HomeMy WebLinkAbout2002-022 EOC 40 Wonderful Program CrtrY OF ATASCADERO
CONVTRACT#--
AGREEMENT BETWEEN THE CITY OF ATASCADERO AND
THE EOC TO
IMPLEMENT THE FORTY WONDERFUL PROGRAM
USING CDBG FUNDS
THIS AGREEMENT is made and entered into this 1.2 day of kk'), 2002, by
and between ECONOMIC OPPORTUNITY COMMISSION OF SAN LUIS OBISPO
COUINTY, a California nonprofit corporation (hereinafter referred to as "EOC", and the
CITY OF ATASCADERO, a political subdivision of the State of California (hereinafter
referred to as "the City").
WITNESSETH:
WHEREAS, the City of Atascadero will be using Community Development
Block Grant (CDBG) funds to implement a Forty Wonderful Program (hereinafter
referred to as "the Program") for low and very low income residents of the City of
Atascadero; and
WHEREAS, the City of Atascadero is an entitlement jurisdiction implementing
the Housing and Community Development Act of 1974, herein called the "Act". Said
Act is omnibus legislation relating to federal involvement in a wide range of housing and
community development activities; and
WHEREAS, the parties participation in the programs funded by the Act is
pursuant to compliance with all applicable federal laws, regulations and executive orders;
and
WHEREAS, the San Luis Obispo County Board of Supervisors approved the
county of San Luis Obispo Consolidated Plan and projected use of funds pursuant to
applicable federal regulations (24 CFR 91.220), hereinafter referred to as the "2002
2002 CDBG Agreement-EOC 1
Consolidated Plan," providing for $2,000 from the 2002 CDBG Program to enable EOC
to carry out the project; and
WHEREAS, HUD approved the 2002 one year action plan of the consolidated
Plan by executing a grant agreement; and
WHEREAS, the Program meets the eligibility criteria by providing assistance to
low and moderate income persons through eligibility requirements according to 24 CFR
PART 58.35(b)(2)(3).
NOW, in consideration of the mutual promises, recitals and other provisions
hereof, the parties agree as follows:
1. Scope of Activities
Reproductive health screening for low income women over the age of forty.
2. Compliance with other Agreements
In accordance with the 2002 one year action plan, the City shall provide up to
$2,000 in CDBG funds to EOC in order to fund the Program as administered by EOC and
described in the Scope of Work.
3. Payment
The City of Atascadero shall approve and authorize payment of the 2002 CDBG
funds to EOC for completion of eligible tasks and activities pursuant to the Scope of
Work. Total payments to EOC for the Forty Wonderful Program shall not exceed $2,000.
Payments requested and approved by the 10th of the month shall be paid by the 20th of the
month. Payments requested and approved by the 20th day of the month shall be paid by
the 30th day of the month.
2002 CDBG Agreement-EOC 2
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4. Obligations and Limitations
EOC acknowledges and agrees that this Agreement is subject to the obligations
and limitations imposed on the City by the Department of Housing and Urban
Development (HUD). The City shall have the right to terminate or amend this
Agreement by giving written notice of the termination or amendment of this Agreement
to EOC.
5. Term
The term of this Agreement shall commence on the date first above written and
2003
shall terminate on December 31,x , unless otherwise sooner terminated as herein
provided.
6. Termination of Agreement for Cause
If City determines that EOC has incurred obligations or made expenditures for
purposes which are not permitted or are prohibited under the terms and provisions of this
Agreement, or if City determines that EOC has failed to fulfill its obligations under this
Agreement in a timely and professional manner, or if EOC is in violation of any of the
terms or provisions of this Agreement, or if City is given notice by HUD or the County
that HUD or the County is terminating its Grant Agreement with the City, or if EOC
makes a general assignment for the benefit of EOC creditors, or if a receiver should be
appointed in the event of EOC insolvency, then City shall have the right to terminate this
Agreement effective immediately upon giving written notice thereof to EOC.
Termination shall have no effect upon the rights and obligations of the parties arising out
of any transaction occurring prior to effective date of such termination. If City's
2002 CDBG Agreement-EOC 3
termination of EOC Agreement for cause is defective for any reason, including but not
limited to City's reliance on erroneous facts concerning EOC performance, or any defect
in the notice thereof, City's maximum liability shall not exceed the amount payable to
EOC under paragraph five (5) of this Agreement.
7. Termination for Convenience
Either party may terminate this Agreement at any time by giving the other party 30 days
written notice of such termination. Termination shall have no effect upon the rights and
obligations of the parties arising out of any transaction occurring prior to the effective
date of such termination. Contractor shall be paid for all work satisfactorily completed
prior to the effective date of said termination.
8. Sources and Availability of Funds
It is understood by the parties thereto that the funds being used for the purpose of
this Agreement are funds furnished to City through HUD pursuant to the provisions of
the Act. Notwithstanding any other provision of this Agreement, the liability of City
shall be limited to CDBG funds available for the project. EOC understands that City
must wait for release of funds from HUD before grant funds may be advanced or
reimbursed. City shall incur no liability to EOC, its officers, agents, employees,
suppliers, or contractors for any delay in making any such payments.
2002 CDBG Agreement-EOC 4
9. Rew ortin �
within 30 days of close of report period)
(a) EOC shall submit quarterly progress reportoo the City Administrative
Services Department describing the progress made toward accomplishing
the tasks and activities identified in the scope of work. EOC further
agrees to submit to the City Administrative Services Department a final
report within 60 days of completing the Project, describing which of the
Project objectives and activities EOC has accomplished, with sufficient
detail to enable the City to properly evaluate EOC performance in
completing the objectives and activities of the Project. Further, the report
shall contain any information needed by the City to prepare reports for
HUD.
(b) Quarterly reports shall be submitted on the form provided in this
agreement as required by HUD>
10. Use of Funds
If any time within applicable statutory periods of limitation it is determined by
City or by HUD or its duly authorized representatives, or by the United States Secretary
of Treasury or his duly authorized representatives that funds provided for under the terms
of this Agreement have been used by or on behalf of EOC in a manner or for purposes
not authorized or prohibited by said Act or regulations adopted pursuant thereto EOC
shall, at City's request,pay to city an amount equal to one hundred percent of the amount
improperly expended.
11. Employment Status
2002 CDBG Agreement-EOC 5
EOC shall, during the entire term of this Agreement, be construed as a contractor,
and nothing in this Agreement is intended nor shall be construed to create an employer-
employee relationship or a joint venture relationship. Neither EOC nor any of EOC
agents, employees, or contractors are or shall be considered to be agents or employees of
the City or HUD in connection with the performance of EOC obligations under this
Agreement.
12. Records
(a) All records, accounts, documentation and all other materials relevant to a
fiscal audit or examination, as specified by HUD, shall be retained by EOC for a period
of not less than three (3) years from the date of termination of this Agreement.
(b) If so directed by the City or HUD upon termination of this Agreement
EOC shall cause all records, accounts, documentation and all other materials relevant to
the work to be delivered to the City or HUD as depository.
(c) EOC understands that EOC shall be subject to the examination and audit
of the City Administrative Services Director for a period of three (3) years after the final
payment under this Agreement.
13. Audit
(a) All records, accounts, documentation and other materials deemed to be
relevant to the work by the City or HUD shall be accessible at any time to the authorized
representatives of the county, state or federal government, on reasonable prior notice, for
the purpose of examination or audit.
2002 CDBG Agreement-EOC 6
(b) An expenditure which is not authorized by this Agreement or which
cannot be adequately documented shall be disallowed and must be reimbursed to the City
or its designee by EOC. Expenditures for work not described in paragraph one (1) of this
Agreement shall be deemed authorized if the performance of such work is approved in
writing by the City or HUD prior to the commencement of such work.
(c) Absent fraud or mistake on the part of the City or HUD, the determination
by the City and HUD of allowability of any expenditure shall be final.
14. Indemnification
EOC shall defend, indemnify and save harmless the City, its officers, agents and
employees from any and all claims, demands, damages, costs, expenses, judgments, or
liability occasioned by the performance or attempted performance of the provisions
hereof, or in any way arising out of this Agreement, including, but not limited to, (a)
those predicated upon theories of violation of statute, ordinance or regulation, violation of
civil rights, (b) any adverse determination made by the Internal Revenue Service or the
State Franchise Tax Board with respect to EOC that would establish a City liability for
failure to make social security and income tax withholding payments, (c) inverse
condemnation, (d) equitable relief, or (e) any wrongful act or any negligent act or
omission to act on the part of EOC or of agents, employees, or independent contractors
directly responsible to EOC; providing further that the foregoing obligations to defend,
indemnify and save harmless shall apply to any wrongful acts, or any actively or
passively negligent acts or omissions to act, committed jointly or concurrently by EOC,
its agents, employees, or independent contractors and the City, its agents, employees, or
2002 CDBG Agreement-EOC 7
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independent contractors. Nothing contained in the foregoing indemnity provisions shall
be construed to require indemnification for claims demand, damages, costs expenses or
judgments resulting solely from the conduct of the City.
15. Insurance
EOC shall obtain and maintain for the entire term of this Agreement and EOC
shall not perform any work under this Agreement until EOC has obtained comprehensive
general liability insurance, in companies acceptable to the City, and authorized to issue
such insurance in the State of California. Said insurance shall consist of the following:
(a) Liability Insurance — EOC shall maintain in full force and effect, for the
period covered by this Agreement, comprehensive liability insurance. This
comprehensive general and automobile liability insurance shall include, but not be
limited to, protection against claims arising from bodily and personal injury, including
death resulting therefrom, and damage to property, resulting from any act or occurrence
arising out of EOC operations in the performance of this Agreement, including, without
limitation, acts involving vehicles. The amount of insurance shall be not less than one
million dollars ($1,000,000) combined single limit coverage for bodily and personal
injury, including death resulting therefrom, and property damage.
The following endorsements shall be attached to the policy:
(1) If the insurance policy covers an "accident" basis, it must be changed to
"occurrence".
(2) The policy must cover personal injury as well as bodily injury.
2002 CDBG Agreement-EOC 8
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(3) Blanket contractual liability must be afforded and the policy must contain a cross
liability or severability of interest endorsement.
(4) The City, its officers, agents, and employees shall be named as additional insured
under the policy, and the policy shall provide that insurance will operate as
primary insurance and that no other insurance affected by the City will be called
upon to contribute to a loss hereunder.
(b) Workers' Compensation Insurance — In accordance with the provisions of Labor
Code Section 3700, EOC is required to be insured against liability for workers'
compensation or to undertake self-insurance for any individuals working as employees of
EOC. EOC agrees to comply with such provisions before commencing the performance
of the work under this Agreement.
(c) The following requirements apply to all insurance to be provided by EOC:
(1) A certified copy of each insurance policy and a certificate of insurance
shall be furnished City within sixty(60) days after execution of this Agreement. A
CERTIFICATE ALONE IS NOT ACCEPTABLE. Provided, however, a
certificate of insurance shall be furnished City prior to the approval of any
advances by the Auditor-Controller of the City pursuant to this Agreement.
(2) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to City.
2002 CDBG Agreement-EOC 9
11*4W
(3) Approval of the insurance by City shall not relieve or decrease the extend
to which EOC may be held responsible for payment of damages resulting from
EOC services or operations pursuant to this Agreement.
(d) If EOC fails or refuses to procure or maintain the insurance required by
this paragraph, or fails or refuses to furnish City with required proof that insurance has
been procured and is in force and paid for, City shall have the right, at city's election, to
forthwith terminate this Agreement.
16. Equal Employment Opportunity
During the performance of this Agreement, EOC agrees that it will not
discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin, and specifically agrees to comply with the provisions of
Section 202 of Presidential Executive Order No. 11246.
17. Entire Agreement and Modifications
This Agreement sets for the full and entire understanding of the parties regarding
the matter set forth herein, and any other prior to existing understandings or Agreements
by the parties, whether formal or informal, regarding any matters are hereby superseded
or terminated in their entirety. No changes, amendments, or alterations shall be effective
unless in writing and signed by all parties hereto. EOC specifically acknowledges that in
entering into and executing this Agreement, EOC relies solely upon the provisions
contained in this Agreement and no others.
18. Funding for Additional Services
2002 CDBG Agreement-EOC 10
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Funding for any programs, projects, or services beyond the term of this
Agreement, by any new agreement or amendment or extension of this Agreement, have
not been authorized and will depend upon City's determination of satisfactory
performance of this Agreement by EOC and upon the availability to City of additional
grant funds allocated for such purposes. Neither City nor any employee of City has made
any promise or commitment, express or implied, that any additional funds will be paid or
made available to EOC for the purpose of this Agreement over and above the funds
expressly allocated under the terms of this Agreement.
19. Compliance with Federal Laws and Regulations
EOC agrees to comply with all City, County and State laws and regulations that
pertain to construction, health and safety, labor, fair employment practices, equal
opportunity and all other matters applicable to EOC, its subcontractors, and the work.
EOC agrees to comply with all federal laws and regulations applicable to the CDBG
program and to the work.
20. No Assignment Without Consent
Inasmuch as this Agreement is intended to secure the specialized services of
EOC, and EOC shall not have the right to assign or transfer this Agreement, or any part
hereof or monies payable hereunder, without the prior written consent of City, and any
such assignment or transfer without the City's prior written consent shall be considered
null and void.
21. Covenant
2002 CDBG Agreement-EOC 11
This Agreement has been executed and delivered in the State of California, and
the validity, enforceability and interpretation of any of the clauses of this Agreement shall
be determined and governed by the law of the State of California. All duties and
obligations of the parties created hereunder are performable in San Luis Obispo County,
and such County shall be that venue for any action, or proceeding that may be brought, or
arise out of, in connection with or by reason of this Agreement.
22. Enforceability
If any terms, covenant, condition or provision of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
23. Agreement Binding
All provisions of this Agreement shall be binding on the parties and their heirs,
assigns and successors in interest.
24. Waivers
City's waiver or breach of any one terms, covenant or other provision of this
Agreement shall be not a waiver of a subsequent breach of the same term, covenant or
provision of this Agreement or of the breach of any other term, covenant or provision of
this Agreement.
25. Notices
Unless otherwise provided, all notices herein required shall be in writing, and
delivered in person or sent by United States first class mail, postage prepaid. Notices
2002 CDBG Agreement-EOC 12
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required to be given to City shall be addressed as follows: Director of Public Works, City
of Atascadero, 6500 Palma Avenue, Atascadero, CA 93422. Notices required to be given
to EOC shall be addressed as follows: EOC Elizabeth Steinberg, Executive Director,
1030 Southwood Drive, San Luis Obispo, CA 93401.
Provided that any party may change such address by noticing in writing to the
other parties and thereafter notices shall be transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
Economic Opportunity Commission of San Luis Obispo County, a California non-profit
corporation
Eliza ah Steinberg, Exe ve Director
CITY OF ATASCADERO
WADE G. McKINNEY
City Manager
"HANL
RM AND LEGAL EFFECT:
2002 CDBG Agreement-EOC 13
Agency Name:
Program Name:
Quarterly/Year-End Report This Quarter Year to-date Total
.. Me .k .. .. x ...;
White,non-Hispanic
Black,non-Hispanic
Hispanic
Asian/Pacific Islander
American Indian/Alaskan Native
Income less than 30%of median
Income 31%to 50%of median
Income 51%to 80%of median
Male
Female
Developmentally disabled
Physically disabled
Age 18 or less
Amount
Cash Match
1.
2.
Federal Government
1.
2.
State
1.
2.
Local
1.
2.
Private Sources:
1.
2.
3.
4.
2002 CDBG Agreement-EOC 14
2002 CDBG Agreement-EOC 15
DATE(MMIDDIYY)
ACARD CERTIFIC " TE OF LIABILITY INSI "'ANCF,oF�D 04/10/02
PRODucER- THIS CERTIFICATEIVISSUED AS A MATTER OF INFORMATION
Morris & Garritano Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Pgency License #0305584 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
Drawer 1169 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Luis Obispo CA 93406-1189 INSURERS AFFORDING COVERAGE
Phone: 805-543-6887 Fax:805-543-3064
INSURED INSURER A: Philadelphia Insurance Company
INSURER B: Philadelphia Indemnity Ins Co
Economic OpportunityINSURER C:
Commission of San Luis Obispo
1030 Southwood Dr INSURER D,
I San Luis Obispo CA 93401
INSURER E:
_._
COVERAGES
TI IE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED WJdED 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 ALLTHE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMrrS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE POLICY NUMBER DATE MM1DD/YY DATE MM/DD LIMITS.
EACH OCCURRENCE $1,000,000__
GENERAL LIABILITY
A }{ COMMERCIAL GENERAL LIABILITY PHPK021924 04/01/02 04/01/03 FIRE DAMAGE(Anyone 6ro) 31,000,000
CLAIMS MADE D OCCUR MED EXP(Any one person) S 5,000
PERSONAL QADV INJURY S 1,000,000
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATF LIMIT APPLIES PER PRODUCTS-COMPIOP�fiSz
_
POLICY n PRO LOC "YI
JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S1,000,000—
ANY AUTO PHPK021924 04/01/02 04/01/03 (Ea accident)
ALL OWNED AUTOS BODILY INJURY $
(Per person)
I SCHEDULED AUTOS
—J HAZED AUTOS (BODILY INJURY
N U Y S
NON-OWNED AUTOS
PROPERTY DAMAGE S
(Per accident)
——"' AUTO ONLY-EA ACCIDENT $
GARAGE LIABILITY
ANY AUTO OTHER THAN FA ACC S
--{ AUTO ONLY: AGG .$ .
EACH OCCURRENCE $10,000,000
EXCESS LIABILITY
B 'XJUCCUR F'CLMMSMADE PHUB0028838 04/01/02 04/01/03 AGGREGATE $10,000,000
_ S
3
DEDUCTIBLE -
X�RETENTION $10,000
lO,000
WORKt:RS COMPENSATION AND TORY LIMITS ER
EMPLOYERS'LIABILLTYE•L EACH ACCIDENT S
E.L.DISEASE-EA EMPLOYE $
E.LDISEASE-POLICY LIMIT $
OnrER
�i-
DLSCfi,IPTI-ON OF OPERA'(lONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTlSPECfAL PROVISIONS
Re': Operations performed by the named insured. 10 Day Notice of
Cancellation for non-payment and non-reporting of payroll.
CERTIFICATE HOLDER N AODIT+ONAL INSURED;INSURER LETTER: CANCELLATION
--"" Clrl'XP�rr2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED DEFORE THE EXPIRATIO
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL ��DAYS WRITTEN
ff NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
City of Atascadero REPRESENTATIVES.
6500 Palma AUTHORIZED REI'RESE IVE
Atasca6aro CA 93422
I CORPORATION 1988
ACOIRD 25=S'(7/97) A r