City of Culver City, California
City Council Agenda Item Report
C12-1
RECOMMENDATION
Staff recommends the City Council approve a Social Program Agreement with the
County of Los Angeles in the amount of $10,000 as a contribution towards an
emergency services mailer to be distributed to all postal customers in Culver City as
part of this year’s Emergency Preparedness Drill.
Approval of a Budget Amendment requires a 4/5ths Vote.
BACKGROUND
Last year, the Culver City Fire Department, in cooperation with the Culver City Police
Department, held a city-wide emergency preparedness event in December. The
purpose of the event was to prepare the community for an emergency. Last year’s
event was well received and many individual and neighborhood groups throughout
Culver City participated in the event.
DISCUSSION
Because of the success of last year’s event, the Fire Department is preparing for this event
again in Fiscal Year 2006/2007. Each year, it is hoped that the event would provide
additional focus on a specific area of preparedness. This year, it was proposed to prepare a
multi-page mailer with various emergency instructions and contact numbers. This would be
a single source for residents to prepare for an emergency and, during times of emergency,
provide basic tips to help residents during the time between when an emergency event
occurs and help can arrive.
Meeting Date: 10/23/06 Item Number: C-12
AGENDA ITEM: Approval of a Social Program Agreement with the County of Los
Angeles for a Contribution of $10,000 toward an Emergency Services Mailer and
Approval of a Related Budget Amendment.
Contact Person/Dept.: Martin R. Cole Phone Number: 310-253-6000
Fiscal Impact: Yes [x] No [] General Fund: Yes [x] No []
Public Hearing: [] Action Item: [] Attachments: [x]
Public Notification: Master Notification List (10/20/2006)
Department Approval:
Martin R. Cole (10/20/2006)
City Manager Approval:
Martin R. Cole (10/20/2006)
City Controller Approval:
Mary V. Noller (10/20/2006)City of Culver City, California
City Council Agenda Item Report
C12-2
As part of preparing the mailer, the County of Los Angeles offered to provide up to $10,000
in support of this effort through the office of Supervisor Yvonne Burke. Supervisor Burke
has graciously provided the attached Social Program Agreement for consideration by the
City in anticipation of providing the funding.
This funding would be used to significantly offset production and mailing costs for
this flyer. There are sufficient funds budgeted in the Adopted Fiscal Year 2006/2007
Budget to absorb the remaining costs.
FISCAL ANALYSIS
This action would require a budget amendment to account for this unanticipated revenue.
Additionally, it is proposed to appropriate this revenue for expenditure for the mailer. It is
therefore recommended the City Council approve a budget amendment for the following:
1. Increase revenue by $10,000 in account number 10145400.386100 (Emergency
Preparedness – Miscellaneous Revenue)
2. Increase appropriations by $10,000 in account number 10145400.512200
(Emergency Preparedness – Printing and Binding)
ATTACHMENTS
1. Social Program Agreement
MOTION
That the City Council:
1. Approve the Social Program Agreement with the County of Los Angeles;
2. Authorize the City Attorney to prepare/review the required documents and
authorize the City Manager to execute the documents on behalf of the City;
and,
3. Approve a Budget Amendment by increasing revenue by $10,000 in account
number 10145400.386100 (Emergency Preparedness – Miscellaneous
Revenue) and appropriating $10,000 in account number 10145400.512200
(Emergency Preparedness – Printing and Binding)
Approval of a Budget Amendment requires a 4/5ths Vote.
MEETING DATE: October 23, 2006
AGENDA ITEM : Approval of a Social Program Agreement with the County of
Los Angeles for a Contribution of $10,000 toward an Emergency Services
Mailer and Approval of a Related Budget Amendment.
ATTACHMENTS
Pages|109| Social Program Agreement 1-3By By
APPROVED AS TO FORM:
RAYMOND G. FORTNER, JR.
County Couns I
DONOVAN M. MAIN SACHI A HAMA!
Chief Deputy, County Counsel Executive Officer, Board of Supervisors
SOCIAL PROGRAM AGREEMENT
Contract No. 02-17
Fiscal Year 2006-07
Name of Organization:
City of Culver City
Address: 9770 Culver Blvd.
Culver City, Ca 90232
Project Director:
Mr. Gary Silbiger, Mayor
Telephone No.:
(310) 253-6000
Status of Organization:
Profit [ ] Non Profit Doc]
Name, Location, Description of Program:
The Culver City mission is to provide the highest levels of service to enrich the quality of life for the community by
building on the tradition of more than 75 years of public service, with commitment and dedication to meet the
challenges of the future.
Proposed Social Need to be Satisfied:
Funds will be used to support the Culver City Fire Department Family Disaster Plan brochure program to improve
awareness in emergency preparedness to residents in the Culver City area.
Contract Period:
Fiscal Year 2006-2007
Grant Amount:
$10,000
2) Non-Personnel Costs:
$10,000
Total Proposed Expenditures:
1) Personnel Costs: 0
County Department: Board of Supervisors, Second District
County Contact Person:
Chuck Bookhammer Telephone No: (213) 974-2222
I verify that:
• I have the power to execute this contract.
• I have read the attached Terms and Conditions and agree thereto.
• Financial and program records will be maintained for 3 years.
• A report on the results of this project and the expenditures will be made within 60 days of the
termination of this Agreement.
• These funds will be used for the program specified above and any unused funds will be returned at the
end of the contract period.
Contractor Signature
Title Date
COUNTY OF LOS ANGELES
Pursuant to Government Code Sections 23005, and 26227, and an adopted Resolution by the Board of Supervisors:
By By
DAVID E. JANSSEN J. TYLER MCCAULEY
Chief Administrative Officer Auditor-ControllerTERMS AND CONDITIONS
1. COMPENSATION
The COUNTY shall compensate the CONTRACTOR payable upon
presentation of an invoice.
2. INDEPENDENT CONTRACTOR
The CONTRACTOR 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 CONTRACTORS indemnification of COUNTY, the
CONTRACTOR shall provide and maintain at its own expense during the
term of this agreement the following program(s) of insurance covering its
operations hereunder. 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. Such
evidence shall specifically identify this Agreement and shall contain
express conditions that COUNTY is to be given written notice at least thirty
(30) days in advance of any modification or termination of any program of
insurance. All such insurance, except for Workers' Compensation, shall
be primary to and not contributing with any other insurance maintained by
County and shall name the County of Los Angeles as an additional
insured.
A. General Liability:
A program including, but not limited to, endorsed for contractual liability
and independent contractor coverage, and comprehensive auto liability,
with a combined single limit of not less than $500,000 per occurrence.
B. Workers' Compensation:
A program of 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.
C. Crime Insurance:
A comprehensive blanket crime insurance policy with each insuring
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.
D. Property Coverage:
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 insure such property in the
manner and amounts specified below:
(1) Real Property: For full insurable replacement value
against the hazards of fire, extended coverage, vandalism
and malicious mischief, and other property related losses,
including flood and earthquake damages, with a 10
percent deductible.
(2) Personal Property: For the actual cash value against the
hazards of fire, theft, burglary, vandalism and malicious
mischief.
Such insurance shall be primary to and not contributing with any other
insurance maintained by COUNTY and shall name the County of Los
Angeles as an additional insured.
7. RECORDS RETENTION AND INSPECTION
Within ten (10) days of County Department Director's or his/her designee'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 Federal OMB Circulars A-102, A-110, A-112, A-128, and
A-133 as they apply to the CONTRACTOR.
The CONTRACTOR further assures that:
A. Authority:
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 Rights:
CONTRACTOR shall abide by the 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 and with Section 675e of
Subtitle B of Title VI of Public Law 97-35, as amended, which limits
political activity of employees, and with Public Law 101-121 (31 U.S.C.
Section 1352) which prohibits use of Federal funds to influence the award
of Federal contracts or grants.
D. OSHA/CAL-OSHA Compliance:
CONTRACTOR shall comply with the provisions of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 661 et seq.) and the California
Occupational Safety and Health Act (Chapter 993 of the 1973 Statutes of
California).
1 of 210. SUSPENSION AND TERMINATIONS
The CONTRACTOR agrees to suspend program operations for a period
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 judgement 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
CONTRACTORS 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.
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 under the 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 afferthe 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
COMMITMENT TO CHILD SUPPORT ENFORCEMENT
CONTRACTOR acknowledges that COUNTY places a high priority on the
enforcement of child support laws and the apprehension of child support
evaders. CONTRACTOR understands that ft is COUNTY'S policy to
encourage all COUNTY contractors to voluntarily post COUNTY'S 'L.A.'s
Most Wanted: Delinquent Parents" poster in a prominent position at
CONTRACTOR'S place of business. COUNTY'S District Attorney will
supply CONTRACTOR with the poster to be used.
18. 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 111) 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.
19. 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
supervision of the employee or to the County Auditor-Controllers
Employee Fraud Hotline at (213) 974-0914 or (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.
20. NOTICES
Notices will be sent to the CONTRACTOR addressed as follows:
Mr. Gary Silbiger, Mayor (310) 253-6000
(Contact Person) (Telephone Number)
City of Culver City
(Contractor's Name)
Notices, performance and fiscal reports shall be sent to the COUNTY as
follows:
Board of Supervisors
County of Los Angeles
500W. Temple Street, Room 383
Los Angeles, CA 90012
Attention: RAMON RODARTE, FISCAL SERVICES
October 3, 2006 [DOCUMENT2]
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