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HomeMy WebLinkAbout05826 - FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY INC CDBG SUBRECIPIENT AGR lot SUBRECIPIENT AGREEMENT �����q++""� THIS AGREEMENT(herein "Agreement'), is made and entered into this A 5'day of 2009, by and between the CITY OF PALM SPRINGS, (herein "City), a municipal corporation and charter city, and the Fair Housing Council of Riverside County, Inc. , (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 sue.), 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 Providers application for funding. City provided funds shall be used only for those purposes specified in such application. 12 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 2009 —2010 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 furnished not later than January 31 n 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 DOLLARS ($115.000.00) (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. 22 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 Providers 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: Board of Directors of the Fair Housing Council of Riverside Coun Inc. P.O. Box 1068 3933 Mission Inn Avenue Riverside CA 92502-1068 32 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 Assi nment. 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. 3A 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 - 42 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 Q); 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 -3 - to the acceptance and use of federal funds under the federally- assisted program; (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 at sec.); (s) Maintain property inventory system to numerically identify MUD 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 -4 - 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). 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 Contractors 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: Fair Housing Council of Riverside County, Inc. P.O. Box 1068 Riverside, CA 92502-1068 72 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 ATTES a municipal corporation B� By a� �Ityy Clerk 1 ! 1 �� City Manager APPRO�Y�D �To F � APPROVED QY CITY COUNCIL !ity ney � PRO�/F 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, Treasurer, Assistant Treasurer, or Chief Financial OT�i innancial By: r�{• //f�(y�� tarized Signature of Chairman of Board, Notarized Signature Secretary,Asst Secretary, President orlany Vice President Treasurer,Asst Treasurer or Chief Financial Officer Name: �Cl YL `_C Yy-� - G T C e-YL � ji Name: �L / e L l Title: e>'yllal-Ck 'frtsi lf� Title: /30ay d SCCV e &7 State of ��lA/ly State of L I7 County of ltit'V CJss County of ki VL Rjq s'k Iss C` Ca�n`` before me, On 10 -2( — 0 �"1 before me, --j�•b11. 1 23 �� ry�J'Jjy ,personally appeared S ti w r'l ��personally appeared -"t" 11l who proved to Y ( ��y(` 1 who proved to me vn the basis of satisfactory evidence to be the pemon(s) me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within Instrument and whose name(s)C�are subscribed to the within instrument and acknowledged re me that he/she/they executed the same in acknowledged to me that he/Eig/they executed the same in his/hertheir authorized capacity(ies), and that by his/MUtheir hisl�/their authorized capacity(ies), and that by hi$/O r their signature(s) on the instrument the porson(s) or the entity signature(s) on the instrument the person(s), or the entity upon behalf of which the persvn(s) acted, executed the upon behalf of which the person(s) acted, executed the instrument instrument. I 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 seat e J WITNESS my hand and official seal. Notary Signature. ✓ t�/ �KJ/L/f�/� Notary Signati �ul Notary Seal: Notary Seal: All f.1NtIt7NT S. YYR1Q11T Corr nftl p*1785127 Cotrr FU � 1dit Notary rubme•Coullamlo NotaryI 'iMd�cow ty ItIverswe County �1 [anm in;102D14 FdisngCnrl_SubmcipAgnnnt.Septo9 -7 - CITY OF PALM SPRINGS EXHIBIT A Scope of Services Proiect/Activity Title: Project Number Fair Housing Council of Riverside/Fair Housing 0012 Name/Address of Provider: Fair Housing Council of Riverside County, Inc. PO Box 1068; 3933 Mission Inn Avenue 655 N Palm Canyon Dr, Ste 201 Riverside, CA 92502-1068 Palm Springs, CA 92262-5512 O bl ectives/Activities The intent of this program is to provide a full menu of fair housing services for Palm Springs residents that promotes fair housing rights and obligations as defined and articulated in the Federal Fair Housing Act and the California State Law Enactments under the Rumford & Unruh Civil Rights Acts which affirmatively furthers fair housing. This will be accomplished through the staffing of a Palm Springs' office facilitating three components, as it relates to Anti-Discrimination and Landlord/Tenant services, such as education (i.e., outreach, public awareness, individualized counseling), training / technical assistance (i.e., pro- active workshops preventing Complaints and violations); and enforcement (i.e., compliant intake, investigation, resolution options) for four hundred and twenty-five (425) 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 91 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 (Le., 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 qualifies at least an approximately four hundred and twenty-five (425) Palm Springs residents with new access to this service. TARGET DATE ACTIVITY#1 On-Going Provide fair housing services to clients. 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 91 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: Provide fair housing. services including Fair Housing Practice and Landlord/Tenant workshops, as outlined in proposal. TARGET DATE ACTIVITY#1 On-Going Conduct program activities for 425 clients and offer two workshops for property owners, managers, Realtors and lenders to improve availabilitylaccessibility, as stipulated in the proposal. Objective 6: Provide an evaluation within fifteen 15 calendar da s of the program completion or final reimbursement. TARGET DATE ACTIVITY 91 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/Activjty Title: Project Number: Fair Housing Council of Riverside/Fair Housing 0012 Name/Address of Provider: Fair Housing Council of Riverside County, Inc. PO Box 1068; 3933 Mission Inn Avenue 655 N Palm Canyon Dr, Ste 201 Riverside, CA 92502-1068 Palm Springs, CA 92262-5512 BUDGET SUMMARY COST CDBG OTHER TOTAL CATEGORY SHARE SOURCES COST 1 Personnel $10,929. $25,993. $36,922. 2 Consultant/ContractServices $428. $1,019. $1,447. 3 Travel $115. $241. $356. 4 Space Rental $2,088. $4,967, $7,055. 5 Consumable Office Supplies $227. $540. $767. 6 Office Equipment/Purchase, $315. $750. $1,065. Lease or Maintenance 7 Insurance - 0 - - 0 - - 0 - 8 Other $469. $1,115. $1,584. Telephone $429, $1,021. $1,450. Other Operational Costs* TOTALS $15,000. $35,646. 550,646. 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. EXHIBIT B—Budget Summary Page 2 of 2 Pages DETAIL BUDGET DESCRIPTION OF ACTIVITY/ CDBG OTHER TOTAL PAY ITEMS SHARE SOURCES COST Wages $8,776. $20,873. $29,649. Fringe Benefits/Payroll Taxes $2,153. $5,120. $7,273, Consultant/Contract Services $428. $1,019. $1,447. Travel $115. $241. $356. Space Costs $2,088. $4,967. $7,055. Consumable Supplies $227. $540. $767. Equipment— $315. $750. $1,065. Purchase, Lease or Maintenance Telephone $469, $1,115. $1,584. Other Operational Costs $429. Total 115,000. 536, 546. $50,646. The Subrecipient shall submit monthly reimbursement based on prorated and actual costs in accordance with the aforementioned cost categories and pay items. In no month shall the Subrecipient submit for reimbursement more than Y4 of the total annual budget. The reimbursement shall be split between the Community Redevelopment Agency's Tahquitz Andreas Low/Mod and CDBG's General Administration with the respective allocation of $35,646 (70.4%) and $15,000 (29.6%),totaling $50,646. Services are to be performed over the twelve-month period of this 2009— 10 Program Year-July 1, 2009 through June 30, 2010. CITY OF PALM SPRINGS EXHIBIT C Insurance Inventory ProieWActivity Title- Prolect Number: Fair Housing Council of Riverside I Fair Housing 0012 Name/Address of Provider: Fair Housing Council of Riverside County, Inc. PO Box 1068: 3933 Mission Inn Avenue 655 N Palm Canyon Dr, Ste 201 Riverside, CA 92502-1058 Palm Springs, CA 92262-5512 INSURANCE INVENTORY LIABILITY INSURANCE POLICY Name of Provider's Insurance Company NonProfits Insurance Alliance Effective Dates Of Policy 04/28/09 to 04/28/10 Claims Made Policy / / Per Occurrence Policy I 1 Limits of Liability_ $2,000.000 aaoreaate/$1.000.000 per occurrence Deductibles: Per Occurrence none Annual Aggregate Additional Insured Endorsement (Certificate Holder) ©Yes ❑ No Original Certificate of Insurance Attached ❑Yes ENO WORKER'S COMPENSATION POLICY Name of Provider's Insurance Company State Compensation Insurance Fund Effective Dates 07/01/09 to 07/01/10 Limits of Liability $1,000.000 per occurrence Underlying Coverage Limits n/a Original Certificate of Insurance Attached ❑Yes ENO ACORD CERTIFICATE OF LIABILITY INSURANCE 11//4/20 9' PRODUCER (909)476-0600 FAX: (909)476-0601 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Empire CompanyONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10201 Trademazk St. , Suite D ALTER THE COVERAGE AFFORDED 6Y THE POLICIES BELOW. P.O. Box 5400 Rancho Cucamonga CF„ 91729 INSURERS AFFORDING COVERAGE NAIC9 INSURED INSURERA Non ro£its Ins. .A.I.liance Fair Housing Connall IrvSUI.t'RB Atch Insurance Cempaa ,31 of Riverside County, Inc. INSURER TTdrth American Elite P.O. Box 1066 INSURER Riverside CA 92502-1068 INSURERE OVERAGES 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE FFN R DUCED BY PAID CLAIMS ILTP NSRIADD'Ll PE OF INSURANCE POLICYNUMBPR POLICY ATMWOO AT (MM DW) LIMITS GENERALU ILITY FNCH 07o IRR N. $ 1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGETOBENTED 800,000 P.EMISES Eeoccmm.O A X CLAIMS MADE OCCUR 2 0 0 9-04 22 1-NPO 4/28/2009 4/28/2010 ME)EXPAne one nelson 10,000 X Social Sry Prof Liab $1,000,000 AggrcgAtt Lmt -FE2SQNAL S AIN INJURY L 1,000,000 X Liquor Liability $1,000,000 Aggregate Lmt GENFRAI,AGGREGATE 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRONICTS-COMPOP ACC a 2,000,000 X1 PCUC� PRO E Lnr AUTUMOBILE LIABILITY COMBINED SINGLE LIMIT ixcoll ANY AUTO IEs s�neonq 1,000,000 ALL CM20 AUTOS 2009-04221-NPO 4/28/2009 4/28/2010 BODILY INJURYSCHEDULED AUTOS (PnrPerson) HIREOAUf05 BODILY IN.,URTNOIJ-ONNED nUTO$ (Perseddent) Comp Dpd 500 PROPERTY DAMAGE pod 500 (Pereccaent) 5 GARAGE LIABILITY AUTO ONLY-EAAGCIDENT MY AUTO OTHER THAN EA ACC $ ALTO ONLY AGG $ EXCESSIUMBREL-A LIABILITY EACH n PIP - r- E, OCCUR CLAIMS MADE ACGRFGA.TF DEDUCTIBLE L RFTPNTION T - VMRKERS COMPENSATION AND SfAT1I- ry � EMPLOYERS'UASILIIV ANY PROPRILTORPARYNER/ ECUTIVE EL EACI•I nCCIDFNT OFFI(.ERNIEMBER EXCLUDED? It yeE,4ese be Una& E L DISEASE-EA EMPLC`M-` SPECIAL PROVISIONS h 51m EL DISF,ASE-PGLIC`•LIMIT $ ]B OTHER ,DlreCtOr'S & O££iccrs ALT4776903 4/28/2009 4/2B/2010 Lvit $1,000,000 C Employee Diskavae5ty CWB0000560-07 4/29/2009 4/28/2010 Lltit $200,000 ]Business In Qme Li,ut AL5 DESCRIPTION of OPERATION$&QCATIONSNEHICLESt--XCLUSIONS ADDPO PY&NtOFtsEMFWY PECIAL PROVISIONS 10-DAY NOTICE OF CANCELLAT30N FOR NON-PAYMENT OF PREMIOM APPLIES. The Cate of Palm Springs, its oiiicets, ofti.cXals, . employees, and volunteers and the community Redevelopment Agency of the City of palm Springs, its officials, ompleyooc and A50nts are included as Additional Insured. 0xty Contract 4A5826 & A589d. Revised from certificate dated 10/23/09. CERTIFICATE HOLDER CANCELLATION dale.eeok@palmsprings-ca.g SHOULD ANY OF 71 ABOVE DESCRIBED P0419IEs SE CANCELLED v�B1EEF�/FyOR+{E TI•19 City of Palm Springs EXPIRATION DATE THEREOF, THE ISSUING INSURER HALL Xk% MAIL Attn: City Clerk/Dale cook SO DAYS VVBfifEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT KAO< PO Box 2743 Palm Springs, C2 92262 AUTHORIZED REPRESENTATIVE Sums Y.iriy/DUNE r! ACORD 25(2001108) li ACORD CORPORATION 1988 INS025[wa)oea Pape 102 IMPORTANT If the certiricate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed A statement on this Certificate does not,confer rights to the certificate holder in lieu of such endorsement(s) 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 endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORC 25 t2001108) IN50251oroal oaa Page 2 or 2 POLICY NUMBER: 2009-04221-NPO 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 underthe following: COMMERCIAL.GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Parsons Or Q anfzatlon s The City of Palm Springs,its officers,officials,employees and volunteers and the Community Redevelopment Agency of the City of Palm Springs,its officials, employees and agents. Information re uired 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 persons)l or organt- zatlon(s)shown In the Schedule, but only with respect to Ilabillly for "bodily injury', "property damage" or "personal and advertising injury' oaused, In whole or in part, by your acts or omissions or the acts or omis- sions 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 L1 o POLICYHOLDER COPY 9 M P LJ T � K STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 OCT 2 8 2009 COMPt;NSATION 1 N See UrRANCE P W N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE Py-- ISSUE DATE: 07-01-2009 GROUP: POLICY NUMBER: 1344748-2009 CERTIFICATE ID: 70 CERTIFICATE EXPIRES: 07-01-2010 07-01-2009/07-01-2010 CITY OF PALM SPRINGS SK CITY CLERK P 0 BOX 2743 PALM SPRINGS CA 92263 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions. of such policy. TFIORIZEo REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT N2055 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-1995 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER THE FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY INC, (A NON-PROFIT CORP. ) PO BOX 1068 RIVERSIDE CA 92502 h10c,i0 FEV.2•05) PRINTED : 05-15-2008 CITY OF PALM SPRINGS EXHIBIT D Beneficiary Qualification Statement Prolect/Activity Title: Protect Number: Fair Housing Council of Riverside/Fair Housing 0012 Name/Address of Provider: Date: Fair Housing Council of Riverside County, Inc. PO Box 1068; 3933 Mission Inn Avenue 655 N Palm Canyon Dr, Ste 201 Riverside, CA 92502-1068 Palm Springs, CA 92262-5512 BENEFICIARY QUALIFICATION STATEMENT This statement must be completed and Signed by each person or head of household (legal guardian) receiving benefits farm the described projectlactivity. Please answer each of the following questions. 1. How many persons am 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. x, Circle your combined gross annual Income(RlversldoSan BornaMlno-Ontario,CA ll 03110109) AREA MEDIAN NUMBER OF PERSONS IN YOUR HOUSEHOLD: INCOME(AMI) 1 y 3 4 5 6 7 8 LEVEL EXTREMELY LOIA INCOME $14,000 $16,000 $18,000 $20,000 $21,500 $23,200 524,800 $26,400 0-30%of AM) VERY LOW INCOME $23,300 $25,650 $29,950 $33,300 535,950 $38,650 $41,300 $43,950 31-50%of AMI LOW INCOME 537,300 $42,(550 $47,950 $53,300 557,550 $61,4150 $66,100 $70,$50 51-50%of AMI MODERATE INCOME $54.200 $61.900 $69,650 $77,400 S83,60o $89,800 S96,000 $102,150 61-120% 3. What racelethnlcity do you identify yourself as;please note that this self-Identlncatlon Is voluntary In accordance with equal opportunity laws? ❑ White M American Indian or Alaska Native AND White CI Black/African American ❑ Asian AND White ❑ Asian ❑ Black/African American AND White ❑ American Indian or Alaskan Native ❑ American Indian/Alaska Native AND Black/Afrimn American ❑ Native Hawaiian or Other Pacific Islander ❑ Other: HISPANIC/LATINO ETHNICITY ❑ Yes ❑ No If yes,check one. ❑ Mexic rv`Chicano ❑ Puerto Rican ❑ Cuban ❑ Other: 4. Am you 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 utuzed for Community Oevelopment Stock 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 ProleCt/ACtiyity Title: Protect Number_: Fair Housing Council of Riverside/Fair Housing 0012 Name/Address of Provider: Date: Fair Housing Council of Riverside County, Inc. PO Box 1068; 3933 Mission Inn Avenue 655 N Palm Canyon Dr, Ste 201 Riverside, CA 92502-1068 Palm Springs, CA 92252-5512 PROGRAM PROGRESS REPORT Period: DIRECT BENEFIT REPORT • Number of First-Time Program Beneficiaries Serviced: #of Households 0 of Persons 0-30%below: 31-50%below: 51-80%below: 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 elaCk/Afri=n American AND White American Indian or Alaskan Native American Indian/Alaska Native AND Black/Afncan 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: Pro ec�t Number: Fair Housing Council of Riverside/Fair Housing 0012 Name/Address of Provider: Date: Fair Housing Council of Riverside County, Inc. PO Box 1068; 3933 Mission Inn Avenue 655 N Palm Canyon Dr, Ste 201 Riverside, CA 92502-1068 Palm Springs, CA 92252-5512 Approved current Prior Total Grant Description Grant Reimbursement Reimbursement YTD Balance Amount Period Perlod(s) Reimbursement (Over/Under) Wages 38,77G. Fringe Benetit/Payroll Taxes 32,153. Consultant/Contract Services $428 Travel $119 Space Rental $2,088 Consumable Ofrlcc Supplies $227 Office Equipment/Purchase, $315, Lease or Maintenance Other $4$9 Telephone $429 Other Operational Costs- TOTAL � a+$,oea F]�1�''�� I CERTIFY THAT, (a) the City of PALM SPRINGS, as grantee of the CDSG, 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 55;(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 a$ amended, the provisions of Contract work Hours and Safety Standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C. 276a-2762-5;40 USC$27 and 40 USC 276c)and all other applicable Federal,state and local laws and regulations pertaining to labor standards insofar as those acts 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 5 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 8" 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." Y- 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 CDSG- 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 law- 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 concems 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. Notificatlons 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.