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HomeMy WebLinkAbout10/19/2004, C5 - SUB-RECIPIENT AGREEMENT WITH THE ECONOMIC VITALITY CORPORATION OF SAN LUIS OBISPO COUNTY FOR COMMUN councilMw6g°� j, acenaa uepont CITY O F SAN LUIS OBISPO FROM: Wendy George,Assistant City Administrative Officel Prepared By: Shelly Stanwyck,Economic Development Manager" v � SUBJECT: SUB-RECIPIENT AGREEMENT WITH THE ECONOMIC VITALITY CORPORATION OF SAN LUIS OBISPO COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR ITS REVOLVING LOAN FUND PROGRAM CAO RECOMMENDATION Approve a Sub-Recipient Agreement with the Economic Vitality Corporation of San Luis Obispo County for CDBG Funds for its Revolving Loan Fund Program. DISCUSSION Background Since 1997, the Economic Vitality Corporation of San Luis Obispo County (EVC) has received CDBG funding from the City for its Revolving Loan Fund (RLF) Program. The intent of the program is to provide local businesses the opportunity to qualify for low interest loans when they might not otherwise qualify for such assistance in the private sector. The funds are specifically used to create private sector jobs, provide services or goods for low and moderate income persons, and to diversify and strengthen the economic base of our community. Since 2000, the EVC has not requested additional CDBG funds. At that time it felt that the City's cumulative allocation became sufficient to meet the past, present, and future demands for the RLF for San Luis Obispo businesses. The program has been moderately successful over the years. For 2003-04 two loans were made: Two Dogs Coffee for $24,500 and Dogfathers Hot Dogs for$10,200. Time to Renew Sub-Recipient Agreement and Coordinate Subsequent Renewals on an Annual Basis Upon review of a proposed Billing change (to account for overhead as part of their hourly billing rate) by the EVC, staff determined that a review of their CDBG Agreement was appropriate. Since entering into the original agreement, costs of providing service for the EVC had increased and City staff desired modifications to reporting methods and billing practices. Finally, when originally entered into, the Agreement did not provide for annual renewal, a practice required by the City for CDBG contracts. The proposed agreement requires an annual renewal that coincides with the Citywide CDBG funding cycle. Comprehensive Program Review in 2005 Staff recognizes that the performance of the RLF Program has not been at the level originally hoped for when it was first established. Rather than make substantial changes to the current allocations, we suggest deferring a comprehensive review of the RLF Program to when the entire l� � EVC CDBG Contract Page 2 CDBG Program is before Council in mid-year 2005. At that time, Council can provide direction regarding the RLF Program allocations within the overall context of CDBG funding and programming. Proposed Contract The proposed contract, Attachment 1, is very similar to the prior contract, and term highlights include: 1. One year term,renewable annually upon action by the City Council. 2. The required creation of one full time permanent job for every$25,000 loaned. 3. Required input from the City's Economic Development Manager before loans are made. 4. Quarterly reports to both the Economic Development Manager and Housing Programs Manager. 5. Marketing the program to City of San Luis Obispo businesses. 6. Screening applications and preparation of necessary documents. 7. Monitoring assisted activities by the EVC. 8. A goal of two to five loans per year in the City of San Luis Obispo. FISCAL IMPACT No new funds are requested. The program was first funded in 1997. Allocation of CDBG funds were made to the EVC for the RLF Program in the corresponding years as follows: CDBG .-. 1997-1998 1 $150,000 1998-1999 $100,000 1999-2000 $60,000 For managing the City's Revolving Loan Fund as specified in the Agreement, the City will pay to the EVC compensation at the rate of $150 for hours billed. The total sum for services may not exceed the defined 20% for administrative fees associated with CDBG revolving fund allocations. ALTERNATIVES 1. Not Enter Into the Agreement. Council could determine that it wants to discontinue the program. This is not recommended at this time. However, we should reevaluate the effectiveness of the program in the larger context of 2005 CDBG needs, as discussed earlier. 2. Modify the Terms of the Proposed Agreement. The Agreement as presented by Council has been carefully negotiated by staff and significant substantive changes would require renegotiation. However, as is the case with all agreements, there may be minor modifications Council seeks to incorporate into the finally adopted agreement. ATTACHMENTS 1. Sub-Recipient Agreement with the EVC for CDBG Funds for a RLF Program ATTACHMENT I SUB-RECIPIENT AGREEMENT WITH THE ECONOMIC VITALITY CORPORATION FOR CDBG FUNDS FOR A REVOLVING LOAN FUND PROGRAM THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of ,2004,by and between the CITY OF SAN LUIS OBISPO,a charter city, incorporated in the State of California,hereinafter referred to as City,and the Economic Vitality Corporation of San Luis Obispo County,anon-profit corporation,hereinafter referred to as EVC;jointly referred to as Parties. WITNESSETH: WHEREAS,the incorporated cities of San Luis Obispo County have agreed to participate and support the establishment of a regional economic development effort;and WHEREAS,the City desires to diversify and expand its industrial,retail,commercial,recreational,and general business services economic base;and WHEREAS,the EVC is charged with the mission"to stimulate the economic vitality of San Luis Obispo County,generate jobs and increase financial investment within the County by promoting the retention,expansion,and attraction of business and industry to the area";and WHEREAS,the EVC is organized for such economic development activities on behalf of the City and is in a position to accomplish such goals and purposes of the City in an efficient and economical manner;and WHEREAS,the Government Code of the State of California authorizes the expenditure of public funds by a municipal corporation for economic development activities as therein provided;and WHEREAS,the City,has entered into grant agreements with the Federal Department of Housing and Urban Development,hereinafter called"HUD",to implement the Housing and Community Development Act of 1974,herein called the"Act."Said Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities under the Community Development Block Grant(CDBG)Program;and WHEREAS,the EVC has been incorporated as a private,non-profit corporate entity under the Nonprofit Corporation Law of the State of California and pursuant to section 501(c)of the Federal Internal Revenue Code to conduct economic development activities in the County of San Luis Obispo,specifically including but not limited to the following: A. To develop and manage coordinated,Revolving Loan Fund Program to expand,retain and attract desirable firms to provide financing,employee recruitment and training,technical and management assistance; B. To develop job,employment,training and business opportunities for residents of San Luis Obispo City and County,especially for targeted low and moderate income residents through the attraction, retention and expansion of private sector firms; K-3 EVC CDBG Revolving Loan Fund 2004 P. 1 ATTACHMENT 1 C. To plan and manage economic development implementation activities,programs and projects which would attract and create new firms,and retain and expand existing businesses,including but not limited to those owned by targeted low and moderate income residents of San Luis Obispo County; and WHEREAS,the City and HUD have allocated CDBG funds for Revolving Loan purposes in the approximate amounts and corresponding years as follows: 1997-98,$150,000; 1998-99,$100,000; 1999-2000,$60,000;and WHEREAS,the Parties' participation in the programs funded by the Act is pursuant to all activities described herein,and in compliance with all applicable federal laws,regulations and executive orders;and WHEREAS,according to federal regulations 24 CFR. part 570.503,before disbursing any CDBG funds to a "Sub-recipient,"a written agreement shall be signed by the"Recipient"and"Sub-recipient";and WHEREAS,this Agreement shall remain in effect throughout the implementation of projects specified in the 2004 Consolidated Plan and any amendments thereto. NOW,THEREFORE,in consideration of their mutual promises,obligations,and covenants hereinafter contained,and pursuant to the provisions of Title 24,Chapter V of the Code of Federal Regulations,the Parties agree as follows: 1.TERM.The term of this Agreement shall become effective on the date of execution hereof by both parties, shall continue in effect until June 30,2005,provided,however,that this.Agreement may be renewed each year hereafter,for periods of one year,by action of the City Council and EVC's acceptance of said renewal. 2.CITY'S OBLIGATIONS.For managing the City's Revolving Loan Fund as specified in this Agreement, City will pay and EVC shall receive compensation in a total sum not to exceed the defined 20%for administrative fees associated with the allocations of CDBG revolving funds. The hourly rate for services shall be$150.00. 3.EVC's OBLIGATIONS.For and in consideration of the payments and agreements herein before mentioned to be made and performed by City,EVC agrees with City to manage the City's Revolving Loan Fund Program as follows: a. Retain or create at least one(1)full-time permanent position for every$25,000 loaned. b. Request input from Economic Development Manger prior to making a loan. c. Provide written quarterly reports to the Economic Development Manager and the Housing Programs Manager. d. Market to City of San Luis Obispo businesses the Revolving Loan Fund Program. e. Screen loan applicants,review and underwrite applications for assistance;prepare any necessary agreements. c ^ � EVC CDBG Revolving Loan Fund 2004 p.2 f. Monitor assisted activities;provide(or arrange for provision of)services involved in screening, referring,placement and training for persons filling employment opportunities generated by the CDBG economic development assistance. g. Conduct lending program in accordance with 24 CFR 50.201 (ii)(o)and have the goal of facilitating two(2)to five(5)loans in the City of San Luis Obispo per CDBG Program Year. 4.INSURANCE.EVC shall procure and maintain for the duration of the contract insurance which meets the requirement of Exhibit A.As evidence of this insurance,EVC shall provide the City with a Certificate of Insurance and an Endorsement naming the City as"Additional Insured". 5.AMENDMENTS. Any amendment,modification,or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council or the City Administrative Officer of the City. 6.FEDERAL REGULATIONS.All references in the Agreement to"federal regulations"refer to numbered sections of Title 24,Chapter V,of the Code of Federal Regulations,April 1, 1994 edition,unless otherwise indicated. 7.STATEMENT OF WORK.The statement of work required is Exhibit B and it shall provide sufficient detail to give a sound basis for the City to effectively monitor performance of all activities being implemented under this Agreement.Exhibit B addresses the eligible use of CDBG funds according to federal regulation outlined in 24 CFR Sections 570.201 through 570.203.Exhibit B includes a description of the activities,related tasks,target completion dates and a budget.EVC may request modification of the.tasks,schedules or budgets in writing to the City.The City shall review each request to modify tasks;schedule or budget on a case-by-case basis and will respond to the EVC within 14 days of the request.The EVC may make budget revisions within the budgeted amounts shown in Exhibit B without prior approval of the City,provided that any increases or decreases in the total amounts of CDBG funds shown in Exhibit B shall remain subject to approval by City. 8.RECORDS.According to federal regulation 570.503 (b)(2),records that the EVC must maintain,and the reports that must be submitted to assist the City in meeting its record keeping and reporting requirements,shall be specified in this Agreement.To effectively monitor projects for compliance with CDBG regulations,all records must be available for review,or may be required for submittal to the City.All records required by section 570.506 of federal regulations shall be maintained by the EVC and shall be,on the request of the City,.submitted to the City. 9. REPORTS. All reports required by federal regulations 570.502 and 570:507 shall be prepared and maintained by the EVC.The following reports shall be maintained by the EVC to the City: A. The EVC shall submit an annual performance and evaluation report no later than 30 days after the completion of the most recent program year showing the status of all activities as of the end of the program year. B. Quarterly reports shall be submitted by the EVC to the City on,or before, the 15th day following the cl� EVC CDBG Revolving Loan Fund 2004 p.3 -�� ATTACHMENT 1 B. Quarterly reports shall be submitted by the EVC to the City on,or before,the 15th day following the quarter end. The quarterly report shall include a complete description of the approved activities completed,including loan to job ratio,any problems encountered and corrective actions taken. C. The EVC agrees to provide access by City to its accounting records and documents and to provide non-financial assistance needed by City in the performance of its monitoring function. D. The EVC will contract with an independent certified public accountant to conduct a financial audit of their whole organization each year. The EVC will support the County of San Luis Obispo's annual review of the projects funded by CDBG Funds in accordance with the County's standards. E. Copies of any audited financial reports and the single audit report will be provided to the City. F. The EVC will require each of its non-profit contractors that receive at least$25,000 of CDBG funds to procure audits of their financial records in accordance with OMB Circular No.A-133. G. Other reports and information may be required as determined necessary by HUD to carry out its responsibilities under the Act or other applicable laws.The EVC agrees to provide any HUD required reports. 10. PAYMENTS. The EVC may request payments on an "as-committed" loan basis and administrative expenses incurred. The form required by HUD for cash disbursements shall be used by the EVC to request payment from the City. The City shall review payment claims for compliance with the statements of work and other provisions of this Agreement. All payments of claims are subject to the availability of funds to the City from HUD. 11. PROGRAM INCOME-SECTION 570504(c). A. The EVC shall notify the City on a quarterly basis of any income generated by the expenditure of CDBG funds and received by the EVC. Such income may be retained by the EVC subject to the provisions of this Agreement, the Act, and its regulations. Any program income retained by EVC shall be used only for eligible activities in accordance with all CDBG requirements. B. EVC shall assist City in monitoring the use of program income and reporting the use of such income to HUD. In the event of grant close-out as defined in section 570.509 of the federal regulations or change of status of EVC, all program income on hand or received by the EVC subsequent to the close-out or change of status shall be paid to the City. 12. OTHER ADMINISTRATIVE REQUIREMENTS. The EVC shall comply with the requirements and standards of MOB Circular No. A-122, "Cost Principals for Non-profit Organizations," applicable provisions of MOB Circular No. A-133, "Audits of Institutions of Higher Education and Other Non-profit Institutions" (as set forth in 24 CFR.,part 45),and applicable provisions of MOB Circular No. A-I 10(as set forth in 24 CFR.part 84). 13. OTHER PROGRAM REQUIREMENTS. The EVC shall carry out each activity in compliance with all federal laws and regulations described in subpart K of the federal regulations, except that the EVC does not assume the City's environmental clearances described in federal regulations section 570.604; and EVC does not assume City's responsibility for initiating the review process under the provisions of 24 CFR. part 52 per federal regulation C�r V EVC CDBG Revolving Loan Fund 2004 p.4 - - ATTACHMENT I 570.503(5)(ii). The EVC is responsible for spending all funds in compliance with all applicable regulations, laws and executive orders, and warrants it will do so. In the event that the EVC violates any such regulations, laws and/or executive orders, and such violation(s) result in the City incurring expenses and/or making payments to HUD attributable to some or all of the funds received by EVC,then the EVC shall pay City,on the demand of City,all of the said expenses incurred by City and all of the payment made by City as a result of EVC's said violation(s). 14. SUSPENSION AND TERMINATION. If City determines that EVC has incurred obligations or made expenditures for purposes which are not permitted or are prohibited under the terms and provisions of this Agreement, or if City determines that EVC has failed to fulfill its obligations under this Agreement in a timely and professional manner,or if EVC is in violation of any of the terms or provisions of this Agreement,or if City is given notice by HUD that HUD is terminating its Grant Agreement with the City, or if EVC should be adjudged to be bankrupt, or if EVC makes a general assignment for the benefit of the EVC's creditors, or if a receiver should be appointed in the event of EVC's insolvency, then City may elect to suspend or terminate this Agreement with EVC. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to effective date of such termination. If City's termination of EVC for cause is defective for any reason,including but not limited to City's reliance on erroneous facts concerning EVC's performance, or any defect in the notice thereof, City's maximum liability shall not exceed the amount payable to EVC under Attachment B of this Agreement. 15. REVERSION OF ASSETS-SECTION 570.503. All transfers of assets are subject to the provisions of this Agreement. Upon termination or expiration of this Agreement,the EVC shall transfer to the City any CDBG funds on hand at the time of such termination or expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under EVC's control that was acquired or improved in whole or in part with CDBG funds in excess of$25,000(whether in the form of a grant or loan)must be used to meet one of the national objectives in federal regulations section 570.208 until five years after the expiration or termination of this Agreement. If EVC chooses not to use the real property to meet one of the national objectives for five years, then EVC shall pay City upon expiration or termination or this Agreement an amount equal to the current market value of the real property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of,or improvement to,the property. 16. INDEMNIFICATION.EVC shall defend,indemnify and save harmless the City,its officers,agents and employees, from any and all claims, demands, damages, costs, expenses, judgments or liability arising out of this Agreement or attempted performance of the provisions hereof, including but not limited to those predicated upon theories of violation of statute,ordinance,or regulation, professional malpractice,negligence,or recklessness including negligent or reckless operation of motor vehicles or other equipment, furnishing of defective or dangerous products or completed operations,premises liability arising from trespass or inverse condemnation, violation of civil rights and also including any adverse determination made by the Internal Revenue Service or the State Franchise Tax Board with respect to EVC's"independent contractor" status that would establish a liability for failure to make social security and income tax withholding payments, failure to comply with workers' compensation laws, or any act or omission to act, whether or not it be willful, intentional or actively or passively negligent on the part of EVC or its agents,employees or other independent consultants directly responsible to EVC, providing further that the foregoing shall apply to any EVC CDBG Revolving Loan Fund 2004 p.5 ATTACHMENT rt wrongful acts or any active or passively negligent acts or omissions to act,committed jointly or concurrently by EVC or EVC's agents, employees or other independent contractors and the City, its agents, employees or other independent contractors. Nothing contained in the foregoing indemnity provision shall be construed to require indemnification from claims,demand,damages,costs,expenses or judgments resulting solely from the conduct of the City.. 17. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, EVC agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, and specifically agrees to comply with the provisions of Section 202 of Presidential Executive Order No. 11246. 18. ENTIRE AGREEMENT AND MODIFICATION. This Agreement sets forth the full and entire understanding of the Parties regarding the matter set forth herein, and any other prior or existing understandings or agreements by the Parties, whether formal or informal, regarding any matters are hereby superseded or terminated in their entirety. No changes, amendments, or alterations shall be effective unless in writing and signed by all parties hereto. EVC specifically acknowledges that in entering into and executing this Agreement,EVC relies solely upon the provisions contained in this Agreement and no others. 19. FUNDING FOR ADDITIONAL SERVICES. Funding of any programs, projects, or services beyond the term of this Agreement, by any new agreement or amendment or extension of this Agreement, have not been authorized and will depend upon Recipient's determination of satisfactory performance of this Agreement by EVC and upon the availability to City of additional grant funds allocated for such purposes. Neither City nor any employee of City has made any promise or commitment,express or implied that any additional funds will be paid or made available to EVC for the purpose of this Agreement over and above the funds expressly allocated under the terms of this Agreement. 20. CONTRACTORS AND SUBCONTRACTORS.EVC agrees to,and shall require its subcontractors to agree to: A. Perform the work in accordance with federal,state and local housing and building codes as applicable. B. Comply with the labor standards described in 24 CFR.570.603 and with the provisions of the California Labor Code,as applicable. C. Comply with the applicable equal opportunity requirements described in 24 CFR.570.607. D. Maintain at least the minimum state-required workers' compensation insurance for those employees who will-perform the work or any part of it. E. Maintain,if so required by law,unemployment insurance,disability insurance and liability insurance in an amount to be determined by the State which is reasonable to compensate any person,firm,or corporation who may be injured or damaged by EVC or any subcontractor in performing the work or any part of it. o; EVC CDBG Revolving Loan Fund 2004 p.6 ATTACHMENT 1 21. COMPLIANCE WITH COUNTY AND STATE LAWS AND REGULATIONS.EVC agrees to comply with all County and State laws and regulations that pertain to construction,health and safety,labor,fair employment practices,equal opportunity and all other matters applicable to EVC,its subcontractors,and the work. 22. NO ASSIGNMENT WITHOUT CONSENT.Inasmuch as this Agreement is intended to secure the specialized services of EVC,EVC shall not have the right to assign or transfer this Agreement,or any part hereof or monies payable hereunder, without the prior written consent of City,and any such assignment or transfer without the City's prior written consent shall be considered null and void. 23. LAW GOVERNING AND VENUE.This Agreement has been executed and delivered in the State of California,and the validity,enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California.All duties and obligations of the Parties created hereunder are performable in San Luis Obispo County,and such County shall be the venue for any action,or proceeding that may be brought,or arise out of, in connection with or by reason of the Agreement. 24. ENFORCEABILITY. In any term,covenant,condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable;the remainder of the provisions hereof shall remain in hill force and effect and shall in no way be affected,impaired or invalidated thereby. 25. BINDING ON SUCCESSORS IN INTEREST. All provisions of this Agreement shall be binding on the parties and their heirs,assigns and successors in interest. 26. EFFECT OF WAIVER.City's waiver or breach of anyone term,covenant or other provision of this Agreement shall net be a waiver of a subsequent breach of the same term,covenant or provision of this Agreement or of the breach of any other term,covenant or provision of this Agreement. 27. PATENTS AND ROYALTIES. A. EVC shall provide and pay for all licenses and royalties necessary for the legal use and operation of any of the equipment or specialties used in the projects funded with this Agreement. Certificates showing the payment of any such licenses or royalties, and permits for the use of any patented or copyrighted devices shall be secured and paid for by the EVC and delivered to the City upon completion of the projects funded by this Agreement,if required. B. EVC shall assume all costs arising from the use of patented materials, equipment, devices, or processes used in or incorporated in the Project and agrees to indemnify and hold harmless the City and its duly authorized representatives, from all suits of law, or actions of every nature for or on account of the use of any patented materials,equipment,devices,or processes. 28. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated (�l C� r EVC CDBG Revolving Loan Fund 2004 p.7 C ATTACHMENT � herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect,nor shall any such oral agreement,understanding,or representation be binding upon the parties hereto. 29. NOTICE.All written notices to the parties hereto shall be sent by United States mail,postage prepaid by registered or certified mail addressed as follows: City Wendy George,Assistant City Manager City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Contractor Ray Johnson,President/CEO Economic Vitality Corp.of San Luis Obispo County P.O.Box 5257 San Luis Obispo,CA 93406 Any changes in address shall be provided in writing to the other Party. 30. AUTHORITY TO EXECUTE AGREEMENT. Both City and EVC covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By: City Clerk Mayor,David F.Romero APPROVED AS TO FORM: ECONOMIC VITALITY CORPORATION By: City Corney,Jonathan Lowell EVC Chairman of the Board,Ray Johnson oS ' [O EVC CDBG Revolving Loan Fund 2004 P.8 i EXHIBIT A INSURANCE REQUIREMENTS: Consultant Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor,its agents,representatives,employees,or subcontractors. Minimum Scope of Insurance.Coverage shall beat least as broad as: 1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability,code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance.Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage.If Commercial General Liability or other form with a general aggregate limit is used,either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability:$1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability:$1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability:$1,000,000 per occurrence. Deductibles and Self-Insured Retentions.Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City,its officers,officials,employees and volunteers;or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. Other Insurance Provisions.The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: 1. The City,its officers,officials,employees,agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor;products and completed operations of the Contractor;premises owned,occupied or used by the Contractor;or automobiles owned, leased,hired or borrowed by the Contractor.The coverage shall contain no special limitations on the scope of protection afforded to the City,its officers,official,employees,agents or volunteers. 2. For any claims related to this project,the Contractor's insurance coverage shall be primary insurance as respects the City,its officers,officials,employees,agents and volunteers.Any insurance or self-insurance maintained by the City,its officers,officials,employees,agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City,its officers,officials,employees,agents or volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer' s liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided,canceled by either party,reduced in coverage or in limits except after thirty(30)days'prior written notice by certified mail,return receipt requested,has been given to the City. 6. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision(b)of Section 2782 of the Civil Code. Acceptability of Insurers.Insurance is to be placed with insurers with a current.A.M.Best's rating of no less than A:VII. Verification of Coverage.Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage.Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided.The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. c�� < < EVC CDBG Revolving Loan Fund 2004 P.9 EXHIBIT B EVC STATEMENT OF WORK CDBG SUB RECIPIENT Contract Amount: $310,000 Administration Amount: Not to exceed 20%of the Contract Amount Descrintion of Work: EVC Revolving Loan Fund The EVC will act as a sub recipient of$150,000 of the 1997-98 program year,$100,000 of the 1998-99 program year, and$60,000 of the 1999-2000 program year CDBG funds from the City and will implement the Revolving loan Fund (RLF)through EVC staff.Of these funds,20%may be used for administration.The work will include financial and other forms of assistance to micro-enterprises and other eligible businesses pursuant to applicable CDBG regulations. The EVC will enter into agreements with the assisted businesses to document that the CDBG-funded assistance will result in the retention or creation of one full-time job from an eligible low or moderate income resident of the City of San Luis Obispo for each$25,000 in CDBG funds utilized in this business assistance program.The EVC will also assist the City by providing adequate information for the City to meet its environmental review responsibilities under 24 DVR 58 et seq.Repayments of loans of CDBG funds will be made directly to the EVC and be deposited into the RLF city pool,consistent with CDBG regulations.Other tasks involved in the Revolving Loan Fund include: 1. Retain or create at least one(1)full-time permanent position for every$25,000 loaned. 2. Request input from Economic Development Manager prior to making a loan. 3. Provide written quarterly reports to the Economic Development Manager and Housing Programs Manager. 4. Market to City of San Luis Obispo businesses the Revolving Loan Fund Program. 5. Screen applicants,review and underwrite applicationsfor assistance;prepare any necessary agreements. 6. Monitor assisted activities;provide(or arrange for provision of)services involved in screening,referring, placement and training for persons filling employment opportunities generated by the CDBG economic development assistance. 7. Conduct micro-lending program in accordance with 24 CFR 570.201 (ii)(o)and have the goal of facilitators two(2)to five(5)micro loans in the City of San Luis Obispo per CDBG Program year. Cir fa EVC CDBG Revolving loan Fund 2004 P.10