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HomeMy WebLinkAbout06071 - MIZELL SENIOR CENTER OF PALM SPRINGS CDBG SUBRECIPIENT AGR SUBRECIPIENT AGREEMENT THIS AGREEMENT (herein"Agreement"), is made and entered into this r day of August , 2011, by and between the CITY OF PALM SPRINGS, (herein "City), a municipal corporation and charter city, and the Mizell Senior Center of Palm Springs , (herein "Provider'). WHEREAS, the City has entered into various funding agreements with the United States Department of Housing and Urban Development ("HUD"), which agreements provide funds ("CDBG Funds") to the City under the Federal Housing and Community Development Act of 1974 (42 U.S.C. Section 5301 at seq.), as amended from time to time (the "Act"), and the regulations promulgated thereunder(24 C.F.R. Section 570 et seq. ("Regulations"); and WHEREAS, the Act provides that the City may grant the CDBG Funds to nonprofit organizations for certain purposes allowed under the Act, and WHEREAS, the Provider is a nonprofit organization which operates a program which is eligible for a grant of CDBG funds and the City desires to assist in the operation of the program by granting CDBG Funds to the Provider to pay for all or a portion of those costs incurred in operating the program permitted by the Act and the Regulations on terms and conditions more particularly set forth herein, NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF PROVIDER. 1.1 Scope of Services. Provider agrees to provide to City all of the services specified and detailed in its application for funding and Exhibit A, and to conduct all programs specified therein in a manner to reflect credit upon the City and Provider. Provider represents and warrants to City that it is able to provide, and will use funds granted by the City to provide the services represented in the Provider's application for funding. City provided funds shall be used only for those purposes specified in such application. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Reports. No later than ten (10) days prior to any payment date specified in Section 2.2, within ten (10) days following the termination of this Agreement, and at such other times as the Contract Officer shall request, Provider shall give the Contract Officer a written report describing the services provided during the period of time since the last report and accounting for the specific expenditures of contract funds hereunder, if applicable. At the times and in the manner required by law, the Provider shall provide to the City, the Department of Housing and Urban Development, the Comptroller General of the United States, any other individual or entity, and/or their duly authorized representatives, any and all reports and information required for compliance with the Act and the Regulations. 1.4 Financial Reporting. Any Provider receiving or due to receive or due to receiver $20,000.00 or more from the City during the 2011 — 2012 Fiscal Year shall provide to City a financial statement prepared by a recognized accounting firm approved by or satisfactory to City's Finance Director completed within the most recent twelve(12) months showing the Providers financial records to be kept in accordance with generally accepted accounting standards. The report shall include a general ledger balance sheet which identifies revenue sources and expenses in sufficient detail to demonstrate contract compliance and be balanced to bank statements. Any organization receiving or due to receive less than $20,000.00 in the current fiscal year from the City shall provide a copy of the organization's most recent charitable trust report to the Attorney General, or other financial information satisfactory to City's Finance Director. The financial information provided for in this paragraph shall be fumished not later than January 31 s`of the current fiscal year. ORIGINAL BtD AMIOR AGRiVAW 2.0 COMPENSATION. 2.1 Contract Sum. The City shall pay to the Provider on a reimbursable basis for its services a sum not to exceed NINETY-ONE THOUSAND SEVEN HUNDRED AND TWENTY-FOUR DOLLARS( 91 724.00) (the"Contract Sum") in accordance with the Budget attached hereto in Exhibit B and incorporated herein by this reference, and as herein provided. The budget cost categories set out in Exhibit B are general guidelines and if mutually agreed by both parties, may be amended administratively by no more than 10%, without the requirement of a formal amendment to this Agreement, but in no event shall such adjustments increase the Contract Sum. The Provider shall submit to the City monthly statements on reimbursable expenditures pursuant to the attached Budget along with pertinent supporting documentation. The City shall promptly review the monthly expenditure statements and, upon approval, reimburse the Provider its authorized operating costs. 2.2 Payroll Records. In cases where the contract sum will reimburse payroll expenses as part of operations, the Provider will establish a system of maintaining accurate payroll records which will track daily hours charged to the project by the Provider's respective employees, as set forth in OMB Circular A-122 Attachment B.6. 2.3 Draw Downs. Failure by Provider to request reimbursement or encumbrance of at least 25% of the total grant by the end of each fiscal year quarter (September 30, December 30, March 31, and June 30)shall result in the immediate forfeiture of 25%of the total grant. 3.0 COORDINATION OF WORK. 3.1 Representative of Provider. The following principals of Providers are hereby designated as being the principals and representatives of Provider authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Jack Newby. Director of Development 3.2 Contract Officer. The Contract Officer shall be such person as may be designated by the chief administrative officer of City. 3.3 Prohibition Against Subcontracting or Assignment. Provider shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred,voluntarily or by operation of law, without the prior written approval of the City. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Provider, its agents or employees, perform the services required herein, except as otherwise set forth herein. Provider shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 COMPLIANCE WITH FEDERAL REGULATIONS. 4.1 The Provider shall maintain records of its operations and financial activities in accordance with the requirements of the Housing and Community Development Act and the regulations promulgated thereunder, which records shall be open to inspection and audit by the authorized representatives of the City, the Department of Housing and Urban Development and the Comptroller General during regular working hours. Said records shall be maintained for such time as may be required by the regulations of the Housing and Community Development Act, but in no case for less than three years after the close of the program. -2 - 4.2 The Provider certifies it shall adhere to and comply with the following as they may be applicable: (a) Submit to City through its Community and Economic Development Department monthly reports on program status; (b) Section 109 of the Housing and Community Development Act of 1974, as amended and the regulations issued pursuant thereto; (c) Section 3 of the Housing and Urban Development Act of 1968, as amended; (d) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations at 41 CFR Chapter 60; (e) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (f) Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112), as amended, and implementing regulations; (g) The Age Discrimination Act of 1975 (P.L. 94-135, as amended, and implementing regulations; (h) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition at 24 CFR Part 42; (i) The restrictions prohibiting use of funds for the benefit of a religious organization or activity as set forth in 24 CFR 570.200 0); 0) The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement and requirements, (k) The Program Income requirements as set forth in 24 C.F.R. 570.504(c) and 570.503(b)(8); (I) The Provider is to carry out each activity in compliance with all Federal laws and regulations described in 24 C.F.R. 570, Subpart K, except that the Provider does not assume the City's environmental responsibilities described at 24 C.F.R. 570.604; nor does the Provider assume the City's responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52; (m) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution, (n) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234); (o) The regulations, policies, guidelines and requirements of 24 CFR 570; the "Common Rule", 24 CFR Part 85 and subpart J; OMB Circular Nos. A-102, Revised, A-87, A-110 and A-122 as they relate to the acceptance and use of federal funds under the federally- assisted program; -3 - (p) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and implementing regulations issued at 24 CFR Part 1; (q) Title Vill of the Civil Rights Act of 1968 (P.L. 90-284) as amended, (r) The lead-based paint requirements of 24 CFR Part 35 issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 at sec.); (s) Maintain property inventory system to numerically identify HUD purchased property and document its acquisition date as is set forth in OMB Circular A-110 Attachment N Property Management Standard 6d; and (t) Reversion of asset. Upon the Expiration of the agreement, the subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, any real property under the subrecipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the subrecipient in the form of a loan) in excess of$25,000 is either: (i) Used to meet one of the national objectives in Section 570.208 (formerly Section 570.901) until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the City; or (ii) Not used in accordance with paragraph (s)(i) above, in which event the subrecipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City. (No payment is required after the period of time specified in paragraph (s) of this section.) (u) Such other City, County, State, or Federal laws, rules, and regulations, executive orders or similar requirements which might be applicable. 4.3 The City shall have the right to periodically monitor the program operations of the Provider under this Agreement. 5.0 INSURANCE AND INDEMNIFICATION. 5.1 Insurance. The Provider shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against claims for injuries against persons or damages to property resulting from Provider's acts or omissions arising out of or related to Provider's performance under this Agreement. Provider shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' prior written notice of the proposed cancellation to City. A certificate evidencing the foregoing and naming the City as an additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Provider's obligation to indemnify the City, its officers, or employees. The amount of insurance required hereunder shall be as required by the Contract Officer not exceeding Five Hundred Thousand Dollars($500,000). -4 - 5.2 Indemnification. The Provider shall defend, indemnify and hold harmless the City, its officers and employees, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attomeys'fees, for injury to or death of person(s), for damage to property (including property owned by the City) arising out of or related to Contractor's performance under this Agreement, except for such loss as may be caused by City's own negligence or that of its officers or employees. 6.0 DISCRIMINATION, TERMINATION,AND ENFORCEMENT. 6.1 Covenant Against Discrimination. Provider covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, pregnancy, marital status, age, sex, sexual orientation, or any other basis Protected Characteristic by applicable federal, state or local law in the performance of this Agreement. Provider shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, physical or mental disability, national origin, ancestry or any other basis Protected Characteristic by applicable federal, state or local law. 6.2 Term. Unless earlier terminated in accordance with Section 6.3 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, but not exceeding one(1)year from the date hereof. 6.3 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination the Provider shall immediately cease all services hereunder except as may be specifically approved by the Contract Officer. Provider shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and City shall be entitled to reimbursement for any services which have been paid for but not rendered. 7.0 MISCELLANEOUS PROVISIONS. 7.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other parry shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below, or such other addresses as may from time to time be designated by mail. TO CITY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262-6959 Attn: City Manager WITH COPY TO: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262-6959 Attn: City Attorney TO PROVIDER: Mizell Senior Center of Palm Springs 480 S Sunrise Way Palm Springs, CA 92262-7641 -5 - 7.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. [End—Signatures on Next Page] -6 - CITY OF PALM SPRINGS ATTEST: a municipal corporation By: City Clerk pall1'T ZOt 1 City Manager APPR(? ED AST FORM: APPROVED BY CITY COUNCIL "City Attorney PROVIDER: Check one: _Individual _Partnership _Corporation (Corporations require two notarized signatures: One signature must be from the Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treas er, As istant Treasurer, or Chief Financial Officer). By: ey:-- A oV Nota ;' ed Signature of Chairman of Board, Notarized Signature Secretary,Asst Secretary, President or any V1 President Treasurer,Asst/T�rea/surer or Chief Financial Officer Name: /?�G 1-/ti! (n/ / yti �l a�� Name: Cyi/YI W41SYI Title: / :2L5/L-�r,4' �L ( A 2 0 Title: /n��� SGf/}�PiI� State of C�.!"6lLU;A-� State of`�' County OCR, )ss County ofiivamli Iss On_ g 1'�I-2,h 11 before me, On fr c.,I before me, 1� Ait31z personally appeared L.Wl kJaNtLta c toersonallyappeared �G7/�iy (J�it!<A-MS who proved tof1LJ who proved to me on the basis of satisfactory evidence to be the persona me on the basis of satisfactory evidence to be the person(e) whose names)is(are subscribed to the within instrument and whose name(a)islam subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in acknowledged to me that Ow/sheAgey executed the same in his(ber/tbeir authorized capacity(ies), and that by his/ber/their his/herkheir authorized capacity(iee), and that by hVher/their signature(s) on the instrument the person(e), or the entity signature(&) on the instrument the person(e), or the entity upon behalf of which the person(a) acted, executed the upon behalf of which the person(y acted, executed the instrument. instrument. 1 certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct. correct. WITNESS my hand and official seal. / WITNESS my he and ial seal. Notary Signature i2. Notary Signatu Notary Seal: Notary Seal: B.FREED Commission* 1888987 z LYNDA FREIMUELLER a -p Notary Public-California z COMM. #1907245 = i • Riverside County — z Notary Public•California o My Comm. Expires Jun 6,2014 Riverside County Comm. res Oct.8,2014+ DaleC/CDBG 11-1 2/Mize11_SubredpAgnnnt.Aug 11 -7 - CITY OF PALM SPRINGS EXHIBIT A Scope of Services Proiect/Activity Title: Proiect Number: Mizell Senior Center/ 0001 Energy Conservation Improvements Name/Address of Provider: Mizell Senior Center 480 S Sunrise Way Palm Springs, CA 92262-7641 Objectives/Activities The intent of this program is to provide programming and services for extremely-low income to moderate income seniors and frail elderly. This will be accomplished through the continuation of the facility renovations to facilitate client services areas and expand the ability to accommodate the rapidly increasing client base by making energy conservation improvements of the building's roof system to cool roof relative materials and the front-lobby automatic door with newer efficient solar film doors which will reduce energy costs. These upgrades will control operating expenses enabling those savings to be redirect to program and service operations as well as allow more donated funds to go directly to programs and services. The Center also serves as one of the City's emergency shelters under the Fire Department's Emergency Preparedness Plan and Riverside County Summer Crisis Cooling Center. The Mizell Senior Center primarily covers the City of Palm Springs and the adjacent community of Cathedral City, serving 5,200 clients of which 4,680 are Palm Springs' residents. The Provider shall be responsible for the completion of the following objectives/activities in a manner acceptable and satisfactory to the City and consistent with the standards required as a condition of providing these CDBG funds. Objective 1: Assist the City by timely providing any additional information requested TARGET DATE ACTIVITY#1 On-Going Make readily available any information relative to the successful implementation of the activity. Objective 2: Establish and maintain a programmatic and financial record keeping process TARGET DATE ACTIVITY#1 On-Going Establish and maintain an efficient program process/procedure for proper record keeping. Set-up a filing system for CDBG files only. Document and maintain all records related to this program in a stable and secure location. Objective 3: Advertise, market and publicize the program to facilitate positive promotion for all parties (i.e., Provider. City. CDBG. etc.). TARGET DATE ACTIVITY#1 On-Going Draft a promotional piece and submit to City for approval. Advertise in the Desert Sun. Submit final publication to City. Objective 4: Enroll and income qualify at least a total of 4,680 extremely-low to moderate-income Palm Springs residents. TARGET DATE ACTIVITY#1 On-Going Provide direct client programming for Palm Springs residents. Maintain records of names, addresses, demographics and service dates for all assistance. Objective 5: Maintain records for all CDBG activities related to this program. TARGET DATE ACTIVITY#1 On-Going Document and maintain all records related to this program, including those required, in accordance with HUD Regulations, in a stable and secure location. ACTIVITY#2 Monthly Submit Semi-Annual reports—referenced Exhibit E. Objective 6: Manage/monitor program activities. TARGET DATE ACTIVITY#1 On-Going Perform monitoring activities necessary to ensure that the program is being conducted in compliance with the CDBG policies, federal regulations, and local statues, including Davis-Bacon Act, Copeland Act, and Non-discrimination/ EEO requirements. Objective 7: Upgrade and improve the building's roof and lobby automatic doors in accordance with an 'open competitive' procurement process as outlined in proposal. TARGET DATE ACTIVITY#1 On-Going Conduct program activities, as stipulated in the proposal and in consultation with the City. Objective 8: Provide an evaluation within fifteen It5) calendar days of the program completion or final reimbursement. TARGET DATE ACTIVITY#1 07/15/09 Provide an evaluation and final report on all programmatic and financial activities. General Administration Provide the management oversight and leadership to address specific operational tasks in meeting the established performance levels, as well as perform supportive activities(i.e., clerical, monitoring, etc.) CITY OF PALM SPRINGS EXHIBIT B Budget Summary ProiecUActivity Title: Project Number: Mizell Senior Center/ 0001 Energy Conservation Improvements ame ress of Provider: Mizell Senior Center 480 S Sunrise Way Palm Springs, CA 92262-7641 COST CATEGORY CDBG OTHER TOTAL SHARE SOURCES COST 1 Personnel $ - 0 - $ - 0 - $ - 0 - 2 Consultant/Contract Services $ - 0 - $ - 0 - $ - 0 - 3 Travel $ - 0 - $ - 0 - $ - 0 - 4 Space Rental $ - 0 - $ - 0 - $ - 0 - 5 Consumable Supplies $ - 0 - $ - 0 - $ - 0 - 6 Rental, Lease or Purchase of $ - 0 - $ - 0 - $ - 0 - Equipment 7 Insurance $ - 0 - $ - 0 - $ - 0 - 8 Other $82,724. $5,000. $87,724. Material & Labor $9,000. $1,700. $10,700. Pro ect Management 'If costs are to be shared by other sources of funding,including CDBG funds from other jurisdictions, identify the source of funding, grantorAending agency,and cost category information. Other funding sources primarily are Mizell's Building Repairs&Maintenance funds. The Subrecipient shall submit Request for Reimbursement in accordance with the aforementioned cost categories. Progress payments, approved by the Subrecipient and based upon the percentage of completion of the work with a 10% retention, shall be paid by the 301"day of each month, provided that the payment application has been submitted to the City on or before the first working day of the month. The Subrecipient shall receive reimbursements and/or its suppliers/vendors shall receive direct payments by way of a two-party check, in accordance with the aforementioned cost categories and line items which are subject to receipt of an acceptable requisition in the form of a monthly Request for Reimbursement. The Subrecipient recognizes that the CDBG Funds are received from the HUD, and that the obligation of the City to make payment to Subrecipient is contingent upon receipt of such funds from HUD. In the event that said funds, or any part thereof,are,or become, unavailable,then the City may immediately terminate or amend this Agreement. Services are to be performed over the twelve-month period of this 2011-12 Program Year—July 1, 2011 through June 30,2012. CITY OF PALM SPRINGS EXHIBIT C Insurance Inventory Proiect/Activity Title: Proiect Number: Mizell Senior Center/ 0001 Energy Conservation Improvements Name/Address of Provider: Mizell Senior Center 480 S Sunrise Way Palm Springs, CA 92262-7641 INSURANCE INVENTORY LIABILITY INSURANCE POLICY Name of Provider's Insurance Philadelphia Insurance Companies Effective Dates of Policy 10/14/10 to 10/14/11 Claims Made Policy / / Per Occurrence Policy Limits of Liability $2,000,000 General Aggregate Deductibles: Per Occurrence $1,000,000.00 Annual Aggregate Additional Insured Endorsement (Certificate Holder) 0 Yes ❑ No Original Certificate of Insurance Attached ❑ Yes 0 No WORKER'S COMPENSATION POLICY Name of Provider's Insurance Company Amtrust of North America/Roch Effective Dates 03/01/11 to 03/01/12 Limits of Liability $100,000 Per Occurrence Underlying Coverage Limits Per Statute as set by State Law Original Certificate of Insurance Attached 0 Yes 0 No OP ID: TE CERTIFICATE OF LIABILITY INSURANCE DAT 08125/11 V) OB/25/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER 760-778-8787 0 NAME: Curtis&Harris Insurance Sery PHONE FAX CA License IIIOF30715 760-778-7676 C No E AIC No 1801 E.Tahqukz Lyn,STE 201 EMAIL Palm Springs,CA 92262 ADDRESS: K.Curtis CUSTOMERIDIAZEL-1 INSURERS AFFORDING COVERAGE NAIC r INSURED Mizell Senior Center INSURERA:Philadelphia Insurance Company 23850 480 S.Sunrise INSURER B Palm Springs,CA 92262 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INIML.IffinPOLICY NUMBER MMM MMIDDIYWY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X PHPK634933 10114110 10N4/11 PREMISES Ea occurrence $ 10Q00 CLAIMSMADE OCCUR MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOP AS $ 1,000,00 X7 POLICY PRD LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 A X ANY AUTO PHPK634933 10/14/10 10t'14ill (Ea accident) BODILY INJURY(Per persa n) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Pereccident) $ NON OWNEDAUTOS $ A COMP&COLL $ X UMBRELLA UAS X OCCUR EACH OCCURRENCE $ 1,000,00 A EXCESS LIAR CLAIMS MADEPHUB323817 10114110 10/14/11 AGGREGATE $ 1,000,00 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION NCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN E L EACH LIMITS ER ANY PROPRIEfORIPARTNERIEXECUTIVE NIA . .EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED4 (Mandatory in Ni EL DISEASE-EA EMPLOYEE T If yes,tlescribe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCPJ"IONOFOPERAnONSILOLAMONSIVEHCLES Kilach ACORD101,Addidonal Remi Schedule,If more apace is required) RE: CDBG PROJECT The City of Palm Springs, its officials, employees and agents are named as additional insured per attached form CG2026 07104 when required by a written contract.Coverage is primary and non-contributorryy pper ppolicy wording.30 days notice of cancellation Per attached form IL 02700908 CERTIFICATE HOLDER CANCELLATION CITYOFP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN THE CITY OF PALM SPRINGS ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: CITY CLERK P.O. BOX 2743 AUTHORIZED REPRESENTATIVE PALM SPRINGS,CA 92263 01988-20D9 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD POLICY NUMBER PUPK634933 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CO`'ERAGE PART SCHEDULE Name of Additional Insured Person(s)or Organization(s) The City of Palm Springs,its officials,employees and agents Information required to complete this Schedule,if not shown above,will be shown in the Declarations Section II -Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury","property damage"or`personal and advertising injury" caused, in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations: or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 Copyright,ISO Properties,Inc.,2004 Page I of 1 IL 02 70 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided underthe following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY)COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Com- 3.All Policies In Effect For More Than 60 Days mon Policy Condition are replaced by the follow- ing: a. If this policy has been in effect for more 2.All Policies In Effect For 60 Days Or Less than 60 days, or is a renewal of a policy we issued,we may cancel this policy only upon If this policy has been in effect for 60 days or the occurrence, after the effective date of less, and is not a renewal of a policy we have the policy, of one or more of the following: previously issued, we may cancel this policy by (1) Nonpayment of premium, including mailing or delivering to the first Named Insured payment due on a prior policy we issued at the mailing address shown in the policy and and due during the current policy term to the producer of record, advance written no- covering the same risks. tice of cancellation, stating the reason for can- cellation,at least: (2) Discovery of fraud or material misrepre- sentation by: a. 10 days before the effective date of cancel- (a) Any insured or his or her representa- lation if we cancel for: tive in obtaining this insurance,or (1) Nonpayment of premium; or (b) You oryour representative inpursu- (2) Discovery of fraud by: ing a claim under this policy. (a) Any insured or his or her representa- (3)A judgment by a court or an administra- tive in obtaining this insurance, or tive tribunal that you have violated a (b) You or your representative in pursu- California or Federal law, having as one ing a claim under this policy. of its necessary elements an act which b. 30 days before the effective date of cancel- materially increases any of the risks in- lation if we cancel for any other reason. sured against. (4) Discovery of willful or grossly negligent acts or omissions,or of any violations of IL 02 70 09 08 ®I50 Properties,Inc.,2007 Page 1 of 4 state laws or regulations establishing 7. Residential Property safety standards, by you or your repre- sentative, which materially increase This provision applies to coverage on real any of the risks insured against. property which is used predominantly for residential purposes and consisting of not (5) Failure by you or your representative to more than four dwelling units, and to implement reasonable loss control re- coverage on tenants' household personal quirements, agreed to by you as a con- property in a residential unit, if such dition of policy issuance, or which were coverage is written under one of the conditions precedent to our use of a par- following: ticular rate or rating plan, if that failure materially increases any of the risks in- sured against. Commercial Property Coverage Part Farm Coverage Part- Farm Property - Farm (6) A determination by the Commissioner of Dwellings,Appurtenant Structures And House- Insurance that the, hold Personal Property Coverage Form (a) Loss of, or changes in, our reinsur- a. If such coverage has been in effect for ance covering all or part of the risk 60 days or less, and is not a renewal of would threaten our financial integrity coverage we previously issued, we may or solvency;or cancel this coverage for any reason, (b) Continuation of the policy coverage except as provided in b. and c. below. would: b. We may not cancel this policy solely (1)Place us in violation of California because the first Named Insured has: law or the laws of the state (1) Accepted an offer of earthquake where we are domiciled;or coverage;or (ii) Threaten cursolvency. (2) Cancelled or did not renew a (7) A change by you or your policy issued by the California representative in the activities or Earthquake Authority (CEA) that property of the commercial or included an earthquake policy industrial enterprise, which results in premium surcharge. a materially added, increased or changed risk, unless the added, in- However, we shall cancel this policy if creased or changed risk is included the first Named Insured has accepted a in the policy. newor renewal policy issued by the CEA b. We will mail or deliver advance written that includes an earthquake policy notice of cancellation, stating the reason for premium surcharge but fails to pay the cancellation, to the first Named Insured, at earthquake policy premium surcharge the mailing address shown in the policy, authorized by the CEA. and to the producer of record, at least: c. We may not cancel such coverage (1) 10 days before the effective date of solely because corrosive soil conditions cancellation if we cancel for nonpay- exist on the premises. This Restriction ment of premium or discovery of fraud; or (c.) applies only if coverage is subject to one of the following, which exclude (2) 30 days before the effective date of loss or damage caused by or resulting cancellation if we cancel for any other from corrosive soil conditions: reason listed in Paragraph 3.a. (1) Capital Assets Program Coverage Form(Output Policy); (2) Commercial Property Coverage Part Causes Of Loss- Special Form; or (3) Farm Coverage Part - Causes Of Loss Form - Farm Property, Paragraph D. Covered Causes Of Loss-Special- B. The following provision is added to the C. The following is added and supersedes any provi- Cancellation Common Policy Condition: sions to the contrary: IL 02 7009 08 ©ISO Properties,Inc.,2007 Page 2of 4 NONRENEWAL threaten our solvency or place us in a 1. Subject to the provisions of Paragraphs C.2. hazardous condition. A hazardous con- and C.3. below, if we elect not to renew this dition includes, but is not limited to, a policy,we will mail or deliver written notice stat- condition in which we make claims pay- ing the reason for nonrenewal to the first ments for losses resulting from an Named Insured shown in the Declarations and earthquake that occurred within the Pre- to the producer of record, at least 60 days, but ceding two years and that required a re- not more than 120 days, before the expiration duction in policyholder surplus of at or anniversary date. least 25% for payment of those claims; We will mail or deliver our notice to the first or Named Insured, and to the producer of (3) We have: record, at the mailing address shown in the policy. (a) Lost or experienced a substantial 2. Residential Property reduction in the availability or scope P rty of reinsurance coverage; or This provision applies to coverage on real (b) Experienced a substantial increase property used predominantly for residential in the premium charged for reinsur purposes and consisting of not more than four ance coverage of our residential dwelling units, and to coverage on tenants property insurance policies;and household property contained in a residential unit, if such coverage is written under one of the Commissioner has approved a plan the following: Capital Assets Program (Output Policy)Cover- for the andnon t ew is that is fair and ethe age Part table, and that is responsive to the changes in our reinsurance position. Commercial Property Coverage Part Farm Coverage Part - Farm Property - Farm c. We will not refuse to renew such coverage Dwellings, Appurtenant Structures And House- solely because the first Named Insured has hold Personal Property Coverage Form cancelled or did not renew a policy, issued a. We may elect not to renew such coverage by the California Earthquake Authority that for any reason, except as provided in b.,c. included an earthquake policy premium sur- and d.below: charge. b. We will not refuse to renew such coverage d. We will not refuse to renew such coverage solely because the first Named Insured has solely because corrosive soil conditions accepted an offerof earthquake coverage. exist on the premises. This Restriction However,the following applies only to in- (d.) applies only if coverage is subject to s one of the following,which exclude loss or urers who are associate participating in- surers as established by Cal. Ins. Code damage caused by or resulting from Section 10089.16.We may elect not to re- corrosive soil conditions: new such coverage after the first Named (1) Capital Assets Program Coverage Form Insured has accepted an offer of earth- (Output Policy); quake coverage, if one or more of the fol- (2) Commercial Property Coverage Part- lowing reasons applies: Causes Of Loss -Special Form; or (1) The nonrenewal is based on sound (3) Farm Coverage Part - Causes Of Loss underwriting principles that relate to the Form - Farm Property, Paragraph D. coverages provided by this policy and Covered Causes Of Loss -Special. that are consistent with the approved 3. We are not required to send notice of nonre- rating plan and related documents filed newal in the following situations: with the Department of Insurance as re- quired by existing law; a. If the transfer or renewal of a policy,without any changes in terms, conditions, or rates, is between us and a member of our insurance group. (2) The Commissioner of Insurance finds b. If the policy has been extended for 90 days or that the exposure to potential losses will less, provided that notice has been given in IL 02 7009 08 0 ISO Properties,Inc.,2007 Page 3 of 4 accordance with Paragraph CA. change in the terms or conditions or risks c. If you have obtained replacement coverage, or if covered by the policy within 60 days of the end of the first Named Insured has agreed, in writing, the policy period. within 60 days of the termination of the policy, to f. If we have made a written offer to the first Named obtain that coverage. Insured, in accordance with the timeframes d. If the policy is for a period of no more than 60 shown in Paragraph CA., to renew the policy days and you are notified at the time of issuance under changed terms or conditions or at an that it will not be renewed. increased premium rate, when the increase exceeds 25%. e. If the first Named Insured requests a IL 02 7009 08 0 ISO Properties,Inc.,2007 Page 4 of 4 ACO� ATE(MMIDD/YY) 8125111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER COMPANIES AFFORDING COVERAGE PAYCHEX INSURANCE AGENCY,INC. COMPANY 150 SAWGRASS DRIVE gMTRUST OF NORTH AMERICA/ROCH ROCHESTER,NY 14620 COMBPANY INSURED MIZELL SENIOR CENTER OF PALM SPRINGS CC CAS 480 S SUNRISE WAY PALM SPRINGS,CA 92262 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS T DATE(MMIDDNY) DATE(MMMDNY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $ CLAIMS MADE OCCUR PERSONAL B ADV INJURY $ OWNER'S S CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED EXP(Arry one person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Par accitlenq PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND X we sTATu- OTH- EMPLOYERS'LIABNTY SWC1002586 03/01/11 03/01/12 EL EACH ACCIDENT PR $ 1,000,000.00 THE PROPRIETORI �INCL EL DISEASE-POLICY LIMIT $ 1,000,000.00 PAATNERSIEXECUTIVE OFFICERSARE: X�EXCL EL DISEASE-EA EMPLOYEE $ 1,000,000.00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Att ACORD 101,AEditio l Remrks Schetlule,if more space is r uieetl) THE CITY OF PALM SPRINGS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ATTN:CITY CLERK DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PO BOX 2743 PROWSIONS,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR PALMSPRINGS,CA 92263 LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CITY OF PALM SPRINGS EXHIBIT D Beneficiary Qualification Statement Proiect/Activity Title. Project Number: Mizell Senior Center/ 0001 Energy Conservation Improvements Name/Address of Provider: Mizell Senior Center 480 S Sunrise Way Palm Springs, CA 92262-7641 BENEFICIARY QUALIFICATION STATEMENT This statement must be completed and signed by each person or head of household (legal guardian) receiving benefits form the described project/activity. Please answer each of the following questions. 1. How many persons are in your household? For this question a household is a group of related or unrelated persons occupying the same house with at least one member being the head of the household. Renters,roomers,or borders cannot be included as household members. 2. Circle your combined gross annual income(RiversideSan Bernardino-Ontario,CA MSA-05131111) AREA MEDIAN NUMBER OF PERSONS IN YOUR HOUSEHOLD: INCOME(AMI) 1 2 3 4 5 6 7 8 LEVEL EXTREMELY LOVY INCOME $13,800 $15,750 $17,700 $19,650 $21,250 $22,800 $24,400 $25,950 0-30-1.of AMI VERY LOW INCOME $22,950 $26,200 $29,500 $32,750 $35,400 $38,000 $40,650 $43,250 31-50%of AMI LOW INCOME $36,700 $41,950 $47,200 $52,400 $56,600 $60,800 $65,000 $69,200 51-80%of AMI MODERATE INCOME $52.500 $60,000 $67,500 $75,000 $81,000 $87,000 $93,000 $99,000 81-120% 3. What race/ethnicity do you identify yourself as; please note that this self-identification is voluntary in accordance with equal opportunity laws? ❑ White ❑ American Indian or Alaska Native AND White ❑ Black/Afncan American ❑ Asian AND White ❑ Asian ❑ Black/African American AND White ❑ American Indian or Alaskan Native ❑ American Indian/Alaska Native AND Black/African American ❑ Native Hawaiian or Other Pacific Islander ❑ Other: HISPANIC/LATINO ETHNICITY ❑ Yes ❑ No If yes,check one: O Mexican/Chicano ❑ Puerto Rican ❑ Cuban ❑ Other: 4. Please check, ves or n�if you are a female Head of Household? ❑ YES ❑ NO S. Do you have a disability? ❑ YES ❑ NO If YES,please describe: ACKNOWLEDGEMENT AND DISCLAIMER I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSHOLD STATEMENTS MADE ON THIS FORM ARE TRUE. NAME: DATE: ADDRESS: PHONE NO: SIGNATURE: The information you provide on this form is confidential and is only utilized for Community Development Block Grant(CDBG)program purposes,a Federally-funded program,governmental reporting purposes to monitor compliance. CITY OF PALM SPRINGS EXHIBIT E Semi-Annual Program Progress Report Proiect/Activity Title: Project Number: Mizell Senior Center/ 0001 Energy Conservation Improvements Name/Address of Provider: Mizell Senior Center 480 S Sunrise Way Palm Springs, CA 92262-7641 PROGRAM PROGRESS REPORT Period: DIRECT BENEFIT REPORT ♦ Number of First-Time Program Beneficiaries Serviced: #of Households #of Persons 0-30% below: 31-50%below: 51-80%below: 81-120%below: ♦ Number of First-Time Female Headed Households: ♦ Counts by Race/Ethnicity: White American Indian or Alaska Native AND White _ Black/African American Asian AND White_ Asian Black/African American AND White_ American Indian or Alaskan Native American Indian/Alaska Native AND Black/African American Native Hawaiian or Other Pacific Islander Other: HISPANIC/LATINO ETHNICITY: Mexican/Chicano Puerto Rican Cuban Other: ♦ Number of Disabled: ACCOMPLISHMENT NARRATIVE LEVERAGING RESOURCES NARRATIVE Signed Title Date CITY OF PALM SPRINGS EXHIBIT F Request for Reimbursement Proiect/Activity Title: Project Number: Mizell Senior Center/ 0001 Energy Conservation Improvements Name/Address of Provider: Mizell Senior Center 480 S Sunrise Way Palm Springs, CA 92262-7641 BENEFICIARY QUALIFICATION STATEMENT Materials & Labor $82,724. Project Management $9,000. $91,724. E= I CERTIFY THAT, (a) the City of PALM SPRINGS, as grantee of the CDBG, has not previously been billed for the costs covered by this invoice, (b)funds have not been received from the Federal Government or expended for such costs under the terms of the Agreement or grant pursuant to FMC-74-4 & 24 CFR Part 58;(c) this agency is in full compliance with all applicable provisions under the terms of the Contractor grant; and (d) this agency is in full compliance with all applicable tax laws and hereby affix original signatures. PREPARED BY: APPROVED BY: Name, Title, Date Name, Title, Date City of PALM SPRINGS Use Only Audited by: Examined by: Approved by: If necessary, additional sheet(s)must be attached detailing cost breakdowns,and verified by original signatures. CITY OF PALM SPRINGS EXHIBIT G Employment Restrictions 1. Labor Standards The PROVIDER agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C. 276a-276a-5;40 USC 327 and 40 USC 276c)and all other applicable Federal,state and local laws and regulations pertaining to labor standards insofar as those ads apply to the performance of this contract. The PROVIDER shall agree to submit documentation provide by the CITY which demonstrates compliance with hour and wage requirements of this part. The PROVIDER agrees that, all general contractors or subcontractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journeyworkers; provided, that if wage rates higher than those required under the regulations are imposed by state and local law, nothing hereunder is intended to relieve the PROVIDER of its obligation, if any, to require payment of the higher wage. The PROVIDER shall cause or require to be inserted in full, in all such contracts subject to such regulations,provisions meeting the requirements of this paragraph. 2. "Section 3 Clause" a. Compliance Compliance with the provisions of Section 3,the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this Contract and binding upon the CITY, the PROVIDER and any of the PROVIDER'S subrecipients and subcontractors. Failure to fulfill these requirements shall subject the CITY,the PROVIDER and any of the PROVIDER'S subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The PROVIDER certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. The PROVIDER further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this contract is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.0 1701. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area and contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low-and very low-income persons residing in the metropolitan area in which the project is located." The PROVIDER further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low-and very low-income persons residing within the metropolitan area in which the CDBG- funded project is located;where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low-and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low-and very low-income residents within the service area or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. The PROVIDER certifies and agrees that no contractual or other legal incapacity exists which would prevent compliance with these requirements. b. Notifications The PROVIDER agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.