AGENDA
CITY OF EL CENTRO
CITY COUNCIL
TUESDAY, OCTOBER 17, 2023
City Hall Regular Meeting 11:30 AM
CITY HALL
COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by October 17, 2023.
COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.
To participate and make a public comment in person, via Zoom or telephone, please raise your hand, speak up and introduce yourself.
Join Zoom Meeting:
https://us06web.zoom.us/j/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09 Optional dial-in number: 1 (669) 900-6833
Meeting ID: 418 037 5132 Passcode: 5iHJYM
Public comments via zoom are subject to the same time limits as those in person.
Mayor & Council Members may be reached at (760) 336-8989 Mayor: Martha Cardenas-Singh City Manager: Cedric Ceseña Mayor Pro-Tem: Sylvia Marroquin City Attorney: Elizabeth Martyn Evans Council Members: Edgard Garcia City Clerk: Norma Wyles
Tomás Oliva
Sonia Carter
11:30 A.M CLOSED SESSION - CONFERENCE ROOM "A"
ROLL CALL (Open Session)
CLOSED SESSION PUBLIC COMMENT:
Any member of the public wishing to address the City Council on any matter appearing on the closed session may do so at this time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. Additional opportunities for Public Comments will be given during and at the end of the meeting.
Agenda City Council of the City of El Centro October 17, 2023 City of El Centro Page 2
CITY COUNCIL ADJOURNS INTO CLOSED SESSION
CITY COUNCIL CLOSED SESSION
ANTICIPATED LITIGATION
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility of initiation of litigation by the City pursuant to Govt. Code Section 54956.9(d)(4): two cases.
POSSIBLE LITIGATION
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility that there will be litigation initiated against the City under Govt. Code Section 54956.9(d)(2) - one case based upon Ace bid protest.
EXISTING LITIGATION
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a need to discuss existing litigation to which the City is a party: City of El Centro v. LAFCO.
NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda. However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order. * Any information provided on the “Speaker Slip” is voluntary and will be public record.
RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 P.M. OPEN SESSION
ALL TIMES ARE APPROXIMATE AND MAY VARY
Agenda City Council of the City of El Centro October 17, 2023 City of El Centro Page 3
CALL TO ORDER:
ROLL CALL BY CITY CLERK
PLEDGE OF ALLEGIANCE:
INVOCATION:
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION:
6:10-6:15 (TIME MAY VARY) PUBLIC COMMENTS:
The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record. 6:15-6:20 CONSENT AGENDA:
1. Approve Warrant Registers for the Month of August 2023
2. Approve Warrant Registers for the Month of September 2023
3. Approve Payroll Registers for the Month of August 2023
4. Approve Payroll Registers for the Month of September 2023
5. Approval of Treasurer's Report for the month of August 2023
6. Approval of Treasurer's Report for the month of September 2023
7. 2nd Reading and Adoption of Ordinance No. 23-05, ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF EL CENTRO AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF
THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, waive reading and adopt by title only.
8. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EL CENTRO APPROVING AN AGREEMENT BETWEEN THE CITY OF EL CENTRO AND R3E SERVICES FOR SERVICES RELATING TO
THE HOUSING CONDITIONS SURVEY
Agenda City Council of the City of El Centro October 17, 2023 City of El Centro Page 4
9. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO APPROVING AN AGREEMENT WITH IMPERIAL
COUNTY FOR THE COMMUNITY BENEFIT PROGRAM TO PROVIDE
FUNDING FOR THE PROCUREMENT OF COMPUTERS FOR THE ADULT
CENTER PROGRAM
10. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO APPROVING A GRANT AGREEMENT FROM THE
IMPERIAL COUNTY COMMUNITY BENEFIT PROGRAM FOR THE CITY'S KYOTES PROGRAM.
11. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EL CENTRO APPROVING A GRANT AGREEMENT FROM
THE CALIFORNIA STATE LIBRARY FOR ADULT LITERACY AND ENGLISH
AS A SECOND LANGUAGE SERVICES
12. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EL CENTRO APPROVING A GRANT AGREEMENT FROM
THE CALIFORNIA STATE LIBRARY FOR ADULT LITERACY AND ENGLISH
AS A SECOND LANGUAGE SERVICES
6:20-6:40 PUBLIC HEARING:
13. Public hearing to consider the recommendation of the Planning Commission regarding a 12-month time extension for the Willow Bend Tentative Subdivision Map
PRESENTATION: Angel Hernandez, Director of Community Development RECOMMENDATION:
Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO APPROVING A TWELVE-MONTH EXTENSION OF THE
WILLOW BEND TENTATIVE SUBDIVISION MAP FOR THE PROPERTY
ENCOMPASSING 38 ACRES OF LAND GENERALLY LOCATED WEST OF SOUTH 4TH STREET (SR-86) AND 630 FEET SOUTH OF HORNE ROAD. 6:40-7:30 NEW BUSINESS:
14. Approval of Unrepresented Police Commander MOU
PRESENTATION: Dulce Bedolla, Human Resources Director
RECOMMENDATION:
Adopt Resolution No. 23 - , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO IDENTIFYING, RECOGNIZING AND ESTABLISHING
TERMS AND CONDITIONS OF EMPLOYMENT FOR UNREPRESENTED
POLICE COMMANDER MANAGEMENT EMPLOYEES
Agenda City Council of the City of El Centro October 17, 2023 City of El Centro Page 5
15. Discussion and any necessary action regarding the approval of the Program Supplement Agreement for CRASL-5169 (055) related to the 2023 Streets Overlay Project
PRESENTATION: Abraham Campos, PE
RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 00000A265 TO THE ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 11-5169S21 WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION
16. Rejection of bid received for Traffic Striping Maintenance Contract PRESENTATION: Abraham Campos, PE - Director of Public Works / City Engineer
RECOMMENDATION:
Reject bid from Rove Engineering, Inc., for the Traffic Striping Maintenance City Wide Project
17. Approve Termination of Proclamation of Local Emergency for Tropical Cyclone Hilary
PRESENTATION: Joseph Bernal, Fire Chief
RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO TERMINATING THE PROCLAMATION OF A LOCAL
EMERGENCY FOR TROPICAL CYCLONE HILARY IN THE CITY OF EL CENTRO.
18. Discussion and Related Action Regarding Change Order #1 for Dog Park Project - Located at the Southeast Corner of Adams Avenue and 7th Street with Duggins Construction
PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:
Approval of Change Order #1, which includes a Single Stall Restroom, and approve a budget amendment in the amount of $200,000 from the Debbie Pittman Lighting Field Project and allocation of the project savings to the Dog Park Project.
Additionally, reallocate $23,550 from the Swarthout Park Field Lighting Project to the Dog Park Project.
Agenda City Council of the City of El Centro October 17, 2023 City of El Centro Page 6
OR
Approval of Change Order #1, which includes a Portland Loo Restroom, and approve a budget amendment in the amount of $200,000 from the Debbie Pittman Lighting Field Project and allocation of the project savings to the Dog Park Project.
Additionally, reallocate $96,565 from the Swarthout Park Field Lighting Project to the Dog Park Project.
OR
Provide alternative direction to Staff.
19. Authorize the disposal of Obsolete and Surplus City Property by Auction or Sale
PRESENTATION: Abraham Campos, Public Works Director/City Engineer RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO DECLARING AND AUTHORIZING THE DISPOSAL OF
OBSOLETE AND SURPLUS CITY PROPERTY BY AUCTION OR SALE
LEGISLATIVE ACTION:
INFORMATIONAL ITEMS:
20. Imperial and Villa local emergency update
7:30-8:00 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS:
8:00-8:10 CITY MANAGER REPORT:
ADJOURNMENT:
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.
City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Warrants
Prepared By: Esmeralda Nunez
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6135) DOC ID: 6135
Warrant Registers for August 2023
CITY MANAGER’S RECOMMENDATION:
Approve Warrant Registers for the Month of August 2023
FISCAL IMPACT:
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
• August 2023 (PDF)
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Attachment: August 2023 (6135 : Warrant Registers - August 2023) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Warrants
Prepared By: Esmeralda Nunez
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6160) DOC ID: 6160
Warrant Registers for September 2023
CITY MANAGER’S RECOMMENDATION:
Approve Warrant Registers for the Month of September 2023 FISCAL IMPACT:
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
• Sept. 2023 (PDF)
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Packet Pg. 150 Attachment: Sept. 2023 (6160 : Warrant Registers - September 2023) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Elsa Montoya
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6132) DOC ID: 6132
Approval of Payroll Registers for the Month of August 2023 CITY MANAGER’S RECOMMENDATION:
Approve Payroll Registers for the Month of August 2023
ATTACHMENTS:
• PAYROLL REGISTERS AUGUST 2023 (PDF)
3 Packet Pg. 151
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Packet Pg. 167 Attachment: PAYROLL REGISTERS AUGUST 2023 (6132 : Payroll Registers for the Month of August 2023) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Elsa Montoya
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6167) DOC ID: 6167
Approval of Payroll Registers for the Month of September 2023
CITY MANAGER’S RECOMMENDATION:
Approve Payroll Registers for the Month of September 2023 ATTACHMENTS:
• PAYROLL REGISTERS SEPTEMBER 2023 (PDF)
4 Packet Pg. 168
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Packet Pg. 175 Attachment: PAYROLL REGISTERS SEPTEMBER 2023 (6167 : Payroll Registers for the Month of City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Report
Prepared By: Elizabeth Fuchen
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6169) DOC ID: 6169
Treasurer's Report for the month of August 2023
CITY MANAGER’S RECOMMENDATION:
Approval of Treasurer's Report for the month of August 2023 FISCAL IMPACT:
N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
• Treasurers Report Aug 2023 (PDF)
5 Packet Pg. 176
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Packet Pg. 179 Attachment: Treasurers Report Aug 2023 (6169 : Treasurer's Report for the month of August 2023) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Report
Prepared By: Elizabeth Fuchen
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6170) DOC ID: 6170
Treasurer's Report for the month of September 2023
CITY MANAGER’S RECOMMENDATION:
Approval of Treasurer's Report for the month of September 2023 FISCAL IMPACT:
N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
• Treasurers Report Sep 2023 (PDF)
6 Packet Pg. 180
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Packet Pg. 183 Attachment: Treasurers Report Sep 2023 (6170 : Treasurer's Report for the month of September 2023) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Ordinance
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6168) DOC ID: 6168
2nd Reading and Adoption of Ordinance No. 23-05,
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY
AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM, waive reading
and adopt by title only.
CITY MANAGER’S RECOMMENDATION:
2nd Reading and Adoption of Ordinance No. 23-05, ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, waive reading and adopt by title only.
ATTACHMENTS:
• ORDINANCE PERS (PDF)
7 Packet Pg. 184
ORDINANCE NO. 23-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
The City Council of the City of El Centro does ordain as follows:
Section 1. That an amendment to the contract between the City Council of the City of El Centro and the Board of Administration, California Public Employees’ Retirement system is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit “A”, and by such reference made a part hereof as though herein set out in full.
Section 2. The Mayor of the City Council of the City of El Centro is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.
Section 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Imperial Valley Press, a newspaper of general circulation, published and circulated in the City of El Centro and thenceforth and thereafter the same shall be in full force and effect INTRODUCED at a regular meeting of the City Council of the City of El Centro, California, held on the 3
rd
day of October, 2023.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023.
CITY OF EL CENTRO
By:_
Martha Cardenas-Singh, Mayor
ATTEST:
By: _
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By: _
Elizabeth L. Martyn, City Attorney
09/2023/cdz/A23-0151/Ordinance/CalPERS
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STATE OF CALIFORNIA )
COUNTY OF IMPERIA )ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Ordinance No. 23-05 had its first reading on the 3 rd
day of October, 2023, and had its
second reading on day of , 2023, and was passed by the following vote:
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
AYES:
NOES:
ABSENT:
ABSTAINED:
By:_
Norma Wyles, City Clerk
09/2023/cdz/A23-0151/Ordinance/CalPERS
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Packet Pg. 186 Attachment: ORDINANCE PERS (6168 : 2nd Reading & Adoption, Cal PERS Contract Amendment - Uncodified Ordinance) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Resolution
Prepared By: Clara Obeso
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6093) DOC ID: 6093
Request for Proposals (RFP) Results for Housing Conditions Survey
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO APPROVING AN AGREEMENT BETWEEN THE CITY OF EL CENTRO AND R3E SERVICES FOR SERVICES RELATING TO THE HOUSING
CONDITIONS SURVEY
FISCAL IMPACT:
This will have no impact on the general fund. Approximately $74,000 will be utilized from the 2023-2024 CDBG Entitlement Program funds.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #3 - Community Health, Safety & Welfare
Goal #4 - Recreation and Lifelong Learning
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Consultant will obtain a City of El Centro business license prior to commencement of survey.
BACKGROUND:
The city's previous Housing Conditions and Vacant Land survey, which took place on January 2015, needs to be updated as mandated by the City's five-year Consolidated Plan. However, for the purpose of this 2023 survey, the vacant land component is excluded, as it has already been addressed in the Housing Element document.
DISCUSSION:
The work to be performed is to update the city's current Housing Conditions Survey completed in 2015. The survey will be used to assess current housing conditions throughout the city to establish the need for housing rehabilitation for the purpose of benefiting low and moderate income homeowners of single family and multi-family residences/units. The results will provide detailed documentation and analysis of exterior housing conditions and the geographic locations of those housing units in need of rehabilitation.
Community Services Division staff completed the Request for Proposals (RFP) and released the RFP on July 28, 2023. A proposal from R3E Services in the amount of $74,000 was received. Staff reviewed the proposal from R3E Services and determined that R3E Services is qualified to complete the scope of work regarding the Housing Conditions Survey.
8 Packet Pg. 187
Action Item (ID # 6093) Meeting of October 17, 2023
CONCLUSION:
It is staff's recommendation that the City Council approve the selection of the above referenced company and Adopt Resolution No. 23- RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO APPROVING AN AGREEMENT BETWEEN THE CITY OF EL CENTRO AND R3E SERVICES FOR SERVICES RELATING TO
THE HOUSING CONDITIONS SURVEY
ATTACHMENTS:
• Resolution FINAL (PDF)
• Agreement FINAL (PDF)
8 Packet Pg. 188
09/2022/cdz/A22-0191/Reso/Agreement_HousingCond&VctLndSrvy RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING AN AGREEMENT BETWEEN THE
CITY OF EL CENTRO AND R3E SERVICES FOR SERVICES
RELATING TO THE HOUSING CONDITIONS SURVEY
WHEREAS, it is necessary for the City Council to approve a consulting agreement with R3E Services, for the updating of the Housing Conditions Survey (“the Agreement”) which is a requirement of the City’s five-year Consolidated Plan and will be used to assess current housing conditions through the City to establish the need for housing rehabilitation for the purpose of benefiting low- and moderate-income homeowners; and
WHEREAS, the survey is partially funded with Community Development Block Grant Funds and therefore subject to CDBG requirements; and
WHEREAS, City staff prepared, posted and gathered response to an RFP containing all required provisions to select a consultant; and
WHEREAS, City staff has determined that R3E Services best meets the requirements of the RFP and recommends that the City Council enter into the City’s form of professional services agreement with CDBG requirements; and
WHEREAS, the City Council finds that the approval of the Agreement is in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and adopted hereby.
2. That the City Council does hereby approve the Agreement.
3. That the City Manager is hereby authorized to sign the Agreement, a copy of which is on file in the Office of the City Clerk, on behalf of the City.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023.
CITY OF EL CENTRO
By ____________________________
Martha Cardenas-Singh, Mayor
ATTEST:
By ___________________________
Norma Wyles, City Clerk
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Packet Pg. 189 Attachment: Resolution FINAL (6093 : RFP Results & Award of Consultant Contract for Housing Conditions Survey) 09/2022/cdz/A22-0191/Reso/Agreement_HousingCond&VctLndSrvy APPROVED AS TO FORM:
Office of the City Attorney
By ___________________________
Elizabeth Martyn Evans
City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL )ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ________________________
Norma Wyles, City Clerk
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Packet Pg. 190 Attachment: Resolution FINAL (6093 : RFP Results & Award of Consultant Contract for Housing Conditions Survey)
CONSULTANT AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF EL CENTRO
AND
R3E SERVICES LLC
FOR CONSULTING SERVICES RELATING TO THE
HOUSING CONDITIONS SURVEY
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Packet Pg. 191 Attachment: Agreement FINAL (6093 : RFP Results & Award of Consultant Contract for Housing Conditions Survey)
CONSULTANT AGREEMENT BETWEEN THE CITY OF EL CENTRO AND
R3E SERVICES LLC FOR CONSULTING SERVICES RELATING TO
HOUSING CONDITIONS SURVEY
THIS AGREEMENT (“Agreement”) is made and entered into by the City of El Centro, (the “City”) and R3E Services LLC, (“the Consultant”) for the Consultant to provide consulting services for the Housing Conditions Survey (the “Project”). City and Consultant each may be referred to as a “Party” and collectively as the “Parties.”
RECITALS
City wishes to retain the services of a professional firm to provide the Consulting Services and has carried out a Request for Proposal (“RFP”) process to obtain such firm(s); and As confirmed through the City’s RFP process, Consultant has the expertise, experience and personnel necessary to provide the Consulting Services for the Project; and City and the Consultant now wish to enter into an agreement whereby the City will retain the Consultant to provide, and the Consultant shall provide, the Consulting Services for the Project; and
The Agreement is also subject to CDBG requirements based upon funding for the project.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions set forth, herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby set forth their mutual covenants and understandings as follows:
ARTICLE I
CONSULTING SERVICES
The above-listed recitals are true and correct and are hereby incorporated by reference.
All days set out in this Agreement are calendar days unless otherwise provided.
1.1 Scope of Services.
The scope of services is set out in Exhibit “A”, attached and incorporated as if fully set forth herein (the “Consulting Services”). In the event of a conflict between Exhibit “A” and this Agreement, this Agreement shall prevail.
1.2 Contract Administrator.
The Community Services Department is the contract administrator for this Agreement.
The Consultant shall provide the Consulting Services under the direction of the Community Services Director or designee (“the Director”). The Director will communicate with the Consultant on all matters related to the administration of this Agreement and the Consultant’s performance of the Consulting Services rendered hereunder. When this Agreement refers to
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communications to or with the City, those communications will be with the Director unless the Director or the Agreement specifies otherwise.
1.3 City Modification of Scope of Services.
The City may order changes in any task by altering, adding to or deducting from the Consulting Services to be performed. All such changes shall be in writing and shall be performed in accordance with the provisions of this Agreement. If any such changes cause an increase or decrease in the Consultant s cost of, or the time required for the performance of any of the Consulting Services, the Consultant shall so notify the City. If appropriate, an equitable adjustment to the Consultant s compensation may be made, provided that any adjustment must be pre-approved by the Parties in writing in the same manner as which this Agreement was approved or as authorized under this Agreement.
1.4 Written Authorization.
Prior to performing any Consulting Services in connection with the Project, the Consultant shall obtain from the City a written authorization to proceed. The Consultant shall advise the City in writing immediately of any anticipated change in any task, fee schedule or time schedule, and shall obtain the City s written consent to the change prior to making any changes. In no event shall the City s consent be construed to relieve the Consultant from its duty to render all Consulting Services in accordance with applicable laws and accepted industry standards.
1.5 Confidentiality of Services.
All Consulting Services performed by the Consultant, including but not limited to all drafts, data, correspondence, proposals, reports and estimates compiled or composed by the Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees.
Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to the Consultant, at the time that it was disclosed to the Consultant by the City, (b) subsequently becomes publicly known through no act or omission by the Consultant or (c) otherwise becomes known to the Consultant other than through disclosure by the City as needed to establish a defense. Except as provided in section 4.4, neither the documents nor their contents shall be released to any third party without the prior written consent of the City.
ARTICLE II
DURATION OF AGREEMENT
2.1 Term of Agreement.
This Agreement shall be effective on the date it is executed by the last Party to sign the Agreement and will remain in effect until the Consulting Services are completed, but in no event later than January 31, 2024, unless terminated sooner to the provisions of this Agreement.
2.2 Time of Essence.
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The Parties agree that time is of the essence for each provision of this Agreement, unless otherwise specified in this Agreement.
2.3 Notification of Delay or Need for Extension of Time to Perform.
The Consultant shall immediately notify the City in writing of any delay in or need to extend the time for the performance of the Consulting Services. The written notice shall include an explanation of the cause for, and a reasonable estimate of the length of the delay. If the delay affects a material part of the Project, the City may exercise its rights under sections 2.5-2.9 of this Agreement. Notwithstanding, the City and the Consultant may agree to an extension of time but not limited to, the provision of additional consulting services.
2.4 Delay Force Majeure.
If delays in the performance of the Consulting Services are caused by unforeseen events beyond the control of the Parties, such delay may entitle the Consultant to a reasonable extension of time, but such delay shall not entitle the Consultant to damages or additional compensation.
The following conditions may constitute such a delay: pandemic, epidemic, war, changes in law or government regulation, labor disputes, strikes, fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the Consultant s work, or inability to obtain materials, equipment or labor; provided, however, that (a) this provision shall not apply and the Consultant shall not be entitled to an extension of time for a delay caused by the acts or omissions of the Consultant; and (b) that a delay caused by the inability to obtain materials shall not entitle the Consultant to an extension of time unless the Consultant furnishes the City, in a timely manner, documentary proof, to the City s satisfaction, of the inability to obtain materials.
2.5 City s Right to Suspend for Convenience.
The City may, at its sole option and for its convenience, suspend all or any portion of the Consultant s performance of the Consulting Services, for a reasonable period of time not to exceed six (6) months. In accordance with the provisions of this Agreement, the City will give written notice to the Consultant of such suspension. In the event of such a suspension, in accordance with the provisions of Article III of this Agreement, the City shall pay to the Consultant a sum equivalent to the cost of the Consulting Services the Consultant has performed up to the date of suspension. Thereafter, the City may rescind such suspension by giving written notice to the Consultant to resume performance of the Consulting Services in compliance with the terms and conditions of this Agreement; provided, however, that the Consultant may be entitled to an extension of time equal to the length of the suspension, as agreed to in writing by the Parties.
2.6 City s Right to Terminate for Convenience.
The City may, at its sole option and for its convenience, terminate all or any portion of the Consulting Services agreed by giving written notice of such termination to the Consultant.
Such notice shall be delivered and take effect as set out in Section 7.1. Upon termination of this Agreement, the Consultant shall cease any and all work except as specifically requested in writing by the City for the orderly filing of documents and closing of the Consulting Services
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under this Agreement. The Consultant shall be paid at the rate set out in this Agreement for all work performed until the date of termination or as otherwise directed by the City. After filing of any documents and completion of performance, before payment from the City, the Consultant shall deliver to the City all drawings, plans, calculations, specifications and other documents or records related to both the Project and to the Consultant s Consulting Services for all task(s). By accepting payment, the Consultant discharges the City of any and all of the City s payment obligations under this Agreement.
2.7 City s Right to Terminate for Default.
If the Consultant fails to adequately perform any obligation required by this Agreement, the Consultant s failure constitutes a default If the Consultant fails to satisfactorily cure a Default within ten (10) calendar days after receiving written notice from the City pursuant to Section 7.1 specifying the nature of the Default, the City immediately may terminate this Agreement, and terminate each and every right of the Consultant, and any person claiming any rights by or through the Consultant under this Agreement. The rights and remedies of the City enumerated in this section 2.7 are cumulative and shall not limit, waive or deny any of the City s rights under any other provision of this Agreement, nor does this section 2.7 otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Consultant.
2.8 Reserved.
2.9 City s Right to Terminate for Bankruptcy or Assignment for the Benefit of Creditors.
If the Consultant files a voluntary petition in bankruptcy, is adjudicated bankrupt or makes a general assignment for the benefit of creditors, and to the extent allowed by law, the City may at its option and without further notice to or demand upon the Consultant, immediately terminate this Agreement and terminate each and every right of the Consultant and any person claiming any rights by or through the Consultant. The rights and remedies of the City enumerated in this section 2.9 are cumulative and shall not limit, waive or deny any of the City s rights under any other provision of this Agreement, nor does this section 2.9 otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Consultant.
ARTICLE III
COMPENSATION
3.1 General.
The City shall pay the Consultant for all the Consulting Services and all expenses related to performance under this Agreement in an amount not to exceed that set forth in the fee schedule attached hereto and incorporated herein as Exhibit B. The Consultant shall be entitled to compensation for the Consulting Services under this Agreement, whether within the scope of work for any task, or as approved additional services, based only that fee schedule.
3.2 Reserved.
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3.3 Total Compensation.
The Consultant shall complete all work required by this Agreement for a not to exceed sum of seventy-four thousand dollars and no cents ($74,000.00), which amount also includes any and all of
3.3.1 Manner of Payment. The Consultant shall bill all fees and expenses incurred in accordance with this Agreement directly to the City on a monthly basis. Consultant shall further provide a monthly report with each invoice that includes the hourly rate for the itemized fees incurred and the hours spent as well as any reimbursable expenses at the rate authorized, and the total, and the total amount for the month. The City shall review such invoices within a reasonable period of time and provide payment for all undisputed expenses.
3.4 Additional Services.
If the City requests additional Consulting Services ( Additional Services ) beyond those (and except for Additional Costs defined in section 3.6) the Consultant will be paid an additional fee in accordance with the rates provided in the fee schedule. The City and the Consultant must agree in writing upon such fee prior to the Consultant beginning the Additional Services.
3.5 Changed Conditions
Should City or determine there is a need to reconsider or renegotiate provisions of this Agreement in light of new information not originally contemplated by or known to the Consultant or City, the City or Consultant shall identify the changed condition and the sections of the Agreement proposed for renegotiation. The Consultant and the City then shall promptly and in good faith enter into renegotiation of this agreement. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this agreement.
3.6 No compensable Additional Costs.
Additional costs ( Additional Costs ) are those costs that can be reasonably determined to be related to the Consultant s negligent or intentional errors or omissions, and may include (but are not limited to) Consultant or Subcontractor (as that term is defined in section 4.4) overhead or cost of correction. The Consultant shall not be paid for the Consulting Services required due to the Consultant s errors or omissions, and the Consultant shall be responsible for any damages associated with such errors or omissions. The City may deduct such Additional Costs from monies due to the Consultant.
component of the Pr
Consultant shall be responsible for paying the cost to add such item or component to the extent that such item or component would have otherwise been necessary to the Project or otherwise adds value or betterment to the project, as well as delay or change order costs incurred by the construction contractor. However, the Consultant be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project.
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ARTICLE IV
CONSULTANT S OBLIGATIONS
4.1 Industry Standards.
In addition to the Consultant s covenants described in Article VI hereof, the Consultant agrees that the Consulting Services rendered under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent professional firm using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field of service in the State of California and consistent with CDBG requirements as set out in Exhibit E. Where approval by the City, the City Manager or other representatives of the City is required, it is understood to be general approval only and does not relieve the Consultant of responsibility for complying with all applicable laws, regulations and good consulting practices in effect at contract execution and as those may be modified from time to time.
4.2 Right to Audit.
4.2.1 Access. The City retains the right to review and audit, and the reasonable right of access to Consultant s and all Subcontractor s (as that term is defined in section 4.4) premises to review and audit the Consultant s compliance with the provisions of this Agreement ( the City s Right ). The City s Right includes the right to inspect, copy and to retain copies, outside of the Consultant s premises, of any and all records with appropriate safeguards, if such retention is deemed necessary by City in its sole discretion. This information shall be kept by the City in strictest confidence allowed by law.
4.2.2 Audit. The City s Right includes the right to examine any and all books, records, documents and any other evidence of procedures and practices that the City determines are necessary to discover and verify that the Consultant is in compliance with all requirements under this Agreement.
4.2.2.1 Cost Audit. If there is a claim for additional compensation or for Additional Services, the City s Right includes the right to examine books, records, documents and any and all other evidence and practices that the City determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred or anticipated to be incurred.
4.2.2.1.1 Accounting Records. The Consultant shall maintain complete and accurate records in accordance with generally-accepted accounting practices in the industry. The Consultant shall make available to the City for review and audit all Project related accounting records and documents and any other financial data. Upon the City s request, the Consultant shall submit exact duplicates of originals of all requested records to the City.
4.2.3 City s Right--Binding on Subcontractors. The Consultant shall include the provisions of this Section 4.2 in all Subcontractor contracts.
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4.3 Insurance.
Prior to the beginning of and for the duration of this Agreement, Consultant shall obtain and maintain insurance coverage as specified in Exhibit C attached hereto and incorporated herein. Such insurance also shall be required of any Subcontractors.
4.4 Subcontractors.
The Consultant s hiring of or retaining any third parties (singularly, a Subcontractor or the Subcontractor; in the plural, Subcontractors or the Subcontractors ) to perform services related to the Project ( the Subcontractor Services ) is subject to prior approval by the City. As used here, this term includes sub-consulting services. The Consultant shall list on the subcontractors list all Subcontractors known to the Consultant at the time this Agreement is executed. If at any time after this Agreement thereafter the Consultant identifies a need for additional Subcontractor Services, the Consultant shall give written notice to the City of the need, at least forty-five (45) days before entering into a contract for such Subcontractor Services.
The Consultant s notice shall include a justification, a description of the scope of work and an estimate of all costs for the Subcontractor Services. The Consultant may request that the City reduce the forty-five (45) day notice period and the City agrees to consider such request in good faith.
4.4.1 Subcontractor Contract. All contracts entered into between the Consultant and a Subcontractor shall contain the information as described in sections 4.2, 4.3,
4.6, 4.7 and, 4.10.2 (as well as any other information, terms and conditions required elsewhere in this Agreement to be included in said agreements) and shall also provide as follows:
4.4.1.2 The Consultant is obligated to pay the Subcontractor, for Consultant- and City-approved invoice amounts, out of amounts paid by the City to the Consultant, not later than fourteen (14) working days from the Consultant s receipt of payment from the City. Nothing in this paragraph shall be construed to impair the right of the Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves.
4.4.1.3 In the case of a deficiency in the performance of Subcontractor Services, the Consultant shall notify the City in writing of any withholding of payment to the Subcontractor, specifying: (a) the amount withheld, (b) the specific cause under the terms of the subcontract for withholding payment, (c) the connection between the cause for withholding payment and the amount withheld and (d) the remedial action the Subcontractor must take in order to receive the amount withheld. Once the Subcontractor corrects the deficiency, the Consultant shall pay the Subcontractor the amount withheld within fourteen (14) working days of the Consultant s receipt of the City s next payment.
4.4.1.4 In any dispute between the Consultant and a Subcontractor, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant shall defend and indemnify the City as described in Article VI of this Agreement in any dispute between the Consultant and a Subcontractor should the City be made a party to any judicial or administrative proceeding to resolve the dispute in violation of this position.
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4.4.1.5 The Subcontractor is bound to the same requirements as the primary consultant for assurances to the City regarding non-discrimination covenants set forth in section
4.6. 4.5 Contract Activity Report.
The Consultant shall submit statistical information to the City as requested in the City s contract activity report ( the Contract Activity Report ). The statistical information shall include the amount of subcontracting provided by firms during the period covered by the Contract Activity Report. With the Contract Activity Report, the Consultant shall provide an invoice from each Subcontractor listed in the report. The Consultant agrees to issue payment to each firm listed in the Report within fourteen (14) working days of receiving payment from the City for Subcontractor Services as described in section 4.4.1.
4.6 Non-Discrimination Requirements.
The Consultant shall not discriminate
on the basis of race, gender, gender identity, gender expression, religious creed, national origin, color, sexual orientation, age, disability (mental and physical) including HIV and AIDS, ancestry, medical condition (including but not limited to cancer and genetic characteristics), genetic information, marital status, gender identity, military or veteran status or sex (which includes pregnancy, childbirth and medical conditions related thereto) or association with a protected person or group or in any other manner prohibited by State or Federal law or Executive Order in the solicitation, selection, hiring or treatment of Subcontractors, vendors or suppliers.
The Consultant shall provide equal opportunity for Subcontractors to participate in subcontracting opportunities. The Consultant understands and agrees that violation of this clause shall be considered a material breach of this Agreement and may result in contract termination, debarment or other sanctions. This language shall be in contracts between the Consultant and any Subcontractors, vendors and suppliers.
4.7 Drug-Free Workplace.
The Consultant agrees to ensure a drug-free workplace. The Consultant shall certify to the City that it will provide a drug-free workplace by submitting a consultant certification for a drugfree workplace form.
4.7.1 Consultant s Notice to Employees. The Consultant shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition.
4.7.2 Drug-Free Awareness Program. The Consultant shall establish a drug-free awareness program to inform employees about all of the following:
4.7.2.1 The dangers of drug abuse in the work place.
4.7.2.2 The policy of maintaining a drug-free work place.
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4.7.2.3 Available drug counseling, rehabilitation and employee assistance programs.
4.7.2.4 The penalties that may be imposed upon employees for drug abuse violations.
4.7.3 Posting the Statement. In addition to section 4.7.1 above, the Consultant shall post the drug-free policy in a prominent place.
4.7.4 Subcontractor s Agreements. The Consultant further certifies that each contract for Subcontractor Services for this Project shall contain language that binds the Subcontractor to comply with the provisions of section 4.7 of this Agreement. The Consultant and any Subcontractors shall be individually responsible for their own drug-free work place program.
4.8 Americans with Disabilities Act Statement.
The Consultant may be requested to certify that any construction documents and specifications meet current Title 24 of the California Code of Regulations, known as the California Building Standards Code ( Title 24 ) requirements and the Americans with Disabilities Act Accessibility Guidelines ( ADAAG ) and are in general compliance with the Americans with Disabilities Act of 1990.
4.9 Product Endorsement.
The Consultant acknowledges and agrees that any advertisement identifying or referring to the City as the user of a product or service or using any City seal or logo requires the prior written approval of the City Council.
4.10 Conflict of Interest.
The Consultant
In
its employees or Subcontractors. If the Consultant is determined to be subject to conflict of interest laws, that shall include all State and local conflict of interest laws, regulations and policies including but not limited to California Government Code sections 1090 et seq. and 81000 et seq. and accompanying Fair Political Practices Commission Regulations. Upon the City s request, the Consultant shall submit the necessary supplementary documentation to the City.
4.10.1 Even if not subject to conflict of interest requirements, the Consultant shall establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships.
4.10.2 The Consultant and its Subcontractors having subcontracts amounting to one percent (1%) or more of the value of the Consulting Services agreed to under this Agreement
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are precluded from participating in design services, on behalf of the contractor, construction management and any other construction services related in any way to the Consulting Services without the prior written consent of the City.
4.10.3 The Consultant s personnel employed on any task shall not accept gratuities or any other favors from any Subcontractors or potential Subcontractors. In connection with any task, the Consultant shall not recommend or specify any product, supplier or contractor with whom the Consultant has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations or policies.
4.10.4 If the Consultant violates any conflict of interest laws or any of these provisions in section 4.10, the violation may be grounds for immediate termination of this Agreement. Further, the violation subjects the Consultant to liability to the City for any attorneys fees and all damages sustained as a result of the violation.
4.11 Mandatory Assistance.
If a third-party dispute and/or litigation arises out of, or relates in any way to, the Consulting Services provided under this Agreement, upon the City s request, the Consultant and its agents, officers and employees shall assist in resolving the dispute or litigation ( Mandatory Assistance ). The Mandatory Assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation.
4.12 Compensation for Mandatory Assistance.
The City will compensate the Consultant for fees incurred for providing Mandatory Assistance as Additional Services under section 3.3. However, if through resolution of the thirdparty dispute and/or litigation, the fees incurred for the Mandatory Assistance are determined, through resolution of the third-party dispute or litigation, or both, to be attributable in whole, or in part, to the negligent acts or omissions of the Consultant, its agents, officers or employees, the Consultant shall pay back the City. The City also then is entitled to repayment of all fees paid to the Consultant, its agents, officers and employees for Mandatory Assistance as well as for those fees paid for the negligent Consulting Services.
4.13 Attorneys Fees Related to Mandatory Assistance.
In providing the City with dispute and/or litigation assistance, the Consultant or its agents, officers and employees may incur expenses and/or costs. The Consultant agrees that any reasonable attorneys fees it may incur as a result of assistance provided under section 4.11 are not reimbursable.
4.14 Retention of Records.
Consultant is required to keep all related accounting records and documents under this Agreement for a period of not less than five (5) calendar years after completion of all projects hereunder. request, the Consultant shall submit exact duplicates of originals of all requested records to the City.
ARTICLE V
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CITY S OBLIGATIONS
5.1 Ownership of Documents.
Whether or not the Consultant has received any compensation for the Consulting Services performed, all documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files and specifications prepared in connection with or related to any task or Consulting Services shall be the property of the City. The City s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The City s ownership entitlement includes ownership of any and all work product completed. This section 5.1 shall apply whether the Consultant s Consulting Services are terminated by the completion of the Project or in accordance with other provisions of this Agreement. Notwithstanding any other provision of this Agreement, the Consultant shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files and specifications at its sole expense.
The Consultant shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications. Any reuse or modification of the project documents by the .
5.2 Additional Consultants or Contractors.
The City reserves the right to employ, at its own expense, such additional consultants or contractors as the City deems necessary to perform work or to provide the Consulting Services on the Project.
5.3 Employment of City Staff.
This Agreement may be unilaterally and immediately terminated by the City, at its sole discretion, if the Consultant employs an individual who, within the last twelve (12) months immediately preceding such employment did, in the individual s capacity as an officer or employee of the City, participate in, negotiate with or otherwise have an influence on the recommendation made to the City Council or City Manager in connection with the selection of the Consultant.
ARTICLE VI
INDEMNIFICATION
6.1 Indemnification.
To the fullest extent by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including but not limited to liability for claims, suits, actions, arbitration proceedings, administrative proceedings regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or
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entity for which Consultant is legally liable, including but not limited to officers, agents, employees or Subconsultants of Consultant.
6.1.1 General Indemnification Provisions.
Consultant shall obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every Subconsultant or any other person of entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns of heirs Consultant and shall survive the termination of this agreement or this section.
ARTICLE VII
MISCELLANEOUS
7.1 Notices.
Any notices which either party may desire to give to the other party under this Agreement must be in writing and shall be deemed given when delivered by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) five calendar days after mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To CITY: City of El Centro
Economic Development Division
1249 West Main Street
El Centro, CA 92243
1275 West Main Street
Attn: City Clerk
El Centro, CA 92243
To CONSULTANT: R3E Services LLC
Ramiro R. Ramos
Principle Managing Director
302 Washington St #150-7600
San Diego, CA 92103
7.2 Headings.
All article headings are for convenience only and shall not affect the interpretation of this Agreement.
7.3 Non-Assignment.
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The Consultant shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the City s prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee.
7.4 Independent Contractors.
The Consultant and any Subcontractors employed by the Consultant shall be independent contractors and not employees or agents of the City. Any provisions of this Agreement that may appear to give the City any right to direct the Consultant concerning the details of performing the Consulting Services, or to exercise any control over such performance, shall mean only that the Consultant shall follow the direction of the City concerning the end results of the performance.
Without receiving the Consultant s written permission, the City agrees not to hire, retain or contract with any employee of the Consultant who performs services for the City under this Agreement for one (1) year from the date this Agreement is terminated.
7.5 Consultant and Subcontractor Principals for Consulting Services.
It is understood that this Agreement is for unique Consulting Services. Retention of the Consultant is based on the particular professional expertise of the individuals rendering the services set forth in each task. Accordingly, portions of the described service may not be delegated to other members of the team or Subcontractors without prior written consent by the City. It is mutually agreed that Ramiro R. Ramos is the principal person responsible for delivery of all Consulting Services and may not be removed from any tasks without the City s prior written approval. In the event Ramiro R. Ramos becomes unavailable for any reason; the City must be consulted as to any replacements. Further, the City reserves the right, after consultation with the Consultant, to require removal of the Consultant s employees or agents.
7.6 Covenants and Conditions.
All provisions of this Agreement expressed as conditions on the part of the City or the Consultant shall be deemed to be covenants and conditions.
7.7 Compliance with Controlling Law.
The Consultant shall comply with laws, ordinances, regulations and policies of the Federal, State and local governments applicable to this Agreement in effect at execution of the contract as those may be modified from time to time. In addition, the Consultant shall comply immediately with all directives issued by the City or its authorized representatives under authority of any laws, statutes, ordinances, rules or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.
7.8 Jurisdiction, Venue and Attorneys Fees.
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The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms or any related disputes shall be in the County of Imperial, State of California. If either Party brings an action to enforce the terms of this Agreement or declare rights under this Agreement, the prevailing Party in any such action, on trial or appeal, shall be entitled to its reasonable attorneys fees and costs as fixed by the court to be paid by the losing Party.
7.9 Successors in Interest.
This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any Party s successor in interest.
7.10 Integration.
This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents or employees, shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement.
7.11 Counterparts.
This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page.
7.12 No Waiver.
No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition and term hereof shall continue in full force and effect to any existing or subsequent breach.
7.13 Severability.
If any provision or clause of this Agreement or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications thereof which can be implemented without the invalid clause, provision, or application; and to this end
7.14 Municipal Powers.
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Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a charter city of the State of California.
7.15 Drafting Ambiguities.
The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
7.16 Signing Authority.
The representative for each Party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
7.17 Conflicts between Terms.
If an apparent conflict or inconsistency exists between the main body of this Agreement and the exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable Federal, State, or local law, rule, regulation, order or code and this Agreement, the law, rule, regulation, order or code shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits, and laws, rules, regulations, orders or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
7.18 Non-Appropriation.
This Agreement is based on the availability of public funding on the part of the City. In the event of unavailability or non-appropriation of funds, the City may either agree to make up the shortfall in a manner of its choosing or terminate the Agreement, without penalty, after written notice to the Consultant. Should the City elect to terminate the Agreement, it shall compensate the Consultant for the work it has performed up to the date of termination.
ARTICLE VIII
CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of City's Request for Proposal, Exhibit "F" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "A" hereto. In the event of conflict, the requirements of City's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals. The incorporation of the Consultant
provided only, and any other terms and conditions included in such proposal shall have no force
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and effect on this Agreement or the relationship between Consultant and/or City, unless expressly agreed to in writing.
ARTICLE IX
AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrant(s) and represent(s) that they have the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, this Agreement is executed by the City Council of the City of El Centro, acting by and through the City Manager, authorizing such execution, and by the Consultant.
THE CITY OF EL CENTRO
Date: By:
Cedric Ceseña, City Manager
ATTEST:
Norma Wyles, City Clerk
I HEREBY CERTIFY I can legally bind R3E Services LLC, and that I have read all of this Agreement, this day of , 2023.
Date: By:
Ramiro R. Ramos
Principle Managing Director
I HEREBY APPROVE the form and legality of the foregoing Agreement this day of 2023.
APPROVED AS TO FORM
Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
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EXHIBIT A SCOPE OF WORK
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EXHIBIT B FEE SCHEDULE
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EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
I
TYPES OF INSURANCE
Consultant shall provide the following types and amount of insurance:
Note: verify minimum limit for each coverage with Risk Manager A. Commercial General Liability.
Commercial General Liab
exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross-liability exclusion for claims or suits by one insured against another.
Limits are subject to review but in no event less than $1,000,000 per occurrence and $2,000,000 aggregate.
B. Business Auto Coverage.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a nonowned auto endorsement to the general liability policy described above. If Consultant or evidence of personal auto liability coverage for each such person.
C. .
Workers Compensation on a state-approved policy form providing statutory benefits as required by D. Professional Liability or Errors and Omissions Insurance.
Professional Liability or Errors and Omissions insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in r before the
effective date of this agreement.
E. Claims-made Limitations.
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The following provisions shall apply if any of the required policies are written on a claims-made basis:
a. The Retroactive Date of the policy must be shown and must be before the date of the Agreement or the beginning of the contracted work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a Retroactive Date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The Public Agency shall have the right to the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
F. Unemployment and Disability Insurance.
Unemployment and disability insurance shall be provided and maintained in the manner and in the amounts required by the Unemployment Insurance Code.
II
INSURER QUALIFICATIONS
Insurance procured pursuant to these requirements shall be written by insurer that are admitted - or better and a minimum
financial size VII.
III
GENERAL CONDITIONS
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insureds City of El Centro, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or equivalent provisions as determined by the Office of the City Attorney for the City of El Centro in its sole discretion. Consultant also agrees to require all contractors, subcontractors and anyone else involved in any way with the project contemplated by this agreement, to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
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4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsements of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate souding any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance general liability policy, shall be delivered to City at or prior to the execution of this Agreement.
In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interest under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Endorsements and certificate(s) are to reflect that the insurer City of any cancellation of coverage. Consultant agrees to require its insurer to modify such endorsements or certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of canc
(as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its -insured
retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written
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notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any Party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City not does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Co
acceptable. A certificate of insurance and an additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only at it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. 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.
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EXHIBIT D
CONSULTANT FINANCIAL DISCLOSURE STATEMENT
1 Consultant will comply with all conflict of interest laws and regulations including, without limitations, City s Conflict of Interest Code (on file in the City Clerk s Office) as required by Section 4.10 of this Agreement. It is incumbent upon the Consultant to notify the City pursuant to Sections 7.1 and 7.5 of any staff changes relating to this Agreement. The City Manager has made the following determination and Consultant, by his/her signature, acknowledges said determination. 2
A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required of any officers, employees, and/or agents of Consultant. Consultant duties are as follows:
Cedric Ceseña, City Manager Consultant Signature & Title B. In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant may make or participate in making a governmental decision, which may have a foreseeable material effect on a financial interest. As a result, the Consultant shall be subject to the Disclosure Category nsultant of the City s Conflict of Interest Code.
Cedric Ceseña, City Manager Consultant Signature & Title 1 Title 2, Division 6. California Code of Regulations Section 18701(a)(2). Pursuant to a contract with a local government agency, a consultant shall be required to file a Statement of Economic Interest if that consultant will: (A) Make a government decision whether to: (1) Approve a rate, rule or regulation; (2) Adopt or enforce a law; (3) Issue, deny, suspend or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; (4) Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval; (5) Grant agency approval to a contract which requires agency approval and which the agency is the party or to the specifications for such contract; (6) Grant agency approval to a plan, design, report, study or similar item; or (7) Adopt, or grant approval of policies, standards or guidelines for the agency or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in regulation 18702.2 or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency s Conflict of Interest Code, under Governmental Code Section 87302 2 Disclosure by Consultants: Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the adopted Conflict of Interest Code, subject to the following limitations: The City Manager may determine in writing that a particular consultant, although a designated position , is hired to perform a range of duties that is limited in scope and closely supervised, and, thus, is not required to comply with the disclosure requirements in the City s adopted Conflict of Interest Code. Such written determination shall include a description of the co duties.
The City Manager determination is a public record and shall be retained for public inspection in the same manner and location as the adopted Conflict of Interest Code.
EXHIBIT E CDBG REQUIREMENTS
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EQUAL OPPORTUNITY
1. The Civil Rights, Housing and Community Development and Age Discrimination Acts Assurances
During the performance of this Contract, the City of El Centro and the Consultant both assure that no otherwise qualified person shall be excluded from the participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, gender, age or disability, under any program or activity funded by this Contract, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development act of 1974, as amended, and the Age Discrimination Act of 1975, the Fair Housing Act of 1988, and all implementing regulations.
2. The City of El Centro agrees to implement the Rehabilitation Act of 1973, as amended, and its regulations, 24 CFR Part 8, including, but not limited to, for Grantees with fifteen (15) or more permanent full or part time employees, the local designation of a special person charged with local
3. The Training, Employment and Contracting Opportunities Assurance of Compliance:
a. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns, which are located, or owned in substantial party by persons residing, in the area of the project.
b. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and urban Development set forth in 24 CFR part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. c. The City of El Centro will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advertising the
representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
d. The City of El Centro and the Contractor will include these Section 3 clauses in the Contract and subcontract for work in connection with the project and will, at the
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direction of the State, take appropriate action pursuant to the Contract upon a finding that the City of El Centro or the Contractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 and, will not let any contract unless the City of El Centro or the Contractor has first provided it with a preliminary statement of ability to comply with the requirement of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be condition of the Federal financial assistance provided to the project, binding upon the City of El Centro, its successors and assigns.
Failure to fulfill these requirements shall subject the City of El Centro, the Contractor, its successors and assigns to those sanctions specified by the grant or the Contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.
4. State Nondiscrimination Clause
a. During the performance of this Contract City of El Centro and the Contractor shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability, medical condition (cancer), physical disability (including HIV and AIDS), marital status, age (over 40), gender, denial of family and medical leave and denial of pregnancy leave. The Contractor shall insure that the evaluation and treatment of his employees and applicants for employment are free of such discrimination and harassment. The Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.) and the applicable regulations promulgated under (California Code of Regulations, Title 2, section 7258.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990(a-f), set forth in Chapter 5, of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. City of El Centro and the Contractor shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
b. City of El Centro and the Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontract to perform work under the Contract.
5. Americans with Disabilities Act (ADA) of 1990
By signing this Contract, the parties to this Contract assure the State that they will comply with the Americans with Disabilities Act (ADA) of 1990, (42 USC 12101 et seq.), which prohibits discrimination on the basis of disability as well as all applicable regulations and guidelines issued pursuant to the ADA.
6. Assurance of Compliance with Requirements Placed on Construction Contracts of Ten Thousand Dollars ($10,000) or More
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The City of El Centro and the Contractor hereby agree to place in every contract for construction exceeding ten thousand dollars ($10,000) the Notice of Requirement for Affirmative Action to ensure Equal Employment Opportunity (Executive Order 11246), the Standard Equal Employment Opportunity, Construction Contract Specifications. The City of El Centro furthermore agrees to insert the appropriate Goals and Timetable issued by the U.S. Department of Labor in the Contract and all subcontracts.
7. Drug Free Workplace Certification
The City of El Centro and the Contractor hereby agree to abide by the State Drug Free Workplace Planning/Technical Assistance grant agreement with the Department of Housing and Community Development.
ADDITIONAL CDBG COMPLIANCE REQUIREMENTS
1. LABOR STANDARDS FEDERAL LABOR STANDARDS PROVISIONS
The City of El Centro and the Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of:
Davis-Bacon Act (40 USC 276a-5) requires that workers receive no less than the prevailing wages being paid for similar work in their locality. Prevailing wages are computed by the Department of Labor and are issued in the form of Federal wage decisions for each classification of work. The law applies to most construction, alteration or repair contracts of two thousand dollars ($2,000). - requires that workers be paid at least once per week
without any deductions or rebates except permissible deductions.
Contract Work Hours and Safety Standards Act CWHSSA (40 USC 327-333) requires that hourly wage after they have worked forty (40) hours in one (1) week.
Title 29. Code of Federal Regulations. Subtitle A. Parts 1. 3. and 5 are the regulations and procedures issued by the Secretary of Labor for the administration and enforcement of the DavisBacon Act, as amended.
2. CLEAN AIR AND WATER/ENVIRONMENTAL REGULATIONS
The City of El Centro and the Contractor agree to abide by the State rules and regulations regarding such matters as clean air and water and environment regulations.
3. NLRB CERTIFICATION/PROCUREMENT/PROGRAM INCOME/UNIFORM ADMIN
REQUIREMENTS
The City of El Centro and the Contractor agree to abide by the State rules and regulations regarding such matters as NLRB, procurement, program income and uniform administrative requirements.
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4. ANTI-LOBBYING CERTIFICATION
The City of El Centro shall require that the language of this certification be included in the Contract and all subcontracts entered into in connection with this grant activity and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and no more than one hundred thousand dollars ($100,000) for such failure.
The undersigned certifies, to the best of his or her knowledge or belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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. b. 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, it will complete and submit Standard Form
5. Bonus or Commission. Prohibition Against Payments of:
The assistance provided under this Contract shall not be used in the payment of any bonus or commission for the purpose of:
a.
b.
c. any other approval or concurrence of the State required under this Contract, Title I of the Housing and Community Development act of 1974, or the State regulations with respect thereto:
provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.
6. Conflict of Interest of Certain Federal Officials
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No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise from the same.
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EXHIBIT F
City of El Centro
Request for Proposals for
Housing Conditions Survey
Release Date: July 28, 2023
Contact Information:
City of El Centro
Community Services Department
Economic Development Division
1249 Main Street
El Centro, CA 92243
Phone: (760) 337-4543
www.cityofelcentro.org
Due Date: August 28, 2023
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TABLE OF CONTENTS
SECTION Page Number
2 3
1.0 3
2.0 3
3.0 3-5
4.0 Selec 5
5.0 6
6.0 6
7.0 6-7
8.0 Additional Ser 7
9.0 7
10.0 7-11
11.0 11-12
12.0 Environmental Re
13.0 Business License Req
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REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF EL CENTRO, CALIFORNIA, acting by and through its City Council, hereinafter referred to as the "City", will receive up to, but not later than 5:00 p.m. on August 28, 2023, sealed proposals in order to conduct a Housing Conditions Survey for the City of El Centro pursuant to Community Development Block Grant (CDBG) requirements.
Interested parties may download electronic copies of the above-mentioned Request for https://cityofelcentro.org/ ds
by PlanetBids. To download solicitation packages, new vendors will be required to register.
To be considered, an original proposal and three (3) copies must be received in the Community Services Department, Economic Development Division, of the City of El Centro located at 1249 Main Street, El Centro, California, 92243, by the date and time specified above. Late submittals will not be considered and facsimile and/or electronic mail submittals will not be accepted.
At a minimum, it is anticipated that the prospective proposer will furnish the expertise of qualified professional personnel necessary to accomplish the work. The objective of all work performed pursuant to this RFP is that the City intends to immediately proceed with the selection of a consultant or firm to conduct a Housing Conditions Survey.
For general questions or issues involving access and download of the electronic submittal documents, contact:
Clara Fimbres Obeso, Community Development Specialist
Community Services Department
(760) 337-4543
[email protected]
osals, to waive any
informality in a proposal, and to make awards in the interest of the City. Each proposer shall bear the cost of its proposal and any other related expenses.
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INFORMATION FOR PROPOSERS
1.0 PURPOSE
The City of El Centro is soliciting proposals from qualified consultants (firms) to conduct a requirements.
The City will use its standard consultant services agreement as the Governing Agreement. A copy of the draft Agreement for Consultant Services is available upon request.
2.0 BACKGROUND
Geographically, the City is situated along Interstate 8 about 120 miles east of San Diego, 60 miles west of Yuma, Arizona and 12 miles north of Mexicali, Baja California, Mexico. The City is the County seat and the largest city within Imperial County, one of the most developed agricultural regions in the Country, with an annual crop production of over $1 billion. Given that the City is the County seat, it is the administrative center and employment hub for the area and the home to a variety of County offices such as the Public Health Department and the City encompasses approximately 11 square miles in size and has a population of approximately 44,300 people, however, during weekday working hours, its population temporarily increases due to visitors conducting county business or those working in the City.
The City is a charter city and provides a variety of services to serve its residents and businesses, located within the City or within the sphere of influence. Services and facilities being provided by the City are as follows: Administrative, Drainage, Fire, Law Enforcement, Library, Parks and Recreation, Transportation, Wastewater Collection and Treatment and Water Distribution and Treatment.
3.0 PROPOSAL ELEMENTS
Proposals must address each of the elements in this section.
3.1 Qualifications
a. A brief history and
policy regarding affirmative action. Please indicate if your firm is a small business and/or a disadvantaged business as defined by the Small Business Administration and/or a women or minority owned business. b. Description of your experience as it pertains to conducting Housing Conditions Surveys.
c. A listing of at least three (3) current references, including name, address, and telephone number, for which similar services have been performed. d. A
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3.2 Proposed Scope of Work
Provide a discussion of how your firm proposes to provide the following required services and tasks:
Develop a survey database format for automated data collection and mapping for collecting the survey background information of the City.
Collect data from 2020 U.S. Census and subsequent State Department of Finance annual Housing reports, which will be extracted and used as a baseline for unit type and count.
Work with City staff to identify and compile pertinent documents, maps and data and shall review the available information provided by the City for accuracy and completeness.
Conduct a citywide parcel-by-parcel field survey of the exterior housing structures, site and frontage improvements.
Prepare a written draft survey report with maps/data and present to City staff for review of accuracy and completeness.
Complete final report and present to City Council and Planning Commission for review.
Submit all documents, tables, graphs, maps etc., in a format for posting on the
3.3 Proposal Format
The response to this RFP is your opportunity to present your previous experience and your proposed project team.
The proposal package must contain an executive summary of the proposal, emphasizing the consultants approach, qualifications and capabilities. The proposal shall identify all terms and conditions associated with the price proposal. All pricing exemptions shall be noted.
The proposal should also specifically include the following information, in this order:
1. Detailed Scope of Services to be provided as set out in 3.2 above,
2. Proposed team of personnel and any sub-consultants
3. Organizational structure of the team
4. Matrix of personnel titles with responsibilities/duties
5. Proposed facilities and equipment
6. Firm background information
7. Sub-consultant background information
8. Experience with similar scoped projects for firm, personnel and sub-consultants
9. Minimum of three (3) references for firm, personnel and sub-consultants
10. Proposed performance schedule
11. Price proposal
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3.4 Deliverables
The selected consultant will be required to submit the following documents to the City for review:
Fifteen (15) hard copies of the draft Survey inclusive of a minimum of fifteen (15) exhibits
Five (5) USB flash drives of the draft Survey
Ten (10) hard copies of the final Survey
Five (5) USB flash drives of the final Survey. The USB flash drives shall include a Microsoft Word copy of the Survey including all exhibits. The Survey shall be provided in ArcGIS format.
4.0 SELECTION PROCESS
City staff will review all RFPs submitted, determine those, which are responsive and complete, and thereafter evaluate and rank all responsive and complete proposals based upon the and the qualifications of its staff. Proposals shall provide information in sufficient detail to allow a complete evaluation or they will be rejected without review. Selection of the consultant will be based upon the proposal ranking. The contract will be awarded to the most qualified consultant whose proposal best conforms to the RFP and is, in the opinion of the City of El Centro, most appropriate and advantageous to the City.
The City reserves the right to reject any and all proposals and to negotiate terms with any qualified potential consultant. All proposals become the property of the City of El Centro upon submission. Evaluation of the proposals will be made by a Review Committee comprised of City staff. In addition to evaluating the written proposals, oral interviews may be required. All proposals shall become public upon placement on the agenda of the item to approve the selected firm. Therefore, in the event your proposal contains any proprietary information, you must mark that information as such to avoid public disclosure.
The City of El Centro will review the qualifications based on the selection criteria and 100-point scale as follows:
1. Understanding of Project Requirements and scope of work: 15 points
2. Experience with related projects: 25 points
3. Capacity to perform the Scope of Work and ability to conclude the work in a timely manner: 25 points
4. Assigned Personnel availability and accessibility: 15 points
5. Cost: 10 points
6. Woman or minority owned business: 10 points
Total Value: 100 points
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5.0 PREPARATION OF PROPOSAL
All proposals must include an original unbound and three (3) bound copies to be submitted in sealed envelopes bearing on the outside the name of the consultant, address, and the title of the RFP for which the proposal is submitted. It is the sole responsibility of the consultant to see that the City receives the proposal before the deadline for submission. Any proposal received after the scheduled closing time for receipt of proposals will be returned to the consultant unopened. Proposals may not be submitted by facsimile, electronic mail or any other means other than by personal delivery, United States Mail, or other delivery services such as Federal Express or United Parcel Service.
All questions should be addressed to Clara Fimbres Obeso at [email protected]. All answers will be provided to all those who have requested an RFP; no questions submitted less than 10 calendar days before the due date.
Proposals must be submitted to the individual below at the following address no later than 5:00 p.m. on August 28, 2023:
Adriana Nava
Community Services Director
City of El Centro
1249 Main Street
El Centro, CA 92243
Late submittals will not be considered and facsimile and/or electronic mail submittals will not be accepted.
6.0 TENTATIVE SCHEDULE
1. Request for Proposals Release Date July 28, 2023
2. Deadline to submit questions August 18, 2023
3. Proposal Due Date August 28, 2023
4. Consultant Interviews September 25, 2023
5. City Council Selection and Award October 17, 2023
6. Kick-off Meeting November 14, 2023
7. Survey Start Date November 15, 2023
8. Survey Completion Date February 15, 2024
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7.0 WITHDRAWAL OF PROPOSALS
Any consultant may withdraw their proposal either personally or by written request at any time prior to the scheduled closing time for receipt of proposals.
After submissions, additional questions may be asked by the City of those submitting a proposal and formal interviews may be conducted as well. Proposers will be notified of any additional required information or interviews after written proposals have been evaluated.
The City reserves the right to reject any and all proposals submitted; to request clarification of services submitted; to request additional information; and to waive any irregularity in the proposal and review process, as long as City procedures remain consistent with HUD procurement requirements. The City may select one consulting firm or a combination of consulting firms to provide the range of services requested. All proposals shall become public upon placement on the agenda of the item to approve the selected firm. Therefore, in the event your proposal contains any proprietary information, you must mark that information as such to avoid public disclosure.
8.0 ADDITIONAL SERVICES
There may be additional, related professional services needed that are not listed on the RFP. At the direction of the City, subsequent to written authorization, and as provided in the Professional Services Agreement, Consultant agrees to render other services, which shall include mutually agreed upon terms and conditions, including payment provisions. However, if the need for the services is caused by error, omission or negligence of the Consultant, or persons employed by the Consultant, or is required by the RFP, the Consultant shall render the directed additional services without charge of cost to the City. The terms of the Professional Services Agreement shall govern.
9.0 SOLICITATION CAVEAT
The Consultant understands and agrees that the City shall have no financial responsibility for any costs incurred by Consultant until the Consultant and City have executed the professional services agreement approved by the City, and has been authorized to proceed in writing by the City. The City reserves the right to terminate this RFP after three business da prospective Consultants. The submission of a proposal shall be conclusive evidence that the Consultant has investigated and satisfied itself as to the conditions to be encountered, the character, quality and scope of work to be performed, and the requirements of the City and of the applicable federal regulations.
10.0 INSURANCE
Consultant shall obtain, provide and maintain at its own expense during the term of this
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Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to City.
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any
accepted.
Automobile liability insurance. Consultant 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 the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
Consultant 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.
Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, policy or policies shall
include the following terms and conditions:
A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement;
Concurrency of effective dates with primary policies;
Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Other provisions or requirements.
Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for 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 contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
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Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or sub-consultants.
Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the -insurance shall be called upon to protect
it as a named insured.
. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest 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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
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. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
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Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional wh
policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. Consultant agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial compensation.
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 specifications unless approved by City.
Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Consultant 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.
Claims-made limitations. The following provisions shall apply if any of the required policies are written on a claims-made basis:
a. The Retroactive Date of the policy must be shown and must be before the date of the Agreement or the beginning of the contracted work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a Retroactive Date that precedes the date of this Agreement, Consultant
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must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The Public Agency shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
11.0 INDEMNITY
Indemnification and Defense for Professional Services.
A. Indemnity for professional liability
Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-consultants (or any other individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
B. Indemnity for other than professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
C. Duty to defend
In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall have an immediate duty to defend the City at n, to reimburse City for its costs of defense,
matters. Payment by City is not a condition precedent to enforcement of this
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indemnity. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence of the City or its officers, such time as a final judgment has been entered adjudicating the City as solely negligent. Consultant will not be entitled in the absence of such a determination fees, expert fees and costs of litigation.
12.0 ENVIRONMENTAL REVIEW
The City will be completing the National Environmental Policy Act (NEPA) documentation required for the proposed Survey. As such, please do not include NEPA compliance as part of the Scope of Services.
13.0 BUSINESS LICENSE REQUIREMENT
After selection and execution of a professional services agreement and prior to rendering services to the City, the successful consultant shall obtain a business license from the City. It is unlawful for any person to furnish supplies or services, or transact any kind of business in the City without obtaining a business license from the City. Obtain a business license application by https://cityofelcentro.org/
Department at (760)-337-4573.
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Packet Pg. 235 Attachment: Agreement FINAL (6093 : RFP Results & Award of Consultant Contract for Housing Conditions Survey) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Resolution
Prepared By: Gustavo Ibarra
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6163) DOC ID: 6163
Community Benefit Grant Program Agreement - Adult Center CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING AN AGREEMENT WITH IMPERIAL COUNTY FOR THE
COMMUNITY BENEFIT PROGRAM TO PROVIDE FUNDING FOR THE PROCUREMENT
OF COMPUTERS FOR THE ADULT CENTER PROGRAM
FISCAL IMPACT:
There is no fiscal impact to the general fund. A grant in the amount of $25,000 was secured for the Adult Center Computer Program.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
GOAL # 4 - Recreation & Lifelong Learning
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
The El Centro Adult Center is located at 385 S. 1st Street and opens daily for adults in the community. Many Adult Center participants are in their golden years and visit the Adult Center daily to socialize with other adults and participate in exercise classes, such as chair yoga, tai chi, cardio drumming, Pilates, and Zumba Gold. The participants increasingly attend enrichment programs such as crochet, jewelry, Senior nutrition, and arts and crafts. A desire has been to learn how to use computers to improve their quality of life.
City Staff worked to complete a grant application through the Imperial County Community Benefit Program. The Community Benefit Program was developed in an effort to maximize the benefits of solar energy development in Imperial County while assisting community improvement projects for its residents. The Community Services Department submitted a grant application in the amount of $25,000.
DISCUSSION:
The Community Services Department received a $25,000 grant through the Imperial County Community Benefit Program. This grant will be utilized to acquire 15 laptops that will benefit members of our community. Purchasing these laptops will pave the way for a collaborative partnership with Imperial Valley College, aimed at providing computer classes tailored to enhance computer literacy among adults in our community.
The program will be facilitated at the El Centro Adult Center activity room.
CONCLUSION:
City staff recommends approval of RESOLUTION NO. 23-___: RESOLUTION OF THE 9 Packet Pg. 236
Action Item (ID # 6163) Meeting of October 17, 2023
CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING AN AGREEMENT WITH
IMPERIAL COUNTY FOR THE COMMUNITY BENEFIT PROGRAM TO PROVIDE
FUNDING FOR THE PROCUREMENT OF COMPUTERS FOR THE ADULT CENTER PROGRAM.
ATTACHMENTS:
• Resolution - Community Grant Program - Adult Center 2023 (PDF) • Community Benefit Grant Program Agreement - Adult Center (PDF) 9 Packet Pg. 237
09/2023/cdz/A23-0181/Reso/ICCommunityGrantProgAwrdAdultCtr 1 RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING AN AGREEMENT WITH IMPERIAL
COUNTY FOR THE COMMUNITY BENEFIT PROGRAM TO
PROVIDE FUNDING FOR THE PROCUREMENT OF
COMPUTERS FOR THE ADULT CENTER PROGRAM
WHEREAS, the City of El Centro, through its Community Services Department submitted a proposal to the Imperial County Benefit Program to purchase 15 laptops to provide computer literacy classes in partnership with Imperial Valley College to residents of Imperial County; and WHEREAS, the agreement of the Parties is documented in the Agreement for Imperial County Community Benefit Program; and
WHEREAS, the City Council finds that the City’s provision of such services through approval of said Agreement is in the best interest of the City of El Centro, California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and adopted hereby.
2. That the City Council hereby does approve an agreement between the City of El Centro and Imperial County through the Community Benefit Program to provide funds in the amount of $25,000 to purchase 15 laptops on terms and conditions set out in the Agreement.
3. That the City Manager of the City of El Centro, California, is hereby authorized to sign the Agreement, a copy of which is on file in the Office of the City Clerk, on behalf of the City of El Centro, California and the Community Services Director is authorized to implement its provisions.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of 2023.
CITY OF EL CENTRO
ATTEST:
By
Norma Wyles, City Clerk
By
Martha Cardenas-Singh, Mayor
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Packet Pg. 238 Attachment: Resolution - Community Grant Program - Adult Center 2023 (6163 : Resolution - Community Benefit Grant Agreement) 09/2023/cdz/A23-0181/Reso/ICCommunityGrantProgAwrdAdultCtr 2 APPROVED AS TO FORM:
Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California held on the day of 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By
Norma Wyles, City Clerk
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Packet Pg. 239 Attachment: Resolution - Community Grant Program - Adult Center 2023 (6163 : Resolution - Community Benefit Grant Agreement)
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Packet Pg. 261 Attachment: Community Benefit Grant Program Agreement - Adult Center (6163 : Resolution - Community Benefit Grant Agreement) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Resolution
Prepared By: Gustavo Ibarra
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6166) DOC ID: 6166
Community Benefit Grant Program Agreement - KYOTES
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING A GRANT AGREEMENT FROM THE IMPERIAL COUNTY COMMUNITY BENEFIT PROGRAM FOR THE CITY'S KYOTES PROGRAM.
FISCAL IMPACT:
There is no fiscal impact to the general fund. The City has received a $25,000 grant for the recreation program, known as “KYOTES,” Keeping Youth on Track - Education and Safety.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
GOAL # 4 - Recreation & Lifelong Learning
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Not applicable.
BACKGROUND:
The KYOTES Program was formerly the National Youth Project Using Mini-Bikes Program (NYPUM), which was a long-standing program in the recreation division.
KYOTES aims to teach youth about desert trails, conservation, minibike safety, tool education, fishing, outdoor camping, and proper cooking. The program targets junior high school and high school students who desire adventure. More recently, City Staff applied for a grant under the Imperial County Community Benefit Program, and the grant was awarded.
DISCUSSION:
The City has received a $25,000 grant through the Imperial County Community Benefit Program. This grant will be utilized for educational sessions aimed at benefiting the youth in Imperial County and to purchase supplies and services for the KYOTES program.
The program will be facilitated at the El Centro Community Center and the City's Incubator Space #2.
CONCLUSION
City staff recommends approval of Resolution 23-___: RESOLUTION OF THE CITY OF
EL CENTRO APPROVING A GRANT AGREEMENT FROM THE IMPERIAL COMMUNITY BENEFIT PROGRAM FOR THE CITY’S KYOTES PROGRAM.
ATTACHMENTS:
• Imperial County Community Benefit Program Grant Agreement -KYOTES (PDF) 10 Packet Pg. 262
Action Item (ID # 6166) Meeting of October 17, 2023
• Resolution - Community Grant Program - KYOTES 2023 (PDF) 10 Packet Pg. 263
Imperial County Community Benefit Program Grant Agreement – CITY OF EL CENTRO (KYOTES) 1 GRANT AGREEMENT
Imperial County Community Benefit Program
CITY OF EL CENTRO
THIS GRANT AGREEMENT (“Agreement”) is made and entered into effective this day of , 2023, by and between the County of Imperial (“County”), a political subdivision of the State of California, and CITY OF EL CENTRO, (“Grantee”) for the purpose of providing grant funding for the CITY OF EL CENTRO – Keeping Youth on Track Education/Safety (KYOTES) Program, (“Project”).
Article I.
Purpose
The Community Benefit Program provides grant funds for public agencies, non-profit community organizations and residents of the County of Imperial for one-time funding in support of infrastructure improvement, job creation, economic development and the enhancement of the quality of life on local communities. This Agreement shall set forth the terms and conditions under which Community Benefit Program funds are to be distributed to Grantee for the purpose of funding and/or implementing the Project as described in Grantee’s Community Benefit Program Application.
Article II.
Project
Grantee’s project has been found by the County Board of Supervisors to meet the goals and objectives established for the Community Benefit Program. The County Board of Supervisors has agreed to provide Grantee with a funding grant for the scope of work described in Grantee’s Community Benefit Program Application, attached hereto and incorporated herein as Exhibit A. The Grant Approval Letter is attached hereto as Exhibit F. Grantee understands that it shall be responsible for implementing the Project as described in Exhibit A and according to requirements of the “Guidelines for the Imperial County Community Benefit Program and Application” (“Guidelines”) approved by the Board of Supervisors on March 22, 2016 through Imperial County Minute Order No. 17. The Project and Grant funds shall also be subject to all provisions of applicable statutes, County laws and requirements governing County contracts.
Article III.
Deadlines and Term of the Agreement
Section 3.1. Term of Agreement
The effective date of this Agreement is the date first written above upon which it is executed by the County, and this Agreement shall terminate on the date of grant termination identified as June 30, 2024.
Section 3.2. Deadlines
Grantee shall meet the following deadlines in order to maintain funding eligibility:
Notification of Inability to Expend Grant Funds June 01, 2024 Final Expenditure Deadline June 30, 2024
Return of Unexpended Grant Funds July 31, 2024
Funding Request Deadline July 31, 2024
Submission of Final Expenditure Report July 31, 2024
Grant End Date June 30, 2024
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Packet Pg. 264 Attachment: Imperial County Community Benefit Program Grant Agreement -KYOTES (6166 : Resolution - Community Benefit Grant Imperial County Community Benefit Program Grant Agreement – CITY OF EL CENTRO (KYOTES) 2 Article IV.
Award of Grant
Section 4.1. Grant Amount
To achieve the Scope of Work set forth in this Agreement, the County hereby grants to Grantee under the terms of this Agreement a one-time grant award amount not to exceed Twenty-Five Thousand Dollars ($25,000.00) (“Grant”). Grant funds shall be disbursed pursuant to the provisions of this Agreement.
Section 4.2. Grant Timelines
Work performed prior to the effective date of this Agreement or after June 30, 2024, shall not be funded.
The effective date of this Agreement shall be the date first written above of it’s execution by County, only after execution by the Grantee. All awarded funds shall be requested from County no later than July 31, 2024. Funds granted under this Agreement shall not be expended after the grant termination date listed in Section 3.1. It is the responsibility of the Grantee to monitor the project and timeliness of draws within the specified dates. Disbursement and administration of the Grant funds shall be according to the provisions outlined in Section 5.3.
Article V.
BUDGET DETAIL AND PAYMENT PROVISIONS
Section 5.1. Allowable Use of Grant Funds
Grant funds shall be used exclusively for projects approved by the County which have been determined by the County to meet the Goals and Objectives of the Program.
Section 5.2. Performance
Grantee shall take all necessary actions and pay such necessary expenses for completion of the Project specified in Exhibit A in accordance with the schedule for completion set forth therein and the terms and conditions of this Agreement.
Section 5.3. Disbursement of Grant Funds
(a) Prior to disbursement of grant funds, the Grantee shall, except as the Parties may otherwise agree in writing, furnish to County, an acceptable resolution from Grantee’s governing body authorizing the exact grant award amount encumbered by this Agreement. (b) The Grantee shall make any and all request(s) for disbursement no earlier than ninety (90) days from the anticipated need for the funds, using the forms provided by the County. A copy of which is attached hereto as Exhibit B and are also available at the County Executive Office located at 940 Main Street, Suite 208, El Centro, California 92243. The Grantee shall expend the funds within 90 days from the date of receipt from the County, or by date of grant termination identified in Section
3.1., whichever occurs earlier, and provide County with subsequent supporting documentation. (c) Failure to expend contract funds in a timely manner may affect future funding. (d) Grantee shall deposit Grant funds in a separate, segregated interest bearing checking or savings account, in an institution whose deposits are insured by the federal or state government. All interest earned from the deposit of Grant funds shall be used for allowable Program purposes and accounted for to the County. All funds not expended within 90 days of receipt, or by the date of grant termination identified in Section 3.1., as applicable, shall be returned to the County with accrued interest.
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Packet Pg. 265 Attachment: Imperial County Community Benefit Program Grant Agreement -KYOTES (6166 : Resolution - Community Benefit Grant Imperial County Community Benefit Program Grant Agreement – CITY OF EL CENTRO (KYOTES) 3 (e) The Grantee shall make a good faith effort to minimize the number of disbursement requests to the County by anticipating costs and requesting in advance the maximum amount of funds that can be expended within the (ninety) 90 day time frame.
(f) The Grantee shall inform the County within a reasonable amount of time in the event that Project expenditures related to an authorized project(s) are less than the total Grant award. (g) The Grantee shall immediately inform the County, no later than June 01, 2024, if the Grantee anticipates it will not be able to expend all Grant funds by the grant termination date listed in Section
4.1. (h) The Grantee is responsible for maintaining records which fully disclose the activities funded by the Grant. Detailed documentation of each transaction shall be maintained to allow for the determination, through an audit if requested by the County, of the accuracy of the records and the allowability of expenditures charged to Grant funds. If the allowability of expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the County shall determine the reimbursement method for the amount disallowed. Any determination of the allowability of an expense shall be final and at County’s discretion. (i) Any unexpended Grant funds remaining as of the grant termination date listed in Section 4.1., must be returned to the County with accrued interest. Checks shall be made payable to the County of Imperial and shall be mailed to the County Contract Coordinator no later than July 31, 2024. (j) Failure of Grantee to provide any documents or information requested in writing by the County within ten (10) calendar days of such request shall result in the suspension of any disbursements to Grantee under this Agreement.
(k) Failure of Grantee to provide any documents or information requested in writing by the County within thirty (30) calendars days from the date of the suspension of any disbursements to Grantee by County, shall result in the termination of this Grant. (l) The Grantee shall comply with Conflict of Interest, Equal Employment Opportunity, and Labor Requirements set forth in Exhibit C and incorporated herein by this reference.
Article VI.
GENERAL TERMS AND CONDITIONS
Section 6.1. Termination
(a) Grantee acknowledges that County may immediately suspend or terminate this Agreement without cause by giving written notice to Grantee. County may terminate this Agreement at any time for violation of any federal, state or local law or regulation, or for breach of any terms or conditions contained in this Agreement or any unapproved deviation from the Grant Application. (b) In the event that this Agreement is terminated by County, Grantee shall be responsible for returning any unexpended grant funds as of the date of termination.
Section 6.2. Reporting Requirements
During the term of this Agreement, the Grantee shall submit the following reports by the deadlines specified, or as otherwise required at the discretion of the County:
(a) Upon execution of the Agreement by both Parties, Grantee shall submit quarterly progress reports on forms provided by County, to the County every ninety (90) days throughout the term of this Agreement until all Grant funds have been expended. A copy of which is provided along with this Agreement and attached hereto as Exhibit D. The Quarterly Report shall contain: (1) the progress
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Packet Pg. 266 Attachment: Imperial County Community Benefit Program Grant Agreement -KYOTES (6166 : Resolution - Community Benefit Grant Imperial County Community Benefit Program Grant Agreement – CITY OF EL CENTRO (KYOTES) 4 the Grantee has made in completing the approved projects partially or wholly funded by the Grant, including a description of the community benefit; (2) the amount of Grant funds drawn and expended to date; and (3) a description of projects completed. (b) Upon complete expenditure of the Grant funds, the Grantee shall submit a final report in a manner satisfactory to the County ("Final Report"). The Final Report shall be submitted to the County by 60 days of July 31, 2024, within 60 days of the grant termination date listed in Section 3.1., the date all funds must be expended. The Final Report shall contain a description of all services provided under the terms of the Grant. The Grantee shall use the forms provided by the County Contract Coordinator and attached hereto as Exhibit E.
Section 6.2. Point of Contact
All notices, reports, or other communication shall be in writing and shall be given by first class mail addressed as follows, or at such other address or to such person the parties may from time to time designate in writing:
COUNTY GRANTEE
Contract Coordinator: Contact Person:
Rosa C. Lopez-Solis Adriana Nava
County Executive Office CITY OF EL CENTRO
940 Main Street, Suite 208 375 South First Street
El Centro, CA 92243 El Centro, CA 92243
(442) 265-1001 760-337-4555
[email protected]
Section 6.3. Audit/Retention and Inspection of Records
Grantee agrees that the County or its designee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. Grantee agrees to provide the County or its designee with any relevant information requested and shall permit the County or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the California Public Contract Code Section 10115 et seq., the California Government Code Section 8546.7 and Title 2, California Code of Regulations, Section 1896.60 et seq. Grantee further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. Grantee shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in the California Public Contract Code Section 10115.10.
Section 6.4. Special Conditions
The County reserves the right to add any special conditions to this Agreement it deems necessary to assure that the goals and objectives of the Program are achieved.
Section 6.5. Prevailing Wages
(a) Where funds provided through this Agreement are used for construction work, or in support of construction work, Grantee shall ensure that the requirements of Chapter I (commencing with Section 1720) of Part 7 of the California Labor Code (pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations) are met. (b) For the purpose of this requirement "construction work" includes, but is not limited to rehabilitation, alteration, demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract,
10.a
Packet Pg. 267 Attachment: Imperial County Community Benefit Program Grant Agreement -KYOTES (6166 : Resolution - Community Benefit Grant Imperial County Community Benefit Program Grant Agreement – CITY OF EL CENTRO (KYOTES) 5 with the use of a properly licensed building Grantee incorporating these requirements (the "construction Grantee"). Where the construction contract will be between the Grantee and a licensed building contractor, the Grantee shall serve as the "awarding body" as that term is defined in the California Labor Code. Where the Grantee will provide funds to a third party that will enter into the construction contract with a licensed building contractor, the third party shall serve as the "awarding body". Prior to any disbursement of funds, including but not limited to release of any final retention payment, the County may require a certification from the awarding body that prevailing wages have been or will be paid.
Section 6.6. Miscellaneous
(a) Authority. Grantee represents and warrants that the individual who executes this Agreement is duly authorized to do so by Grantee. Grantee warrants that it will possess all the necessary licenses and/or permits required in order to carry out the purposes of this Agreement. (b) Amendment. This Agreement may only be amended in writing by mutual agreement of the Parties and executed by County and Grantee.
(c) Limitation of Liability. In no event shall County be liable for any indirect, special, incidental or consequential damages or expenses for any negligence caused by Grantee, breach of contract or any other act arising out of or relating to this Agreement or the activities covered herein. (d) Indemnity. To the greatest extent permitted by law, Grantee agrees to indemnify, defend, protect and hold harmless County and its representatives, officers, directors, designees, employees, successors and assigns from and against any and all claims, actions, demands, liabilities, damages, losses, and expenses of whatever kind, arising in the performance of this agreement but only in proportion to and to the extent such claims, actions, demands, liabilities, damages, losses, and expenses of whatever kind are caused by or result from the negligent or intentional acts or omissions of Grantee, its officers, agents or employees. (e) Attorneys’ Fees. If either Party brings an action in a court of competent jurisdiction to enforce the terms of this Agreement, or declare rights hereunder, the prevailing Party in any such action may be entitled to its reasonable attorneys’ fees and court costs, which shall be paid by the losing Party as determined by the court.
(f) Assignment. Grantee agrees that it has no authority to assign or transfer any interest in this Agreement or any funds payable hereunder unless it first obtains the prior written approval of the County. Otherwise, there is no third party beneficiary of this Agreement. (g) Severability. If any parts of this Agreement are held to be invalid or unenforceable, the remaining parts of the Agreement shall continue to be valid and enforceable. (h) Governing Law. This Agreement shall be construed and the rights and obligations of the Parties shall be determined in accordance with the laws of the State of California. Any action arising out of this Agreement shall be heard in a court of competent jurisdiction within the County of Imperial, California.
(i) Licensed Professionals. Grantee agrees that only qualified individuals will be used to perform services that are funded, in whole or in part, through Grant funds awarded under this Agreement. (j) Related Litigation. Under no circumstances may Grantee utilize Grant funds from any disbursement under this Agreement to pay for costs associated with any litigation between Grantee and the County.
(k) Waiver. The waiver by either party to this Agreement of any term, covenant, or condition of this Agreement or of any provision, ordinance, or law, shall not be deemed to be a continuing waiver of such term, covenant, condition, or law, or of any subsequent breach of violation of the same, or of any other term, covenant, or ordinance of law.
10.a
Packet Pg. 268 Attachment: Imperial County Community Benefit Program Grant Agreement -KYOTES (6166 : Resolution - Community Benefit Grant Imperial County Community Benefit Program Grant Agreement – CITY OF EL CENTRO (KYOTES) 6 (l) Provision Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon application of either party, this Agreement shall forthwith be physically amended to make such insertion or correction.
(m) Grant Agreement Integrated. This Agreement represents the entire and integrated Agreement between the Parties and supersedes any and all other negotiations, representations, and/or agreements, either oral or in writing, between the parties hereto with respect to the award of grant funds and/or the Project. No other agreement, statement, or promise relating to the subject matter of this Agreement, which is not contained herein, shall be valid or binding. County and Grantee agree that the contents of the County’s “Guidelines for the Imperial County Community Benefit Program” (“Guidelines”) approved by the Board of Supervisors on March 22, 2016 and the Grantee’s grant application shall be incorporated herein by reference with the understanding that the terms and conditions of this Agreement take precedence over any conflicting provision in the Guidelines and Grantee’s application.
IN WITNESS WHEREOF, the County and Grantee have caused this Agreement to be executed as of the date first written above.
COUNTY OF IMPERIAL GRANTEE
By:___________________________ By:_____________________________ Name: Miguel Figueroa Name: Cedric Cesena
Title: County Executive Officer Title: City Manager
APPROVED AS TO FORM:
Eric Havens, County Counsel
By:
Steven Yonan, Deputy County Counsel
10.a
Packet Pg. 269 Attachment: Imperial County Community Benefit Program Grant Agreement -KYOTES (6166 : Resolution - Community Benefit Grant Imperial County Community Benefit Program Grant Agreement – CITY OF EL CENTRO (KYOTES) 7 Exhibit A
Community Benefit Program
Application
10.a
Packet Pg. 270 Attachment: Imperial County Community Benefit Program Grant Agreement -KYOTES (6166 : Resolution - Community Benefit Grant Imperial County Community Benefit Program Grant Agreement – CITY OF EL CENTRO (KYOTES) 8 Exhibit B
Community Benefit Program
Grant Disbursement Form
10.a
Packet Pg. 271 Attachment: Imperial County Community Benefit Program Grant Agreement -KYOTES (6166 : Resolution - Community Benefit Grant Imperial County Community Benefit Program Grant Agreement – CITY OF EL CENTRO (KYOTES) 9 Exhibit C
Conflict of Interest
Equal Employment Opportunity
Labor Requirements
10.a
Packet Pg. 272 Attachment: Imperial County Community Benefit Program Grant Agreement -KYOTES (6166 : Resolution - Community Benefit Grant Imperial County Community Benefit Program Grant Agreement – CITY OF EL CENTRO (KYOTES) 10 Exhibit D
Community Benefit Program
Progress Report Form
10.a
Packet Pg. 273 Attachment: Imperial County Community Benefit Program Grant Agreement -KYOTES (6166 : Resolution - Community Benefit Grant Imperial County Community Benefit Program Grant Agreement – CITY OF EL CENTRO (KYOTES) 11 Exhibit E
Community Benefit Program
Final Report Form
10.a
Packet Pg. 274 Attachment: Imperial County Community Benefit Program Grant Agreement -KYOTES (6166 : Resolution - Community Benefit Grant Imperial County Community Benefit Program Grant Agreement – CITY OF EL CENTRO (KYOTES) 12 Exhibit F
County Executive Office
Grant Approval Letter
10.a
Packet Pg. 275 Attachment: Imperial County Community Benefit Program Grant Agreement -KYOTES (6166 : Resolution - Community Benefit Grant 09/2023/cdz/A23-0176/Reso/GrantAgrmtICCBKyotesProg
RESOLUTION NO. 23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING A GRANT AGREEMENT FROM THE
IMPERIAL COUNTY COMMUNITY BENEFIT PROGRAM FOR THE
CITY’S KYOTES PROGRAM
WHEREAS, the City of El Centro’s Community Services Department submitted an application to the County for a grant of funds under the County’s Keeping Youth on Track Education/Safety the ( “KYOTES” program) and has received a $25,000 grant from that program; and
WHEREAS, to accept the grant and receive funding requires that the City Council enter into a grant agreement with the County, which agreement sets out the terms and conditions of the grant (“Agreement”); and
WHEREAS, the City Council finds that its approval of the Agreement will be in the best interests of the City and will provide needed services to youth in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFONRIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and adopted.
2. That the City Council does hereby approve the Agreement.
3. That the City Manager hereby is authorized to sign said Agreement, identified as “Exhibit 1”, a copy which is on file in the office of the City Clerk, on behalf of the City and to take any and all actions necessary to implement it. .
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023
CITY OF EL CENTRO
By
Martha Cardenas Singh, Mayor
10.b
Packet Pg. 276 Attachment: Resolution - Community Grant Program - KYOTES 2023 (6166 : Resolution - Community Benefit Grant Agreement) 09/2023/cdz/A23-0176/Reso/GrantAgrmtICCBKyotesProg
ATTEST:
By
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By
Norma Wyles, City Clerk
10.b
Packet Pg. 277 Attachment: Resolution - Community Grant Program - KYOTES 2023 (6166 : Resolution - Community Benefit Grant Agreement) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Library
El Centro, CA 92243 Category: Grant
Prepared By: Carla Mason
SCHEDULED Department Head: Carla Mason
ACTION ITEM (ID # 6137) DOC ID: 6137
Approve the California State Library Adult Literacy Grant CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO APPROVING A GRANT AGREEMENT FROM THE CALIFORNIA
STATE LIBRARY FOR ADULT LITERACY AND ENGLISH AS A SECOND LANGUAGE
SERVICES
FISCAL IMPACT:
None
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
GOAL #4 - Recreation and Lifelong Learning
Action 4.6 - Support programs and amenities to further develop literacy, health, and education of children, youth, and seniors.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
The City of El Centro Library applied for a grant from the California State Library Literacy Services for Adult Literacy to enable adults to develop their literacy skills, achieve their learning goals, and use library services effectively. The Library has received an award letter from the state that the grant was approved for $32,947.
DISCUSSION:
Adults will receive tutoring on improving reading skills and/or writing skills. Literacy services contribute to the library’s mission to provide equity of access to lifelong learning opportunities. Literacy services also bring a new and diverse clientele to the library, increase the library’s visibility, and enhance community goodwill toward the library.
CONCLUSION:
The Library staff recommends the approval of the California State Library Literacy Services Grant Award for Adult Literacy.
ATTACHMENTS:
• Adult Literacy Resolution (DOCX)
• CLLS23-101_City_of_El_Centro_Literacy_Service Grant (PDF) 11 Packet Pg. 278
09/2023/cdz/A23-0187/Reso/GrantAgrmyAdultLiteracy&ESLProg RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING A GRANT AGREEMENT FROM THE
CALIFORNIA STATE LIBRARY FOR ADULT LITERACY AND
ENGLISH AS A SECOND LANGUAGE SERVICES
WHEREAS, the City of El Centro’s Library Department submitted an application to the California State Library for grant of funds for Adult Literacy and English as a Second Language Programs and has received a total of $65,895 from that program; and WHEREAS, to accept the grant and receive funding requires that the City Council enter into a grant agreement with the California State Library, which agreement sets out the terms and conditions of the grant (“Agreement”); and
WHEREAS, the City Council finds that its approval of the Agreement will be in the best interests of the City and will provide needed services at the library.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFONRIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and adopted.
2. That the City Council does hereby approve the Agreement.
3. That the City Manager or desingeebhereby is authorized to sign said Agreement, identified as “Exhibit 1”, a copy which is on file in the office of the City Clerk, on behalf of the City and to take any and all actions necessary to implement it.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023
CITY OF EL CENTRO
By
Martha Cardenas Singh, Mayor
11.a
Packet Pg. 279 Attachment: Adult Literacy Resolution (6137 : Adult Literacy Grant) 09/2023/cdz/A23-0187/Reso/GrantAgrmyAdultLiteracy&ESLProg ATTEST:
By
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By
Norma Wyles, City Clerk
11.a
Packet Pg. 280 Attachment: Adult Literacy Resolution (6137 : Adult Literacy Grant) Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
September 11, 2023
Carla Mason
El Centro Public Library
1198 N. Imperial Avenue
El Centro, CA 92243
Dear Ms. Mason,
I am pleased to inform you that your application for the El Centro Public Library to join the California Library Literacy Services program was successful. You are eligible to begin receiving funding to support your library’s adult literacy and English as a Second Language programs beginning in the 2023-2024 fiscal year.
Your library was selected for its commitment to serving the literacy needs in your community and its promising sustainability.
For the first year of the California Library Literacy Services grant cycle, your total award amount is:
x Adult Literacy Services: $32,947
x Total CLLS Award Amount: $32,947
Your adult award will be claimed in two stages. The claim form included will allow you to request the first 90% of your Adult Literacy Services Award:
x 90% of the Adult Literacy Award: $29,652
x Total Initial Award Amount: $29,652
Information about claiming the remainder of your award is included in the payment schedule at the end of your award packet.
In addition, you will receive a total of $32,948 of English as a Second Language award through California Library Literacy Services program.
Please note: Your Adult Literacy Services award funds will be sent in one DocuSign packet, while your English as a Second Language award funds will be sent in a separate DocuSign packet. All documents contained in each DocuSign packet must be completed without errors to claim your award funds.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 281 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
Your funds must be encumbered by June 30, 2024, and fully expended, in accordance with your approved budget on file with the State Library, by December 31, 2024. Encumbered funds are those that have been deposited in the grantee’s accounting system and for which a budget has been provided to and approved by the State Library.
To be eligible for ongoing funding, your literacy program must continue to meet the CLLS Mission, Values, and Program Essentials and reporting requirements. In the first three fiscal years of your California Library Literacy Services participation (2023-2024, 2024-2025, and 2025-2026), you will be eligible to receive California Library Literacy Services funding at the current level identified above. However, please be advised that any future reductions to State Library or California Library Literacy Services allocations in the state budget could result in a smaller amount of California Library Literacy Services funding available to you.
Beginning in Year 4 of your California Library Literacy Services funding (2026- 2027), you should anticipate that your allocation will be determined solely by the funding formula. In Year 4, your library must provide a local match for adult literacy services, whether from local government, grants, fundraising, or support groups, to be eligible for the funding formula. Programs that do not meet the local match requirement for adult literacy services will receive the baseline funding award. English as a Second Language Services does not currently use a funding formula for award calculation and the current funding period ends June 30, 2026. A local match is not required for English as a Second Language services. In addition, if your program’s numbers of adult learners served and/or local dollars raised and spent on adult literacy have not increased at a rate to sustain the amount you have been allocated during the first three years of funding, you may experience a decrease in California Library Literacy Services funding. We strive to help programs succeed, and we will work with you to minimize any decrease from the previous year.
Starting the 2023-2024 California Library Literacy Services program cycle, you will be asked to report on your California Library Literacy Services program twice each year. You will be notified in advance when online reporting is available to access. Our staff will provide more details on this process, as well as on what data you should begin to collect. Additionally, you will be required to submit an application for 2024-2025 CLLS funding in spring 2024. California Library Literacy Services applications and reports are submitted electronically through our grants management system, Counting Opinions.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 282 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
We recommend that you and your literacy staff spend time reviewing the California Library Literacy Services website at your earliest convenience. Please pay special attention to the Roles and Goals instructions, the CLLS Mission, Values, and Program Essentials, and the orientation materials. These online instructional materials can be found at www.libraryliteracy.org, click on “For Coordinators,” and go to “Roles and Goals,” and to “Mission, Values, and Program Essentials.”
Programs are required to participate in a regional literacy network, such as a library literacy network. We strongly encourage your program staff to develop and maintain community partners to strengthen your program, participate in your local Adult Education Consortium/a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the CLLS Mission, Values, and Program Essentials.
The State Library literacy team looks forward to meeting with you and your literacy coordinator at the next in-person CLLS New Coordinator and Director Orientation to be scheduled in winter 2024. Please contact your grant monitor, Allyson Jeffredo, or your advisor, Beverly Schwartzberg, for full information about the orientation and with any questions about your award and participation in the California Library Literacy Services program. Allyson can be reached at (916) 603-6709 or [email protected]. Beverly can be reached at (916) 701-6880 or [email protected].
Best wishes in implementing your important library literacy services.
Respectfully yours,
Greg Lucas, California State Librarian
Cc: Beverly Schwartzberg, [email protected] Allyson Jeffredo, [email protected]
Fiscal Office, [email protected]
Enc: Re: CLLS23-101: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 283 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
THE BASICS – YOUR GRANT AWARD
The following provides basic information about your grant and managing your grant.
Award #: CLLS23-101
Library: El Centro Public Library
Total Award Amount: $32,947
APPROVED ALS BUDGET
Salary and Benefits $32,947
Contract Staff $ 0
Operations $ 0
Library Literacy Materials $ 0
Small Equipment $ 0
Equipment ($5,000 or more per unit) $ 0
Subtotal $32,947
Indirect $ 0
Grant Total $32,947
Start Date: Upon execution
End Date: June 30, 2024
Please understand that it can take between eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.
CONTACT
We want your project to be successful. Please work with the program staff listed below to implement your project:
Literacy Analyst: Allyson Jeffredo
Phone Number: (916) 603-6709
Email Address: [email protected]
Library Programs Consultant: Beverly Schwartzberg
Phone Number: (916) 701-6880
Email Address: [email protected]
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 284 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.
The claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18883 of the California Education Code.
1198 N. Imperial Avenue, El Centro, CA 92243
SIGNED DATE
Signature - Authorized representative
Typed/Printed Name and Title of Authorized Representative Email address of authorized representative
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 [email protected]
City Manager Cedric Cesena
In Process
11.b
Packet Pg. 285 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
PROJECT INFORMATION:
Invoice #: CLLS23-101
Project Title: California Library Literacy Services
Grantee: El Centro Public Library
Funding Start Date: Upon execution
Term Completion: June 30, 2024
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 286 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
Total Award: $32,947
PAYMENT SCHEDULE:
Libraries receive 90% of their Adult Literacy Services award upon receipt of the award letter.
Libraries receive the final payment of their Adult Literacy Services award after successful completion of the CLLS Mid-Year Report form.
Note: Libraries have 18 months to spend their California Library Literacy Services award funds, from July 1, 2023, in which the funds are awarded until December 31 the following year.
Adult Literacy Services Total Allocation
Initial Payment $29,652 $29,652
Final Payment $3,295 $3,295
Total: $32,947 $32,947
REPORTING:
Libraries will be required to submit a mid-year financial and narrative report and a final report. Reminder emails will be sent out beginning six weeks before the required report is due.
All required reporting materials will be located on the California State Library’s website. The reporting schedule is detailed below.
Mid-year Financial and Narrative
Report
Due January 31, 2024
Final Report Due September 30, 2024
Note: A budget modification form will be required for all budget changes regardless of amount. Modification forms may be submitted throughout the year but no later than May 31st.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 287 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant)
STATE FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 288 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
TABLE OF CONTENTS
PROJECT SUMMARY 2
PROCEDURES AND REQUIREMENTS
A. Term of the Agreement 3
B.
g
Scope of Work 3
C.
p
. Budget Detail 3
D.
g
. Narrative and Financial Reports 4
E.
p
Claim Form and Payment 5
EXHIBIT A: TERMS AND CONDITIONS 7
EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM 22
Certification 25
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES 27
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 289 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and El Centro Public Library for the California Library Literacy Services project.
AWARD AGREEMENT NUMBER CLLS23-101
This Award Agreement (“Agreement”) is entered into on July 1, 2023, by and between the California State Library (“State Library”) and El Centro Public Library, (“Grantee”).
This Award Agreement pertains to Grantee’s State-funded California Library Literacy Services project.
The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds in the amount of $32,947 through the process adopted by the State Library in administering such grants.
The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 290 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins July 1, 2023, and ends June 30, 2024. The project’s final expenditure date is December 31, 2024. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project's final encumbrance period ends on June 30, 2024, and all eligible program costs must be expended by December 31, 2024.
B. Scope of Work
1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the California Library Literacy Services project.
2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
x Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). x Make financial records available to the State Library upon request. x Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
x Prepare and submit required narrative and financial reports. x Procure equipment, and other supplies as needed for the project. x Issue contracts for services, personnel, and consultants as needed for the project.
x If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
x Oversee the implementation of project activities.
C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 291 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.
D. Narrative and Financial Reports
1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.
2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting Period Report Due Date
July 1 - December 31 Mid-Year Report Due January 31, 2024 July 1 – June 30 Final Report Due September 30, 2024
4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.
E. Claim Form and Payment
1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
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Packet Pg. 292 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.
3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.
4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.
5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
6. The Final Payment of 10% (if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.
7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.
The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.
8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 293 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 294 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.
However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.
The California State Library reserves the right to post project materials to its website that are in compliance with these standards.
2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the California Library Literacy Services project.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
“Funding provided by the State of California.”
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 295 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form or contact your grant monitor for the State Library’s form.
3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees, or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.
4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified, or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.
5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 296 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.
8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.
9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:
El Centro Public Library
Carla Mason
1198 N. Imperial Avenue
El Centro, CA 92243
[email protected]
California State Library
Allyson Jeffredo
900 N Street
Sacramento, CA 95814
[email protected]
(916) 603-6709
1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.
2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
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Packet Pg. 297 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.
3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases, or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post, or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.
4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.
5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.
6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 298 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
2) The Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.
7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.
8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.
9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.
10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 299 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
12. Failure to Perform: The grant being utilized by the Grantee is to benefit the California Library Literacy Services project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.
13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments.
Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.
14. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.
15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.
16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.
17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.
18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 300 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.
19. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.
20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.
21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.
22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.
23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 301 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
24. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute, or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without thirdparty rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.
25. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $32,947 and shall be expended/encumbered in the designated award period.
During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.
26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.
27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.
Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
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Packet Pg. 302 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
§11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.
Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.
28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.
Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.
29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).
Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications, or DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
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Packet Pg. 303 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.
30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
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Packet Pg. 304 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.
31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.
33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.
34. Privacy Protection: Both parties agree to protect the confidentiality of any nonpublic, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.
35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.
36. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.
Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.
37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
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Packet Pg. 305 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.
38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.
39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.
40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.
41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 306 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $29,652 upon execution of the agreement and submission of claim by the grantee organization.
o If applicable, second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of $3,295.
42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’slength transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.
43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.
44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.
45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 307 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.
46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.
47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.
48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.
49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 308 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.
The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 309 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
EXHIBIT B: CERTIFICATION of COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.
2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.
3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.
4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.
5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $32,947. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.
6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).
7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drugfree workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 310 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)
8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 311 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code § 10430 (e)).
9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).
10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)
11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.
13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drugfree workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drugfree workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.
14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.
15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
11.b
Packet Pg. 312 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
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Packet Pg. 313 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
EXHIBIT C: California Library Literacy Services Program Guidelines
1. California Library Literacy Services programs shall comply with the requirements in Sections 18880-18883 of the California Education Code.
2. California Library Literacy Services programs shall train and recruit volunteers to serve as tutors. Volunteer tutors are the primary instructors for the program.
3. California Library Literacy Services programs shall seek local government and community resources and develop cooperative relations with other local literacy services providers.
4. California Library Literacy Services programs will provide a base level of local and private fiscal support to be established by the California State Library.
5. In response to an expressed and recognized need from the field for specific program requirements, the California State Library and related stakeholders created a framework and program essentials. The framework and essentials describe what constitutes an effective program:
a. California Library Literacy Services programs must use the Roles and Goals framework to implement and evaluate their literacy services. b. California Library Literacy Services programs’ staff must attend their regional Library Literacy Network Meetings.
c. Tutor training for volunteers should include, at a minimum, a program orientation, tutoring basics, and instruction on learner-driven services. d. California Library Literacy Services programs must align with the following program essentials:
i. California Library Literacy Services are library based; ii. California Library Literacy Services are a core library service; iii. California Library Literacy Services are learner-driven; iv. California Library Literacy Services are community-focused; v. California Library Literacy Services are volunteer-supported; vi. California Library Literacy Services staff are professionally engaged; and
vii. California Library Literacy Services support families.
6. California Library Literacy Services Family Literacy programs (if applicable) shall provide services to prevent illiteracy through coordinated literacy and DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
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Packet Pg. 314 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
preliteracy services to families. Recruitment of parents not previously included in public library literacy programs is a high priority. Family Literacy Programs are implemented and evaluated using the Family Literacy Evaluation Framework.
Certification
ORGANIZATION
Name: Address (official and complete):
PROJECT COORDINATOR
Name:
Email: Phone:
GRANTEE AUTHORIZED REPRESENTATIVE
Name: Title:
Email: Phone:
Signature: Date:
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 Cedric Cesena City Manager
[email protected] In Process
11.b
Packet Pg. 315 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
Authorized Representative Signature
ORGANIZATION
Name: Address (official and complete):
AUTHORIZED REPRESENTATIVE
Signature: Date:
Printed Name of Person Signing: Title:
STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:
Printed Name of Person Signing: Title: California State Librarian DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 Greg Lucas
9/12/2023
City Manager Cedric Cesena
In Process
11.b
Packet Pg. 316 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) El Centro Public Library
California Library Literacy Services
2023-2024 CLLS23-101
EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Mileage:
Rate subject to change
$0.585 per mile – approved business/travel expense
Meals:
Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.
Hotel:
Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.
Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.
AIRLINE TICKETS:
Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
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Packet Pg. 317 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) 8 September 2023
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-UkraineExecutive-Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policyissues/financial-sanctions/sanctions-programs-and-country-information/ukrainerussia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.
Annly Roman
California State Library
900 N Street
Sacramento, CA 95814
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
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Packet Pg. 318 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant)
CALIFORNIA LIBRARY LITERACY AND ENGLISH ACQUISITION SERVICES
FINANCIAL CLAIM
1 st PAYMENT
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.
By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].
State of California, State Library Fiscal Office
ENY: 2023 ITEM NO: 6120-213-0001, Chapter 12, Statutes of 2023 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: N/A
By Date
(State Library Representative)
Grant Award #: CLLS23-101 Date:
Invoice #: CLLS23-101-01 PO #: 6770
Payee Name: City of El Centro
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:
Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $29,652.00 Type of Payment:
(Payable Upon Execution of Agreement) ☒ PROGRESS
Grantee Name: El Centro Public Library ☐ FINAL
(Name on Award Letter and Agreement) ☐ IN FULL
Project Title: California Library Literacy Services ☐ AUGMENT For Period From: upon execution to end of grant period
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 City Manager Cedric Cesena
In Process
11.b
Packet Pg. 319 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)
CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) ☐ SOLE PROPRIETOR / INDIVIDUAL CORPORATION (see instructions on page 2) ☐ ☐ MEDICAL (e.g., dentistry, chiropractic, etc.) SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.
The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.
If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.
Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.
For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).
For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.
For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.
Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)
☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No services performed in California
☐Copy of Franchise Tax Board waiver of state withholding is attached.
Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.
Should my residency status change, I will promptly notify the state agency below.
NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:
STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)
CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset Form
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 95814 [email protected]
Ca. State Library
Sacramento CA
Admin/Accounting
900 N Street 916-603-7157
In Process
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Packet Pg. 320 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant)
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.
Prompt return of this fully completed form will prevent delays when processing payments.
Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).
NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.
A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.
Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).
Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.
Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.
Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.
Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.
Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.
For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual.
Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.
Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.
All questions should be referred to the requesting state agency listed on the bottom front of this form.
DocuSign Envelope ID: 05EC2687-2606-4A0E-874F-D6E69AB274E9 In Process
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Packet Pg. 321 Attachment: CLLS23-101_City_of_El_Centro_Literacy_Service Grant (6137 : Adult Literacy Grant) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Library
El Centro, CA 92243 Category: Grant
Prepared By: Carla Mason
SCHEDULED Department Head: Carla Mason
ACTION ITEM (ID # 6136) DOC ID: 6136
Approval of the California State Library Literacy Grant for English as a Second Language
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO APPROVING A GRANT AGREEMENT FROM THE CALIFORNIA
STATE LIBRARY FOR ADULT LITERACY AND ENGLISH AS A SECOND LANGUAGE
SERVICES
FISCAL IMPACT:
None
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
GOAL #4 - Recreation and Lifelong Learning
Action 4.6 - Support programs and amenities to further develop literacy, health, and education of children, youth, and seniors.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
The City of El Centro Library applied for a grant from the California State Library Literacy Services for English as a Second Language to enable adults to develop their literacy skills, achieve their learning goals, and use library services effectively. The Library has received an award letter from the state that the grant was approved for $32,948.
DISCUSSION:
Adults will receive tutoring on English language acquisition, conversational fluency and pronunciation. Literacy services contribute to the library’s mission to provide equity of access to lifelong learning opportunities. Literacy services also bring a new and diverse clientele to the library, increase the library’s visibility, and enhance community goodwill toward the library.
CONCLUSION:
The Library staff recommends the approval of the California State Library Literacy Services Grant Award for English as a Second Language.
12 Packet Pg. 322
Action Item (ID # 6136) Meeting of October 17, 2023
ATTACHMENTS:
• ESL21-3-62_City_of_El_Centro__ESL_Services_Gr (PDF)
• ESL Literacy Resolution (DOCX)
12 Packet Pg. 323
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
September 8, 2023
Carla Mason
El Centro Public Library
1198 N. Imperial Avenue
El Centro, CA 92243
Dear Ms. Carla Mason,
We’re pleased to provide funds to support your English as a Second Language program and the important work that you, your staff, and your volunteers do for your community through the California Library Literacy Services program.
In 2021-2022, the state budget included one-time California Library Literacy Services funding at $15 million for English as Second Language Services. These funds will be allocated over a five-year period. This award letter covers Year 3 of funding between July 1, 2023, and June 30, 2024.
Your total award for the 2023-2024 fiscal year beginning July 1, 2023, is:
x Total Award: $32,948
Your funds must be fully expended by June 30, 2024, in accordance with your approved budget on file with the State Library. The budget listed in your award packet indicates your original grant request. Your library may have to submit a new budget for review and approval to reflect your 2023-2024 English as a Second Language Services award.
To ensure that program expenditures are consistent with the California Library Literacy Services allowable expenses, please review the California Library Literacy Services Allowable and Unallowable Expenses guidelines. If you have any questions about expenses or expending your award funds, please contact Allyson Jeffredo at [email protected].
We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the CLLS Mission, Values, and Program DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process
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Packet Pg. 324 Attachment: ESL21-3-62_City_of_El_Centro__ESL_Services_Gr (6136 : Approval of ESL Grant) Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
Essentials. Additional California Library Literacy Services resources can also be found on the California Library Literacy Services webpage.
The payment process begins when we receive your completed and signed budget modification form (if needed), claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance (attached).
All forms should be completed and signed through DocuSign to be processed for payment.
Our library literacy staff is available to assist you throughout the year. Please contact your Advisor Beverly Schwartzberg,
[email protected], and your Grant Monitor Allyson Jeffredo, [email protected], with any questions.
Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.
Respectfully yours,
Greg Lucas
California State Librarian
Cc: Beverly Schwartzberg, [email protected] Allyson Jeffredo, [email protected]
Fiscal Office, [email protected]
Enc: Re: ESL21-3-62: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance
DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process
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Packet Pg. 325 Attachment: ESL21-3-62_City_of_El_Centro__ESL_Services_Gr (6136 : Approval of ESL Grant) El Centro Public Library
THE BASICS – YOUR GRANT AWARD
The following provides basic information about your grant and managing your grant.
Award #: ESL21-3-62
Library: El Centro Public Library
Total Award Amount: $32,948
APPROVED ESL BUDGET
Salary and Benefits $32,948
Contract Staff $ 0
Operations $ 0
Library Literacy Materials $ 0
Small Equipment $ 0
Equipment ($5,000 or more per
unit) $ 0
Subtotal $32,948
Indirect $ 0
Grant Total $32,948
Start Date: Upon execution
End Date: June 30, 2024
Please understand that it can take between eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.
CONTACT
We want your project to be successful. Please work with the program staff listed below to implement your project:
Literacy Analyst: Allyson Jeffredo
Phone Number: (916) 603-6709
Email Address: [email protected]
Library Programs Consultant: Beverly Schwartzberg
Phone Number: (916) 701-6880
Email Address: [email protected]
DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process
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Packet Pg. 326 Attachment: ESL21-3-62_City_of_El_Centro__ESL_Services_Gr (6136 : Approval of ESL Grant) El Centro Public Library
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.
The claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18883 of the California Education Code.
1198 N. Imperial Avenue, El Centro, CA 92243
SIGNED DATE
Signature - Authorized representative
Typed/Printed Name and Title of Authorized Representative Email address of authorized representative
DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 Cedric Cesena City Manager
[email protected]
In Process
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Packet Pg. 327 Attachment: ESL21-3-62_City_of_El_Centro__ESL_Services_Gr (6136 : Approval of ESL Grant) El Centro Public Library
PROJECT INFORMATION:
Invoice #: ESL21-3-62
Project Title: English as a Second Language Services
Grantee: El Centro Public Library
Funding Start Date: Upon execution
Term Completion: June 30, 2024
DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process
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Packet Pg. 328 Attachment: ESL21-3-62_City_of_El_Centro__ESL_Services_Gr (6136 : Approval of ESL Grant) El Centro Public Library
Total Award: $32,948
PAYMENT SCHEDULE:
Libraries receive 100% of their 2023-2024 English as a Second Language Services award upon receipt of the award letter.
Note: Libraries have 18 months to spend their 2023-2024 English as a Second Language Services award funds, from July 1, 2023, in which the funds are awarded until December 31, 2024.
English as a Second Language
Services Award
Final Payment $32,948
Total: $32,948
REPORTING:
Libraries will be required to submit a mid-year financial and narrative report and a final report. Reminder emails will be sent out beginning six weeks before the required report.
All required reporting materials will be located on the California State Library’s website. The reporting schedule is detailed below.
Mid-Year Report Due January 31, 2024
Final Report Due September 30, 2024
Note: A budget modification form will be required for all budget changes regardless of amount. Modification form may be submitted throughout the year but no later than May 31st.
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Packet Pg. 329 Attachment: ESL21-3-62_City_of_El_Centro__ESL_Services_Gr (6136 : Approval of ESL Grant)
STATE FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process
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Packet Pg. 330 Attachment: ESL21-3-62_City_of_El_Centro__ESL_Services_Gr (6136 : Approval of ESL Grant) El Centro Public Library
English as a Second Language Services
2023-2024 ESL21-3-62
TABLE OF CONTENTS
PROJECT SUMMARY 2
PROCEDURES AND REQUIRMENTS
A. Term of the Agreement 3
B.
g
Scope of Work 3
C.
p
. Budget Detail 3
D.
g
. Narrative and Financial Reports 4
E.
p
Claim Form and Payment 5
EXHIBIT A: TERMS AND CONDITIONS 7
EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM 22
Certification 25
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES 27
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Packet Pg. 331 Attachment: ESL21-3-62_City_of_El_Centro__ESL_Services_Gr (6136 : Approval of ESL Grant) El Centro Public Library
English as a Second Language Services
2023-2024 ESL21-3-62
PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and El Centro Public Library for the English as a Second Language Services.
AWARD AGREEMENT NUMBER ESL21-3-62
This Award Agreement (“Agreement”) is entered into on July 1, 2023 by and between the California State Library (“State Library”) and El Centro Public Library, (“Grantee”).
This Award Agreement pertains to Grantee’s State-funded English as a Second Language Services project.
The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds in the amount of $32,948 through the process adopted by the State Library in administering such grants.
The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:
DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process
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Packet Pg. 332 Attachment: ESL21-3-62_City_of_El_Centro__ESL_Services_Gr (6136 : Approval of ESL Grant) El Centro Public Library
English as a Second Language Services
2023-2024 ESL21-3-62
PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins July 1, 2023, and ends June 30, 2024. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project's final encumbrance period ends on June 30, 2024, and all eligible program costs must be expended by June 30, 2024.
B. Scope of Work
1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the English as a Second Language Services project.
2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
x Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). x Make financial records available to the State Library upon request. x Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
x Prepare and submit required narrative and financial reports. x Procure equipment, and other supplies as needed for the project. x Issue contracts for services, personnel, and consultants as needed for the project.
x If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
x Oversee the implementation of project activities.
C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.
DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process
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Packet Pg. 333 Attachment: ESL21-3-62_City_of_El_Centro__ESL_Services_Gr (6136 : Approval of ESL Grant) El Centro Public Library
English as a Second Language Services
2023-2024 ESL21-3-62