HomeMy WebLinkAboutKIDWORKS COMMUNITY DEVELOPMENT CORPORATION (18) INSURANCE NOT ON FILE N-2024-370
WORK MAY NOT PROCEED
CITY CLERK
DATE: NOV 2 6 2024
PARTNERSHIP AND CONSULTANT AGREEMENT WITH KIDWORKS
O:PWP(2> COMMUNITY DEVELOPMENT CORPORATION TO PROVIDE COMMUNITY
Cral S-kx 1V.0 OUTREACH AND LIAISON SERVICES FOR THE ENVIRONMENTAL AND
CLIMATE JUSTICE COMMUNITY CHANGE GRANT PROGRAM
THIS AGREEMENT is made and entered into this 12th day of November, 2024 by and between
KidWorks Community Development Corporation, a California nonprofit corporation
("Consultant" or "Statutory Partner"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California
("City" or "Lead Applicant"). Consultant and City are also collectively referred to herein as
"Parties" or singularly as a"Party."
RECITALS
A. The City desires to retain a consultant have special skill and knowledge in the field of
community outreach and liaison services for the Environmental and Climate Justice
Community Change Grant Program.
B. Consultant represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting fum in the field.
NOW THEREFORE,in consideration of the mutual and respective promises,and subject
to the terms and conditions hereinafter set forth,the parties agree as follows:
I. PARTNER RESPONSIBILITIES
In compliance with Appendix B of the U.S.Environmental Protection Agency's Notice of
Funding Opportunity(#EPA-R-OEJECR-OCS-23-04),Consultant shall perform during the term
of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and
incidental customary work required to fully and adequately complete the services described and
set forth in Exhibit A: Scope of Work, attached hereto and incorporated by reference. City shall
likewise perform during the term of this Agreement,the tasks and obligations set forth in Exhibit
A: Scope of Work.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services
for City, the rates and charges identified in Exhibit A: Scope of Work. The total
amount authorized during the term of this Agreement, including any extension
periods, shall not exceed $49,999.00.
b. Payment by City shall be made within forty-five (45) days following receipt of
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proper invoice evidencing work performed, subject to City accounting procedures.
City and Consultant agree that all payments due and owing under this Agreement
shall be made through Automated Clearing House (ACH) transfers. Consultant
agrees to execute the City's standard ACH Vendor Payment Authorization and
provide required documentation. Upon verification of the data provided, the City
will be authorized to deposit payments directly into Consultant's account(s) with
financial institutions. Payment need not be made for work which fails to meet the
standards of performance set forth in the Recitals which may reasonably be
expected by City.
3. TERM
This Agreement shall commence on November 12, 2024 and terminate on November 11,
2027, with the option for the City to grant up to one (1), two (2)year extension, exercisable by a
writing by the City Manager and the City Attorney, unless terminated earlier in accordance with
Section 17,below.
4. PREVAILING WAGES
Consultant 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 16000, et seq.,
("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 services
being performed are part of an applicable"public works"or"maintenance"project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
S. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement;however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages,employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
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authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents &Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractors prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
Consultant shall procure and maintain for the duration of the agreement, the following
insurance coverages:
Minimum Scope and Limit of Insurance. Consultant shall maintain limits of insurance
coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an"occurrence"basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less
than$1,000,000 per occurrence and$2,000,000 aggregate.
• Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code
1 (any auto), with combined single limits of$1,000,000. In the event Consultant does
not maintain commercial automobile liability insurance, City will accept evidence of
personal automobile insurance with existing limits, which can be lower than
$1,000,000.
• Workers' Compensation (W/C): as required by the State of California,with statutory
limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per
accident, per employee, per policy for bodily inj my or disease. This requirement can
be waived if Vendor has no employees.
• If Consultant maintains broader coverage and/or higher limits than the minimums
shown above, City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by Consultant. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions:
• CGL and AL policies: City of Santa Ana, its City Council, its officers, officials,
employees, agents,and volunteers are to be covered as additional insureds with respect
to liability arising out of work or operations performed by or on behalf of the Permittee
including materials,parts, equipment,and personnel furnished in connection with such
work or operations.
• All required insurance policies: Insurance company(ies) agrees to waive all rights of
subrogation against City,its City Council,its officers,officials,employees, agents, and
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volunteers for losses paid under the terms of any policy which arise from work
performed by Pennittee for City.
• All required insurance policies: For any claims related to this contract, Permittee's
insurance coverage shall be primary and any insurance maintained by City, its City
Council, its officers, officials, employees, agents, or volunteers shall not contribute
with it.
• All required insurance policies: A severability of interest provision must apply for all
the additional insureds, ensuring that Permittee's insurance shall apply separately to
each insured against whom a claim is made or suit is brought, except with respect to
the insurer's limits of liability.
• Each insurance policy required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or
materially changed except after thirty(30) days prior written notice has been given to
City. Ten(10) days prior written shall be provided to City for policy cancellation or
non-renewal due to non-payment.
• Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa
Ana,Attention: (Name of Department Staff Responsible for Agreement),20 Civic
Center Plaza M-XX (Responsible Staffs Department Mail Box), Santa Ana, CA
92701. The name and location of event should be included in the Description of
Operations section of each certificate.
Self-Insured Retentions. Self-insured retentions must be declared to and approved by the
City. City may require Consultant to purchase coverage with a lower retention or provide proof of
ability to pay losses and related investigations, claim administration, and defense expenses within
the retention.
Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct
business in the state of California with a current A.M. Best rating of no less than A:VII, unless
otherwise acceptable to City.
Verification of Coverage. Permittee shall furnish City with original Certificates of
Insurance including all required amendatory endorsements (or copies of the applicable policy
language effecting coverage required by this clause) and a copy of the Declarations and
Endorsement Page of the COL policy listing all policy endorsements to Entity before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive
Permittee's obligation to provide them. City reserves the right to require complete,certified copies
of all required insurance policies,including endorsements required by these specifications, at any
time.
Claims Made Policies. If any of the required policies provide coverage on a claims-made
basis:
• The retroactive date must be shown and must be before the date of the contract or the
beginning of work.
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• Insurance must be maintained and evidence of insurance must be provided for at least
three(3) years after completion of work.
• If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a retroactive date prior to the contract effective date, Company must
purchase "extended reporting" coverage for a minimum of three (3) years after
completion of work.
Subcontractors. Consultant shall require and verify that all sub-contractors maintain
insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an
additional insured on insurance required from sub-contractors.
Special Risks or Circumstances. City reserves the right to modify these requirements,
including limits,based on the nature of the risk,prior experience,insurer,coverage,or other special
circumstances.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City,its officers,
agents,employees,Consultants,special counsel,and representatives from liability:(1)for personal
injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant or its subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and
(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
equitable relief is due by reason of the terms of or effects arising from this Agreement. This
indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution,judicial or equitable relief suffered, or alleged to have been suffered,by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a.third party challenging the validity of this Agreement, or asserting that
personal injury,damages,just compensation,restitution,judicial or equitable relief due to personal
or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code
Section 2782.8,the above indemnity shall be limited,to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent,trademark,or copyright contained in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
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10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents,proceedings, and activities related to this Agreement for a period of three
(3)years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary,Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance,but in no event less than reasonable care. "Confidential Information"shall include all
nonpublic information. Confidential information includes not only written infonnation, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST'CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section,to the following persons:
To City: City Clerk
City of Santa Ma
20 Civic Center Plaza (M-30)
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P.O. Box 1988
Santa Ana,California 92702
Fax 714-647-6956
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Aim,California 92702
To Consultant:
KidWorks
Attn: David Benavides
1902 W Chestnut Ave.
Santa Ana, California 92703
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four(24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
timeframes,weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral
or written,between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Consultant. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall'not
bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no
representations,inducements,promises or agreements,orally or otherwise,have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services, which are the subject to this
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20. PROFESSIONAL LICENSES
Consultant shall,throughout the term of this Agreement,maintain all necessary licenses,
permits, approvals,waivers,and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City inunediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
21. FEDERAL REGULATIONS
Consultant shall comply with all applicable contractual provisions required by the United
States Office of Management and Budget(OMB),as set for the in 2 CRF Part 200,whether or not
expressly set forth in this document, including but not limited to those provisions set forth in
Exhibit B:Federal Contract Provisions, attached hereto and incorporated herein by reference.
Notwithstanding, anything to the contrary herein, including without limitation, the
language in this Agreement, the actual language contained in federal statutes, federal regulations,
federally promulgated materials and state statutes, shall control in determining any obligations
under federal law in the event of a conflict with any terms, language or provisions contained in
this Agreement. Consultant shall not perform any act,fail to perfonn any act, or refuse to comply
with any requests,which would cause City to be in violation of the federal terms and conditions.
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.
22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power,authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not,in fact,held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
[signatures appear on following page]
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SIGNATURE PAGE FOR PARTNERSHIP AND CONSULTANT AGREEMENT WITH
KIDWORKS COMMUNITY DEVELOPMENT CORPORATION TO PROVIDE
COMMUNITY OUTREACH AND LIAISON SERVICES FOR THE ENVIRONMENTAL
AND CLIMATE JUSTICE COMMUNITY CHANGE GRANT PROGRAM
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST CITY OF SANTA ANA
ea Al‘
ennifer •lvaro Nunez
City C `""" City Manager
APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney
r `
Jonathan T.Martine By:David B navides
Assistant City Attorney Title: CEO,KidWorks
RECOMMENDED FOR APPROVAL
a it Saba
'Executive Director
Public Works Agency
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EXHIBIT A
SCOPE OF WORK
1902 W. Chestnut Avenue
Santa Ana, CA 92703
Office: 714,834.9400
9494
KidWorks-forks Fax: idwork4 c.org
Y V ICE www.kidwprkspc.prg
KIDWORKS SCOPE OF WORK
The City of Santa Ana(the City) is seeking funding to implement the Bristol Street Corridor
Climate Resiliency Project(the Project). The Project will develop 4.75-acres of vacant lots to
create an interconnected series of small parks and parkways along a one-mile segment of Bristol
Street that will be called the Bristol Street Recreation Corridor(the Corridor). The surrounding
communities are densely populated urban areas consisting of mostly residential and commercial
land use. The Corridor encompasses the communities of Pico-Lowell, Central City, and Mid-City
Santa Ana.The entirety of the Project benefit area is classified as disadvantaged by the EPA
Disadvantaged Community Environmental and Climate Justice Program Map,which considers
several social economic factors.The new series of parks will provide priority populations that are
disproportionately exposed to pollution and other environmental stressors with climate resilience
through heat island and pollution reduction and the social and health benefits of recreation,while
simultaneously providing several co-benefits for the environment.
The City is submitting an application as the 'Lead Applicant' under Track I of the United States
Environmental Protection Agency's Environmental and Climate Justice Community Change
Grant Program (Funding Opportunity Number EPA-R-OEJECR-OCS-23-04)which provides up
to $20 million dollars in grant funding with no matching fund requirements for projects that
achieve sustained impacts to climate resilience,pollution reduction, community health,economic
prosperity, and community strength and can be completed within three years.Eligible applicants
to apply and receive funding under this funding opportunity include"(I)a partnership between
two community-based nonprofit organizations (CBOs) as defined below, or(2) a partnership
between a CBO and one of the following: a federally recognized Tribe, a local government, or an
institution of higher education. These types of partnerships for eligibility purposes are known as
Statutory Partnerships."Therefore,the City would like to partner with KidWorks to form an
eligible partnership under this funding opportunity.
As 'Lead Applicant',the City will be responsible for the completion of the Project and will be
responsible for managing and procuring consultants and contractors required to complete all
design and construction aspects of the Project. Furthermore,the City will be responsible for the
overall management,performance, oversight,and reporting responsibilities under the EPA grant;
for making subawards to Collaborating Entities; receipt of Federal funds from the EPA; and the
proper expenditure of EPA funds and bearing liability for unallowable costs. The City will also
be responsible for compliance and legal issues, and managing risks associated with the Project.
KidWorks is a vibrant community development non-profit that has made and continues to make a
lasting impact in several neighborhoods of central Santa Ana.The City would like to bolster the
Project by partnering with KidWorks. Kidworks has deep connections in the community and can
provide community engagement services that will help ensure the Project truly reflects the needs
of the community it serves. If awarded EPA funds,KidWorks shall perform the following:
Kid Works ..We Unleash Youth Potential
1902 W. Chestnut Avenue
Santa Ma, CA 92703
''^ Office: 714.834.9400
9494
KidWorICS" Fax: idwork4 c.org
www.kidworksoc,org
1. Act as "Statutory Partner"in the US EPA Environmental and Climate Justice Community
Change Grant Program
2. Community Outreach
a. Attend neighborhood association meeting for the communities of Pico-Lowell,
Central City, and Mid-City Santa Ana throughout the 3-year grant performance
period to inform community members about the Project and obtain feedback
b. Assist with the recruitment of youth participants to form a Design Advisory Board
to ensure that the Project design meets community needs and to educate youth on
Project design processes.
c. Meet regularly with City staff to discuss feedback obtained from the community
d. Prepare Project presentations for the community and Project stakeholders
a Assist in the procurement of a local artist(s)to design and implement community
art features along the Bristol Recreation Corridor
3. Negotiate and enter into an agreement(the"Subaward Agreement")that complies with
the subaward requirements in the grant regulations per 2 CFR 200.331 and in the EPA's
Subaward Policy and related guidance,that contains the terms and conditions set forth in
Appendix B of the Notice of Funding Opportunity, and that contains any additional
necessary terms and conditions.
Minor disputes will be discussed during routine project meetings and resolved by the Project
Management Team. More significant disputes will be submitted in writing by either party.If a
resolution cannot be achieved by the Project Management Team,parties will seek neutral
mediation assistance.The City Manager or Executive Director of the Public Works Agency will
have final determination on any disputes.
The City does not anticipate that a.replacement of the Statutory Partner will be needed. However,
as a proactive measure,the City proposes the following to ensure that a replacement entity is
capable of seeing through the Project in the required 3 year performance period if Kid Works
becomes unable to: The new collaborating entity will be required to commit to the same roles
and responsibilities as the previous collaborating entity in writing,the new Statutory Partner
must have skills,qualifications, expertise, community outreach capabilities, and experience that
are greater than or equal to the last entity,the new Statutory Partner must serve the same
constituencies as the last, and the new entity must be approved by an authorized EPA official
pursuant 2 CFR 200,308(c)(6).
KidWorks...We''Unleash Youth Potential
1902 W. Chestnut Avenue
Santa Ana, CA 92703
Office:714,834.9400
Ki •
d � Fax: 714-$34.9494
www.kldworksoc.org
FEE SCHEDULE
KidWorks Scope of Work for Bristol Street Corridor Climate Resiliency Project
Task Participants Frequency Cost
Engage in outreach
efforts to strengthen
participation in local KidWorks Youth Bi-Monthly $10,000
neighborhood Leaders&Staff
association meetings
Participate in local
neighborhood KidWorks Youth Quarterly $9,500
association meeting Leaders&Staff
Prepare and make
presentations at local
neighborhood
association meetings KidWorks Youth
regarding the Bristol Leaders Quarterly $11,500
project, it's progress
and importance of
community engagement
Assist w/recruitment
meetings of youth for KidWorks Youth Monthly $5,000
Design Advisory Board Leaders& Staff (first 4 months)
Participate in Design KidWorks Youth
Advisory Board Leaders&Staff Quarterly $6,000
Meet with City staff to
review/discuss KidWorks Youth Quarterly $4,000
community input Leaders&Staff
Prepare and present
updates to City leaders KidWorks Youth Annual $3,000
on progress of project Leaders
Total $49,000
KidWorks...We Unleash Youth Potential
EXHIBIT B
FEDERAL REGULATIONS
FEDERAL REGULATIONS
a.Federal Regulations—Recipient must comply with the government cost principles,uniform
administrative requirements and audit requirements for federal grant program housed within Title 2,Part
200 of the Code of Federal Regulations.
b.Debarment and Suspension—As required by Executive Orders 12549 and 12689, and 2
CFR§200.212 and codified in 2 CFR Part 200, Recipient must provide protection againstt waste,fraud,
and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the
Federal government.
c.Audit Records -With respect to all matters covered by this agreement all records shall be made
available for audit and inspection by CITY,the grant agency and/or their duly authorized representatives
for a period of three(3) years from the date of submission of the final expenditure report by the City of
Santa Ant For a period of three years after final delivery hereunder or until all claims related to this
Agreement arc finally settled,whichever is later,Recipient shall preserve and maintain all documents,
papers and records relevant to the services provided in accordance with this Agreement, including the
Attachments hereto. For the same time period,Recipient shall make said documents,papers and records
available to City and the agency from which City received grant funds or their duly authorized
representative(s), for examination, copying, or mechanical reproduction on or off the premises of
Recipient,upon request during usual working hours.
d, Reports-Recipient shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be required to provide to the
agency from which City received grant funds or other persons or agencies.
e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) -All recipients of federal
funds must comply with Section 504 of the Rehabilitation Act of 19'73 (The Act).Therefore,the federal
funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise
qualified handicapped person shall, solely by reason of handicap be excluded from the participation in,
be denied the benefits of or be subject to discrimination,including discrimination in employment,in any
program or activity that receives or benefits from federal financial assistance.The Recipient agrees it
will ensure that requirements of The Act shall be included in the agreements with and be binding on all
of its contractors, subcontractors, assignees or successors.
£ Americans with Disabilities Act of 1990- (ADA)Recipient must comply with all requirements
of the Americans with Disabilities Act of 1990(ADA), as applicable.
g. Political Activity-None of the funds,materials,property,or services provided directly or
indirectly under this agreement shall be used for any partisan political activity,or to further die election
or defeat of any candidate for public office, or otherwise in violation of the provisions of the"Hatch
Act".
h.No Lobbying-Recipient will comply with all applicable lobbying prohibitions and laws,
including those found in the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352, et seq.), and agrees that
none of the funds provided under this award may be expended by the Recipient to pay any person to
influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with any
federal action concerning the award or renewal of any federal contract, grant, loan,or cooperative
agreement.
i.Non-Discrimination and Equal Opportunity-Recipient will comply,and all its contractors
(or subrecipients)will comply,with Title VI of the Civil Rights Act of 1964, as amended; Section 504
of the Rehabilitation Act of 1964, as amended; Subtitle A,Title II of the Americans with Disabilities
Act(ADA)(1990); Title DC of the Education Amendments of 1972; the Age Discrimination Act of
1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol
Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970, as amended; Section 523
and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of
1968,as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42,Subparts C,
D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39.
In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a
finding of discrimination after a due process hearing on the grounds of race, color,religion,national
origin, sex,or disability against a recipient of funds,the Recipient will forward a copy of the findings to
CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs,
U.S.Department of Justice. If applicable,recipient will comply with the equal opportunity clause in 41
C.F.R. 60-1.4(b)in accordance with Executive Order 11246 as amended by Executive Order No. 11375.
j. Equal Employment Opportunity-Recipient will comply, and all its contractors(or
subrecipients)will comply, with all requirements of the Executive Order 11246 of September 24, 1965,
entitled"Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1.967,
and as supplemented in Department of Labor regulations(41 CFR, Subtitle B,Chapter 60), as
applicable.
k. Public Contracts Code-Recipient will comply, and all its contractors(or subrecipients)will
comply,with all requirements of the California Public Contract Code Section 10295.3, as applicable.
1. Copeland Anti-Kickback Act-Recipient will comply,and all its contractors and
subcontractors (or subrecipients) shall comply,with all requirements of the Copeland"Anti-Kickback"
Act(40 U.S.C. 3145) as supplemented in Department of Labor regulations(29 CFR Part 3), as
applicable.
(1)Contractor—Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and
the requirements of 29 C.F.R.Part. 3 as may be applicable,which are incorporated by reference
into this contract.
(2) Subcontracts—Contractor or subcontractor shall insert in any subcontracts the clause
above and such other clauses as FEMA may by appropriate instructions require,and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses,
(3)Breach—A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §
5.12.
m.Davis-Bacon Act-Recipient will comply, and all its contractors (or subrecipients)will
comply, with all requirements of the Davis-Bacon Act(40 U.S.C. 3141-3144 and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
Contractors are required to pay wages to laborers and mechanics at a rate no less than the
prevailing wages specified in a wage determination made by the Secretary of Labor.
Additionally, contractors are required to pay wages not less than once a week.
n. Work Hours and Safety-Recipient will comply, and all its contractors(or
subrecipients)will comply,with all requirements of Sections 103 and 107 of the Contract Work Hours
and Safety Standards Act(40 U.S.C. 3702 and 3704) as supplemented by Department of Labor
regulations(29 CFR Part 5), as applicable.
o. Clean Air Act-Recipient will comply, and all its contractors(or subrecipients)will
comply,with all applicable standards, orders or requirements issued under the Clean Air Act(42 U.S.C.
7401-7671q),and the Federal Water Pollution Control Act(33 U,S.C. 1251-1387), as applicable.
p. Energy and Conservation-Recipient will comply, and all its contractors(or subrecipients)
will comply,with all requirements of the Energy Policy and Conservation Act(42 U.S.C. 6201), as
applicable.
q. Waste Disposal-Recipient will comply, and all its contractors(or subrecipients) will
comply,with all requirements of Section 6002 of the Solid Waste Disposal Act,as amended by the
Resource Conservation and Recovery Act, as applicable.
r. Patent Rights -Recipient agrees that the Department of Homeland Security shall have
the authority to seek patent rights for any process,product, invention or discovery developed and paid
for with funding through this Agreement based on the requirements of 37 CFR Part 401 and any other
implementing regulations, as applicable.
s. Copyright-Recipient may copyright any books,publications or other copyrightable
materials developed in the course of or under this Agreement. However,the federal awarding agency,
State Administrative Agency(SAA) and City reserve a royalty-free,non-exclusive,and irrevocable
license to reproduce,publish or otherwise use, and to authorize others to use, for federal government,
SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and
(2) any rights of copyright to which the subcontractor purchases ownership with support through
this grant.The Federal government's, SAA's and City's rights identified above must be
conveyed to the publisher and the language of the publisher's release form must ensure the
preservation of these rights.
t. Telecommunications(2 CFR 200.216) -Recipient will comply with FEMA Policy 405-143-
1,Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or
Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan
or grant fiends to procure or obtain, extend or renew a contract to procure or obtain,or to enter into a
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.
As described in Public Law 115-232, section 889,covered telecommunications equipment is:
(1)Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation(or any subsidiary or affiliate of such entities).
(2)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).
(3)Telecommunications or video surveillance services provided by such entities or using such
equipment.
(4)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.
u. Domestic preferences for.procurements (2 CFR 200.322) -Recipient agrees that as
appropriate and to the extent consistent with law, it will,to the greatest extent practicable under a
Federal award,provide a preference for the purchase, acquisition, or use of goods,products, or materials
produced in the United States (including but not'United to iron, aluminum, steel, cement, and other
manufactured products). This requirement must be included in al.l subawards including all contracts and
purchase orders for work or products under this award.For purposes of this provision: "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; and"manufactured
products"means items and construction materials composed in whole or in part of non-ferrous metals
such as aluminum;plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such
as concrete; glass, including optical fiber; and lumber.
v. Equal Employment in Construction Contracts-Pursuant to Equal Employment Opportunity
requirements of 41 C.F.R. 60-1.4(b)in accordance with Executive Order 11246 as amended by
Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the
performance of this contract,the contractor agrees as follows:
(1)The contractor will not discriminate against any employee or applicant for employment
because of race, color,religion, sex,sexual orientation, gender identity, or national origin.The
contractor 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 contractor 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.
(2)The contractor will,in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race,color, religion, sex, sexual orientation,gender identity, or
national origin.
(3)The contractor 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 contractor's legal duty to furnish information.
(4)The contractor 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 contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(5)The contractor 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,
(6)The contractor 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.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of fins
contract or with any of the said rules,regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor 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.
(8)The contractor will include the portion of the sentence immediately preceding paragraph(1)
and the provisions of paragraphs (1)through(8)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 subcontractor or vendor. The contractor 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.
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