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HomeMy WebLinkAbout03920 - INLAND EMPIRE ECONOMIC PARTNERSHIP FALA,i City of Palm Springs '�� . 2 Community Redevelopment Agency III ' MEMORANDUM 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 ideilified closed contracts. Page: 3 Report: Expired Contracts: Oldest Date= / / and XREF= COMMUNITY& ECONOMIC DEV-Summary July 24, 2003 Contract Number Description Approval Date Expiration Date Closed Date' A2967 Lease at 215 S. Palm Cyn, Village Green 04/01/1992 04/01/1997 Contractor :Agua Caliente Cultural Museum Insurance Status: Certificate and Policies are OK XREF: COMMUNITY& ECONOMIC DEVELOPMENT 1 I ) Service: Lease Agreement I c �r �j B YI�. F�L C 7M nnin., ii� 9603 n Insurance Status: XREF: COMMUNITY& ECONOMIC DEVELOPMENT Insurance Status: XREF: COMMUNITY& ECONOMIC DEVELOPMENT A3853✓ 97-98 Subrecipient Agr C D B G 09/24/1997 09/01/1998 Contractor:P.S. Unified School District Insurance Status: Certificate and Policies are OK ��� XREF: COMMUNITY& ECONOMIC DEVELOPMENT Service: In Filefj?g� � A3854 / 97-98 Subrecipient Agr,Adult School 09/24/1997 09/01/1998 Contractor:P.S. Unified School District Insurance Status: Certificate and Policies are OK XREF: COMMUNITY& ECONOMIC DEVELOPMENT Service: In File A3920 1997-98 CDBG Inland Empire Economic Partnership 03/12/1998 03/01/1999 Contractor :Small Business Development Center Insurance Status: Certificate and Policies are OK / XREF: COMMUNITY& ECONOMIC DEVELOPMENT Service: In File A4013 1998-99 CDBG Job Re-employment 04/15/1998 08/01/1999 Contractor:Desert Aids Project Insurance Status: A policy will expire soon. �y / XREF: COMMUNITY& ECONOMIC DEVELOPMENT C // Service: In File `'t �/�!� Inland Empire SBDC/Coachella • Valley SBDC CDBG 97/98 Small Business Develop. Ctr. AGREEMENT #3920 CM Signed, 3-12-98 SUBRECIPIENT AGREEMENT THI$ AGREEMENT (herein "Agreement") , is made and entered into this /2` - day of �� f� 1998, by and between the CITY OF PALM SPRINGS, (herein "Cit:y) , a municipal corporation, and the 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 1 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 public service a sum not to exceed TWENTY-FIVE THOUSAND DOLLARS ($25, 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 administra- tively 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 reim- bursement or encumbrance of at least 25% 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 Michael Roessler, Assistant Director 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) ; 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 5 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 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 ($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 6 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. 7 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: Inland Empire SBDC/Coachella VAlley SBDC 1157 Spruce Street Riverside, CA 7 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 CITY F PALM SPRINGS, Dated: By: � City Manager ATTEST: C-ty Clerk APPROVED AS TO FORM: � Co Ge9�y. RUTAN & TUCKER f City A L-drndy 8 CONTRACTOR: pp Inland Empire SBDCp Dated: � Z- V �V �Y By: iMwl.�Lu.< Name: 'c&1d� �<;-v 4 Title: 9 EXHIBIT "A" SCOPE OF SERVICES The Coachella Valley SBDC wall 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 BUDGETSUMMARY TOTAL BUDGET REQUESTED Personnel Salaries and Fringes $ 80,000.00 $ 14,500.00 Contract Consultants/Staff Support $ 10,000.00 SUB-TOTAL $ 90,000.00 $ 14,500.00 Non-Personnel Rent $ 12,000.00 $ 10,500.00 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 $ 10,500.00 TOTAL OPERATIONAL COSTS :6 134,350.00 $ 25,000.00 FUNDING SOURCE AMOUNT California Trade and Commerce :6 94,350.00 City of Indio $ 10,000.00 County of Riverside $ 5,000.00 City of Palm Springs CDBG $ 25,000.00 TOTAL SOURCES OF FUNDS $ 134,350.00 Page 1 ACIIM). CERTIFICOE OF INSURANCE i 0DATE 4/`03/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Goldware & Taylor Ins. Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8310 Magnolia Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Riveride - COMPANIES AFFORDING COVERAGE Riverside, CA 92504 COMPANY ATravelers Indemnity Co. INSURED Inland Empire Economic COMPANY Partnership 301 E. Vanderbilt, Suite #100 co CANv San Bernardino, CA 92408 �Iq COMPANY D COVERAGES THIS IS TO CERTIFY THAT 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTA TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY I680185YO883TCT98 03/04/98 03/04/99KDAMAGE GGREGATE $2 0OO 000 X COMMERCIAL GENERAL LIABILIT COMP/OPAGG $2 000 000 CLAIMS MADE OCCUR PERSONAL ADV INJURY $1 O0O 000 WNEWS&CONTRACTOR'S PROT R REN CE $1 OOO OOO E(Any one flre)$30O 000 ny one person) $5000 AUTOMOBILE LIABILITY ANVAUTOSINGLE LIMIT $ ALL OWNED AUTOS BURY $ SCHEDULED AUTOS (Perer personerson)) HIRED AUTOS B NJURV $ NON-O W NE D AUTOS (Perer asrI accltlenl) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACHACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHERTH AN UM BRELLAFORM _ WORKERS COMPENSATION AND STATUTORY L IMITS EMPLOYERS'LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE CFFICERSARE. EXCL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS *10 Days Notice of Cancellation For Non-Payment of Premium Applies. The Certificate Holder is recognized as Additional Insured with respects General Liability Coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBE D POLICIES BE CANCELLE D BEFORE THE City of Palm Springs, City Clerk EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL P.G. BOX 2743 *3 Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Palm Springs, CA 92263 BUT FAI LURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OB LIGATION OR LIABI LITY OF AN-Y KIND UPON TH C MPANY ITS AGENTS OR REPRESENTATIVES, AUT 12ED REPRESEN� TIV ^q ACORD 25-S(3/93)1 of .,4 795 C � I�l M ©PACORD CORPORATION 1993 MAY-07-98 THU 10: 11 AM IEEP FAX N0, 909 890 1088 P. 02 I ST T R0,6OX 420807,SAN FRIANCISCO,CA 94142.0807' 6 b M r Y-'beret All O N c,/ "•Y YVtiUI'F I'M.PN�%r'; U N D CFRTIFIbArI;OF WORKERS'COMPENSATION INSURANCE MAY, r" I,cml 1444415 - 96 r OLICY Nxpjri s. 1-99 L'LH fll'ICATG F.xnIRESt t,ITY DF PALM SPRING;? I)f.111Lp1140 AND SAFETY DEPARTMENT PlO.' 30iX i1"I'43 PALM ;ilt-')PNWDF.i CA `226:F —274 x, JWA : ALL f AUFURNIA t7PERATIONS I; l hi,into c:el lily titer car, lino is„vapnl o valld VJarkn,.rs' r)nmPansation insurance policy Ina form approved by the Calitornla ',,, 'Insurnncr gtniprll:!;inner lu the r=niployr,r I'nlnne;d fuel�w fijr the p❑licy hcriud Inelintrd. , — This pnlipy is rltu subject in rnnct,llnflon by the Fund oKQrpt upon ten clays'advance.wrliten notice tb the employer. .yy,;I will;.Ilse give you Tf:N notice should 1114;policy be cancelled prior to its rlormal expiration. 'I'Pllr,ecvrtitir.;Yle tit iilsum m;o ir; not an tn;urani,^ l"'olicy;end does not amend, dxtend"or alter the cpveraye afforded by tho pollcics Iistrr,rj j,Tarrin_ Nutwilht tb)hclin0 ariy rcquirurnenl, lerin, or rondilion of any contract or other document with rolpant"to 'whiol thi> oortiflnalr:'of in6nr,'3nce n1ay bo i„urd or 'may pellaln, thr, insurance afforded by tho Policies' dcp;orihod hcl'Eiin.IS s:uh]rrt to nil the,loroie,rxolusionr;;and rondltions 01 surl Policies. , , _.-.,1yc.my r • " fI1T(11,11II';;I:It lib r'Ilr^•k NTA-I It(I; nFILFiIDLNT EMPLOYE S IJAHILIT'Y LIMIT INCLUNNC DEFENSE V115T9: $13 000,000 PER OCCURRENCE. , r rnr-L.uvcr; L. INL0N'D EMPTW. ECONOMIC PARJWERSHIR 1w 9MALL, HLJRINE,S I7PVELOPMENT CENTER 301, EAST On'N' 1ERBILT EtJIT ' 1140 ,. E3AN, Hf.-.RM1lAl2f1I190 69, 924gla kwa. •