HomeMy WebLinkAboutContract 1965 1
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT NO. 21- 001
FOR
ASSISTANCE LEAGUE
FOR
YOUTH SUPPORT SERVICES
This Agreement, is entered in duplicate on the dates set forth below by and between the CITY
of CATHEDRAL CITY, a California charter city, as RECIPIENT, (hereinafter referred to as
"CITY"), and Assistance League, Federal Tax Number: 23-7292226 (hereinafter referred to
as "SUBRECIPIENT")
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".
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.
2021 Subrecipient Agreement Cathedral City CDBG Program
3
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;
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;
2021 Subrecipient Agreement Cathedral City CDBG Program
5
r) Executive Order 12372, which requires State Clearinghouse review and comment
of any CDBG project for the planning, construction, reconstruction, and/or installation of water
or sewer facilities;
s) Section 401(b) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831
(b))
t) Provision of 24 CFR Part 24 regarding use of debarred, suspended, or ineligible
contractors or subcontractors; and
u) Provision 24 CFR 570.200(j) regarding equal protection of faith based organizations.
SUBRECIPIENT further agrees to comply with any environmental, procurement,
construction, and other guidelines provided by CITY. As required by Section 30,
SUBRECIPIENT shall obtain any necessary permits, licenses and certificates that may be
necessary for its performance under this Agreement. Failure to meet established
performance goals and standards and/or noncompliance with applicable rules and
regulations shall constitute non-compliance with the terms of this Agreement. The CITY is
entitled to use one or more of the following remedies for non-compliance, temporarily withhold
cash payments pending correction of deficiencies by SUBRECIPIENT; disallow all or part of
the cost of the activity or action not in compliance; wholly or partly suspend or terminate the
current award for the SUBRECIPIENT's program; withhold further awards for the program;
and/or take other remedies that may be legally available.
9. Subcontracts
SUBRECIPIENT shall incorporate the same or substantially equivalent requirements
as are contained in this Agreement in all subcontracts which utilize any CDBG FUNDS and/or
support any CDBG PROGRAMS(s) covered by this Agreement; when PROGRAMS(s)
utilize(s)from CDBG FUNDS and other funding sources, all FUNDS shall be subject to CDBG
regulations. SUBRECIPIENT, by entering into any such subcontract for performance of any
portion of its CDBG PROGRAM, is not relieved of its responsibilities to CITY as set forth in
this Agreement.
10. Non-Discrimination/Grievance Procedures
No person with responsibilities in the operation of any project under this Agreement will
discriminate because of race, creed, color, national origin, age, sex, political affiliation,
handicap, beliefs, or marital or familial status. SUBRECIPIENT will ensure that every effort is
made to provide equal opportunity to every potential minority and women's business vendor,
contractor and subcontractor.
11. Standard of Conduct/Conflict of Interest and Lobbying
No member, officer or employee of SUBRECIPIENT or its designee or agents, no
member of the governing body of the locality in which the program is situated, and no other
public official of such locality or localities who exercises any functions or responsibilities with
respect to the program during his/her tenure or for one year thereafter, shall have any interest,
2021 Subrecipient Agreement Cathedral City CDBG Program
7
disbursal of, and accounting for, funds paid to the SUBRECIPIENT under the CDBG
PROGRAMS.
a) Disbursement of Funds: CDBG FUNDS shall generally be disbursed by CITY to
SUBRECIPIENT on a reimbursement for actual expenses basis.
b) Deposit of Funds: SUBRECIPIENT shall maintain separate accounts within
established bookkeeping systems for the deposit of CDBG FUNDS. All cash
advances must be deposited in an interest-bearing account; any interest earned in
excess of $100 per year (which may be retained for related administrative
expenses) must be returned at least quarterly to the U.S. Department of Housing
and Urban Development (HUD) via the CITY. Deposits in minority banks are
encouraged.
SUBRECIPIENT subject to 2 CFR Part 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards:
1) Shall deposit funds in an account requiring two signatures for disbursement
and shall submit to CITY specimen signatures for all authorized signatories
prior to receipt of funds;
CITY agrees to pay SUBRECIPIENT progress payments at the time and in the manner
set forth in the Schedule of Compensation, Exhibit B. Payment by CITY is not to be construed
as final in the event HUD disallows reimbursement for the project or any portion thereof.
Reasonable back-up documentation, as specified by CITY, shall be submitted by
SUBRECIPIENT with request for payment.
SUBRECIPIENT shall be liable for all amounts which are determined to be due by
HUD including, but not limited to, disallowed cost which are the result of SUBRECIPIENT's
or its contractor's conduct under this Agreement. SUBRECIPIENT shall be notified in writing
and shall be permitted to respond regarding any controversy or proceeding between CITY
and HUD arising from this Agreement.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31,
U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
All financial transactions must be supported by complete and verifiable source
documents. Records shall provide a clear audit trail and shall be maintained as
specified in Section 17 of this Agreement.
13. Program Income
Program Income is defined in Subpart J of 24 CFR Part 570.504 and is described as
gross income received by SUBRECIPIENT and directly generated from the use of CDBG
FUNDS.
2021 Subrecipient Agreement Cathedral City CDBG Program
9
FUNDS (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in
excess of$25,000 shall be either:
a. Used to meet one of the national objectives in 24 CFR Part 570.208 until five (5)
years after expiration of this Agreement, the length of time to be further prescribed
by mutual agreement of the parties and delineated in Section 33, of this
Agreement.
b. Disposed of in such manner that CITY is reimbursed in the amount of the fair
market value of the property at the time of disposition of the property less any
portion of the value attributable to expenditures of non-CDBG FUNDS for
acquisition and/or improvement of such property. The payment is Program Income
to the recipient.
If SUBRECIPIENT is a private non-profit organization, SUBRECIPIENT further agrees
to a voluntary lien on above-reference property as to any CDBG FUNDS received and that
such lien will be notarized and recorded in the Office of the County Recorder, will utilized form
specified by CITY, and will be subject to provisions listed in Section 33 of this Agreement.
15. Equipment
Equipment, which shall be defined as tangible, nonexpendable, personal property
having a useful life of more than one (1) year and an acquisition cost of $1,000 or more per
unit, is eligible for purchase using CDBG FUNDS only upon prior approval of CITY and
subject to 24 CFR Part 570.207(b)(1). Such equipment shall be used by SUBRECIPIENT in
the project for which it was acquired as long as needed, regardless of whether such project
continues to be supported by Federal funds; at the time, equipment may be used in other
activities currently or previously supported by a Federal agency. Use of such equipment is
also subject to provisions of 24 CFR Part 85.32(c)(2)(3) and (4). SUBRECIPIENT shall also
be establish procedures for managing equipment, which meet the requirements of 24 CFR
Part 85.32(d). Further, proceeds from disposition of such equipment shall be treated as
program income as specified in Section 13 and 14 of this Agreement.
16. Records and Reports
SUBRECIPIENT agrees to supply to CITY, on a minimum quarterly basis (or a more
stringent period designated in Exhibit A — Scope of Services), any progress reports and/or
other documentation as may be required by CITY to audit performance of this Agreement
and/or to enable CITY to analyze and evaluate utilization of SUBRECIPIENT's program.
SUBRECIPIENT shall maintain separate accounting and financial records for each funding
(revenue) source in support of the project(s).
a) Expenditure Summary and Payment Request (ESPR); SUBRECIPIENT shall
submit ESPR supporting documents for a reimbursement to CITY's Community
Development Department by the 10th of each month. The reimbursement request
shall be provided on an official invoice with the supporting ESPR documents. An
invoice shall include the total reimbursement amount, a description of services
rendered, the period of services rendered, and invoice number. An invoice and
2021 Subrecipient Agreement Cathedral City CDBG Program
11
SUBRECIPIENT shall respond in a timely manner to all identified corrective action needs as
a result of HUD, County, or other monitoring. The SUBRECIPIENT shall submit to CITY all
required reports and monitoring corrective action plans on a timely basis, as delineated by
CITY. Records shall be maintained as follows:
a) SUBRECIPIENT agrees to retain all pertinent records under CDBG PROGRAM,
including financial records, until advised by CITY that further retention is
unnecessary. Generally, records shall be retained for a period for five (5) years
from the end of the fiscal year in which the last project covered by CITY's annual
agreement with HUD is completed. Records shall be open and available for
inspection by auditors and/or other staff assigned by HUD and/or CITY during the
normal business hours of SUBRECIPIENT. If at the end of such five-year period,
there is ongoing litigation, claims, negotiations, audit or other action involving
SUBRECIPIENT's or the CITY's records, which has started before expiration of
the five (5)year period, SUBRECIPIENT will retain the records until the completion
of the action and resolution of all issues which arise from it (24 CFR 85.42 as
modified by 570.502(a)(16), or 24 CFR 84.53(b) as modified by
570.502(b)(3)(ix)(A) and (B), as appropriate).
b) Consistent with applicable state and local laws regarding privacy and obligations
of confidentiality, the SUBRECIPIENT also must provide citizens with reasonable
access to records on the past use of CDBG funds (24 CFR 570.508).
c) Records for nonexpendable property shall be retained for a period of five (5) years
after final disposition of the property, if applicable.
18. Inspection Rights
SUBRECIPIENT agrees to allow CITY to inspect physical premises of any project(s)
upon 24-hour advance notice.
19. Request for Technical Assistance
SUBRECIPIENT shall refer to the Community Development Department any
regulatory or procedural questions regarding operation of its CDBG PROGRAM. All formal
requests for technical assistance shall be submitted in writing. Requests should specify the
problem area, particular assistance being requested, and proposed solution if applicable.
Informal questions regarding day-to-day program operation may be directed to the
designated CITY representative.
20. Insurance
Prior to commencing performance of the services required by this Agreement, and at
all other times this Agreement remains in effect, the SUBRECIPIENT shall procure and
maintain in full force and in effect all of the insurance required by Exhibit C attached hereto
and by this reference incorporated herein.
2021 Subrecipient Agreement Cathedral City CDBG Program
13
to terminate this Agreement by giving written notice of such termination and
specifying the effective date thereof at least (5) days before the effective date of
such termination. Notwithstanding the above, SUBRECIPIENT shall not be
relieved of liability to CITY for damages sustained by CITY by virtue of any
payments to SUBRECIPIENT for the purpose of set-off until such time as the exact
amount of damages due CITY from SUBRECIPIENT is determined.
SUBRECIPIENT hereby expressly waives any and all claims for damages for
compensation arising under this Agreement except as set forth in this Section in the event of
such termination.
24. Effect of Termination
Upon termination, as stated in Section 3 or 23 of this Agreement, the CITY shall be
liable to SUBRECIPIENT only for work done by SUBRECIPIENT up to and including the date
of termination of this Agreement, unless the termination is for cause, in which event
SUBRECIPIENT need be compensated only to the extent required by law.
25. Ownership of SUBRECIPIENT's Work Product
CITY shall be the owner of any and all computations, plans, correspondence and/or
other pertinent data and information gathered or prepared by SUBRECIPIENT in
performance of this Agreement and shall be entitled to immediate possession of the same
upon completion of the work under this Agreement, or at any earlier or later time when the
same may be requested by CITY.
26. Taxpayer Identification Number
SUBRECIPIENT shall provide CITY with a complete Request for Taxpayer
Identification Number and Certification, Form W-9 (Rev. 2007), as issued by the Internal
Revenue Service.
27. Modification of Agreement
Except as provided in Section 3, the tasks described in this Agreement and all other
terms of this Agreement may be modified only upon mutual written consent of CITY and
SUBRECIPIENT.
28. Use of the term "CITY"
Reference to "CITY" in this Agreement includes CITY Manager, the designated CITY
representative, or any authorized representative acting on behalf of CITY.
29. Notices
All notices given, or required to be given, pursuant to this Agreement shall be in writing
and may be given by personal delivery or by mail. Notice sent by mail shall be addressed to
each party's designated representative as set forth above. When addressed in accordance
2021 Subrecipient Agreement Cathedral City CDBG Program
15
In Witness Whereof, the parties have signed this agreement on the dates set
forth below.
Granteer
Sub ecipient
CITY OF CATHEDRALITY
C ASSISTANCE LEAGUE
6 B 1.� e(?UB / k_11601.4,_
_ _
Charles P. McClendon, CityManager Karen Goodye,r, Presid4
ATTEST:
Tracey R. rmosillo, CMC
City Clerk
APPROVED AS TO ORM:
.A'
Eric S. Vail
City Attorney
2021 Subrecipient Agreement Cathedral City CDBG Program
Item 1
assistance leaguex
Coachella Valley
2021-2022 Funding Proposal
For the
City of Cathedral City
Budget
Clothing $95,000
Health $12,000
Office Supplies, Printing, Postage $ 200
TOTAL $107,200
In 2021-2022, we will clothe over 300 PSUSD students in the following Cathedral City schools:
Agua Caliente, Cathedral City, Landau, Rio Vista and Sunny Sands. These schools were
identified by PSUSD as being the most in need. Our expenditures for Cathedral City student
benefits are already in excess of excess of$10,000 and the school year will not end for several
months.
Providing new school clothes improves student self-esteem, attendance, and classroom
behavior while reducing teasing and bullying. Having clothes to wear to school prepares
students to learn and focus on school work rather than worrying about having proper clothing
and fitting in with their peers. Beyond that, providing clothing to disadvantaged students is an
important part of their well-being. As we have developed relationships with school district
personnel who work with homeless families and others from disadvantaged circumstances, we
find that those we serve need reassurance of stability in these uncertain times.
Distributing hygiene kits is impactful as many students we serve do not have access to basic
toiletry items. Student anxiety is reduced and self-esteem and confidence improve as students
have needed hygiene supplies. These supplies also reduce incidents of disease as well as
reinforce the hygiene steps necessary to prevent further COVID spread throughout family
groups and the local communities.
COVID-19 has disproportionately affected minority families in the Coachella Valley financially,
physically and mentally. Many families are still either under or unemployed, facing eviction or
unable to obtain childcare in order to make ends meet. By providing new school clothing and
hygiene kits, our organization relieves some of the financial stress faced by these families.
B. COVID-19 impact and our efforts to mitigate that impact.
In 2020, our organization pivoted to increase our focus on hygiene and the ways to educate
students on proper hygiene. This was to help families mitigate COVID-19 infection
transmission, as well as learn proper daily hygiene with the provision of hygiene kits alongside
the new clothing. COVID-19 disproportionately affected minority families in the Coachella
Valley financially, physically and mentally. As many as 94% of Coachella Valley school children
qualify of free or reduced lunches. The continued financial effect of job loss,
underemployment or caregiving is placing families under extreme financial duress. New
clothing was not a necessity under the 2020-2021 virtual learning models, but with schools back
to in person learning, as well as the resumption of social interactions and recreation, we are
being contacted by more school principals to see if we can provide necessary clothing for needy
students. Many valley schools require uniforms, adding to back-to-school stress. With new
17
EXHIBIT B
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: $15,000.00
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.
2021 Subrecipient Agreement Cathedral City CDBG Program
19
(hereinafter the "extended insurance"). Such extended insurance shall have the
same coverage and limits as the policy that was in effect during the term of this
Agreement, and shall cover Subrecipient for all claims made by City arising out of
any errors or omissions of Subrecipient, or the officers, employees or agents of
Subrecipient during the time this Agreement was in effect.
c) Business Auto Coverage shall be provided on ISO Business Auto Coverage Form
No. CA 00 01 06 92 including symbol 1 (any auto). As in the case of general liability
insurance requirement, City and all of City's officers, employees, agents and
volunteers shall be named as additional insureds under such insurance coverage
using City's Standard form endorsement or ISO Form No. CG 20 10 11 85 (in no
event with an edition date later than 1990). The insurance policy providing such
coverage shall be scheduled as underlying insurance to any umbrella policy
required above meeting general liability insurance requirements.
d) Workers' Compensation/Employer's Liability Coverage shall provide workers'
compensation statutory benefits as required by law. Unless otherwise agreed, this
policy shall be endorsed to waive any right of subrogation as respects to the City
and City's officers, employees, agents and volunteers. Employer's liability
coverage provided by such insurance shall be scheduled under any primary or
umbrella policy described above to meet general liability insurance requirements.
3. Additional Insurance Requirements. SUBRECIPIENT agrees to comply with the
following additional requirements with respect to the insurance provided pursuant to this
Section:
a) Unless otherwise approved by the City, Subrecipient's insurance shall be written
by insurers authorized to do business in the State of California, and with a minimum
"Best's" Insurance Guide rating of"A: VII." Self-insurance will not be considered to
comply with these insurance specifications.
b) Subrecipient shall provide evidence of the insurance required herein, satisfactory
to City, consisting of certificate(s) of insurance (separate additional insured
endorsement) evidencing all of the coverages required, copies of the insurance
policies themselves or any portions thereof, and any required endorsements.
Certificate(s) are to reflect that the insurer will provide 30 days' notice of any
cancellation of coverage. Subrecipient shall require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, and to delete the word
"endeavor" with regard to any notice provisions.
c) Requirements of specific coverage features or limits contained in this Section are
not intended as a limitation on coverage, limits or other requirements, or a waiver
of any coverage normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only and is not intended by any
party to be all inclusive, or to the exclusion of other coverage, or a waiver of any
type. Coverage shall not be limited to the specific location, individual or entity
2021 Subrecipient Agreement Cathedral City CDBG Program
21
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