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HomeMy WebLinkAboutAtascadro Youth Task Force/Mentor Alliance CDBG Grant # 99043 k CITY OF ATA DE + NTRACT AGREEMENT FOR GRANT OF CDBG FUNDS TO ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT THIS AGREEMENT is made and entered into this day of d6V , 1991, by and between ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT, a California nonprofit corporation (hereinafter referred to as "ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT", and the CITY OF ATASCADERO, a political subdivision of the State of California (hereinafter referred to as"the City"). WITNESSETH: WHEREAS, ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT provides support to low income youth by pairing them with caring adults who provide positive experiences; and WHEREAS, ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT requested funding in the amount of $10,000 through the Community Development block Grant (CDBG) Program to provide staffmg for this program; and WHEREAS, on April 28, 1998 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 Part 570), hereinafter referred to as the "1998 Consolidated Plan," providing for $10,000 from the 1998 CDBG Program to enable ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT to carry out the project; and WHEREAS, HUD approved the 1998 one year action plan of the consolidated Plan by executing a grant agreement; and 1 1998 CDBG ATASCADERO YOUTH TASK FORCE-R.E.C. 1%W WHEREAS, ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT is an eligible entity (a nonprofit 501(C)(3) corporation) to act as designated project sponsor and, as such, ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT will carry out the Project; and NOW, in consideration of the mutual promises, recitals and other provisions hereof, the parties agree as follows: 1. Scope of Activities (a) Within 18 months after the approval of this Agreement, ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT shall complete the following activities: Hire and train coordinator, screening and training of mentors, placement of mentor/mentees, continued support and training. (b) During the term of this Agreement ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT shall operate the program as above described. 2. Reporting (a) ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT shall submit quarterly progress reports to the City Administrative Services Department describing the progress made toward accomplishing the above-listed activities. ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT has accomplished, with sufficient detail to enable the City to properly evaluate 2 1998 CDBG ATASCADERO YOUTH TASK FORCE-R.E.C. ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT performance in completing the objectives and activities of the Project. (b) ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT further agrees to submit an annual report to the City Administrative Services Department certifying the continuing operation of the program. (c) The City shall prepare and submit all CDBG reports required under its Grant Agreement with HUD. 3. City Responsibilities City shall be responsible for fulfilling responsibilities of the Grantee pursuant to the Grant Agreement. 4. Relationship to Grant Agreement ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT acknowledges and agrees that this Agreement is subject to the obligations and limitations imposed on the City by the Grant Agreement and all future amendments to Grant Agreement and is intended to be in conformance and harmony with it. ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT further acknowledges that if the Grant Agreement is terminated by the United States Government, prior to its implementation by appropriation and/or funding, 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT. ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT hereby expressly agrees to the provisions of the Grant Agreement and further expressly agrees that nothing in this Agreement shall be deemed to require the City to perform an obligation in conflict with the Grant agreement. ATASCADERO YOUTH 3 1998 CDBG ATASCADERO YOUTH TASK FORCE-R.E.C. TASK FORCE - MENTOR ALLIANCE PROJECT further agrees that the city's rights to enter into amendments to the Grant Agreement is not, and shall not be restricted or impaired, in any way, by this Agreement. 5. Compensation Subject to the terms and conditions of this Agreement (including the availability of CDBG funds to the City), City shall provide to ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT the amount of $10,000 to enable ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT carry out the Project. In no instance shall the City be liable for any costs of the Project in excess of $10,000, nor for any unauthorized or ineligible costs. ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT shall not obligate or expend any part of the $10,000 for purposes other than the program previously described. Payment for the foregoing shall be in accordance with the following procedure: (a) ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT shall submit a request for payments to the City, along with documentation (work invoices, photos, etc.) for those activities for which the payments are being requested. (b) Payment will be made to ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT within 30 days of the request being approved by the City. (c) If the Project is not successfully completed, the $10,000 will be returned to the City Administrative Services Director. 4 1998 CDBG ATASCADERO YOUTH TASK FORCE—R.E.C. 6. Term of Agreement The term of this Agreement shall commence on the date first above written and shall terminate 20 years from-the date, unless sooner terminated as hereinafter provided. 7. Termination of Agreement for Cause If City determines that ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT has failed to fulfill its obligations under this Agreement in a timely and professional manner, or if ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT makes a general assignment for the benefit of ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT creditors, or if a receiver should be appointed in the event of ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT insolvency, then City shall have the right to terminate this Agreement effective immediately upon giving written notice thereof to ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT. 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 termination of ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT Agreement for cause is defective for any reason, including but not limited to City's reliance on erroneous facts concerning 5 1998 CDBG ATASCADERO YOUTH TASK FORCE-R.E.C. )UTH TASK FORCE - MENTOR ALLIANCE PROJECT PO YOUTH TASK defect in the notice thereof, City's maximum liability shall not )oses not authorized )ayable to ATASCADERO YOUTH TASK FORCE - MENTOR .to ATASCADERO 'T under paragraph five (5) of this Agreement. t City's request, pay or Convenience ierly expended. Zinate this Agreement at any time by giving the other party 30 days i termination. Termination shall have no effect upon the rights and _IANCE PROJECT rties arising out of any transaction occurring prior to the effective itractor, and nothing ion. Contractor shall be paid for all work satisfactorily completed employer-employee late of said termination. ZO YOUTH TASK Xvailability of Funds RO YOUTH TASK A by the parties thereto that the funds being used for the purpose of r contractors are or 'ands furnished to City through HUD pursuant to the provisions of connection with the nding any other provision of this Agreement, the liability of City 14TOR ALLIANCE ,DBG funds available for the project. ATASCADERO YOUTH NTOR ALLIANCE PROJECT understands that City must wait for n HUD before grant funds may be advanced or reimbursed. City hereunder to ensure ility to ATASCADERO YOUTH TASK FORCE - MENTOR ; applicable federal, 7T, its officers, agents, employees, suppliers, or contractors for any ZO YOUTH TASK such payments. )rk found by such °nt of Improper Expenditures rrected and that city vithin applicable statutory periods of limitation it is determined by )RCE - MENTOR is duly authorized representatives, or by the United States Secretary ply authorized representatives that funds provided for under the terms �DERO YOUTH TASK FORCE-R.E.C. NNW 1*M0 13. 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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) ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT understands that ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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. 14. 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. (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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT Expenditures for work not described in paragraph one (1) of this Agreement 8 1998 CDBG ATASCADERO YOUTH TASK FORCE-R.E.C. Iwro 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. 15. Indemnification ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT or of agents, employees, or independent contractors directly responsible to ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT; 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT, its agents, employees, or independent contractors and the City, its agents, employees, or independent contractors. Nothing contained in the foregoing 9 1998 CDBG ATASCADERO YOUTH TASK FORCE—RE.C. **Moe indemnity provisions shall be construed to require indemnification for claims demand, damages, costs expenses or judgments resulting solely from the conduct of the City. 16. Insurance ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT shall obtain and maintain for the entire term of this Agreement and ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT shall not perform any work under this Agreement until ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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 — ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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". 10 1998 CDBG ATASCADERO YOUTH TASK FORCE-R.E.C. (2) The policy must cover personal injury as well as bodily injury. (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, ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT is required to be insured against liability for workers' compensation or to undertake self-insurance for any individuals working as employees of ATASCADERO YOUTH TASK FORCE MENTOR ALLIANCE PROJECT. ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT: (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. 11 1998 CDBG ATASCADERO YOUTH TASK FORCE-R.E.C. (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. (3) Approval of the insurance by City shall not relieve or decrease the extent to which ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT may be held responsible for payment of damages resulting from ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT services or operations pursuant to this Agreement. (d) If ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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. 17. Equal Employment Opportunity During the performance of this Agreement, ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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. 18. 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 12 1998 CDBG ATASCADERO YOUTH TASK FORCE-R.E.C. (c) Comply with the applicable Equal Opportunity requirements described in 24 CFR 570.607. (d) Maintain at least the minimum state-required workers' compensation insurance for those employees who will perform the work or any part of it. (e) Maintain, if so required by law, unemployment insurance, disability insurance and liability insurance in an amount to be determined by the State which is reasonable to compensate any person, firm, or corporation who may be injured or damaged by ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT or any subcontractor in performing the work or any part of it. 21. Compliance with City County and State Laws and Regulations ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT, its subcontractors, and the work. 22. Compliance with Federal Laws and Regulations ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT agrees to comply with all federal laws and regulations applicable to the CDBG program and to the work. 23. No Assignment Without Consent Inasmuch as this Agreement is intended to secure the specialized services of ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT, and ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT shall not have the right to assign or transfer this Agreement, or any part hereof or monies payable 14 1998 CDBG ATASCADERO YOUTH TASK FORCE-RE.C. *MW1 vow unless in writing and signed by all parties hereto. ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT specifically acknowledges that in entering into and executing this Agreement, ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT relies solely upon the provisions contained in this Agreement and no others. 19. Funding for Additional Services 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT 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 ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT for the purpose of this Agreement over and above the funds expressly allocated under the terms of this Agreement. 20. Contractors and Subcontractors ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT agrees to, and shall require its subcontractors to agree to: (a) Perform the work in accordance with federal, state and local housing and building codes as applicable. (b) Comply with the Labor Standards described in 24 CFR 570.603 and with the provisions of the California Labor Code, as applicable. 13 1998 CDBG ATASCADERO YOUTH TASK FORCE-R.E.C. 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. 24. Law Governing and Venue 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. 25. 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. 26. Binding on Successors in Interest All provisions of this Agreement shall be binding on the parties and their heirs, assigns and successors in interest. 27. Effect of Waiver 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. 15 1998 CDBG ATASCADERO YOUTH TASK FORCE-R.E.C. 28. Patents &Royalties (a) ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT shall provide and pay for all licenses and royalties necessary for the legal use and operation of any of the equipment or specialties used in the Project. Certificates showing the payment of any such licenses or royalties, and permits for the use of any patented or copyrighted devices shall be secured and paid for by ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT and delivered to the City upon completion of the Project, if required. (b) ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT shall assume all costs arising from the use of patented materials, equipment, devices, or processes used in or incorporated in the Project and agrees to indemnify and hold harmless the City and its duly authorized representatives, from all suits of law, or actions of every nature for or on account of the use of any patented materials, equipment, devices, or processes. 29. 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 required to be given to City shall be addressed as follows: Administrative Services Director, City of Atascadero, 6500 Palma Avenue, Atascadero, CA 93422. Notices required to be given to ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT shall be addressed as follows: ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT, Attention: George Dodge, 5901 East Mall, Atascadero, CA 93422. 16 1998 CDBG ATASCADERO YOUTH TASK FORCE-R.E.C. %bw 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. ATASCADERO YOUTH TASK FORCE - MENTOR ALLIANCE PROJECT O AD G E CITY OF ATASCADERO N WADE G. McKINNEY City Manager APPROVED AS TO FORM AND LEGAL EFFECT: ROY ANLE City A ey 17 1998 CDBG ATASCADERO YOUTH TASK FORCE-R.E.C.