HomeMy WebLinkAboutC-8482-5 - Community Development Block Grant (CDBG) Public Services Agreement FY 17-18COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC SERVICES AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
STANDUP FOR KIDS ORANGE COUNTY
THIS COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICES
AGREEMENT ("Agreement") is made and entered into as of this 1St day of July, 2017
("Effective Date") by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and STANDUP FOR KIDS, a California
nonprofit corporation ("Subrecipient"), whose address is P. O. Box 14398, Irvine,
California 92623 and is made with reference to the following:
RECITALS
A. City participates in the Community Development Block Grant ("CDBG") program,
Catalog of Federal Domestic Assistance number 14.218, administered by the
United States Department of Housing and Urban Development ("HUD"), under
Title I of the Housing and Community Development Act of 1974 (42 USC § 5301,
et seq.), as amended from time to time (the "Act"), and the regulations promulgated
thereunder (24 CFR § 570, et seq.) ("Regulations"). Pursuant to the Community
Development Block Grant program, City receives funds from HUD ("CDBG Funds")
and may use up to fifteen percent (15%) of its annual allocation of CDBG Funds
for public service activities (24 CFR § 570.201(e)(1).)
B. All activities funded with CDBG Funds must meet one of the CDBG program's
national objectives: benefit low- and moderate -income persons; aid in the
prevention or elimination of slums or blight; or meet community development
needs having a particular urgency as defined in 24 CFR § 570.208.
C. Subrecipient is a nonprofit organization that has applied to City for CDBG Funds
to aid in the cost of Subrecipient's operation of its StandUp for Kids Street Outreach
Program ("Program"), which meets one or more of the CDBG national objectives.
D. Subrecipient has never previously received a federally negotiated indirect rate, and
as such, requests, as a condition of this grant, to charge a flat de minimis indirect
cost rate of 10% of modified total direct costs.
E. City desires to engage the Subrecipient to assist the City in utilizing CDBG Funds
to serve the residents of Newport Beach in the form of a grant of CDBG Funds in
an amount not to exceed Four Thousand Five Hundred Dollars and 00/100
($4,500.00) ("City Grant") to be used by Subrecipient to assist with a portion of
those direct and indirect costs incurred in operating the Program for a 12 -month
period commencing July 1, 2017 and ending June 30, 2018 ("Award Year"), as
permitted by the Act and the Regulations on terms and conditions more particularly
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2018, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Statement of Services. Subrecipient shall utilize the City Grant to provide
the Program services to eligible persons as further described in the Program Description,
attached hereto as Exhibit A and incorporated herein by reference. Subrecipient agrees
that the Program Description contains an accurate estimate of the persons to be assisted
during the 2017-2018 Award Year.
2.2 Schedule for Completion. Subrecipient shall provide its services under this
Agreement for the Award Year commencing July 1, 2017 and ending June 30, 2018.
2.3 Budget. Subrecipient shall perform the services as set forth in the Program
Description in conformance with the proposed budget included in the Program
Description.
2.3.1 Subrecipient represents that the proposed budget includes only
allowable costs and an accurate analysis of costs acceptable under the CDBG Program
pursuant to the Regulations (24 CFR § 570.502(a)), which include requirements for
compliance with 2 CFR § 200, et seq., "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards" as specified. These items shall
be in sufficient detail to provide a sound basis for City to effectively monitor performance
under the Agreement.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Program services under this
Agreement and Subrecipient shall perform the Program services in accordance with the
schedule included in Exhibit A. In the absence of a specific schedule, the Program
services shall be performed to completion in a diligent and timely manner. The failure by
Subrecipient to strictly adhere to the schedule set forth in Exhibit A, if any, or to perform
the Program services in a diligent and timely manner may result in termination of this
Agreement by City.
3.2 For all time periods not specifically set forth herein, Subrecipient shall
respond in the most expedient and appropriate manner under the circumstances, by fax,
hand -delivery or mail.
4. CITY GRANT AND PAYMENT
4.1 Upon compliance with the reporting requirements outlined in Section 9
below, City shall reimburse Subrecipient an amount not to exceed Four Thousand Five
Hundred Dollars and 00/100 ($4,500.00), which shall constitute full and complete
reimbursement for the Program services provided under this Agreement for the entire
Award Year.
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4.2 The parties understand and agree that such reimbursement shall be
conditioned upon receipt of CDBG Funds by City from HUD and shall not be payable out
of any other funds of City. Payment shall be made in quarterly installments upon approval
by City of the quarterly reports as required by Section 9 below. City shall pay such
installment payments within thirty (30) days after receipt of the quarterly reports, provided
City is satisfied that such expenses were incurred within the scope of this Agreement and
that Subrecipient is in compliance with the terms and conditions of this Agreement.
4.3 In the event Subrecipient is in default under the terms of this Agreement,
City shall have no obligation to continue reimbursing Subrecipient for any Program
services performed after the date of default.
4.4 City reserves the right to withhold the City Grant until Subrecipient complies
with City's insurance requirements as set forth in Section 15.
4.5 City may withhold payment to Subrecipient of any disputed sums until
satisfaction of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Subrecipient shall not discontinue Program services as a result of such withholding.
Subrecipient shall have an immediate right to appeal to the City Manager or designee
with respect to such disputed sums. Subrecipient shall be entitled to receive interest on
any withheld sums at the rate of return that City earned on its investments during the time
period, from the date of withholding of any amounts found to have been improperly
withheld.
5. COMPLIANCE WITH LAWS
5.1 Subrecipient agrees to comply with all applicable federal, state, City and
local laws, regulations and policies governing the City Grant in the performance of this
Agreement, including the following:
5.1.1 The regulations, policies, guidelines and requirements of Title 24 of
the Code of Federal Relations ("CFR") Part 570 (the U.S. Housing and Urban
Development regulations concerning Community Development Block Grants), including
Subpart K and all amendments or successor regulations or guidelines thereto; except that
(1) Subrecipient does not assume City's environmental responsibilities described in 24
CFR § 570.604; and (2) Subrecipient does not assume City's responsibility for initiating
the review process under the provisions of 24 CFR Part 52.
5.1.2 City's CDBG Program Guidelines.
5.1.3 2 CFR Part 200 as related to the acceptance and use of federal funds
under the federally -assisted program and administrative requirements.
5.1.4 Executive Order 11246 (as amended by Executive Orders 11375
and 12086 (1978) and Executive Orders 13665 and 13672 (2014)) and implementing
regulations at 41 CFR Chapter 60, which require that during the performance of this
Agreement, Subrecipient shall not discriminate against any employee or applicant for
employment because of race, religion, sex, color or national origin. Subrecipient shall
consider all applicants without regard to their race, religion, sex, or national origin with
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respect to the following without limitation: employment, upgrading, demotion, or transfer:
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Subrecipient agrees
to post in conspicuous places, available to employees and employment applicants,
notices setting forth the provisions of this nondiscrimination clause.
5.1.5 In its solicitations or advertisements for employees, Subrecipient
shall state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
5.1.6 The restrictions against discrimination as required by Executive
Order 11063, as amended by Executive Order 12259 and implementing regulations at 24
CFR Part 107.
5.1.7 Title VI of the Civil Rights Act of 1964, and Section 109 of the
Housing and Community Development Act of 1974, which provides that no person shall,
on the grounds of race, color, national origin or sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
5.1.8 Section 504 of the Rehabilitation Act of 1973 (29 USC § 701 et seq.),
as amended, and implementing regulations.
5.1.9 The Age Discrimination Act of 1975 (42 USC § 6101 et seq.), as
amended, and implementing regulations.
5.1.10 Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 USC § 1701 et seq.) which requires that to the greatest extent feasible,
opportunities for training and employment be given to lower income residents of the
Program area and contracts for work in connection with the Program be awarded to
business concerns that are located in, or owned in substantial part by, persons residing
in the Program area.
5.1.11 The relocation requirements of Title II and the acquisition
requirements of Title III of the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970, as amended (24 CFR Part 42).
5.1.12 The restrictions prohibiting use of CDBG Funds for religious activities
as set forth in 24 CFR § 570.2000).
5.1.13 The labor standard requirements as set forth in 24 CFR Part 570,
Subpart K and HUD regulations issued to implement said requirements.
5.1.14 The program income requirements as set forth in 24 CFR § 570. 504.
Additionally, City requires remittance of all Program income balances held by
Subrecipient, with the exception of those needed for immediate cash needs, cash
balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or
investments held for Section 108 security needs.
5.1.15 Title VII of the Civil Rights Act of 1968 (42 USC Chapter 21) as
amended.
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5.1.16 The lead-based paint requirements of 24 CFR Part 35 issued
pursuant to the Lead -Based Paint Poisoning Prevention Act (42 USC § 4801 et seq.)
5.1.17 Executive Order 11988 and 11738 relating to the evaluation of flood
hazards and the prevention, control and abatement of water pollution.
5.1.18 The flood insurance purchase requirement of Section 102(a) of the
Flood Disaster Protection Act of 1978.
5.1.192 CFR § 200.312 as it pertains to maintaining a property inventory
system to numerically identify HUD purchased property and document its acquisition
date.
5.2 Subrecipient understands that every person who requests or receives a
federal contract, grant, loan or cooperative agreement from a federal agency or receives
or requests from a federal agency a commitment that would provide for the United States
to insure or guarantee a loan must file with that agency a written declaration and certify
that he or she has not made and will not make any prohibited expenditure. Further, any
person who requires or receives from a person referred to above, a subcontract under a
federal contract, a subgrant or contract under a federal grant, a contract or subcontract
to carry out any purpose for which a particular federal loan is made, or contract under a
federal cooperative agreement, is required to file a written declaration with the person
who received the federal contract, grant, loan or commitment to insure or guarantee a
loan.
6. PROGRAM MANAGER
Subrecipient shall designate a Program Manager, who shall be available to City at
all reasonable times during the Agreement term. Subrecipient has designated Justine
Palmore to be its Program Manager. Subrecipient shall not remove or reassign the
Program Manager.
7. CITY ADMINISTRATION
This Agreement will be administered by the Community Development Department.
Principal Planner or designee, shall be the City Administrator and shall have the authority
to act for City under this Agreement. The City Administrator or designee shall represent
City in all matters pertaining to this Agreement.
8. FINANCIAL RECORDS
8.1 General. Subrecipient shall keep records and invoices in connection with
the Program services to be performed under this Agreement. Subrecipient shall maintain
complete and accurate records with respect to the costs incurred under this Agreement
and any Program services, expenditures and disbursements charged to City, for a
minimum period of five (5) years, or for any longer period required by law, from the date
of final payment to Subrecipient under this Agreement. All such records and invoices
shall be clearly identifiable. Subrecipient shall allow a representative of City to examine,
audit and make transcripts or copies of such records and invoices during regular business
hours. Subrecipient shall allow inspection of all Program services, data, Documents,
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proceedings and activities related to the Agreement for a period of five (5) years from the
date of final payment to Subrecipient under this Agreement.
8.2 Financial Records. Subrecipient shall keep records of all CDBG Funds
received from City under the terms and conditions of this Agreement and of all costs and
expenses related to the Program in accordance with the provisions contained in 2 CFR
Part 200 with its subparts and appendices.
8.2.1 All CDBG Funds received by Subrecipient from City pursuant to this
Agreement shall be maintained separate and apart from any other funds of Subrecipient
or of any principal or member of Subrecipient in an account in a banking or savings and
loan institution.
8.2.2 No costs shall be invoiced or billed except for expenditures
authorized in the Program Description.
8.2.3 The itemized costs shall be sufficient detail to provide a sound basis
for City to effectively monitor costs under the Agreement. Subrecipient also agrees to
use the Payment Requests/Invoice Forms as provided by City.
9. REPORTING REQUIREMENTS
9.1 Subrecipient agrees to provide City with a written quarterly summary and
an unduplicated count of persons and/or families benefitted by Subrecipient's Program
on or before the 10th day of the following months: October, January, April, and July,
setting forth its activities for the previous quarter. The quarterly report shall contain,
without limitation, the ethnic group, income level, female head of household status, and
other data as may be requested by City, of each person assisted and the result of such
assistance. If Subrecipient fails to do so, City may withhold funds until the required written
quarterly reports are received. In addition to the quarterly report, Subrecipient shall, on
or before July 10, 2017, furnish City with a summary of Subrecipient's activities for the
Award Year.
9.2 Said quarterly summary shall include the following
9.2.1 Documentation of the income level of persons and/or families
participating in or benefitted by Subrecipient's Program;
9.2.2 Ethnicity, race and head of household data, consistent with 24 CFR
§ 570.506(g)(2); and
9.2.3 Any additional information such as new pamphlets, copies of
newspaper articles, or brief reports on any special accomplishments achieved by the
Program during the Award Year.
10. STANDARD OF CARE
10.1 All of the Program services shall be performed by Subrecipient or under
Subrecipient's supervision. Subrecipient represents that it possesses the professional
and technical personnel required to perform the Program services required by this
Agreement, and that it will perform all Program services in a manner commensurate with
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community professional standards and with the ordinary degree of skill and care that
would be used by other reasonably competent practitioners of the same discipline under
similar circumstances.
10.2 All Program services shall be performed by qualified and experienced
personnel who are not employed by City. Subrecipient certifies that the Program services
conform to the requirements of this Agreement and all applicable federal, state and local
laws.
10.3 Subrecipient represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Subrecipient to practice its profession. Subrecipient shall maintain a
City of Newport Beach business license during the term of this Agreement.
10.4 Subrecipient shall not be responsible for delay, nor shall Subrecipient be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Subrecipient's Program services promptly, or delay or faulty
performance by City, contractors, or governmental agencies.
11. HOLD HARMLESS
11.1 To the fullest extent permitted by law, Subrecipient shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents
volunteers, employees and any other person or entity owning or otherwise in legal control
of the property upon which Subrecipient performs the Program services contemplated by
this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, the performance
of Program services provided under this Agreement including, without limitation, defects
in workmanship or materials or Subrecipient's presence or activities conducted for the
Program (including the negligent and/or willful acts, errors and/or omissions of
Subrecipient, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
11.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Subrecipient to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorney's fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Subrecipient.
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12. INDEPENDENT CONTRACTOR
City retains Subrecipient on an independent contractor basis and Subrecipient is
not an agent or employee of City. The manner and means of conducting the Program
services are under the control of Subrecipient, except to the extent they are limited by
statute, rule or regulation and the express terms of this Agreement. No civil service status
or other right of employment shall accrue to Subrecipient or its employees or agents.
Nothing in this Agreement shall be deemed to constitute approval for Subrecipient or any
of Subrecipient's employees or agents, to be the agents or employees of City.
Subrecipient shall have the responsibility for and control over the means of performing
the Program services, provided that Subrecipient is in compliance with the terms of this
Agreement.
13. COOPERATION
Subrecipient agrees to work closely and cooperate fully with City Administrator and
any other agencies that may have jurisdiction or interest in the Program services to be
performed.
14. PROGRESS
Subrecipient is responsible for keeping the City Administrator and/or designee
informed on a regular basis regarding the status and progress of the Program, activities
performed and planned, and any meetings that have been scheduled or are desired.
15. INSURANCE
Without limiting Subrecipient's indemnification of City, and prior to distribution of
City Grant by City, Subrecipient shall obtain, provide and maintain at its own expense
during the term of this Agreement or for other periods as specified in this Agreement,
policies of insurance of the type, amounts, terms and conditions described in the
Insurance Requirements attached hereto as Exhibit B, and incorporated herein by
reference.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Program services to
be provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Subrecipient, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Subrecipient is a
partnership or joint -venture or syndicate or cotenancy, which shall result in changing the
control of Subrecipient. Control means fifty percent (50%) or more of the voting power,
or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -
venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform work on this Program are
identified in Exhibit A. Subrecipient shall be fully responsible to City for all acts and
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omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. Except as specifically authorized herein, the
Program services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
18. OWNERSHIP OF DOCUMENTS
18.1 Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Subrecipient,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Subrecipient or any
other party. Subrecipient shall, at Subrecipient's expense, provide such Documents to
City upon prior written request.
18.2 Documents, including drawings and specifications, prepared by
Subrecipient pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written authorization
from Subrecipient will be at City's sole risk and without liability to Subrecipient. Further,
any and all liability arising out of changes made to Subrecipient's deliverables under this
Agreement by City or persons other than Subrecipient is waived against Subrecipient and
City assumes full responsibility for such changes unless City has given Subrecipient prior
notice and has received from Subrecipient written consent for such changes.
19. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in City's latest adopted version
of Microsoft Word, Excel or portable digital format (.pdf).
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Program services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
21. INTELLECTUAL PROPERTY INDEMNITY
The Subrecipient shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
copyright, including costs, contained in Subrecipient's Documents provided under this
Agreement.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Subrecipient which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Program services provided by
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Subrecipient, the additional design, construction and/or restoration expense shall be
borne by Subrecipient. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CONFLICTS OF INTEREST
23.1 The Subrecipient or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Political Reform Act"), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially affected by
the Program services performed under this Agreement, and (2) prohibits such persons
from making, or participating in making, decisions that will foreseeably financially affect
such interest.
23.2 If subject to the Political Reform Act, Subrecipient shall conform to all
requirements of the Political Reform Act. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Subrecipient shall
indemnify and hold harmless City for any and all claims for damages resulting from
Subrecipient's violation of this Section.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Subrecipient to City shall be addressed to City at:
Community Development Department
Attn: Principal Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Phone: 949-644-3210
24.2 All notices, demands, requests or approvals from City to Subrecipient shall
be addressed to Subrecipient at:
StandUp for Kids
Attn: Justine Palmore
P. O. Box 14398
Irvine, California 92623
Phone: 949-510-4050
25. TERMINATION
25.1 This Agreement may be terminated at any time by either party upon thirty
(30) day's written notice to the other party. City may immediately terminate this
Agreement upon the termination, suspension, discontinuation or substantial reduction in
CDBG Funds for this Agreement activity or if for any reason the timely completion of
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Subrecipient's services is rendered improbable, infeasible or impossible. Additionally,
City may terminate this Agreement upon seven (7) day's written notice if City determines
in its sole discretion that such action is necessary to respond to an earthquake, fire or
other act of God. In such event, Subrecipient shall be compensated for all services
rendered and all necessarily incurred costs performed in good faith in accordance with
the terms of this Agreement that have not been previously reimbursed, to the date of such
termination, limited to the extent CDBG Funds are available.
25.2 In accordance with 2 CFR § 200, subpart D, suspension or termination may
occur if Subrecipient materially fails to comply with any term of this Agreement.
25.3 If the funding source exacts reimbursement from City for prior payments to
Subrecipient due to Subrecipient's failure to comply with any applicable term of this
Agreement, regulation or statute, Subrecipient shall reimburse City in the amount of such
disallowed payments.
25.4 The Agreement may be terminated for convenience in accordance with 2
CFR § 200.339(a)(4).
26. REVERSION OF ASSETS
26.1 Upon the termination or expiration of the term of this Agreement,
Subrecipient shall comply with 24 CFR § 570.503(b)(7) and transfer to City any CDBG
Funds on hand at the time of such termination or expiration and any accounts receivable
attributable to the use of CDBG Funds.
26.2 Any real property under Subrecipient's control that was acquired or
improved in whole or in part with CDBG Funds in excess of twenty-five thousand dollars
($25,000.00) shall either be: (a) used to meet one of the national objectives stated in 24
CFR § 570.901 until five (5) years after termination or expiration of this Agreement; or (b)
disposed of in a manner that results in City's being reimbursed in the amount of the
current fair -market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement to City shall not be required after the period of time specified in this
Section 26.2(a). Subrecipient shall not dispose of any real or personal property acquired
in full or in part with CDBG Funds through sale, use or relocation without the expressed
and prior written permission of City.
27. LOBBYING
Subrecipient hereby certifies that, in compliance with 31 USC § 1352:
27.1 No federal funds shall be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
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27.2 If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress or an employee of a
Member of Congress in connection with this federal contract, grant, loan or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
27.3 Subrecipient shall require that the language of this certification be included
in the contract documents for all sub -awards at all levels (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subcontractors shall certify and disclose accordingly.
28. CONDITIONS FOR FAITH -BASED ORGANIZATIONS
28.1 If Subrecipient represents that it is, or may be deemed to be, a religious or
faith -based organization, Subrecipient agrees that, in connection with performance of
Program services:
28.1.1 It will not discriminate against any person applying for Program
services on the basis of religion and will not limit Program services or give preference to
persons on the basis or religion;
28.1.2 It will provide no religious instruction or counseling, conduct no
religious worship or services, engage in no religious proselytizing, and exert no other
religious influence in the provision of Program services;
28.1.3 The funds received under this Agreement shall not be used to
construct, rehabilitate, or restore any facility which is owned by Subrecipient if such facility
is used as the Subrecipient's principal place of worship or is used for inherently religious
activities.
29. DRUG FREE WORKPLACE
Subrecipient shall comply with the Drug -Free Workplace Act (15 USC § 654), and
shall make all good faith efforts to continue to maintain a drug-free workplace, including
establishing a drug-free awareness program to inform employees about the dangers of
drug abuse and Subrecipient's policy and penalties for drug abuse violations occurring in
the workplace.
30. STANDARD PROVISIONS
30.1 Recitals. City and Subrecipient acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Subrecipient shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Program services performed by Subrecipient shall conform to
applicable City, county, state and federal laws, rules, regulations and permit requirements
and be subject to approval of the City Administrator and City.
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30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Program Description or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Subrecipient and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. In the performance of this Agreement,
Subrecipient shall not discriminate against any employee, subcontractor or employment
applicant because of race, color, creed, religion, sex, marital status, national origin,
ancestry, age, physical or mental handicap, medical condition or sexual orientation.
Subrecipient will take affirmative action to ensure that employees are treated without
regard to their race, color, creed, religion, sex, marital status, national origin, ancestry,
age, physical or mental handicap, medical condition or sexual orientation.
30.11 No Attorney's Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorney's fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
STANDUP FOR KIDS Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: �U,uk-,
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: to i 11;.,
By: l f'r By: 2
Aa on C. HarpKWJ Dae Kiff l
City Attorneys 4)s 0 City Manager
ATTEST: I ��
Date:
EM
AiJLeilani 1. Brown
City
��1
J„w
Attachme
SUBRECIPIENT:
ORANGE COUN'
corporation ,� /
Date: A/
J
[END OF SIGNATURES]
a — Program Description
Exhibit B — Insurance Requirements
STANDUP FOR KIDS
f, a California nonprofit
/0//
STANDUP FOR KIDS Page 14
EXHIBIT A
PROGRAM DESCRIPTION
STANDUP FOR KIDS Page A-1
FS
PpRT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Exhibit A: Program Description
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Program: StandUp for Kids Street Outreach Program
Subrecipient: StandUp for Kids Orange County
Description:
StandUp for Kids (SUFK-OC) was founded in 1990 and is a volunteer -based outreach and community -
support program for street -dependent youth. The organization will provide services by reaching out teens and
youths (ages 12-24) who are homeless, at -risk, aging -out foster youth, and runaways to equip them with the
tools they need to transition from life on the street to a life of stability and opportunity. SUFK-OC provides
necessities (food, hygiene products and clothing), bus passes, emergency housing, and medical expenses
not covered by Medi -Cal (co -payments for medical and dental exams, prescriptions, mental health, and
substance abuse treatments). CDBG funds will be used to pay for a portion of the salary of a case manager
and SUFK-OC has elected to receive the de minimis 10% indirect cost rate.
Eligibility:
Budget: -
HUD Matrix Code:
05 Public Services
Personnel Costs:
$4,090.91
Eligibility Citation:
570.201(e)
Indirect Cost:
$409.09
National Objective:
Low Mod Clientele
570.208(a)(2)(i)(A)
Total CDBG:
$4,500
Accomplishment Goals:
Implementation Schedule:
15 People
Start Date:
07/01/2017
End Date:
06/30/2018
Location / Service Area / Beneficiaries:
Administered By:
StandUp for Kids Orange County
83 Walton Street, Suite 500
Available to beneficiaries throughout the City? Yes
Atlanta, GA 30303
------------- Mailing Address: -------------
Help the homeless? Yes
P.O. Box 14398
Irvine, CA 92623
Help persons with HIV / AIDS? No
Justine Palmore
Help persons with Special Needs? No
Executive Director
Phone: (949) 510-4050
Page 1 of 3
Special Provisions
National Objective - Low- and Moderate -Income Limited Clientele – Presumed Groups:
Pursuant to 570.208(a)(2)(i)(A), the Program benefits a clientele who are generally presumed to be principally
low and moderate income persons. Activities that exclusively serve a group of persons in any one or a
combination of the following categories may be presumed to benefit persons, 51 percent of whom are low- and
moderate -income: abused children, battered spouses, elderly persons, adults meeting the Bureau of the
Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate adults,
persons living with AIDS, and migrant farm workers. Supporting documentation must be collected for each
client served by an activity under the presumed group designation. The documentation required to be
maintained as part of the client file for each respective presumed group includes:
Abused children:
Certification of abuse from client
Battered spouses:
Certification of abuse from client
Elderly persons:
Copy of government issued I.D. with date of birth
Disabled adults:
Certification of disability from client
Homeless persons:
Certification of homelessness from client
Illiterate adults:
Determination of illiteracy by Subrecipient
Persons with AIDS:
Certification from client
Migrant workers:
Certification from client
Personnel Costs:
Personnel Costs shall be supported by appropriate payroll and time attendance records signed by the
employee and approved by the supervisor. Time distribution records must reflect total work time on a daily
basis by program and/or funding source, as applicable.
Non -Personnel Costs:
Non -Personnel Costs shall be supported by appropriate procurement in accordance with 2 CFR § 200.320. For
purchases other than supplies or equipment, contracts must contain the applicable provisions described in
Appendix II to Part 200—Contract Provisions for non -Federal Entity Contracts Under Federal Awards.
Indirect Costs:
In accordance with Subrecipient's written selection, Indirect Costs shall be paid at the flat Indirect Costs shall
be paid at de minimis indirect cost rate of 10% of Modified Total Direct Costs (MTDC). Pursuant to 2 CFR
200.68, MTDC includes all direct salaries and wages, applicable fringe benefits, materials and supplies,
services, travel, and subawards and subcontracts up to the first $25,000 of each subaward or subcontract
(regardless of the period of performance of the subawards and subcontracts under the award). MTDC
excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships
and fellowships, participant support costs and the portion of each subaward and subcontract in excess of
$25,000.
Retention of Financial Records:
The Subrecipient shall maintain during the term of this Contract and for a period of five (5) years after the
expiration of the contract complete and adequate financial records and accounts as considered necessary by
the City to assure proper accounting for all program funds and to support all program expenditures. These
records and accounts shall include, but not be limited to, the following: 1) A double -entry General Ledger that
supports the costs charged to the CDBG Program; 2) Records documenting procurement of goods and
services; 3) Contracts for goods or services; 4) Lease or Rental Agreements; 5) Invoices; 6) Billing Statements;
7) Cancelled Checks; 8) Timecards signed by employees and supervisors; 9) Personnel Authorization
Records; 10) Payroll Registers; 11) Payroll Tax Records; 12) Bank Statements; 13) Bank Reconciliations; and
14) Documentation to support the allocation of costs.
Page 2 of 3
Certification:
By signing below, I acknowledge that 1 have read and understand all of the special conditions listed above.
Furthermore, I ackn ge that failure to comply with the conditions listed may require the repayment of the
funds received r fo ei eceiving future Community Development Block Grant (CDBG) funds.
Jusfine Pal more, Date
Executi a Direc r
Page 3 of 3
EXHIBIT B
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Subrecipient's indemnification of City, and
prior to disbursement of City Grant funds, Subrecipient shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory to
City. Subrecipient agrees to provide insurance in accordance with requirements
set forth here. If Subrecipient uses existing coverage to comply and that coverage
does not meet these requirements, Subrecipient agrees to amend, supplement or
endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Subrecipient shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Subrecipient shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Subrecipient shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract) with no
endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Subrecipient shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Subrecipient
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
STANDUP FOR KIDS Page B-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Subrecipient or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Subrecipient hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City and its officers, officials, employees, and agents shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
Additional Agreements Between the Parties The parties hereby agree to the
following:
A. Evidence of Insurance. Subrecipient shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Subrecipient sixty (60) calendar days advance
written notice of such change.
C. Enforcement of Agreement Provisions. Subrecipient acknowledges and
agrees that any actual or alleged failure on the part of City to inform
STANDUP FOR KIDS Page B-2
Subrecipient of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Subrecipient or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Subrecipient's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Subrecipient or
reimbursed by Subrecipient upon demand.
G. Timely Notice of Claims. Subrecipient shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Subrecipient's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Subrecipient's Insurance. Subrecipient shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution
of the work.
STANDUP FOR KIDS Page B-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 9/22/17 Dept./Contact Received From: Terresa
Date Completed: 11/22/17 Sent to: Terresa By: Jan
Company/Person required to have certificate: Stand Up for Kids
Type of contract: All Other
1. GENERAL LIABILITY
® N/A
EFFECTIVE/EXPIRATION DATE: 9/4/17 - 9/4/18
❑ No
A.
INSURANCE COMPANY: Hiscox Insurance Company
® Yes
B.
AM BEST RATING (A-: VII or greater): A / XI
❑ N/A
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/ $2M
E.
ADDITIONAL INSURED ENDORSEMENT—please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
❑ Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
❑ Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE
LIABILITY
EFFECTIVE/EXPIRATION DATE: NOA/Hired Included in GL by
Endorsement
A. INSURANCE COMPANY:
B. AM BEST RATING (A-: VII or greater)
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
N/A
❑ Yes ❑ No
Haulers only):
® N/A
❑ Yes
❑ No
G. HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
® Yes
❑ No
H. NOTICE OF CANCELLATION:
❑ N/A
® Yes
❑ No
WORKERS'COMPENSATION
EFFECTIVE/EXPIRATION DATE: 6/27/17 —6/27/18
A. INSURANCE COMPANY: Accident Fund Insurance Co
B. AM BEST RATING (A-: VII or greater): A- / XI
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent or Alllant Insurance Services
Broker of record for the City of Newport Beach
11/22/17
Date
® Yes ❑ No
® Yes ❑ No
$1,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
11/22/17 Risk Management approved limited vesting on submitted General Liability endorsements
Approved:
Risk Management Date
* Subject to the terms of the contract.