HomeMy WebLinkAboutContract 1900 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT NO. 20-008
FOR
CATHEDRAL CITY SENIOR CENTER
FOR
CDBG-CV: MOBILE SENIOR SERVICES
This Agreement, is entered in duplicate on the dates set forth below by and between the CITY
of CATHEDRAL CITY, a California charter city, as RECIPIENT, (hereinafter referred to as
"CITY"), and the Cathedral City Senior Center, (hereinafter referred to as
"SUBRECIPIENT.")
PURPOSE
This Agreement sets forth the responsibilities of CITY and SUB
RECIPIENT in accomplishing the objectives of the United States Department of
Housing and Urban Development (HUD) Community Development Block Grant as set forth
in the Housing and Community Development Act of 1974, (hereinafter referred to as "CDBG"),
as amended, Public Law 93-383. The CDBG program and funds related thereto are referred
to from time to time as the "CDBG" PROGRAM or "CDBG FUNDS".
CITY agrees to engage the services of SUBRECIPIENT, and SUBRECIPIENT agrees
to perform the services for CITY hereinafter described, for the compensation, during the term,
and otherwise subject to the covenants and conditions hereinafter set forth.
1. SUBRECIPIENT"s Services
SUBRECIPIENT agrees to perform during the term of this Agreement, all tasks,
obligations, and services set forth in the "Scope of Services" attached to this Agreement as
Exhibit A and incorporated into this Agreement by this reference.
2. Payment for Services
CITY shall pay SUBRECIPIENT for the services performed by SUBRECIPIENT
pursuant to the terms of this Agreement the compensation set forth in the "Schedule of
Compensation" attached hereto as Exhibit "B." The compensation shall be paid at the time
and manner set forth in Exhibit "B."
3. Availability of Funds/Modifications
CITY's provision of funding to SUBRECIPIENT pursuant to this Agreement is
contingent on the availability of CDBG FUNDS and continued federal authorization for CDBG
PROGRAM activities, and is subject to amendment or termination due to lack of funds or
authorization. This Agreement is subject to written modification and termination as necessary
by CITY in accordance with requirements contained in any future Federal legislation,
regulations or CITY policy. All other modifications must be in written form and approved by
both parties.
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4. Obligation of Funds
SUBRECIPIENT shall not obligate any funds, incur any costs, or initiate identified
project(s), which are the subject of the Agreement, until all environmental review has been
completed and certified by CITY's Community Development Department and CITY has
issued a written "Authorization to Obligate Funds and Incur Costs."
5. Term of Agreement
The term of this Agreement shall be from July 1, 2020 to June 30, 2021.
6. Time for Performance
SUBRECIPIENT shall not perform any work under this Agreement until (i)
SUBRECIPIENT furnishes proof of insurance as required under Section 20 of this Agreement,
and (ii) CITY gives SUBRECIPIENT a written, signed and numbered purchase order or other
Authorization to obligate funds and incur costs. All services required of SUBRECIPIENT
under this Agreement shall be completed on or before the end of the term of the Agreement.
7. Designated Representative
(a) The CITY's representative is as follows:
Name and Title: Charles P. McClendon, City Manager
Address: 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234
E-mail Address: CMcClendoncathedralcity.gov
Telephone No.: 760-770-0372
(b) The SUBRECIPIENT's representative, who shall be responsible for job
performance, negotiations, contractual matters, coordination with the CITY Representative is
as follows:
Name and Title: Geoff Corbin, Executive Director
Post Office Address: 37-171 W. Buddy Rogers Avenue
Cathedral City, CA 92234
E-mail Address: qeoff a(�cathedralcenter.orq
Telephone No.: (760) 321-1548
The SUBRECIPIENT's professional services shall be actually performed by, or
shall be immediately supervised by, the SUBRECIPIENT's representative.
8. Compliance
SUBRECIPIENT agrees that it undertakes hereby the same obligations to CITY that
CITY has undertaken to HUD pursuant to CITY's CDBG application and certifications. The
obligations undertaken by SUBRECIPIENT include, but are not limited to, the obligation to
comply with all federal laws and regulations describe in Subpart K of 24 CFR Part 570 except,
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however, that the SUBRECIPIENT does not assume the CITY's environmental
responsibilities or the responsibility for initiating the environmental review process under 24
CFR Part 52. and specifically, with each of the following:
a) The Housing and Community Development Act of 1974 (Public Law 93-383) as
amended, and legislative changes contained in the Housing and Urban-Rural
Recovery Act of 1983; and the Housing and Community Development Act of 1987;
b) Final regulations of the Department of Housing and Urban Development relating
to Community Development Block Grants (Title 24, Chapter V, Part 570 of the
Code of Federal Regulations commencing with Section 570.1) dated September
6,1988; and revisions to 24 CFR Part 570 at Subpart J entitled "Grant
Administration" and dated March 11, 1988;
c) Regulations of the Department of Housing and Urban Development relating to
environmental review procedures for the Community Block Grant program (Title 24, Subtitle
A, Part 58 of the Code of Federal Regulations, commencing at Section 58.1) except that
SUBRECIPIENT does not assume CITY's environmental responsibilities;
d) Title VI of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil
Rights Act of 1968 (Public Law 90-284); Section 109 of the Housing and Community
Development Act of 1974; Section 3 of the Housing and Urban Development Act of 1968;
Executive Order 11246 as amended by Executive Order 12086; Executive Order 11063 as
amended by Executive Order 12259; and HUD regulations heretofore issued or to be issued
to implement these authorities relating to civil rights;
e) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 and regulations adopted to implement the Act in the Code of Federal Regulations, Title
24, Part 42;
f) Equal Employment Opportunity and Affirmative Action (EEO/AA); The
SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on
behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action
employer;
g) Administrative regulations, including, but not limited to, 2 CFR Part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
Final Guidance applicable to HUD Federal Award Recipients the uniform guidance
supersedes, consolidates, and streamlines requirements from eight OMB circulars:
1) OMB Circular A-21, Cost Principles for Educational Institutions;
2) OMB Circular A-87 entitled "Cost Principles Applicable to Grants
and Contracts with State and Local Governments";
3) OMB Circular A-89, Catalog of Domestic Assistance; OMB Circular
A-102, Grants and Cooperative Agreements with State and Local Governments;
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4) OMB Circular A-110 entitled "Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations";
5) OMB Circular A-122 entitled "Cost Principles for Non-Profit
Organizations";
6) OMB Circular A-133 entitled "Audits of States, Local Governments,
and Non-Profits";
7) OMB Circular A-50, Audit follow-up on Single Audit Act follow-up
h) 24 CFR Part 84 entitled "Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal
Governments," as modified by 24 CFR 570.502(a);
i) 24 CFR Part 85 entitled "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal
Governments" and referred to as the "Common Rule";
j) A-128 entitled "Audits of State and Local Governments" (implemented at
24 CFR part 44);
k) The following laws and regulations relating to preservation of historic places: Public
Law 89-665 the Archaeological and Historical Preservation Act of 1974 (Public Law 93-291),
and Executive Order 11593 including the procedures prescribed by Advisory Council on
Historic Preservations in 36 Code of Federal Regulations, Part 800;
I) The Labor Standards Regulations set forth in Section 570.603 of 24 CFR Part 570;
and HUD Handbook 1344.1;
m) Section 3 of the Housing and Urban Development Act of 1968 related to HUD
funded activities, to the greatest extent feasible, be directed to create jobs to local low-income
residents and the businesses that employ them;
n) The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151 and the Americans
with Disabilities Act of 1990 (ADA);
o) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5,
U.S.C.);
p) The Flood Disaster Protection Act of 1973 (Public Law 93-234 and the regulations
adopted pursuant thereto) Section 202(a) and the regulations in 44 CFR parts 59 through 79;
q) The Clean Air Act (42 U.S.C. Chapter 85) and the Federal Water Pollution Control
Act, as amended (33 U.S.C. Section 1251 et seq.) and the regulations adopted pursuant
thereto;
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r) Executive Order 12372, which requires State Clearinghouse review and comment
of any CDBG project for the planning, construction, reconstruction, and/or installation of water
or sewer facilities;
s) Section 401(b) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831
(b))
t) Provision of 24 CFR Part 24 regarding use of debarred, suspended, or ineligible
contractors or subcontractors; and
u) Provision 24 CFR 570.200(j) regarding equal protection of faith based organizations.
SUBRECIPIENT further agrees to comply with any environmental, procurement,
construction, and other guidelines provided by CITY. As required by Section 30,
SUBRECIPIENT shall obtain any necessary permits, licenses and certificates that may be
necessary for its performance under this Agreement. Failure to meet established
performance goals and standards and/or noncompliance with applicable rules and
regulations shall constitute non-compliance with the terms of this Agreement. The CITY is
entitled to use one or more of the following remedies for non-compliance, temporarily withhold
cash payments pending correction of deficiencies by SUBRECIPIENT; disallow all or part of
the cost of the activity or action not in compliance; wholly or partly suspend or terminate the
current award for the SUBRECIPIENT's program; withhold further awards for the program;
and/or take other remedies that may be legally available.
9. Subcontracts
SUBRECIPIENT shall incorporate the same or substantially equivalent requirements
as are contained in this Agreement in all subcontracts which utilize any CDBG FUNDS and/or
support any CDBG PROGRAMS(s) covered by this Agreement; when PROGRAMS(s)
utilize(s)from CDBG FUNDS and other funding sources, all FUNDS shall be subject to CDBG
regulations. SUBRECIPIENT, by entering into any such subcontract for performance of any
portion of its CDBG PROGRAM, is not relieved of its responsibilities to CITY as set forth in
this Agreement.
10. Non-Discrimination/Grievance Procedures
No person with responsibilities in the operation of any project under this Agreement will
discriminate because of race, creed, color, national origin, age, sex, political affiliation,
handicap, beliefs, or marital or familial status. SUBRECIPIENT will ensure that every effort is
made to provide equal opportunity to every potential minority and women's business vendor,
contractor and subcontractor.
11. Standard of Conduct/Conflict of Interest and Lobbying
No member, officer or employee of SUBRECIPIENT or its designee or agents, no
member of the governing body of the locality in which the program is situated, and no other
public official of such locality or localities who exercises any functions or responsibilities with
respect to the program during his/her tenure or for one year thereafter, shall have any interest,
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direct or indirect, in any contract or subcontract, or the process thereof, for work to be
performed in connection with the program activities assisted under this Agreement.
No member, officer or agent of the SUBRECIPIENT shall participate in the selection
of in the award, or administration of, a contract supported by Federal funds if a conflict of
interest, real or apparent, would be involved.
No covered persons who exercise or have exercised any functions or responsibilities
with respect to CDBG-assisted activities, or who are in a position to participate in a decision-
making process or gain inside information with regard to such activities, may obtain a financial
interest in any contract, or have a financial interest in any contract, subcontract, or agreement
with respect to the CDBG-assisted activity, or with respect to proceeds from the CDBG-
assisted activity, either for themselves or those with whom they have business or immediate
family ties, during their tenure or fora period of one (1) year thereafter. For purposes of this
Section, a "covered person" includes any person who is an employee, agent, consultant,
officer, or elected or appointed official of the Grantee, the SUBRECIPIENT, or any designated
public agency.
By entering into this Agreement, SUBRECIPIENT certifies:
a) No federal appropriated funds have been paid or will be paid, by or on behalf of
SUBRECIPIENT, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into a cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant
loan, or cooperative agreement.
b) If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, SUBRECIPIENT shall complete and submit
Standard Form LL, "Disclosure Form to Report Lobbying," in accordance with its
instructions, and other federal disclosure forms as requested.
c) SUBRECIPIENT shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including subcontracts, sub-
grants, and contracts under grants, loans, and cooperative agreements) and that
all SUBRECIPIENTS shall certify and disclose accordingly.
12. Fiscal Control
The SUBRECIPIENT shall be responsible for the internal control and monitoring of
fiscal and programmatic/operational goals and procedures. The SUBRECIPIENT shall
establish such fiscal controls and fund accounting procedures as required by Federal
regulations, or as may be deemed necessary by HUD and CITY to ensure the proper
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disbursal of, and accounting for, funds paid to the SUBRECIPIENT under the CDBG
PROGRAMS.
a) Disbursement of Funds: CDBG FUNDS shall generally be disbursed by CITY to
SUBRECIPIENT on a reimbursement for actual expenses basis.
b) Deposit of Funds: SUBRECIPIENT shall maintain separate accounts within
established bookkeeping systems for the deposit of CDBG FUNDS. All cash
advances must be deposited in an interest-bearing account; any interest earned in
excess of $100 per year (which may be retained for related administrative
expenses) must be returned at least quarterly to the U.S. Department of Housing
and Urban Development (HUD) via the CITY. Deposits in minority banks are
encouraged.
SUBRECIPIENT subject to 2 CFR Part 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards:
1) Shall deposit funds in an account requiring two signatures for disbursement
and shall submit to CITY specimen signatures for all authorized signatories
prior to receipt of funds;
CITY agrees to pay SUBRECIPIENT progress payments at the time and in the manner
set forth in the Schedule of Compensation, Exhibit B. Payment by CITY is not to be construed
as final in the event HUD disallows reimbursement for the project or any portion thereof.
Reasonable back-up documentation, as specified by CITY, shall be submitted by
SUBRECIPIENT with request for payment.
SUBRECIPIENT shall be liable for all amounts which are determined to be due by
HUD including, but not limited to, disallowed cost which are the result of SUBRECIPIENT's
or its contractor's conduct under this Agreement. SUBRECIPIENT shall be notified in writing
and shall be permitted to respond regarding any controversy or proceeding between CITY
and HUD arising from this Agreement.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31,
U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
All financial transactions must be supported by complete and verifiable source
documents. Records shall provide a clear audit trail and shall be maintained as
specified in Section 17 of this Agreement.
13. Program Income
Program Income is defined in Subpart J of 24 CFR Part 570.504 and is described as
gross income received by SUBRECIPIENT and directly generated from the use of CDBG
FUNDS.
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Program income includes, but is not limited to, the following:
a) Proceeds from the disposition by sale or long-term lease of real property
purchases or improved with CDBG FUNDS;
b) Proceeds from the disposition of equipment purchased with CDBG FUNDS;
c) Gross income from the use or rental of real or personal property acquired by
SUBRECIPIENT with CDBG FUNDS, less costs incidental to generation of the
income;
d) Gross income from the use or rental of real property owned by the
SUBRECIPIENT, that was constructed or improved with CDBG FUNDS, less costs
of the non-CDBG portion.
e) Payment of principal and interest on loans made using CDBG FUNDS except as
provided in 24 CFR Part 570.500(a)(3);
f) Proceeds from the sale of loans or obligations secured by loans made with CDBG
FUNDS;
g) Interest earned on program income pending its disposition; and
h) Funds collected through special assessments made against properties owned and
occupied by households not of low or moderate income where the assessments
are used to recover all or part of the CDBG PROGRAMS portion of a public
improvement.
During the effective term of this Agreement, SUBRECIPIENT shall report all program
income as defined in 24 CFR 570.500(a), generated by activities carried out with CDBG funds
under this Agreement. All Program Income shall be paid to the CITY and shall be remitted to
the CITY on a quarterly basis, when earned, and shall remit any and all income balances
accrued by June 30 of this Program Year. Program income attributable to projects funded
under this Agreement and on hand with SUBRECIPIENT when Agreement expires, is
terminated with or without cause, or received after the Agreement expiration, shall be paid to
CITY as required by 24 CFR Part 570.503(b)(8) when the SUBRECIPIENT ceases to be
under continuous Agreement with CITY for the operation of CDBG PROGRAMS. As long as
there is no break in the Agreement period, program income shall be governed by the
provisions of Section 3.
14. Reversion of Assets
Upon expiration of this Agreement, SUBRECIPIENT shall transfer to the CITY any
CDBG FUNDS in SUBRECIPIENT's control at the time of expiration and any accounts
receivable attributable to the use of CDBG FUNDS. Further, any real property under
SUBRECIPIENT's control that was acquired and/or improved in whole or in part with CDBG
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FUNDS (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in
excess of $25,000 shall be either:
a. Used to meet one of the national objectives in 24 CFR Part 570.208 until five (5)
years after expiration of this Agreement, the length of time to be further prescribed
by mutual agreement of the parties and delineated in Section 33, of this
Agreement.
b. Disposed of in such manner that CITY is reimbursed in the amount of the fair
market value of the property at the time of disposition of the property less any
portion of the value attributable to expenditures of non-CDBG FUNDS for
acquisition and/or improvement of such property. The payment is Program Income
to the recipient.
If SUBRECIPIENT is a private non-profit organization, SUBRECIPIENT further agrees
to a voluntary lien on above-reference property as to any CDBG FUNDS received and that
such lien will be notarized and recorded in the Office of the County Recorder, will utilized form
specified by CITY, and will be subject to provisions listed in Section 33 of this Agreement.
15. Equipment
Equipment, which shall be defined as tangible, nonexpendable, personal property
having a useful life of more than one (1) year and an acquisition cost of $1,000 or more per
unit, is eligible for purchase using CDBG FUNDS only upon prior approval of CITY and
subject to 24 CFR Part 570.207(b)(1). Such equipment shall be used by SUBRECIPIENT in
the project for which it was acquired as long as needed, regardless of whether such project
continues to be supported by Federal funds; at the time, equipment may be used in other
activities currently or previously supported by a Federal agency. Use of such equipment is
also subject to provisions of 24 CFR Part 85.32(c)(2)(3) and (4). SUBRECIPIENT shall also
be establish procedures for managing equipment, which meet the requirements of 24 CFR
Part 85.32(d). Further, proceeds from disposition of such equipment shall be treated as
program income as specified in Section 13 and 14 of this Agreement.
16. Records and Reports
SUBRECIPIENT agrees to supply to CITY, on a minimum quarterly basis (or a more
stringent period designated in Exhibit A — Scope of Services), any progress reports and/or
other documentation as may be required by CITY to audit performance of this Agreement
and/or to enable CITY to analyze and evaluate utilization of SUBRECIPIENT's program.
SUBRECIPIENT shall maintain separate accounting and financial records for each funding
(revenue) source in support of the project(s).
a) Expenditure Summary and Payment Request (ESPR); SUBRECIPIENT shall
submit ESPR supporting documents for a reimbursement to CITY's Community
Development Department by the 10th of each month. The reimbursement request
shall be provided on an official invoice with the supporting ESPR documents. An
invoice shall include the total reimbursement amount, a description of services
rendered, the period of services rendered, and invoice number. An invoice and
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ESPR's may be submitted no more often than once a month and no less often that
once every three (3) months. An exception would only be in the event that no
expenditures occurred, which shall be documented in the quarterly report.
b) Progress Reports: Progress reports shall be made on a form substantially similar
to Exhibit A — Scope of Services, Attachment 1 "Progress Report" and shall
address project status and, if applicable, explanation of any problems/delays
encountered and/or anticipated and measures to be taken to correct such
problems; revised milestones including anticipated schedule for project
completion; direct benefit statistics; and a summary of expenditures, obligations,
program income, and drawdown to date. In addition, SUBRECIPIENT shall provide
as part of the progress report any citizen comments received during the reporting
period relative to the project(s), and responses to such comments, and additional
project information, as needed. SUBRECIPIENT shall submit such report quarterly
within thirty (10) days of the close of report period.
c) Completion Report: SUBRECIPIENT shall prepare and submit to CITY a
Completion Report within thirty (10) days of project completion. Said report shall
consist of an overview and evaluation of the project, a comparison of milestones'
progress, total costs incurred, listing of files, listing of personnel, and other
reasonable information requested by CITY. The completion of the project or
program shall consist of the fourth quarterly report, Attachment 1 "Progress
Report"
d) HUD/CITY Reports: SUBRECIPIENT shall submit to CITY in a timely manner other
reports as requested/required CITY for HUD compliance including, but not limited
to the Contractor/Subcontractor, EEO-4, and Minority Financial Institution Reports
(if applicable), and provide, as requested by HUD and/or CITY, information
necessary to prepare the Consolidated Plan, Final Statement of Community
Development Objectives, Grantee Performance Report (GPR), and other such
reports and/or plans.
e) Audit: SUBRECIPIENT shall be responsible for conducting an annual audit of its
CDBG PROGRAM in compliance with 2 CFR Part 200, which supersedes,
consolidates, and streamlines requirements from eight OMB Circulars, including
the Office of Management and Budget (OMB) Circular No. A-133 issued pursuant
to the Single Audit Act of 1984 and the Single Audit Amendments of 1996, P.L. 98-
502, OMB Circular A-110, and 24 CFR Part 85, as applicable. A copy of said audit
shall be forwarded to CITY upon completion. Any costs associated with the annual
audit shall be the responsibility of and paid for by SUBRECIPIENT.
17. Agreement Responsibility for Monitoring and Records
HUD, the Office of the Inspector General (OIG), and the designated representatives
of CITY, and other appropriate officials shall have access to all personnel records,
management information, and fiscal data of SUBRECIPIENT and any agency or contractor
with whom SUBRECIPIENT executes a subcontract necessary to carry out any CDBG
PROGRAM(s) for monitoring purposes (24 CFR 85.40(a) and 84.51-84.53). The
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SUBRECIPIENT shall respond in a timely manner to all identified corrective action needs as
a result of HUD, County, or other monitoring. The SUBRECIPIENT shall submit to CITY all
required reports and monitoring corrective action plans on a timely basis, as delineated by
CITY. Records shall be maintained as follows:
a) SUBRECIPIENT agrees to retain all pertinent records under CDBG PROGRAM,
including financial records, until advised by CITY that further retention is
unnecessary. Generally, records shall be retained for a period for five (5) years
from the end of the fiscal year in which the last project covered by CITY's annual
agreement with HUD is completed. Records shall be open and available for
inspection by auditors and/or other staff assigned by HUD and/or CITY during the
normal business hours of SUBRECIPIENT. If at the end of such five-year period,
there is ongoing litigation, claims, negotiations, audit or other action involving
SUBRECIPIENT's or the CITY's records, which has started before expiration of
the five (5)year period, SUBRECIPIENT will retain the records until the completion
of the action and resolution of all issues which arise from it (24 CFR 85.42 as
modified by 570.502(a)(16), or 24 CFR 84.53(b) as modified by
570.502(b)(3)(ix)(A) and (B), as appropriate).
b) Consistent with applicable state and local laws regarding privacy and obligations
of confidentiality, the SUBRECIPIENT also must provide citizens with reasonable
access to records on the past use of CDBG funds (24 CFR 570.508).
c) Records for nonexpendable property shall be retained for a period of five (5) years
after final disposition of the property, if applicable.
18. Inspection Rights
SUBRECIPIENT agrees to allow CITY to inspect physical premises of any project(s)
upon 24-hour advance notice.
19. Request for Technical Assistance
SUBRECIPIENT shall refer to the Community Development Department any
regulatory or procedural questions regarding operation of its CDBG PROGRAM. All formal
requests for technical assistance shall be submitted in writing. Requests should specify the
problem area, particular assistance being requested, and proposed solution if applicable.
Informal questions regarding day-to-day program operation may be directed to the
designated CITY representative.
20. Insurance
Prior to commencing performance of the services required by this Agreement, and at
all other times this Agreement remains in effect, the SUBRECIPIENT shall procure and
maintain in full force and in effect all of the insurance required by Exhibit C attached hereto
and by this reference incorporated herein.
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21. Hold Harmless
SUBRECIPIENT shall hold City and City's officers, employees, agents and volunteers
harmless and free from any and all claims, liabilities or expenses, including attorney's fees,
arising out of or relating to any negligent act, negligent omission, or other wrongful conduct
related in any way to SUBRECIPIENT'S performance of its services pursuant to this
Agreement. In the event City and/or any of City's officers, employees, agents or volunteers
are named in any lawsuit, or should any claim be made against it or any of them by lawsuit
or otherwise arising out of or relating to such negligent act, negligent omission or other
wrongful conduct, SUBRECIPIENT shall indemnify them for any judgment rendered against
them, any sums paid out in settlement or otherwise, and all costs incurred by them in their
defense, including, but not limited to attorney's fees.
SUBRECIPIENT also understands and agrees that it is being employed to perform the
services provided for by this Agreement because of SUBRECIPIENT'S professed expertise
and experience in performing the services provided for under this Agreement. In addition, the
SUBRECIPIENT understands and agrees that while City and City's officer's agents, may elect
to do so, they have no duty to review, inspect, or supervise the work performed by
SUBRECIPIENT pursuant to this Agreement, except as otherwise expressly provided for by
this Agreement. As a consequence, the SUBRECIPIENT waives any right of contribution
against City or any of City's officers, employees, agents and volunteers arising out of such
failure to inspect, review, monitor or supervise the work performed by SUBRECIPIENT
pursuant to this Agreement.
22. Covenants and Conditions
Each term and each provision of this agreement to be performed by SUBRECIPIENT
shall be construed to be both a covenant and a condition.
23. Effect of Termination
a) Termination of Agreement for Convenience: In accordance with 24 CFR Part
85.44, the Agreement may be terminated by either party after thirty (30) days
written notice of intention to terminate, setting forth the reasons and the effective
date of such termination, has been given to the other party, provided, however,
that no notice of termination given by SUBRECIPIENT shall be effective unless
HUD has agreed to release CITY from its obligations pursuant to the Program
Activity(ies). Alternatively, the agreement will automatically terminate in the event
that United States Government terminates the CDBG PROGRAMS or terminates
the Program Activity(ies) which is the subject of the Agreement.
b) Termination of Agreement for Cause: In accordance with 24 CFR Part 85.43, the
parties hereto understand that pursuant to CITY's execution of the HUD
application, CITY assumed responsibility as to the performance of the projects. If
through any cause SUBRECIPIENT fails to fulfill in a timely and proper manner its
obligations under this Agreement to undertake, conduct or perform the project(s)
identified in this Agreement, or if SUBRECIPIENT violates any of the covenants,
agreements, or stipulations of this Agreement, CITY shall thereupon have the right
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to terminate this Agreement by giving written notice of such termination and
specifying the effective date thereof at least (5) days before the effective date of
such termination. Notwithstanding the above, SUBRECIPIENT shall not be
relieved of liability to CITY for damages sustained by CITY by virtue of any
payments to SUBRECIPIENT for the purpose of set-off until such time as the exact
amount of damages due CITY from SUBRECIPIENT is determined.
SUBRECIPIENT hereby expressly waives any and all claims for damages for
compensation arising under this Agreement except as set forth in this Section in the event of
such termination.
24. Effect of Termination
Upon termination, as stated in Section 3 or 23 of this Agreement, the CITY shall be
liable to SUBRECIPIENT only for work done by SUBRECIPIENT up to and including the date
of termination of this Agreement, unless the termination is for cause, in which event
SUBRECIPIENT need be compensated only to the extent required by law.
25. Ownership of SUBRECIPIENT's Work Product
CITY shall be the owner of any and all computations, plans, correspondence and/or
other pertinent data and information gathered or prepared by SUBRECIPIENT in
performance of this Agreement and shall be entitled to immediate possession of the same
upon completion of the work under this Agreement, or at any earlier or later time when the
same may be requested by CITY.
26. Taxpayer Identification Number
SUBRECIPIENT shall provide CITY with a complete Request for Taxpayer
Identification Number and Certification, Form W-9 (Rev. 2007), as issued by the Internal
Revenue Service.
27. Modification of Agreement
Except as provided in Section 3, the tasks described in this Agreement and all other
terms of this Agreement may be modified only upon mutual written consent of CITY and
SUBRECIPIENT.
28. Use of the term "CITY"
Reference to "CITY" in this Agreement includes CITY Manager, the designated CITY
representative, or any authorized representative acting on behalf of CITY.
29. Notices
All notices given, or required to be given, pursuant to this Agreement shall be in writing
and may be given by personal delivery or by mail. Notice sent by mail shall be addressed to
each party's designated representative as set forth above. When addressed in accordance
2020 Subrecipient Agreement Cathedral City CDBG Program
with this Section, such notice shall be deemed given upon deposit in the United States mail,
postage prepaid. In all other instances, notices shall be deemed given at the time of actual
delivery. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this Section.
30. Permits and Licenses
SUBRECIPIENT, at its sole expense, shall obtain and maintain during the term of this
Agreement, all appropriate permits, licenses, and certificates that may be required in
connection with the performance of services under this Agreement.
31. Waiver
A waiver by the CITY of any breach of any term, covenant, or condition contained in
this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant, or condition contained in this Agreement whether of the same or
different character.
32. Governing Law
The terms of this Agreement shall be interpreted according to the laws of the State of
California. Should litigation occur, venue shall be in the Superior Court of Riverside County.
33. Specific Conditions
The SUBRECIPIENT agrees to the following specific conditions:
a) Maintain complete and accurate records of the information needed for the
Cathedral City CDBG Program.
34. Integrated Agreement
This Agreement represents the entire Agreement between the CITY and the
SUBRECIPIENT and all preliminary negotiations and agreements are deemed a part of this
Agreement. No verbal agreement or implied covenant shall be held to vary the provisions of
this Agreement. This Agreement shall bind and inure to the benefit of the parties to this
Agreement and any subsequent successors and assigns.
2020 Subrecipient Agreement Cathedral City CDBG Program
In Witness Whereof, the parties have signed this agreement on the dates set
forth below.
Grantee Subrecipient
CITY OF CATHEDRAL CITY CATHEDRAL CITY SENIOR CENTER
c
By , C Cl
Charles P. McClendon, City Manager Gillian Cross, Board President
ATTEST:
ui
4raceyR & *MC
City Clerk
APPROVED AS TO FORM:
Eric S. Vail
City Attorney
2020 Subrecipient Agreement Cathedral City CDBG Program
EXHIBIT A
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF CATHEDRAL CITY
AND
CATHEDRAL CITY SENIOR CENTER
FOR
CDBG-CV: MOBILE SENIOR SERVICES
SCOPE OF SERVICES
SUBRECIPIENT shall be responsible for administering the following eligible activities under
the Community Development Block Grant(CDBG) Program and for the City of Cathedral City
in a manner satisfactory to the Grantee and consistent with any standards required as a
condition of providing these funds:
1. The SUBRECIPIENT services shall be coordinated and carried out to include the
following Services while adhering to the County of Riverside guidelines for COVID-19
(Coronavirus):
a) Deliver and provide meals and grocery items to elderly individuals/members
through its Mobile Pantry Program to continue to provide the same level of
service while maintaining social distancing requirements to prevent the
spread of COVID-19 (Coronavirus).
b) Provide online programs and services to elderly individuals/members to meet
social distancing requirements.
c) Provide the Bilingual Outreach Program online to elderly individuals/members.
d) Purchase necessary cleaning, disinfecting, and/or sanitizing supplies to
deliver and provide services in a safe and healthy manner.
e) Purchase additional personal protective equipment (PPE) for both Senior
Center Staff and clientele to prevent the spread of COVID-19 (Coronavirus).
f) Assist at least 600 unduplicated clients/individuals during the contract period.
2. The Subrecipient shall administer the programs and services with the following while
adhering to the County of Riverside guidelines for COVID-19 (Coronavirus):
a) Staffing: Competent, professional staff members will be provided to administer
the programs and services, all of whom are trained to work with a multi-ethnic
population and deliver services in a non-discriminatory manner.
2020 Subrecipient Agreement Cathedral City CDBG Program
b) Work Plan: Provide modified services to elderly individuals and members
through the following means and activities:
a. Deliver and provide meals and grocery items to elderly individuals and
members through the Mobile Pantry Program on a frequency
determined by the Center.
b. Provide online seminars and classes on issues related to mental and
physical health for seniors. Provide online education to seniors on
healthy living, insurance, fitness, abuse, smoking cessation, safety and
many other topics that aid in the well-being of seniors.
c. Provide online activities that promote mental and physical health and
wellness. These activities include, but not limited to, online dance
classes, online fitness classes, online yoga, online computer classes,
and other online educational classes.
d. Programs and services shall be made available to all seniors in
Cathedral City that meet the income requirements.
2. During performance of the Services, the SUBRECIPIENT shall keep the City informed
of the status of performance by delivering the following status reports:
a) Quarterly accomplishment report, July 2020 through June 2021.
b) Quarterly direct benefit activity report, July 2020 through June 2021.
3. The SUBRECIPIENT shall utilize the following personnel to accomplish the programs
and services:
a) The Executive Director will provide services requested;
b) Personnel to deliver meals and grocery items to seniors as part of its Mobile Pantry
Program;
I
c) Personnel to provide online programs and services to seniors to deliver the same
level of service.
2020 Subrecipient Agreement Cathedral City CDBG Program
EXHIBIT B
Cathedral City Senior Center
for
CDBG-CV: Mobile Senior Services
SCHEDULE OF COMPENSATION
1. AMOUNT OF COMPENSATION. For performing and completing all work and services
described in Exhibit A, and for providing all materials required therefore, CITY shall pay
SUBRECIPIENT the total amount of:
NOT TO EXCEED: $75,000.00
LINE ITEM AMOUNT
Personnel Services:
Salaries and staff costs related to Scope of Services. $20,000.00
Non-Personnel Services:
Vehicle and travel expenses, utilities, liability
insurance, equipment leases and cleaning supplies,
and personal protective equipment (PPE). $15,000.00
Programs and Services:
Mobile Pantry Program (Meal and Food Delivery)
Online programs and Services. $40,000.00
TOTAL $75,000.00
The above total amount listed shall include all out—of—pocket expenses incurred by
SUBRECIPIENT in the performance of such services.
2. BILLING. At the end of each quarter in which services are performed or expenses are
incurred under this Agreement, and prior to the 101h day of the following month,
SUBRECIPIENT shall submit an invoice to the CITY at the following address:
City of Cathedral City
CDBG Program
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
The SUBRECIPIENT may also opt to submit billing on a quarterly basis,
accompanying the quarterly report. In the event a quarterly report is not submitted on a timely
basis, the reimbursement a submitted invoice may be upheld until the SUBRECIPIENT
complies with the terms stated in Section 16 of this Agreement.
3. METHOD OF PAYMENT. Payment to SUBRECIPIENT of the compensation specified
in Section 1 of this Exhibit shall be made as follows:
2020 Subrecipient Agreement Cathedral City CDBG Program
a) Subject to the maximum allowable compensation set forth in Section of this Exhibit,
the CITY shall pay the SUBRECIPIENT, based on the submittal and approval of
an invoice, on the basis determined by this Agreement during the term of this
Agreement.
b) Terms shall be pay immediately.
2020 Subrecipient Agreement Cathedral City CDBG Program
EXHIBIT C
Cathedral City Senior Center
for
CDBG-CV: Mobile Senior Services
LIABILITY AND INSURANCE REQUIREMENTS
1. Types and Amounts of Insurance Coverage. Subrecipient shall provide the
following types of insurance designated in this section by a check mark that includes coverage
limits complying, at a minimum, with the limits set forth herein:
Type of Insurance Limits (comb. single)
Errors and omission $1,000,000
Commercial gen. liability $1,000,000
Business auto liability $1,000,000
Workers compensation Statutory Limit
2. Insurance Policy Forms and Provisions. The insurance policies provided by
SUBRECIPIENT in compliance with the requirements of this Section shall conform to all of
the following requirements regarding policy forms and provisions.
a) Commercial Liability Insurance shall be provided on ISO-CGL Form No. CG 00 01
11 85 or 88. Aggregate limit endorsements shall be evidenced on either ISO Form
No. CG 25 03 11 85 or ISO Form No. CG 25 04 11 85. City and all of City's officers,
employees, agents and volunteers shall be named as additional insureds under
such insurance coverage using the City's standard form endorsement or ISO Form
No. CG 20 10 11 85 (in no event with an edition date later than 1990).
Coverage shall apply on a primary non-contributing basis in relation to any other
insurance or self-insurance, primary or excess, available to City or any officer, employee,
agent or volunteer of City.
Coverage shall not be limited to the vicarious liability or supervisory role of any
additional insured. There shall be no cross-liability exclusion and no contractor limitation
endorsement. In addition, there shall be no endorsement or modification limiting the scope of
coverage for liability arising from pollution, explosion, collapse, underground property
damage or employment-related practices, except for a provision or endorsement limiting
liability arising from pollution to liability caused by sudden or accidental pollution.
Any umbrella liability insurance over primary insurance provided to meet primary limits
shall apply to bodily injury, personal injury and property damage, at a minimum. Coverage
shall be as broad as any required underlying primary coverage, and shall include a "drop
down" provision providing primary coverage for liability not covered by primary policies but
covered by the umbrella policy. Coverage shall be provided with defense costs payable in
addition to policy limits. Coverage shall have starting and ending dates concurrent with the
underlying coverages.
2020 Subrecipient Agreement Cathedral City CDBG Program
b) Errors and Omissions Insurance shall be provided covering liability for professional
malpractice. Such coverage shall be on an "occurrence basis" if such coverage is
available, or on a "claims made" basis if not available. When coverage is provided
on a "claims made basis, Subrecipient shall continue to maintain the insurance in
effect for a period of three (3) years after this Agreement expires or is terminated
(hereinafter the "extended insurance"). Such extended insurance shall have the
same coverage and limits as the policy that was in effect during the term of this
Agreement, and shall cover Subrecipient for all claims made by City arising out of
any errors or omissions of Subrecipient, or the officers, employees or agents of
Subrecipient during the time this Agreement was in effect.
c) Business Auto Coverage shall be provided on ISO Business Auto Coverage Form
No. CA 00 01 06 92 including symbol 1 (any auto). As in the case of general liability
insurance requirement, City and all of City's officers, employees, agents and
volunteers shall be named as additional insureds under such insurance coverage
using City's Standard form endorsement or ISO Form No. CG 20 10 11 85 (in no
event with an edition date later than 1990). The insurance policy providing such
coverage shall be scheduled as underlying insurance to any umbrella policy
required above meeting general liability insurance requirements.
d) Workers' Compensation/Employer's Liability Coverage shall provide workers'
compensation statutory benefits as required by law. Unless otherwise agreed, this
policy shall be endorsed to waive any right of subrogation as respects to the City
and City's officers, employees, agents and volunteers. Employer's liability
coverage provided by such insurance shall be scheduled under any primary or
umbrella policy described above to meet general liability insurance requirements.
3. Additional Insurance Requirements. SUBRECIPIENT agrees to comply with the
following additional requirements with respect to the insurance provided pursuant to this
Section:
a) Unless otherwise approved by the City, Subrecipient's insurance shall be written
by insurers authorized to do business in the State of California, and with a minimum
"Best's" Insurance Guide rating of"A: VII." Self-insurance will not be considered to
comply with these insurance specifications.
b) Subrecipient shall provide evidence of the insurance required herein, satisfactory
to City, consisting of certificate(s) of insurance (separate additional insured
endorsement) evidencing all of the coverages required, copies of the insurance
policies themselves or any portions thereof, and any required endorsements.
Certificate(s) are to reflect that the insurer will provide 30 days' notice of any
cancellation of coverage. Subrecipient shall require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, and to delete the word •
"endeavor" with regard to any notice provisions.
2020 Subrecipient Agreement Cathedral City CDBG Program
c) Requirements of specific coverage features or limits contained in this Section are
not intended as a limitation on coverage, limits or other requirements, or a waiver
of any coverage normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only and is not intended by any
party to be all inclusive, or to the exclusion of other coverage, or a waiver of any
type. Coverage shall not be limited to the specific location, individual or entity
designated as the address of the project or services provided for by this
Agreement.
d) Subrecipient shall ensure that coverage provided to meet these requirements is
applicable separately to each insured, and that there will be no cross-liability
exclusions that preclude coverage for suits between Subrecipient and City,
between Subrecipient and any other named insureds or additional insureds under
the insurance policy, or between City and any party associated with City or City's
officers, employees, agents or volunteers.
e) All general or auto liability insurance coverage provided pursuant to this
Agreement, or any other agreements pertaining to the performance of this
Agreement, shall not prohibit Subrecipient, and Subrecipient's employees or
agents, from waiving the right of subrogation prior to a loss. By these presents,
Subrecipient waives its right of subrogation against the City.
f) Any failure on the part of City or any other additional insured under these
requirements to obtain proof of insurance required under this Agreement in no way
waives any right or remedy of City or any other additional insured in this or any
other regard.
g) In the event any policy of insurance required under this Agreement does not
comply with these requirements or is canceled and not replaced, City has the right,
but not the duty, to obtain the insurance it deems necessary to meet the
requirements of this Agreement, and any premium paid by City for such insurance
will be promptly reimbursed by Subrecipient, or, if not promptly reimbursed,
deducted from any compensation to be paid by City to Subrecipient pursuant to
this Agreement.
h) Subrecipient will provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Such proof will be furnished at least
72 hours before expiration of coverage.
i) Subrecipient shall require all subcontractors or other parties hired by Subrecipient
to perform any part of the services required by this Agreement to purchase and
maintain all of the insurance specified above and all such commercial general
liability insurance and business automobile insurance shall name as additional
insureds all parties to this Agreement. Subrecipient shall obtain certificates
evidencing such coverage and make reasonable efforts to ensure that such
coverage is provided as required herein. No contract used by any Subrecipient, or
contracts Subrecipient enters into on behalf of City, will reserve the right to charge
2020 Subrecipient Agreement Cathedral City CDBG Program
1
back to City the cost of insurance required by this Agreement. When requested,
Subrecipient shall provide City will all agreements with subcontractors or others
with whom Subrecipient contracts with on behalf of City, and with all certificates of
insurance obtained in compliance with this Section. Failure of City to request
copies of such documents will not impose any liability on City, or its employees.
j) Subrecipient shall provide immediate notice to City of any claim against
Subrecipient or any loss involving Subrecipient that could result in City or any of
City's officers, employees, agents or volunteers being named as a defendant in
any litigation arising out of such claim or loss. City shall not incur any obligation or
liability by reason of the receipt of such notice. However, City shall have the right,
but not the duty, to monitor the handling of any such claim or loss that is likely to
involve City.
k) In the event of any loss that is not insured due to the failure of Subrecipient to
comply with these requirements, Subrecipient will be personally responsible for
any and all losses, claims, suits, damages, defense obligations and liability of any
kind attributed to City, or City's officers, employees, agents or volunteers as a
result of such failure.
2020 Subrecipient Agreement Cathedral City CDBG Program
A�® CERTIFICATE OF LIABILITY INSURANCE DAO (MW 020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER NAMEACT JOVANY M.CALVILLO/LIC#OG40189
StateFarlal TIMOTHY WOOD,LIC#0697033 (AHCNo.ExtY. 760-770-0700 r2.No): 760-770-9282
n 35963 DATE PALM DR ADORIESS: JOVANY.M.CALVILLO.TNJS@STATEFARM.COM
CATHEDRAL CITY,CA 92234 INSURER(S)AFFORDING COVERAGE NAICC _
INSURER A: State Farm General Insurance Company 25151
INSURED
INSURER B:
CATHEDRAL CITY SENIOR CENTER INSURER C: _ —
37171 W.BUDDY ROGERS AVE INSURER D:
CATHEDRAL CITY,CA 92234 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVO POLICY NUMBER (MMIDDIYYYY) (MM/DD/YYY`) LIMITS
XCOMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
[5<1DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES(Ea nrrence) $ 3,000,000
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MED EXP(Any one person) $ 5,000
A _ 90-EF-X812-7 10/15/2019 10/15/2020 PERSONAL 8 ADV INJURY S 1,000,000
GEN/AGGREGATE LIMIT APPUES PER: GENERAL AGGREGATE $ 2,000,000
R POLICY ECT LOC2,000,000
PRODUCTS-COMP/OP AGG S
OTHER: S
AUTOMOBILE LIABILITY 465 9710-D15-55 10/15/2019 10/15/2020 COMBINED SINGLE LIMB S
(Ea accident)
X ANY AUTO BODILY INJURY(Per person) S
A OWNED SCHEDULED BODILY INJURY(Per accident) S
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE S
AUTOS ONLY _ AUTOS ONLY _(Per acddentl _
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X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2,000,000
A EXCESS LIAR CLAIMS-MADE 90-EF-Y178-2 10/15/2019 10/15/2020 AGGREGATE $ 4,000,000
DED RETENTIONS S
WORKERS COMPENSATION PER OTH-
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DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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