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HomeMy WebLinkAbout05636 - FAMILY YMCA OF THE DESERT CDBG SUBRECIPIENT AGR DOCUMENT TRACKING Page:1 Report: One Document Detail October 14,2010 Condition: Document Numbera5636, Document# Description Approval Date Expiration Date Closed Date A5636 Public Facilities Improvements CDBG FY 2008.09 04/02/2008 ,ompany Name: Family YMCA of the Desert address: Terri Bona,Director of Fund Development, 43-930 San Pablo,Palm Desert,CA 92260 :ontact: Ms.Bona Troup: COMMUNITY&ECONOMIC Contract Amt. Total Paid Balance )ervice: In File $15,000.00 $15,000.00 ;Ref: DALE COOK 760 323-8198 ns.Status: Certificate and Policies are OK Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid kdh to CM for sig distrib to Dale C IN FILE 12/15/2008 12108/2009 kdh Res 22193 Item 1A 04/02/2008 $15,000.00 *** **ENDOFREPORT****** N 4 SUBRECIPIENT AGREEMENT THIS AGREEMENT (herein "Agreement"), is made and entered into this day of December, 2008, by and between the CITY OF PALM SPRINGS, (herein "City), a municipal corporation and charter city, and the Family YMCA of the Desert , (herein 'Provider'). WHEREAS, the City has entered into various funding agreements with the United States Department of Housing and Urban Development ("HUD"), which agreements provide funds ("CDBG Funds") to the City under the Federal Housing and Community Development Act of 1974 (42 U.S.C. Section 5301 at sec.), 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. 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 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 2008—2009 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 si of the current fiscal year. /� Pam ' 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 ($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. 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 Provider's respective employees, as set forth in OMB Circular A-122 Attachment B.6. 2.3 Draw Downs. Failure by Provider to request reimbursement or encumbrance of at least 25% of the total grant by the end of each fiscal year quarter (September 30, December 30, March 31, and June 30) shall result in the immediate forfeiture of 25% of the total grant. 3.0 COORDINATION OF WORK. 3.1 Representative of Provider. The following principals of Providers are hereby designated as being the principals and representatives of Provider authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Terri Bona. Director of Fund Development Alison Elsner, Associate Executive Director Rob Ballew, Chief Executive Officer _ 3.2 Contract Officer. The Contract Officer shall be such person as may be designated by the chief administrative officer of City. 3.3 Prohibition Against Subcontracting or Assignment. Provider shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Provider, its agents or employees, perform the services required herein, except as otherwise set forth herein. Provider shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 COMPLIANCE WITH FEDERAL REGULATIONS. 4.1 The Provider shall maintain records of its operations and financial activities in accordance with the requirements of the Housing and Community Development Act and the regulations promulgated thereunder, which records shall be open to inspection and audit by the authorized representatives of the City, the Department of Housing and Urban Development and the Comptroller General during regular working hours. Said records shall be maintained for such time as -2 - 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. 4.2 The Provider certifies it shall adhere to and comply with the following as they may be applicable. (a) Submit to City through its Community and Economic Development Department semi-annual reports on program status; (b) Section 109 of the Housing and Community Development Act of 1974, as amended and the regulations issued pursuant thereto; (c) Section 3 of the Housing and Urban Development Act of 1968, as amended; (d) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations at 41 CFR Chapter 60; (e) Executive Order 11063, as amended by Executive Order 12259, and Implementing regulations at 24 CFR Part 107; (f) Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112), as amended, and implementing regulations; (g) The Age Discrimination Act of 1975 (P.L. 94-135, as amended, and implementing regulations; (h) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition at 24 CFR Part 42; (i) The restrictions prohibiting use of funds for the benefit of a religious organization or activity as set forth in 24 CFR 570200 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 Part 35 issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et sea.), (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 CDBC 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 570208 (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 -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 ($500,000). 5.2 Indemnification. The Provider shall defend, indemnify and hold harmless the City, its officers and employees, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person($), 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 parry desires or is required to give to the other parry shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below, or such other addresses as may from time to time be designated by mail. TO CITY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262-6959 Attn: City Manager - 5- WITH COPY TO- City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262-6959 Attn, City Attorney TO PROVIDER. Family YMCA of the Desert 43-930 San Pablo Palm Desert, CA 92260-9312 7.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. [ End—Signatures on Next Page] - 6 - CITY OF PALM SPRINGS FyClerk a municipal corporation r /2'/ City Manager APPROVED S—6FORM• APPROVED BY CITY COUNCIL v 1 _ City Att may PROVIDE Check one: —individual —Partnership =Corporation (Corporations require two notarized signatures: One signature must be from the Chairman of Board, President, or an Vice President. The secon signature must be from the Secretary, Assistant Secret reas�rer, Assistant Treasurer, or C i 'f Financial Offlcer). By: l/ rxi � By:Ac4 I Notarized Signature of Chairman of Board, a Notarized Signature Secretary,Asst Secrete , President or any Vice President Treasurer Asst Treasurer or Chief Financial Officer Name: Xl�-h G nF /C Name: ��e g, A Title: C((yy(7ig, r Title: State of ;�1� State of County of N iVe.f S i A Jss County 11of a ye t,Sd( ss On 11 UbUQb'\\yapp aa, -aoo7 + before me, On 1V C'+Uf�6'4L��C rr�S� �.{.,L,Y� before me, I(L a\LYti V. ICr� wli cpersonally appeared �PQLI_ ut��c, 1�,��l�.P yS�'p��lnff,eelsonally appeared rLLti't TCL F'Y-' personally known �('F����/ P �I CU_J ezj personally(mown to me(or proved to me on the basis of satisfactory evidence) to me(or proved to me on the basil factory evidence) to be the person(%whose name(5A is/are subscribed to the to be the pemon('4 whose name(s is/are-subscribed to the within instrument and acknowledged to me that ho/shaidh y within instrument and acknowledged to me that he/she/tl ey executed the same in his/heO*eir authorized capacity(i executed the same in hislharA4ar-authorized capacity(-}, and that by his/kerkheir signature(U on the instrument the and that by his/hei;#elr s gnture(F¢an the instrument the porson(�O, or the entity upon behalf of which the porson(W porsonM or the entity upon behalf of which the person(te acted,executed the instrument. acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature:V�e ,p, 0'LL^6-- Notary Signature:C,� Notary Seal: 1J Notary Seal: DEIANNA D.MYERS DEtANN►,D.MYERS'.. CommisYonM 15426M ------ - commillowY 1542600 =CeuWY �r Pubic-Callill Nlrankle court MYGanNrw *l Comm. Jun25 2 YMCA_SulbrecipAgmmLOCOII — PALM SPRINGS ' . EXHIBIT A Scope of Services ProiectlActiyity Title: Project Number: Family YMCA of the Desert Public Facility Improvements 0002 Name/Address of Provider: Family YMCA of the Desert 43-930 San Pablo Avenue 3601 E Mesquite Ave Palm Desert, CA 92260 Palm Springs, CA 92263-9530 O b i e c tiveslActiy i t i es The intent of this program is to provide after-school programs for at-risk children of low and moderate income households. This will continue the YMCA's renovation efforts to the facility by replacing the facility's exterior doors with new metal gym doors and install ADA compliant power-assisted door closures for the existing main front entrance doors. The YMCA also serves as one of the City's emergency shelters under the Fire Department's Emergency Preparedness Plan and houses one of the Fire Departments Disaster Medical Assistance Packages on their premise. Palm Springs'YMCA serves 2,660 residents on the westem portion of Coachella Valley of which 1,141 will be 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 satisfaclory 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 finsnciai 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 qualify at least a total of one thousand one hundred and forty-one (1,141)_low and moderate-income Palm Springs residents with improved access to the facility. TARGET DATE ACTIVITY#1 On-Going Provide direct client programming for Palm Springs residents. Maintain records of names, addresses, demographics and service dates for all assistance. Objective 5: Maintain records for all CDBG activities related to this orooram. TARGET DATE ACTIVITY#1 On-Going Document and maintain all records related to this program, Including those required, in accordance with HUD Regulations, in a stable and secure location. ACTIVITY#2 On-Going Submit Semi-Annual reports—referenced Exhibit E. Objective 6: Manage/monitor orogram activities. TARGET DATE ACTIVITY#1 On-Going Perform monitoring activities necessary to ensure that the program is being conducted in j compliance with the CDBG policies, federal regulations, and local statues, including Davis-Bacon Act, Copeland Act, and Non-discrimination/EEO requirements. Objective 7: Upgrade the roofing system on the lower roof section of the gym and replace the gym's seven evaporative coolers. TARGET DATE ACTIVITY#1 On-Going Conduct program activities to improve availability/accessibility in accordance with an open competitive' procurement process as stipulated in the proposal and in consultation with the City. Objective 3: Provide an evaluation within fifteen 15 calendar days of the program completion or final reimbursement. TARGET DATE ACTIVITY#1 07/15/08 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.) C.1TY;:DF' DAL ' . EXHIBIT B Budget Summary Project/Activity Title: Pro•ec�t Number: Family YMCA of the Desert Public Facility Improvements 0002 Name/Address of Provider. Family YMCA of the Desert 43-930 San Pablo Avenue 3601 E Mesquite Ave Palm desert, CA 92260 Palm Springs, CA 92283-9530 COST CATEGORY CDBG OTHER TOTAL SHARE SOURCES COST 1 Personnel - 0 - - 0 - - 0 - 2 Consultant/Contract Services - 0 - - 0 - - 0 - 3 Travel - 0 - - 0 - - 0 - 4 Space Rental - 0 - - 0 - - 0 - 5 Consumable Supplies - 0 - _ - 0 - - 0 - 6 Rental, Lease or Purchase of - 0 - - 0 - - 0 - Equipment 7 Insurance - 0 - - 0 - - 0 - 8 Other $15,000. - 0 - $15,000. � Job_Contract& Continge� ,lLail+in,ua? e:pCii="i?i:_ :=,� ii:iri:Fc—:'._-'_": , ,:c:�:a„:-r.,al.rbb..,....__Si41ux-m:'.::-, r�me._..,cr_t i l(.:,w.:•^$,..�,.. _ � vlc- c �i1' 4I,u=--:c , i .dx1.i_4_.:gaa;a'1.,.V_.. ,: _Ficlk_?.�_'tt:l„m c' ____:-,:::, a$lu>, ��.�a:.,:�:-_:_:_:._.ai lW vu+'i..r:L,..., - �..a;:'f!i,i'�:i iii__ si5-:il;=lk„�..1ia•F6:= _m ue... r ... .n., If costs are to be shared by other sources of funding, including CDBG funds from other jurisdictions, identify the source of funding, grantor/lending agency, and cost category information. Progress payments, approved by the Subrecipient and based upon the percentage of completed work, as outlined in the respective Professional Service Agreement and the Construction Agreement with a 10% retention, shall be paid by the 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- The Subrecipient shall receive reimbursements and/or its suppliers/vendors shall receive direct payments by way of a two-party check, in accordance with the aforementioned cost categories and line items which are subject to receipt of an acceptable requisition in the form of a monthly Request for Reimbursement. Services are to be performed over a twelve month period of July 1, 2008 through June 30, 2009 with funds allocated from 2008--09 Program Year. G -0 , PALM SPRIN, EXHIBIT C Insurance Inventory FromecVActivity Title- Project Number, Family YMCA of the Desert Public Facility Improvements 0002 Name/Address of Provider. Family YMCA of the Desert 43-930 San Pablo Avenue 3601 E Mesquite Ave Palm Desert, CA 92260 Palm Springs, CA 92263-9530 INSURANCE INVENTORY LIABILITY INSURANCE POLICY Name of Provider's Insurance Philadelphia Indemnity Effective Dates of Policy 01/01108 to 07/01/09 Claims Made Policy / I Per Occurrence Polic 1 X I Limits of Liability_ $2M General Aggregate Deductibles- Per Occurrence Annual Aggregate Additional Insured Endorsement (Certificate Holder) Z Yes ❑ No Original Certificate of Insurance Attached 0 Yes Z No WORKER'S COMPENSATION POLICY Name of Providers Insurance Company Tower Select Insurance Company Effective Dates 06101/08 to 06/01/09 Limits of Liability $1 M Each Accident Underlying Coverage Limits Original Certificate of Insurance Attached 0 Yes [a No xyDDn ACOW. CERTIFICATE OF LIABILITY INSURANCE PROPUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Desert Empire Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services,Inc. L1C#OF09643 HOLDER.THIS CERTIFICATE DOES NOTAMEND,EXTEND OR ALTERTHE COVERAGE AFFORDED eYTHE POLICIES BELOW. 77-SO4 Country Club Drive Palm Desert,CA 92211 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Philadelphia Indemnity 18058 Family YMCA of the Desert INSURER D. Tower Select Insurance Company 43-930 San Pablo Ave. rvsuRERc. Palm Desert,CA 92260 IrvsuRERD: INSURERE: COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY RrcUIREMENT,TERM OR CONDITION OF AM'CONTRACT OR OTHER DOCUMENT WITH RESPECTTO wHICFI 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. [ POLICY EFFECTIVE-CTIVE POLICY EXPIRATION LIMIT: LTR SR TYPECFINSURANCE POLICYNVMBER A PM!UL LIADIUTY PHPK283340 01/01/08 07/01709 aCHOCCURRENCE S1000000 X I COMMERCIAL GENERAL LIABILITY pR AGE TO RENTED $SD DDD CIAIMS MADE aOCCUR MEDESP(Anyanepemob) $5000 PERSONAL B ADV INJURY S11000.000 CENEP ACCREGATE 321000.000 CENIACCRECATE LIMITAPPLIES PER PRODUCTS-COMP/DP AGO 52000000 POLICY , O,T LOC A AUTOMOBILE LIABILITY PHPK283340 01/01/OB 07/01/09 COMBINED SINGLE LIMIT X ANY AUTO (Eaacod") 51,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Por PPron) $ X HIRED AUTOS &DOILY INJURY X NON-OWNED AUTOS (Per aecdenp 5 PROPERTY DAMAGE S (Per scodenp GARAGE UABILRY AUTO ONLY-EAACCIDENT E ANY AUTO OTHERTHAN EA ACC 3 AUTO ONLY: ABC S A EYCESnJUMBkELI-A LIABILITY PHUB103512 01/01/0S 07/01/09 EACH OCCURRENCE 510000D0 X1 OCCUR 7 CLAIMS MADE AGGREGATE 51006000 S PEPUcTIULE RETENTION S S fH B WORKERS COMPENSATION AND TSIWP7081379900 06/01103 06/01/09 X WRY)TMIY Tq FR' EMPLOYERS'LIASILITY ANY PROPRIETOR/PARTNERIEXECJTIVE E.L.EACH ACCIDENT 31,900 ODO OFFICEB/MEMeER EXCLUDED? FI DISEASE-EA EMPLOYEE1$1,000,000 ByE d PROEuPder GPECIAL PROVISIDNG below EJ—DLSE4sE-PCIJCV LIMIT 31,606,999 A OTHER PHPK2S3340 01109/08 07/01/09 1,000,000/1,000,000 Sexual/Phys Abuse -DESCRIPTION OF OPERATIONS I LOCATIONS(VEHIcL S;I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS it ll _jrl�•^"•^^�^^-`- ^- �L-,•_.I; j� `10 Day notice of cancellation for non-payment of premium.City of Palm Springs, its II'L'ij �y officers anellor employees are included as additional insured per attached endorsement on job described as Palm Springs YMCA Kitchen Remodel at 3601 E.Mesquite,Palm Springs,CA l 92264 per attached. City of Palm Springs is funding this project. "i�i L`: r' (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORe THE EXPIRATION City of Palm Springs••Attn: PATETHEREDF.T4lOISSUWGINSURERWILLENDEAVORTOMML ,_= DAYswRrTEN Dale Cook NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT,BUT FAILURE TO DO SO SHALL Box 2743 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR Palm Springs,CA 92263 REPRESENTATIVES. AUTHOMMD REPRESENTATIVE ACORD 25(2001/08)1 of 3 #S120116/M118919 2RCOT 0 ACORD CORPORATION 1986 POLICY NUMBER: PEPK283340 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANCES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED P _80NOR ORGANIZATION EM" This endorsement modifies insurance provided under the foflolmlng; COMMERCIAL GENERAL LIAS I LITY COVERAGE PART SCHEDULE Nume.Of Additional'Insured Personsj_Qv Qygani7atlon(o &jauke# as. reqaSxed.by written: ccnytwac=L aba eifective' &=Ing the PC'UaY Period as stated dn, the �licy decla-rafibns. Information rouized.to oQrnplete lbiq Schedule,.if not shown a4Qvq,will be shown li=i the Declaraftons. sp�ionl 11,—Who t� An, Itys'dr T.i ed is: amended to in- � .ad�lejo)IAHnE�red the person(sj a organt- zkpn(a,j,.SfioWa in t6e',Rdhedufe; but OpTy wifh respect ta'JlijAj� kir rbodif , Injury'", "`property damage" or �lpar-,6ni ilsfng .lajury" caused, In whole.or ircpalt, 4y yob Tdcts bromisslahs or'& acts,or 6mils- sldi%etf uos acflrlq oh your beihalf, A, or In. roriri.0 don with your premises cifted by or ranfed you. JUL 1 1 2008 ij �fl 1E 00',20 28 07 04 0 ISO ProperJes, Inc.,2004 Pager l.of 1 �ITY 'O F ,I I:, M SPRINGS EXHIBIT 1) Beneficiary Qualification Statement ProiecYActivity Title, Proiect Number, Family YMCA of the Desert Energy-Efficiency Improvements 0002 Name/Address of P ovider. Family YMCA of the Desert 43-930 San Pablo Avenue 3601 E Mesquite Ave Palm Desert, CA 92260 Palm Springs, CA 92263-9530 BENEFICIARY QUALIFICATION STATEMENT This statement must be completed and signed by each person or head of household(legal guardian) receiving benefits form the desorlbedproject/activlty, Please answer each of the following questlons- 1. How many persons are in your household? For this question a household is a group of related or unrelated persons occupying the same house with at least one member being the head of the household. Renters,roomers,or boAveers cannot be included as household members. 2. Circle your combined gross annual income(Riverside-San Bernardino,CA—02113108) AREA MEDIAN NUMBER OF PERSONS IN YOUR HOUSEHOLD: INCOME(AMI) 1 2 3 4 5 6 7 $ LEVEL EXTREMELY LO INCOME S14,000 $16,000 $18,000 $20,000 $21600 $23,200 S24,800 $26,400 0-30%ofAMI VERY LOW INCOME $23,300 $26.660 $29.950 533.300 $35,950 $38,650 $41,300 $43.950 31-50%ofAM1 LOW INCOME $37,300 $42650 $47,250 $53,300 $57,550 $61,850 566,100 S70350 51-80%of AMI MODERATE INCOME $52,100 I$59,500 $67,000t$74400 1 $80,400 $86.300 592,300 S98,200 81 3. What race/ethnicity do you Identify yourself as:please note that this self-identification is voluntary in accordance with equal opportunity laws? ❑ White Q American Indian or Alaska Native AND White ❑ BlacWAfrican American ❑ Asian AND White ❑ Asian ❑ Black/African American AND White ❑ American Indian or Alaskan Native ❑ American Indian/Alaska Native AND BIack/African American ❑ Native Hawaiian or Other Pacific Islander 13 Other. HISPANIC/LATINO ETHNICITY ❑ Yes ❑ No If yes,i cheek one:El Mexican/Chicano 0 Puerto Rican ❑ Cuban ❑ Other. 4. Please check,yes or_no if you are a female Head of Household? 0 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 infonnatlon you provide on this form Is confltlentlai and is only ubliked for Community Development Elpck Grant(COBG)program purposes a Federally-funded program,governmental reporting purposes to monllar compliance. EXHIBIT E Semi-Annual Program Progress Report PrDieCt/ActiyitV Title' Project Number: Family YMCA of the Desert Public Facility Improvements 0002 Name/Address of Provider: Family YMCA of the Desert 43-930 San Pablo Avenue 3601 E Mesquite Ave Palm Desert, CA 92260 Palm Springs, CA 92263-2530 PROGRAM PROGRESS REPORT Period: DIRECT BENEFIT REPORT + Number of First-Time Program Beneficiaries Serviced: #of Households #of Persons 0-30%below 31-50%below:— 51-80%below 120% below Number of First-Time Femalc Headed Households: Counts by RaceVEthnlcity: White — American Indian or Alaska Native AND White elack/Afriodn American Asian AND While_ Asian _ BlacklAfpcan American AND White American Indian or Alaskan Native American IndiardAlaska Native AND glacW/AFrican American Native Hawaiian or Other Pacific Islander Other. HISPANIC/LATINO ETHNICITY: Mexican/Chicano Puerto Rican Cuban Other Number of Disabled: ACCOMPLISHMENT NARRATIVE LEVERAGING RESOURCES NARRATIVE Signed Title Date :,. 1CITY;Q .PQL-N(15PRINGS: EXHIBIT F Request for Relmbursement Project/ActivftVTCtCe7 Proiect Number: Family YMCA of the Desert Public Facility Improvements 0002 Name/Address of Provider Family YMCA of the Desert 43-930 San Pablo Avenue 36D1 E Mesquite Ave Palm Desert, CA 92260 Palm Springs, CA 92263-9530 BENEFICIARY QUALIFICATION STATEMENT —�20 � '•H��t�4'. =1.'�riI}� 0_:r'k�ti„'!�. ,pr+e .o- .: _.�.r , o'r,��,l.g?i�l j6?���1�d�A_�7ui:'aL"=;��k��ir�`il�1;�N, 0..�" _ --- I-- ;"-( rtl�lnae I Other $15,D00- Job contract&Contm enc EMO— 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 terns 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. c,1y;9 ''PALM;I,`. 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.0 276a-276a-5;40 USG 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 performances of this oontraoL 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 I I regulallons,provisions meeting the requirements of this paragraph. 2. "Secfion 3 Clause" a. Compliance Compliance with the provisions of Section 3,the regulations set forth in 24 CFR 135,and all applicable rules and oAveers 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 subrecipicrits 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 1968r 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[he 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 ether public construction project are given to low-and very law-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 protect is located, and to low-and very low-income participants in other HUD programs; and award eontraefs for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazard), 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. i I The PROVIDER certifies and agrees that no contractual or other legal incapacity exists which would prevent compliance with these requirements. b. Notifications I The PROVIDER agrees to send to each labor organization or representative of workers with which it has a collective I 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. i