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HomeMy WebLinkAboutContract 2000 Contrail No. 2 o O City Cleric Review ' 4 Risk � �, Scanned! ►ir COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT NO. 22- 003 CCHS BAND BOOSTERS ORGANIZATION Inc. 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 ` Y"�, andCHS Band Boosters Organization Inc., Federal Tax Number: •( 95) (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. 2022 Subrecipient Agreement Cathedral City CDBG Program 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, 2022 to June 30, 2023. 6. Time for Performance SUBRECIPIENT shall not perform any work under this Agreement until (i) SUBRECIPIENT furnishes proof of insurance as required under Section 20 of this Agreement, and (ii) CITY gives SUBRECIPIENT a written, signed and numbered purchase order or other Authorization to obligate funds and incur costs. All services required of SUBRECIPIENT under this Agreement shall be completed on or before the end of the term of the Agreement. 7. Designated Representative (a) The CITY's representative is as follows: Name and Title: Charles P. McClendon, City Manager Address: 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234 E-mail Address: CMcClendon cc cathedralcitv.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: Matthew Howe, Director of Bands Post Office Address: 69250 Dinah Shore Drive Cathedral City, CA 92234 E-mail Address: mhoweCa�psusd.us Telephone No.: 760-333-8020 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, 2022 Subrecipient Agreement Cathedral City CDBG Program 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; 2022 Subrecipient Agreement Cathedral City CDBG Program 4) OMB Circular A-110 entitled "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations"; 5) OMB Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; 6) OMB Circular A-133 entitled "Audits of States, Local Governments, and Non-Profits"; 7) OMB Circular A-50, Audit follow-up on Single Audit Act follow-up h) 24 CFR Part 84 entitled "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments," as modified by 24 CFR 570.502(a); i) 24 CFR Part 85 entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments" and referred to as the "Common Rule"; j) A-128 entitled "Audits of State and Local Governments" (implemented at 24 CFR part 44); k) The following laws and regulations relating to preservation of historic places: Public Law 89-665 the Archaeological and Historical Preservation Act of 1974 (Public Law 93-291), and Executive Order 11593 including the procedures prescribed by Advisory Council on Historic Preservations in 36 Code of Federal Regulations, Part 800; I) The Labor Standards Regulations set forth in Section 570.603 of 24 CFR Part 570; and HUD Handbook 1344.1; m) Section 3 of the Housing and Urban Development Act of 1968 related to HUD funded activities, to the greatest extent feasible, be directed to create jobs to local low-income residents and the businesses that employ them; n) The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151 and the Americans with Disabilities Act of 1990 (ADA); o) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); p) The Flood Disaster Protection Act of 1973 (Public Law 93-234 and the regulations adopted pursuant thereto) Section 202(a) and the regulations in 44 CFR parts 59 through 79; q) The Clean Air Act (42 U.S.C. Chapter 85) and the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.) and the regulations adopted pursuant thereto; 2022 Subrecipient Agreement Cathedral City CDBG Program 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, 2022 Subrecipient Agreement Cathedral City CDBG Program direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program activities assisted under this Agreement. No member, officer or agent of the SUBRECIPIENT shall participate in the selection of in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to proceeds from the CDBG- assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or fora period of one (1) year thereafter. For purposes of this Section, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the SUBRECIPIENT, or any designated public agency. By entering into this Agreement, SUBRECIPIENT certifies: a) No federal appropriated funds have been paid or will be paid, by or on behalf of SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant loan, or cooperative agreement. b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, SUBRECIPIENT shall complete and submit Standard Form LL, "Disclosure Form to Report Lobbying," in accordance with its instructions, and other federal disclosure forms as requested. c) SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 12. Fiscal Control The SUBRECIPIENT shall be responsible for the internal control and monitoring of fiscal and programmatic/operational goals and procedures. The SUBRECIPIENT shall establish such fiscal controls and fund accounting procedures as required by Federal regulations, or as may be deemed necessary by HUD and CITY to ensure the proper 2022 Subrecipient Agreement Cathedral City CDBG Program 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. 2022 Subrecipient Agreement Cathedral City CDBG Program Program income includes, but is not limited to, the following: a) Proceeds from the disposition by sale or long-term lease of real property purchases or improved with CDBG FUNDS; b) Proceeds from the disposition of equipment purchased with CDBG FUNDS; c) Gross income from the use or rental of real or personal property acquired by SUBRECIPIENT with CDBG FUNDS, less costs incidental to generation of the income; d) Gross income from the use or rental of real property owned by the SUBRECIPIENT, that was constructed or improved with CDBG FUNDS, less costs of the non-CDBG portion. e) Payment of principal and interest on loans made using CDBG FUNDS except as provided in 24 CFR Part 570.500(a)(3); f) Proceeds from the sale of loans or obligations secured by loans made with CDBG FUNDS; g) Interest earned on program income pending its disposition; and h) Funds collected through special assessments made against properties owned and occupied by households not of low or moderate income where the assessments are used to recover all or part of the CDBG PROGRAMS portion of a public improvement. During the effective term of this Agreement, SUBRECIPIENT shall report all program income as defined in 24 CFR 570.500(a), generated by activities carried out with CDBG funds under this Agreement. All Program Income shall be paid to the CITY and shall be remitted to the CITY on a quarterly basis, when earned, and shall remit any and all income balances accrued by June 30 of this Program Year. Program income attributable to projects funded under this Agreement and on hand with SUBRECIPIENT when Agreement expires, is terminated with or without cause, or received after the Agreement expiration, shall be paid to CITY as required by 24 CFR Part 570.503(b)(8) when the SUBRECIPIENT ceases to be under continuous Agreement with CITY for the operation of CDBG PROGRAMS. As long as there is no break in the Agreement period, program income shall be governed by the provisions of Section 3. 14. Reversion of Assets Upon expiration of this Agreement, SUBRECIPIENT shall transfer to the CITY any CDBG FUNDS in SUBRECIPIENT's control at the time of expiration and any accounts receivable attributable to the use of CDBG FUNDS. Further, any real property under SUBRECIPIENT's control that was acquired and/or improved in whole or in part with CDBG 2022 Subrecipient Agreement Cathedral City CDBG Program 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 2022 Subrecipient Agreement Cathedral City CDBG Program ESPR's may be submitted no more often than once a month and no less often that once every three (3) months. An exception would only be in the event that no expenditures occurred, which shall be documented in the quarterly report. b) Progress Reports: Progress reports shall be made on a form substantially similar to Exhibit A — Scope of Services, Attachment 1 "Progress Report" and shall address project status and, if applicable, explanation of any problems/delays encountered and/or anticipated and measures to be taken to correct such problems; revised milestones including anticipated schedule for project completion; direct benefit statistics; and a summary of expenditures, obligations, program income, and drawdown to date. In addition, SUBRECIPIENT shall provide as part of the progress report any citizen comments received during the reporting period relative to the project(s), and responses to such comments, and additional project information, as needed. SUBRECIPIENT shall submit such report quarterly within thirty (10) days of the close of report period. c) Completion Report: SUBRECIPIENT shall prepare and submit to CITY a Completion Report within thirty (10) days of project completion. Said report shall consist of an overview and evaluation of the project, a comparison of milestones' progress, total costs incurred, listing of files, listing of personnel, and other reasonable information requested by CITY. The completion of the project or program shall consist of the fourth quarterly report, Attachment 1 "Progress Report" d) HUD/CITY Reports: SUBRECIPIENT shall submit to CITY in a timely manner other reports as requested/required CITY for HUD compliance including, but not limited to the Contractor/Subcontractor, EEO-4, and Minority Financial Institution Reports (if applicable), and provide, as requested by HUD and/or CITY, information necessary to prepare the Consolidated Plan, Final Statement of Community Development Objectives, Grantee Performance Report (GPR), and other such reports and/or plans. e) Audit: SUBRECIPIENT shall be responsible for conducting an annual audit of its CDBG PROGRAM in compliance with 2 CFR Part 200, which supersedes, consolidates, and streamlines requirements from eight OMB Circulars, including the Office of Management and Budget (OMB) Circular No. A-133 issued pursuant to the Single Audit Act of 1984 and the Single Audit Amendments of 1996, P.L. 98- 502, OMB Circular A-110, and 24 CFR Part 85, as applicable. A copy of said audit shall be forwarded to CITY upon completion. Any costs associated with the annual audit shall be the responsibility of and paid for by SUBRECIPIENT. 17. Agreement Responsibility for Monitoring and Records HUD, the Office of the Inspector General (OIG), and the designated representatives of CITY, and other appropriate officials shall have access to all personnel records, management information, and fiscal data of SUBRECIPIENT and any agency or contractor with whom SUBRECIPIENT executes a subcontract necessary to carry out any CDBG PROGRAM(s) for monitoring purposes (24 CFR 85.40(a) and 84.51-84.53). The 2022 Subrecipient Agreement Cathedral City CDBG Program 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. 2022 Subrecipient Agreement Cathedral City CDBG Program 21. Hold Harmless SUBRECIPIENT shall hold City and City's officers, employees, agents and volunteers harmless and free from any and all claims, liabilities or expenses, including attorney's fees, arising out of or relating to any negligent act, negligent omission, or other wrongful conduct related in any way to SUBRECIPIENT'S performance of its services pursuant to this Agreement. In the event City and/or any of City's officers, employees, agents or volunteers are named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to such negligent act, negligent omission or other wrongful conduct, SUBRECIPIENT shall indemnify them for any judgment rendered against them, any sums paid out in settlement or otherwise, and all costs incurred by them in their defense, including, but not limited to attorney's fees. SUBRECIPIENT also understands and agrees that it is being employed to perform the services provided for by this Agreement because of SUBRECIPIENT'S professed expertise and experience in performing the services provided for under this Agreement. In addition, the SUBRECIPIENT understands and agrees that while City and City's officer's agents, may elect to do so, they have no duty to review, inspect, or supervise the work performed by SUBRECIPIENT pursuant to this Agreement, except as otherwise expressly provided for by this Agreement. As a consequence, the SUBRECIPIENT waives any right of contribution against City or any of City's officers, employees, agents and volunteers arising out of such failure to inspect, review, monitor or supervise the work performed by SUBRECIPIENT pursuant to this Agreement. 22. Covenants and Conditions Each term and each provision of this agreement to be performed by SUBRECIPIENT shall be construed to be both a covenant and a condition. 23. Effect of Termination a) Termination of Agreement for Convenience: In accordance with 24 CFR Part 85.44, the Agreement may be terminated by either party after thirty (30) days written notice of intention to terminate, setting forth the reasons and the effective date of such termination, has been given to the other party, provided, however, that no notice of termination given by SUBRECIPIENT shall be effective unless HUD has agreed to release CITY from its obligations pursuant to the Program Activity(ies). Alternatively, the agreement will automatically terminate in the event that United States Government terminates the CDBG PROGRAMS or terminates the Program Activity(ies) which is the subject of the Agreement. b) Termination of Agreement for Cause: In accordance with 24 CFR Part 85.43, the parties hereto understand that pursuant to CITY's execution of the HUD application, CITY assumed responsibility as to the performance of the projects. If through any cause SUBRECIPIENT fails to fulfill in a timely and proper manner its obligations under this Agreement to undertake, conduct or perform the project(s) identified in this Agreement, or if SUBRECIPIENT violates any of the covenants, agreements, or stipulations of this Agreement, CITY shall thereupon have the right 2022 Subrecipient Agreement Cathedral City CDBG Program 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 2022 Subrecipient Agreement Cathedral City CDBG Program with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section. 30. Permits and Licenses SUBRECIPIENT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 31. Waiver A waiver by the CITY of any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement whether of the same or different character. 32. Governing Law The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of Riverside County. 33. Specific Conditions The SUBRECIPIENT agrees to the following specific conditions: 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. 2022 Subrecipient Agreement Cathedral City CDBG Program In Witness Whereof, the parties have signed this agreement on the dates set forth below. Grantee Subrecipient CITY OF CATHEDRAL CITY CCHS Band Boosters Org. Inc. By �� 19 By: I /I Charles P. McClendon, City Manager Name: IMMTIF u/11, Title: /4 vire?, Ce - ''441644/5- ATTEST: '' 6ATTEST: L ` . ' ■ 111 9 By: racey R. ;= m si o, CMC Name: City Clerk Title: APPROVED AS TO FOR Eric S. Vail City Attorney 2022 Subrecipient Agreement Cathedral City CDBG Program EXHIBIT A SCOPE OF SERVICES Refer to Exhibit A, Item 1 2022 Subrecipient Agreement Cathedral City CDBG Program Exhibit A Item 1 www.cathedraicit4.i av 411 Cathedral City CITY OF CATHEDRAL CITY 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE GRANT APPLICATION Application is due 5:00 PM May 6,2022 Late Applications will not be accepted Submit application to: Andrew Lee City of Cathedral City 68-700 Avenida Lab Guerrero CA,92234 AND Email the completed unsigned application form and return to:alee@cathedralcity.gov To be considered for funding a complete application&documents listed below must be submitted by the due date/time.Hard copy&electronic copy must be submitted by the due date/time. Check each item included in your application package& USB drive.Ensure an authorized representative signs the application certification. Ensure all required text fields & applicable boxes are completed or checked (click on applicable box to insert text or check mark;"Tab"from field to field;avoid using hard returns within text boxes).Text fields are limited in space so ensure responses are concise. Do not submit testimonials,letters of support,or program literature MODIFIED APPLICATIONS WILL NOT BE ACCEPTED Organization Name:The Bands of Cathedral City High School Band Boosters Org Inc. Program Name:Cathedral City High School Band Programs CDBG Amount Requested: $30000(minimum$15,000,maximum$30,000) Application Attachment A:Past&Projected Accomplishments Attachment B:Proposed Budget Attachment C:CDBG Funded Personnel Attachment D:City CDBG Outcomes Worksheet Signed Conflict of Interest Questionnaire Submit the following Supporting Documents as PDF files on a USB Drive/Remove all passwords/Do not submit hard copies.......Proposed Program Application or Intake Sheet IRS Tax Exempt Documentation(remove all passwords) Current Board of Directors Roster F Provide the following information regarding full-time, part-time,contract&volunteer staff that will be utilized to provide the proposed service. (If CDBG funds are requested for any personnel costs, Attachment C"CDBG Funded Personnel"must be completed). Full-Time Staff:Q Part-Time Staff: Contract Staff: Volunteers:8 or more G.What percentage of the organization's total budget is spent on fundraising&overall administration? 15% of total budget on fundraising only. no admin fees are paid. H.Provide the following information regarding the number of unduplicated clients that will be served by the proposed program: 1.Total number of unduplicated clients,regardless of city of residence that will be service by the program between 7/1/22&6/30/23?12Q Individuals .01-behe •titJuy'+!'S 2.Total number of unduplicated City clients that will be served with requested CDBG funds between 7/1/22&6/30/23? 1 2OIndividuals 3.What is the tate proposed program budget for FY 2022-2023?$100,000 4.What%of the total program budget will be used to serve unduplicated City resident .100% I. Budget Leveraging L,80/ Will other grant funding be requested for this program from any the county,state,federal agency, and/or foundation,etc.?Yes No X* If"Yes,"will any of these grant funds be used to assist City Residents(complete table)? NAME OF SOURCE FUNDING NAME TOTAL GRANT GRANT AMOUNT THAT (E.G.,ESG,LEAP) AMOUNT WILL SERVE CM RESIDENTS f J.Is this the proposed program new?Yes NoX If this is ng. a"New"program,how will this program be expanded from current program efforts?CCHS Band Programs seeks to replace musical instruments that are 30 years old and of limited function and replace Marching Band uniforms that are approaching 20 years old. K.Will requested CDBG funds be used as"seed money"to create additional funding opportunities?Yes No X L.Will requested CDBG funds be used to match funding requested for another funder?Yes No)(If "Yes,"provide information regarding the other grant source&match requirements. 5. PROGRAM INFORMATION A.Complete the following budget summary for the proposed program. 2022-2023 City CDBG Grant Funds Requested:$30,000 1.Total 2022-2023 Program Budget:$100,000 (The total budget for same program that may be offered at muitlpie jurisdictions) 2.Total 2022-2023 Agency Budget: $100,000 VIo*1 6.4$0 s111 be vseCk . B. Detail how requested CDBG funds will be utilized (e.g., staff salaries, benefits; program supplies; insurance; direct client assistance,etc.)?.*If awarded,substantial modifications to the proposed use of grant funds will not be allowed. Ensure that Attachment B "Proposed Program Budget" is reflective of this outline. CDBG funds will be used to Res replacement musical instruments, marching band uniforms,sheet music, and competition fees as well as musical instrument repairs and instructor fees. C.What is the per unit cost to delivery of the proposed program?No oroorani costs associated. D. How does this cost per unit of service compare to other similar services?This cost is estimated to be equal to students in other public school band programs. E.Does the proposed program serve Veterans?(Note:Up to 10 additional rating points may be awarded to this application based on the percent of Veterans served.)Yes No X If"Yes,"what is the total percentage of Veteran clients served by the program?% -5- Ensure that these amounts are also listed in"ATTACHMENT B PRorosm 2022-2023 PROGRAM Buooer." -6- 6. HUD REQUIREMENTS Provide the following information regarding the number of individuals to be served by the proposed program&your agency from 7/1/2022 through 6/30/2023: A.Number of unduplicated City residents the program will serve with requested CDBG funds? j2Q Individuals. What%of these individuals will be of low/moderate income?9Q Note:HUD requires that each organization providing services to Individuals with CDBG public service grant funds document the size, race/ethnicity& income of assisted households. Income documentation is not required for programs that exclusively serve a "p/eswned bereft" population; however, documentation of presumed beneficiary status is required. Presumed beneficiaries include: abused children,seniors(over 62 years of age), battered spouses, severely disabled adults,homeless persons, illiterate persons,persons with HIV/AIDS,migrant farm workers. B.Does the proposed program application/intake form collect all HUD-required information? Yes NoX If"Yes,"how is this information documented? a.Self-Certification(HUD requires full Income documentation for 10%to 20%of program beneficiaries) b.Analysis of household income documents such as tax returns/pay checks c.Program serves presumed beneficiary category List category If"No,"how will this Information be collected&reported to the City?A financial accountingof Band Boosters win be availablefo the City at any times C.Submit a copy of the current or proposed program application/intake form with your application submission package. D.If the proposed service assists the homeless,what percentage of clients are"chronic homeless?"% Not Applicable HUD defines chronkally homeless as: (1)An indh4dual who: (i)Is homeless&lives in a place not meant for human habitation,a safe haven,or in on emergency shelter& (Ii)Has been homeless&living or residing in a place not meant for human habitation,a safe haven,or In an emergency shelter continuously for at least 1 year or on at least 4 separate occasions in the last 3 years, where each homeless occasion was at least 15 days& (III)Can be diagnosed with 1 or more of the following conditions:substance use disorder,serious mental illness,developmental disability,post-traumatic stress disorder,cognitive impairments resulting from brain injury,or chronic physical Illness or disability; (2)An individual who has been residing in an institutional care facility,including a/ail,substance abuse or mental health treatment facility,hospital,or other similar facility,for fewer than 90 days&met all of the criteria in paragraph(1)before entering that facility;or (3) A family with an adult head of household(or!f there is no adult In the family, a minor head of household) who meets all of the criteria In paragraph (1), Including a family whose composition has fluctuated while the head of household has been homeless. -7- E. All CDBG-funded activities are required to provide putout (i.e. number of individuals served) & outcome (i.e. anticipated benefit to program recipients)data.All CDBG-funded activities must meet one of HUD's "objectives"&"outcomes." OBJECTIVE-Check the box(only one)that best applies to the proposed program: Suitable Living Environment—The activity is designed to benefit the community,families,or individuals by address issues in their living environment. Decent Affordable Housing—The activity is designed to cover a wide range of housing opportunities that meet individual family or community needs. XCreatinc Economic Opportunities—The activity will generate economic development, commercial revitalization or job creation. Macaws-Check the box(only one)that best applies to the proposed program. Availability/Accessibility—The activity makes services, infrastructure,housing or shelter available/accessible to low-&moderate-income people,including individuals with disabilities. Affordability—The activity provides affordability in a variety of ways for low-&moderate income people(includes creation or maintenance of affordable housing,basic infrastructure hook-ups or services). XSustainability(Promoting Livable or Viable Communities)—The activity aims to improve the community or neighborhoods,helps to make them livable or viable by providing benefits to low&moderate-income people,or by removing/eliminating slums/blighted areas. -9- 7.COALITION/COLLABORATIVE APPLICATION INFORMATION NOTE:A coalition is defined os two or more agencies(at least one of which is applying for CDBG public service grant funds)with the goal of addressing on identifiable community need,eliminating duplication of services& reducing grant administration. Evidence of a formal Memorandum of Understanding or agreement between coalition agencies must be provided. NOT APPLICABLE A. List coalition/collaboration members: Lead Agency: Member: Member: Member. Member. B.Describe the target population to be served by the coalition/collaboration. C. Describe the services each member of the coalition/collaboration will provide to clients & how services will be coordinated, tracked & reported. (If seeking points as a City collaborative partner, list services to be provided&how services will be coordinated with City efforts.) D. How Is the effectiveness&success of coalition/collaboration efforts measured?Provide data regarding coalition effectiveness/success. E.How many clients will be served by coalition/collaboration efforts during the 2022-2023 Program Year with requested CDBG funds? -io- 8. CERTIFICATION I hereby certify that I am authorized to submit this application for CDBG public service grant funding provided by the City("City")by the Board of Directors of The Bands of Cathedral City High School Band Boosters Org Inc. ("Agency"). If grant funds are granted,funds will be used solely to benefit low-and moderate-income City residents. Agency understands that general liability, auto liability insurance,and workers compensation insurance are required and will be provided per terms of a grant agreement to be executed between the City and the Agency.Agency understands that grant funds are provided on a reimbursement basis and will provide appropriate documentation to substantiate expenditures submitted for reimbursement.Grant funds will be administered pursuant to an agreement and are consistent with applicable federal regulations. If the Agency fails to serve eligible City residents during the term of the contract,or fails to substantially attain projected accomplishments(defined as at least 75%of projected number of persons to be served),Agency may be required to repay all or a portion of funds already disbursed to the Agency by the City and/or forego receipt of additional grant funds. Agency also certifies that it is in compliance with all local zoning/land use regulations and possesses all required licenses and permits to operate/provide program. Name:Thomas Lehn Title:President,The Bands of Cathedral City High School Band Boosters Org Inc. Signature Date May 6,2022 -11- ATTACHMENT A PAST& PROJECTED CDBG-FUNDED PROGRAM ACCOMPLISHMENTS Program Name:Diagnostic Clinics Do not use percentages List actual number of unduplicated City residents served in past years or estimate number of unduplicated City residents to be served with requested CDBG funds INCOME CATEGORY 2019-2020 2020-2021 2021-2022 2022-2023 AcTuAL NUMBER ACTUAL NUMBER PROJECTED NUMBER PROJECTED NUMBER Of CM PERSONS OF CM PERSONS Of CM PERSONS To Of CM PERSONS To SERVED SERVED BE SERVED BE SERVED r � _ MODERATE-INCO 15 ME 80%+ MEDIAN INCOME LOW-INCOME 70 50%•80% MEDIAN INCOME VERY LOW-INCOME 30 30%-50% MEDIAN INCOME EXTREMELY Low 5 INCOME 096-30% MEDIAN INCOME TOTAL 1201 -12- ATTACHMENT B PROPOSED 2022-2023 PROGRAM BUDGET Program Name:Band Programs CCHS BUDGET CATEGORY CDBG OTHER TOTAL Agency Administration $ $ $ 1 Staff Salaries&Benefits Program Staff Salaries& $ $ $ Benefits Program Supplies $ $ $ I2 ' A' e 0 f k fi a $ § § :7 I. Q 2 6 I a.1Es * , 1 �� � � 3 § • 222 - 2&J § s 1. /... E a x : • : • A a R 0. 0 ; © c • 0 E $ as ■ t E a) RIk2 $ � 2 $ §fi g f $ g.2g � � 2 %�kk63E 0 0 � 7g § a�� � a E■ I. Jflui § to § g . f I � � .cf } E lc� J' §�ƒ c e5 » o . 8 _ E=as g Ba FE E f ■ 8 2 ; is k . § . . I 2 § E tot rg �2 & i ti...° 21 E ? ` C 4. S s © _ i c -0 2 tk : r4u A 0$ 2E g -c 41) E © EZ k I 2 k .* - . w t a E § § c t • c e 2 Al E a 2 ■ 0 CO 2 f § � 5 / / _0 -14 v 23g t ` c Vi « 7 § ® F & = - - % $ 2 IL 2f�22 § # r in ie g ) E a - % ■ t 0 » � c}2 c°• 6 42 ..a01eV2k22t� Ece ƒaEk k £ k » a2m £ a § «lc ■8 R CI 2 a) go 0 � � _ -o { a 2 l 'A g $ u u % S ; U _I F C § - . a _ � ' o � O5.0 \ e / k � Qf � � Ai k o e e _ P P _ � $ 0 « 0q � k \ � &A co§ _ \ k _ < U ■ k, - Most Recent Financial Audit&990 Tax Filing(remove all passwords) 1. APPUCANT GENERAL INFORMATION A. Organization Legal Name:The Bands of Cathedral City High School Band Boosters Org Inc. B.Address: 69250 Dinah Shore Drive Cathedral City, CA 92234 C. Program Name:Cathedral City High School Band Programs D. CDBG Amount Requested:$0.000 E. Check the lati category that best describes the proposed program Elderly/Frail Elderly Services Youth Services X Physically/Developmentally Disabled Services Health Services Persons with HIV/AIDS Services Homeless Services Fair Housing Services Substance Abuse Services Other Public Service(specify)Child Care Services F. Is this application submitted by a coalition/collaborative organization?Yes No X(If"Yes,"ensure Section 7 of the Application is completed) G. Is this application submitted by a faith-based organization?Yes No X H. Location of where service will be provided (i.e.,specify if program is citywide,a street address, a school site,etc.): Cathedral City High School I. Person to contact regarding this application&program administration: Matthew Howe, Director of Bands(760)333-8020 mhowe(a7osusd.us J. Federal Tax ID Number:200257256 K. DUNS Number: K.Official Authorized to Submit an Application: Thomas Lehn, President,The Bands of Cathedral City High School Band Boosters Org Inc. -1- 2.APPLICATION SUMMARY(This summary will be used in reports to the City Council&the public) Provide a brief summary of the proposed program, how the program will address a priority need in City, and how CDBG grant funds will be used. *Please note —if awarded, substantial modifications to the proposed use of grant funds will not be allowed. If you are submitting a coalition application, discuss the role of coalition partners&how program&admin efforts will be coordinated. CCHS Band Programs provide CCHS students with a baiannari and well-rounded music education. To that end, students will learn the fundamental, historical, and theoretical musical knowledge necessary to assist in their development as life-long music learners and performers. Furthermore, CCHS Band Programs strive to provide positive life-chapg experiences to broaden students'overall education by providing exposure to=maw unique performance opportunities and repertoires as well as expanded cultural experiences through travel. - 3.COMMUNITY NEED Provide data relevant to the need for the proposed program in City.Ensure information is specific to City.Specifically address how the proposed program will impact the identified community need and how a service gap will be eliminated or demonstrably reduced. Cathedral City High School is the only high school within the city. CCHS Band Programs serve the community of Cathedral City where, according to Data USA, approximately 20% of the total population lives below the poverty line. Additionally, according to City-data.com, approximately 22% of children age 12 to 14, from 12% to 31% of children age 15, and from 22% to 26%of children ages 16 to 17 live below the poverty line. Musical education provides all participating students with not only a physical skill but also varied experiences developing their abilities for future goal setting and achievement. For at least the last 6 academic years, the CCHS students who achieved Valedictorian of their graduating class have also been members of CCHS Band Programs. -2- 4. ORGANIZATION CAPACITY&EXPERIENCE A. State your organization's experience to carry out the proposed program. Include information regarding length of time the organization has provided the proposed service(s), staff qualification (i.e., license, academic credentials, etc.) & other relevant information. The Bands of CCHS Band Boosters Org Inc. has assisted the Band Programs at CCHS since its inception in 2007. Matthew Howe has been Director of Bands at CCHS since 2014. He is also an adjunct professor of Percussion Studies at College of the Desert in Palm Desert, CA. When not teaching, Mr. Howe also plays music professionally with several orchestras and jazz groups throughout Southern California. Mr. Howe received his Bachelor of Arts degree in Professional Music from Berklee College of Music ('95) in Boston where he graduated cum laude. He earned his Masters of Music Education from Boston University ('12) where he also graduated with honors. Currently he is a doctoral student In Music Education at Boston University. B.Summarize your organization's experience administering CDBG public service grant funds. No experience. -3- C. if your agency has received CDBG funding from the City in past years,complete the table below for most recent years. YEAR FUNDS RECEIVED CDBG GRANT AMOUNT NAME OF FUNDED PROGRAM N/A $ $ $ D.If previously funded by City CDBG, has your agency ever failed to expend all awarded grant funds? Yes No If"Yes,"explain reasons: E.If previously funded by City CDBG,has your agency ever failed to meet contractual accomplishment goals?Yes No If"Yes,"explain reasons: F.If your agency has not received CDBG funding from City in the last 2 years,list 3 references for the proposed program:NA GRANT PROVIDER GRANT PROVIDER CONTACT NAME GRANT DATES TELEPHONE N at EMAIL AMOUNT COVERED BY GRANT FUNDS f G.Compliance with OMB Circular A-133(Single Audit): 1.In any of the past 3 years,has your agency expended more than$750,000 in federal funds during a fiscal year?Yes No X 2. During this year(s), did your agency prepare a Single Audit compliant with OMB Circular A-133? Yes No If"Yes" please provide a copy of most recent Single Audit. If"No" please explain why a Single Audit was not prepared. -a- 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: $13,000.00 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. 2022 Subrecipient Agreement Cathedral City CDBG Program EXHIBIT C 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 2022 Subrecipient Agreement Cathedral City CDBG Program available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis, Subrecipient shall continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (hereinafter the "extended insurance"). Such extended insurance shall have the same coverage and limits as the policy that was in effect during the term of this Agreement, and shall cover Subrecipient for all claims made by City arising out of any errors or omissions of Subrecipient, or the officers, employees or agents of Subrecipient during the time this Agreement was in effect. c) Business Auto Coverage shall be provided on ISO Business Auto Coverage Form No. CA 00 01 06 92 including symbol 1 (any auto). As in the case of general liability insurance requirement, City and all of City's officers, employees, agents and volunteers shall be named as additional insureds under such insurance coverage using City's Standard form endorsement or ISO Form No. CG 20 10 11 85 (in no event with an edition date later than 1990). The insurance policy providing such coverage shall be scheduled as underlying insurance to any umbrella policy required above meeting general liability insurance requirements. d) Workers' Compensation/Employer's Liability Coverage shall provide workers' compensation statutory benefits as required by law. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects to the City and City's officers, employees, agents and volunteers. Employer's liability coverage provided by such insurance shall be scheduled under any primary or umbrella policy described above to meet general liability insurance requirements. 3. Additional Insurance Requirements. SUBRECIPIENT agrees to comply with the following additional requirements with respect to the insurance provided pursuant to this Section: a) Unless otherwise approved by the City, Subrecipient's insurance shall be written by insurers authorized to do business in the State of California, and with a minimum "Best's" Insurance Guide rating of"A: VII." Self-insurance will not be considered to comply with these insurance specifications. b) Subrecipient shall provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance (separate additional insured endorsement) evidencing all of the coverages required, copies of the insurance policies themselves or any portions thereof, and any required endorsements. Certificate(s) are to reflect that the insurer will provide 30 days' notice of any cancellation of coverage. Subrecipient shall require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. 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 2022 Subrecipient Agreement Cathedral City CDBG Program party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Coverage shall not be limited to the specific location, individual or entity designated as the address of the project or services provided for by this Agreement. d) Subrecipient shall ensure that coverage provided to meet these requirements is applicable separately to each insured, and that there will be no cross-liability exclusions that preclude coverage for suits between Subrecipient and City, between Subrecipient and any other named insureds or additional insureds under the insurance policy, or between City and any party associated with City or City's officers, employees, agents or volunteers. e) All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Subrecipient, and Subrecipient's employees or agents, from waiving the right of subrogation prior to a loss. By these presents, Subrecipient waives its right of subrogation against the City. f) Any failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any other additional insured in this or any other regard. g) In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary to meet the requirements of this Agreement, and any premium paid by City for such insurance will be promptly reimbursed by Subrecipient, or, if not promptly reimbursed, deducted from any compensation to be paid by City to Subrecipient pursuant to this Agreement. h) Subrecipient will provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least 72 hours before expiration of coverage. i) Subrecipient shall require all subcontractors or other parties hired by Subrecipient to perform any part of the services required by this Agreement to purchase and maintain all of the insurance specified above and all such commercial general liability insurance and business automobile insurance shall name as additional insureds all parties to this Agreement. Subrecipient shall obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required herein. No contract used by any Subrecipient, or contracts Subrecipient enters into on behalf of City, will reserve the right to charge 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 2022 Subrecipient Agreement Cathedral City CDBG Program insurance obtained in compliance with this Section. Failure of City to request copies of such documents will not impose any liability on City, or its employees. j) Subrecipient shall provide immediate notice to City of any claim against Subrecipient or any loss involving Subrecipient that could result in City or any of City's officers, employees, agents or volunteers being named as a defendant in any litigation arising out of such claim or loss. City shall not incur any obligation or liability by reason of the receipt of such notice. However, City shall have the right, but not the duty, to monitor the handling of any such claim or loss that is likely to involve City. k) In the event of any loss that is not insured due to the failure of Subrecipient to comply with these requirements, Subrecipient will be personally responsible for any and all losses, claims, suits, damages, defense obligations and liability of any kind attributed to City, or City's officers, employees, agents or volunteers as a result of such failure. 2022 Subrecipient Agreement Cathedral City CDBG Program ASSOCIATION AIM INSURANCE MANAGEMENT INC MEMBER CERTIFICATE OF INSURANCE 9/8/22 Thank you for purchasing your insurance from AIM. This is your Member Certificate and should be kept with your permanent records. Insured#: CA075276 NAMED INSURED MEMBER: Named Insured&Mailing Address PRODUCER NAME CCHS-Cathedral City HS Bands Education Support Purchasing Group AIM Association Insurance Attn:Theresa Pflum or Current Officer do AIM Management,Inc. 69250 Dinah Shore Drive P.O.Box 674051 PO Box 674051 Cathedral City,CA 92234 Dallas TX,75267-4051 Dallas TX,75267-4051 Company/Coverage Policy# Effective Dates Deductible Limits of Insurance Concert Specialty Insurance GL2022AIM00949 5/6/22-5/6/23 $0 Each Occurrence $1,000,000 Company/Commercial General Liability General Aggregate $2,000,000 Products-COMP/OPS $2,000,000 Personal&Advertising Injury $1,000,000 Fire Damage(any one fire) $50,000 Concert Specialty Insurance GL2022AIM00949 5/6/22-5/6/23 $0 Medical payments-any one person $5,000 Company/Extended Medical Payments Concert Specialty Insurance D02022AIM00792 5/6/22-5/6/23 $0 Aggregate $1,000,000 Company/Professional Liability (Directors&Officers Liability) Retro-active Effective Date: 5/6/22 Concert Specialty Insurance CR2022A1M00663 5/6/22-5/6/23 $250 Each Occurrence $50,000 Company/Fidelity Bond (Crime) Certificate Holder This member certificate,together with the common policy conditions,coverage part(s),coverage form(s),and endorsements,if any,complete the above numbered City of Cathedral City policy. Copies of the Master Policies are available upon request or may be printed at 68-700 Avenida Lab Guerra www.aim-companies.com Cathedral City,CA 92234 AUTHORIZED REPRESENTATIVE e