HomeMy WebLinkAbout04078 - DESERT AIDS CDBG SUBRECIPIENT VALA1 S City of Palm Springs
yk"= - Community Redevelopment Agency
MEMORANDUM
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Date: August 14, 2003
To: Barbara White, Assistant City Clerk
From: John Raymond, Director of Conununity&Economic Develo
Subject: Closinghermination of expired contracts
Yesterday I sent over a long list of expired contracts that had been reviewed by Dale Cook, the
Community Development Administrator, with instructions to close the ones indicated. These
were mostly CDBG contracts that have expired, the services provided, and the funds paid out.
The purpose of this memo is to inform you that I reviewed the list and concur with the
recommendation to close those indicated. Please keep a copy of this memo in the file of each of
the iderlified closed contracts.
Desert AIDS Project
Subrecip. CDBG Remodel Facil .
AGREEMENT #4078
CM Signed, 3-15-99
SUBRECI)PIENT AGREEMENT
THIS COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT (herein
"A r ment") , is made and entered into this &� day of
1999, by and between the CITY OF PALM SPRINGS,
(her in "City) , a municipal corporation, and the DESERT AIDS
PROJECT, (herein "Subgrantee") .
R E C I T A L S:
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 seq. ) , as amended from time to time
(the "Act") , and the regulations promulgated thereunder (24 C. F.R.
Section 570 et sec . ("Regulations") .
The Act provides that the City may grant the CDBG Funds
to nonprofit organizations for certain purposes allowed under the
Act.
The Subgrantee is a nonprofit organization which
operates or desires to operate a facility which is eligible for a
grant of CDBG Funds (the "Facility") which is located on that
certain real property in the City of Palm Springs, County of
Riverside, State of California, more particularly described in
Attachment No. 1 attached hereto and incorporated herein by
reference (the "Site") .
The City desires to assist in the operation of the
Facility by granting CDBG Funds to the Subgrantee to finance all
or a portion of the cost of a capital improvement to the Facility
(the "Project") on the terms and conditions more particularly set
forth herein.
The City will enter into an agreement (the
"Construction Agreement") with a contractor (the "Contractor") to
carry out the Project, which Construction Agreement will provide
that the City is to pay the CDBG Funds granted to the Subgrantee
hereunder directly to the Contractor to cover all or a portion of
the costs of the Project, pursuant to the terms and conditions
more particularly set forth herein.
NOW, THEREFORE, the parties hereto agree as follows :
1 . 0 RECITALS.
1 . 1 Recitals . The above Recitals are incorporated
herein and made a part of this Agreement.
2 . 0 SUBGRANTEE OBLIGATIONS .
2 . 1 Use of CDBG Funds . Subgrantee hereby agrees that
the CDBG Funds provided hereunder shall be used solely for the
Project pursuant to all the terms and conditions of this
Agreement . The Project is more particularly set forth in
Attachment No. 2 attached hereto and incorporated herein by
reference. The CDBG Funds shall be used solely for the actual
expenses of the Project that are set forth in the "Budget"
attached hereto as Attachment No. 3 and incorporated herein by
this reference.
2 . 2 Plans and Drawings . If the Project encompasses
any construction upon the Site, the work shall be performed in
accordance with construction drawings, working specifications, and
related contract (the "Plans and Drawings") documents approved by
the City in advance and in writing. The Plans and Drawings
including a performance schedule, shall be prepared by Subgrantee,
subject to all normal City approval requirements, and submitted to
City prior to bidding.
2 . 3 License to Construct Project . Subgrantee hereby
grants City and Contractor a license to enter upon the Site and to
perform any and all work thereon which the City, in its sole and
absolute discretion, deems necessary in order to complete the
Project .
2 . 4 Progress Payments. When Subgrantee receives
notice from City that a request for a progress payment ("Request
for Payment") has been received from Contractor, Subrecipient
shall have five (5) days to review the same and the stage of the
work and provide City with a written response (the "Response")
stating whether Subgrantee agrees that the work has been
satisfactorily completed to the level represented in the Request.
A failure of Subgrantee to timely respond shall be deemed an
approval. Once Subgrantee has approved a Request, Subgrantee
shall have no further right to challenge or object to or challenge
the work described in the Request.
2 . 5 Cooperation With Work. Subgrantee understands
that on Subgrantee ' s behalf the City will enter into the
Construction Agreement imposing significant burdens on City.
Subgrantee agrees to the fullest extent possible to cooperate with
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City and take all actions necessary for City to perform its
obligations under such Construction Agreement.
2 . 6 Representations and Warranties . Subgrantee hereby
represents and warrants to the City as follows :
(a) Subgrantee has read and is familiar with all of
the terms and provisions of the Act and the Regulations
applicable to Subgrantee.
(b) Subgrantee is a nonprofit organization permitted
to receive CDBG Funds under the Act and the
Regulations .
(c) The use of the Facility, the Project, and the
expenses to be covered by the CDBG Funds, as described
in the Budget, are permitted uses of CDBG Funds under
the Act and Regulations .
(d) The Project shall not require the City or the
Subgrantee to comply with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act
of 1970, 42 U. S .C. Section 4601 et seq. , as amended
from time to time.
2 . 7 Program Income. Any program income, as that term
is defined in the Regulations, received by Subgrantee shall be
returned to the City within fifteen (15) days of the end of each
calendar quarter.
2 . 8 Reports . Within ten (10) days following the
termination of this Agreement, and at such other times as the
Contract Officer shall request, Subgrantee 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 Subgrantee
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 .
3 .0 CITY OBLIGATIONS.
3. 1 Agreement With Contractor. The City, in its sole
and absolute discretion, shall choose and engage the Contractor to
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carry out the work on the Project. Upon receipt of the Plans and
Drawings pursuant to Section 2 . 2, City shall prepare the bid
package and supervise the bidding process and the work performed
by the Contractor. The Construction Agreement with the Contractor
shall include a schedule of performance of the work to be
performed which will, insofar as possible, be coordinated with
Subgrantee' s necessary use of the Facility. City shall endeavor
to assure that the work is performed in a competent, workmanlike
manner, in accordance with the approved Construction Plans .
3 . 2 Progress Payments . As a part of the Construction
Agreement, City will agree to a schedule for progress payments to
the contractor as the Project progresses, and will give a copy of
the schedule to Subgrantee. City shall deliver each of
Contractor' s Request for Payments to Subgrantee, unless otherwise
agreed by the parties . The City retains the right to
independently evaluate any timely response by Subgrantee, and to
approve, disapprove, or modify any such Request, as necessary, to
fulfill City' s obligations under the Construction agreement, and
shall have no liability to Subgrantee therefor.
3 . 3 Interpretation of Construction Agreement . City
shall have the obligation and responsibility to interpret the
Construction Agreement, and the Plans and Drawings which are a
part thereof, and Subgrantee shall be bound thereby.
4 .0 MUTUAL OBLIGATIONS .
4 . 1 Further Responsibilities of Parties . Both parties
agree to use reasonable care and diligence to perform their
respective obligations under this Agreement. Both parties agree
to act in good faith to execute all instruments, prepare all
documents, and take all actions as may be reasonably necessary to
carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the obligations
of the other.
4 . 2 Compliance with Law; City Interpretation. 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, including, but not limited to, the Act and
the Regulations .
4 . 3 Special Requirements. Additional terms and
conditions of this Agreement, if any, which are made a part
hereof, are set forth in the "Special Requirements" attached
hereto as Attachment No. 4 and incorporated herein by this
reference. In the event of a conflict between the provisions of
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Attachment No. 4 and any other provisions of this Agreement, the
provisions of Attachment No. 4 shall govern.
5.0 DISBURSEMENT OF CDBG FUNDS.
5. 1 Maximum Amount of CDBG Funds . The maximum amount
of CDBG Funds to be provided to Subgrantee (which funds will be
paid by City to Contractor pursuant to the terms of this
Agreement) is ONE HUNDRED SIXTY ONE THOUSAND FIVE HUNDRED Dollars
($161, 500 . 00) . Subgrantee hereby acknowledges that the City cannot
guarantee that the CDBG Funds will be received from HUD. The
City' s obligation to fund the Project is limited to the
availability of CDBG Funds from HUD. If the CDBG Funds are not
forthcoming from HUD for any reason, the City shall not have any
obligation to fund the work through any other source of funds, and
the Subgrantee hereby covenants and agrees to make any payments
due to Contractor for the costs of the Project.
5 . 2 Method of Payment . The City shall disburse the
CDBG Funds by making payment directly to the Contractor for the
costs of the Project in accordance with the terms of the agreement
entered into by and between the City and the Contractor pursuant
to Section 3 . 1 .
6.0 PERFORMANCE SCHEDULE.
6. 1 Time of Essence. Time is of the essence in the
performance of this Agreement.
6.2 Schedule of Performance. Prior to preparation of
the bid package City and Subgrantee shall agree to a schedule of
performance for construction and completion of the Project, which
schedule will be coordinated, insofar as possible, with
Subgrantee' s necessary use of the Facility while at the same time
minimizing the expense of the Project.
6. 3 Force majeure. The time periods specified in
Section 6. 2 for performance of the Project shall be extended
because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of the Subgrantee or
the City, including, but not restricted to, acts of God or of the
public enemy, unusually severe weather, fires, earthquakes,
floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, litigation, and/or acts of any
governmental agency (except that acts or the failure to act of the
City shall not excuse performance by the City) . In the event of
such a delay, the party delayed shall continue to exercise
reasonable diligence to minimize the period of the enforced delay.
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Times of performance under this Agreement may also be
extended by mutual written agreement of the parties. The Contract
Officer shall have the authority on behalf of the City to approve
extensions of time not to exceed a cumulative total of one hundred
eighty (180) days. In no event shall Subgrantee be entitled to
recover damages against the City for any delay in the performance
of this Agreement, however caused, Subgrantee' s sole remedy being
extension of the Agreement pursuant to this Section.
7 . 0 COORDINATION OF WORK.
7 . 1 Representative of Subgrantee. The following
principals of Subgrantee are hereby designated as being the
principals and representatives of Subgrantee authorized to act in
its behalf with respect to the work specified herein and make all
decisions in connection herewith:
John L. Brown
John O'Brien
Connie Rickords
7 . 2 Contract Officer. The Contract Officer shall be
such person as may be designated by the City Manager of City. It
shall be the Subgrantee' s responsibility to assure that the
Contract Officer is kept informed of the progress of the
performance of the Project and the Subgrantee shall refer any
decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of the City
required hereunder shall mean the approval of the Contract
Officer. The Contract Officer shall have authority to sign all
documents on behalf of the City required hereunder to carry out
the terms of this Contract.
7 . 3 Prohibition Against Subcontracting or Assignment.
Subgrantee 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.
7 . 4 Independent Contractor. Neither the City nor any
of its employees shall have any control over the manner, mode, or
means by which Subgrantee, its officers, agents, or employees,
perform the services required herein, except as otherwise set
forth herein. Subgrantee shall perform all services required
herein as an independent contractor of City and shall remain at
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all times as to City a wholly independent contractor with only
such obligations as are consistent with that role . Subgrantee
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.
8 .0 COMPLIANCE WITH FEDERAL REGULATIONS.
8 . 1 The Subgrantee shall maintain records of its
operations and financial activities in accordance with the
requirements of the Act and the Regulations, 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 Act and the Regulations, but in no case for less than three
years after the close of the Facility.
8 . 2 The Subgrantee 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;
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;
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h. The relocation requirements of Title II and
the acquisition requirements of Title III of
the Uniform Relocation Assistance and Real
Property Acquisition Act 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 Procram Income requirements as set forth
in 24 C. F.R. 570 . 504 (c) and 570 . 503 (b) (8) ;
k. The Subgrantee 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 Subgrantee does
not assume the City' s environmental
responsibilities described at 24 C. F.R.
570 . 604; nor does the Subgrantee 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
q. The lead-based paint requirements of 24 CFR
Part 35 issued pursuant to the Lead-Based
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Paint Poisoning Prevention Act (42 U. S .C.
4801 et sere . ) ;
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 . 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 any
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 if program income to the City.
(No payment is required after the period
of time specified in paragraph (s) of
this section. )
t. Such other City, County, State, or Federal
laws, rules, regulations, executive orders,
or similar requirements which might be
applicable.
8 . 3 The City shall have the right to periodically
monitor the program operations of the Subgrantee under this
Agreement.
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r r
9.0 INSURANCE AND INDEMNIFICATION.
9 . 1 Insurance. The City shall require, in its
agreement with the Contractor for performance of the Project, that
the Contractor shall procure and maintain, at its cost, and submit
concurrently with its execution of the agreement with City, public
liability and property damage insurance against claims for
injuries against persons or damages to property resulting from
Contractor' s acts or omissions arising out of or related to
Contractor' s performance under that agreement, as such performance
relates to this Agreement. Contractor shall also be required to
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 and Subgrantee. A certificate
evidencing the foregoing and naming the City and Subgrantee as
additional insureds shall be delivered to and approved by the City
prior to commencement of work on the Project by Contractor. The
procuring of such insurance or the delivery of policies or
certificates evidencing the same shall not be construed as a
limitation of Contractor' s obligation to indemnify the City, the
Subgrantee, and their respective officers, agents, or employees .
The amount of insurance required pursuant to this Section shall be
as required by the Contract Officer not exceeding Five Hundred
Thousand Dollars ($500, 000) .
9. 2 Indemnification. The City shall require, in its
agreement with the Contractor for performance of the Project, that
the Contractor shall defend, indemnify and hold harmless the City,
the Subgrantee, and their: respective officers, agents, and
employees, from and against any and all actions, suits,
proceedings, claims, demands, losses, costs, and expenses,
including legal costs and at:torney' s fees, for injury to or death
of person (s) , for damage to property (including property owned by
the City or the Subgrantee) arising out of or related to
Contractor' s performance under its agreement with the City, as
such performance relates to this Agreement, except for such loss
as may be caused by City or Subgrantee' s own negligence or that of
their respective officers, agents, or employees.
Additionally, the Subgrantee shall defend, indemnify, and
hold harmless, the City, its officers, agents, and employees, from
and against any and all actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and
attorney' s 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 Subgrantee' s performance under this Agreement,
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except for such loss as may be caused by City' s own negligence or
that of its officers, agents, or employees .
10 .0 DISCRIMINATION, TERMINATION, AND ENFORCEMENT.
10 . 1 Covenant Against Discrimination. Subgrantee
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. Subgrantee 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.
10 . 2 Term. Unless earlier terminated in accordance
with Section 10. 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.
10 . 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 as
long as such termination will not cause the City to violate or be
in default under its agreement with the Contractor. Upon receipt
of the notice of termination both parties shall immediately cease
all services hereunder except as may be specifically approved by
the other party. Upon such termination, both parties shall be
entitled to compensation for all services rendered prior to
receipt of the notice of termination and both parties shall be
entitled to reimbursement for any services which have been paid
for but not rendered.
11 .0 CITY OFFICERS AND EMPLOYEES.
11 . 1 Non-liability of City Officers and Employees. No
officer or employee of the City shall be personally liable to the
Subgrantee, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become
due to the Subgrantee or to its successor, or for breach of any
obligation of the terms of this Agreement.
11 . 2 Conflict of Interest. No officer, agent, or
employee of the City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which
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affects his or her financial interest or the financial interest of
any corporation, partnership, or association in which he or she
is, directly or indirectly, interested, in violation of any State
statute or regulation. The Subgrantee warrants that it has not
paid or given and will not pay or give any third party any money
or other consideration for obtaining this Agreement.
12 .0 LEGAL ACTIONS.
12 . 1 Applicable Law. This Agreement shall be construed
and interpreted both as to validity and to performance of the
parties in accordance with the laws of the State of California and
the United States, as applicable.
12 .2 Legal Action. In addition to any other rights or
remedies, either party may take legal action in law or in equity,
to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to
obtain declaratory or injunctive relief, or to obtain any other
remedy consistent with the purposes of this Agreement.
13 .0 MISCELLANEOUS PROVISIONS.
13 . 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 by mailing in the United States mail,
certified mail, postage prepaid, return receipt requested, to the
addresses set forth below, or such other addresses as may from
time to time be designated by notice to the other party.
TO CITY: City of Palm Springs
P.O. Box 2743
Palm Springs, California 92263
Attn: City Manager
WITH COPY TO: Rutan & Tucker
611 Anton Blvd. , Suite 1400
Costa Mesa, California 92626-1998
TO SUBGRANTEE: Desert AIDS Project
1695 So. Sunrise Way
Palm Springs CA 92262
Any such notices shall be deemed to have been given upon receipt.
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13 . 2 Amendment. This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in
writing.
13 . 3 Waiver. No delay or omission in the exercise of
any right or remedy by a nondefaulting party on any default shall
impair such right or remedy or be construed as a waiver. A
party' s consent to or approval of any act by the other party
requiring the party' s consent or approval shall not be deemed to
waive or render unnecessary the other party' s consent to or
approval of any subsequent act. Any waiver by either party of any
default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this
Agreement .
13 . 4 Interpretation. The terms of this Agreement shall
be construed in accordance with the meaning of the language used
and shall not be construed for or against either party by reason
of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
13 . 5 Integration. It is understood that there are no
oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, agreements, and
understandings, if any, between the parties, and none shall be
used to interpret this Agreement .
13 . 6 Corporate Authority. The persons executing this
Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing; (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said
party; (iii) by so executing this Agreement, such party is
formally bound to the provisions of this Agreement; and (iv) the
entering into of this Agreement does not violate any provision of
any other agreement to which said party is bound.
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IN WITNESS WHEREOF, the parties eeu ed this Agreement
on the date first above written,
ATTEST : ALM S I CALIFORNIA
By: L_�u,� ✓�
City Clerk aty Mana r
APPROVED AS TO FORM:
RUTAN & TUC, R
City(J ktorney
SUBGRXqTEE:
Desert AIDS Project. Inc.
(check one: individual,
_partnership, % corporation)
By ✓>
John L. Brown, Executive Director
Print Name and Title
By: 7,4-,4*10
Andrew Z. Linsky. President Board of Directors
Print Name and Title
Mailing Address : 1695 No. Sunrise Way
Palm Springs, CA 92262
(Corporations require two signatures; one from each of the following: A.
Chairman of Board, any Vice President; AND B. Secretary, Assistant Secretary,
Treasurer, Assistant Treasurer, or Chief Financial Officer. )
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CALIFORNIA ALL-PURPOPACKNOWLEDGMENT •
State of California
County of Riverside
On March 11, 1999 before me, Alexandra Chrirtencen-Finlay, Notary Pnhlic,
i, Data Name and Title of Officer(e 9,"Jane Doe,Notary Public")
personally appeared _ Andrew Z. Linsky & John L. Brown
Names)of 9ignerv)
❑personally known to me—OR— 7 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) 19/are subscribed to the within instrument
and acknowledged to me that Me/sVe/they executed the
I ,
same in hi6/he'r/their authorized capacity(ies), and that by
hik/hoer/their signature(s) on the instrument the person(s),
M.EXANDRACHRlS(HySBaFNL4Y or the entity upon behalf of which the person(s) acted,
Commis5lon#1151509 z Y P P ( )
z j� NotaryPublic-California >_ 1 executed the instrument.
� Riverside County
My Comm.Fxp es Augt9,2001 WITNESS my hand and official seal.
of Notary Public
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: Subrecipient Agreement - Community Development Block Grant
Document Date: March 11, 1999 Number of Pages: 17
Signer(s) Other Than Named Above:
� I
Capacity(ies) Claimed by Signer(s)
Signer's Name: Andrew Z. Linsky Signer's Name: John L. Brown
❑ Individual ® Individual
CT, Corporate Officer ❑ Corporate Officer
Title(s): President, Board of Directors Title(s): Excutive Director, D.A.P.
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator ,
To of thumb here To of thumb here
❑ Other: a El P
Signer Is Representing: Signer Is Representing:
1994 National Notary Association•8235 Remmet Ave PO Box 7184•Canoga Park,CA 91309-7184 �Pmd.No 5907 Reorder Call Toll-Free 1-800-876-6827
ATTACHMENT NO. 1
LEGAL DESCRIPTION OF SITE
1695 N. Sunrise Way, Palm Springs,
Riverside County, CA ' 92262
ATTACHMENT NO. 1
ATTAICHMMF.NT N0_.2
DESCRIPTION QF THF. PROJECT
Desert AIDS Project has leased with an option to purchase, a new centralized facility to a more
accessible location in Patin Springs. This new handicapped-accessible location at the corner of
Vista Chino and Sunrise, lies directly on two major area bus lines ensuring easy access to the
new site. The new office facility nearly doubles our existing floor space from its current 10,000
square feet to approximately 20,000 square feet, while quadrupling the number of parking spaces
available to both clients and staff. The new facility will increase the efficiency of client medical
care services, both by increasing examinations rooms from four to twelve, and space that will
accommodate our laboratory facilities. The new office space will include meeting rooms for
client seminars and presentations for case management support services, housing services and
options, life skill training, nutrition, and budgeting.
Our current lease expires in March of 19,99, and its current 10,000 square foot facility is
inadequate to either its programming or planned growth. The current facility was intended to
provide office space for a staff of 28. Our agency now employs 52 full and part-time staff, who
are doubled and sometimes tripled in the available offices. The new facility will enable the
Desert AIDS Project to consolidate its operations which are now being provided in suboptimal
facilities which are spread over more than four separate office suites in a complex which has
become relatively costly for the agency.
Desert AIDS Project plans to occupy the new facility in April of 1999. We are currently
plaiiiiing a three phase construction/remodeling plan. Phase I will be to remodel the space in
which the HIV Health Center will occupy. So there is no disruption to client services provided
by the Health Center, and so that clients do not have to experience the dust and fumes which can
be created while remodeling occurs, the HIV Health Center is the first space to be built out and is
scheduled to be completed prior to the April 1, 1999 move-in date. Phase II will occur in mini-
stages and will effect case management, home care, legal, housing, re-employment and
education/prevention. To cause the smallest disruption to client services in these areas, some
staff will occupy temporary space while the area which will be the final location is being
remodeled. The expected completion date of this project will be June of 1999. After the staff
has been moved to their final location, the conclusion of Phase II will take place, which will
include remodeling the area in the facility which will have our badly needed group rooms, a staff
lounge and kitchen, and finally, a patio area for staff and clients. The expected date of
completion for this final Phase II project will be the fall/early winter of 1999. Phase III will
begin by January 2000, when D.A.P. assumes additional square footage due to a long terns tenant
relocating to another facility. Phase III will only effect the administrative areas of Desert AIDS
Project (i.e., administration, finance, volunteer services, and resource development). This phase
is expected to be completed by the end of February 2000. Future space will become available to
Desert AIDS Project within the new facility,which will be used to sublet to our laboratory,
clinical trials firm, and to bring our Food Panty on-site. This plan will enhance D.A.P.'s current
ability to provide a"one-stop-shop"organization.
DESERESERT AIDS PROJECT
RELOCATION BUDGET
CDBG FUNDS - PALM SPRINGS
1998 - 1999
LINE ITEM BUDGET
EXPENSE COMPLETION DATE BUDGET CDBG COST
Phase I
Architechtual plans for office layout 3/9199 $1,885 $0
Cable all new space for telephone and computer 3/18/99 $12,527 $0
Build handicapped ramp access to entrance 3/15/99 $1,890 $0
Build-out of HIV Health Center 4/1/99 $34,685 $0
Build-out of main lobby and reception area 4/1/99 $4,083 $0
Moving Expense (absorbed by D.A.P.) 4/1/99 $10,065 $0
Painting and Flooring of HIV Health Center 4/1/99 $7,578 $0
Painting and Flooring of Common Areas 4/1/99 $15,000 $0
Installation of built-in work stations and cabinetry 4/1199 $15,383 $0
Plumbing and Electrical 411/99 $18,000 $0
Main Hallway arches, lighting and finish 4/1/99 $15,000 $0
Phase I Total $136,096 $0
Phase II
Architectural Plans 4/30/99 $6,000 $6,000
Build-out of Social Services 6/30/99 $35,800 $35,800
Installation of built-in work stations 6/30199 $20,000 $20,000
Painting and Flooring 6/30/99 $25,000 $25,000
Build-out of Group Counseling Rooms 9/30/99 $10,000 $10,000
Build-out of Kitchen 9130/99 $30,000 $30,000
Build-out of Community Patio 9/30/99 $35,000 $35,000
Phase II Total $155,800 $155,800
Phase III
Build-out of Administration Areas 2/1/00 $10,000 $2,000
Painting and Flooring 2/1/00 $25,000 $3,000
Installation of built-in work stations 2/1/00 $15,000 $700
Phase III Total $50,000 $5,700
Project Total $341,896 1 $161,500
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D.A.P.3/11/99