HomeMy WebLinkAbout04034 - PS ECONOMIC DEVELOPMENT CORP WORKFORCE DEVELOPMENT p/.LM SA City of Palm Springs
O� q�
c
Office of the City Clerk
• (760) 323-8206
s o••an�•
C'+c,FoI � MEMORANDUM
' l
Date: Jan )0
To: Fran Toscan - tt, Economic Programs P
From: City Clerk ._
AGREEMENT #4034 PS Economic Development Corp.
Workforce Development Center
Please let us know the status of the above agreement, and if it may be closed.
STATUS: 'Put` c)'L- /
COMPLETED: ' /�` 151 / 44S
REMAIN OPEN UNTIL:
_ Date &!Initials
CLOSE AGR � G ��/g
Signature
CITY CLERK
Palm Springs Economic Develop.
• Corp.
Subrecipient - WorkForce Ctr.
AGREEMENT #,`4034
CM Signed, 10-20-98 R19228
SUBRECIPIENT AGREEMENT
THIS AGREEMEN (herein "Agreement") , is made and entered into
this �tday of .U�aL�� , 19L by and between the CITY OF
PALM SPRINGS, (herein "City) , a municipal corporation, and the PALM
SPRINGS ECONOMIC DEVELOPMENT CORPORATION (herein "Provider") .
WHEREAS, the City has entered into various funding agreements
with the United States Department of Housing and Urban Development
("HUD") , which agreements provide funds ("CDBG Funds") to the City
under the Federal Housing and Community Development Act of 1974 (42
U.S.C. Section 5301 et seq. ) , as amended from time to time (the
"Act") , and the regulations promulgated thereunder (24 C.E.R.
Section 570 et seq. ("Regulations") ; and
WHEREAS, the Act provides that the City may grant the CDBG
Funds to nonprofit organizations for certain purposes allowed under
the Act; and
WHEREAS, the Provider is a nonprofit organization which
operates a program which is eligible for a grant of CDBG funds and
the City desires to assist in the operation of the program by
granting CDBG Funds to the Provider to pay for all or a portion of
those costs incurred in operating the program permitted by the Act
and the Regulations on terms and conditions more particularly set
forth herein;
NOW, THEREFORE, the parties hereto agree as follows:
1 .0 SERVICES OF CONTRACTOR.
1.1 Scope of Services. In compliance with all terms
and conditions of this Agreement, the Provider . shall provide those
services specified in the "Scope of Services" attached hereto as
Exhibit "A" and incorporated herein by this reference. Provider
warrants that all services will be performed in a competent,
professional and satisfactory manner.
1.2 Compliance with Law. All services rendered
hereunder shall be provided in accordance with all ordinances,
resolutions, statutes, rules, and regulations of the City and any .
Federal, State or local governmental agency of competent
jurisdiction. k
1.3 Reports. No later than ten (10) days prior to any
payment date specified in Section 2.2, within ten (10) days
following the termination of this Agreement, and at such other
times as the Contract Officer shall request, Provider shall give
the Contract Officer a written report describing the services
provided during the period of time since the last report and
accounting for the specific expenditures of contract funds
hereunder, if applicable. At the times and in the manner required
by law, the Provider shall provide to the City, the Department of
Housing and Urban Development, the Comptroller General of the
United States, any other individual or entity, and/or their duly
authorized representatives, any and all reports and information
required for compliance with the Act and the Regulations .
2 . 0 COMPENSATION.
2 .1 Contract Sum. The City shall pay to the Provider
on a reimbursable basis for its services a sum not to exceed THIRTY
SIX THOUSAND DOLLARS ($36, 000. 00) (the "Contract Sum") in
accordance with the Budget attached hereto in Exhibit B and
incorporated herein by this reference; and as herein provided. The
budget cost categories set out in Exhibit B are general guidelines
and if mutually agreed by both parties, may be amended
administratively by no more than 10%, without the requirement of a
formal amendment to this Agreement, but in no event shall such
adjustments increase the Contract Sum. The Provider shall submit
to the City monthly statements on reimbursable expenditures
pursuant to the attached Budget along with pertinent supporting
documentation. The City shall promptly review the monthly
expenditure statements and, upon approval, reimburse the Provider
its authorized operating costs.
2.2 Payroll Records . In cases where the contract sum
will reimburse payroll expenses as part of operations, the Provider
will establish a system of maintaining accurate payroll records
which will track daily hours charged to the project by the
Provider's respective employees, as set forth in OMB Circular A-122
Attachment B. 6.
2 .3 Draw Downs . Failure by Provider to request
reimbursement or encumbrance of at least 25o of the total grant by
the end of each fiscal year quarter (September 30, December 30,
March 31, and June 30) shall result in the immediate forfeiture of
250 of the total grant.
3.0 COORDINATION OF WORK.
3 . 1 Representative of Provider. The following
principals of Providers are hereby designated as being the
principals and representatives of Provider authorized to act in its
behalf with respect to the work specified herein and make all
decisions in connection therewith:
Tom Suitt
Ralph Hitrhrnck
—_ Kan Fa nc a
2
3 .2 Contract Officer. The Contract Officer shall be
such person as may be designated by the chief administrative
officer of City.
3.3 Prohibition Against Subcontracting or Assignment.
Provider shall not contract with any other entity to perform in
whole or in part the services required hereunder without the
express written approval of the City. Neither this Agreement nor
any interest herein may be assigned or transferred, voluntarily or
by operation of law, without the prior written approval of the
City.
3.4 Independent Contractor. Neither the City nor any
of its employees shall have any control over the manner, mode or
means by which Provider, its agents or employees, perform the
services required herein, except as otherwise set forth herein.
Provider shall perform all services required herein as an
independent contractor of City and shall remain at all times as to
City a wholly independent contractor with only such obligations as
are consistent with that role. Provider shall not at any time or
in any manner represent that it or any of its agents or employees
are agents or employees of City.
4 . 0 COMPLIANCE WITH FEDERAL REGULATIONS.
4 .1 The Provider shall maintain records of its
operations and financial activities in accordance with the
requirements of the Housing and Community Development Act and the
regulations promulgated thereunder, which records shall be open to
inspection and audit by the authorized representatives of the City,
the Department of Housing and Urban Development and the Comptroller
General during regular working hours. Said records shall be
maintained for such time as may be required by the regulations of
the Housing and Community Development Act, but in no case for less
than three years after the close of the program.
4.2 The Provider certifies it—shall,; adhere to and
comply with the following as they may be applicable:
(a) Submit to City through its Economic
Development Division -monthly reports on
program status;
(b) Section 109 of the Housing and Community
Development Act of 1974, as amended and the
regulations issued pursuant thereto;
(c) Section 3 of the Housing and Urban Development
Act of 1968, as amended;
3
(d) Executive Order 11246, as amended by Executive
Orders 11375 and 12086, and implementing
regulations at 41 CFR Chapter 60;
(e) Executive Order 11063, as amended by Executive
Order 12259, and implementing regulations at
24 CFR Part 107;
(f) Section 504 of the Rehabilitation Act of 1973
(P.L. 93-112) , as amended, and implementing
regulations;
(g) The Age Discrimination Act of 1975 (P.L. 94-
135, as amended, and implementing regulations;
(h) The relocation requirements of Title II and
the acquisition requirements of Title III of
the Uniform Relocation Assistance and Real
Property Acquisition at 24 CFR Part 42;
(i) The labor standard requirements as set forth
in 24 CFR Part 570, Subpart K and HUD
regulations issued to implement and
requirements;
(j ) The Program Income requirements as set forth
in 24 C.F.R. 570.504 (c) and 570.503 (b) (8) ;
(k) The Provider is to carry out each activity in
compliance with all Federal laws and
regulations described in 24 C.F.R. 570,
Subpart K, except that .the Provider does not
assume the City' s environmental
responsibilities described at 24 C.F.R.
570.604; nor does the Provider assume the
City's responsibility for initiating the
review process under the provisions of 24
C.F.R. Part 52;
(1) Executive Order 11988 relating to the
evaluation of flood hazards and Executive
Order 11288 relating to the prevention,
control and abatement of water pollution;
(m) The flood insurance purchase requirements of
Section 102 (a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) ;
(n) The regulations, policies, guidelines and
requirements of 24 CFR 570; the "Common Rule",
24 CFR Part 85 and subpart J; OMB Circular
4
Nos. A-102, Revised, A-87, A-110 and A-122 as
they relate to the acceptance and use of
federal funds under the federally-assisted
program.
(o) Title VI of the Civil Rights Act of 1964 (P.L.
88-352) and implementing regulations issued at
24 CFR Part 1;
(p) Title VIII of the Civil Rights Act of 1968
(P.L. 90-284) as amended; and
(q) The lead-based paint requirements of 24 CFR
Part 35 issued pursuant to the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. 4801
et seq. ) ;
(r) Maintain property inventory system to
numerically identify HUD purchased property
and document its acquisition date as is set
forth in OMB Circular A-110 Attachment N
Property Management Standard 6d.
(s) Reversion of asset. Upon the Expiration of
the agreement, the subrecipient shall transfer
to the City any CDBG funds on hand at the time
of expiration and any accounts receivable
attributable to the use of CDBG funds.
Additionally, any real property under the
subrecipient' s control that was acquired or
improved in whole or in part with CDBG funds
(including CDBG funds provided to the
subrecipient in the form of a loan) in excess
of $25, 000 is either:
(i) Used to meet one of the national
objectives in Section 570.208 (formerly
Section 570 . 901) until five years after
expiration of the agreement, or for such
longer period of time as determined to
be appropriate by the City; or
(ii) Not used in accordance with paragraph
(s) (i) above, in which event the
subrecipient shall pay to the City an
amount equal to the current market value
of the property less any portion of the
value attributable to expenditures of
non-CDBG funds for the acquisition of,
or improvement to, the property. The
payment is program income to the City.
5
(No payment is required after the period
of time specified in paragraph (s) of
this section. )
(t) Such other City, County, State, or Federal
laws, rules, and regulations, executive orders
or similar requirements which might be
applicable.
4. 3 The City shall have the right to periodically
monitor the program operations of the provider under this
Agreement.
5.0 INSURANCE AND INDEMNIFICATION.
5. 1 Insurance. The Provider shall procure and
maintain, at its cost, and submit concurrently with its execution
of this Agreement, public liability and property damage insurance
against claims for injuries against persons or damages to property
resulting from Provider' s acts or omissions arising out of or
related to Provider's performance under this Agreement. Provider
shall also carry Workers' Compensation Insurance in accordance with
State Workers' Compensation laws. Such insurance shall be kept in
effect during the term of this Agreement and shall not be
cancelable without thirty (30) days' prior written notice of the
proposed cancellation to City. A certificate evidencing the
foregoing and naming the City as an additional insured shall be
delivered to and approved by the City prior to commencement of the
services hereunder. The procuring of such insurance or the
delivery of policies or certificates evidencing the same shall not
be construed as a limitation of Provider' s obligation to indemnify
the City, its officers, or employees. The amount of insurance
required hereunder shall be as required by the Contract Officer not
exceeding Five Hundred Thousand Dollars ($5001000) .
5.2 Indemnification. The Provider shall defend,
indemnify and hold harmless the City, its officers and employees,
from and against any and all actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and
attorneys ' fees, for injury to or death of person(s) , for damage to
property (including property owned by the City) arising out of or
related to Contractor' s performance under this Agreement, except
for such loss as may be caused by City' s own negligenc6 or that of
its officers or employees .
6.0 DISCRIMINATION, TERMINATION, AND ENFORCEMENT.
6.1 Covenant Against Discrimination. Provider
covenants that, by and for itself, its heirs, executors, assigns,
and all persons claiming under or through them that there shall be
no discrimination against or segregation of any person or group of
6
persons on account of race, color, creed, religion, sex, marital
status, physical or mental disability, national origin, or ancestry
in the performance of this Agreement. Provider shall take
affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their
race, color, creed, religion, sex, marital status, physical or
mental disability, national origin, or ancestry.
6.2 Term. Unless earlier terminated in accordance with
Section 6.3 of this Agreement, this Agreement shall continue in
full force and effect until completion of the services, but not
exceeding one (1) year from the date hereof.
6.3 Termination Prior to Expiration of Term. Either
party may terminate this Agreement at any time, with or without
cause, upon thirty (30) days' written notice to the other party.
Upon receipt of the notice of termination the Provider shall
immediately cease all services hereunder except as may be
specifically approved by the Contract Officer. Provider shall be
entitled to compensation for all services rendered prior to receipt
of the notice of termination and City shall be entitled to
reimbursement for any services which have been paid for but not
rendered.
7.0 MISCELLANEOUS PROVISIONS.
7.1 Notice. Any notice, demand, request, document,
consent, approval, or communication either party desires or is
required to give to the other party shall be in writing and either
served personally or sent by prepaid, first-class mail to the
address set forth below, or such other addresses as may from time
to time be designated by mail.
TO CITY:
City of Palm Springs
3200 East Tahquitz-Canyon Way
Palm Springs, California 92263
Attn: City Manager
WITH COPY TO:
Rutan & Tucker
611 Anton Blvd. , Suite 1400
Costa Mesa, California 92626-1998
7
TO CONTRACTOR:
7.2 Amendment. This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in
writing.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date first above written.
T E CITY OF P NGS,
Dated: By:
City Manager
ATTEST:
7�
Sty Clerk q
APPROVED AS TO FORM:
RUTAN & TUCKER
City Attorney
CON RACTOR:
�`L'L' /� '1.f� ',I'� ��%t��`r72G'Ir2t-��%'(✓�✓�iP_lC�,(-U/,�coL ��Lr�
Dated:
Name:
Title:
8
EXHIBIT "A"
Scope of Services
The Workforce Development Center, located at I I I I E. Tahquitz Canyon Way Bldg C,
Palm Springs, co-locates the City of Palm Springs Economic Development Department,
the State Employment Development Department, the Riverside County Department of
Public Social Services and the Riverside County Job Training Partnership Act. The facility
is managed by the Palm Springs Economic Development Corporation.
The Center offers a coordinated information and service delivery system, through local
county and state agencies, for individuals seeking first, new or better jobs and for
employers seeking to hire new workers. The Center also offers employment training,
education, health and economic development services.
Scope of Services will include but not be limited to:
❑ Provide services to all job, education and training seekers and employers.
❑ Provide JTPA Services; determine eligibility for JTPA, case management,
employer's recruitment, Hire-A-Youth Services,job development and workshops
through the Riverside County Economic Development Agency.
❑ Provide Employment Information, Unemployment Benefits and Labor Market
Information through the State of California Employment Development Department
(EDD)
❑ Provide Job Development Services to Employers and GAIN clients through the
Department of Public Social Services (DPSS/CALWorks/GAIN)
❑ Provide Business and entrepreneur Counseling through the State of California's
Small Business Development Center (SBDC) and the U.S. Small Business
Administration's (SBA) Service Corps of Retired Executives (SCORE).
❑ Provide technical assistance to businesses and identify job creation opportunities
for new and existing employers. Services to be provided by, but not limited to, the
City of Palm Springs Department of Economic Development and the Palm Springs
Economic Development Corporation.
EXHIBIT "A
EXHIBIT "B"
BUDGET
Workforce Development Center
1998/99 CDBGFunding
Expense Items: Budget
Building & Ground Lease $5,000.00
January 1999 rent @ $2,000
February 1999 rent @ $2,000
March 1999 rent @ $1,000
$5,000
Common Area Maintenance $5,000.00
January thru May 1999 @ $900 per month= $4,500
June 1999 @ 500= $ 500
$5,000
Utilities/Taxes/Insurance $5,000.00
To cover expenses from January through June 1999 for electric/water/
security system/telephone/janitorial up to $5,000.00
Furniture/Equipment/Tenant Improvements $6,000.00
Estimated Costs:
computer/printer/stand/software $2,154.00
brochure racks 2 @ $490 $ 900.00
4-drawer filing cabinet $ 294.00
2-drawer filing cabinet $ 216.00
Fax machine $1,400.00
Misc. office supplies $1,036.00
$6,000.00
Marketing/Advertising $15,000.00
Estimated Costs:
Desert Sun Display Advertising $1,250.00
Graphic Design/production-Display Booth $1,850.00
Brochure-design/photos/copy writing $9,800.00
Printing Costs $1,500.00
Letterhead/envelopes $ 600.00
$15,000.00
Total Grant Funding $36,000.00
EXHIBIT°B"
cdbg9899.dm
FEB 3 99 WED 16 117 F T. KIEUEY II T603
r
�1 Ifil,
Oil
0
b'Rik'
41'
it
!9�i Ail
r all
ilS ht�
WlN t�phlo if
Tit,11111 ,1l II1 pi"l Oil
320
MIN
FT,)vq�yp Fop 1H
................. J i
R. N l;yj r 11 '79 r
I H rl �,.FIUK
v 8TA A�E AS tv l
!It
LIAt
WAN Mi"N I Ill M
Sx, Si' MAX
I
ARryrMS ,
rim, III,
T11 I'Ai F
14140M PAM,
in, leg g Z
W
2 1 ty- 1*174•1,7
t A
�yt Oil
VIA w;
IN
;[Mpg
A�q
AyypprLli'M-OT111w,gi-
Vol
Y,
Li
pt 'I r4
I.1, it i
.1 A
ru I
-10:10:
N Q'I
0N
R�thllll Ah E ...................... 1121,
✓
Sill
11 LIl ['1 1,
ulIIA, "Ill, T 1 11 , JRM hQr'l' IV
It
t
A 0
),NqL'
................I'M W� T 4 Oil A 'Iff, �01; in,lit.
1,
1414 gi, it AI $t !,:;,-
w.01, .;
BI
1�1 h
I
BuIf.is,
II I.......... ..........
Y1.1 r�l j
1 44
Oil 1 KOH IMMA 140'
it,I.
it
,i T R 1 W "I ..�IN I l�
it j! V I I 1 .1 pi k Y it:,., � 'IAAYj,Ill!I I
xy lit, J v Irk �,i
P ly 1,d,11, '0 �, , 1 1, 1 1 .
11.1171.1,
i,:;:"Ali t!
I�M
'PI...It
to all;at! ,oy02
3!4
..........
Note 112 phi
acORo. CERTIFICW OF LIABILITY INSU NC PID R5 DATE(MM/DD YY)
S 1 OS/16/03
PRODUCER THIS CERTIFICATE I SUED AS A MATTER OF INFORMATION
Brakke-Schafnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License #0428915 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Laguna Niguel CA 92677-1251
Phone: 949-365-5100 Fax:949-365-5161 INSURERS AFFORDING COVERAGE
INSURED INSURER Great American Insurance Co
INSURER B
Palm Springs Economic
Development Corporation IINSURER C:
P.O. Box 3205 INsuRER D:
Palm Springs CA 92263
NSURERE
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR DATE M-EFFECTIVE
DATE MXPIRA I LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY PAC2254494 05/20/03 05/20/04 FIRE DAMAGE(Anyone fire) $ 100,000
CLAIMS MADE [g] OCCUR MED EXP(Any one person) S 5,000
- PERSONAL&ADV'INJURY $ 1,000,000
GENERALAGGREGATE $ 2,000,000
GEN'LAGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OP AGO 51,000,000
POLICY PRO El
LOC
E T
AUTOMOBILE LIABILITY
COMBINED SINGLE $ 1,000,000
$NGLE LIMIT
'A ANY AUTO PAC2254494 05/20/03 05/20/04 (Ea acdenq
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) S
X HIREDAUTOS BODILY INJURY
X NON-OWNED AUTOS (Peraccrdent) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG S
EXCESS LIABILITY EACH OCCURRENCE $ $1,000,000
A X OCCUR CLAIMS MADE PAC2254495 05/20/03 05/20/04 AGGREGATE S $1,000,000
DEDUCTIBLE $
X RETENTION $ 10,000 $
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS'LIABILITY
E L.EACH ACCIDENT $
E.L.DISEASE-EA EMPLOYEE $
E.L.DISEASE-POLICY LIMIT I S
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate holder to be added as additional insured re: 1998-99 CDBG
Subreceipient Workforce Center A4034. 10 day notice of cancellation for
non-payment of premium. --------
CERTIFICATE HOLDER Y ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION
CITYPAL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30* DAYS WRITTEN
City Of Palm Springs NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO OD SO SHALL
Attn: City Clerk IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
P. 0. Box 2743
Palm Springs CA 92263-2743 REPRESENTATIVES.
AUTHORIZED REPRESENTggT14E� /
John Riordan �,�1�,
ACORD 25-S(7/97) c ACORD CORPORATION 1988