HomeMy WebLinkAboutContract - 07/01/2024 - 2093 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT c-rr
FOR
FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY
FOR
FAIR HOUSING AND RELATED 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 Fair Housing Council of Riverside County (FHCRC), (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.
All activities funded with CDGB funds must meet one of the CDBG program's National
Objectives: benefit low-and moderate-income persons; aid in the prevention or elimination of
slums or blight; or meet community development needs having a particular urgency, as
defined in 24 CFR 570.208.
The Subrecipient certifies that the activity(ies) carried out under this Agreement will
meet (indicate which National Objective). Briefly describe how this National Objective will be
met.
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
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
and manner set forth in Exhibit"B." The Schedule of Compensation in Exhibit B shall contain
a line-item budget.
If any indirect costs are charged, the Subrecipient will develop an indirect cost
allocation plan for determining the appropriate Subrecipient's share of administrative costs
and shall submit such plan to the CITY for approval prior to the grant award, in a form
specified by the CITY.
In addition, the CITY may require a more detailed budget breakdown than the one
contained herein, and the Subrecipient shall provide such supplementary budget information
in a timely fashion in the form and content prescribed by the CITY. Any amendments to the
budget must be approved in writing by both the CITY and the Subrecipient.
Subrecipient to provide a list of staff and time commitments to be allocated to each
funded activity. Any changes in the Key Personnel assigned or their general responsibilities
under this project are subject to the prior approval of the CITY.
3. Availability of Funds/Modifications
CITY's provision of funding to SUBRECIPIENT pursuant to this Agreement is
contingent on the availability of CDBG FUNDS and continued federal authorization for CDBG
PROGRAM activities and is subject to amendment or termination due to lack of funds or
authorization. This Agreement is subject to written modification and termination as necessary
by CITY in accordance with requirements contained in any future Federal legislation,
regulations or CITY policy. All other modifications must be in written form and approved by
both parties.
4. Obligation of Funds
SUBRECIPIENT shall not obligate any funds, incur any costs, or initiate identified
project(s), which are the subject of the Agreement, until all environmental review has been
completed and certified by CITY's Community Development Department and CITY has
issued a written "Authorization to Obligate Funds and Incur Costs."
5. Term of Agreement
The term of this Agreement shall be from July I, 2024, to June 30, 2025.
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.
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
4.
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: QMcCiendonAcathedralcityjoy
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: Rose Mayes, Executive Director
Post Office Address: 3933 Mission Inn Avenue, Suite 100
Riverside, CA 92501
E-mail Address: rosemayps@fairhousimnet
Telephone No.: (951) 682-6581
The SUBRECIPIENT's professional services shall be actually performed by, or
shall be immediately supervised by, the SUBRECIPIENT's representative.
8. Compliance
SUBRECIPIENT agrees that it undertakes hereby the same obligations to CITY that
CITY has undertaken to HUD pursuant to CITY's CDBG application and certifications. The
obligations undertaken by SUBRECIPIENT include, but are not limited to, the obligation to
comply with all federal laws and regulations describe in Subpart K of 24 CFR Part 570 except,
however, that the SUBRECIPIENT does not assume the CITY's environmental
responsibilities under 24 CFR 570.604 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;
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d) Title VI of the Civil Rights Act of 1964 (Public Law 88-352) as amended; Title VIII
of the Civil Rights Act of 1968 (Public Law 90-284) as amended; Section 104(b) and Section
109 of Title I of the Housing and Community Development Act of 1974 as amended; Section
504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Section 3 of the Housing and Urban Development Act of
1968;Executive Order 11063, and Executive Order 11246 as amended by Executive Orders
11375, 11478, 12107 and 12086.; and HUD regulations heretofore issued or to be issued to
implement these authorities relating to civil rights;
e)The Subrecipient agrees to comply with (a)the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing
regulations at 49 CFR 24 and 24 CFR 570.606(b); (b)the requirements of 24 CFR 570.606(c)
governing the Residential Anti-displacement and Relocation Assistance Plan under section
104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional
relocation policies. The Subrecipient shall provide relocation assistance to displaced persons
as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition,
rehabilitation, demolition, or conversion for a CDBG-assisted project. The Subrecipient also
agrees to comply with applicable CITY ordinances, resolutions, and policies concerning the
displacement of persons from their residences;
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.
Women and Minority Owned Businesses(W/MBE)-The Subrecipient will use its best
efforts to afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the terms "small business" means a business that meets
the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632),
and "minority and women's business enterprise" means a business at least fifty-one (51)
percent owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish
surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The
Subrecipient may rely on written representations by businesses regarding their status as
minority and female business enterprises in lieu of an independent investigation.
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.:
h)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;
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
i) The Labor Standards Regulations set forth in Section 570.603 of 24 CFR Part 570;
and HUD Handbook 1344.1 The Subrecipient agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Contract Work Hours and Safety Standards Act .(40 U.S.G. 327 et seq.) and all other
applicable Federal, state, and local laws and regulations pertaining to labor standards insofar
as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply
with the Copeland Anti-Kick Back Act(18 U.S.C. 874 et seq.)and its implementing regulations
of the U.S. Department of Labor at 29 CFR 5. The Subrecipient shall maintain documentation
that demonstrates compliance with hour and wage requirements of this part. Such
documentation shall be made available to the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or construction
of residential property containing less than eight (8) units, all contractors engaged under
contracts in excess of$2,000.00 for construction, renovation,or repair work financed in whole
or in part with assistance pro- vided under this contract, shall comply with Federal
requirements adopted by the Grantee pertaining to such contracts and with the applicable
requirements of the regulations of the Department of Labor, under 29 CFR 1, 3, 5 and 7
governing the payment of wages and ratio of apprentices and trainees to journey workers;
provided that, if wage rates higher than those required under the regulations are imposed by
state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation,
if any, to require payment of the higher wage. The Subrecipient shall cause or require to be
inserted in full, in all such contracts subject to such regulations, provisions meeting the
requirements of this paragraph;
j)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.
"Section 3" Clause
a. Compliance - Compliance with the provisions of Section 3 of the HUD Act of
1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this contract shall be a
condition of the Federal financial assistance provided under this contract and binding upon
the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the Grantee, the
Subrecipient, and any of the Subrecipient's sub- recipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which
Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or
other disability exists that would prevent compliance with these requirements. '
The Subrecipient further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement: "The work
to be performed under this Agreement is a project assisted under a program providing direct
Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3
requires that to the greatest extent feasible opportunities for training and employment be
given to low- and very low-income residents of the project area, and that contracts for work
in connection with the project be awarded to business concerns that provide economic
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
opportunities for low-and very low-income persons residing in the metropolitan area in which
the project is located."
The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards), housing construction, or other public construction
project are given to low- and very low-income persons residing within the metropolitan area
in which the CDBG-funded project is located; where feasible, priority should be given to low-
and very low-income persons within the service area of the project or the neighborhood in
which the project is located, and to low- and very low-income participants in other HUD
programs; and award contracts for work undertaken in connection with a housing
rehabilitation (including reduction and abatement of lead-based paint hazards), housing
construction, or other public construction project to business concerns that provide economic
opportunities for low- and very low-income persons residing within the metropolitan area in
which the CDBG-funded project is located; where feasible, priority should be given to
business concerns that provide economic opportunities to low-and very low-income residents
within the service area or the neighborhood in which the project is located, and to low- and
very low-income participants in other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
k) The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151 and the Americans
with Disabilities Act of 1990 (ADA);
I) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5,
U.S.C.);
m)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;
n) 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;
o) 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;
p) Section 401(b) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831
(b)). The Subrecipient agrees that any construction or rehabilitation of residential structures
with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint
Regulations at 24 CFR 570.608, and 24 CFR 35, Subpart B. Such regulations pertain to all
CDBG-assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint and explain
the symptoms, treatment, and precautions that should be taken when dealing with lead-based
paint poisoning and the advisability and availability of blood lead level screening for children
under seven.The notice should also point out that if lead-based paint is found on the property,
abatement measures may be undertaken. The regulations further require that, depending on
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
the amount of Federal funds applied to a property, paint testing, risk assessment, treatment,
and/or abatement may be conducted.
q) Provision of 24 CFR Part 24 regarding use of debarred, suspended, or ineligible
contractors or subcontractors; and
r) Provision 24 CFR 570.200(j) regarding equal protection of faith-based
organizations.
s) Recognition - The Subrecipient shall insure recognition of the role of the Grantee
in providing services through this Agreement. All activities, facilities and items utilized
pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the
Subrecipient will include a reference to the support provided herein in all publications made
possible with funds made available under this Agreement.
t) Assignability - The Subrecipient shall not assign or transfer any interest in this
Agreement without the prior written consent of the CITY thereto; provided, however, that
claims for money due or to become due to the Subrecipient from the Grantee under this
contract may be assigned to a bank, trust company, or other financial institution without such
approval. Notice of any such assignment or transfer shall be furnished promptly to the
Grantee.
u) Copyright - If this contract results in any copyrightable material or inventions, the
CITY and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable
license to reproduce, publish, or otherwise use and to authorize others to use, the work or
materials for governmental purposes.
v) Religious Activities - The Subrecipient agrees that funds provided under this
Agreement will not be utilized for inherently religious activities prohibited by 24 CFR
570.200(j), such as worship, religious instruction, or proselytization.
w) Environmental Protection agency (EPA regulations pursuant to 40 CFR 50, as
amended;
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.
SUBRECIPIENT shall procure all materials, property, or services in accordance with
the requirements of 2 CFR 200.
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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.
The Subrecipient agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions
in Section 109 of the HCDA are still applicable.
11. Standard of Conduct/Conflict of Interest and Lobbying
The Subrecipient agrees to abide by the provision of 2 CFR 200 and 570.611
regarding conflict of interest. No member, officer or employee of SUBRECIPIENT or its
designee or agents, no member of the governing body of the locality in which the program is
situated, and no other public official of such locality or localities who exercises any functions
or responsibilities with respect to the program during his/her tenure or for one year thereafter,
shall have any interest, direct or indirect, in any contract or subcontract, or the process
thereof, for work to be performed in connection with the program activities assisted under this
Agreement.
No member, officer or agent of the SUBRECIPIENT shall participate in the selection
of in the award, or administration of, a contract supported by Federal funds if a conflict of
interest, real or apparent, would be involved.
No covered persons who exercise or have exercised any functions or responsibilities
with respect to CDBG-assisted activities, or who are in a position to participate in a decision-
making process or gain inside information with regard to such activities, may obtain a financial
interest in any contract, or have a financial interest in any contract, subcontract, or agreement
with respect to the CDBG-assisted activity, or with respect to proceeds from the CDBG-
assisted activity, either for themselves or those with whom they have business or immediate
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,
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
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
disbursal of, and accounting for, funds paid to the SUBRECIPIENT under the CDBG
PROGRAMS.
The SUBRECIPIENT agrees to the following Financial Management controls:
a) Accounting Standards - The Subrecipient agrees to comply with 2 CFR 200 and
agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
b) Cost Principles-The Subrecipient shall administer its program in conformance with
2 CFR 200 as applicable. These principles shall be applied for all costs incurred
whether charged on a direct or indirect basis.
c) Disbursement of Funds: CDBG FUNDS shall generally be disbursed by CITY to
SUBRECIPIENT on a reimbursement for actual expenses basis.
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
d) 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 is subject to 2 CFR Part 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards:
a) 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;
b) Audits & Inspections - All Subrecipient records with respect to any matters
covered by this Agreement shall be made available to the CITY, grantor agency,
and the Comptroller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must be fully cleared by the
Subrecipient within 30 days after receipt by the Subrecipient. Failure of the
Subrecipient to comply with the above audit requirements will constitute a
violation of this contract and may result in the withholding of future payments. The
Subrecipient hereby agrees to have an annual agency audit conducted in
accordance with current Grantee policy concerning subrecipient audits and 2 CFR
200.
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.
. Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in 2 CFR 200.
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,
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
All financial transactions must be supported by complete and verifiable source
documents. Records shall provide a clear audit trail and shall be maintained as
specified in Section 17 of this Agreement.
13. Program Income
Program Income is defined in Subpart J of 24 CFR Part 570.504 and is described as
gross income received by SUBRECIPIENT and directly generated from the use of CDBG
FUNDS.
Program income includes, but is not limited to, the following:
a) Proceeds from the disposition by sale or long-term lease of real property
purchases or improved with CDBG FUNDS;
b) Proceeds from the disposition of equipment purchased with CDBG FUNDS;
c) Gross income from the use or rental of real or personal property acquired by
SUBRECIPIENT with CDBG FUNDS, less costs incidental to generation of the
income;
d) Gross income from the use or rental of real property owned by the
SUBRECIPIENT, that was constructed or improved with CDBG FUNDS, less costs
incidental to generation of the income;
e) Payments 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
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CITY as required by Note: This citation does not exist. when the SUBRECIPIENT ceases to
be under continuous Agreement with CITY for the operation of CDBG PROGRAMS. As long
as there is no break in the Agreement period, program income shall be governed by the
provisions of Section 3.
14. Reversion of Assets
Upon expiration of this Agreement, SUBRECIPIENT shall transfer to the CITY any
CDBG FUNDS in SUBRECIPIENT's control at the time of expiration and any accounts
receivable attributable to the use of CDBG FUNDS. Further, any real property under
SUBRECIPIENT's control that was acquired and/or improved in whole or in part with CDBG
FUNDS (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in
excess of$25,000 shall be either:
a) Used to meet one of the national objectives in 24 CFR Part 570.208 until five (5)
years after expiration of this Agreement, the length of time to be further prescribed
by mutual agreement of the parties and delineated in Section 33, of this
Agreement.
b) Disposed of in such manner that CITY is reimbursed in the amount of the fair
market value of the property at the time of disposition of the property less any
portion of the value attributable to expenditures of non-CDBG FUNDS for
acquisition and/or improvement of such property. The payment is Program Income
to the recipient.
If SUBRECIPIENT is a private non-profit organization, SUBRECIPIENT further agrees
to a voluntary lien on above-reference property as to any CDBG FUNDS received and that
such lien will be notarized and recorded in the Office of the County Recorder, will utilized form
specified by CITY, and will be subject to provisions listed in Section 33 of this Agreement.
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 of2 CFR 200. SUBRECIPIENT shall also be establish procedures
for managing equipment, which meet the requirements of 2 CFR 200. 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 monthly basis (or a more
stringent period designated in Exhibit A — Scope of Services), any progress reports and/or
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
other documentation as may be required by CITY to audit performance of this Agreement
and/or to enable CITY to analyze and evaluate utilization of SUBRECIPIENT's program.
SUBRECIPIENT shall maintain separate accounting and financial records for each funding
(revenue) source in support of the project(s).
a) Expenditure Summary and Payment Request (ESPR); SUBRECIPIENT shall
submit ESPR supporting documents for a reimbursement to CITY's Community
Development Department by the 10th of each month. The reimbursement request •
shall be provided on an official invoice with the supporting ESPR documents. An
invoice shall include the total reimbursement amount, a description of services
rendered, the period of services rendered, and invoice number. An invoice and
ESPR's may be submitted no more often than once a month and no less often that
once every three (3) months. An exception would only be in the event that no
expenditures occurred, which shall be documented in the quarterly report.
b) Progress Reports: Progress reports shall be made on a form substantially similar
to Exhibit A — Scope of Services, Attachment 1 "Progress Report" and shall
address project status and, if applicable, explanation of any problems/delays
encountered and/or anticipated and measures to be taken to correct such
problems; revised milestones including anticipated schedule for project
completion; direct benefit statistics; and a summary of expenditures, obligations,
program income, and drawdown to date. In addition, SUBRECIPIENT shall provide
as part of the progress report any citizen comments received during the reporting
period relative to the project(s), and responses to such comments, and additional
project information, as needed. SUBRECIPIENT shall submit such report quarterly
within thirty(10)days of the close of report period. Exhibit A shall contain monthly
service goals anticipated and will be reported to CITY monthly.
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
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
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.
f) Client Data - The Subrecipient shall maintain client data demonstrating client
eligibility for services provided. Such data shall include, but not be limited to, client
name, address, income level or other basis for determining eligibility, and
description of service provided. Such information shall be made available to CITY
monitors or their designees for review upon request.
g) Disclosure -The Subrecipient understands that client information collected under
this contract is private and the use or disclosure of such information, when not
directly connected with the administration of the CITY's or Subrecipient's
responsibilities with respect to services provided under this contract, is prohibited
by the [insert applicable State of Federal law] unless written consent is obtained
from such person receiving service and, in the case of a minor, that of a
responsible parent/guardian.
h) Close Out - The Subrecipient's obligation to the Grantee shall not end until all
close-out requirements are completed. Activities during this close-out period shall
include, but are not limited to: making final payments, disposing of program assets
(including the return of all unused materials, equipment, unspent cash advances,
program income balances, and accounts receivable to the CITY), and determining
the custodianship of records. Notwithstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has
control over CDBG funds, including program income.
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. The SUBRECIPIENT shall respond in a timely
manner to all identified corrective action needs as a result of HUD, City, 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:
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
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
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 (2 CFR 333-335 as
modified by 570.502(a)(7), Note: the regulations cited as 570.502(a)(16) and
570.502(b)(3)(ix)(A) and (B) do not exist in the regulations of 570.502.
a) 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).
b) Records for nonexpendable property shall be retained for a period of five (5)years
after final disposition of the property, if applicable.
c) The CITY will monitor the performance of the Subrecipient against goals and
performance standards as stated herein. Substandard performance as determined
by the Grantee will constitute noncompliance with this Agreement. If action to
correct such substandard performance is not taken by the Subrecipient within a
reasonable period of time (after 30 calendar days)after being notified by the CITY,
contract suspension or termination procedures will be initiated.
18. Inspection Rights
SUBRECIPIENT agrees to allow CITY to inspect physical premises of any project(s)
upon 24-hour advance notice.
19. Request for Technical Assistance
SUBRECIPIENT shall refer to the Community Development Department any
regulatory or procedural questions regarding operation of its CDBG PROGRAM. All formal
requests for technical assistance shall be submitted in writing. Requests should specify the
problem area, particular assistance being requested, and proposed solution if applicable.
Informal questions regarding day-to-day program operation may be directed to the
designated CITY representative.
20. Insurance
Prior to commencing performance of the services required by this Agreement, and at
all other times this Agreement remains in effect, the SUBRECIPIENT shall procure and
maintain in full force and in effect all of the insurance required by Exhibit C attached hereto
and by this reference incorporated herein.
21. Hold Harmless
SUBRECIPIENT shall hold City and City's officers, employees, agents and volunteers
harmless and free from any and all claims, liabilities or expenses, including attorney's fees,
arising out of or relating to any negligent act, negligent omission, or other wrongful conduct
related in any way to SUBRECIPIENT'S performance of its services pursuant to this
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
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 2 CFR 200, 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 with2 CFR 200, the parties
hereto understand that pursuant to CITY's execution of the HUD application, CITY
assumed responsibility as to the performance of the projects. If through any cause
SUBRECIPIENT fails to fulfill in a timely and proper manner its obligations under
this Agreement to undertake, conduct or perform the project(s) identified in this
Agreement, or if SUBRECIPIENT violates any of the covenants, agreements, or
stipulations of this Agreement, CITY shall thereupon have the right to terminate
this Agreement by giving written notice of such termination and specifying the
effective date thereof at least(5)days before the effective date of such termination.
Notwithstanding the above, SUBRECIPIENT shall not be relieved of liability to
CITY for damages sustained by CITY by virtue of any payments to
SUBRECIPIENT for the purpose of set-off until such time as the exact amount of
damages due CITY from SUBRECIPIENT is determined.
2024-2025 Su brecipie nt Agreement Cathedral City CDBG Program
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/Amendments 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.
The CITY or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed
by a duly authorized representative of each organization, and approved by the Grantee's
governing body. Such amendments shall not invalidate this Agreement, nor relieve or release
the CITY or Subrecipient from its obligations under this Agreement.
The CITY may, in its discretion, amend this Agreement to conform with Federal, state
or local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or
schedule of the activities to be undertaken as part of this Agreement, such modifications will
be incorporated only by written amendment signed by both Grantee and Subrecipient.
28. Use of the term "CITY"
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
Reference to "CITY" in this Agreement includes CITY Manager, the designated CITY
representative, or any authorized representative acting on behalf of CITY.
29. Notices
All notices given, or required to be given, pursuant to this Agreement shall be in writing
and may be given by personal delivery or by mail. Notice sent by mail shall be addressed to
each party's designated representative as set forth above. When addressed in accordance
with this Section, such notice shall be deemed given upon deposit in the United States mail,
postage prepaid. In all other instances, notices shall be deemed given at the time of actual
delivery. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this Section.
30. Permits and Licenses
SUBRECIPIENT, at its sole expense, shall obtain and maintain during the term of this
Agreement, all appropriate permits, licenses, and certificates that may be required in
connection with the performance of services under this Agreement.
31. Waiver
A waiver by the CITY of any breach of any term, covenant, or condition contained in
this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant, or condition contained in this Agreement whether of the same or
different character.
32. Governing Law
The terms of this Agreement shall be interpreted according to the laws of the State of
California. Should litigation occur, venue shall be in the Superior Court of Riverside County.
33. Specific Conditions
The SUBRECIPIENT agrees to the following specific conditions:
a) Must assist the CITY in achieving, at least one (1), of the goals described in
the City's Assessment of Fair Housing (AFH).
b) Nothing contained in this Agreement is intended to, or shall be construed in
any manner, as creating or establishing the relationship of employer/employee
between the parties. The Subrecipient shall at all times remain an "independent
contractor" with respect to the services to be performed under this Agreement.
The CITY shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance and Workers' Compensation
Insurance, as the subrecipient is an independent contractor.
34. Integrated Agreement
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
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.
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
In itness hereof, the parties have signed this agreement on the dates set
forth below.
Grantee Subreciplent
CITY OF CATHED" L CI FIR HOUSING COUNCIL OF RIVERSIDE
COUN
cIN
4.;
„,
BY4 it, 'IL 41-1 (1/ /4'.< By: --
Charles P. McClendon, City Manager Rose Mayes, Executive Director
Date: t 1 : 4 t,:-1 / 4
Date:
ATTEST:
11LAJe, 41, i„ Date:
Tracey R. 1-lermesillo, CMC
City Clerk
APPROVED AS TO F.R
4.444 Date: -
Eric S. Vail
City Attorney
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
EXHIBIT A
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF CATHEDRAL CITY
AND
FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY
FOR
FAIR HOUSING AND RELATED SERVICES
SCOPE OF SERVICES
SUBRECIPIENT shall be responsible for administering the following eligible activities under
the Community Development Block Grant(CDBG) Program and for the City of Cathedral City
in a manner satisfactory to the Grantee and consistent with any standards required as a
condition of providing these funds:
1. Fair housing and related services that assist approximately 200 persons/households
(including education, mediation, complaints, outreach and enforcement as set forth
below)designed to further the fair housing objectives of the Fair Housing Act and goals
described in the Cathedral City Analysis of Impediments.
a) Education/outreach Services - Workshops and presentations to provide fair
housing education and outreach to the general public (at least two (2) during the
term of the Agreement); and Education/Outreach Workshops or presentations to
property management and/or banking/lending institutions (at least one (1) during
the term of this Agreement).
b) Distribute fair housing educational literature to various mobile home parks,
apartment complexes and community centers located in Cathedral City.
c) Investigate and resolve housing discrimination complaints.
d) Legal services relating to fair housing issues.
2. Landlord and tenant education and mediation within Cathedral City limits.
3. Mediation, enforcement, and/or related services to reduce fair housing complaints
based on disability.
As part of the Services, SUBRECIPIENT will prepare and deliver the following tangible work
products to the City:
1. Copies of all educational literature and materials distributed and/or used in providing
the services detailed above.
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
2. Annual audits with regards to the Analysis of Impediments including surveys, testing
or other method(s) to obtain required information.
3. Monthly Mobility Counseling report.
4. Reports and information as may be required by the City.
During performance of the Services, SUBRECIPIENT will keep the City appraised of the
status of performance by delivering the following status reports:
1. Monthly accomplishment reports, July 2024 through June 2025.
2. Monthly direct benefit activity reports, July 2024 through June 2025.
The tangible work products and status reports will be delivered to the City pursuant to the
following schedule:
1. Within 10 days of the end of the month, for monthly reports.
2. As agreed upon at the time of request.
SUBRECIPIENT will utilize the following personnel to accomplish the Services:
1. Fair Housing Council of Riverside County (FHCRC) Staff as necessary to provide
services requested.
SUBRECIPIENT may utilize the following agencies/or subcontractors to accomplish the
Services provided, subject to the provisions of Section 9 and other applicable provisions of
this Agreement:
1. Department of Housing and Urban Development (HUD)
2. Department of Justice (DOJ), Civil Rights Division
3. California State Department of Fair Employment and Housing (DFEH)
4. Private Attorneys
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
EXHIBIT B
Fair Housing Council of Riverside County
for
Fair Housing and Related Services
SCHEDULE OF CO PENSATION
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: $20,000.00
The above total amount listed shall include all eligible expenses incurred by
SUBRECIPIENT in the performance of such services.
2. BILLING. At the end of each calendar month 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:
The SUBRECIPIENT may also opt to submit billing on a quarterly basis,
accompanying the quarterly report. However, monthly performance reports must be
submitted providing quantitative data on those served during the month. In the event a
quarterly report is not submitted on a timely basis, the reimbursement a submitted invoice
may be upheld until the SUBRECIPIENT complies with the terms stated in Section 16 of this
Agreement.
3. METHOD OF PAYMENT. Payment to SUBRECIPIENT of the compensation specified
in Section 1 of this Exhibit shall be made as follows:
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.
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
EXHIBIT B-1
G- NT BUDGET
Line Item Amount
1. Salaries & benefits $ 12,000.00
2. Supplies $ 4,000.00
3. Consultants $ 4,000.00
Service projection: 200 clients
Total CDBG Allocation $ 20,000.00
All costs incurred shall be properly procured and shall only be reimbursed with proper
support documentation as per 2 CFR 200 and shall be for Cathedral City clients only.
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
EXHIBIT B-2
PAY ENT SCHEDULE
Period Line Item CDBG Funds Expended Fund Balance
July 1, 2024-July 31, 2024 #of clients 18 Funded $20,000.00
Projected Costs Salary/Benfits/Supplies $1,818.00 Requests $1,818.00
Balance $18,182.00
August 1,2024-August 31, 2024 #of clients 18 Funded $18,182.00
Projected Costs Salary/Benfits/Supplies $1,818.00 Requests $1,818.00
Balance $16,364.00
September 1, 2024-September 30, 2024 #of clients 18 Funded $16,364.00
Salary/Benfits/Supplies $1,818.00 Requests $1,818.00
Balance $14,546.00
October 1,2024-October 31, 2024 #of clients 18 Funded $14,546.00
Salary/Benfits/Supplies $1,818.00 Requests $1,818.00
Balance $12,728.00
November 1.2024-November 30. 2024 #of clients 18 Funded $12,728.00
Salary/Benfits/Supplies $1,818.00 Requests $1,818.00
Balance $10,910.00
December 1,2024-December 31,2024 #of clients 18 Funded $10,910.00
Salary/Benfits/Supplies $1,818.00 Requests $1,818.00
Balance $9,092.00
January 1,2025-January 31,2025 #of clients 18 Funded $9,092.00
Salary/Benfits/Supplies $1,818.00 Requests $1,818.00
Balance $7,274.00
February 1, 2025-Febraury 28, 2025 #of clients 18 Funded $7,274.00
Salary/Benfits/Supplies $1,818.00 Requests $1,818.00
Balance $5,456.00
March 1,2025-March 31, 2025 #of clients 18 Funded $5,456.00
Salary/Benfits/Supplies $1,818.00 Requests $1,818.00
Balance $3,638.00
April 1, 2025-April 30, 2025 #of clients 18 Funded $3,638.00
Salary/Benfits/Supplies $1,818.00 Requests $1,818.00
Balance $1,820.00
May 1, 2025-May 31, 2025 #of clients 18 Funded $1,820.00
Salary/Benfits/Supplies $1,820.00 Requests $1,820.00
Balance $0.00
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
EXHIBIT C
Fair Housing Council of Riverside County
for
Fair Housing and Related Services
LIABILITY AND INSURANCE REQUIREMENTS
1. Types and Amounts of Insurance Coverage. Subrecipient shall provide the
following types of insurance designated in this section by a check mark that includes coverage
limits complying, at a minimum, with the limits set forth herein:
Type of Insurance Limits(comb. sinple)
Errors and omission $1,000,000
Commercial gen. liability $1,000,000
Business auto liability $1,000,000
Workers compensation Statutory Limit
2. Insurance Policy Forms and Provisions. The insurance policies provided by
SUBRECIPIENT in compliance with the requirements of this Section shall conform to all of
the following requirements regarding policy forms and provisions.
a) Commercial Liability Insurance shall be provided on ISO-CGL Form No. CG 00 01
11 85 or 88. Aggregate limit endorsements shall be evidenced on either ISO Form
No. CG 25 03 11 85 or ISO Form No. CG 25 04 11 85. City and all of City's officers,
employees, agents and volunteers shall be named as additional insureds under
such insurance coverage using the City's standard form endorsement or ISO Form
No. CG 20 10 11 85 (in no event with an edition date later than 1990).
Coverage shall apply on a primary non-contributing basis in relation to any other
insurance or self-insurance, primary or excess, available to City or any officer, employee,
agent or volunteer of City.
Coverage shall not be limited to the vicarious liability or supervisory role of any
additional insured. There shall be no cross-liability exclusion and no contractor limitation
endorsement. In addition, there shall be no endorsement or modification limiting the scope of
coverage for liability arising from pollution, explosion, collapse, underground property
damage or employment-related practices, except for a provision or endorsement limiting
liability arising from pollution to liability caused by sudden or accidental pollution.
Any umbrella liability insurance over primary insurance provided to meet primary limits
shall apply to bodily injury, personal injury and property damage, at a minimum. Coverage
shall be as broad as any required underlying primary coverage, and shall include a "drop
down" provision providing primary coverage for liability not covered by primary policies but
covered by the umbrella policy. Coverage shall be provided with defense costs payable in
addition to policy limits. Coverage shall have starting and ending dates concurrent with the
underlying coverages.
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
b) Errors and Omissions Insurance shall be provided covering liability for professional
malpractice. Such coverage shall be on an "occurrence basis" if such coverage is
available, or on a "claims made" basis if not available. When coverage is provided
on a "claims made basis, Subrecipient shall continue to maintain the insurance in
effect for a period of three (3) years after this Agreement expires or is terminated
(hereinafter the "extended insurance"). Such extended insurance shall have the
same coverage and limits as the policy that was in effect during the term of this
Agreement, and shall cover Subrecipient for all claims made by City arising out of
any errors or omissions of Subrecipient, or the officers, employees or agents of
Subrecipient during the time this Agreement was in effect.
c) Business Auto Coverage shall be provided on ISO Business Auto Coverage Form
No. CA 00 01 06 92 including symbol 1 (any auto).As in the case of general liability
insurance requirement, City and all of City's officers, employees, agents and
volunteers shall be named as additional insureds under such insurance coverage
using City's Standard form endorsement or ISO Form No. CG 20 10 11 85 (in no
event with an edition date later than 1990). The insurance policy providing such
coverage shall be scheduled as underlying insurance to any umbrella policy
required above meeting general liability insurance requirements.
d) Workers' Compensation/Employer's Liability Coverage shall provide workers'
compensation statutory benefits as required by law. Unless otherwise agreed, this
policy shall be endorsed to waive any right of subrogation as respects to the City
and City's officers, employees, agents and volunteers. Employer's liability
coverage provided by such insurance shall be scheduled under any primary or
umbrella policy described above to meet general liability insurance requirements.
3. Additional Insurance Requirements. SUBRECIPIENT agrees to comply with the
following additional requirements with respect to the insurance provided pursuant to this
Section:
a) Unless otherwise approved by the City, Subrecipient's insurance shall be written
by insurers authorized to do business in the State of California, and with a minimum
"Best's" Insurance Guide rating of"A: VII." Self-insurance will not be considered to
comply with these insurance specifications.
b) Subrecipient shall provide evidence of the insurance required herein, satisfactory
to City, consisting of certificate(s) of insurance (separate additional insured
endorsement) evidencing all of the coverages required, copies of the insurance
policies themselves or any portions thereof, and any required endorsements.
Certificate(s) are to reflect that the insurer will provide 30 days' notice of any
cancellation of coverage. Subrecipient shall require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, and to delete the word
"endeavor" with regard to any notice provisions.
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
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
of any coverage normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only and is not intended by any
party to be all inclusive, or to the exclusion of other coverage, or a waiver of any
type. Coverage shall not be limited to the specific location, individual or entity
designated as the address of the project or services provided for by this
Agreement.
d) Subrecipient shall ensure that coverage provided to meet these requirements is
applicable separately to each insured, and that there will be no cross-liability
exclusions that preclude coverage for suits between Subrecipient and City,
between Subrecipient and any other named insureds or additional insureds under
the insurance policy, or between City and any party associated with City or City's
officers, employees, agents or volunteers.
e) All general or auto liability insurance coverage provided pursuant to this
Agreement, or any other agreements pertaining to the performance of this
Agreement, shall not prohibit Subrecipient, and Subrecipient's employees or
agents, from waiving the right of subrogation prior to a loss. By these presents,
Subrecipient waives its right of subrogation against the City.
f) Any failure on the part of City or any other additional insured under these
requirements to obtain proof of insurance required under this Agreement in no way
waives any right or remedy of City or any other additional insured in this or any
other regard.
g) In the event any policy of insurance required under this Agreement does not
comply with these requirements or is canceled and not replaced, City has the right,
but not the duty, to obtain the insurance it deems necessary to meet the
requirements of this Agreement, and any premium paid by City for such insurance
will be promptly reimbursed by Subrecipient, or, if not promptly reimbursed,
deducted from any compensation to be paid by City to Subrecipient pursuant to
this Agreement.
h) Subrecipient will provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Such proof will be furnished at least
72 hours before expiration of coverage.
i) Subrecipient shall require all subcontractors or other parties hired by Subrecipient
to perform any part of the services required by this Agreement to purchase and
maintain all of the insurance specified above and all such commercial general
liability insurance and business automobile insurance shall name as additional
insureds all parties to this Agreement. Subrecipient shall obtain certificates
evidencing such coverage and make reasonable efforts to ensure that such
coverage is provided as required herein. No contract used by any Subrecipient, or
contracts Subrecipient enters into on behalf of City, will reserve the right to charge
back to City the cost of insurance required by this Agreement. When requested,
Subrecipient shall provide City will all agreements with subcontractors or others
2024-2025 Subrecipient Agreement Cathedral City CDBG Program
with whom Subrecipient contracts with on behalf of City, and with all certificates of
insurance obtained in compliance with this Section. Failure of City to request
copies of such documents will not impose any liability on City, or its employees.
j) Subrecipient shall provide immediate notice to City of any claim against
Subrecipient or any loss involving Subrecipient that could result in City or any of
City's officers, employees, agents or volunteers being named as a defendant in
any litigation arising out of such claim or loss. City shall not incur any obligation or
liability by reason of the receipt of such notice. However, City shall have the right,
but not the duty, to monitor the handling of any such claim or loss that is likely to
involve City.
k) In the event of any loss that is not insured due to the failure of Subrecipient to
comply with these requirements, Subrecipient will be personally responsible for
any and all losses, claims, suits, damages, defense obligations and liability of any
kind attributed to City, or City's officers, employees, agents or volunteers as a
result of such failure.
2024-2025 Subrecipient Agreement Cathedral City CDBG Program