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HomeMy WebLinkAbout05951 - FAMILY YMCA OF THE DESERT CDBG SUBRECIPIENT FOR RECREATIONAL PROGRAMMING , i SUBRECIPIENT AGREEMENT THIS AGREEMENT (herein "Agreement"), is made and entered into this i day of 2010, by and between the CITY OF PALM SPRINGS, (herein "City), a municipal corporation and charter city, and the Family YMCA of the Desert , (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 et seg.), 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 2010 --2011 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 Provider's 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 furnished not later than January 31 sc of the current fiscal year. 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 FIFTEEN THOUSAND TWO HUNDRED AND FIFTY-THREE DOLLARS 15 253.00) (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: Terri Bona Director of Fund Development Rob Ballew, Chief Executive Officer 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 five 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 semi-annual 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); Q) 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); (1) 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 VIII 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 et seg.); (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. 6.0 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 Providers acts or omissions arising out of or related to Providers 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 Providers 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 attorneys'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 party 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 - 5- TO PROVIDER: Family YMCA of the Desert 43-930 San Pablo Palm Desert CA 92260-9312 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 iity Clerk )d l ;rc/LaJ II City Manager APPROVED AS TO FARM: p / 1 F',fs4�r?r1t11"� �,�!'�'T"1 r' tan�/+IL Bya , r. GY'City Attorney .._.... '.0 \ �. ._."1 k 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 S aletary, T asurer, Assistant Treasurer, or Chief Financi Officer)By: By: ;JfU�? Nota ized Signature of Chairman of oard, Notarized Signature Secretary, Asst Secretary, President or any Vice Pres• nt Treasurer,Asst Treasurer or Chief Financial Officer Name: i`' -- -- - Name: l ICI/ �� ,�.r, Title: Title: State of State of �•-�+� County ofv"..t+, �ss County of On __J- ,Rq -_ to bef ( On `�l c�f�l f� before me, personally ap�peed I e S•KA - Lfg71 N�',personally ppear d� Jd2=20J1 who proved to Ihl. m iw who proved to me on the basis of satisfactory evidence to be the persons me on the basis of satisfactory evidence to be the persoo(ef whose nameV&i k;e subscribed to the within instrument and whose name(6&ere subscribed to the within instrument and acknowledged to me tha ie kAhey executed the same in acknowledged to me thatc9spelthey executed th same in Is' authorized capacity4"), and that by Is/ ^.e,,;e,r ii lefkhcir authorized capacity(iea), and that by�•I /heNH°�i� signature(M on the instrument the person($), o he entity signature(g) on the instrument the person(W or the entity upon behalf of which the personS,s4 acted, executed the upon behalf of which the person' acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under the laws of the 1 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 hand and official seal. �7^ Notary Signature: Notary Signature: Cyr , vi Notary Seal: Notary Seal: S. M. LANKHAAR A d;<r1r `ri Comtnission# 1807510 Coiii:n s s i o i 18J7510 :.d Notary Public-California ; ;lid}` Ncta ; Public California Riverside County + tI,M.;ide County M Comm.Expires Jul 26,2012 My Comm. Expires Jul 26,2012 DaleC/CDBG 10-11 NMCA_SubrecipAgrmnt.Aug 10 -7 - CITY OF PALM SPRINGS EXHIBIT A Scope of Services Project/Activity Title: Project Number: Family YMCA of the Desert Recreational Programming 0004 Name/Address of Provider: Family YMCA of the Desert 43-930 San Pablo Avenue Palm Desert, CA 92260 Objectives/Activities The intent of this program is to provide after-school recreational flag-football programming for at-risk children of low and moderate income households. The recreation program brings youth under the supervision and influence of positive role-models with the reinforcement of good sportsmanship, responsible values and attitudes installed in young people by their parents. This will be accomplished through scholarship for recreational flag-football programming. YMCA serves 663 clients Valley-wide and 170 Palm Springs' clients are low to moderate-income 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 Rroviding 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 one hundred and seventy (170)_low and moderate-income Palm Springs residents with new access to this service. 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 On-Going 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: Establish New and/or Expanded Services for At-Risk Youth as outlined in proposal. TARGET DATE ACTIVITY#1 On-Going Conduct program activities to improve availability/accessibility, as stipulated in the proposal. Objective 8: Provide an evaluation within fifteen (15) calendar days of the program completion or final reimbursement. TARGET DATE ACTIVITY#1 07/15/02 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 Project/Activity Title: Project Number: Family YMCA of the Desert Recreational Programming 0004 Name/Address of Provider: Family YMCA of the Desert 43-930 San Pablo Avenue Palm Desert, CA 92260 8u T SUMMARY 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 $15,253. - 0 - $15,253. Scholarshi s ,253 N SK $15,251 "TOTALS S .k, ri,JE e If costs are to be shared by other sources of funding, including CDBG funds from other jurisdictions, identify the source of funding, grantor/lending agency, and cost category information. Progress payments, approved by the Subrecipient and based upon the percentage of completed work, as outlined in the respective Professional Service Agreement and the Construction Agreement with a 10% retention, shall be paid by the 30t" 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 in accordance with the aforementioned cost categories and line items. The program will pay a range of $90 per Palm Springs' youth at a total amount not to exceed $15,253, approved by the Subrecipient and based upon the actual number of income eligible scholarships awarded in the prior period, shall be paid by the 30t"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. Services are to be performed over a twelve month period of July 1, 2010 through June 30, 2011 with funds allocated from 2010-- 11 Program Year. CITY OF PALM SPRINGS EXHIBIT C Insurance Inventory Proiect/Activity Title: Project Number: Family YMCA of the Desert Recreational Programming 0004 Name/Address of Provider: Family YMCA of the Desert 43-930 San Pablo Avenue Palm Desert, CA 92260 INSURANCE INVENTORY LIABILITY INSURANCE POLICY Name of Provider's Insurance Philadelphia Indemnity Effective Dates of Policy 07/01/10 to 07/01/11 Claims Made Policy / / Per Occurrence Policy / X / Limits of Liability 1 M per occurrence with 3M General Aggregate Deductibles: Per Occurrence None Annual Aggregate None 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 Star Insurance Company Effective Dates 06/01/10 to 06/01/11 Limits of Liability 1 M Each Accident Underlying Coverage Limits Original Certificate of Insurance Attached 0 Yes 10 No v�aa�iVa, rwrr nv ,ACORD,. CERTIFICATE OF LIABILITY INSURANCE 081091201®YvY> PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Desert Empire Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services,Inc, LIG#0F09643 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 77.564 Country Club Drive Palm Desert,CA 92211 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A: Philadelphia indemnity 18058 43-Family0 San Pablo Ave.YMCA of the Desert INSURER B: Star Insurance Company 18023 930 INSURER C: Palm Desert,CA 92260 INSURER Q INSURER E: COVERAGES 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCFI POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, L R R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE QAT MM/DD/YY DATE M / A GENERAL LIABILITY PHPK593377 07/01/10 07/01/11 EACH OCCURRENCE $1000000 R � COMMERCIAL GENERAL L nAMAGEVABILITY TO ENTE .,", 51 UO OQO_ CLAIMS MADE F OCCUR MFD EXP(Any one person) $5 000 A PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE S3 00(,) 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGc 52�0004D0n POLICY PRO- J CT LOG A AUTOMOBILE LIABILITY PHPK593377 07/01/10 07/01/11 COMBINED SINGLE LIMIT $100 X ANY AUTO (Ea tmddant) O,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X MIRED AUTOS BODILY INJURY 5 X NON-OWNED AUTOS (Per accidcn:) PROPERTY OAMAGE $ (Per accMent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S A EXCESSIUMBRELLA LIABILITY PHUB314107 07/01110 07101/11 EACH OCCURRENCE $11000MO___ -XI OCCUR CLAIMS MADE AGGREGATE $1 000 000 $ HXpEgUCTIBLE g .,..�.,». RETENTION S 10000 $ B WORKERS COMPENSATION AND WCMSTR5010463 06/01/1O Q0101111 X W"C S7ATU- OIH- EMPLOYERS'LIABILITY E.L.FACHACCIC7ENT $1,000,000 ANY PROPRIEIOWPARTNERIEJCEGUTIVE Or I,ICLR!M"r..MaER EXCLUDED? E.L.CISEASE•EA EA4PLCtYEE. $1,000,000 f as,duscrl0 r Undcr SPECIAL PROV!5 NS below E..:DISEASE-POLICY LIMIT $1,000,000 A OTHER Sexual/Phy PHPK593377 07/01/10 07101/11 1,000,000/1,000,000 Abuse DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Palm Springs,its officers,officials,employees&volunteers are Included as Additional Insured per attached endorsement.Insurance is primary/non-contributory.Waiver of Subrogation applies. CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL)(=WRRXRMAIL 30.... DAYS WRITTEN Attn:City Clerk NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,XXXJ('/1DQ]QN*VAXX*=*Xk Box 2743 rpoeaxl��seX> 7��tloCx7C9�0xxxmx�cXDtxoc�rsimt2lzaxlpc)t�cxx Palm Springs,CA 92262 n1 RXkV=xx AUTHORIZED RE�P!RESFNyTATIVE ACORD 25(2001/08)1 of 2 #S157288/M155436 2DNIB 0 ACORD CORPORATION 1988 POLICY NUMBER: PHPK593377 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 COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) City of Palm Springs dt's officers, its agents andemployees. 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 in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" 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 0 ISO Properties, Inc.,2004 Page 1 of 1 E3 POLICY NUMBER: PHPx3 g 3 3 T 7 COMMERCIAL GENERAL LIABILITY CG24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL.LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Palm Springs Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because: of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 06 09 m Insurance Services Office, Inc.,2008 Page 1 of 1 ` PI-MANt1-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AI-CG2026 w/Primary Wording- City of Palm Springs ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the 'following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) City of Palm Springs 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. It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance and any other insurance maintained by the additional insured shall be excess and non--contributory except for Gross Negligence or Willful Misconduct: by the Additional Insured, but only with respect to liability arising out of operations performed for the additional insured by or on behalf of the named insured. All other terms and conditions of this Policy remain unchanged. Page 1 of 1 WORKERS'COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06(Ed.4-34) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy,) This endorsement, effective on 06/01/2010 at 12:01 A.M. standard time,forms a part of Policy No.WCMSTR 5010463 Endorsement No. of the Star Insurance Company issued to FAMILY YMCA OF THE DESERT Premium(if any)$74 ut rxnze epresentative We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule, The additional premium for this endorsement shall be% of the California workers' compensation premium otherwise due on such remuneration. Schedule Name s Description of Operations City of Palm Springs,The Community P 0 BOX 2743 Number:3601 E Mesquite Redevelopment Agency of the City of PALM SPRINGS,CA,92262 Start Date 06/01/2010 End Date 06/01/2011 Palm Springs Insured is leasing building from City of Palm Springs WC 252(4-84) WC 04 03 06(Ed.4-84) Page 1 of 1 CITY OF PALM SPRINGS EXHIBIT D Beneficiary Qualification Statement Project/Activity Title: Project Number: Family YMCA of the Desert Recreational Programming 0004 Name/Address of Provider: Family YMCA of the Desert 43-930 San Pablo Avenue Palm Desert, CA 92260 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 boAveers cannot be included as household members. 2. Circle your combined gross annual income(Riverside-San Bernardino,CA-06/20/10) AREA MEDIAN NUMBER OF PERSONS IN YOUR HOUSEHOLD: INCOME(AMI) 1 2 3 4 5 6 7 8 LEVEL EXTREMELY LO INCOME $13,650 $15,600 $17,550 $19,500 $21,100 $22,650 $24,200 $25,750 0-30%of AMI VERY LOW INCOME $22,750 $26,000 $29,250 $32,500 $35,100 $37,700 $40,300 $42,900 31-50%of AMI LOW INCOME $36,400 $41,600 $46,800 $52,000 $56,200 $60,350 $64,500 $68,650 51-60%of AMI MODERATE INCOME $54,600 $62,400 $70,200 $78,000 $84,250 $90,500 $96,700 $102,950 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/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 ❑ Yes ❑ No If yes,check one: ❑ Mexican/Chicano ❑ Puerto Rican ❑ Cuban ❑ Other: 4. Please check, ves or no if you are a female Head of Household? ❑ YES ❑ NO 5. Do you have a disability? ❑ YES ❑ NO If YES,please describe: ACKNOWLEDGEMENT AND DISCLAIMER 1 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 Project/Activity Title: Project Number: Family YMCA of the Desert Recreational Programming 0004 Name/Address of Provider: Family YMCA of the Desert 43-930 San Pablo Avenue Palm Desert, CA 92260 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/tATINO 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 Project/Activity Title: Project Number: Family YMCA of the Desert Recreational Programming 0004 Name/Address of Provider: Family YMCA of the Desert 43-930 San Pablo Avenue Palm Desert, CA 92260 BENEFICIARY QUALIFICATION STATEMENT 1 , , rurnerwxI ' f Other $15,253. Scholarships Ml $15,253.l ��% 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.