HomeMy WebLinkAbout03854 - PSUSD TV STATION OPERATIONS CDBG SUBRECIPIENT R 19021 ?AF-IL,, City of Palm Springs
F Community Redevelopment Agency
MEMORANDUM
Date: August 14, 2003
To: Barbara White, Assistant City Clerk
From: John Raymond, Director of Community& Economic Develop
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 idelified 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
A2957 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 ��p► my ,��,, nnd.'l �/ C �/�,n,
Service: Lease Agreement , '^� r �' W V' ✓��"' u"�,
____ _ nnini. � 96064/f' s
_
kwl'-��osiiig Son 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 File
����
A3854 ' 97-98 Subrecipient Agr,Adult School 09/24/1997 09/01/1998 " 4g
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 GC,n6CtFlP � ��
Contractor :Small Business Development Center Insurance Status: Certificate and Policies are OK
XREF: COMMUNITY& ECONOMIC DEVELOPMENT (�
D
Service: In File �f �0
A4013 1998-99 CDBG Job Re-employment 04/15/1998 08/01/1999gt�9O
Contractor:Desert Aids Project Insurance Status:A policy will expire soon. /
XREF: COMMUNITY& ECONOMIC DEVELOPMENT
Service: In File H� /
PSUSD/PS Adult School
Subrecip Agr - TV Station
Operation Project
AGREEMENT #3854
SUBRECIPIENT AGREEMENT R19021, CM Signed, 9-24-97
THIS AGREEMENT (herein "Agreement") , is made and entered into
this 1st day of July , 1997, by and between the CITY OF
PALM SPRINGS, (herein "City) , a municipal corporation, and the PALM
SPRINGS UNIFIED SCHOOL DISTRICT/PALM SPRINGS ADULT SCHOOL, (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
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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 FORTY
THOUSAND DOLLARS ($40, 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 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:
William E. Diedrich, Ph.D. ,
Superintendent
333 South Farrell Drive
Palm S rn ingc, CA 9226?
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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;
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
Protegtion Act of 1973 (P.L. 93-234) ;
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(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 3.5 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; of
(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 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 Indemnificati.on. 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 negligence or that of
its officers or employees.
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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.
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:
Palm Springs Unified School District
232 South Farrell Drive
Paim sprigs. CA 92264
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 O,F�PSALM SP�RIINGS,
Dated: �1 (� ( By: ��= i%� /iaL12
f City Manager
ATTEST:
City-'Clerk �.�'��'E�".�8'u:�i_1 �f q r: 6'Sf�'"n` '.�;allflll
APPROVED AS TO FORM: ��� ✓iti��
RUTAN & TUCKER
City AtetQrhey
CONTRACTOR:
Palm Springs Unified School District
Dated: By: /
Name: William E. Diedrich, Ph.D.
Title: Superintendent
8
III. PROJECT INFORMATION:
A) Amount of Funding Requested: $ 40,000.00
Vocational Training: Television Station Operations
Project information:
The City of Palm Springs currently owns and operates television
equipment that is utilized several times a week to air city council
meetings, workshops, study :sessions and commission meetings. Palm
Springs Adult School offers vocational training to the community
and is seeking ways to expand their program offerings. It has been
identified by the city that the television equipment is now under
used and is available to train people in operating and producing
television programs. Palm Springs Adult School as part of the Palm
Springs Unified School District can develop the curriculum and hire
an instructor to provide such a program. This collaborative
project would provide employment skills which will ultimately lead
to jobs. Palm Springs Adult School has an excellent record of
tracking students who are employed after completing their
vocational program.
This project would be open to any member of the community, but
outreach will be given to citizens in lower income areas of the
city. This process is already in place under other grant programs
at the school. The curriculum will also be developed to include
elective credits for high school students who could attend the
adult school program after their regular scheduled day.
1
The following courses could be developed for this project:
Television Producer, Video Operator, Camera Control Operator, Sound
Recording Technician, Film Videotape Editor. The classes would
include communication skills, television production skills, and
accessing the job market skills.
B) Forty (40) Palm Springs residents should benefit from the
Television Operations Project that is being proposed by the Palm
Springs Adult School staff. Students will attend class twenty (20)
hours per week for a total of eighteen (18) weeks. Enrollment will
be limited to twenty (20) students in each class.
C)
During the past year the Palm Springs Adult School has served five
hundred and forty-two) vocational students:
AREAS SERVED: % FROM AREA
DESERT HOT SPRINGS 20%
CATHEDRAL CITY 35%
PALM DESERT 5%
PALM SPRINGS 40%
The Palm Springs Adult School has expanded the Computer Operator
Software Applications vocational program during the current school
year. It is anticipated that an additional one hundred fifty (150)
students will benefit from this program during the next six months.
Therefore the total served will be approximately six hundred
ninety-two (692) students for the 1996/1997 school year.
2
Taking into consideration the expected growth in the vocational
r program, the percentages from each area will be as follows:
AREAS SERVED: $ FROM ,AREA
DESERT HOT SPRINGS 20%
CATHEDRAL CITY 30%
PALM DESERT 15%
PALM SPRINGS 35%
D)
The Palm Springs Unified School District/Palm Springs Adult School
is a public school governed by the California State Department of
Education and the Palm Springs Unified School District Board of
Education. District Superintendent, William E. Diedrich, Ph.D. is
in charge of the Palm Springs Unified School District under the
supervision of the Board of Education.
Virginia R. Donnellan, Ph.D,. , Principal of the Palm Springs Adult
School, will administer the project's day-to-day operations under
the supervision of the Superintendent of Schools. The Palm Springs
Adult School has been an on•-going operation since 1995.
3
E)
The Palm Springs Adult School was reorganized in 1985 by the Palm
Springs Unified School District Board of Education and was provided
with a $50, 000 budget for the first school year. Under the
leadership of the adult school principal, the adult school expanded
from evening classes only until it currently operates from 9: 00
a.m. - 7: 30 p.m. Grant monies were obtained through various local,
state and federal agencies enabling the Adult School to add state-
of-the art technology to its educational program. The current
approved budget for the Adult School is $529, 387.00.
Due to funding received, the adult school was able during the
1995/96 school year to provide vocational training for the
following students:
NAME OF PROGRAM STUDENTS
CNA 101
MEDICAL ASSISTANT 82
(BACK OFFICE)
MEDICAL ASSISTANT 55
(FRONT OFFICE)
COMPUTER OPERATOR 88
FLORAL DESIGNER 83
Fifteen (15) students received an Adult High School Diploma and
thirty-three (33) students received General Educational Development
Diplomas (GED's) .
4
F)
The Palm Springs Adult School has received CDBG funds from the City
of Palm Springs for the past three years. The award during the
first year (1994/1995) was $15,000, the second year, 1995/96 was
$40,000 and for the current year 1996/97 the award was $40,000.
The contact with the City, of Palm Springs has been Francesca
Toscano Merritt. Each year the number of students that the Palm
Springs Adult School has been able to provide vocational training
for has increased considerably. The expansion of the vocational
programs have been due to the additional funding received by the
Adult School.
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• i
IV. BUDGET SUMMARY
CDGB funds obtained from the City of Palm springs will be used
exclusively for the Television Stations Operations project for
residents of the Palm Springs community.
Adult School fund that are utilized to fund the adult school
programs are from the following sources:
State of California Department of Education -
Grant No. 93-93-3055-67173
Adult Education Section 321 - Adult Basic Education/English-
as-a-Second Language - $ 20,300
School Year 1996/97
State of California Department of Education -
Grant No. 33 67172-2:32
Carl D. Perkins Vocational and Applied Technology Education
Act of 1990 (PL-101-392;1 - $77,795.00
School Year 1996/97
City of Palm Springs/Desert Unity Center "Push Out" Grant
- $40, 000
School Years 1996/97
*Apportionment allocating Base Revenue amounts of monies from
the State of California based on the average daily attendance.
-$360,205.01
CDBG Program funds are not are required as matching funds for the
Adult School program.
PALM SPRINGS UNIFIED SCHOOL DISTRICT
PALM SPRINGS ADULT SCHOOL
PROPOSED BUDGET FOR TELEVISION STATION OPERATIONS PROJECT
1997/98 SCHOOL YEAR
Account Object Instruction Administration Testing Total
1 1000 Certified 18, 266.40 18, 266.40
2 2000 Classified 5,479.92 5,479.92
3000 Benefits 2 , 375.00 1, 095.80 3, 470. 80
3
4000 Books 4, 600.00 4,600. 00
4 Supplies
5000 Services 5, 182 .88 2 ,000. 00 1, 000. 00 8, 182.88
5
6 1 Total 130,424 . 28 8,575.72 1, 000.00 40, 000. 00