amis 909-387-4883 City of Redlands Janice McConnell Assistant City Manager (909) 798-7511 Effective Date through June 30 2021 Based on agreed upon allocation Based on agreed upon allocation ALLOCATION AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND CITY OF REDLANDS RELATED TO THE CARES ACT CORONAVIRUS RELIEF FUND FOR LOCAL GOVERNMENTS WHEREAS on March 4 2020, the State of California declared a state of emergency as a result of the COVID 19 outbreak and on March 10, 2020, the County of San Bernardino (County) proclaimed the existence of a local emergency resulting from Coronavirus Disease 2019 (COVID 19), and WHEREAS on March 27, 2020, the United States Congress passed the Federal Coronavirus Aid Relief and Economic Security (CARES) Act in response to the COVID 19 pandemic, and WHEREAS, pursuant to Section 5001 of the CARES Act the County received a disbursement from the United States Department of the Treasury of money associated with the Coronavirus Relief Fund (Fund) for Local Governments under Section 601(a) of the Social Security Act some of which may be transferred to other public entities for certain CARES Act purposes, and WHEREAS the Federal Catalog of Federal Domestic Assistance (CFDA) number for the Fund is 21 019, and Rev 5/8/20 Page 1 of 6 WHEREAS, the CARES Act provides that payments from the Fund may only be used to cover costs that i) are necessary expenditures incurred due to the public health emergency with respect to COVID 19, ii) were not accounted for in the budget most recently approved as of March 27 2020 (the date of enactment of the CARES Act), and Hi) were incurred during the period that begins March 1 2020, and ends December 30 2020, and WHEREAS on September 29, 2020, the Board of Supervisors for the County approved the transfer from the Fund in an amount not -to exceed $876,054, to support the community's response to the COVID 19 pandemic, and WHEREAS County desires to transfer and CITY OF REDLANDS hereinafter called Entity desires to accept an amount of CARES Act Fund dollars to provide COVID 19 emergency response to the residents of the County and Entity NOW, THEREFORE in consideration of the above the County and Entity agree as follows 1 The CARES Act Fund a. This Agreement applies to the following CARES Act Fund transfers i The transfer by the County of an amount not -to exceed $876,054 to the Entity based on on the State of California s initial CARES Act distribution to cities to support the community with responding to the COVID 19 pandemic as defined in and limited by the CARES Act ii The transfer by the County of an amount not to exceed $876 054 to the Entity on a reimbursement basis The Entity shall generate a monthly report (Report) of actual cash expenditures to date under this Agreement, and estimated cash expenditures through December 30, 2020 The Report shall provide sufficient information to explain that the requested reimbursement complies with the definitions and limitations in the CARES Act The Entity shall provide Report to County according to the following schedule October 31, 2020 November 30 2020, and any other subsequent report as requested by the County iii County, through its Chief Executive Officer (CEO), in the CEO's sole discretion, reserves the right to reduce the transfer amount identified in this Agreement with fifteen (15) days advance written notice provided to the Entity The reduction would be based A) on Entity's estimated cash expenditures through December 30 2020 as identified in the October 31 2020 and November 30, 2020 reports, or B) a later determination by the United States Department of the Treasury, County or Entity that the costs identified in this Agreement are ineligible for CARES Act funding b The Entity certifies in this Agreement and shall certify in each Report that the use of funds submitted for reimbursement from the Fund will be used only to cover those costs that 1) are necessary expenditures incurred due to the public health emergency with respect to the COVID 19, ii) were not accounted for in the budget most recently approved as of March 27 2020 (the date of enactment of the CARES Act), and iii) were incurred during the period that begins March 1 2020 and ends December 30 2020 For purposes of this Agreement and pursuant to federal guidance, a cost is "incurred' when the entity has expended funds to cover the cost. c The Entity agrees that the funds provided pursuant to this Agreement cannot be used i) as a revenue replacement for lower than expected tax or other revenue collections or ii) for expenditures for which the Entity has received any other emergency COVID 19 supplemental funding (whether state federal or private in nature) for that same expense Rev 9/24/20 Page 2 of 6 d The Entity shall prepare and submit to County an invoice for reimbursement of eligible funding expenses identified in Paragraph 1 a above Invoices may be submitted to County as frequently as monthly County will review invoices for compliance with existing CARES Act eligibility guidelines Upon review/approval by County County shall reimburse to Entity within thirty (30) days of the completion of the County's review, the amount of the invoices submitted Approval and transfer of funds to Entity does not guarantee or imply U S Treasury approval of the use of funds 2 Both County and the Entity agree to comply with any and all CARES Act requirements, as well as any and all applicable County Entity State, and Federal laws regulations, policies and procedures pertaining to the expenditures and reimbursements described in this Agreement County and Entity shall comply with 2 CFR Part 200 Uniform Administrative requirements, Cost Principles and Audit Requirements for Federal Awards (Uniform Guidance) including, but not limited to 2 CFR §200.303 (internal control) §200.330 thru §200 332 (subrecipient monitoring and management) and subpart F (audit) The reimbursements under this Agreement do not include Research and Development as defined in 2 CFR §200 87 nor do they include indirect costs The expenditures and reimbursements must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure Any use of funds provided to the Entity or its subcontractor(s) that do not adhere to official federal guidance or requirements shall be returned to the County County and the Entity also agree that as additional federal guidance becomes available an amendment to this Agreement may become necessary a The Entity shall retain documentation of all uses of the funds reimbursed by the County, including but not limited to invoices and/or sales receipts in a manner consistent with §200.333 Retention requirements for records of 2 CFR Part 200 and/or Memorandum OIG CA-20-021 issued on July 2, 2020 by U S Treasury (https.//www.treasury.qov/about/organizational structure/iq/Pages/CARES-Act Reporting and Record Keeping Information.aspx) Such documentation shall be produced to County upon request and may be subject to audit Unless otherwise provided by Federal or State law (whichever is the most restrictive), the Entity shall maintain all documentation connected with its performance under this Agreement for a minimum of five (5) years from the date of the last payment made by County or until audit resolution is achieved whichever is later, and to make all such supporting information available for inspection and audit by representatives of the County the State or the United States Government during normal business hours at Entity Copies will be made and furnished by the Entity upon written request by County b The Entity shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Entity's requests for reimbursement which segregate and accumulate costs of Entity and produce the Reports which clearly identify reimbursable costs, matching fund costs indirect cost allocation, and other allowable expenditures by the Entity c The Entity shall cooperate in having an audit completed by County, at County's option and expense Any audit required by the CARES Act will be completed by the Entity at Entity's expense d The Entity shall repay to County any reimbursement for CARES Act funding that is determined by subsequent audit to be unallowable under the CARES Act within the time period required by the CARES Act but no later than one hundred twenty (120) days of Entity receiving notice of audit findings which time shall include an opportunity for the Entity to respond to and/or resolve the findings Should the findings not be otherwise resolved and the Entity fail to reimburse moneys due County within one hundred twenty (120) days of audit findings or within such other period as may be agreed between both parties or required by the CARES Act, County reserves the right to withhold future payments due to the Entity from any source under County's control Rev 9/24/20 Page 3 of 6 3 This Agreement may be terminated by County through the County's CEO for any reason with a thirty (30) day written notice to Entity of termination Upon such termination appropriate reimbursements may still be made to the Entity prior to the effective date of termination This Agreement may also be terminated immediately by County in the event of a breach of the Agreement terms by the Entity In such event, County shall be entitled to pursue any available remedies authorized by law or regulations 4 This Agreement is from the Effective Date defined in Paragraph 11 through June 30, 2021 County shall only reimburse costs incurred through December 30, 2020. Paragraphs 2a through 2d, 4 and 5 shall survive the termination of this Agreement 5 County agrees to indemnify, defend (with counsel reasonably approved by ENTITY) and hold harmless the Entity and its officers employees agents and volunteers from any and all claims actions or losses, damages and/or liability resulting from the County's negligent acts or omissions which arise from County's performance of its obligations under this Agreement The Entity agrees to indemnify defend (with counsel reasonably approved by County) and hold harmless County and its officers employees agents, and volunteers from any and all claims actions or losses, damages and/or liability resulting from the Entity's negligent acts or omissions which arise from Entity's performance of its obligations under this Agreement In the event the County and/or Entity is found to be comparatively at fault for any claim action, loss or damage which results from their respective obligations under the Agreement the County and/or Entity shall indemnify the other to the extent of its comparative fault 6 This Agreement shall be governed by the laws of the State of California Any action or proceeding between the County and Entity concerning the interpretation or enforcement of this Agreement or which arises out of or is in any way connected with this Agreement, shall be instituted and tried in the appropriate state court in the County of San Bernardino California 7 During the term of the Agreement, the Entity shall not discriminate against any employee or applicant for employment because of race, religious creed color national origin ancestry, physical disability mental disability, medical condition genetic information marital status, sex, gender gender identity gender expression, sexual orientation age or military and veteran status The Entity shall comply with Executive Orders 11246 11375 11625 12138, 12432, 12250 13672 Title VI and Title VII of the Civil Rights Act of 1964 the California Fair Employment and Housing Act and other applicable Federal State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted 8 The Entity certifies that neither it nor its principals or subcontracts is presently disbarred suspended proposed for debarment declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency (See the following United States General Services Administration s System for Award Management website https://www.sam.gov) Any contracts funded by this Agreement shall be with vendors that meet this certification 9 If any word, phrase clause sentence paragraph, section, article part or portion of this Agreement is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this Agreement or any other portion thereof Rev. 9/24120 Page 4 of 6 10 The recitals of this Agreement are incorporated into the body of this Agreement by this reference 11 This Agreement shall take effect on the latest date it is signed and approved by either party's authorized representatives (Effective Date) 12 Time is of the essence for each and every provision of this Agreement. 13 Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply according to its fair meaning, and not strictly for or against any party 14 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition No waiver, benefit privilege or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise 15 Nothing contained in this Agreement shall be construed as a relinquishment of any rights now held by the County or Entity 16 This Agreement and other documents incorporated herein represents the final complete and exclusive agreement between the parties hereto Any prior agreement, promises negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein Each party has carefully read this Agreement and signs the same of its own free will 17 This Agreement may be executed in any number of counterparts each of which so executed shall be deemed to be an original and such counterparts shall together constitute one and the same Agreement The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile PDF or other email transmission) which signature shall be binding on the party whose name is contained therein Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request Rev 9/24/20 Page 5 of 6 IN WITNESS WHEREOF, the County of San Bernardino and the Entity have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf CITY OF REDLANDS COUNTY OF SAN BERNARDINO Charles M Duggan, Jr Ci an.;. Leonard X Hernandez, O ie cutive Offi Dated. 10/20/2020 FOR COUNTY USE ONLY Dated 10/1.319020 Approved as to Legal Form Date 10/21/20 Rev 9/24/20 Reviewed for Contract Compliance Date Reviewed/Approved by Department Date Page 6 of 6