AMERICAN RESCUE PLAN ACT
SUBRECIPIENT AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY
This Subrecipient Agreement (“Agreement”) is made and entered into as of January 15, 2025 (“Effective Date”), by and between the City of San Bernardino (a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401) (“City”) and Young Visionaries Youth Leadership Academy (a non-profit corporation with its principal place of business at 696 South Tippecanoe Avenue, San Bernardino, California 92408) (“Subrecipient”). The City and Subrecipient may be individually referred to herein as the “Party” and collectively as the “Parties”.
RECITALS
A. President Joseph Biden signed into law the American Rescue Plan Act, Public Law 117-2 (“ARPA”) on March 11, 2021.
B. ARPA established the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program. CSLFRF provides a combined three hundred fifty billion dollars ($350B) in assistance to eligible state, local, territorial, and Tribal governments to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery.
C. The City received CSLFRF Federal funding under ARPA in response to the coronavirus disease 2019 (“COVID-19”) pandemic. These funds may be used to carry out a wide range of community development activities, including those that benefit local communities.
D. The Interim and Final Rules on CSLFRF issued by the Department of the Treasury (“Treasury”) effective May 17, 2021 and April 1, 2022 (“Rules”) provide the rules and guidelines for how CSLFRF funds may be spent.
E. The City Council approved an expenditure plan for the ARPA funds (“Expenditure Plan”) on October 6, 2021, wherein $1M was allocated to the VIP program.
F. The City Council adopted Resolution No. 22-203 of [insert date] authorizing the City Manager to receive and administer the BSCC Grant award of $3.8M.
G. Subrecipient submitted a proposal to the City for the San Bernardino Community Violence Intervention Program, a violence reduction strategy (“Project”). The Project is eligible for expenditure of CSLFRF funds in accordance with Treasury Rules.
H. The City may grant subawards to subrecipients for the furtherance of an ARPA eligible use pursuant to ARPA rules. The City desires to make a grant of CSLFRF funds to the Subrecipient for the costs associated with the Project.
I. The Parties intend this Agreement to set forth the Subrecipient’s obligations under ARPA and all other regulations pertaining to the Grant Funds.
TERMS AND CONDITIONS
NOW THEREFORE, the Parties agree as follows:
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Scope of Services and Budget. The scope of the Services is set forth in the attached Scope of Work and Budget, which is included as Exhibit “A” to this Agreement.
3. Term. The term of this Agreement begins on the Effective Date and continues through December 31, 2025, unless modified or terminated in accordance with this Agreement. Subrecipient certifies that the use of funds will be used only to cover expenditures allowed under ARPA and incurred during the Term. Any cost obligated to Subrecipient as of January 1, 2025, must be expended by December 31, 2025, to meet the eligible costs timeframe as defined by the Treasury.
4. Compensation. City will provide Subrecipient with an amount not-to-exceed two hundred ninety-nine thousand two hundred twenty-four dollars and twenty-eight cents ($299,224.28) (“Grant Funds”); two hundred forty-eight thousand six hundred forty-five dollars and forty cents ($248,645.40) from BSCC funds; and fifty thousand five hundred seventy- eight dollars and eighty-eight cents ($50,578.88) from ARPA funds. Any expenses and costs incurred by the Subrecipient in excess of the Grant Funds shall be the sole responsibility of the Subrecipient. Subrecipient shall use the Grant Funds for the Services. Subrecipient shall submit a reimbursement request to the City for payment of the Grant Funds in accordance with the Reimbursement Procedures that is attached hereto as Exhibit “B”. Subrecipient agrees that all expenditures are to be in accordance with the terms of this Agreement.
5. Availability of Funds. The City’s payment to Subrecipient under this Agreement is contingent on the availability of program funds and continued Federal and state authorization for the funded program activities.
6. Performance Monitoring. The City will monitor the performance of the Subrecipient against goals and performance standards required herein or by ARPA.
Substandard performance (as determined by the City in its sole discretion) will constitute non- compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time (but no later than ten (10) days after being notified by the City), the City may suspend any pending disbursements of Grant Funds; or may, in its sole discretion, terminate this Agreement in the manner provided herein.
City retains the right to recall any funds disbursed if later determined the subrecipient misrepresented and/or misspent the funds in accordance with this agreement.
7. Modification
7.1 The City may modify this Agreement at any time if in good faith City deems it necessary to:
7.1.1 Respond to a reduction or elimination of funds or discontinued authorization; or
7.1.2 Comply with changes in City, state, or Federal legislation, regulation, or policy.
7.2 Any modification of this Agreement must be by written amendment, signed by both Parties. If the City modifies the Agreement and Subrecipient refuses to accept the modification by executing a corresponding amendment, City may terminate the Agreement for cause.
8. Commencement of Performance. Subrecipient may not obligate or request disbursement of funds, incur any cost, or initiate identified Services that are the subject of this Agreement until each of the following provisions has been fully satisfied:
8.1 Subrecipient must furnish proof of insurance as required by this Agreement.
8.2 City has obtained proof that Subrecipient is registered on SAM.gov and Subrecipient is not suspended or barred from Federally funded programs.
8.3 Subrecipient has provided the City with a completed Request for Taxpayer Identification Number and Certification Form W-9 (Rev. 2020, as issued by the Internal Revenue Service).
8.4 This Agreement is fully executed by the Parties.
9. Notices. Any notices provided for, or required, to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail (certified and postage prepaid) addressed to the party to be served as follows:
CITY
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Acting City Manager
SUBRECIPIENT
Youth Visionaries Youth Leadership Academy
696 S Tippecanoe Avenue
San Bernardino, CA 92408
Attention: Terrance Stone
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
10. Compliance with Laws. Subrecipient shall comply with all Federal, state, and local laws, ordinances, rules, and regulations; as well as applicable codes of ethics pertaining to or regulating the provision of the services (including those now in effect and hereafter adopted). Any violation of such laws, ordinances, rules, and regulations (and applicable codes of ethics) shall constitute a material breach of this Agreement and shall entitle the City to recall any misrepresented/misspent funds and terminate this Agreement immediately upon delivery of written notice of termination to the Subrecipient.
11. Federal Terms and Conditions
11.1 The Grant Funds must be used strictly in accordance with the ARPA Requirements attached hereto as Exhibit “C”, which are incorporated herein by this reference.
To the extent that any provision contained in Exhibit “C” conflicts with any provision of this Agreement, Exhibit “C” governs.
11.2 Any Grant Funds expended by Subrecipient in any manner that does not adhere to the ARPA Requirements and this Agreement shall be returned or repaid to the City.
This includes, but is not limited to, funds paid to Subrecipient: (a) in excess of the amount to which Subrecipient is finally determined to be authorized to retain; (b) that are determined to have been misused; or (c) that are determined to be subject to a repayment obligation of ARPA.
12. Independent Contractor. Subrecipient is an independent contractor. As such, Subrecipient has no power or authority to incur any debt, obligation, or liability on behalf of the City. Further, Subrecipient (nor anyone working on its behalf) is not entitled to any benefit typically associated with an employee such as medical, sick-leave, or vacation benefits.
13. California Public Employees Retirement System (“PERS”) Eligibility Indemnity
13.1 In the event Subrecipient (or any employee, agent, or subcontractor of Subrecipient providing Services under this Agreement) claims or is determined by a court of competent jurisdiction or PERS to be eligible for enrollment in PERS as an employee of the City, Subrecipient will indemnify, defend, and hold harmless City for the payment of any employee or employer contribution for PERS benefits for Subrecipient (or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City).
13.2 Notwithstanding any other state or Federal policy, rule, regulation, law, or ordinance to the contrary, Subrecipient (and any of its employees, agents, and subcontractors providing Services under this Agreement) does not qualify for or become entitled to (and hereby agree to waive any claims to) any compensation, benefit, or any incident of employment by the City (including but not limited to eligibility to enroll in PERS as an employee of the City and entitlement to any contribution to be paid by the City for employer contribution or employee contributions for PERS benefits).
14. Indemnity and Insurance
14.1 Indemnity. Subrecipient will hold the City (and its employees, officers, and agents) free and harmless from all losses, claims, liens, demands, and causes of action of every kind and character (including but not limited to the amounts of judgment, interests, court costs, legal fees, expert costs, expert fees, and all other expenses incurred by City) to the maximum extent allowed by law arising in favor of any party (including claims, liens, debts, personal injuries including employees of the City, death or damages to property including property of City, and without limitation by enumeration all other claims or demands of every character) occurring or arising directly out of or as a consequence of the performance of the Services, this Agreement, violation of ARPA Requirements, and use of the Grant Funds (except only such injury to persons or damage to property due or claimed to be due to the sole negligence or willful misconduct of the City).
14.2 Insurance. Subrecipient will procure and maintain at all times during the term of this Agreement insurance as set forth in Exhibit “D” attached hereto.
15. Records, Inspections, and Reports
15.1 Subrecipient will maintain full and accurate records with respect to all Services and matters covered under this Agreement. City may have free access at all reasonable times to such records, and has the right to examine and audit the same; and to make transcripts therefrom (and to inspect all program data, documents, proceedings, and activities). Subrecipient understands and agrees the City may (at any time) request additional information that may be required for the purpose of making necessary reports to Treasury Department (or for otherwise evaluating Subrecipient's progress and performance under this Agreement). In the event of such requests, Subrecipient will comply by providing the appropriate data within ten (10) working days from the date of any such request.
15.2 The City, Treasury Department, Comptroller General of the United States, or any of their duly authorized representatives shall have access to all books, documents, papers, and records maintained by the Subrecipient in connection with the Services for the purpose of audit, examination, excerpts, and transcriptions.
15.3 Subrecipient further understands and agrees the records and additional information described in this section must be retained on a continuing basis for a period of five (5) years after this Agreement has expired, as required for compliance with ARPA Requirements.
15.4 Subrecipient shall submit “Quarterly Reports” during the term of this Agreement within thirty (30) calendar days of the end of each quarter. The first Quarterly Report is due on or before February 15, 2025; and the final Quarterly Report is due no later than August 15, 2025. Each Quarterly Report must include sufficient information to assist the City in monitoring the Subrecipient’s performance under the terms of this Agreement. The Subrecipient must submit its Quarterly Report and demonstrate satisfactory performance (at the sole discretion of the City) prior to reimbursement for expenditures under a reimbursement request.
16. Audit Requirements
16.1 If Subrecipient is responsible for conducting an annual audit of its ARPA spending in compliance with the Office of Management and Budget (“OMB”) Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards Final Rule (Chapter 1, Chapter II, Part 200 to Title 2 of the Code of Federal Regulations). A copy of the required audit or financial statement must be forwarded to City upon completion.
Any costs associated with the annual audit are the responsibility of Subrecipient.
16.2 Subrecipient shall cooperate in having an audit completed by the City, at the City’s option and expense.
16.3 Subrecipient shall repay to the City any reimbursement for ARPA funding that is determined by subsequent audit to be unallowable under ARPA within the time period required by the ARPA; but no later than one hundred twenty (120) days of Subrecipient receiving notice of audit findings, which time shall include an opportunity for Subrecipient to respond to and/or resolve the findings. Should the findings not be otherwise resolved and Subrecipient fail to reimburse moneys due City within one hundred twenty (120) days of audit findings (or within such other period as may be agreed between the Parties or required by the ARPA), the City reserves the right to withhold future payments due Subrecipient from any source under the City’s control.
17. Prevailing Wage. Subrecipient is aware of the requirements of California Labor Code Section 1720 et seq. and 1770 et seq. (as well as California Code of Regulations, Title 8, Section 1600 et seq. (“State Prevailing Wage Laws”)), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the funds are used as part of an applicable “public works” or “maintenance” project (as defined by the Prevailing Wage Laws) and if the total compensation is one thousand dollars ($1,000) or more, Subrecipient agrees to fully comply with such State Prevailing Wage Laws.
18. Confidentiality. Employees of Subrecipient may (in the course of their duties) have access to financial, accounting, statistical, and personnel data of private individuals and of employees of the City. Subrecipient covenants all data, documents, discussion, or other information developed or received by Subrecipient (or provided for performance of this Agreement) are deemed confidential and may not be disclosed by Subrecipient without written authorization by the City. The City will grant such authorization if disclosure is required by law.
All City data must be returned to the City upon the termination of this Agreement. Subrecipient’s covenant under this section survives termination of this Agreement.
19. Termination
19.1 Termination for Convenience. Either Party may terminate this Agreement at any time without cause by giving the other written notice of the date of termination at least thirty (30) calendar days before. If this Agreement is terminated as provided herein by Subrecipient, Subrecipient will return all Grant Funds provided to Subrecipient under to this Agreement to City within thirty (30) calendar days.
19.2 Termination for Cause. If for any reason Subrecipient fails to fulfill in a timely and proper manner its obligation under this Agreement (or if Subrecipient violates any of the covenants of this Agreement), the City has the unilateral right to terminate this agreement by giving Subrecipient written notice at least five (5) calendar days before termination. The notice must refer to this clause, specify the nature of the alleged default, and specify the effective date of the termination. If this Agreement is terminated as provided herein, Subrecipient will return all ARPA funds provided to Subrecipient under to this Agreement to the City within thirty (30) calendar days.
20. Assignment and Subcontracting. Neither Party may assign or subcontract the rights or responsibilities under this agreement without the express written consent of the other Party, which consent may be withheld for any reason or for no reason.
21. Permits and Licenses. Subrecipient (at its sole expense) will obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that are required for the performance of the Services.
22. Standard. All Services to be rendered under this Agreement must be performed in accordance with the standards that are customarily observed by an experienced and competent professional organization rendering the same or similar services. Subrecipient will re-perform any of said Services that are not in conformity with applicable standards, as determined by the City.
23. Resolution of Disputes
23.1 Disputes regarding the interpretation or application of any provision of this Agreement must, to the extent reasonably feasible, be resolved through good-faith negotiations between the Parties.
23.2 If any action at law or in equity is brought to enforce or to interpret any provision of this Agreement, the prevailing party is entitled to recover reasonable attorney’s fees, costs, and necessary disbursements (in addition to such other relief as may be sought and awarded).
24. Non-Discrimination and Equal Employment Opportunity. Subrecipient may not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation in the performance of this Agreement.
Subrecipient will take affirmative action to ensure that subcontractors and applicants are employed and treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
25. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions continue in full force and effect without being impaired or invalidated in any way.
26. Governing Law and Venue. This Agreement is governed by and must be construed in accordance with laws of the State of California. In the event of litigation between the Parties, venue in state trial courts lies exclusively in the County of San Bernardino. In the event of litigation in a U.S. District Court, venue lies exclusively in the Central District of California.
27. Entire Agreement. This Agreement (together with the Exhibits) supersede all other agreements (whether oral or in writing) between the Parties with respect to its subject matter. Each Party to this Agreement acknowledges that no representation by any Party that is not embodied herein (nor any other agreement, statement, or promise not contained in this Agreement) is valid or binding.
28. Electronic Transmission. A manually signed copy of this Agreement which is transmitted by facsimile, electronic mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement may be signed using an electronic signature.
29. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURE PAGE FOLLOWS]
SIGNATURE PAGE FOR AMERICAN RESCUE PLAN ACT
SUBRECIPIENT AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed on the day and year first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
YOUNG VISIONARIES YOUTH
LEADERSHIP ACADEMY
Signature
Name
Title
Approved by City Council on: _____________________
EXHIBIT A
VIP Scope of Services
1. Violence Intervention
Project Overview: Subrecipient will carry out the work as described herein the Scope of Work. The City will conduct periodic program monitoring and will report the results to Subrecipient. Subrecipient shall comply with the City's request to improve and/or solve all deficiencies. Subrecipient shall immediately notify the City whenever there is a change in Subrecipient's ability to provide services according to the Scope of Work or whenever there is a change of Subrecipient staff and/or sub-Subrecipients providing services.
The objective of VIP violence intervention efforts is to reduce group-related violence through a range of ongoing proactive peacemaking efforts and in partnership with VIP subrecipients, partners and community stakeholders.
Subrecipient Activities
1. Subrecipient shall conduct intervention services and related intervention activities with individuals, groups and networks at highest risk of violence by:
a. Ensuring that the primary focus of intervention strategies and related efforts are established through a combination of the VIP:
i. Service Coordination meetings
ii. Case Review & Conferences
iii. Performance Management meetings
b. Continuously reviewing intervention assignments, activities and strategies to ensure they reflect the priorities above.
2. Subrecipient shall ensure effective and high-quality intervention services and related intervention activities with individuals, groups and networks at highest risk of violence by:
a. Building individual and group relationships with those at highest risk of involvement in violence, as indicated by VIP Problem Analysis and Coordination Meeting/Shooting Scorecard.
b. Working proactively to reduce tensions and conflicts that could escalate to violence or lead to retaliation;
c. Responding to violent incidents (in most cases, shootings):
i. Incident Response: Subrecipient shall conduct Incident Response coverage in and around the assigned area in an effort to reduce gang violence (or other violent crimes as determined by the City Manager's Office). Subrecipient shall respond to incidents of gang violence, and other violent crimes as needed, in a manner consistent with the Incident Response Protocol outlined in the Intervention Services Handbook.
Key points:
a) Subrecipient shall deploy Community Intervention Workers ("CIWs") to incidents of gang violence and notify VIP Manager via email, telephone, or text.
b) Subrecipient shall engage families impacted by gang violence. c) Subrecipient shall engage gang involved individuals. d) Subrecipient shall maintain the Triangle Protocol as described in the Intervention Services Handbook.
e) Subrecipient shall complete incident response reports and log follow up activities in the database system.
f) Subrecipient shall complete incident response forms. d. Responding to and following up on any such violent incident in accordance with VIP protocols, including responding to victims of violence who have been hospitalized.
e. Employing violence interruption tools and techniques, such as conflict resolution, mediation, relocation, etc., both on a proactive basis and in response to violent incidents;
f. As directed by the VIP Program Manager, responding to gatherings, such as funerals, peace marches, and other events that spontaneously form in response to violent incidents;
g. Assisting the VIP Program Manager, Community Ambassadors, Case Managers and other VIP partners as they develop and implement:
i. Community engagement plans and strategies focused on groups and neighborhoods at highest risk of violence (as further described in in the Community Engagement section of this document;
ii. Developing and convening regular/frequent mutual-support meetings, life skills curricula, and complementary informal and formal supports that collectively serve as a "community of support;"
h. Ensuring that the above support, services and activities are culturally appropriate, trauma-informed and, more generally, reflect the priorities and perspectives of individuals, groups and networks, neighborhoods and communities that experience disproportionately high levels of violence.
2. Community Engagement
The community engagement component is central to the VIP strategy, particularly the VIP "communication component" as described in the VIP Program Manual. A priority is to draw on the Community Ambassadors' credibility, leadership and relationships to engage individuals, groups and networks, and residents of neighborhoods and communities at disproportionately high risk of violence in VIP implementation and oversight.
Subrecipient Activities
Subrecipient shall ensure the implementation of a high-quality VIP community engagement strategy by:
a. Developing and carrying out community engagement plans and strategies specifically tailored to the community and that include; i. A variety of community events that provide, for example, recreational, cultural, and health and wellness activities designed and incorporated into a cohesive strategy to build an understanding of and support for the VIP strategy.
ii. Related opportunities and pathways that lead to active involvement in and support for VIP program activities, specifically the VIP communication component as directed by the City.
b. Planning and implementing the communication component of the VIP strategy, including specifically the group-based and one-on-one meetings as directed by the City.
i. Promote the voluntary participation in these meetings by individuals at highest risk of violence.
ii. Promote the voluntary participation in these meetings by informal and formal community leaders with a demonstrated commitment to individuals at highest risk of violence.
c. As appropriate, assisting the VIP program manager, case managers, and interventionists with developing and convening mutual-support meetings and complementary activities (including "life skills" curricula) that (i) form a "community of support;" and (ii) are coordinated with the VIP community engagement strategy;
Key points:
a) Document active gangs affecting the City.
b) Identify, develop and implement strategies to engage active gangs. c) Identify CIW gang engagement assignments.
d) Document the "License to Operate" ("LTO") of each CIW in respect to the gangs affecting the zone.
e) Document the proposed peacekeeping activities in the area based on gang rivalries and crime/violence trends.
f) Document weekly Safe Passage routes at key elementary, middle and high schools within the zone.
g) Subrecipient shall submit community engagement plan to VIP Office monthly.
3. Intensive Case Management
The objective of the case management component is to address each client's ongoing safety while building a relationship that endures over the long term and provides support in achieving housing stability, progress toward employment opportunities, financial stability, and positive participation in civic life. This requires developing high-quality, intensive case-management relationships.
Subrecipient Activities
Subrecipient shall provide intensive case management to individuals at highest risk of violence by:
a) Maintaining an ongoing caseload of a minimum of 25 high risk individuals and no more than 25 secondary prevention individual clients annually. b) Serving these clients through VIP "dedicated" staff (staff assigned to this agreement).
c) Maintaining Case Manager caseloads of up to fifteen (15) clients per worker; d) Ensuring that a minimum of 75 percent of the overall caseload is referred through the VIP: (i) coordination meetings; and (ii) communication & community engagement component directed by the City.
e) Ensuring that the remaining 25 percent or less of the caseload meet the definition of "high risk of gun violence" by having multiple, overlapping risk factors specifically for gun violence, including, for example, involvement in recent shootings and recent weapons offenses, etc.
f) Continuously reviewing caseloads under the direction of the VIP program manager to ensure they reflect the population directed by the City. g) Conducting a minimum of five (5) high-quality contacts with each client per week, including a minimum of two in-person visits.
Subrecipient shall provide high-quality and comprehensive case management to individuals at highest risk of violence by:
a) Developing and providing intensive case-management support through:
• "VIP Life Plans" designed to enable high-risk individuals to set personal priorities regarding achieving, for example, educational, employment, financial, and family life goals;
• While prioritizing the safety component of the above VIP Life Plans that focuses to rapidly reducing the risk of involvement in gun violence;
b) Assisting clients with conflict resolution, relocation, and life coach mentoring c) Developing and convening regular/frequent mutual-support meetings - including "life skills" curricula and complementary informal and formal supports that collectively serve as a foundation for "community of support;" d) Ensuring that the above support, services and activities are culturally appropriate, trauma-informed and, more generally, reflect the priorities and perspectives of individuals, groups and networks, neighborhoods and communities that experience disproportionately high levels of violence.
4. Client Services
VIP Intervention Case Management Model identifies two client types - Family Case Management Clients and Transitional Clients. At least 70% of Subrecipient's assigned caseload shall be comprised of Family Case Management Clients. Each client type receives a prescribed service model, and Subrecipient is required to deliver services according to the Intervention Services Handbook and Scope of Work. Subrecipient is required to deliver Family Case Management services and log all service delivery
Transitional Client Services - Phase 1 Services Transitional Client Services are to be provided on a 90 day, 4 Phase Cycle. Phase 1 - Referral and Assessment does not have a timeline. For all clients, the 4 Phase Cycle of services begins on the date of the Initial Client Meeting/Client Enrollment Date.
i. Subrecipient shall provide VIP Transitional Client Services ("TCS") to up to 30% of its total number of Client.
ii. Transitional Clients are those clients who require coaching and time to adjust to the specific requirements of the FCM Mode-Phase 2 Services. iii. The goal of these services is to prepare clients for FCM services. Transitional Client Services and referrals are intended to focus on immediate needs and short-term goals.
iv. These may include, but are not limited to, referrals to substance abuse, life skills courses, anger management courses, job readiness/certification programs, and tattoo removal.
v. Short term goals may include obtaining legal identification and other work- related documentation, and enrollment in educational or vocational programs. vi. Subrecipient is required to deliver TCS services and log all service delivery information into the database system in a manner consistent with the process and policies outlined in the Intervention Services Handbook.
Comprehensive Client Services - Phase 2 Services
i. Subrecipient is required to implement phase two and provide services to a minimum of 70% of its total number of Clients.
ii. The phase two is designed to take place over a six-month cycle of services divided into seven phases.
iii. Subrecipient is required to deliver phase two services and log all service delivery information into the database system in a manner consistent with the process and policies outlined in the VIP Handbook.
5.Management and Accountability
Subrecipient shall ensure quality implementation of the overall VIP program strategy and, specifically, the VIP intervention component by:
a. Providing data and information on the above to the City of San Bernardino VIP Program Manager on, as appropriate, a weekly/semi-weekly/monthly basis in a clear and organized format for inclusion in VIP program performance reviews;
b. Employing this case data and information when participating in weekly VIP coordination, case review and strategy meetings;
c. Actively collaborating with VIP Case Managers, Community Ambassadors and other relevant VIP stakeholders and partners;
d. Fully participating in the initial VIP program strategy planning and implementation process. Specifically, assisting with:
i. The initial survey and assessment of client needs and priorities. ii. At the discretion of the VIP Program Manager, play a role in responding to shootings and resulting hospitalizations during this pilot/planning period in partnership with the VIP Case Managers and Community Ambassadors.
iii. Planning the initial VIP community engagement and relationship- building strategy.
e. Fully participating in all VIP intervention, case management and program trainings and related professional and organizational development opportunities as requested by the VIP program manager.
f. Subrecipient shall accomplish the following objectives during the contract cycle:
i. Develop a team of 4 hybrid gang interventionist-case management workers.
ii. Develop individual family-based service plans each year to a minimum total of 25 high risk individuals between the ages of 14 - 35. iii. Develop and implement two City-wide proactive peace-making activities per year involving the City's most active gangs in the Westside, and two City- wide proactive peace-making activities per year involving the City's most active gangs on the Eastside.
iv. Develop and implement "cease fire" agreements within impacted communities, around public schools, and parks during summer months. v. Provide ongoing consultation to the City on gang dynamics and incidents of gang violence.
vi. Respond to all gang related, involved, or motivated violence in the City using the violence interruption protocol.
vii. Participate in nine (9) Community Education Campaigns (3 per year) during the grant cycle regarding empirical evidence for risk factors and behaviors associated with gang joining among youth ages 12-17. Provide early intervention services to 25 individuals under the age of 18. g. All of Subrecipient's activities shall be carried out in partnership with the community and other VIP partners.
6.Schedule of Charges & Reimbursement
Subrecipient is responsible for submitting monthly invoices, along with supporting documentation for every project-related expense in accordance with Section 4 of the Agreement. If Subrecipient fails to provide supporting documentation for any project- related expense in a monthly invoice, payment of any amount due under such invoice shall be withheld until such time that Subrecipient submits the required supporting documentation such as:
Article I. Personnel Cost
i. Staff allocation sheet.
ii. Time sheets which reflect the percentages of time worked on VIP related project must be signed the employee and supervisor. Time sheet must be dated within the appropriate pay period. Electronically submitted timesheets are acceptable as long as they contain supervisor approval (wet signed or electronic).
iii. Payroll register or copies of processed paychecks. iv. Invoices and proof of payment for fringe benefits (if applicable) must be submitted monthly.
Article II. Contractual Services
i. Signed invoices which reflects the appropriate time period, number or hours being billed (if applicable) and services provided (if applicable) ii. Proof of payment for Subrecipients and vendors address and contact information, a copy of a check and bank statement is required. iii. For sub-Subrecipients, you must submit a copy of a bank statement and cancelled check.
Article III. Participant Related Cost
(a)Invoices much include the date, the company name, address, contact information, and itemization of costs. Invoices must be dated within the month for which the expenditure report is being submitted.
(b)Receipts for purchased items must be dated within the month for which the expenditure report is being submitted.
(c)Proof of payment, which may be in the form of a copy of a check and bank statement.
(d) Receipt for gift cards, prizes, gifts, and/or other forms of incentives, and proof of receipt by the client/family member receiving the incentive:
i. Agency needs to submit a form identifying the recipients and amount of gift cards in the monthly expenditure reports.
ii. There must be proof of receipt by the client/family for any gift card that is distributed.
iii. Documentation of receipt must include name and signature or recipient, source and amount of gift card, date of receipt, and relationship to client if the recipient is not a client and a copy of the front and back of each gift card so that the serial number is visible.
(e) Sign in sheets for program events and field trips. Sign in sheet must have event name, date, and location.
Article IV. Other Cost
(a) Invoices must include the date, the company name, and itemization of costs.
Invoices must be dated within the month for which the expenditure report is being submitted.
(b) Receipts for purchased items must be dated within the month for which the expenditure report is being submitted.
(c) Proof of payment, which may be in the form of a copy of a check, credit card receipts and bank statement
Article V. In-kind Match
(a) All match contributions shall be tracked like all other cost or expense listed above.
(b) Subrecipient shall submit timely monthly invoices to City for approval. Said invoice shall be based on the total of Subrecipient's services which have been completed to City's sole satisfaction.
(c) City shall pay Subrecipient's invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion.
EXHIBIT B:
GENERAL TERMS AND CONDITIONS
1.APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Subrecipient may not commence performance until such approval has been obtained.
2.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 in the Agreement is binding on any of the parties.
3.ASSIGNMENT: This Agreement is not assignable by the Subrecipient, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4.AUDIT: Subrecipient agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Subrecipient agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Subrecipient 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, Subrecipient agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5.INDEMNIFICATION: Subrecipient agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all Subrecipients, sub-subrecipients, 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 Subrecipient in the performance of this Agreement.
6.DISPUTES: Subrecipient shall continue with the responsibilities under this Agreement during any dispute.
7.TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Subrecipient fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Subrecipient under this Agreement and the balance, if any, shall be paid to the Subrecipient upon demand.
8.INDEPENDENT SUBRECIPIENT: Subrecipient, and the agents and employees of Subrecipient, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9.RECYCLING CERTIFICATION: The Subrecipient shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Subrecipient and its sub-Subrecipients shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully 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, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subrecipient shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Subrecipient and sub-Subrecipients 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, §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 awarding state agency to implement such article. Subrecipient shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency 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 Agency shall require to ascertain compliance with this clause.
Subrecipient and its sub-subrecipients 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.) Subrecipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11.CERTIFICATION CLAUSES: The SUBRECIPIENT CERTIFICATION CLAUSES contained in the
document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12.TIMELINESS: Time is of the essence in this Agreement.
13.COMPENSATION: The consideration to be paid Subrecipient, as provided herein, shall be in compensation for all of Subrecipient's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14.GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15.ANTITRUST CLAIMS: The Subrecipient by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Subrecipient shall comply with the requirements of the Government Codes Sections set out below.
A.The Government Code Chapter on Antitrust claims contains the following definitions:
1)"Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2)"Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
B. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
C.Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16.CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the Subrecipient acknowledges in accordance with Public Contract Code 7110, that:
A.The Subrecipient recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B.The Subrecipient, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18.PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Subrecipient shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
A.If for this Contract Subrecipient made a commitment to achieve small business participation, then Subrecipient must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
B.If for this Contract Subrecipient made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Subrecipient must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department:
(1) the total amount the prime Subrecipient received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Subrecipient; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets.
Code § 999.5(d); Govt. Code § 14841.)
20.LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
EXHIBIT C
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit C. (a) Federal Provisions.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
(i) Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
(ii) U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; (iii) Treasury Compliance and Reporting Guidance for the Act; (iv) 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; (v) Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
(vi) Federal contract provisions attached hereto as Exhibit C and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
1.REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i)The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii)The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii)The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv)The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v)The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi)The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii)In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii)The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub-subrecipient or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
B.Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub-subrecipient or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
C.The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.
D.The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and sub-subrecipients with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
E.The City further agrees that it will refrain from entering into any contract o r contract modification subject to Executive Order 11246 of September 24, 1965, with a subrecipient debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon subrecipients and sub-subrecipients by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i)Overtime Requirements. No subrecipient or sub-subrecipient contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any sub- subrecipient responsible therefor shall be liable for the unpaid wages. In addition, such subrecipient and sub-subrecipient shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iii)Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or sub-subrecipient under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or sub-subrecipient for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(iv)Subcontracts. The Consultant or sub-subrecipient shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the sub-subrecipients to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any sub-subrecipient or lower tier sub- subrecipient with the clauses set forth in paragraphs (ii) through (v) of this Section.
Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency..
Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(v)Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(vi)Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
Appendix II to Part 200 (H) – Debarment and Suspension:
(vii)This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (viii)Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(ix)This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (x)Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all sub-subrecipients performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its sub-subrecipients are not in compliance during the term of this Agreement.
Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Subrecipients that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(xi)Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (xii)In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price.
(xiii)Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (xiv)The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(xv)Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1)For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2)Telecommunications or video surveillance services provided by such entities or using such equipment.
(3)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(xvi)See Public Law 115-232, section 889 for additional information.
Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(xvii)Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(xviii)For purposes of this section:
(1)“Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2)‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
2.CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
Affirmative steps shall include:
(i)Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii)Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv)Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v)Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.
3.COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS
LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations.
Records shall be maintained by Consultant for a period of five (5) years after completion of the Project.
Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i)Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii)Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii)OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv)Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v)Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part
20. (vi)New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii)Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(viii)Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ix)The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(x)Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(xi)The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (xii)Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
Protections for Whistleblowers.
(xiii)In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (xiv)The list of persons and entities referenced in the paragraph above includes the following:
(1)A member of Congress or a representative of a committee of Congress;
(2)An Inspector General;
(3)The Government Accountability Office;
(4)A Treasury employee responsible for contract or grant oversight or management;
(5)An authorized official of the Department of Justice or other law enforcement agency;
(6)A court or grand jury; or
(7)A management official or other employee of Consultant, or a sub- subrecipient who has the responsibility to investigate, discover, or address misconduct.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its sub-subrecipients to do the same Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and sub-subrecipients to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers.
Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(xv)Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (xvi)Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.
Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(xvii)Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (xviii)Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(xix)Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s sub-subrecipients, successors, transferees and assignees:
The sub-subrecipient, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(xx)Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (xxi)Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (xxii)Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (xxiii)Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.
(xxiv)If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.
EXHIBIT “D”
INSURANCE
Subrecipient must maintain throughout the duration of the term of the Agreement, liability insurance covering Subrecipient and designating City, including its elected or appointed officials, directors, officers, agents, employees, volunteers, or subrecipients, as additional insured against any and all claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of Subrecipient's work, in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It must be stated in the Additional Insured Endorsement that Subrecipient's insurance policies are primary with respect to any claim related to or as the result of Subrecipient's work. Any insurance, pooled coverage, or self-insurance maintained by City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or Subrecipients must be non-contributory. The Additional Insured Endorsement does not apply to the Professional Liability Insurance.
General Liability:
a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
c. Personal & Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
e. Fire Damage (any one fire) $ 50,000
f. Medical Expense (any one person) $ 5,000
Workers' Compensation:
a. Workers' Compensation Statutory Limits
b. EL Each Accident $1,000,000
c. EL Disease - Policy Limit $1,000,000
d. EL Disease - Each Employee $1,000,000
Automobile Liability
a. Any vehicle, combined single limit $1,000,000
Subrecipient will provide thirty (30) days advance notice to City before any material change to or any cancellation of coverage. Certificates of insurance and additional insured endorsements must be furnished to City thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates constitutes a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement. If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, City has the right but not the duty to obtain replacement insurance and to charge Subrecipient for any premium due for such coverage. City has the option to deduct any such premium from the sums due to Subrecipient.
Insurance must be placed with insurers that are authorized and admitted to write insurance in California and with a current A.M. Best's rating of A-:VII or better. Acceptance of insurance from a carrier with a rating lower than A-:VII is subject to approval by City's Risk Manager. Subrecipient must immediately advise City of any litigation that may affect these insurance policies.