HomeMy WebLinkAbout09. Downey Cemetery ImprvmntsAPPROVED BY
TO- MAYOR AND MEMBERS OF THE CITY COUNCIL WY MANAGER
FROM- PAMELA J. PASSOW, DIRECTOR OF PARKS & RECREATION
DATE: JUNE 26,2018
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1. Accept a donation in the amount of $50,000 from the County of Los Angeles Board of
Supervisors for Cemetery improvements; and
2. Authorize the City Manager to execute an agreement with County of Los Angeles Board
of Supervisors for Cemetery improvements.
In January 2018
Trustees appeal` d
measures in the
improvements.
a 0
t
was vandalized. The Downey
office for a donation to assist
Hahn approved a $50,000
Cemetery Board of
with better security
,trant for cemetery
The funds will be used by the City of Downey to support the cost of maintenance and
improvements for the Downey cemetery, including the cost of gates and lighting in order to
protect the cemetery from being vandalized. The gates and lighting are the first step in the
Downey Cemetery Board of Trustees plan to improve security in the Cemetery. Future
improvements include replacing the block wall with a new fence.
FISCAL IMPACT
The total estimated cost for this project is $50,000, which is the entire grant amount ' Cemetery
improvements including this grant amount is in account #97-4-2570-0260 for the FY18-19
budget.
Website (if applicable)
SOCIAL PROGRAM AGREEMENT
Contract N
Fiscal Year 2U17-1@
City of Downey "Contractor"
11111 Brookshire Ave., Downey, CA 90241
Gilbert Livas, City Manager Telephone No.: (562) 904-7238
Profit Non Profit [xx]
Name, Location, Description ofOrganization: Them/iamioncf the City ofDowney 0nprotect and enrich the quality
of life for residents of Downey in order to make the city an excellent place to live, work, and play.
Description mfProgaot:ThefundmwN|beusedbythe[1tyof Downey b>support the cost ufmaintenance
and improvements for the Downey cemetery, including the cost of gates and lighting in order to protect the cemetery
from being vandalized.
Proposed Social Need to be Satisfied: Health and social service initiatives and programs
Contract Period: 04/2018-12/31/2018 Grant Amount: $50,000
Total ProposedExpenditures:
1)Personnel Costs: O 2yNon~Personnel Costs: $58000
County Department: BoardOf Su pervisors, Fourth
County Contact Person: Ivan Sulic Telephone No: (213) 974-4444
Contractor verifies that:
~ | have the power hoexecute this contract.
~ | have read the attached Terms and Conditions and agree thereto.
~
Financial and program records will bemaintained for _3_years.
~
A Final Report and supporting documentation on the results and expenditures of this project will be made within
60 days from the expiration or termination of this Agreement to the Executive Office.
~
These funds will boused for the program specifiedaboveandvvi||on|ybeapentwithintheConhautPeriod.A||
unused funds will bmreturned etthe end ofthe Contract Pehod..
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Contractor Signature Title Date
Contractor Printed Name Contractor E-mail Address
COUNTY OFLOS ANGELES ,
Pursuant to Government Code Sections 23005, and 26227, and an adopted Resolution by the Board of Supervisors,
— -- ~SACHI A. HAMA|—� ~ —
Chief Executive Officer
MARY C. WICKHAM
County Counsel
By
JOHN NAIMO
Auditor -Controller
By By
1. COMPENSATION
The COUNTY shall compensate the CONTRACTOR payable- upon -
execution of the Social Program Agreement ("Agreement")..
2. INDEPENDENT CONTRACTOR
The CONT CTOR shall perform all services included in this Agreement
in an independent capacity _ and neither CONTRACTOR nor
CONTRACTOR'S employees shall be considered as employees of the
COUNTY. This Agreement is by and between the CONTRACTOR and the
COUNTY and is not intended, and shall not be construed to create the
relationship of agent, servant, employee, partnership, joint venture, or
association, between the COUNTY and the CONTRACTOR.
3. ENTIRE AGREEMENT
This document constitutes the entire Agreement between the COUNTY
and the CONTRACTOR for services to be performed.
4. ASSIGNMENTS AND SUBCONTRACTS
The CONTRACTOR may enter into subcontracts for performance of
portions of this Agreement only upon receipt of prior written consent of the
County Department Director or his/her designee. All appropriate
provisions and requirements of this Agreement shall apply to the sub
agreement. The CONTRACTOR shall be held responsible by the
COUNTY for performance of any sub -contractor.
5. INDEMNIFICATION
CONTRACTOR agrees- to indemnify, defend and hold harmless the
COUNTY, their agents, officers and employees from and against any and
all liability, expense, including defense costs and legal fees, and claims for
damages of any nature whatsoever, including, but not limited to bodily
injury, death, personal injury, or property damage arising from or
connected with CONTRACTOR'S operations or services hereunder,
including any workers' compensation suits, Federal Fair Labor Standards
Act wage and hour law violations, liability, or expense, arising from or
connected with services performed by or on behalf of CONTRACTOR by
any person pursuant to this Agreement.
6. INSURANCE
Without limiting l; CONTRACTORS indemnification of COUNTY, the
CONTRACTOR shall provide and maintain at its own expense insurance
coverage satisfying the requirements specified in this Agreement. Such
insurance shall be provided by insurer(s) satisfactory to the COUNTY'S
Risk Manager and evidence of such programs satisfactory to the COUNTY
shall be delivered to County Contact Person on or before the effective
date of this Agreement. These minimum insurance coverage terms, types
and limits also are in addition to and separate from any other any other
contractual obligation imposed upon the Contractor pursuant to this
Agreement. All such insurance, except for Workers' Compensation, shall
be primary to and not contributing with any other insurance or self-
insurance coverage maintained by County and shall name the County of
Los Angeles as an additional insured. Neither the COUNTY's failure to
obtain, nor the COUNTY's receipt of, or failure to object to a non-
complying insurance certificate or endorsement, or any other insurance
documentation or information provided by the CONTRACTOR, its
insurance broker(s) and/or insurer(s), shall be construed as a waiver of
any of the insurance coverage requirements. CONTRACTOR shall insure
the following insurance coverage as it applies to this Agreement:
A. Commercial General:
Providing scope of coverage equivalent to ISO policy form CG 00 01, with
limits of not less than $1 million per occurrence.
B. Automobile Liability:
Providing scope of coverage equivalent to ISO policy form CA 00 01, with
limits of not less than $1 million for bodily injury and property damage.
Insurance shall cover liability arising out of Contractor's use of autos
pursuant to this Agreement, including owned, leased, hired, and/or non -
owned autos, as each may be applicable.
C. Workers' Compensation:
Insurance in an amount and form to meet all applicable requirements of
the Labor Code of the State of California, and which specifically covers all
persons providing services by or on behalf of CONTRACTOR and all risks
to such persons under this Agreement, and including Employers" Liability
coverage with a $1 million per limit.
D. Crime Insurance:
A comprehensive blanket crime insurance policy with each insuring
HOA, 1361222.1 2 of 4
agreement in an amount not less than $25,000; insuring against loss of
money, securities, or other property referred to hereunder which may
result from:
(1) Dishonesty or fraudulent acts of officers, directors, or
employees of CONTRACTOR, or
(2) Disappearance, destruction or wrongful abstraction inside
or outside the premises or CONTRACTOR, while in the
care, custody or control of the CONTRACTOR, or
(3) Sustained through forgery or direction to pay a certain
sum in money.
E. Sexual Misconduct Liability
Insurance covering actual or alleged claims for sexual misconduct and/or
molestation with limits of not less than two million ($2,000,000) per claim
and two million ($2,000,000) aggregate, and claims for negligent
employment, investigation, supervision, training or retention of, or failure
to report to proper authorities, a person(s) who committed any act of
abuse, molestation, harassment, mistreatment or maltreatment of a sexual
nature.
F. Professional Liability =Errors and Omissions:
Insurance covering CONTRACTOR's liability arising from or related to this
Agreement, with limits of not less than $1 million per claim and two ($2)
million aggregate. Further, CONTRACTOR understands and agrees it
shall maintain such coverage for a period of not less than three (3) years
following this Agreement's expiration, termination or cancellation.
G. Property Coverage:
If, under the terms of this agreement, CONTRACTOR shall have
possession of rented or leased or be loaned any COUNTY -owned real or
personal property, CONTRACTOR shall provide:
(1) Real Property: insurance providing Special form ("all risk")
coverage for the full replacement value,
(2) Personal Property: Insurance providing Special form ("all
risk") coverage for the actual cash value.
7.- RECORDS RETENTION AND INSPECTION
Within ten (10) days of COUNTY's written request, CONTRACTOR shall
allow COUNTY access to financial and program records during regular
business hours at any place CONTRACTOR keeps those records.
8. CONFLICT OF INTEREST
CONTRACTOR covenants that neither the CONTRACTOR nor any of it
agents, officers, its employees, or sub -contractors who presently exercise
any function of responsibility in connection with the program has personal
interest, direct or indirect, in the Agreement, except to the extent he may
receive compensation for his or her performance pursuant to this
Agreement.
CONTRACTOR, its agents, officers, employees, and sub -contractors shall
comply with all applicable Federal, State and County laws and regulations
governing conflict of interest.
9. ASSURANCES
The CONTRACTOR gives and certifies with respect to the program that it
will comply with all applicable COUNTY, state, and federal laws and
regulations including, but not limited to Federal OMB Circulars A-102, A-
110, A-122, and A-133 as they apply to the CONTRACTOR.
The CONTRACTOR further assures that:
A. Authoritv:
It possesses legal authority to execute the proposed program, that a
resolution, motion, or similar action has been fully adopted or passed, as
an official act of the CONTRACTOR'S governing body, authorizing receipt
of the funds, and directing and designating the authorized
representative(s) of the CONTRACTOR to act in connection with the
program specified and to provide such additional information as may be
required by the COUNTY.
B. Civil Riohts;
CONTRACTOR shall abide by provisions of the Title VI and VII of the
Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000e (17);
(P.L. 88-353), and applicable Federal and State laws, rules and
regulations prohibiting discrimination under any program activity or
employment for which CONTRACTOR received funding under this
Agreement. Any subcontracts awarded by CONTRACTOR shall contain
this provision.
C. Prohibited Actions:
CONTRACTOR agrees not to engage in or permit any religious
proselytizing or political propagandizing in connection with the
performance of this Agreement. The CONTRACTOR agrees to comply
with the provision of the Federal Hatch Act (5 U.S.C. Section 1501 et
seq.), as amended, and with Section 675 (e) of Subtitle B of Title VI of
Pub. L. 97-35, which limits political activity of certain State and local
employees, and with 31 U.S.C. Section 1352, and with Section 319 (a)(1)
of Title III of Pub. L 101-121 (which prohibits use of Federal funds to
influence the award of Federal contracts or grants.
D. OSHAfCAL-O SHA Coml2lianc2;
CONTRACTORshall comply with the provisions of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) and the California
Occupational Safety and Health Act (Cal.Labor Code §6300).
10. SUSPENSION AND TERMINATIONS
The CONTRACTOR agrees to suspend program operations for aperiod
not to exceed sixty (60) working days effective immediately upon written
notice of suspension from the County Project Director. This provision will
be applied if, in the judgment of the County Project Director,
circumstances exist which could result in illegal or inappropriate
expenditures of program funds. Either party may terminate this agreement
or any part hereof by giving fifteen (15) days notice to the other.
The County Department Director or his/her designee may terminate this
Agreement immediately by written notice to the CONTRACTOR upon
CONTRACTOR'S failure to comply with the provisions of this Agreement.
It is also understood and agreed, however, that should the COUNTY
determine that CONTRACTOR"S failure to perform relates to only part of
the services CONTRACTOR is performing, the COUNTY, in its sole
discretion, may elect to terminate only that part of the Agreement which
shall in no way void or invalidate the rest of this Agreement. In the event
of termination of all or part of this Agreement, COUNTY shall pay to
CONTRACTOR for all allowable budgeted costs actually incurred by
CONTRACTOR prior to the effective date of such termination less
payments paid by COUNTY for such services.
If this Agreement is terminated, CONTRACTOR shall within five (5) days
of receipt of notice of termination from COUNTY, notify all other parties
who are subcontractors of the CONTRACTOR of such termination.
Payment shall be made upon the filing with the COUNTY, _ by
CONTRACTOR, of a voucher(s) evidencing the time expended and the
cost incurred. Said vouchers must be filed with the COUNTY thirty (30)
days of date of said termination.
11. FAIR LABOR
CONTRACTOR agrees to indemnify, defend, and hold harmless the
COUNTY, its agents, officers and employees from any and all liability
including, but not limited to, wages, overtime pay liquidated damages,
penalties, court costs, and attorneys' fees arising Under any wage and
hour law violation including, but not limited to, Federal Fair Labor
Standards Act for services performed by the CONTRACTOR"S employees
for which the COUNTY may be found jointly or solely liable.
12. CITIZENSHIP
CONTRACTOR warrants that it fully complies with all laws regarding
employment of aliens and others, and that all its employees performing
services hereunder meet citizenship or alien status requirements
contained in Federal statutes and regulations. CONTRACTOR shall
indemnify, defend and hold harmless, the COUNTY, its officers and
employees from employer sanctions and any other liability which may be
assessed against the CONTRACTOR or COUNTY, or both, in connection
with any alleged violation of Federal statutes or regulations pertaining to
the eligibility for employment of persons performing services under this
agreement.
13. COUNTY LOBBYISTS
CONTRACTOR and each COUNTY lobbyist or COUNTY lobbying firm as
defined in Los Angeles County Code Section 2.160.010, retained by
CONTRACTOR, shall fully comply with the County Lobbyist Ordinance,
Los Angeles County Code chapter 2.160. Failure on the part of
CONTRACTOR or any COUNTY lobbyist or COUNTY lobbying firm
retained by CONTRACTOR to fully comply with the County Lobbyist
Ordinance shall constitute a material breach of this Agreement upon which
COUNTY may immediately terminate or suspend this Agreement.
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14. USE OF RECYCLED PAPER
Consistent with the Board of Supervisors' policy to reduce the amount of
solid waste deposited at County landfills, CONTRACTOR agrees to use
recycled -content paper to the maximum extent possible on the Project.
15. NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED
INCOME CREDIT
CONTRACTOR shall notify its employees, and shall require each
subcontractor to notify its employees, that they may be eligible for the
Federal Earned Income Credit underthe Federal income tax laws, Such
notice shall be provided in accordance with the requirements set forth in
Internal Revenue Service Notice 1015.
16. CONSIDERATION OF GAIN PROGRAM PARTICIPANTS FOR
EMPLOYMENT
Should CONTRACTOR require additional or replacement personnel after
the effective date of this Agreement, CONTRACTOR shall give
consideration for any such employment openings to participants in the
COUNTY'S Department of Public Social Services' Greater Avenues for
Independence (GAIN) Program who meet the CONTRACTOR'S minimum
qualifications for the open position. The COUNTY will refer GAIN
participants by job category to the CONTRACTOR.
17. CONTRACTOR'S ACKNOWLEDGMENT OF COUNTY'S CHILD
SUPPORT COMPLIANCE PROGRAM
As required by the COUNTY's Child Support Compliance Program
(County Code Chapter 2.200) and without limiting the CONTRACTOR's
duty under this Agreement to comply with all applicable provisions of law;
the CONTRACTOR warrants that it is now in compliance and shall during
the term of this Agreement maintain in compliance with employment and
wage reporting requirements as required by the Federal Social Security
Act (42 USC Section 653x) and California Unemployment Insurance Code
Section 1088.5, and shall implement all lawfully served Wage and
Earnings Withholding Orders or Child Support Services Department
Notices of Wage and Earnings Assignment for Child, Family or Spousal
Support, pursuant to Code of Civil Procedure Section 706.031 and Family
Code Section 5246(b).
18. CONTRACTOR'S ACKNOWLEDGMENT OF COUNTY'S
COMMITMENT TO THE SAFELY SURRENDERED BABY LAW
The CONTRACTOR shall notify and provide to its employees, and shall
require each subcontractor to notify and provide to its employees, a fact
sheet regarding the Safely Surrendered Baby Law, its implementation in
Los Angeles County, and where and how to safely surrender a baby- The
fact sheet is available on the Internet at _ww,b8hysaff la o!g; for printing
purposes.
19.__ TERMINATION FOR DEFAULT
Services performed under this Agreement( may be terminated immediately
in whole or in part by COUNTY by providing to CONTRACTOR a written
Notice of Default if 1) CONTRACTOR fails to perform the services within
the time specified in this Agreement or any extensions approved by
COUNTY, 2) CONTRACTOR fails to perform any other covenant or
conditions of this Agreement, or 3) CONTRACTOR fails to make progress
so as to endanger its performance under this Agreement.
In its sole discretion, COUNTY may include in the Notice of Default a
period of time for CONTRACTOR to cure the Default(s).
Without limitation of any additional rights or remedies to which it may be
entitled, if COUNTY terminates all or part of the services because of
CONTRACTOR'S Default, COUNTY, in its sole discretion, may procure
replacement services, as determined by COUNTY at its sole discretion.
20. TERMINATION FOR IMPROPER CONSIDERATION
County may, by written notice to CONTRACTOR, immediately terminate
the right of CONTRACTOR to proceed under this Agreement if it is found
that consideration, in any form, was offered or given by CONTRACTOR,
either directly or through an intermediary, to any County officer, employee'
or agent with the intent of securing the Agreement or securing favorable
treatment with respect to the award, amendment or extension of the
Agreement or the making of any determinations with respect to the
CONTRACTOR's performance pursuant to the Agreement. In the event of
such termination, COUNTY shall be entitled to pursue the same remedies
against CONTRACTOR as it could pursue in the event of default by the
CONTRACTOR. CONTRACTOR shall immediately report any attempt by
a County officer or employee to solicit such improper consideration. The
report shall be made either to the County manager charged with the
SOCIAL PROGRAM AGREEMENT
TERMS AND CONDITIONS
supervision of the employee or to the County Auditor -Controller's
Employee Fraud Hotline at (800) 544-6861. Among other items, such
improper consideration may take the form of cash, discounts, service, the
provision of travel or entertainment, or tangible gifts.
21. FINAL REPORT
CONT-RACTOk-shall complete and submit a report to the Executive Office
of the County of Los Angeles Board of Supervisors ("Final Report") under
penalty of perjury to identify the goals, objectives and specific activities
stated in the Agreement, and to certify that the contract satisfied the social
needs of the County. Further, the Final Report shall identify the actual
expenses incurred and state the amount unused in order to be returned to
the COUNTY. CONTRACTOR shall provide receipts and/or a budget to
specify how funds were expended.
22. NOTICES
Notices Wit be sent to the CONTRACTOR addressed as follows:
City of Downey
11111 Brookshire Ave.
Downey, CA 90241
Pamela Passow, Director of Parks and Recreation (562) 904-7238
(Contact Person) (Telephone Number)
City of Downey
(Contractor's Name)
Notices, performance and fiscal reports shall be sent to the COUNTY as
follows:
Board of Supervisors
County of Los Angeles
500 W. Temple Street, Room 383
Los Angeles, CA 90012
Attention: SUSANNA PONCIANOflaSCAL SERVICES
May 7, 2018
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