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HomeMy WebLinkAbout05070 - ARTHRITIS FOUNDATION INC CDBG SUBRECIPIENT AGRS 2004-05 AND 2005-06 YEARS SUBRECIPIENT AGREEMENT THIS AGREEMENT (herein "Agreement"), is made and entered into thisdday of 20A, by and between the CITY OF PALM SPRINGS, (herein "City), a municipal corporation and charter city, and the,Arthritis Foundation, 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 sew.), as amended from time to time (the "Act"), and the regulations promulgated thereunder(24 C.F.R. Section 570 et sec ("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 Scone 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 competentjurisdiction. 1.3 Rep_o_rts. 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 2005 — 2006 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 3151 of the current fiscal year. i 2.0 COMPENSATION. 21 Contract Sum. The City shall pay to the Provider on a reimbursable basis for its services a sum not to exceed FIFTEEN THOUSAND DOLLARS ($15.000.00) (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. 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 Fand make all decisions in connection therewith: 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 - 2- 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. 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 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 a); (j) The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement and requirements; M 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); - 3- (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; (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.G. 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. 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 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 -4 - 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). 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 - 5 - WITH COPY TO- City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs,-CA 92262-6959 Attn: City Attorney TO PROVIDER: frUT7s �l��nw 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 ATTE T: a municipal corporation f C' Clerk - �0/ d —/�Ooq City Manager APPROV RIT FORM: By. APPROVED BY CITY COiriNE l! City Attornq ial 7 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 Sec�reta urer, Assistant Treasurer, or Ch=— N�pfi'zedlfficer). By. • ' � By'Signature of Chairman of Board, Not ed Sridnature Secretary,Asst Secretary, President or any Vice President Treasurer, Asst Treasurer or Chief Financial Officer Name. / � r/3r�� r / G �r7� Name )4c° y/�m r / (a� Title � � ��"L% ��d Title CF-0 State of 1 State of f County of 1ss County of On before me On UL efore me, ersonally appeared rsonally appeared personally known personally known to me (or proved to me on? n a basis of satisfactory evidence) to me(or proved to me9w' a basis of satisfactory evidence) to be the persons) w e name(s) Is/are subscribed to the to be the person(s,YYtlose name(s) is/are subscribed to the within Instrument acknowledged to me that he/she/they within instrum and acknowledged to me that helshe/they executed the sr me in his/her/their authorized capaclty(ies), executed same In his/her/their authorized capaclty(ies), and that his/her/their signature(s) on the instrument the and t by his/her/their signature(s) on the Instrument the persgW. or the entity upon behalf of which the person(s) person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. acted, executed the Instrument. WITNESS my hand and official seal WITNESS my hand and official seal. Notary Notary Signature: Signature: Notary Seal Notary Seal: SubreaipAgrmnLJuI05 - 7- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California p '_ County of �� 1-rh r-, y� On -- 7- b8 before me, �, s )Q r Y�E&rV,, I (G Okla Here Inaert Ntte and Tltle Of the 011lcer personally appeared UACA Ala- LUUl cxn/�- J aro Ij Nama(s)of Signor(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)i5lare subscribed to the within instrument and acknowledged to me that ghefshe/they executed the same in his/herAheir authorized capacity(fes), and that by ITWher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SHERIEL L ADAMS Commisslon*158441e 1 certify under PENALTY OF PERJURY under the laws Notary PUMC-Callromla of the State of California that the foregoing paragraph is Log AngeimCoumy I true and correct. My comm.Expirm Jun 3,2009 WITNESS my hand and official seal. / ,/ Signature I L( _C& ( /I ' // nM-5 Place Notary Seal Abevo Signature of WaryInblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �L'�/II n v�j r �P(112-6 ` tT � f� Document Date: ��-2 OR' � ( Number of Pages: Signer(s) Other Than Named Above: NDa~2- Capacity(ies) Claimed by Signer(s) II 6 Signer's Name:k 4,u u ej LaJ a, Signer's NameJQ� V�1 eLw CO0 ❑ Individual Pas `P_ ❑ Individual 4zcorporate Officer—TIIIe(s): (:,�1] ❑Corporate Officer—Title(s): LJ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limped ❑ General ❑ Attorney in Fact • • •- ❑Attorney In Fact ❑ Trustee Top of tnlimh hr rr; n Trustee Top of thumb here ❑ Guardian or Conservator 7 Guardian or Conservator ❑ Other: ❑Other: ---- Signer Is Repr sentin r •.=-_--__ S1,gner Is Representing: _''.;, -�•e; (T,�u I l C�20�]Natlonal Notary A55ociaLon•9350�c So,o Avg PO egx 94pp-Cha tswngh,CA fl1313-'240'2•�✓ww NelonalNoteryorg IIam II5e0T Reorder Call Toll-Free 1-0008]E692] 1/ \ ® ye « a CITY OF PALM SPRINGS EXHIBIT A Scope of Services Project/Activity Title: Protect Number Arthritis Foundation, Inc. !Scholarship Program 0001 Name/Address of Provider: Arthritis Foundation, Inc. 73-710 Fred Waring Drive, Suite 104 Palm Desert, CA 92260-2510 O b i ectives/Activities The intent of this program is to provide the opportunities of medically-supervised programs and services which includes PACE (People with Arthritis Can Exercise) Land-based and warm water exercise program and educational programs on diet, medications, joint-sage exercise, non-traditional forms of treatment, doctor-patient relationships, communication skills, and fatigue, pain and stress management. This will be accomplished through scholarship funding for very low-to-moderate income residents. The Foundation will serve 4,000 very low to moderate income 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 (Le. Provider City. CDBG, etc.) with special outreach to minorities. TARGET DATE ACTIVITY#1 On-Going Draft a promotional piece(s) and submit to City for approval. Advertise in the Desert Sun and minority media outlets. Submit final publication to City. Objective 4: Enroll and income qualify at least a total of four thousand (4,000) very low to moderate- income Palm Springs residents. TARGET DATE ACTIVITY#1 On-Going Provide Foundation opportunities to eligible Palm Springs residents. Applicants must meet criteria in Exhibit D. 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 astable and secure location. ACTIVITY#2 Monthly Submit quarterly 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: Provide Foundation opportunities_ to eligible Palm Springs_residents 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 (15) calendar days of the program_c_ompletion or final reimbursement. TARGET DATE ACTIVITY#1 07/16/05 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 (Le., clerical, monitoring, etc.) CITY OF PALM SPRINGS EXHIBIT B Budget Summary Pro ect/Activit Title: Project Number: Arthritis Foundation, Inc. /Scholarship Program 0001 Name/Address of Provider: Arthritis Foundation, Inc. 73-710 Fred Waring Drive, Suite 104 Palm Desert, CA 92260-2510 13UDGET SUMMARY ' COST CATEGORY CDBG OTHER TOTAL SHARE SOURCES COST 1 Personnel $ $ $ 2 Consultant/Contract Services $ $ $ 3 Travel $ $ $ 4 Space Rental $ $ $ 5 Consumable Supplies $ $ $ 6 Rental, Lease or Purchase of $ _ $ $ Equipment 7 Insurance $ $ $ 8 Other- $15,000. $35,000. $50,000, Scholarships $3.25/Person $ $1,500. $1,500. Educational Materials $ $25,000. $25,000. Support& Self-Help Groups $15,000. " " $61,500. $76,500. " TOTALS, *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. Other funding sources include fundraising activities conducted through the Desert Health Care District, City of Palm Desert, City of Rancho Mirage, City of Indian Wells and private donations. The Subrecipient shall receive reimbursements in accordance with the aforementioned cast categories and line items. The program will pay for 4,000 scholarships at $325 each. Payments, approved by the Subrecipient and based upon the actual number of income eligible scholarships awarded in the prior period, shall be paid by the 301h 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 the twelve-month period of this 2005 — 06 Program Year—July 1, 2005 through June 30, 2006. CITY OF PALM SPRINGS EXHIBIT C Insurance Inventory Project/Activity Title Project Number: Arthritis Foundation, Inc. /Scholarship Program 0005 Name/Address of Provider: Arthritis Foundation, Inc. 73-710 Fred Waring Drive, Suite 104 Palm Desert, CA 92260-2510 INSURANCEINVENTORY LIABILITY INSURANCE POLICY Name of Provider's Insurance Company_ Atlantic Specialty Insurance Company Effective Dates of Policy 05/01/05 to 05/01/06 Claims Made Policy / Per Occurrence Policy ! / Limits of Liability 2 million General A re ate Deductibles. Per Occurrence Annual Aggregate Additional Insured Endorsement (Certificate Holder) L Yes ❑ No Original Certificate of Insurance Attached ❑ Yes Ef No WORKER'S COMPENSATION POLICY Name of Provider's Insurance Company State Fund Effective Dates 05/01/08 to 05/01/09 Limits of Liability $1 million Underlying Coverage Limits Unlimited Original Certificate of Insurance Attached 0 Yes O No ACORD CERTIFICATE OF LIABILITY INSURANCE os i9/2 a' PRODUCER 770.232.0202 FAX 770,232.9202 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MCCart Insurance & Risk Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2405 Satellite Boulevard ,f200 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Duluth GA 30096 INSURERS AFFORDING COVERAGE NAIC# INSURED ARTHRITIS FOUNDATION INSURERA ASTC (Atlantic Specialty Ins. Co ) Southern California Chapter INSURERS 4311 Wilshire Blvd. #530 INSURER C: Los Angeles CA 90010 msuRDR p 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 IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ZO0 TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTIVR POuCTECP1RJkTION uM175 GENERAL MABILI Y EACH OCCURRENCE S 11000,000 X COMMERCIAL GENERAL LIABILITY 710-00-59-52-0001 05/01/2005 OS/01/2006 DAMAGE TO RENTED 5 1,0001000 CLAIMS MADE 7XOCCUR MB➢EXP(AAy pne person) S 10,000 A PERSONAL&ADV INJURY S 11000,000 GENERAI,AGGREGATE S 2.000,000 GEM L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP ACG S 2,000,000 POLICY JET F7 LOC AUTOMCEILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Eoae6denl) $ 1.000,00O ALL OWNED AUTOS 710-00-59-52-0001 OS/01/2005 05/01/2006 BODILY INJURY SCHEDULED AUTOS (Per person) S A X HIREDAUTOS BOO S X NON-0WNED AUTOS (PPa acelde aoGdent)U PROPERTY DAMAGE S (Per oeeidenl) GARAGE UARJUTY AUTO ONLY.EAACCIDENT S ANYAUTO OTHER THAN EAACC S AUTO ONLY; AGG 5 EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE $ § DEDUCTIBLE § RETENTION $ § WORKERS COMPENSATION AND WC STATU• oTH• EMPLDYERI NO COVERAGE PROVIDED EL EACH ACCmEi s ANY PROPRIETORICTDRIPARPARTNER/EXECUTIVE OFFICEHIMEMBER EXCLUDED? THROUGH MCCART E.L.DISEASE-EA EMPLOYE s If yes,describe under SPECIAL PROVISIONS hcl- EL DISEASE-POLICY LIMIT I S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: Evidence of Insurance ity of Palm Springs, its officials, employees and agents, are Additional Insured as required by ontract only as respects General Liability & Auto Liability. This insurance is primary and non- ontributory. Waiver of Subrogation applies. [see Also Form #VCG 221 10 98 Additional Insureds by Contract, Agreement or Permit.] CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Palm Springs 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: City Clerk BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO caLIGATION OR LIABILITY 3200 E. Tahquitz Canyon Way OF ANY IUND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Palm Springs, CA 9ZZ62 AUYROWTED REPRESENTATIVE n Tina Gi17 IGBYA ACORD 25(2001108) OACORD CORPORATION 15138 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL.LIABILITY COVERAGE FORM The WHO IS AN INSURED section is amended to include as an insured any person or organization with wham you agreed in a written contract, written agreement or permit to provide insurance such as Is afforded under this Coverage Part, but only with respectto your operations, "your work"or facilities owned or used by you, This provision does not apply: t. Unless the written contract, agreement or permit has an effective date and has been issued prior to the "bodily injury", "property damage", "personal and advertising injrfry" or "personal injury" or "advertising injury" (whichever definitions are used In your policy); 2. To any person or organization included as an insured under the Additional Insured - Broad Form Vendors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. To any lessor of equipment; a. After the equipment lease expires;of b. If the"bodily injury". °property damage", "personal and advertising injury"or"personal injury" or"advertising injury"(whichever definitions are used in your policy), arises out of the sole negligence of the lessor; S. To any person or organization it the "bodily injury", "property damage", "personal and advertising injury" or "personal Injury"or"advertising injury" (whichever definitions are used in your policy),arises out of the rendering of or failure to render professional services by or for you; fi. To any: a. Owners or other interests from whom land has been leased; or b. Managers or lessors of premises it (1) The"occurrence"takes place after you cease to be a tenant in that premises;or (2) The "bodily injury", "property damage", "personal and advertising injury" or "personal injury" or "advertising injury"(whichever definitions are used in your policy),arises out of structural alterations, new construction or demolition operations performed by or ad behalf of the owners or other interests from whom land has been leased. VCG 211 10 99 Includes copyrighted material or Insurance services Office,Inc. Page T of 1 ®,Atlantic Mulual Issuance Company,1999 PRODUCER CERTHOLOER COPY SP STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPI_NSATION INSURANCE ISSUE DATE: 01-21-2009 GROUP: POLICY NUMBER: 1780828-2008 CERTIFICATE ID: 45 CERTIFICATE EXPIRES:05-01-2009 05-01-2008/05-01-2009 CITY OF PALM SPRINGS SP PO BOX 2743 PALM SPRINGS CA 92263-2743 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 pollcq 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 ley the policy listed herein. Notwithstanding any requlrerrent, term or condition of any contract or other document wdh 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- �J TMORI2ED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1.000,000 PER OCCURRENCE. ENDORSEMENT A2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05-01-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ARTHRITIS FOUNDATION OF SOUTHERN CALIF SP 4060 CHESTNUT ST RIVERSIDE CA 92501 [514,5P] IREV,2-05) PRINTED : 01-21-2009 CITY OF PALM SPRINGS EXHIBIT D Beneficiary Qualification Statement Project/Activity Title: Protect Number: Arthritis Foundation, Inc. /Scholarship Program 0001 Name/Address of Provider: Arthritis Foundation, Inc. 73-710 Fred Waring Drive, Suite 104 Palm Desert, CA 92260-2510 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/activily. 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 boarders cannot be included as household members. 2. Circle your combined gross annual income(Riverside-San Bernardino,CA—02It 1/05) MEDIAN NUMBER OF PERSONS IN YOUR HOUSEHOLD: INCOME 1 2 3 4 5 6 7 a LEVEL VERY LOW INCOME S19,500 S22,250 $25,050 S27 850 S30,050 $32,$00 $34,600 $36,750 Below 50% LOW INCOME $31.200 $35,650 S40,100 $44,550 $48,100 S51700 $55,250 $58,800 51-80% MODERATE INCOME 546,750 $53.450 $60,100 $66,800 $72,150 $77,500 $32,850 $88200 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/Afrimn American ❑ Native Hawaiian or Other Pacific Islander ❑ Other: HISPANIC/LATINO ETHNICITY ❑ Yes ❑ No If yes check one: 0 Mexican/Chicano ❑ Puerto Rican ❑ Cuban ❑ Other, 4. Are you area female Head of Household? ❑ YES 0 NO 5. 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 mformatlon you provide on this form is confidential and is only utilized for Community Development Block Grant(CDBG)pmgram purposes,a Federally-Funded pmgram,governmental reporting purposes to monitor compllance CITY OF PALM SPRINGS EXHIBIT E Program Progress Report Project/Activity Title, Protect Number: Arthritis Foundation, Inc. /Scholarship Program 0001 Name/Address of Provider,- Arthritis Foundation, Inc. 73-710 Fred Waring Drive, Suite 104 Palm Desert, CA 92260-2510 PROGRAM PROGRESS REPORT Period DIRECT BENEFIT REPORT ♦ Number of First-Time Program Beneficiaries Serviced: #of Households #of Persons 0-50%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 — Slack/African American AND White American Indian or Alaskan Native American Indian/Alaska Native AND BlackWAfrncan 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 Pro ect/A� ctivity Title: Project Number: Arthritis Foundation, Inc. /Scholarship Program 0001 Name/Address of Provider: Arthritis Foundation, Inc. 73-710 Fred Waring Drive, Suite 104 Palm Desert, CA 92260-2510 BENEFICIARY QUALIFICATION STATEMENT Approved Curront Prior Total . Grant' Description: Grant Ran) umemenR Reimbursemant, YTD Balance Amount . period' pedod(e) ftaimbursement (Overt Under) Scholarships $15,000.00 TOTAI. I CERTIFY THAT, (a) the City of PALM SPRINGS, as grantee of the CUBG, 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, Labgr Standards The PROVIDER agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-eaten 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 2760)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'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 1068, as amended, 12 U.S.0 1701. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to law- 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 10=0d, 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. .Y SUIBRECIPIENT AGREEMENT nd THIS AGREEMENT (herein "Agreement"), is made and entered into this �day of WLVy, 200 k by and between the CITY OF PALM SPRINGS, (herein "City), a municipal corporation and charter city, and the Arthritis Foundation, 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 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 Sco e off 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. 1A Financial Reporting. Any Provider receiving or due to receive or due to receiver $20,000.00 or more from the City during the 2004 — 2005 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 315�of the current fiscal year. 4� 2.0 COMPENSATION. 21 • Contract Sum. The City shall pay to the Provider on a reimbursable basis for its services a sum not to exceed THIRTEEN THOUSAND DOLLARS ($13,000.00) (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. 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: 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 Assipnm_ent. 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 - 2 - 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. 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 at41 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); - 3 - (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; (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 Pairt 35 issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.); (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$25,000 is either: (i) Used to meet one of the national objectives in Section 570.208 (formerly Section 570.901) until five years after expiration of the agreement, or for such longer period of time a$ 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. (Ro 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 -4- 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). 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 Tahquitr Canyon Way Palm Springs, CA 92262-6959 Attn: City Manager - 5- WITH COPY TO- City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262-6959 Attn: City Attorney TO PROVIDER. F� /IJ 5��UA4rfvr/ c F _cU. Nr2i� Sri !oy 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 AT a municipal corporation it lerk d`7i��Z P City Manager APPRez�llollllx�t--X-. S TO FORS APPROVED BY CITY COUNCIL rr By: City Atto> ey 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, Assistant Treasurer, or Chief Financial Off er). By: By: Nat d Signature of Chairman of Board, Notariz O Signature Secretary, Asst Secretary, /President or any Vice President Treasurer,Asst Treasurer.or Chief Financial Officer Name: rf�r��� �/ Name: ro V4^I dig( r f Title: �SrOill G Title: C �d State of 1 State of County of Iss TL County of �5$ On before me, On hef me, �V sonally appeared ,persor]aH appeared personally known personally known tom r pYeved to me on C asis of satisfactory evidence) to me(or proved to me on the b of satisfactory evidence) to be the p6rson(s) wh name(s) is/are subscribed to the to be the person(s) whose y e(s) is/are subscribed to the Within instrument a acknowledged to me that he/she/they within instrument and owledged to me that he/she/they executed the s e in his/her/their authorized eapacity(ies), executed the same his/her/their authorized capacity(ies) and that b is/her/their signature(s) on the instrument the and that by hi r/their signature(s) on the instrument the person or the entity upon behalf of which the person(s) person(s), he entity upon behalf of which the person(s) act ,executed the instrument. ;acledre cuted the instrument WITNESS my hand and official seal NESS my hand and official seal. Notary ota Signature: Signature: Notary Seal: Notary Seal 8ubrocdpAgrmnuu1a4 - 7- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �JI �. County of—I 25 Qf l nn _Ls O � before C G, , Odle 1•I1,11•In I N,mr;find111N1.1 the 011icor personally appeared L{IaLA?� D( 1CL�Pt� �f �4D_ I Namelsl of Signeral who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)jeare subscribed to the within instrument and acknowledged to me that /they executed the same inl /their authorized capacity(ies), and that bye/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SNEMLADAM I certify under PENALTY OF PERJURY under the laws N*"KCorniviiiiaon�CMr� of the State of California that the foregoing paragraph is III ArKWnC u* — true and correct. 6jMVC0mm.EVN=Jur13.2 WITNESS my hand and official seal. Signature �l-P�2.b2 1 �2� Place Notary Seal Above F Signature otary Public I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document r / Title or Type of Document (.J grp_�-IF Document Dates l` 2I o� Number of Pages: Gf� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) �( Signer's Nam,-_M"LI lo�CL Signer's NameZ� yLlP 1(�, �X LJ Individual cc ❑ I dividual G.VCorporate Officer•—Title(s): L�� Corporate Officer—Title(s): GrU [IPartner—❑ Limited ❑ General ❑ Rartner—❑ Limited ❑ General _ ❑ Attorney in Fact ❑Attorney in Fact El Trustee ❑Trustee Ton of thUmh hero TQp oilhumn here ❑ Guardian or Conservator _-- - - Cl Guardian or Conservator -- 11 Other: - - ❑Other. -- Signer is Re resenting, !!rr- °':' ` Signer iYRepresenting: + da 02007NaConai Notary Aesoclallon•9950 Oe Solo Ave P.OSo%2402•Clf,L•wodh CA 91212-2402-..Nmon,iNoii org liom*590] Rnordcr CpIl Toil-I 1.200,9]G.0I wY.A:r' '�15�y:�� ���:�;, GSA°ac ,. ;.r•;;,�.�:,.r�c;a.i� CITY OF PALM SPRINGS EXHIBIT A Scope of Services Project/Activity Title: Protect Number: Arthritis Foundation, Inc. / Scholarship Program 0005 Name/Address of Provider, Arthritis Foundation, Inc 73-710 Fred Waring Drive, Suite 104 Palm Desert, CA 92260-2510 O biectives/Activities The intent of this program is to provide the opportunities of medically-supervised programs and services which includes PACE (People with Arthritis Can Exercise) Land-based and warm water exercise program and educational programs on diet, medications, joint-sage exercise, non-traditional forms of treatment, doctor-patient relationships, communication skills, and fatigue, pain and stress management. This will be accomplished through scholarship funding for very low-to-moderate income residents The Foundation will serve 3,750 very low to moderate income 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 keening 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.) with special outreach to minorities. TARGET DATE ACTIVITY#1 On-Going Draft a promotional piece(s) and submit to City for approval. Advertise in the Desert Sun and minority media outlets. Submit final publication to City. Objective 4: Enroll and income qualify at least a total of three thousand seven hundred and fifty (3.750) very low to moderate-income Palm Springs residents TARGET DATE ACTIVITY#1 On-Going Provide Foundation opportunities to eligible Palm Springs residents. Applicants must meet criteria in Exhibit D Maintain records of names, addresses, demographics and service dates for all assistance. Objective 5: Maintain records for all CDBG activities related to thprogram. 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 quarterly 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: Provide Foundation opportunities to eligible Palm Springs residents 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 (15) calendar days of the program completion or final reimbursement. TARGET DATE ACTIVITY#1 07/15/05 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. Arthritis Foundation, Inc. / Scholarship Program 0005 Name/Address of Provider: Arthritis Foundation, Inc. 73-710 Fred Waring Drive, Suite 104 Palm Desert, CA 92260-2510 _ BUDGET SUMMARY ^COST CATEGORY CDBG OTHER TOTAL SHARE SOURCES COST 1 Personnel $ $ $ 2 Consultant/Contract Services $ $ $ 3 Travel $ $ $ 4 Space Rental $ $ $ 5 Consumable Supplies $ $ $ 6 Rental, Lease or Purchase of $ $ $ Equipment 7 Insurance $ $ $ 8 Other- $13,000. $15,000. $28,000. Scholarships $3.50/Person $ $1,280, $1,280, Educational Materials _ __�..$ $1,720. $1,720. Support& Self-Help Groups $ $5,000. $5,000- Pharmaceutical Underwriting $13,000. $23,000. $36,000. TOTALS "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. Other funding sources include fundraising activities conducted through the Agua Caliente Band of Indians Tribe, Pharmaceutical Companies, City of Rancho Mirage and private donations. The Subrecipient shall receive reimbursements in accordance with the aforementioned cast categories and line items. The program will pay for 3,750 scholarships at$3.50 each. Payments, approved by the Subrecpient and based upon the actual number of income eligible scholarships awarded in the prior period, shall be paid by the 30�" 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 the twelve-month period of this 2004— 05 Program Year—July 1, 2004 through June 30, 2005, CITY OF PALM SPRINGS EXHIBIT C Insurance Inventory Project/Activity Title, Project Number Arthritis Foundation, Inc. /Scholarship Program 0005 Name/Address of Provider. Arthritis Foundation, Inc. 73-710 Fred Waring Drive, Suite 104 Palm Desert, CA 9 226 0-25 1 0 INSURANCE INVENTORY LIABILITY INSURANCE POLICY Name of Provider's Insurance Company Atlantic Specialty Insurance Company Effective Dates of Policy 05/18/04 to 05/01/05 Claims Made Policy / / Per Occurrence Polices / / Limits of Liability 2 million General Aggregate Deductibles: Per Occurrence Annual Aggregate Additional Insured Endorsement (Certificate Holder) ❑Yes ❑ No Original Certificate of Insurance Attached ❑ Yes Q No WORKER'S COMPENSATION POLICY Name of Provider's Insurance Company State Fund Effective Dates 05/01/08 to 05/01/09 Limits of Liability_ $1 million Underlying Coverage Limits Unlimited Original Certificate of Insurance Attached 0 Yes Z No ACORDTB CERTIFICATE OF LIABILITY INSURANCE 08119/200a PRODUCER 770.232.0202 FAX 770.232.9202 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION McCart Insurance & Risk Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2405 Satellite Boulevard A2D0 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Duluth CA 30096 INSURERS AFFORDING COVERAGE NAIC# RISUReo ARTHRITIS FOUNDATION INSURERA. ASIC (Atlantic Specialty Ins. Co ) Southern California Chapter INSURERS 4311 Wilshire Blvd. #530 INSURER Los Angeles CA 90010 INSURER❑ INSURER E C VE AGE 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 IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADM TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY E%PIMT ON LIMITS Jim INAIN —DAMfMMJDD[YY1 DATE GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 X COMMERCIAL GENERAL LIABILITY 710-00-59-52-0000 05/18/2004 OS/01/2005 DAMAGETORENiED s 1,000,000 CLAIMS MADE FRIOCCUR MED E, P(My we person) S 10 DDD A PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE S 2.000.000 GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAM S 2,000.006 POLICY m LDC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 X ANYAUTO (F. ...jdeop) 11000,000 ALLOWNEDAUTOS 710-00-59-52-0000 05/13/2004 05/01/2005 BODILYINJURY 5 A SCHEDULEDAu7D5 (Pcr pmw) X HIRED AUTOS BODILY INJURY X NON•OWNED AUTOS (PcrPWdcn1) § PROPERTY DAMAGE § (Perecclden) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 5 ANY AUTO OTHERTHAN EAACC 5 AUTO ONLY: AGG 5 LXCESWUMBRELLA LIABILITY EACH OCCURRENCE 5 OCCUR ❑CLAIMS MADE AGGREGATE S 5 DEDUCTIBLE g RETENTION S § WORKERS COMPENSATION AND WC STAT U• OTH- EMPLOYERS'LMBIUTY NO COVERAGE PROVIDED EL EACH ACCIDENT s ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S If Yes,de jbe under SPECAL PROVISIONS balm E.L.DISEASE-POUCYUMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONs I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E; Evidence of Insurance ity of Palm Springs, its officials, employees and agents, are Additional Insured as required by antract only as respects General Liability & Auto Liability. This insurance is primary and non- ontributory. Waiver of Subrogation applies, [See Also Farm NVCG 211 10 98 Additional Insureds by Contract, Agreement or Permit.] CERTIFICATF.HOLDER SHOULD PRY OF THE ABOVE DESCRIBED FOUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Palm Springs 30 DAYS W n7rEN NOTICE TO THE CERTIFICATE HOLPER NAMED TO THE LEFT, Attn: City Clerk BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIMIUTY 3200 E. Tahquitz Canyon Way OFMYIONb UPON THE INSURER.ITS AGENT50R REPRESENTATIVES. Palm Springs, CA 92262 AUTHORED REPRESENTATIVE Tina Gill MICBYA lyh'I p� ACORO 25(2001/08) OACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL) IT CAREFULLY. ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The WHO IS AN INSURED section is amended to include as an insured any person or organization with whom you agreed in a written oontract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respeetto your operations,"your work"or facilities owned or used by you. This provision does not apply: L Unless the written contract, agreement or permit has an effective date and has been issued prior to the"bodily injury", "property damage", "personal and advertising injury" or 'personal injury" or "advertising injury" (whichever definitions are used in your policy); 2. To any person or organization included as an insured under the Additional Insured - Broad Form Vendors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. To any lessor of equipment; a. After the equipment lease expires;or b. If the"bodily injury", "property damage","personal and advertising injury"or"personal injury"or"advertising injury"(whichever definitions are used in your policy),arises out of the sale negligence of the lessor; 5. To any person or organization if the "bodily injury", 'property damage", "personal and advertising injury" or "personal injury"or"advertising injury"(whichever definitions are used in your policy),arises out of the rendering of arfailure to render professional services by or foryou; 6, To any: a. Owners or other interests from whom land has been leased;or b. Managers or lessors of premises if: (1) The"occurrence"takes place after you cease to be a tenant in that premises; or (2) The "bodily injury "property damage", "personal and advertising injury" or "personal injury" or "advertising injury"(whichever definitions are used in your policy),arises out of structural alterations, new construction or demolition operations performed by or on behalf of the owners or other interests from whom land has been leased. YCG 21110 98 Includes copyrighted material of Insurance Services Office,Inc. Page 1 of 1 ®,Atlantic MuWal insurance Company,1998 PRODWER POLICYHOLDER COPY SIR STATE P.O. BOX 420807, SAN FRANCISCO,CA 94 1 4 2--080 7 COMPENSATION 114SU RAN CE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-21-2009 GROUP: POLICY NUMBER: 1786628-2008 CERTIFICATE ID: 45 - CERTIFICATE EXPIRES:05-01-2009 05-01-2008/05-01-2009 CITY Or PALM SPRINGS SIR PO BOX 2743 PALM SPRINGS CA 92263-2743 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 excapt 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 polley described herein is subject to all the terms, exclusions, and conditions, of such policy. =10RIZE1REPRESENTATI C PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1.000,000 PER OCCURRENCE. ENDORSEMENT N2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05-01-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ARTHRITIS FOUNDATION OF SOUTHERN CALIF SP 4080 CHESTNUT ST RIVERSIDE CA 92501 [814,SP] (REV.2-051 PRINTED : 01-21-2009 CITY OF PALM SPRINGS EXHIBIT D Beneficiary Qualification Statement Project/Activity Title: Project Number: Arthritis Foundation, Inc. /Scholarship Program 0005 Name/Address of Provider Arthritis Foundation, Inc 73-710 Fred Waring Drive, Suite 104 Palm Desert, CA 92260-2510 BENEFICIARY QUALIFICATION STATEMENT This statement must be completed and signed by each person or head of household (legal guardian) receiving benefits form the described prolect/activity Please answer each of the following questions. i. HOW many persons are in your household? For this question a household is a group of related or unrelated persons occupying the same house with at least one member being the head of the household. Renters, roomers,or boarders cannot be included as household members. 2. Circle your combined grass annual income(Riverside-San Bernardino,CA—01128104) MEDIAN NUMBER OF PFR$ONS IN YOUR HOUSEHOLD: INCOME 1 2 3 4 5 6 7 8 LEVEL VERY LOW INCOME $19,000 $21.700 $24,450 $27,150 $29300 S31,500 $33,650 S35,850 Below 50% LOW INCOME 530400 S34,750 S39,100 S43,450 $46,900 $5,400 $W.850 $57,350 51 —60% MODERATE INCOME 345,600 $52,100 $58,$60 $66,150 $70.350 S75550 S80800 S86,000 120% 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: 0 Mexican/Chicano ❑ Puerto Rican ❑ Cuban ❑ Other 4. Are you are a female Head of Household? ❑ YES ❑ NO 5. Do you have a disability? ❑ YES ❑ NO If YES,please describe: ACKNOWLEDGEMENT AND DISCLAIMER I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSHOLD STATEMFNTS 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 Program Progress Report Proiect/Activity Title: Project Number: Arthritis Foundation, Inc. / Scholarship Program 0005 Name/Address of Provider Arthritis Foundation, Inc 73-710 Fred Waring Drive, Suite 104 Palm Desert, CA 92260-2510 PROGRAM PROGRESS REPORT Period: DIRECT BENEFIT REPORT ♦ Number of First-Time Program Beneficiaries Serviced #of Households #of Persons 0-50%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 81ack/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 Mexican/Chicano Puerto Rican Cuban T Other: ♦ Number of Disabled: ACCOMPLISHMENT NARRATIVE LEVERAGING RESOURCES NARRATIVE Signed Title Date CITY OF PALM SPRINGS EXHIBIT F Request for Reimbursement Prolect/Activity Title: Project Number: Arthritis Foundation, Inc. / Scholarship Program 0005 Name/Address of Provider, Arthritis Foundation, Inc. 73-710 Fred Waring Drive, Suite 104 Palm Desert, CA 92260-2510 BENEFICIARY QUALIFICATION STATEMENT Approved Current Prior Total Grant Gescrlptlan Grant Reimbursement Reimbursement YTD Balance Amount Period Period(s) Reimbursement (Overt lender) Scholarships $13,000.00 TOTAL � $13,000.00 ���� 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. Y 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 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'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 loaint 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 law-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.