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HomeMy WebLinkAboutA3736 - CVHC HOUSING COALITION CDBG SUBRECIPIENT LOW INCOME AIDS CHRONIC TERMINAL ILLNESS CVHC Chuckwalla Self Help Program AGREEMENT #3736 Amend 1 R20577, 4-2-03 AMENDMENT# 1 TO SUBRECIPIENT AGREEMENT # 3736 WITH COACHELLA VALLEY HOUSING COALITION (CVHC) FOR CVHC CHUCKWALLA SELF-HELP PROGRAM . THIS FIRST AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES (# 3736 herein Agreement), is made and entered into this 2' day of 6' />,L` 1� 2003, by and between the City of Palm Springs (herein City), a municipal corpor tion, and Coachella Valley Housing Coalition (herein Provider), and amends that certain Agreement for contract services dated November 25, 1996, as amended, between the same parties, as follows: 1. The expiration date is hereby amended to June 30, 2003. 2.. EXHIBIT B, BUDGET SUMMARY, is hereby amended to add the following: Approved + or- Revision Amended Planning Studies - Financial Investigation, proformas, 8,000 +515.50 8,515.50 Financing Applications and Development Team Coordination SUB-TOTAL 8,000 +515.50 8,515.50 Construction/Rehabilitation - Construction/Rehabilitation 17,000 +3,986.22 20,986.22 Evaluation Legal 2,500 -2,500.00 - 0 - Environmental Study 5,000 -455.50 4,544.50 Site Control Costs 10,000 -3,309.16 6,690.84 Appraisals 5,000 -5,000.00 - 0 - Title Expenses 2,500 +6,762.94 9,262.94 SUB-TOTAL 42,000 -515.50 41,484.50 TOTAL $50,000 - 0 - $50,000.00 AND(DR AGREEMEN f IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date stated below. i ATTEST: CITY OF PALM SPRINGS, a municipal corporation City Clerk City Mam g� DATED this �° // day 2003. PROVIDER: Coachella Valley Housing Coalition By: Aam bhn F. Mealey Ti e. Executive Director ADDRESS: 45-701 Monroe Street, Suite. G Indio, CA 92201 i-lr �4;U'iUue'lilr iL 3 °734- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Riverside ,J i On August 13, 2003 , before me, Rosa M. Alvarado, Notary Public Date Name and Title of Officer(e g.,"Jane Doe,Notary Publil personally appeared John F. Mealey t Name(s)r of Slgner(s)- J ❑ personally known to me E proved to me on the basis of satisfactory evidence to be the person(s) whose name(s}- War. subscribed to the within instrument and acknowledged to me that he/shekbey executed the same in his/her-{their' authorized ROSA M. ALVARADO capacity(iesr and that by his/her-/their- Comm.k 1343775 si nature s on the instrument the erson e-� O p (�, or e NOTARY (our CALIFORNIANIA the entity upon behalf of which the erson-s Alverside county Y P P ( -)— ' I My Comm Expires Feb 16,2606 acted, executed the instrument. f J VyIT-NESS my hand and official seal. ( X) 0 IG'L Place Notary Seal Above Signature of Notary Public OPTIONAL I 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. ,J Description of Attach d Document J Title or Type of Document: J 1' Document Date: Number of Pages: Signer(s) Other Than Named Above l Capacity(ies) Claimed by Signer ,1 Signer's Name: IV AR • ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s) ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee �;. ❑ Guardian or Conservator ❑ Other: I Signer Is Representing: \ J I I 0 1999 National Notary Assocldllon•9350 De Selo Ave.,P.D.Box 2402•Chatsworth,CA 91 313-24 0 2•me nalionalnder,o, Pmtl.No.5907 Reorder.Call Toll-Free 1-800-876-BB27 CV Housing coalition Determine Hsg Needs Chronic or Term Ill Adults AGREEMENT #3736 SIIBRECIPIENT AGREEMENT R18828, CM Signed, 11-25-96 THIS AGREEMENT (herein "Agreement") , is made and entered into this _r?> day of �/J� ,,. _ . 1996, by and between the CITY OF PALM SPRINGS, (herein "City) , a municipal corporation, and the Coachella Valley Housing Coalition, (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 secs. ) , as amended from time to time (the "Act") , and the regulations promulgated thereunder (24 C.F.R. Section 570 et sea. ("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 CONTRACTOR. 1. 1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Provider shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference. Provider warrants that all services will be performed in a competent, professional and satisfactory manner. 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 -1- authorized representatives, any and all reports and information required for compliance with the Act and the Regulations. 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 Fifty Thousand Dollars ($50, 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: John F. Mealey 3 . 2 Contract Officer. The Contract Officer shall be such person as may be designated by the chief administrative officer of City. -2- 3 .3 Prohibition Against Subcontracting or Assignment. Provider shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. 3 .4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Provider, its agents or employees, perform the services required herein, except as otherwise set forth herein. Provider shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4 . 0 COMPLIANCE WITH FEDERAL REGULATIONS . 4 . 1 The Provider shall maintain records of its operations and financial activities in accordance with the requirements of the Housing and Community Development Act and the regulations promulgated thereunder, which records shall be open to inspection and audit by the authorized representatives of the City, the Department of Housing and Urban Development and the Comptroller General during regular working hours. Said records shall be maintained for such time as may be required by the regulations of the Housing and Community Development Act, but in no case for less than three years after the close of the program. 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 Economic Development Division 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; -3- • 0 (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 labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement and requirements; (j) The Program Income requirements as set forth in 24 C.F.R. 570 .504 (c) and 570. 503 (b) (8) ; (k) 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 ; (1) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution; (m) The flood insurance purchase requirements of Section 102 (a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) ; (n) 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. (o) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and implementing regulations issued at 24 CFR Part 1; (p) Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as amended; and -4- (q) 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. ) ; (r) 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. (s) Such other City, County, State, or Federal laws, rules, and regulations, executive orders or similar requirements which might be applicable. 4 . 3 The City shall have the right to periodically monitor the program operations of the provider under this Agreement. 5. 0 INSURANCE AND INDEMNIFICATION. 5 . 1 Insurance. The Provider shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against claims for injuries against persons or damages to property resulting from Provider's acts or omissions arising out of or related to Provider's performance under this Agreement. Provider shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' prior written notice of the proposed cancellation to City. A certificate evidencing the foregoing and naming the City as an ,additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Provider's obligation to indemnify the City, its officers, or employees. The amount of insurance required hereunder shall be as required by the Contract Officer not exceeding Five Hundred Thousand Dollars ($500, 000) . 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. -5- 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, color, creed, religion, sex, marital status, physical or mental disability, national origin, or ancestry 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, or ancestry. 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, California 92263 Attn: City Manager WITH COPY TO: Rutan & Tucker 611 Anton Blvd. , Suite 1400 Costa Mesa, California 92626-1998 -6- TO CONTRACTOR: Coachella Valley Housing Coalition 45-701 Monroe St. Suite G. Indio, CA 92201 Attn: John F. Mealey 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 this Agreement on the date first above written. THE IT OF PALM R GS, 14 Dated: By: City pager ATTEST: CX5Y Clerk APKNZ®VED BY THE APPROVED AS TO FORM: RUTAN & TUCKERz_- _-- City ' torney y CO T C : Dated: 9/6/96 By: John F. Mealey Name: Title: Executive Director -7- EXHMrr "A" SCOPE Or SERVICES Under the terms of this Subrecipient Agreement the PROVIDER shall: (1) Identify the target population's needs through existing studies that identify the housing needs of chronically or terminally ill adults who could live independently with supportive services and through technical assistance provided through Desert AIDS Project, Riverside County Office on Aging and other providers dealing with chronically ill adults. (2)Evaluate properties available in the Chuckwalla neighborhood as well as other City redevelopment areas suitable for rehabilitation or construction of housing for the chronically ill and determine the financial feasibility and source of funds for the project at that site. (3) Coordinate with the aforementioned service agencies regarding design and/or inclusion of community/leased space in the project. (4) Select propertie(s) and perform site evaluation of the project to include, when applicable, the following activities: Carle Search (planning and building)to determine potential violations. MeetingrvithBrd1dMg,Fire andflanning Officials to discuss the property and applicable codes, as well as planned site visit with all involved. Preparation of a site plan to identify buildings, units, major hard scape and landscape areas. Photographic srnvev of units,buildings and site for reference and for "existing condition" survey. Typical unit floor plans (,is appropriate). Photograph or draft elevations of main facades to serve as "base plan" for aesthetic upgrade: "before and after". 0. Written Description of major work and outline specifications Sketch or notation or.photographs for site improveprents-major landscape areas, new amenities, rework of hard scape, parking, etc. Review existing plumbing and piping conditions. 0. ,Site observation of 100% of units to note, conditions that will require rehabilitation and reconfiguration. 0. Preliminary structural analysis to identify possible needs for retrofitting, with preliminary calculations. Review options to upgrade energy conservation of units with Title 24. Review requirements for disability (ADA) accessibility. Discrnss the required and 'optional work" for bid purposes. (5) Perform due diligence investigation of the project site to include but not limited to the following activities: Legal review of all documents 0. Environmental assessments Site control ex ernses Appraisals Title Expenses Financial Feasibility Studies& Financing Applications EXHIBIT `B" BUDGET BUDGET SUMMARY TOTAL CDBG FUNDS I. Personnel Salaries &Wages $ $ Fringe Benefits $ $ Consultants & Contract $ $ Services $ $ II. Non-Personnel Space Costs $ $ Rental, Lease or Purchase of Equipment $ $ Consumable Supplies $ $ Travel $ $ Telephone $ $ Other Costs $ $ III. Planning Studies Professional Market Study $ 3,500* $ -0- Financial Investigation, proformas, Financing applications and Development Team coordination $ 10,000** $ 8,000** Technical Assistance from agencies 3,000 $ -0- SUB-TOTAL $ 16.500 $ 8.000 IV. Architectural/Engineering Design $ See VI $ See VI V. Acquisition of Real Property $ See VI $ See VI VI. Construction/Rehabilitation Construction/Rehabilitation Evaluation 17,000 1$ 7 000*** Legal $ 2,500 2,500 Environmental Study 5,000 5,000 Site Control Costs 10,000 10,000 Appraisals 5,000 5,000 Title Expenses 2,500 2,500 SUB-TOTAL $ 42.000 $ 42.000 TOTAL $ 58 500 50,000 Denotes value of in-kind services Includes salaries *** Includes architectural & engineering services niMnnv�� iusunnnce� The hanye or Company shown on the reverse sid number 2 / excess 1 CGs over Primary with Company shown on rove*ide as number \INsunnNce This cortificate sursedes any prevlously issued certificate THIS IS NO AN INSURANCE POLICY. THIS IS ONLY A VERIFICATION OF INS UB pe ANC :11 DOES NOT- N ANY WAY AMEND, EXTEND l ALIFR THE COVERAGE PROVIDED BY IHL POLICIES LISTED BELOW 7 N�mer1 COACHEL.LA VALLEY HOUSING COALITION ' Irsaac'rel 45-701 Ni0NP0E. ST SUITE G [xcessPolicyoiCertificateNunlber 1AW1ress , ��-__.PITM�'o q' 31 372 1490 97 41 I ND I O C A 9 2 2 01 `Agent Policy Number We certify that policies for the above Named Insured are in force as follows:' M-r, t Effective from: 2-6-96 yap)=„✓ ,� .- I,, -- to: at which time this certifi rate bsc6. es I VOID or continuous until cancelled. (Box "X'd" applies). COMMERCIAL GENERAL LIABILITY COVERAGE COMBINED PRIMARY & EXCESS LIMITS OF INSURANCE _ COVERED NOT COVERED GENERAL AGGREGATE LIMIT (Other LX1 ❑ PREMISES/OPERATIONS Than Products-Completed Operations) $ 1 , 000, a00 Lj ❑ PRODUCTS-COMPLETED PRODUCTS-COMPLETED OPERATIONS OPERATIONS AGGREGATE LIMIT $ I ,000, 000 PERSONAL & ADVERTISING INJURYLIMIT$ 1 , 000 , 000 EACH OCCURRENCE LIMIT $ 1 , 000, 000 FIRE DAMAGE LIMIT $ 50, 000 ANY ONE FIRE MEDICAL EXPENSE LIMIT $_5z00 _ ANY ONE PERSOi WORKERS' COMPENSATION T EMPLOYER'S LIABILITY INSURANCE LIMITS ^� COVERED NOT COVERED BODILY INJURY BY ACCIDENT $ _ each Accident ❑ K STATUTORY BODILY INJURY BY ACCIDENT $ each Employee BODILY INJURY BY ACCIDENT $ Polic7 Limit AUTO and/or GARAGE LIABILITY COVERAGE COMBINED LIMITS OF PRIMARY & EXCESS INSURANCE ❑ DEALERS (Plan 1) ❑ NON-DEALERS (Plan 11) COVERED NOT COVERED Bodily Injury $_ 000 each person. ❑ X Owned $ 000 each Accider ❑ K Hired Property Damage $ 000 each Acclden G0 ❑ Non-Owned Aggregate Lirri t $ '000 (Garage Plan Only) Single Limit Liability for Coverages checked [XI above. $ 1 , 000 - 000 each Acciden COVERED NOT COVERED $ , ,000 each Vehicle ❑ ® Cargo $ 000 each accurrep+ ^Described Deseriphon i OWNED ❑ below ❑ waived AUTOS YEAR, MAKE,TTYPE OF BODY, LOAD CAPACITY IDEiNT➢HCATION: KIUI IBE iF COVERED UMBRELLA LIABILITY Y� Umbrella Liability ! $ — ,000 retained limit POLICY NUMBER $ ,000 each occur renc 000 aggregate Upon cancellation or termination of this policy or policies from any cause we will mail _- 30_ days written notice to th other Interest shown below. Notice of cancellation of the primary coverage automatically terminates excess coverage. Certificate Issued To: Name THE CITY OF PALM SPRINGS actt ATTN : FRANCISCA TOSCAN es P .O . LOX 2743Addr PALM SPRINGS CA 92263 CC i nte'rsigned by Aulhonzed Rrpresentalive 01110 Only: Any person who, with intent to defraud or knowing that he z�f- iifs an application o files a claim Containing a false or deceptive statement is guilty of Insurance lik". ibmu sginI VrI. �'.,Ga aC6 RA;. CITY, n�42 �'* :« r Gesun ISi ❑ 11RAN eee (Over) d�^'d2Fah�4'frAlr..7fi Fa'iMm�cQ-�e,STpd i,,, �;^ ,�'R14 , l POLICY NUMBER: 1490 9, s i AMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS ORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: THE CITY OF PALM SPRINGS (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc , 1984 ❑