HomeMy WebLinkAbout04015 - CV SMALL BUSINESS DEVELOPMENT CENTER CDBG SUBRECIPIENT R19228 ?ALgg City of Palm Springs
- Community Redevelopment Agency
y MEMORANDUM
Cq�FF`JP.N�P
Date: August 14, 2003
To: Barbara White, Assistant City Clerk
From: John Raymond, Director of Community& Economic Develo
Subject: Closing/termination of expired contracts
Yesterday I sent over a long list of expired contracts that had been reviewed by Dale Cook, the
Community Development Administrator, with instructions to close the ones indicated. These
were mostly CDBG contracts that have expired, the services provided, and the funds paid out.
The purpose of this memo is to inform you that I reviewed the list and concur with the
recommendation to close those indicated. Please keep a copy of this memo in the file of each of
the iderltfied closed contracts.
Coachella Valley SBDC
(Small Business Develop. Ctr. )
iConsulting & Technical Assist.
AGREEMENT #4015
R19228, 4-15-98
CM_S�ned, 8-4-98
SUSREC;IPIENT AGREEMENT
THIS AGREEMENT (herein "Agreement") , is made and entered into
this ( day of ��-� 19�, by and between the CITY OF
PALM SPRINGS, (her "City) , a municipal corporation, and the
COACHELLA VALLEY SMALL BUSINESS DEVELOPMENT CENTER (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.F.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.
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
ORIGINAL BID
AND/OR AGUE61PlU4
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
FOURTEEN THOUSAND FIVE HUNDRED DOLLARS ($14, 500 . 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 Dorms . Failure by Provider to request
reimbursement or encumbrance of at least 250 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
25% 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:
Michael Stull Executive Director
Inland Empire Small Business Development Center/
Coachella Valley SBDC
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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;
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(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) ;
4
(n) The regulations, policies, guidelines and
requirements of 24 CFR 570; the "Common
Rule", 24 CFR Part 85 and subpart J; OMB
Circular 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
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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.
(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 INDFJYMIFICATION.
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 ($500, 000) .
5.2 Indemnification. The Provider shall defend,
indemnify and hold harmless the State of California and the City,
their respective 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) , and for damage to property (including
property owned by the City) arising out of or related to Provider' s
performance under this Agreement, except for such loss as may be
caused by City' s own negligence or that of its officers or
employees. The City shall defend, indemnify and hold harmless the
State of California, the Provider, and their respective officers
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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) , and for damage to property (including property owned
by the Provider) arising out of or related to City' s performance
under this Agreement, except for such loss as may be caused by the
Provider' s own negligence 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
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.
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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
TO CONTRACTOR:
Coachella Valley SBDC
1157 Spruce Street
Riverside, CA 92507
Attn: Executive Director
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.
THE ITY F PALM S,
Dated: L j� By:
Cit Manager
ATTEST:
41Clerk
APPROVED AS TO FORM: 01 4 cr"-A-
RUTAN & TUCKER
litti
Ci,4AAttorney
8
CONTRACTOR:
Inland Empire Small Business Development Cente
Coachella Valley SBDC
Dated: � By: Lo
Name: y�,gtGi i✓ E� �iZJ z L
Title:
9
EXHIBIT "A"
SCOPE OF SERVICES
The Coachella Valley SBDC will provide business consulting and technical
assistance through consultants to SBDC clients (existing and startup small
businesses). The SBDC agrees to provide consulting service to include:
business planning, loan proposal, international trade, environmental assessment,
finance, bookkeeping, taxes and licenses, marketing, financing, management,
human resources, and government procurement assistance. The consulting
service is free of charge to the client.
The SBDC will provide seminars and workshops in areas such as business
planning, accounting and finance, marketing, and how to start a business.
Special programs, such as international trade and government procurement, are
available to clients. Additional special programs and resources will be available
to the clients as they continue to develop.
EXHIBIT "B"
BUDGET
CDBG FUNDS
BUDGET SUMMARY TOTAL BUDGET REQUESTED
Personnel
Salaries and Fringes $ 80,000.00 $ 9,000.00
Contract Consultants/Staff Support $ 10,000.00
SUB-TOTAL $ 90,000.00 $ 9,000.00
Non-Personnel
Rent $ 12,000.00 $ 5,500.00
Consumable Supplies $ 2,200.00
Library $ 5,000.00
Travel $ 2,400.00
Telephone $ 4,500.00
Equipment and Maintenance $ 7,500.00
Postage $ 2,500.00
Printing $ 2,000.00
Community Outreach $ 500.00
Administrative Costs $ 5,250.00
Insurance/Property Taxes $ 500.00
SUB-TOTAL $ 44,350.00 $ 5,500.00
TOTAL OPERATIONAL COSTS $ 134,350.00 $ 14,500.00
FUNDING SOURCE AMOUNT
California Trade and Commerce $ 94,350.00
City of Indio $ 10,000.00
County of Riverside $ 5,000.00
City of Palm Springs CDBG $ 14,500.00
City of Palm Springs Econ. Development $ 10,500.00
TOTAL SOURCES OF FUNDS $ 134,350.00
Pagel
Sd
STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807
(ZO) WR
COMPENSATION INSURANCE 2FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CEIVED
".POLICY. NUMBER `1444415 - 99 _
ISSUE DATE: 04-01-99 CERTIFICATE EXPIRES: -04-01-00
ATTN: FRANCESCA_MERRITT, CDBG',HOUSING�'COORDINATOR
CITY OF PALM SPRINGS
P.O. BOX 2743
PALM SPRINGS CA 92263
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon30days' advance written notice to the employer.
We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document
with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the
policies described herein is subject to all the terms, exclusions and conditions of such policies.
RESIDENT
EMPLOYER'S LIABILITY LIMIT �INCLUDING OEFENSE,.COSTS�: $1,000;OOO.QQ .PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS,".,NOTICE EFFECTIVE 04/01/99 ,IS ATTACHED TO AND
FORMS A PART OF THIS POLICY. '
EMPLOYER -LEGAL NAME ,'•
_SMALL BUSINESS DEVELOPMENT CENTER INLAND EMPIRE ECONOMIC PARTNERSHIP AND
301 -E-. VANDERBILT-#_100 ._.- SMALL BUSINESS DEVELOPMENT CENTER
SAN BERNARDINO CA 92408 (A NON-PROFIT CORPORATION) _
03-18-99
PRINTED: P0408
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