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The REC Center-2019-382019-38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INDEPENDENT CONTRACTOR AGREEMENT FOR FISCAL YEAR 2019-2020 THIS AGREEMENT is made and entered into as of this 29th day of October 2019, and between the City of Grand Terrace, a municipal corporation (hereinafter "Cit and Recreation, Education & Creative Arts Program (hereinafter "REC Center"), California non-profit Corporation. RECITALS WHEREAS, City participates in the federally funded Community Development Bloc Grant (CDBG) program as a cooperative city in the County Consortium, and receive annual CDBG funding through the County of San Bernardino, hereinafter referred to a County. WHEREAS, REC Center has expressed an interest in administering a variety c classes, afterschool programs, camps and workshops for students in the City of Gran Terrace. WHEREAS, REC Center desires to participate in the CDBG program and represents t City that it is qualified by reason of experience, preparation, organization, staffing, an facilities to provide recreation, education and creative arts programs. WHEREAS, On April 16, 2019, the County Board of Supervisors approved the 201 2020 Consolidated Plan update and 2019-20, Action Plan; and, as part of that pL allocated SEVEN THOUSAND ONE HUNDRED AND TWENTY EIGHT DOLLAF ($7,128.00) in CDBG funds to the City of Grand Terrace for REC Center to opera recreation, education and creative arts programs in the City of Grand Terrace. WHEREAS, on October 29, 2019, the City agreed to accept, but has not yet received Community Development Block Grant funding from the County of San Bernardinc ("County") in the amount of SEVEN THOUSAND ONE HUNDRED AND TWENTI EIGHT DOLLARS ($7,128.00) for the purpose of contracting with REC Center for the time period of July 1, 2019 to June 30, 2020 and for the provision of a "Recreation Education and Creative Arts Program", in accordance with Exhibit "A", Scope o Services, incorporated herein. 1 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, REC Center will complete performance of the services described in Exhi "A", Scope of Services, which is incorporated herein by this Agreement, for the tir period of July 1, 2019 to June 30, 2020. WHEREAS, in order for the City to receive reimbursement in the amount of SEVE THOUSAND ONE HUNDRED AND TWENTY EIGHT DOLLARS ($7,128.00) of CDB funds, as described above, from the County of San Bernardino, the County requires Ci- to submit an Agreement between the City and REC Center to the County. WHEREAS, the parties enter into this agreement to allow City to comply with County's CDBG funding requirements. NOW THEREFORE, in consideration of the mutual promises contained herein, the of Grand Terrace and REC Center hereby agree as follows: AGREEMENT Section 1: Services. A. City and REC Center mutually agree that payment of REC Center fo performance of the services more specifically described in Exhibit "A" Scope of Services, incorporated herein by this reference, ("Services") shal be in the maximum amount of SEVEN THOUSAND ONE HUNDRED ANC TWENTY EIGHT DOLLARS ($7,128.00) in Community Developmen Block Grant ("CDBG") funds reimbursed to the City from the Count) related to the services as described by Exhibit "A", Scope of Services incorporated herein. B. City hereby agrees to reimburse REC Center, in a maximum amount o SEVEN THOUSAND ONE HUNDRED AND TWENTY EIGHT DOLLAR; ($7,128.00), for staffing costs, mileage, equipment, rent, audit expense consultant services, and other related office supplies necessary for REC Center to administer the "REC Program", in accordance with Exhibit "A" Scope of Services, incorporated herein. C. Prior to City's reimbursement to REC Center, REC Center shall delive receipts for all eligible expenditures to the City. Expenditure reports sha be documented with "audit ready" supportive evidence of eacl expenditure and proof of payment. Reimbursements shall be limited to thl total approved, properly documented expenditures. All reimbursemer requests must be submitted no later than 30 days after the expiration c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this Agreement. Requests received after said 30-day period shall b4 considered non -compliant and not eligible for reimbursement under th4 terms of this Agreement. REC Center shall submit a final request fo reimbursement for the program year no later than July 31, 2020. An! balance remaining on this project after that date will be reprogrammed D. REC Center shall further submit to the City a completed County of Bemardino Department of Economic and Community Developi Monthly Program Progress and Direct Benefit Report and a compl Beneficiary Qualification Statement, attached herein as Exhibit B reflei program activity for the term wherein Services were performed. Section 2. Independent Contractor. It is the express intention anc understanding of the parties hereto that REC Center will act as an independen contractor and not an employee or agent of City. Nothing in this Agreement shal be interpreted or construed as creating or establishing a relationship of employe or employee between REC Center and City. Both parties acknowledge that REC Center is not an employee for State tax, Federal tax, or any other purpose. Section 3. Term. The term of this Agreement shall be one (1) year sta July 1, 2019 and ending June 30, 2020. Section 4. Termination. City shall have the right to terminate this Agreement with or without cause, upon twenty (20) days of prior written notice to RE( Center. City shall have no liability for any claims or damages resulting to RE( Center as a result of any exercise by City of its right to terminate this Agreement. Section 5. Compliance with Laws and Regulations. REC Center shal comply with all applicable federal, state and local laws, regulations anc ordinances. By executing this Agreement, REC Center hereby certifies that it wil adhere to and comply with the following as they may be applicable to subrecipient of funds granted pursuant to the Housing and Community Development Act of 1974, as amended (the "Act"): A. The Housing and Community Development Act of 1974, as amended, a the regulations issued thereto; B. Section 3 of the Housing and Urban Development Act of 1968, amended; 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 4 C. Executive Order 11246, as amended by Executive Orders 11375 an 12086, and implementing regulations at 41 CFR Chapter 60; D. Executive Order 11063, as amended by Executive Order 12259, implementing regulations at 24 CFR Part 107; E. Section 504 of the Rehabilitation Act of 1973 (PL 93-112), as amended, and implementing regulations, F. The Age Discrimination Act of 1975 (PL 94-135), as amended, a implementing regulations; G. The relocation requirements of Title II and the acquisition requirements Title III of the Uniform Relocation Assistance and Real Prope Acquisitions Policies Act of 1970, and the implementing regulations at CFR Part 42; H. The labor standard requirements as set forth in 24 CFR Part 570, Su K and I -IUD regulations issued to implement such requirements; I. Executive Order 11988 relating to the evaluation of flood hazards a Executive Order 11288 relating to the prevention, control and abatem( of water pollution; J. The flood insurance purchase requirements of Section 102(a) of the FI Disaster Protection Act of 1973 (PL 93-234); K. The regulations, policies, guidelines and requirements of 24 CFR Part 8 "Common Rule," OMB Circular Nos. A-87, A-21, A-110, A-122 and A-13 as they relate to the acceptance and use of federal funds under th federally -assigned program; L. Title VI of the Civil Rights Act of 1964 (PL 88-352) and implementi regulations issued at 24 CFR Part I; M. Title VIII of the Civil Rights Act of 1968 (PL-90-284) as amended; and N. The lead based paint requirements of 24 CFR Part 35 issued pursuant the Lead -based Paint Poisoning Prevention Act (42 USC 4801, et seq.); O. Uniform Administration Requirements pursuant to 24 CFR 570.502. 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 P. The REC Center shall carry out its activity pursuant to this Agreement compliance with all federal laws and regulations described in Subpart K Title 24 of the Code of Federal Regulations, except that: 1. REC Center does not assume the City's or County's environmenta responsibilities described at §570.604; and 2. REC Center does not assume the City's or County's responsibi for initiating the review process under the provisions of 24 CFR P 52. Q. All Uniform Administrative Requirements pursuant to 24 CFR 570.502. Section 6. Federal Requirements. REC Center shall comply with th( provisions of the Act and any amendments thereto and the federal regulation: and guidelines now or hereafter enacted pursuant to the Act. More particularly REC Center is to comply with those regulations found in 24 CFR 570, Part 8-e and Part 85. REC Center is to comply with OMB Circular Nos. A-110, A-87. A 122, and A-133 as applicable, as they relate to the acceptance and use of federa funds under this Agreement. Section 7. Program Income. REC Center, who is a subrecipient as defin in Section 570.500 (c), shall not retain any program income as defined in Secti 570.500 of Title 24 of the Federal Code of Regulations. Section 8. Insurance. Without limiting or diminishing REC Center'! obligations to defend, indemnify, or hold the City harmless, REC Center shal procure and maintain or cause to be maintained, at its sole cost and expense the following insurance coverage's during the term of the Agreement. A. Workers' Compensation: If REC Center has employees as defined by the State of California, RE, Center shall maintain statutory Workers' Compensation Insurance (Coverage / as prescribed by the laws of the State of California. Policy shall includ Employers' Liability (Coverage B) including Occupational Disease with limits nc less than $1,000,000 per person per accident. The policy shall be endorsed t waive subrogation in favor of THE CITY OF GRAND TERRACE. B. Commercial General Liability: L0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 Commercial General Liability insurance coverage, including but not limitec to, premises liability, contractual liability, products and completed operation: liability, personal and advertising injury, and cross liability coverage, coverinc claims which may arise from or out of REC Center's performance of it: obligation hereunder. Policy shall name the CITY OF GRAND TERRACE, ib Agencies, Districts, Special Districts, and Department, their respective directors officers, employees, elected or appointed officials, agents or representatives a: Additional Insureds. Policy's limit of liability shall not be less than $1,000,000 pe occurrence combined single limit. If such insurance contains a general aggregat( limit, it shall apply separately to this agreement or be no less than two (2) time: the occurrence limit. C. Vehicle Liability: If vehicles or mobile equipment are used in the performance of th obligations under this Agreement, then REC Center shall maintain liabilii insurance for all owned, non -owned or hired vehicles so use in any amount nc less than $1,000,000 per occurrence combined single limit. If such insuranc contains a general aggregate limit, it shall apply separately to this agreement c be no less than two (2) times the occurrence limit. Policy shall name the CITY O GRAND TERRACE, its Agencies, Districts, Special Districts, and Department; their respective directors, officers, employees, elected or appointed official: agents or representatives as Additional Insureds. D. General Insurance Provisions — All Lines: 1. Any insurance carrier providing insurance coverage hereunder shal be admitted to the State of California and have a A M BEST ratinc of not less than A: VIII (A:S) unless such requirements are waived in writing, by the City Attorney. If the City Attorney waives requirement for a particular insurer such waiver is only valid for tha specific insurer and only for one policy term. 2. REC Center shall cause REC Center's insurance carrier(s) furnish the City with either 1) a properly executed origir Certificate(s) of Insurance and certified original copies Endorsements effecting coverage as required herein, and 2) requested to do so orally or in writing by the City, provide origir Certified copies of policies including all Endorsements and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 attachments thereto, showing such insurance is in full force an( effect. Further, said Certificate(s) and policies of insurance shal contain the covenant of the insurance carriers(s) that thirty (30 days written notice shall be given to the City prior to any materia modification, cancellation, expiration or reduction in coverage o such insurance. In the event of a material modification cancellation, expiration, or reduction in coverage, this Agreemen shall terminate forthwith, unless the City receives, prior to suct effective date, another properly executed original Certificate o Insurance and original copies of endorsements or certified origina policies, including all endorsements and attachments theret evidencing coverage's set forth herein and the insurance requirec herein is in full force and effect. REC Center shall not commence operations until the City has been fumished original Certificate(s) o Insurance and certified original copies of endorsements and i requested, certified original policies of insurance including a) endorsements and any and all other attachments as required in thi: Section. An individual authorized by the insurance carrier to do sc on its behalf shall sign the original endorsements for each polic7 and the Certificate of Insurance. 3. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a materia change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of) aircraft, watercraft, cranes, etc.); or, the term of this Agreement including any extensions thereof, exceeds five (5) years the City reserves the right to adjust the types of insurance required unde this Agreement and the monetary limits of liability for the insurance coverage's currently required herein, if; in the City Attorney',, reasonable judgment, the amount or type of insurance carried b) the sponsor has become inadequate. 4. REC Center shall pass down the insurance obligations contain( herein to all tiers of subcontractors working under this Agreement. 5. The insurance requirements contained in this Agreement may met with a program(s) of self-insurance acceptable to the City. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 6. REC Center agrees to notify City of any claim by a third party o any incident or event that may give rise to claim arising from the performance of this Agreement. Section 9. HUD Indemnity. REC Center shall defend, indemnify, and hok harmless the County of San Bernardino and City against any liability, claims losses, demands, and actions incurred by the County of San Bernardino and City as a result of the determination by HUD or its successor that activities undertaken by REC Center under the program(s) fail to comply with any laws regulations or policies applicable thereto or that any funds billed by an( disbursed to REC Center under this Contract were improperly expended Notwithstanding the late execution of this Agreement, this indemnity shall surviv( and extend beyond the term or termination of this Agreement. Section 10. Indemnity. REC Center shall defend, indemnify, and ho harmless the County of San Bernardino and the City, its elected officials, officer employees and agents from and against any and all actions, damages, losse causes of action and liability imposed or claimed relating to the injury or death any person or damage to any property, including attorney's fees, costs, and othl legal expenses, arising directly or indirectly from any act or omission of RE Center in performing services hereunder. Notwithstanding the late execution this Agreement, this indemnity shall survive and extend beyond the term termination of this Agreement. Section 11. Prohibition Aciainst Conflicts of Interest. A. REC Center and its assigns, employees, agents, consultants, officers ar elected and appointed officials shall become familiar with and shall comp with the CDBG regulations prohibiting conflicts of interest contained in 2 CFR 570.611, by this reference incorporated herein. B. REC Center understands and agrees that no waiver or exception can b granted to the prohibition against conflict of interest except upon writte approval HUD pursuant to 24 CFR 570.611(d). Any request by REi Center for any exception shall first be reviewed by CITY to determin whether such request is appropriate for submission to HUD. C. Prior to any funding under this Agreement, REC Center shall provide C with a list of all employees, agents, consultants, officers and elected ; appointed officials who are in a position to participate in a decision-ma4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 process, exercise any functions or responsibilities, or gain insid information with respect to the CDBG activities funded under thi Agreement. REC Center shall also promptly disclose to CITY any potenti." conflict, including even the appearance of conflict that may arise wit respect to the CDBG activities funded under this agreement. D. Any violation of this section shall be deemed a material breach of thi Agreement, and the Agreement shall be ground for immediate terminatio by the City. Section 12. Religious Activities. Under federal regulations, CDBG assistance may not be used for inherently religious activities or provided to primarily religious entities for any activities including secular activities. REC Center shal adhere to the restrictions set forth in 24 CFR 570.2000), by this reference i; incorporated herein. Section 13. Lobbying. REC Center certifies to the best of it knowledge a belief, that: A. No federally appropriated funds have been paid or will be paid, by or or behalf of the undersigned, to any person for influencing or attempting tc influence an officer or employee of any agency, a member of Congress an officer or employee of Congress, or an employee of a member o Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the enterinc 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 federally appropriated funds have been paid or wil be paid to any person for influencing or attempting to influence an office to employee of any agency, a member of Congress, an officer o employee of Congress, or an employee of a member of Congress it connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with i instructions. C. The undersigned shall require that the language of this certification b included in the award document for all subawards at all tier (includin 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 subcontracts, subgrants, and contracts under grants, loans, an( cooperative agreements) and that all subrecipients shall certify an( disclose accordingly. This certification is a material representation of fac upon which reliance was placed when this transaction was made o entered into. Section 14. Entire Agreement/Modification. This Agreement represents entire Agreement of the parties hereto as to the matters contained herein. modification of this Agreement will be effective only if it is in writing and signed the parties hereto. Section 16. Assignment. This Agreement shall not be assigned without th prior written consent of City. Any assignment, or attempted assignment, withor such prior consent, shall be null and void and, at the option of City, result in th immediate termination of this Agreement. Section 16. Attorney's Fees and Governing Law. In the event any action is commenced to enforce or interpret the terms or conditions of the Agreement the prevailing party shall, in addition to any costs or other relief, be entitled to recove its reasonable attorney's fees. This Agreement and any dispute arising hereunde shall be governed by and interpreted in accordance with the laws of the State o California. This Agreement shall be construed as a whole according to its fai language and common meaning to achieve the objectives and purposed of the parties hereto, and the rule of construction to the effect that ambiguities are to bf resolved against the drafting party shall not be employed in interpreting thi, Agreement, all parties having been represented by counsel in the negotiation an( preparation hereof. Section 17. Jurisdiction and Venue. Any action at law or in equity arisinc under this Agreement or brought by a party hereto for the purpose of enforcing construing or determining the validity of any provision of this Agreement shall N filed in a court of competent jurisdiction in the County of San Bernardino, State o California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction. Section 18. Program Reporting. REC Center agrees to prepare and submil financial, program progress, and other reports as required by HUD or the County of San Bernardino and/or City accounts as are considered necessary by HUD or the County of San Bernardino and/or City to assure proper accounting for all 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Contract funds. All REC Center records, with the exception of confidential clier information, shall be made available to representatives of the County of Sa Bernardino and/or City and the appropriate federal agencies. REC Center i required to submit data necessary to complete the Annual Grantee Performanc Report in accordance with HUD regulations in the format and at the tim designated by the Community Development Director or his/her designee. By th 30th of each month, REC Center shall submit a completed "Monthly Prograr Progress Report." REC Center shall also provide the Monthly Direct Benef Report and Beneficiary Qualification Statement information included as Exhib "B", as necessary for completion of the Annual Grantee Performance Report. Section 19. Applicability of Agreement. In consideration of the intent of the parties to memorialize the parties understanding of the terms of their agreement all uses of the present tense shall be interpreted to apply to the term of the Agreement. With the exceptions of Sections 9, 10, 11, and any other section o this Agreement expressly stating otherwise, which obligations shall not terminate the terms and conditions of this Agreement shall only apply during the term o this Agreement. Section 20. Waiver. Failure by a party to insist upon the strict performance c any of the provisions of this Agreement by the other party, or the failure by party to exercise its rights upon the default of the other party, shall not constitut( a waiver of such parry's right to insist and demand strict compliance by the othe party with the terms of this Agreement thereafter. Section 21. Severability. Each section and provision of this Agreement severable from each other provision, and if any provision or part thereof declared invalid, the remaining provisions shall nevertheless remain in full for and effect. Section 22. Counterparts. This Agreement may be signed by the differ parties hereto in counterparts, each of which shall be an original but all of wh together shall constitute one and the same agreement. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 112 CITY OF GRAND TERRACE G. Haroluffey City Man ger APPROVED AS TO FORM: Adrian R. Guerra City Attorney ATTEST: Debra L. Thomas City Clerk Ia-Ig-/� Date Recreation, Education & Creative Arts Program 1212- ennif raiza Date Executive Director 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 EXHIBIT A REC Center Programs Scope of Work The Recreation, Education and Arts Program will administer a variety of classe afterschool programs, camps and workshops. Students will be taught by qualified al professional mentors. All instructors, staff, and volunteers go through instructor trainii and background checks. Approximately 255 youth will have increased access to a music and recreational programs. UNITS OF SERVICE: A "Unit of Service" is defined as a youth from a low and moderate income householc attending and/or participating in a program activity. For example, three youth attending a recreational session once a week for one month is 12 units of service [3 youth x 1 time a week x 4 weeks = 12]. Units of Service will be reported on Part I: Monthly Program Progress Report, Exhibit 4. TIME OF PERFORMANCE: July 1, 2019 through June 30, 2020 PROGRAM PARTICIPANT PERFORMANCE STANDARDS: CDBG Activity: Youth Services Measurable Outcome: Approximately 255 youth will have increased access to art, mus and recreational programs. The goal is 21 units of service per month. In addition to uni' of service, REC Center will report unduplicated client counts on the MONTHL PROGRAM PROGRESS/DIRECT BENEFIT REPORT, Exhibit 4, Part II. OPERATIONS: REC Center programs will be carried out at The REC Center (Azure Hills Church), located at 22633 Barton Road, Grand Terrace, CA 92313 13 ATTACHMENT A- REQUEST TO INITIATE PROJECT/ACTIVITY PROJECT/CASE NUMBER: GTER-19-1-05D/7505 DATE OF ORIGINAL ISSUE: 7/1/2019 CFDA No: 14.218 TARGET AREA: City of Grand Terrace ORIGINAL: X REVISION No.: DATE OF REVISION: WBSE CODE: 50.60.0066.09 Pursuant to the terms of the Delegate Agency Agreement between Community Development and Housing (CDH), and the City of Grand Terrace, effective 7/1/2015, CDH hereby requests that the following project/activity be initiated. There will be no changes in Project/Activity Title, Activity Budget (Attachment A) or in the Activity Description (Attachment B) without written approval of the Director of Community Development and Housing/Supervising CDH Analyst. PROJECT/ACTIVITY TITLE: Grand Terrace: Youth Recreation, Education & Creative Arts Program - The REC Center ACTIVITY LOCATION: 22421 Barton Road, #289 & 22633 Barton Road, Grand Terrace, CA 92313 TOTAL PROJECT FUNDING: $7,128 CITY CDBG ALLOCATION RELEASED: $7,128 CITY CDBG FUNDS PROJECTED TO BE EXPENDED AS OF 6/30/2019: $0 BALANCE OF FUNDS AVAILABLE: $7,128 DATE OF RELEASE OF FUNDS: 7/1/2019 SCHEDULE OF CDBG ALLOCATION: Year 1-40 Year 41 Year 42 Year 43 Year 44 Year 45 Year 46 TOTAL OF B19UC060503 (75-2015) (2015-16) (2016-17) (2017-18) (2018-19) (2019-20) (2020-21) 46 YEARS $0 $0 $0 $0 $0 $7,128 $0 $7,128 MAINTENANCE AND OPERATION BUDGET/AGREEMENT: City of Grand Terrace OTHER PERTINENT INFORMATION: City certifies all requests for reimbursement from CDH contain proof of payment, all supporting documentation for costs incurred and a Monthly Program Progress Report. ACCEPTANCE OF REQUEST TO INITIATE PROJECT/ACTIVITY I hereby acknowledge the receipt of the Request to Initiate the above Project/Activity and agree to implement the activity described in Attachment B (Project/Activity Description) in accordance with the above Allocation and Balance of Funds Available subject to necessary approvals of the Board of Supervisors. The proposed budget for this project is as follows: CONSULTANT SERVICES: $0 CONTRACT SERVICES: $0 PERSONNEL EXPENSES: $0 CONSUMABLE SUPPLIES: $0 SPACE RENT: $7,128 RENT/LEASE OR PURCHASE OF EQUIPMENT: $0 OTHER: $0 TOTAL CITY CDBG ALLOCATION AVAILABLE: $7,128 IMPLEMENTING CITY: CITY OF GRAND TERRACE SIGNATURE: COUNTY OF SAN BERNARDINO Gary Hallen, Dire r of Community Development and Housing/ Bryan Andersq6ySupervising Community Development and Housing Analyst DATE:_ 1611 111 Z jl 1 TITLE: JAA DATE ATTACHMENT B - PROJECT/ACTIVITY DESCRIPTION PROJECT/CASE NUMBER: GTER-19-1-OSD/7505 DATE OF ORIGINAL ISSUE: 7/1/2019 CFDA No.: 14.218 ORIGINAL: X REVISION No.: TARGET AREA: City of Grand Terrace DATE OF REVISION: PROJECT/ACTIVITY TITLE: Grand Terrace: Youth Recreation, Education & Creative Arts Program - The REC Center ACTIVITY LOCATION: 22421 Barton Road, #289 & 22633 Barton Road, Grand Terrace, CA 92313 TIME OF PERFORMANCE: July 1, 2019 through June 30, 2020 SUSPENSION AND DEBARMENT: By entering this Contract, the City of Grand Terrace certifies that The REC Center, including its principals, is not suspended or debarred from participating in federally funded contracts and sub -awards. The City may research the agency's status online at the System for Award Management (SAM) website https://www.sam.gov/portal/public/SAM/ ACTIVITY DESCRIPTION: The City of Grand Terrace will contract with The Recreation, Education & Creative Arts (REC) Center to provide a recreation, education & creative arts program. The program will include: athletic training/youth program, homework assistance, and craft workshops. This program will be provided at The REC Center (Azure Hills Church, 22633 Barton Road, Grand Terrace). San Bernardino County Department of Community Development and Housing, herein after referred to as CDH, will reimburse the City of Grand Terrace in the amount not to exceed the "CDBG Allocation Released" on the'Attachment A' for the services necessary to implement this program. Federal, State, County and City rules and regulations will apply. The REC Center shall sign a contract with the City of Grand Terrace addressing the scope of service and the terms and conditions. The contract shall remain in effect during the period that the services are provided for which CDBG funds will be requested for reimbursement. The contract with The REC Center shall comply with requirements listed in 24 CFR 570.503 including: Agreements with Subrecipients; Statement of Work, Records and Reports; Program Income; Uniform Administrative Requirements; Other Program Requirements; Conditions for Religious Organizations; Suspension and Termination; Reversion of Assets; and Exhibits 3(a) & 3(b)1 of 2 and 2 of 2. In addition, the City of Grand Terrace shall comply with all applicable regulations listed in the City -County Delegate Agency Agreement, No.14-406, Attachment C, Section IV. City shall maintain monthly program reports and records on the services provided. CDBG funds cannot be used for entertainment, gifts or fund-raising activities. Reimbursement expenditures must be appropriately documented. City shall comply with conflict of interest provisions and shall not exclude any person from funded programs on the grounds of race, sex, creed, color, religion or national origin. CDBG funds cannot be used to replace other local or state monies to fund essential services typically offered by the City. The City shall certify the eligible use of CDBG funds on Certification of CDBG Funded New or Expanded Service, Exhibit 5. This program is available to low- and moderate - income persons and requires documentation that at least 51% of the persons served are from income qualifying households. In order to document that 51% of the persons served are from income qualifying households, a Beneficiary Qualification Statement, Exhibit 3(a), must be completed for each person that participates in the program. A Spanish version of the Beneficiary Qualification Statement, Exhibit 3(b), can be completed for Spanish speakers who prefer it, however, the County cannot guarantee the accuracy of the translation and CDH cannot be held responsible for any errors. The Beneficiary Qualification Statement will then be used to complete and submit the Monthly Program Progress/Direct Benefit Report, Exhibit 4, to CDH. The Monthly Program Progress/Direct Benefit Reports must be submitted to CDH for each month that CDBG reimbursement is requested. It is anticipated that a monthly average of approximately255 youth will participate in the REC Center Programs. A "Unit of Service" is defined as each youth attending an outreach and/or program activity, in a given month. The number of youth times the total number of program activities per month will reflect the total units of service which results in the measureable outcome. The measurable outcome will be recorded on Part I: Monthly Program Progress Report, Exhibit 4, and the number of unduplicated first-time youth who participated in the program during the fiscal year will be recorded on Part II: Direct Benefit Report, Exhibit 4. The City of Grand Terrace understands that reimbursements received from the County for which no measurable outcome is achieved may subsequently be required to be repaid by the City (using non-federal funds) to County. Measurable outcomes are defined as providing benefits to low- to moderate - income Individuals, families, organizations, and communities and are derived from the project or program. Examples include: construction completed resulting in improved access to services/public facilities/park & recreation/street improvements, etc. The City of Grand Terrace will submit a final request for reimbursement for the program year no later than July 15, 2020. Note: After July 31, 2020, any balance remaining in this project will be reprogrammed. IMPLEMENTING CITY' CITY OF GRAND TERRACE SIGNATURE: COUNTY OF SAN BERNARDINO Gary Hallen, giFe'peor of Community Development and Housing/ DATE: �Q TITLE: DATE Bryan Anderson, Supervising Community Development and Housing Analyst COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING Proiect/ Activity Title: PROJECT/CASE NUMBER: Grand Terrace: Youth Recreation, Education & Creative GTER-19-1-05D/7505 Arts Program - The REC Center Name/Address of Contract Agency: Date of Issue: The REC Center X Original: Beginning 7/1/2019 22421 Barton Road, #289, Grand Terrace, CA 9231: Amendment No.: PROJECT/ACTIVITY DESCRIPTION SERVICES: The Grand Terrace REC Center will administer a variety of classes, afterschool programs, camps and workshops. Students will be taught by qualified and professional mentors. All instructors, staff, and volunteers go through instructor training and background checks. Approximately 255 youth will have increased access to art, music and recreational programs. UNITS OF SERVICE: A "Unit of Service" is defined as a youth from a low- and -moderate income household attending and/or participating in a program activity. For example: if 3 youth attend a once a week recreational session for the month, that is equal to 12 units of service [3 x 1 x 4 = 12]. Units of service will be reported on Part I: Monthly Program Progress Report, Exhibit 4. TIME OF PERFORMANCE: July 1, 2019 through June 30, 2020 PROGRAM PARTICIPANT PERFORMANCE STANDARDS: CDBG Activity: Youth Services Measurable Outcome: Approximately 255 youth will have increased access to art, music and recreational programs (the goal is 21 Units of Service per month). In addition to units of service, The REC Center will report unduplicated client counts on the Part II: Direct Benefit Report, Exhibit 4. OPERATIONS: The program will be carried out at The REC Center (Azure Hills Church), located at 22633 Barton Road, Grand Terrace, CA 92313. Exhibit 1 Page 1 of i COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING Proiect/ Activitv Title: PROJECT/CASE NUMBER: Grand Terrace: Youth Recreation, Education & Creative GTER-19-1-05D/7505 Arts Program - The REC Center Name/Address of Contract Agency: Date of Issue: The REC Center X Original: Beginning 7/1/2019 22421 Barton Road, #289, Grand Terrace, CA 92313 Amendment No.: BUDGET SUMMARY A. Budget Items Projected Expenses Personnel $30,720 Consultant/Contract Services (Auditing, Accounting or Payroll Services) $4,000 Travel $0 Space Rent $16,380 Consumable Supplies $6,300 Rental, Lease, or Purchase of Equipment $0 Insurance $1,500 Other (Utilities, Land -line Phones, Cellular Phones, Internet Service, Postal Services, Security Clearances, Approved Subsidies/Scholarships, Administrative and Indirect Costs) $4,100 Total Budget: $63,000 B. Sources of Funding Amount of Revenue 1. Program Fees $11,200 2. Fundraisers / Donations $44,672 3. 4. 5. *CDBG Share $7,128 Total Sources of Funding:1 $63,000 *Project Allocation: $7,128 (Allocated dollars can only be expended in the category of Space Rent as listed under subsection A of Budget Summary above.) Time of Performance: July 1, 2019 through June 30, 2020 Special Instructions or Restrictions: For programs with multiple funding sources, administrative and indirect costs charged to this grant must be determined using the City's approved Cost Allocation Plan. The current standard Internal Revenue Service mileage allowance will be used for reimbursement of authorized costs associated with vehicle operation under this contract. City will submit a final request for reimbursement for the program year no later than July 31, 2020. After July 31, 2020, any balance remaining in this project will be reprogrammed. Exhibit 2 Page 1 of 1 COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING Proiect/ Activity Title: PROJECT/CASE NUMBER: Grand Terrace: Youth Recreation, Education & Creative GTER-19-1-05D/7505 Arts Program - The REC Center Name/Address of Contract AQencv: Date of Issue: The REC Center X Original: Beginning 7/1/2019 22421 Barton Road, #289, Grand Terrace, CA 92313 Amendment No.: BENEFICIARY QUALIFICATION STATEMENT This form has the purpose of providing information needed to qualify the use of federal Community Development Block Grant (CDBG) funds for the project/activity described above. This statement must be completed and signed by the person (or legal guardian of the person) requesting to receive benefits from the described project/activity. Only one statement per person, per fiscal year is required (Fiscal Year begins July 1 and ends June 30). Please answer each of the following questions. 1. This question helps you determine the size of your household. For this question a household is a group of related or unrelated persons occupying the same house with at least one member being the head of the household. Renters, roomers, or borders cannot be included as household members. How many persons are in your household? 2. This question asks if you are from a low- and moderate -income household. For this question, a list of the EXTREMELY LOW-INCOME, VERY LOW-INCOME and LOW-INCOME categories* are presented below. Please add up the combined gross annual income of all persons in your household from all sources of income. In the blanks provided, write (yes) or (no) if your combined gross annual income is equal to or less than the, EXTREMELY LOW-INCOME, VERY LOW- INCOME, or LOW -INCOME -amount for the number of persons in your household. YES/NO EXTREMELY LOW-INCOME VERY LOW-INCOME LOW-INCOME Number of Persons in Your Household 1 2 3 4 5 6 7 8 VERY LOW-INCOME LIMIT ($) 25,150 28,750 32,350 35,900 38,800 41,650 44,550 47,400 EXTREMELY LOW-INCOME LIMIT ($) 15,100 17,250 21,330 25,750 30,170 34,590 39,010 43,430 LOW INCOME LIMIT ($) 40,250 46,000 51,750 57,450 62,050 66,650 71,250 75,850 * Taken from FY 2019 Income Limits Summary: https: www.huduser. ov orta1 datasets/il/i12019/2019summa .odn Exhibit 3(a) Page 1 of 2 COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING Proiectl Activity Title: PROJECT/CASE NUMBER: Grand Terrace: Youth Recreation, Education & GTER-19-1-05D/7505 Creative Arts Program - The REC Center Name/Address of Contract Agency Date of Issue: The REC Center X Original: Beginning 7/1/2019 22421 Barton Road, #289, Grand Terrace, CA 92313 Amendment No.: 3. Please indicate how you identify yourself by checking only one of the following choices: White Hispanic F-1 Non -Hispanic a Black/African American American Indian/Alaskan Native 0 0 Asian Native Hawaiian/Other Pacific Islander American Indian/Alaskan Native & White E� 71 Asian & White a Black/African American & White a American Indian/Alaskan Native & Black/African American a Balance/Other a 71 4. Please check whether you belong to a Female Headed Household: FYES FINO S. Please describe the condition that would qualify you as being considered in one of the following presumed low- and moderate -income categories: abused child, battered spouse, elderly person, homeless person, disabled adult, illiterate person, or migrant farm worker: (Description) ACKNOWLEDGMENT AND DISCLAIMER I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE TRUE. NAME ADDRESS: SIGNATURE: CITY: PHONE: DATE: ZIP: The information you provide on this form is for Community Development Block Grant (CDBG) program purposes only and will be kept confidential. Exhibit 3(a) Page 2 of 2 COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING Proiect/ Activity Title: PROJECT/CASE NUMBER: Grand Terrace: Youth Recreation, Education & GTER-19-1-05D/7505 Creative Arts Program - The REC Center Name/Address of Contract Agency: Date of Issue: The REC Center X Original: Beginning 7/1/2019 22421 Barton Road, #289, Grand Terrace, CA 92313 Amendment No.: ARACION DE LA CALIFICACION DEL BENEFICIARIO Esta forma tiene el propbsito de proporcionar la informaci6n necesaria para calificar el use de los fondos federates del bloque del desarrollo de la comunidad (CDBG) para el proyecto/actividad descrito arriba. Esta dectaracibn se debe Ilenar y firmar por la persona (o la tutela legal de la persona) que solicita para recibir beneficios del proyecto/actividad descrito. Solamente una dectaracibn por persona, por an"o se requiere. Conteste por favor a cada una de las preguntas siguientes. 1. Esta pregunta le ayuda a determinar el tamano de su casa. En esta pregunta un hogar es un grupo de personas relacionadas o sin relaci6n que ocupan la misma casa por to menos con un miembro que es la cabeza de la casa. Los inquilinos no se pueden incluir como miembros de la casa. iCuantas personas viven en su casa? 2. Esta pregunta explica si usted es de un hogar de ingresos bajos y moderados. Para esta pregunta, la lista de categorias de INGRESOS-ESTREMADO BAJOS, INGRESO-BAJOS *se presenta abajo. Sume por favor para arriba los ingresos brutos anuales combinados de todas las personas en su hogar y de todas las fuentes de los ingresos. En el espacio en blanco, escriba (si) o (no) si su ingreso anual grueso combinado es igual o menos que la cantidad de INGRESOS-ESTREMADO BAJOS, INGRESOS-MUY BAJOS, INGRESO-BAJOS para el n6mero de personas en su casa. SVNo INGRESOS-ESTREMADO BAJOS INGRESOS-MUY BAJOS INGRESO-BAJOS Numero de Personas en su Hogar 1 2 3 4 5 6 7 8 INGRESOS-ESTREMADO BAJOS ($) 25,150 28,750 32,350 35,900 38,800 41,650 44,550 47,400 INGRESOS-MUY BAJOS ($) 15,100 17,250 21,330 25,750 30,170 34,590 39,010 43,430 INGRESO-BAJOS ($) 40,2SO 46,000 51,750 57,450 62,0SO 66,650 71,250 7 * Tornado de FY 2019 Resu men Urnites de Ingresos: httr)s://www.huduser.gov/portal/datasets/il/il2019/2019summary.odn Exhibit 3(b) Page 1 of 2 COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING ProiecY Activity Title: PROJECT/CASE NUMBER: Grand Terrace: Youth Recreation, Education & GTER-19-1-05D/7505 Creative Arts Program - The REC Center Name/Address of Contract Agency: Date of Issue: The REC Center X Original: Beginning 7/1/2019 22421 Barton Road, #289, Grand Terrace, CA 92313 Amendment No.: 3. Indique por favor cdmo se identifica usted, marcando solamente una de las opciones siguientes: Hispano No-Hispano Blanco Negro/Afro Americano a Indio Americano/Nativo de Alaska AsiAtico a Nativo Hawaiano/Otra Isla del Pacifico Indio Americano/Nativo de Alaska & Blanco Asi6tico & Blanco Negro/Afro Americano & Blanco Indio Americano/Nativo de Alaska & Negro/Afro Americano Balance/Otro a 4. Marque por favor si usted pertenece a un hogar encabezado femenino: =Si =No 5. Describa por favor la condicion que le calificaria como siendo considerado en una de las categorfas de presumidos ingresos bajos y moderados siguientes: nino abusado, esposo estropeado, persona mayor, persona sin hogar, adulto incapacitado, persona analfabeta, o trabajador migratorio de granja: (Description) RECONOCIMIENTO Y NEGACION CERTIFICO BAJO PENA DE PERJURIO QUE LAS DECLARACIONES HECHAS EN ESTA FORMA, ACERCA DE LOS INGRESOS Y DE LAS CUENTAS DE LA CASA SON VERDADERAS. NOMBRE: FECHA DOMICILIO: CIUDAD : FIRMA: TE LE FO NO : CODIGO : La informacidn que usted proporciona en esta forma es para los propGsitos del programa de fondos del bloque del desarrollo de la comunidad (CDBG) solamente y serli mantenida confidencial. Exhibit 3(b) Page 2 of 2 COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING Proiect/ Activity Title: PROJECT/CASE NUMBER: Grand Terrace: Youth Recreation, GTER-19-1-05D/7505 Education & Creative Arts Program - Name/Address of Contract Agency: Date of Issue: The REC Center X Original: Beginning 7/1/2019 22421 Barton Road, #289, Grand Terrace, CA 92313 Amendment No.: MONTHLY PROGRAM PROGRESS AND DIRECT BENEFIT REPORT For the Month of , 20 PART I: MONTHLY PROGRAM PROGRESS REPORT A. Units of Service Provided and Description In the space provided under each type of service listed below, summarize what your program has accomplished during this month. Include location, number of persons served, services/benefits provided, and a description of the clients served. Also report the number of "Units of Service" provided, as defined in the Project/Activity Description (Exhibit 1 of the agreement). Attach additional pages if needed. Type of Service: JAnticipated Units of Service 1. Recreation, Education, or Creative Arts at the REC Center: Goal/Mo.: 22 Actual/Mo. : Each qualifying youth participating/attending one program activity for the month B. Monthly Beneficiary Count (may include individual persons or households previously counted during this grant/program year) Total number of beneficiaries (clients/participants) served this month (1 category only): Number of Persons ---------- OR Number of Households PART II: DIRECT BENEFIT REPORT Direct Benefit Statistics (Unduplicated first-time client counts since start of contract; taken from Beneficiary Qualification Statement forms) Enter the number of first-time program beneficiaries directly assisted this month (check one box) Count only as: ❑X Individual Persons or FlHouseholds Extremely Low -Income: + Very Low -Income: + Low -Income: = All Beneficiaries: Non- Non - Racial Identity Categories Hispanic Hispanic Hispanic Hispanic (a) (b) (c) (d) White American Indian/Alaskan Native & White Black/African American Asian & White American Indian/Alaskan Native Black/African American & White Asian Amer. Indian/Alaskan Native & African Amer. Native Hawaiian/Other Pacific Islander Balance/Other Total of Racial Identity Categories: Add columns (a)+(b)+(c)+(d) from above. Match to "All Beneficiaries" total above: Female Headed Households: Signed : Title : Date Printed Name: Telephone No./Ext. Exhibit 4 Page 1 of 1 COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING Proiect/ Activitv Title: PROJECT/CASE NUMBER: Grand Terrace: Youth Recreation, Education & GTER-19-1-05D/7505 Creative Arts Program - The REC Center Name/Address of Contract Agency: Date of Issue: The REC Center X Original: Beginning 7/1/2019 22421 Barton Road, #289, Grand Terrace, CA 92313 Amendment No.: CERTIFICATION OF CDBG FUNDED NEW OR EXPANDED SERVICE The City of Grand Terrace certifies that the public service project described in these Attachments A & B and associated Exhibits is either: A New Public Service A new public service is defined as a new service to your community which has not been previously funded through city funds. OR An Expanded Service An expanded public service is defined as a quantifiable increase in the level of an existing service which has been provided by the grantee or another entity on its behalf through State or local government funds in the 12 months preceding the CDBG contract year. Describe the expansion of the public service: XR This expanded public service will result in an increase of 5 youth above the level which has been previously provided by or on behalf of the City of Grand Terrace. OR This expanded public service will increase the scope of the service by adding (describe added or expanded activities) to a public service which has been previously provided by or on behalf of the City of Grand Terrace. The City of Grand Terrace certifies that the implementing organization: Is a unit of local government (incorporated city, township, County department or district, community services district, school district, etc.), or a private non-profit entity incorporated in the State of California with "active" status; and, FIs conferred tax-exempt status by the Internal Revenue Service, pursuant to Section 501( c)(3) of the Internal Revenue Code; and, Is not suspended or debarred from participating in federally funded contracts and sub awards. FX Is registered in the System for Awards management (SAM). SIGNATURE: DATE: Zd NAME: G. HAROLD DUFFEY TITLE: Exhibit 5 Page 1 of 1