HomeMy WebLinkAboutContract 1573 AGREEMENT BETWEEN THE
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CITY OF CATHEDRAL CITY 01\
AND
THE CATHEDRAL CENTER (SENIOR CENTER)
FOR
SENIOR SUPPORT SERVICES
THIS AGREEMENT ("Agreement") is entered into on this day I3 of No
2013, by and between the City of Cathedral City, a California municipal corporation ("City"
or"Grantee") and THE CATHEDRAL CENTER (SENIOR CENTER), a California non-profit
corporation ("Subrecipient"). Grantee and Subrecipient are sometimes hereinafter referred
to individually as a "Party" and collectively as the "Parties".
WHEREAS, the Grantee has applied for and received Community Development Block
Grant ("CDBG") funds from the United States Government under Title I of the Housing and
Community Development Act of 1974, as amended, Public Law 93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in
utilizing such funds;
NOW, THEREFORE, it is agreed between the Parties hereto that;
I. SCOPE OF SERVICE
A. Program
The Subrecipient will be responsible for administering the FY1 2013/2014 Senior
Support Services program in a manner satisfactory to the Grantee and consistent
with any standards required as a condition of providing. these funds and the
attached Exhibit A. Such program will include the following activities eligible under
the CDBG Program: Meals on Wheels, Mobile Pantry, Group Exercise, Healthy
Aging and Bilingual Outreach Program.
Reimbursement to include: Salaries and benefits of Executive Director,
Assistant Director, Director of First Impressions and Bilingual Outreach
Program Director at The Cathedral Center located at 37-171 West Buddy
Rogers Avenue, Cathedral City, CA 92234.
The Cathedral Center is located in Cathedral City and is also the senior center for
neighboring City of Rancho Mirage.
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B. National Objectives
The Subrecipient certifies that the activities carried out with funds provided under
this Agreement will meet one or more of the CDBG program's National Objectives:
1) Benefit low/moderate income persons,
2) Aid in the prevention or elimination of slums or blight,
3) Meet community development needs having a particular urgency - as
defined in 24 CFR Part 570.208.
C. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement,
the Subrecipient agrees to provide the levels of program services set forth in Exhibit
A:
D. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against the goals and
performance standards as established in the set forth in the attached Exhibit A.
Substandard performance as determined by the Grantee will constitute non-
compliance with this Agreement. If action to correct such substandard performance
is not taken by the Subrecipient within a reasonable period of time after being
notified by the Grantee, contract suspension or termination procedures will be
initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall cover the 2013/2014 program year,
commencing on July 1, 2013 and ending on June 30, 2014. The term of this
Agreement and the provisions herein shall be extended to cover any additional time
period during which the Subrecipient remains in control of CDBG funds or other
assets, including program income.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the
Grantee under this Agreement shall not exceed $18,500. Drawdowns for the
payment of eligible expenses shall be made against the line item budgets specified
in the attached Exhibit B, and in accordance with performance. Expenses for
general administration shall also be paid against the line item budgets specified in
the attached Exhibit B and in accordance with performance. Payments will be made
on a quarterly reimbursement basis.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in OMB Circular.
A-110 and 24 CFR 84.21
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IV. NOTICES,
Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, or personal delivery or sent by facsimile or
other electronic means. Any notice delivered or sent as aforesaid shall be effective
on the date of delivery or sending. All notices and other written communications
under this Agreement shall be addressed to the individuals in the capacities
indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this Agreement shall be directed to the
following contract representatives:
Grantee: Subrecipient:
Roderick J. Wood Cathedral Center (Senior Center)
Interim City Manager President of the Board
City of Cathedral City Paul Padilla
68-700 Avenida Lab Guerrero 37-171 W. Buddy Rogers Avenue
Cathedral City, CA 92234 Cathedral City, CA 92234
(760) 770-0372 (760) 321-1548
V. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG). The Subrecipient also
agrees to comply with all other applicable Federal, State and local laws, regulations
and policies governing the funds provided under this Agreement. The Subrecipient
further agrees to utilize funds available under this Agreement to supplement rather
than supplant funds otherwise available.
B. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing a 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 Grantee
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.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from and
against any and all claims, actions, suits, charges and judgments whatsoever
(collectively "Claims") that arise out of the Subrecipient's performance or
nonperformance of the services or subject matter called for in this Agreement.
Notwithstanding the forgoing, the provisions of this subsection shall not apply to
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Claims occurring as a result of Grantee's sole negligence or willful acts or
omissions.
D. Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets
from loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to any
cash advances from the Grantee. In addition to the bonding and insurance
requirements of 24 CFR 84.31 and 84.48, Subrecipient, at Subrecipient's own cost
and expense, shall procure and maintain, for the duration of this Agreement, the
insurance policies and requirements set forth in Exhibit C of this Agreement.
E. Grantee and Grantor Agency Recognition
The Subrecipient shall insure recognition of the role of the Grantee and the United
States Department of Housing and Urban Development ("HUD" or "Grantor
Agency") in providing services through this Agreement. All activities, facilities and
items utilized pursuant to this Agreement shall be prominently labeled as to funding
source (CDBG). 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.
F. Amendments
The Grantee 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 both organizations, and
approved by the Grantee's governing body. Such amendments shall not invalidate
this Agreement, nor relieve or release the Grantee or Subrecipient from its
obligations under this Agreement.
The Grantee may, at 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.
G. Suspension or Termination
Either Party may terminate this Agreement at any time by giving written notice to the
other Party of such termination, including the reasons therefor and specifying the
effective date thereof at least 30 days before the effective date of such termination.
Partial terminations of the Scope of Service in Paragraph I.A above may only be
undertaken with the prior approval of the Grantee. In the event of any termination
for convenience, all finished or unfinished documents, data, studies, surveys, maps,
models, photographs, reports or other materials prepared by the Subrecipient under
this Agreement shall, at the option of the Grantee, become the property of the
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Grantee, and the Subrecipient shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents or materials
prior to the termination.
The Grantee may also suspend or terminate this Agreement, in whole or in part, if
the Subrecipient materially fails to comply term
to hereinAoresuch stat Wes,
any of the rules, regulations or provisions
regulations, executive orders, and HUD guidelines, policies or directives as may
become applicable at any time. The Grantee may further declare the Subrecipient
ineligible for any further participation in the Grantee's contracts, in addition to other
remedies as provided by law. In the event there is probable cause to believe the
Subrecipient is in non-compliance with any applicable rules or regulations, the
Grantee may withhold up to fifteen percent (15%) of said contract funds until such
time as the Subrecipient is found to be in compliance by the Grantee, or is
otherwise adjudicated to be in compliance.
VI. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with the provisions of OMB Circular A-
110 and 24 CFR 84.21-28 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.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB
Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21,
"Cost Principles for Educational Institutions," as applicable. These principles
shall be applied for all costs incurred whether charged on a direct or indirect
basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal
regulations specified in 24 CFR Part 570.506, which are pertinent to the
activities to be funded under this Agreement. Such records shall include but
not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets
one of the National Objectives of the CDBG program;
c. Records required determining the eligibility of activities;
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d. Records required to document the acquisition, improvement,
use or disposition of real property acquired or improved with
CDBG assistance;
e. Records documenting compliance with the fair housing and
equal opportunity components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and
OMB Circular A-110; and
g. Other records necessary to document compliance with Subpart
Kof24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to expenditures incurred
under this Agreement for a period of five (5) years after the termination of all
activities funded under this Agreement. Records for non-expendable
property acquired with funds under this Agreement shall be retained for five
(5) years after final payment. Notwithstanding the above, if there is litigation,
claims, audits, negotiations or other actions that involve any of the records
cited and that have started before the expiration of the five-year period, then
such records must be retained until completion of the actions and resolution
of all issues, or the expiration of the five-year period, whichever occurs later.
3. 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, ethnicity, income level or other basis for determining eligibility, and
description of service provided. Such information shall be made available to
Grantee monitors or their designees for review upon request.
4. Disclosure
The Subrecipient understands that client information collected under this
Agreement is private and the use or disclosure of such information, when not
directly connected with the administration of the Grantee's or Subrecipient's
responsibilities with respect to services provided under this Agreement, is
prohibited, unless written consent is obtained from such person receiving
service and, in the case of a minor, that of a responsible parent/guardian.
5. Property Records
The Subrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or sold. Properties retained shall
continue to meet eligibility criteria and shall conform to the "changes in use"
restrictions specified in 24 CFR 570.505, as applicable.
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6. Close-Outs and Reversion of Assets
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 (both personal property and real property including the return of all
unused materials, equipment, unspent cash advances, program income
balances, and accounts receivable to the Grantee), and determining the
custodianship of records. All real property under the Subrecipient's control
that was acquired or improved, in whole or in part, with CDBG funds in
excess of$25,000, must either be:
a. Used to meet one of the national objectives in 570.208 until (5) five
years after expiration of the agreement, or
b. If not used in accordance with paragraph (a) above, the Sub
recipient shall pay to the Grantee an amount equal to the current
market value of the property, less any portion of the value attributable
to expenditures of non-CDBG funds for the acquisition of, or
improvement to the property.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this
Agreement shall be made available to the Grantee, Grantor Agency and the
Comptroller General of the United States, or any of their designees or
representatives at any time during normal business hours, as often as the
Grantee or Grantor Agency deems 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 Agreement 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, as applicable, OMB
Circular A-133.
C. Reporting and Payment Procedures,
1. Program Income
The Subrecipient shall report monthly all program income as defined at 24
CFR 570.500(a) generated by activities carried out with CDBG funds made
available under this Agreement. The use of program income by the
Subrecipient shall comply with the requirements set forth at 24 CFR 570.504.
By way of further limitations, the Subrecipient may use such income during
the contract period for activities permitted under this Agreement and shall
reduce requests for additional funds by the amount of any such program
income balance on hand. All unused program income shall be returned to
the Grantee at the end of the contract period. Any interest earned on cash
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advances from the U.S. Treasury is not program income and shall be
remitted promptly to the Grantee.
2. Indirect Costs
If 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 Grantee for approval,
in a form specified by the Grantee.
3. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this
Agreement based upon information submitted by the Subrecipient and
consistent with the budget set forth in Exhibit B (or any subsequent budget
approved by Grantee) and Grantee policy concerning payments. Payments
will be made for eligible expenses actually incurred by the Subrecipient, not
to exceed actual cash requirements. Payments will be awarded to the
Subrecipient on a quarterly reimbursement basis. In addition, the Grantee
reserves the right to liquidate funds available under this Agreement for costs
incurred by the Grantee on behalf of the Subrecipient.
4. Progress Reports
The Subrecipient shall submit quarterly progress reports to the Grantee in
the form, content, and frequency as required by the Grantee.
D. Procurement
1. Compliance
The Subrecipient shall comply with current Grantee policy concerning the
purchase of equipment and shall maintain inventory records of all non-
expendable personal property as defined by such policy as may be procured
with funds provided herein. All program assets (unexpended program
income, property, equipment, etc.) shall revert to the Grantee upon
termination of this Agreement.
2. OMB Standards
The Subrecipient shall procure all materials, property, or services in
accordance with the requirements of OMB Circular A-110 implemented at 24
CFR Part 84 as modified by the provisions of 24 CFR 570.502(b).
3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel
outside the metropolitan area with funds provided under this Agreement.
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4. Use and Reversion of Assets
The use and disposition of real property and equipment under this
Agreement shall be in compliance with the requirements of 24 CFR Part 84
and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include
but are not limited to the following:
a. The Subrecipient shall transfer to the Grantee any CDBG funds on
hand and any accounts receivable attributable to the use of funds
under this Agreement at the time of expiration, cancellation, or
termination.
b. Real property under the Subrecipient's control that was acquired or
improved, in whole or in part, with funds under this Agreement in
excess of$25,000 shall be used to meet one of the CDBG National
Objectives pursuant to 24 CFR 570.208 until five (5) years after
expiration of this Agreement. If the Subrecipient fails to use CDBG-
assisted real property in a manner that meets a CDBG National
Objective for the prescribed period of time, the Subrecipient
shall pay the Grantee an amount equal to the current fair market
value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement
to, the property. Such payment shall constitute program income to
the Grantee. The Subrecipient may retain real property acquired or
improved under this Agreement after the expiration of the five-year
period.
c. In all cases in which equipment acquired, in whole or in part, with
funds under this Agreement is sold, the proceeds shall be program
income (prorated to reflect the extent to that funds received under
this Agreement were used to acquire the equipment). Equipment
not needed by the Subrecipient for activities under this Agreement
shall be (a) transferred to the Grantee for the CDBG program or (b)
retained after compensating the Grantee in an amount equal to the
current fair market value of the equipment less the percentage of
non-CDBG funds used to acquire the equipment.
VII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
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 Part 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 persons (families, individuals,
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businesses, nonprofit organizations and farms) 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 Grantee ordinances,
resolutions and policies concerning the displacement of persons from their
residences.
VIII. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of
1964 as amended, Title VIII of the Civil Rights Act of 1968 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, Executive Order 11063, and with Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin,
sex, disability or other handicap, age, marital/familial status, or status with
regard to public assistance. The Subrecipient will take affirmative action to
insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The Subrecipient agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting agency setting forth the provisions
of this nondiscrimination clause. 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 HCD Act are still applicable.
3. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) and 24 CFR 570.601 and 602. In regard to the
sale, lease, or other transfer of land acquired, cleared or improved with
assistance provided under this Agreement, the Subrecipient shall cause or
require a covenant running with the land to be inserted in the deed of lease
for such transfer, prohibiting discrimination as herein defined, in the sale,
lease or rental, or in the use or occupancy of such land, or in any
improvements erected or to be erected thereon, providing that the Grantee
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and the United States are beneficiaries of and entitled to enforce such
covenants. The Subrecipient, in undertaking its obligation to carry out the
program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant, and will not itself so discriminate.
4. Section 504
The Subrecipient agrees to comply with all federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), which prohibits discrimination against individuals with disabilities
or the handicapped in any Federally assisted program. The Grantee shall
provide the Subrecipient with any guidelines necessary for compliance with
that portion of the regulations in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out as applicable
an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1965.
2. Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients or
subcontractors to furnish all information and reports required hereunder and
will permit access to its books, records and accounts by the Grantee, HUD or
its agent, or other authorized Federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated herein.
3. EEO/AA Statement
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.
4. Women and Minority Owned Business (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 Agreement.
As used in this Agreement, 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 percent (51%) 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
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regarding their status as a minority and female business enterprises in lieu of
an independent investigation.
C. Employment Restrictions
1. Prohibited Activity,
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration or the program for: political activities;
sectarian or religious activities; lobbying, political patronage, and nepotism
activities.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a
— 276a-5); the provisions of Contract Work Hours and Safety Standards Act,
(40 USC 327, et seq.); the Copeland "Anti-Kickback" Act (18 USC 874 et
seq. and its implementing regulations of the United States Department of
Labor at 29 CFR Part 5); 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 shall maintain
documentation which 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
provided under this Agreement, 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
Parts 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.
3. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968,
as amended, the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of
this Agreement, shall be a condition of the Federal financial
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assistance provided under this Agreement and binding upon the
Grantee, the Subrecipient, Subrecipient's subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the
Grantee, the Subrecipient, and any of the Subrecipient's subrecipients
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 which 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 HUD 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 contracts for
work in connection with the project be awarded to business
concerns that provide economic 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 are given 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 which 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.
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The Subrecipient certifies and agrees that no contractual or other legal
incapacity exists which would prevent compliance with these
requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any, a notice advising
said labor organization or worker's representative of its commitments
under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the
subcontract upon finding that the subcontractor is in violation of
regulations issued by the grantor agency. The Subrecipient will not
subcontract with any entity where it has notice or knowledge that the
latter has been found in violation of regulations under 24 CFR 135 and
will not let any subcontract unless the entity has first provided it with a
preliminary statement of ability to comply with the requirements of
their regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement
without the prior written consent of the Grantee thereto; provided, however,
that claims for money due or to become due to the Subrecipient from the
Grantee under this Agreement 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.
2. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any
agency or individual in the performance of this Agreement without the
written consent of the Grantee prior to the execution of such
agreement.
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b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular
basis to assure contract compliance. Results of monitoring efforts
shall be summarized in written reports and supported with
documented evidence of follow-up actions taken to correct areas of
non-compliance.
c. Content
The Subrecipient shall cause all of the provisions of this Agreement in
its entirety to be included in and made a part of any subcontract
executed in the performance of this Agreement.
d. Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in
the performance of this Agreement shall be awarded on a fair and
open competition basis and in accordance with all applicable
procurement requirements. Executed copies of all subcontracts shall
be forwarded to the Grantee along with documentation concerning the
selection process.
3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed
under this Agreement, shall in any way or to any extent engage in the
conduct of political activities in violation of Chapter 15 of Title V United States
Code.
4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42
and 570.611 with respect to conflicts of interest, including but not
limited to the following:
a. The Subrecipient shall maintain a written code or standards of
conduct that shall govern the performance of its officers,
employees or agents engaged in the award and administration
of contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall
participate in the selection, or in the award, or administration of,
a contract supported by Federal funds if a conflict of interest,
real or apparent, would be involved.
c. No covered persons who exercise or have exercised any
functions or responsibilities with respect to CDBG-assisted
15
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 the proceeds from the CDBG-assisted activity, either
for themselves or those with whom they have business or
immediate family ties, during their tenure or for a period of one
(1) year thereafter. For purposes of this paragraph, 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.
5. Lobbying
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of it, 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 of any
cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement; and
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, it will
complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions; and
c. It will require that the language of paragraph (d) 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:
d. Lobbying Certification - Paragraph d
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
16
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each failure.
6. Copyright
If this Agreement results in any copyrightable material or inventions, the
Grantee 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 government purposes.
7. Religious Organizations
The Subrecipient agrees that funds provided under this Agreement will not
be utilized for inherently religious activities, such as worship, religious
instruction, or proselytization in accordance with the Federal regulations
specified in 24 CFR 570.200(j).
IX. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they
apply to the performance of this Agreement:
Clean Air Act, 42 U.S.C., 7401, et seq.
Federal Water Pollution control Act, as amended, 33 U.S.C. 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and
information, as well as other requirements specified in said Section 114 and
Section 308, and all regulations and guidelines issued thereunder.
Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R.,
Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area
identified by FEMA as having special flood hazards, flood insurance under the
National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including
rehabilitation).
C. Lead-Based Paint
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 Part 35. Such
regulations pertain to all HUD-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
17
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.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set
forth in the national historic Preservation Act of 1966, as amended (16 U.S.C. 470)
and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they apply
to the performance of this Agreement.
In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation and demolition of historic properties that are fifty years old or older
or that are included on a Federal, State, or local historic property list.
X. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement
shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
XI. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included
for convenience only and shall not limit or otherwise affect the terms of this
Agreement.
XII. WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not
waive its right to act with respect to subsequent or similar breaches. The failure of
the Grantee to exercise or enforce any right or provision shall not constitute a
waiver of such right or provision.
XIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Grantee and the
Subrecipient for the use of funds received under this Agreement and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral, or written between the Grantee and the Subrecipient with respect to this
Agreement.
XIV. AUTHORITY TO EXECUTE AGREEMENT
The person or persons executing this Agreement on behalf of Subrecipient warrants and
represents that he/she has the authority to execute this Agreement on behalf of the
18
Subrecipient and has the authority to bind Subrecipient to the performance of its
obligations hereunder.
[END OF PAGE —SIGNATURES ON FOLLOWING PAGE]
19
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
Grantee Subrecipient
CITY OF CATHEDRAL CITY CATHEDRAL CENTER (SENIOR CENTER)
By:
--, /
�� �/ By:
Name: Roderi . ood Nam : Paul Pa la
Title: Interim City Manager Title: President of the Board
ATTEST:
4I■ • ,
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT
/r.47/AIZI- 6ArieSR4C-431.,
City Attorney City Manager'
l
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EXHIBIT "A"
SCOPE OF SERVICES
I. The Cathedral Center(Senior Center)will perform the following educational
recreational, social, and assistive services for over 600 members and 20,000
seniors' citizens on an annual basis. Staff assists active and homebound seniors
activities and services to prolong their livelihood and independence by providing
the following:
A. The Cathedral Center staff will provide Mobile Pantry services to elderly
individuals from July 1, 2013 through June 30, 2014.
B. The Cathedral Center staff will provide Meals on Wheels services to eligible
elderly residents from July 1, 2013 through June 30, 2014.
C. The Cathedral Center staff will provide group fitness and exercise classes to
senior participants at the center from July 1, 2013 through June 30, 2014.
D. The Cathedral Center staff will provide the Healthy Aging Program to senior
participants at the Center from July 1, 2013 through June 30, 2014.
E. The Cathedral Center staff will provide the Bilingual Outreach Program to
senior participants at the center from July 1, 2013 through June 30, 2014.
II. As part of the Services, Cathedral Center staff will provide and deliver the
following services to elderly individuals and households:
A. Cathedral Center services to include:
Mobile Pantry Food Services:
Clients of The Cathedral Center will receive delivered groceries.
Meals on Wheels:
The Cathedral Center offers this program every Mondays and Wednesday and
offers lunch to all seniors.
Group Fitness Services:
The Cathedral Center provides physical and mental exercises to increase
movement, balance, flexibility, strength, stamina, and cognitive skills.
Healthy Aging Program:
The Cathedral Center's Healthy Aging Program is designed to support a healthy
lifestyle. Exercise programs, physical endurance classes, specialized mental
activities, and structured wellness events for seniors are offered.
Bilingual Outreach Program:
The Cathedral Center's Bilingual Outreach Program provides social services in
both English and Spanish. They assist with health care referrals, social
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programs such as food stamps, Medicaid and Medicare, low income housing
referrals, assisted living referrals, care giver referrals, home weatherization,
utility rebate information and help filling out the paperwork, and issues faced by
senior renters and homeowners.
B. Services to include:
Staffing
Competent, professional staff members will be provided to administer the
program, all of whom are trained to work with a multi-ethnic population and
deliver services in a non-discriminatory manner.
Work Plan
Participants are assisted with obtaining Mobile Pantry, Meals on Wheels, and
Group Exercise services through the following means and activities:
(a) Provide activities that promote mental and physical health and wellness.
These activities include and are not limited to art classes, dancing (variety of
dance styles), social board games, yoga, computer classes, English classes,
and Spanish classes.
(b) Provide seminars and classes on topical relevant issues to mental and
physical health for seniors. Host an Annual Health Fair to educate seniors on
healthy living, insurance, fitness, abuse, smoking cessation, safety and many
other topics that aid in the well-being of seniors.
(c) Provide grocery store items through the Mobile Pantry program which offers
food to seniors in a grocery store format that allows them to select their own
groceries on a weekly basis.
(d) Provide meals through the Meals on Wheels lunch program which provides
lunch to seniors on Mondays and Wednesdays.
(e) Quarterly Reports will be submitted to the City of Cathedral City.
Procedures
Seniors are never turned away from assistance of any kind. Adjacent to the
Cathedral Center is an affordable housing complex for low-income seniors.
Residents at the complex are on fixed low-incomes and need assistance with
food and transportation. The services provided at the Cathedral Center assist
with the needs of these individuals and households.
Ill. During performance of the Services, Cathedral Center staff will keep the City
informed of the status of performance by delivering the following status reports:
A. Monthly accomplishment report, July 2013 through June 2014.
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B. Monthly direct benefit activity report, July 2013 through June 2014.
IV. The tangible work status reports will be delivered to the City pursuant to the
following schedule:
A. Within 10 days of the end of the month, for monthly reports.
B. As agreed upon at the time of request.
V. Cathedral Center will utilize the following personnel to accomplish the Services:
A. The Executive Director will provide services requested;
B. The Director of First Impressions to administer Meals on Wheels Lunch
Program,
C. The fitness and classroom instructors to administer Physical and Mental
health Programs to seniors,
D. Healthy aging and Bilingual outreach personnel will assist with needs of
bilingual seniors.
VI. AMENDMENT
The Scope of Services including services and personnel, are subject to change by mutual
written agreement (pursuant to Section V.F of this Agreement). In the absence of mutual
Agreement regarding the need to change any aspects of performance, the Cathedral
Center shall comply with the Scope of Services as indicated above.
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EXHIBIT "B"
COMPENSATION
I. Cathedral Center (Senior Center) shall use the following rates of pay in the
performance of the Services:
A. In conformance with OMB Circular A-110 and A-122
II. The City will compensate the Cathedral Center for work performed upon
submission of a valid invoice. Payments will be made on a reimbursement basis.
Each invoice is to include:
A. Line items for all personnel describing the number of hours worked the hourly
rate and all associated costs of employment with supporting documentation.
B. Line items for all supplies properly charged to the Services with supporting
documentation.
Ill. The total compensation for the described services shall not exceed $18,500, to be
expended in substantial accordance with the following budget:
Line Item Amount
(1) Personnel Services $11,406.56
Salaries and related costs of staff
(2) Non-Personnel Services $7,093.44
Space rent, utilities, liability insurance, travel
expenses, equipment leases and supplies
(3) TOTAL(1-2) $18,500
B-1
{
EXHIBIT "C"
SUBRECIPIEINT INSURANCE REQUIREMENTS
A. Policies. Sub recipient, at Sub recipient's own cost and expense, shall
procure and maintain, for the duration of this Agreement, the following insurance policies:
1. Workers' Compensation Coverage. Sub recipient shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for its employees in
accordance with the laws of the State of California. In addition, Sub recipient shall require
each subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the State of California for all
of the subcontractor's employees. Any notice of cancellation or non-renewal of all
Workers' Compensation policies must be received by the City at least thirty (30) calendar
days prior to such change. The insurer shall agree to waive all rights of subrogation
against the City, its officers, agents, employees, and volunteers for losses arising from
work performed by Sub recipient for the City.
2. General Liability Coverage. Subrecipient shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
3. Automobile Liability Coverage. Subrecipient shall maintain automobile
liability insurance covering bodily injury, personal injury and property damage for all
activities of the Sub recipient arising out or of in connection with the work to be performed
under this Agreement, including coverage for owned, hired and non-owned vehicles, in an
amount of not less than one million dollars ($1,000,000) combined single limit for each
occurrence.
4. Professional Liability Coverage. Subrecipient shall maintain
professional errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Sub recipient's operations under
this Agreement, whether such operations are by the Sub recipient or by its employees,
subcontractors, or sub recipients. The amount of this insurance shall not be less than one
million dollars ($1,000,000) per occurrence.
B. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be
endorsed with the following specific language:
1. The City of Cathedral City and the City, their elected or appointed
officers, employees, agents and volunteers are to be covered as additional insured's with
respect to liability arising out of work performed by or on behalf of the Sub recipient,
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including materials, parts or equipment furnished in connection with such work or
operations.
2. This policy shall be considered primary insurance with respect to the
City, its elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may have
shall be considered excess insurance only and shall not contribute with it.
3. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
4. The insurer waives all rights of subrogation against the City, its
elected or appointed officials, officers, employees or agents.
5. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials, employees,
agents or volunteers.
6. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) calendar days' written
notice has been received by the City.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Sub
recipient shall demonstrate financial capability for payment of such deductibles or self-
insured retentions.
D. Certificates of Insurance. Sub recipient shall provide certificates of insurance
with original endorsements to the City as evidence of the insurance coverage required
herein. Certificates of such insurance shall be filed with the City on or before
commencement of performance of this Agreement. Current certification of insurance shall
be kept on file with the City at all times during the term of this Agreement.
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