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HomeMy WebLinkAboutContract 1954 COMMUNITY DEVELOPMENT BLOCK GRANT COVID-19 EMERGENCY RESPONSE SUBRECIPIENT AGREEMENT NO. 21-003 BETWEEN THE CITY OF CATHEDRAL CITY AND CATHEDRAL CITY SENIOR CENTER Federal Grant No. : B-20-MW-06-0603 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 Cathedral City Senior Center, Federal Tax Number: (hereinafter referred to as "SUBRECIPIENT."). WHEREAS, on March 27, 2020, the President of the United States signed H.R. 748, known as the Coronavirus Aid, Relief, and Economic Security ("CARES") Act, which provides an additional $5 billion of Community Development Block Grant— Coronavirus ("CDBG-CV") funds to rapidly prepare, prevent, and respond to the coronavirus pandemic; and WHEREAS, the City has received CDBG-CV CARES Act, Public Law 116-136 from the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, CARES Act provides that the City may grant the CDBG-CV funds to nonprofit organizations for certain purposes allowed under the CARES Act, namely according to HUD, the City "may use the funds for a range of eligible activities that prevent and respond to the spread of infectious disease such as the coronavirus"; and WHEREAS, the Provider is a nonprofit organization that operates a program that is eligible for a grant of CDBG-CV funds and the City desires to assist in the operation of the program by granting CDBG-CV Funds to the Provider to pay for all or a portion of those costs incurred in operating the program permitted by the Act and the Regulations on terms and conditions more particularly set forth herein; WHEREAS, according to federal regulations(24 CFR 570.503), before disbursing any CDBG funds to a subrecipient, a written agreement shall be signed by the recipient and subrecipient; and NOW, THEREFORE, the parties hereto agree as follows: PURPOSE This Agreement sets forth the responsibilities of CITY and SUBRECIPIENT 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". 2021 Subrecipient Agreement Cathedral City CDBG Program 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. 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, 2021 to June 30, 2022. 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. 2021 Subrecipient Agreement Cathedral City CDBG Program 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: CMcClendon(cr�cathedralcity.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, President & CEO Post Office Address: 37137 W. Buddy Rogers Ave. Cathedral City, CA 92234 E-mail Address: geoff©cathedralcenter.org 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, 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; 2021 Subrecipient Agreement Cathedral City CDBG Program 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; 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 FederallyRecognized Indian Tribal p 9 9 Governments" and referred to as the "Common Rule"; 2021 Subrecipient Agreement Cathedral City CDBG Program 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; 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 2021 Subrecipient Agreement Cathedral City CDBG Program 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, political affiliation, 9 9 sex, 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, 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 familyties, duringtheir tenure or foraperiod of one (1) year thereafter. For purposes of this P P 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 2021 Subrecipient Agreement Cathedral City CDBG Program 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 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; 2021 Subrecipient Agreement Cathedral City CDBG Program 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. 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; 2021 Subrecipient Agreement Cathedral City CDBG Program 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 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. 2021 Subrecipient Agreement Cathedral City CDBG Program 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 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' 2021 Subrecipient Agreement Cathedral City CDBG Program 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 Ag Bement 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 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). 2021 Subrecipient Agreement Cathedral City CDBG Program 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)Y ears 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. 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 2021 Subrecipient Agreement Cathedral City CDBG Program 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 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. 2021 Subrecipient Agreement Cathedral City CDBG Program 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 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. 2021 Subrecipient Agreement Cathedral City CDBG Program 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: None. 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. 2021 Subrecipient Agreement Cathedral City CDBG Program II 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 JBy. - By: Charles P. McClendon, City Manager Geoff Corbin, President & CEO ATTEST: 4race-y City Clerk APPROVED AS TO •RM: Eric S. Vail City Attorney 2021 Subrecipient Agreement Cathedral City CDBG Program EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CATHEDRAL CITY AND CATHEDRAL CITY SENOR CENTER 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 will be coordinated and carried out to include the following Services: a) Continually operate a physical facility to prep, stage, and implement all programs and services designed for low, extremely-low, and no-income seniors and other Cathedral City residents, safely, with COVID protocols, and provide personal protective equipment (PPE)for participants and staff. b) Provide vaccinations (COVID-19, flu, shingles, pneumonia), COVID testing, and other health screenings(e.g., blood pressure). Provide wellness services including recreation/education programs along with case management from social workers. c) Deliver and provide meals and grocery items, safely, in accordance with COVID protocols. d) Provide online activities for people who are homebound, have disabilities, or are sheltering in-place, to reduce the effects of social isolation. e) Provide bilingual community outreach regarding available services and programs. The services aim to benefit 25,000 low-moderate income seniors in Cathedral City. 2. As part of the Services, the SUBRECIPIENT shall provide and deliver the following services to: a) Staffing: Competent, professional staff members will be provided to administer the program, all of whom are trained to work with a multi-ethnic population and deliver services in a non-discriminatory manner. b) Work Plan: Participants are assisted with services through the following means and activities: 2021 Subrecipient Agreement Cathedral City CDBG Program Resources and referrals; Meals, Health services including vaccinations, COVID testing and other health screenings; Recreational/educational programs; Medical supplies; Case management and online activities for the homebound or disabled; Bilingual outreach. 3. During performance of the Services, the SUBRECIPIENT shall keep the City appraised of the status of performance by delivering the following status reports: a) Quarterly accomplishment reports, July 2021 through June 2022. b) Quarterly direct benefit activity report, July 2021 through June 2022. 4. The tangible work status reports will be delivered to the City pursuant to the following schedule: a) Within 10 days of the end of the month, for quarterly reports. b) As agreed upon at the time of request. 5. The SUBRECIPIENT will utilize the following personnel and supplies to accomplish the Services: a) The President & CEO will provide services requested; b) The Bilingual Community Outreach Coordinator will provide assistance, referrals, and resources, and; c) Cathedral City Senior Center Support Staff 2021 Subrecipient Agreement Cathedral City CDBG Program • • • CATHEDRAL CITY 1 \ / SEN IORCENTER FY22 CDBG PROPOSAL CARES Pandemic-Related Programs, Services, and Outreach Engaging Low-Income, Marginalized Cathedral City Communities A. COVER LETTER 1. Agency contact Geoff Corbin, President & CEO, Cathedral City Senior Center 37137 W. Buddy Rogers Ave., Cathedral City, CA 92234, 760-321-1548 0, 404-759-8443 c, geoff(a�cathedralcenter.orq, www.theccsc.orq 2. The purpose of the organization Since 1980, Cathedral City Senior Center(CCSC) has provided for the needs of Cathedral City's seniors, their families, and caregivers. We proudly serve Cathedral City residents and seniors in bordering cities regarding their aging issues; healthy aging in place, as well as broader nutritional and crisis needs; access to free motel vouchers, provision of emergency meal kits, grocery store, and gas station gift cards; and access to CVRM, APS, and a network of resources throughout the valley. CCSC offers recreation, exercise, nutrition, wellness, social opportunities, access to social services, transportation, cultural and educational experiences that prevent isolation, promote independence, healthy living, and quality of life for older adults and caregivers. Because area seniors face medical, nutritional, transportation, and financial challenges, we provide our services regardless of ability to pay. CCSC is uniquely positioned to provide services typically executed by large social services agencies and programming often offered by community centers—managed by a municipal parks department—to a broader, more diverse audience of seniors and younger city residents who makeup up Cathedral City. CCSC is a one-stop aging resource and service center with more than 600 senior members, who might refer to CCSC as their home away from home; another 5000 older adults who routinely utilize programs and services multiple times annually; and over 40,000 people from across the valley who visit the Center annually. Further, thousands of seniors utilize social media, virtual programming (e.g., CCSC@Home), and call or email for resources, information, and referrals. Where CCSC fits in the tapestry of senior centers across Coachella Valley There are fourteen senior centers or senior center operations and initiatives within municipal community centers in Coachella Valley. Eleven are publicly funded and managed by city governments, Riverside County, or the Desert Recreation District, a special government district. For example, Indio's new multimillion-dollar senior center facility was built and is maintained by the city, and the 1.3MM+ program budget is a line item in the city budget. The three nonprofit senior centers are all in West valley and border one another. The centers bordering either side of Cathedral City are Mizell Senior Center serving Palm Springs, a city of 44,000, and Joslyn Senior Center in Palm Desert, 51,000, also serving Rancho Mirage and Indian Wells. Role in Cathedral City Cathedral City is a diverse working city of 55,000 residents, with particularly high-need seniors. Yet, Cathedral City Senior Center faces the challenge of historically and significantly less public funding combined with a small but growing private donor base. Public and private funding sources are on a tremendous trajectory but are insufficient to serve all the local seniors in need. Space is another significant barrier to growth, so the center is responding with site-specific community programming throughout the city. Cathedral City is a minority-majority city. Nearly 60% of Cathedral City residents are Hispanic; therefore, we have a substantial Spanish-speaking population. Over 40% of our residents reside in low-income census tracts. In 2021, CCSC's board of directors committed the agency to a concerted effort to serve BIPOC and marginalized communities. For instance, CCSC has an agreement with the Braille Institute that added 42 Braille members and a host of low-sight-oriented programming. The center also provides ASL and language classes, including Spanish for Spanish Speakers, teaching Spanish reading and writing. Modernizing to address the Silver Tsunami — Becoming a 21st century center for active living CCSC is modernizing to become a 21st-century community center for active living in part because the so-called 'silver tsunami' of aging Boomers is upon us. By 2050, nearly 20 percent of the United States population will be 65 or older, compared to 15 percent today. In the Coachella Valley in 2015, the number of people 60 years and older far exceeded state averages. The age brackets from 70 to 79 were 100 percent greater than the state average. Overall, 25.5 percent of Coachella Valley residents were older than 60, while the state showed 17.5 percent. In part, these statistics are on the rise because the valley is a popular winter getaway and a major retirement destination. aging the Valley ages, CCSC is preparing for the increase in the ag g population, their changing interests, needs, and how this will impact the senior center's role in providing services. We are asking the community what it will take to attract this population to the center, to be their gathering place and a vital source of entertainment, recreation, education, and arts. We want to provide the help they need to remain connected to their community, age in place, and keep active minds, spirits, and bodies. Boomers don't see themselves at traditional senior centers. Yet, like all seniors before them, they need to remain active, with healthy minds and bodies to remain independent as long as possible. Crucially, CCSC must transform to meet the needs of the vast age span and diversity of residents in our majority-minority, low-income community. CCSC will double its membership in three years with the community outreach initiative by attracting more of Cathedral City's Spanish-speaking majority. As the only city in the valley without a parks department or a community center, CCSC meets additional demands. CCSC's outreach initiative is essential for our strategic transformation and expansion into a 21st- century community center for active living. Community outreach mandate: engaging marginalized communities Cathedral City's Hispanic and Spanish-Speaking Communities In 2021, the senior center board of directors approved, and the agency launched a momentous outreach initiative to reflect better the communities we serve. Thanks to a generous private seed grant, CCSC hired a half-time Community Outreach Coordinator Page 2 of 14 I 11/29/2021 Alma Gutierrez.Also, the board elected our new board chair, Luz Gonzalez, in June 2021; both Luz and Alma are native Spanish speakers forming a coalition of partners to help CCSC achieve its goal of engaging the marginalized majority Hispanic and minority communities. Currently, CCSC is planning site-based programming around Cathedral City, including the library, Dream Home Neighborhood, apartment buildings, churches, schools, and other venues. The senior center has significantly increased its Spanish-language programming both on-site and in the community. Alma serves scheduled hours on-site at gathering places, such as Mountain View, Heritage View, St. Louis Catholic Church, and many others across Cathedral City, providing social services assistance and resources for Spanish speakers. [Notably, CCSC now enjoys an outstanding partnership with St. Louis Catholic Church, mending a vital relationship.] Pandemic-related challenges CCSC has identified three significant challenges enhanced by the epidemic: isolation, misinformation, and, critically, nutrition. Isolation—a silent killer The harmful effects of isolation are devastating. Necessary COVID-19 protocols and fear of acquiring COVID in the hospital and other medical settings delay routine care. Seniors with chronic diseases face a slew of complications, illness, and death. Approximately 600+ seniors experience their most meaningful sense of community at the senior center due to losing a spouse, family separation, medical, financial, and nutritional challenges. Part of the center's mission is to prevent isolation; yet, isolation is the effective strategy to contain the epidemic. While potentially lifesaving during COVID-19, isolation is also unhealthy for seniors and potentially deadly. Loneliness is an impactful risk factor with debilitating health effects, including hypertension, insomnia, depression, anxiety, and lowered immune function. There are studies comparing isolation to smoking 15 cigarettes a day. CCSC first converted basic isolation-reduction programming from space-based, center-centric to virtual gatherings and then planned a safe, phased reopening for vaccinated participants to attend programs by reservation, in limited numbers, and with safety and health protocols in place. Eventually, CCSC hopes to return to the senior community's living room to hang out, visit, play, and share food and friendship. Misinformation—hurting marginalized people—CCSC access to accurate information The 40,000+ people who call or visit the CCSC website and social media receive vetted, accurate information about COVID and COVID-related resources from a trusted local source. CCSC access to COVID-19 and other vaccinations (flu, pneumonia, shingles, boosters) CCSC has conducted three vaccination events on-site and referred and provided transportation and support to multiple community vaccination sites. Hidden victims of the pandemic: Low-income, under-served, and marginalized communities Over 51% of CCSC participants are Cathedral City residents, and 49% are from nearby cities; they utilize CCSC's social and nutritional services disproportionately and heavily. Estimates are that Cathedral City seniors and other residents compose 80% of participants in CCSC's services designed for seniors in need and designed to respond to COVID-19. Page 3 of 14 I 11/29/2021 Also, CCSC is at the base of a 75-unit HUD senior housing complex, Tierra del Sol (TdS), operated by Mercy Housing.TdS residents receive a lifetime CCSC membership as a part of our lease agreement. CCSC works closely with TdS to provide its residents with a convenient and comprehensive array of intensive programs and services. CCSC is across from a central bus terminal, near a significant homeless encampment, and in a low-income neighborhood. Our location provides a steady stream of low-income and unhoused people who participate in the Food Bank, request emergency food kits, grocery and gas station gift cards, motel vouchers, and require crises service interventions and referrals. The pandemic's hidden victims require more service, not less. As just one example, the demand on CCSC for donated household goods, clothing, medical mobility, and health- related supplies—which we typically sell at very reasonable prices in quarterly rummage sale fundraisers—has increased dramatically, and we now provide free. So, in addition to the significantly enhanced nutrition and crisis referral services we offer, CCSC now provides all the above items at no cost to seniors and their families in need. Unprecedented agency and client need due to COVID-19 On March 17, 2020, Cathedral City Senior Center closed to public walk-ins. We pivoted immediately to CARES-specific initiatives, providing aid, relief, and security for low- income, marginalized communities to help prevent, prepare for, and respond to Coronavirus. Before March 2020, the senior center invested staff time, volunteers, board leadership, and financial resources, which includes fundraising, branding, advertising, and other apparatus, to create community celebrations, increase visibility, visitorship, membership, diversity, community outreach, and a targeted campaign to raise an additional $150,000 by the calendar year-end. This focused effort in infrastructure, capacity, and sustainability was stalled, and time-sensitive objectives are now at risk. For example, at-risk is the addition of a new bilingual staff position necessary to create Spanish-speaking outreach and programming. Also at risk is a feasibility initiative for program planning through community town halls to determine the need for new or renovated space and the resident agencies and collaborations to make that possible. The addition of intergenerational programming is another stalled initiative in jeopardy. Due to COVID-19, Cathedral City Senior Center (CCSC) is experiencing an unprecedented need for funding to continue and expand essential pandemic services. Intensifying the financial need, CCSC is simultaneously enhancing a significant new diversity and outreach initiative. CCSC will double its membership in three years to reflect the majority Hispanic community and minority communities, including indigenous people, transitioning from the traditional senior center model into a sustainable 21st-century community center for active aging. Many participants are faced with additional economic challenges resulting from the pandemic, often manifesting as nutrition insecurities. Loneliness and isolation, a challenge for aging adults, many of whom lost spouses and friends in the pandemic, became even more endemic in the senior population. As a result, individual and community health has declined, and for seniors, mobility issues increased. Page 4 of 14 I 11/29/2021 Participants require more social services to assist them with a range of needs to navigate this uncertain, dangerous epidemic. Consequently, the costs of providing enhanced services to more participants have increased. The Center does not turn away anyone due to inability to pay (e.g., more than 50% of CCSC members receive scholarships, and activity fees are on a sliding scale). Nutrition The immediate transition from weekly in-person food bank shopping and daily in- house lunch dining to grab-and-go and delivery requires full use, cooling, and intense cleaning of our facility. CCSC provides a limited shopping experience with pre-packed bags, allowing quarter-room capacity for a limited shopping experience to add cold foods, meats, fresh fruit, vegetables, dairy, and bread to the dry and canned goods. Volunteers assemble, stage, and prepare bags of food, medical mobility equipment, other health supplies, household goods, clothing, and lunches for pickup and delivery. Fixed costs of keeping the facility operating (insured, cooled, sanitized, vans driving, etc.) remain a significant expense. Many volunteers able to work at the facility with regularity are also high-risk because of their age. Accordingly, we have purchased highly professional sanitizing defoggers and do our best to exceed public health protocols to keep them safe. CCSC continued and expanded its daily and weekly nutrition programs in FY 2021, including multiple meals on Friday to cover the weekend. CCSC distributes more hot "grab and go" lunches than ever before, safely, to individuals who have been pre- qualified by the federal "meals on wheels" program (for which CCSC is a congregant lunch site.) The Center supports others who meet FIND requirements. FIND food bank pre-qualifies individuals based on need. The application process is not difficult; CCSC assists in completing the application. While seniors are CCSC's focus, no one in need is turned away, regardless of their age or qualifying status. The Food Bank is open to those individuals living in the community's low-income HUD housing complexes in Cathedral City. Currently, most individuals reside in Mercy Housing Tierra del Sol development atop CCSC, and residents of other low-income housing complexes also attend. Transportation is an issue for non-Mercy housing residents, and CCSC is readying to receive a passenger van, a contribution resulting from Cathedral City touting the senior center as a community asset in their economic development work. With our current aging van, and volunteers willing to utilize their vehicles, our nutrition programs currently offer limited food delivery if necessary. CCSC is poised to expand as the need expands. Recent additions to CCSC's frozen food storage capacity allowed CCSC to provide more proteins to those in need. FIND Food Bank provides the food for the Food Bank programs at a much-reduced cost to CCSC. Trader Joe's of Cathedral City weekly donates large quantities of perishable vegetables, bread, and other foodstuffs when the packaging is damaged in shipment. CCSC also receives weekly fresh food donations from the local Starbucks, Panera Bread, and the Grocery Outlet. When necessary, CCSC supplements food provided by others with weekly shopping trips to retail outlets purchasing proteins and Page 5 of 14 I 11/29/2021 other food not provided by our suppliers. On Saturday and Sunday each week, the staff uses the agency van to collect food from the various retail establishments donating to CCSC. A small army of volunteers congregate at the Senior Center to assemble the food bags and prepare the Center for the "grab and go" safe food distribution on Monday. Keeping the building clean and safe for these volunteers is of utmost importance, as is providing a touchless food distribution program on Mondays. A dedicated staff is critical to this program. In 2020-21, CCSC served 7,400 low-income seniors and their families with nutritional services, including 4,081 through our weekly Food Bank, 3,194 daily lunches, and hundreds of holiday meals. Friendly Connections Wellness Check Calls Volunteers make CCSC's Friendly Connections wellness check calls daily and weekly to homebound seniors and others who need a friendly voice. CCSC recognizes that isolation is a significant cause of medical decline for seniors, so friendly wellness calls are essential. The caller can arrange for a CCSC volunteer to run errands, pick up medication, and do other necessary out-of-house duties, which the senior is incapable of doing. We know from anecdotal evidence that these calls can also be lifesaving, identifying seniors who cannot call for help themselves. This program is supervised by staff. Virtual Program Since the start of the Pandemic, CCSC has been developing a robust Virtual Program. Launched in June 2020, CCSC@Home provides a variety of programs, including cooking demonstrations, exercise and fitness classes, programs from the Palm Springs Air Museum, an art'painting' class with supplies provided through the CC Arts Commission and SCRAP Gallery, Spanish anish and French classes, how to use Zoom, travel series, natural history tours and a weekly Thirsty Thursday where friends and acquaintances gather virtually for conversation and camaraderie over a glass of wine. We invested heavily in updating our capacity, infrastructure, brand, and reach as we launched the first phase to create a virtual senior center. CCSC@Home offers an eclectic mix of online programming by local instructors and sharing local, regional, and national resources. As the program grows, CCSC hopes to enhance the offerings substantially and reach and offer CCSC@HomeEspanol in the next phase. With limited digital expertise, capacity, and infrastructure, CCSC online offerings have significant room for growth and development. CCSC creates a community of digitally linked seniors who securely talk with other seniors, make friends, and create relationships. We are teaching seniors how to: use Zoom, Skype, Google Hangouts, Facebook, take our local CCSC branded classes, use links to national content made accessible to them, use email and video chat with peers. They will be alerted to and become savvy to scammers. CCSC@Home bridges distances—it is personal, community-based, and keeps seniors safe at home but not alone. This programming is designed to stimulate brains. Planning each day to see what's available for viewing or participation forces people to get up, dressed, and organized. When funding is secured, the next phase will offer seniors who are part of the program Page 6 of 14 I 11/29/2021 unlimited technical support by phone or online, plus Skype and email accounts. Social Services Partnerships and collaborations have been a foundation of CCSC's success and are integral to our goal of future sustainability. Important new alliances are in jeopardy. For example, the Joslyn Center provides various intensive wellness programs and services on-site at CCSC that would otherwise be unavailable to our members. Many CCSC seniors are unable to travel to other centers, so this new programming partnership is vital. The Braille Institute recently designated CCSC as Southern California's first low-to-no vision programming-friendly senior center, allowing 43 Braille Institute members displaced by closing their Rancho Mirage location to take their enhancement classes at CCSC and call the senior center their home as members through a co-membership program. Due to the pandemic, CCSC enhanced collaborations with existing community partners, doubling the on-site, rent-free allocation of office space dedicated to embedded social service partners. We increased access to their essential work addressing the multitude of social service needs of Cathedral City, Palm Springs, Rancho Mirage, and surrounding area clients. CCSC continues to offer the services of Senior Advocates of the Desert, Jewish Family Services, Braille Institute, and collaborative programs with Mizell and Joslyn senior centers on-site at CCSC to address the variety of concerns facing our constituents. Support services include helping individuals navigate complex and confusing public bureaucracies from which they are entitled to services, utility companies, landlords, medical establishments, transportation providers, and the many other barriers individuals face as they age. Our embedded partners offer much-needed relief to those facing an increasingly complex world, especially during the pandemic. The cost to provide these resources is represented by the sacrifice of earned income from our minimal revenue-producing spaces, plus outgoing expenses, including office supplies and associated overhead. Center Upgrades In response to the strains put on the agency by the pandemic and increase in related services and programming, CCSC has focused on strengthening both staff and volunteer training and effectiveness. New accounting controls have been implemented, and reopening programs have been carefully planned in a phased rollout. The board has been enlarged and continues to grow to achieve meaningful outreach goals while meeting the increasing demand for essential services, requiring dramatically increased fundraising. Agency efforts to meet the need financially Loss of earned income typically generated from space rentals and program fees; suppressed memberships and volunteerism; postponed fundraising events (2020 & 2021 Pasta Suprema, 2020 Chili Cook-off, 2021 Club 40 Gala), and limited reserves all add urgency to our current financial need. CCSC has not yet established an endowment. Our fundraising effort is small but growing. Yet, our space, capacity, donor base, and public funding do not compare with similar size cities or with our partnering nonprofit senior centers adjacent to Cathedral City. Page 7 of 14 I 11/29/2021 Currently, CCSC utilizes limited reserves to avoid disrupting essential services to the area's most vulnerable seniors. Many seniors, particularly Cathedral City seniors, face transportation,finances, health,wellness,and nutrition challenges.Over 40%of Cathedral City residents live in economic hardship zones, and nearly 60 percent are Hispanic. The senior center is diligent and focused on reflecting the community we serve and meeting their needs. Utilizing volunteers and business support to effect significantly outsize impact DURING THE PANDEMIC, the CCSC volunteer operation began to transform from grassroots to a more mature, professional, self-sustaining program. Volunteers treat their duties with the same integrity as theywould if theywere paid staff. As a result, our small 9 Y agency acts and feels like a much larger one.Volunteer-led staffing helps achieve CCSC's mission to serve more seniors comprehensively. With a large, effective volunteer contingent, CCSC has an outsized impact on our community compared to its budget and building size. One lasting example of our improved volunteer program is our commitment to monthly Volunteer Forums, the first Friday of every month. Volunteers learn about and influence the agency's goals, ask questions,share feedback with agency board and staff leadership, and hear about upcoming events and opportunities. B. STATEMENT OF QUALIFICATIONS 3. Staff The staff is composed of five employees equating to 4 full-time equivalents (FTE). President and CEO Geoffrey E. Corbin possess a Master's degree in Nonprofit Leadership and 30 years of dedicated nonprofit executive leadership experience; VP of Operations, Victor J. Ide, owned an In-Home Senior Care Agency in Palm Springs which he recently sold to a larger company out of Los Angeles and before that he spent his career in Human Resources with several large organizations including Office Depot, Gap, Inc.,Wells Fargo, and Charles Schwab; VP of Programming, Rebecca Ruffin is a seasoned professional 9, with recent senior programs and services experience from a considerably larger senior center; part-time Volunteer Coordinator, Patricia Graves, is a retired corporate executive with nearly a decade of CCSC experience; and Community Outreach Coordinator, Alma Gutierrez, is an energetic, enthusiastic bilingual medical professional dedicated to engaging Cathedral City's under-served communities in programming beneficial to them. Agency Since March 2020, CCSC has focused entirely on the prevention, preparation, and response to COVID-19. Seniors, many presenting underlying health conditions, suffer and remain most at risk of COVID-19. As Cathedral City's sole agency entirely dedicated to serving seniors and addressing aging issues, we are witnessing that the COVID-19 pandemic is causing more problems for older adults than just sickness and death. Widespread social distancing and the cancellation of routine medical care have profound and potentially devastating implications for elders. Isolation drastically decreases physical and mental health, negatively impacts nutrition, and delays decisions to seek medical treatment—compounding existing chronic medical issues and creating new ones. CCSC is best-positioned to assist significantly more seniors in need with intensive and direct Page 8 of 14 I 11/29/2021 interventions, prepare for the coming onslaught of need for essential services caused by the waves of COVID-19 infections and related financial repercussions. These critical services incur considerable expenses - rent, staff, utilities, insurance, and supplies. With the safety of our senior volunteers and staff in mind, additional costs have emerged in keeping the facility disinfected, clean, and sanitary at a much-increased level. As limited and controlled reopening mandated by county protocols, incurs costs for digital thermometers, masks and gloves, and other PPE supplies. As meat and other food and supply chain shortages occur, we purchase proteins in bulk instead of depending on FIND Food Bank and community donations of dry and canned goods. The agency proposes to use the requested amount to continue, expand as able, and maintain the flexibility to modify or create new services as the pandemic and recession mature. With funding at the requested amount, CCSC will continue providing the essential services detailed above. The senior center will continue vital staging activities packing lunches and food bank bags for curbside pickup, providing in-person services, picking up and delivering food and medications.We will answer telephone calls, provide information, resources, and make referrals. The agency will coordinate with embedded and other service partners, including Salvation Army, local churches, LGBT Center, and receive donations of food, clothing, household goods, medical mobility, and other health-related supplies for redistribution. Notably, the agency can serve seniors on waiting lists at the requested funding level and address the additional effects of a lingering pandemic and recession. The senior center is an ongoing operation facing an enormous public health crisis and an oncoming explosion of new seniors in this decade. But with this requested funding, we will meet this unprecedented need and continue to operate and grow. The senior center has no more excellent ally than the City of Cathedral City. The personal and professional commitment to Cathedral City's seniors is evident from each City department, staff, and City Council member involvement. CCSC greatly appreciates Cathedral City's numerous funding and assistance activities: contributions to garden construction, Economic Development donor prospect leads, assistance with a van donation, food, bags for food, attendance at CCSC events, and promotion of CCSC utilizing the city's massive marketing reach. The City's generosity is invaluable. Other valley senior centers are fully publicly funded and managed.The other two nonprofit senior centers receive more public funding and have extensive fundraising efforts, donor support, and buildings/campuses. As a result, they offer a breadth of programs and services that CCSC would someday like to offer our seniors in need when space and funding allow. Thankfully, CCSC works closely with our sister agencies in the West Valley on several programs benefiting Cathedral City seniors that would not occur without their support. We value these collaborations. 4. SUMMARY CCSC is capitalizing on unprecedented momentum to become a sustainable 21st-century community center for active living. We cannot slow down else risk squandering this historic opportunity. While we expand our funding base at a record pace, these next few years of investment will produce a new model for sustainability into a bright future for our local seniors. Page 9 of 14 I 11/29/2021 There are as many senior centers in the United States as Starbucks coffee shops(11,000). But unlike Starbucks, where part of the attraction is that anyone can get the same coffee at any store, senior centers are local creations adapted to distinct local needs. Today's older adult population is significantly different from the older adult populations of yesterday and tomorrow. Today, CCSC is serving people in their 60's, 70's and 80's which means that our Center must serve people raised in the 1930s, '40s, 50's and 60's—a forty-year span filled with some of the most significant changes our nation has ever undergone. The musical tastes, political and social mores of individuals born and raised in these different decades can be highly diverse. Some were born when Social Security was created, and others worry Social Security will not be there for them. Some were born years before computers were invented, and others were among the first computer programmers. The variety of needs, experiences, and expectations is wide—creating synergies and potential tensions for a senior center to manage. To sum, CCSC will meet this challenge head-on. Cathedral City and CDBG make a sizable difference in the success and well-being of low- income Cathedral City seniors, their families, caregivers, health providers, and residents who are not seniors but are affected by the pandemic. 5. REQUESTED AMOUNT One hallmark of a great city is its support of lifelong residency for its residents. Ideally, a city retains its citizens throughout their later years because a community with a range of ages and good "connectivity" among residents provides everyone a better quality of life. In an age-diverse community, parents, children, and grandparents who live near each other often build deeper relationships and provide more effective support than is possible for more geographically distant families. Retaining current Cathedral City residents as they age is good for the town socially and financially. CDBG contributes to keeping the senior center operating and responsive to the most vulnerable of Cathedral City's citizens. In FY 20-21, CCSC provided 45,412 services, from entertainment, recreation, and education to nutritional, social services, to phone, website, and social media contacts for aging-related information and resources. The agency has income and other demographic information for 600 paid and scholarship-recipient members, but the agency is unable to better account for 74% of our participants whose low income is evident but not available. We know from their pre-qualification in medical signups, FIND Food Bank, and similar low- income programs that require the collection of income information that we serve a disproportionate under-served and low-income share of Cathedral City. We have yet to develop the means in-house to incentivize voluntary sharing of ethnicity, income, and other demographic information with CCSC if they are not signing up as a paying member. CCSC does not turn away participants due to lack of ability to pay. Demographic Profile of Cathedral City's Low-Income Seniors Total participants who experience a point of contact with CCSC 45,412 CC residents who experience a point of contact with CCSC 23,160 Total participants who utilize a repeat on-site service 8,279 CC residents who utilize a repeat on-site service 4,222 CC low-to-no-income participants who experience a point of contact with CCSC 17,138 CC low-to-no-income participants who utilize a repeat on-site service 3,124 CC residents over age 65 22% Page 10 of 14 I 11/29/2021 CC poverty rate 20.1% CCSC members over age 70 82% CCSC members living alone 24% Largest demographic living in poverty in CC Hispanic women With the funding requested in this proposal, CCSC will meet the growing and evolving challenges caused by COVID-19 and subsequent waves following our March 2020 transition to essential services and resulting changes in operations and programming designed to keep Cathedral City seniors safe, fed, and healthy. Total funding of the requested $152,862 ensures this city's senior center provides our area's seniors with evolving, tailored responses to the pandemic based on community need and a science- based approach. ACTIVITY #1 Continually operate a physical facility to prep, stage, and implement all programs and services designed for low, extremely-low, and no-income seniors and other Cathedral City residents, safely, with COVID protocols in place, and provide PPE for participants and staff CCSC staff and volunteers continue to utilize the senior center facility to stage vital services fully: picking up and delivering food, medications, answering telephone calls, packing lunches and food bank bags for curbside pickup, coordinating with other service providers, and receiving donations of food, clothing, household goods, and medical mobility and other medical supplies for redistribution to the community, especially homebound seniors in need. These critical services incur considerable expenses—such as rent, staff, utilities, insurance, and supplies—but without any of the income derived from daily activity fees and facility rentals. Additionally, we must keep the facility disinfected, clean, and sanitary at a much-increased level and cost for the safety of our senior volunteers and staff. As we implement a phased reopening, we are incurring unbudgeted costs of digital thermometers, masks and gloves, and other PPE supplies as protocols mandate. Food Bank, daily Grab-and-Go lunches, emergency food kits for unhoused and extremely low income, provision of gift cards to groceries and gas, access to MSW and other social workers, and the remaining array of essential and other services remain available during the pandemic. TARGET—CCSC physical facility on West Buddy Rogers Ave is open to volunteers to prep for high-need programs and services with regular hours, M-F, 7:30 a.m. – 5:00 p.m. and weekend staging, and open to the community regular hours, 9 a.m. – 4:00 p.m. M-F, with extended hours on Wednesday and scheduled weekends. Host health fair with free vaccinations (COVID-19, flu, shingles, pneumonia), COVID testing, and other health tests (e.g., blood pressure). Conduct vax clinics throughout the year as appropriate and possible. DATE—Ongoing. ACTIVITY#2: Deliver and provide meals and grocery items, safely, with COVID protocols in place. CCSC is requesting funding to help expand our two senior nutrition services- the weekly CCSC Food Bank and daily Grab & Go Lunches. The CCSC Food Bank began in 1998 Page 11 of 14 I 11/29/2021 and provides over 5000 pounds of food annually to more than 400 low-income, unhoused, underserved, or food insecure families every month. The onset of the COVID-19 pandemic required rapid transition and modification of CCSC services. Our volunteer force is composed of seniors. Therefore, CCSC followed and exceeded government health recommendations and protocols to keep them safe. Many of CCSC seniors have underlying conditions and have been sheltering in place as recommended. We predict that they will continue to shelter in place intermittently beyond government-suggested timeframes. The second nutrition and hunger-based program provided by CCSC is part of a greater effort through Meals on Wheels (MOW) to provide nutritious, ready-to-eat meals for seniors in need.The MOW program, previously known as Congregate Lunch, but due to the pandemic has been changed to Grab & Go Lunches, provides low-income seniors and persons with disabilities withdaily meals and relief from hunger. Utilizing volunteers and staff, CCSC provides an average of 265 meals each month and over 3,200 meals to a minimum of 43 unduplicated clients annually. CCSC purchases ready-made meals and frozen and weekend meals from Mizell Center in Palm Springs. TARGET—Serve a minimum of 32 low-income Cathedral City residents with lunch daily during FY22. Serve 100+ CC low-income families with groceries weekly. DATE—Ongoing. ACTIVITY #3 Online activities for people who are homebound, have disabilities, or are sheltering- in-place We rapidly moved as much programming and services as possible onto our website and social media at the start of the pandemic, adding to the digital content and video appointments as we gain the capacity to do so, on CCSC@Home. We make automated broadcast phone calls to seniors with new health guidelines and up-to-date information on the CCSC. Through social media, we offer an evolving lineup of online programming ranging from personal growth and self-improvement instruction to entertainment, humor, exercise, virtual gatherings, and more. We are in the process of offering enhanced virtual programming with CCSC's regular lineup of beloved instructors, and some new ones. TARGET Reach 17,500 Cathedral City residents, approximately 12,950 low-income (income levels will be based on voluntary surveys and extrapolation). Add CCSC@HomeEspanol programming. DATE Ongoing. ACTIVITY #4 Provide bilingual community outreach A bilingual community outreach coordinator will spend 8-16 hours weekly in majority Spanish-speaking and Hispanic housing, places of worship, businesses, and schools, will aid, make referrals, and develop and make available CCSC's new Spanish-language programming to the community. TARGET—Activity should result in a 17% increase in low-income Spanish-speaking participants in CCSC programs and services. Page 12 of 14 I 11/29/2021 DATE—Ongoing. ACTIVITY#6 Wellness Services Before we suspended gatherings on March 15, the Senior Center offered a multitude of opportunities for seniors, including Excel at Exercise, catering to different ranges of fitness ability. Seniors receive professional instruction and supervision through a guided stretch, flexibility, and strengthening program lasting about 45 minutes per session. Our Wellness Center offered Aging Mastery, Brain Boot Camp, and one-on-one Positive Life Strategies sessions with a counselor, among other health and wellness programming. We embed various community social service agencies in free office space within the senior center. These organizations offer MSW counselors skilled and knowledgeable in the programs and opportunities for low-income seniors to receive food, nutrition counseling, help with legal, landlord/tenant, and utility savers programs, among many other entitlements and resources. TARGET—Provide access to embedded social workers three days weekly, by appt. and drop-in, to serve more than 300 unique individual low-income CC residents. DATE—Ongoing. ACTIVITY #7 Reduce social isolation with wellness calls, and education and recreation offerings TARGET—Provide Friendly Connections weekly phone calls from CCSC volunteers to seniors in need of a friendly voice. Those calls involve a regular check-in and referrals to testing sites, tele-counseling, Office on Aging resources, senior citizens residential utilities discount programs, connections to our social workers at JFS, Senior Advocates of the Desert, Mizell MSWs, and in many instances, volunteers run errands, such as delivering food or picking up medications. CCSC will schedule at least 40 weekly on-site recreational and educational events throughout the week. Programs include exercise, education, and entertainment with programming aimed at all skill and ability levels so that no one is left out. All programs are fun and encourage participation. There is dance, music, knitting, and many other classes designed to promote activity and socialization. Language classes stimulate the brain and promote assimilation for non-English speakers. DATE—Ongoing. ACTIVITY#8 Medi-closet TARGET—CCSC will maintain a free medical and health supply closet with electric carts, wheelchairs, walkers, canes and other mobility devices, diapers, and a variety of donated health-related supplies, available to low-to-no-income seniors. DATE—Ongoing. ADDITIONAL DELIVERABLE Match public spending 3.3 to 1 Despite the loss of earned income from activity fees and facility rentals, which abruptly stalled in March of 2020, CCSC will maintain its private fundraising to supplement the balance of services to Cathedral City residents. If fully funded at $150,000 to provide services to the highest need and lowest income Cathedral City residents, then CCSC will match public spending with 3.3 contributed dollars to every 1 CDBG/Cathedral City public Page 13 of 14 I 11/29/2021 dollar. On behalf of the CCSC Board of Directors and our Emergency Preparedness/COVID-19 Response Task Force, and as the senior executive for the senior center, I sincerely thank you for your consideration of this proposal to continue serving low-income Cathedral City residents' increasing needs caused by the pandemic. The Cathedral City Senior Center looks forward to continuing its decades-long history as a representative and public-private partner of the City of Cathedral City, providing essential COVID-19 response and nutritional, social, health, wellness, and recreational services and programs to Cathedral City's large senior population. Page 14 of 14 I 11/29/2021 EXHIBIT B Cathedral City Senior Center for Operations for 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: $100,000.00 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 10th 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 monthly basis, accompanying the monthly report. In the event a monthly 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: 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. EXHIBIT C Cathedral City Senior Center 2021 Subrecipient Agreement Cathedral City CDBG Program for Operations for 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 0411 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. 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 2021 Subrecipient Agreement Cathedral City CDBG Program 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 anyerrors or omissions of Subrecipient, or the officers, employees or agents of P Subrecipient during the time this Agreement was in effect. c) Business Auto Coverage shall beprovided on ISO Business Auto Coverage Form 9 9 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. c) Requirements of specific coverage features or limits contained in this Section are q P 9 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 2021 Subrecipient Agreement Cathedral City CDBG Program 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 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. 2021 Subrecipient Agreement Cathedral City CDBG Program 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. 2021 Subrecipient Agreement Cathedral City CDBG Program