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2016-17 Riverside County - CDBG Supplemental1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 File No.: 4.LQ.26-16 and 4.LQ.27-16 SUPPLEMENTAL AGREEMENT FOR THE USE OF 2016-2017 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Supplemental Agreement ("Agreement") is entered into this m� day of �5 . ��, 2016, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, herein called, "COUNTY," and the CITY OF LA QUINTA, herein called "CITY." COUNTY and CITY are collectively referred to as "Parties" and individually as "Part " Y• The COUNTY and CITY mutually agree as follows: 1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated July 15, 2015 ("Cooperation Agreement"), whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds ("CDBG"), and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, Title 1, as amended, Public Law 93-383 hereinafter referred to as "Act." Said Cooperation Agreement, dated July 15, 2015, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein. 2. PURPOSE. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $125,755, CDBG Entitlement Funds, as specifically identified in Exhibit(s) A and B , attached hereto, and are incorporated herein by this reference, for the following project(s) (collectively, the "Projects"): A. 4.LQ.26-16 City of La Quinta ADA Improvements $105,634 B. 4.LQ.27-16 Boys and Girls Club - Coachella Valley $20,121 3. TERM OF AGREEMENT. The term of this Agreement for the implementation of the Project(s) shall be for a period of one (1) year from July 1, 2016 to Page 1 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 termination on June 30, 2017. City shall proceed consistent with the completion schedule set forth in Exhibit(s) A and B, attached hereto and incorporated herein. In the event the Project(s) are not substantially completed by the time set forth in the applicable completion schedules due to a force majeure event (See Section 24 below), the COUNTY may consider extending the schedule for the completion of the project(s). Times of performance for other activities may also be extended in writing by COUNTY. If substantial progress toward completion in conformance with the completion schedule, as determined by COUNTY in its discretion, of the project(s) are not made during the term of this Supplemental Agreement, COUNTY may suspend or terminate this Supplemental Agreement pursuant to the termination procedures set forth in the section titled "Termination," and the entitlement funds associated with the Project(s) may be reprogrammed by the COUNTY after appropriate notice is provided to the City. 4. DISPOSITION OF FUNDS. A. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with Sections 2 and 3 of this Supplemental Agreement. COUNTY, through its Economic Development Agency, shall make payment of the CDBG funds to CITY as set forth in the attached Exhibit(s) A and B. It is the CITY's responsibility to monitor all project activities set forth in the attached Exhibit(s) A and B, and to ensure compliance with applicable federal regulations and the terms of this Supplemental Agreement. B. CITY shall comply with timely drawdown of CDBG Entitlement funding by expeditiously implementing and completing the COUNTY -approved, CDBG-funded Projects. CITY acknowledges that CITY's drawdown performance directly impacts the COUNTY's overall program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January 31, 2017, exceeds one hundred and seventy-five percent (175%) of the CITY's 2016-2017 CDBG allocation, the COUNTY may, in its sole discretion, take the necessary administrative actions to reduce the CITY's CDBG fund balance. Necessary actions include, but are not limited to, reprogramming the excess CDBG fund balance to other eligible activities as selected by Page 2 of 20 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY. COUNTY may, in its sole and absolute discretion, authorize CITY in writing, prior to January 31, 2017, to exceed the CDBG fund balance requirement. C. CITY shall comply with timely drawdown of CDBG funds by submitting monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All disbursements of CDBG funds will be on a reimbursement basis and made within thirty (30) days after the COUNTY has received the CITY's reimbursement request including documentation supporting expenditures. D. All authorized obligations incurred in the performance of the Supplemental Agreement for projects eligible under the following CDBG regulations must be reported in writing to COUNTY no later than J1,j,2( t1 7: . 1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)] 2. Clearance Activities [24 CFR 570.201 (d)] 3. Interim Assistance [24 CFR 570.201 (f)] 4. Code Enforcement [24 CFR 570.202 (c)] All public service activities [24 CFR 570.201 (e)] and other eligible activities under this Supplemental Agreement must be implemented, completed, and obligations reported in writing to the COUNTY by the CITY no later than the completion schedules set forth in the attached Exhibits to this Supplemental Agreement. "CFR" as used herein refers to the Code of Federal Regulations. 5. COOPERATION WITH HOUSING ACTIVITIES. IES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in implementing and undertaking the goals and strategies identified in the 2014-2019 Five Year Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community Development Block Grant Program. 6. LEAD AGENCY FOR COMPLIAN�QE WITH THE CALIFORNIA EN, ( () I' 1 1"AL QuA .SIT)" , CT . LE A . Pursuant to Section 15051(d) of Title 14 of the Page 3 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I California Administrative Code, the CITY is designated as the lead agency for the projects that I are the subject matter of this Supplemental Agreement. 7. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages including, but not limited to, claims, demands, losses, liabilities, costs and expenses including reasonable attorneys' fees, resulting from the negligent or wrongful acts or omissions of their employees or agents in the performance of this Agreement, and each Party shall indemnify, defend and hold harmless the other Parties from such claims, demands, damages, losses or liabilities for their negligence S. INSURANCE. Without limiting or diminishing the CITY obligation to indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. a. Workers' ComEensation: If the CITY has employees as defined by the State of California, the CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside. b. Commercial General Liabili Commercial General Liability insurance coverage, including but not limited to, b premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of Page 4 of 20 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CITY' S performance of its obligations hereunder. Policy shall name the County of Riverside as Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. C. Vehicle Liability: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside as Additional Insured. d. General Insurance Provisions - All lines: (i). Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. (ii). The CITY' S insurance carrier(s) must declare its insurance self - insured retentions. If such self -insured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of self -insured retention unacceptable to the COUNTY, and at the election of the Country's Risk Manager, CITY'S carriers shall either; 1) reduce or eliminate such self -insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. Page 5 of 20 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (iii). CITY shall cause CITY' S insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. CITY shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements r each policy and the Certificate of Insurance. (iv). It is understood and agreed to by the parties hereto that the CITY' S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or N deductibles and/or self -insured retention's or self -insured programs shall not be construed as 1I contributory. (v). If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of or, the term of this Agreement, including any Page 6 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 extensions thereof, exceeds five (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage's currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the CITY has become inadequate. (vi). CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. (vii). The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY. (viii). CITY agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement. 9. RECORDS AND INSPECTIONS. A. CITY shall establish and maintain financial, programmatic, statistical, and other supporting records of its operations and financial activities in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200.333), and 24 CFR Part 84 and 85, as amended, and 24 CFR Section 570.502 (a), as they relate to the acceptance and use of federal fiends under this Agreement. Said records shall be retained for a period of four (4) years from the date that the activity or program funded with the CDBG Grant is closed out by the COUNTY and reported as complete in the Comprehensive Annual Performance and Evaluation Report (CAPER). Exceptions to the four (4) year retention period requirement, pursuant to 2 CFR 200.333 include the following: i. if any litigation, claim, or audit is started prior to the expiration of the four (4) year period; ii. when the CITY is notified in writing by the COUNTY, HUD, or other Federal agency to extend the retention period; iii. records for real property and equipment acquired with CDBG funds must be retained for four (4) years after final disposition; Page 7 of 20 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 iv. when the records are transferred by the CITY to the COUNTY, HUD, or other Federal agency, the four (4) year period is not applicable. B. CITY shall obtain an external audit in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200.500). Audits shall usually be performed annually but not less frequently than every two years. Nonprofit institutions and government agencies that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements, but records must be available for review by appropriate officials of the Federal grantor agency or subgranting entity. The audit report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal year. C. CITY shall maintain a separate account for the CITYS CDBG Entitlement funds received as set forth in Exhibit(s) A and B, attached hereto. D. Pursuant to 2 CFR 200.336, CITY shall, during the normal business hours, make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized representative, for the examination and copying, all of its records and other materials with respect to matters covered by this Agreement and provide reasonable access to CITY staff for the purpose of interview and discussion related to the records and documents. E. CITY shall not retain any program income as defined in 24 CFR 570.500 570.500. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities. F. The CITY shall ensure that at least fifty-one percent (51 %) of the persons benefiting from all CDBG-funded activities or projects designated as serving limited clientele [24 CFR 570.208(a)(2)(i)] are of low and moderate -income and meet the applicable household income guidelines. The CITY shall provide the required income certification and direct benefit documentation, in writing, to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A and B, attached hereto. In the event that CITY engages the services of a sub -contractor to implement CDBG-funded activities, the CITY must collect, in Page 8 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 writing, all required income certification and direct benefit documentation from subcontractors prior to submittal to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A and B, attached hereto. 10. COMPLIANCE WITH„m LAWS. CITY shall comply with all applicable federal, state, and local laws, regulations, and ordinances and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended, or any subsequent replacement. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above - mentioned Cooperation Agreement. CITY shall comply, if applicable, with Section 3 of the Housing & Urban Development Act of 1968, as amended, attached hereto as Exhibit "S" and incorporated herein by this reference. CITY shall also comply with the provisions of 24 CFR 570.200 0), attached hereto as Exhibit "R," and incorporated herein by this reference, pertaining to inherently religious activities. 11. INf p'''�; ND NT CON] A .°:1'OR. The CITY is, for purposes relating to this Supplemental Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CITY (including its employees, agents and subcontractor's) shall in no event be entitled to any benefits to which the COUNTY employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer - employee relationship between the parties; and the CITY shall hold the COUNTY harmless from any and all claims that may be made against the COUNTY based upon any contention by a third party that an employer -employee relationship exists by reason of this Supplemental Agreement. It is further understood and agreed by the parties that the CITY in the performance of this Supplemental Agreement is subject to the control or direction of the COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results. Page 9 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. TERMINATION. A. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY, pursuant to 2 CFR 200.339 (a)(3). B. COUNTY. Notwithstanding the provisions of Paragraph 12a above, COUNTY may suspend or terminate this Supplemental Agreement upon a ten (10) day written notice to CITY of action being taken and the reason for such action including, but not limited to, the following reasons: (1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Supplemental Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement invalid or untenable; or (3) In the event the funding from the Department of Housing and Urban Development referred to in Sections 1 and 2 above is terminated or otherwise becomes unavailable. C. This Agreement may be terminated and/or funding suspended, in whole or in part, for cause in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be based on the failure of the CITY to materially comply with either the terms or conditions of this Agreement. Upon suspension of funding, the CITY agrees not to incur any costs related thereto, or connected with, any area of conflict from which the COUNTY has determined that suspension of funds is necessary. CITY acknowledges that failure to comply with Federal statutes, regulations, or the terms and conditions of this Agreement may be considered by the COUNTY in evaluating future CDBG and non-CDBG funding applications submitted by CITY. D. Upon suspension or termination of this Supplemental Agreement, CITY shall return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for Page 10 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 breach of this Supplemental Agreement. E. Reversion of Assets 1. Upon expiration or termination of this Supplemental Agreement, the CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the Supplemental Agreement as well as any accounts receivable held by CITY which are attributable to the use of CDBG funds awarded pursuant to this Supplemental Agreement. 2. Any real property under the CITY' S control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the CITY in the form of a loan) in excess of $25,000 is either: (i) Used to meet one of the National Objectives pursuant to 24 CFR 570.208 until five years after expiration of this agreement, or for such longer period of time as determined to be appropriate by the COUNTY; or (ii) Not used in accordance with Clause (i) above, in which event the CITY shall pay the COUNTY 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. 13. NONDISCRIMINATION,. CITY shall abide by 24 CFR 570.601 and 570.602 of Title 24 of the Code of Federal Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds. CITY shall abide by and include in any subcontracts to perform work under this Supplemental Agreement, the following clause: "During the performance of this Supplemental Agreement, CITY and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. CITY and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free Page 11 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of such discrimination. CITY and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Commission are implementing California Government Code Section 12990 et seq., set forth in Chapter 1 of Division 4.1 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement." 14. PROHIBITION CONFLICTS OF INTEREST A. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611. B. 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. C. 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 fiends if a conflict of interest, real or apparent, would be involved. D. 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 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 Page 12 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 � agency. E. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD in the COUNTY'S sole and absolute discretion. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611 (d)(2). F. Prior to the distribution of any CDBG funding under this Supplemental Agreement, CITY shall provide COUNTY, in writing, a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Supplemental Agreement. G. Any violation of this Section 14 shall be deemed a material breach of this Supplemental Agreement, and the Supplemental Agreement shall be immediately terminated by the COUNTY. 15. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the U.S. Department of Housing and Urban Development, or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG entitlement funds from the COUNTY. 16. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use, by CITY or the CITY' S subcontractor implementing the CDBG-funded activity, for a period of five (5) years from the close-out date of Page 13 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the grant from which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY monitoring and review. 17. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT CITY agrees to notify in writing, and to cause any subcontractor implementing CDBG-funded Projects to notify, in writing, the Riverside County Workforce Development Center of any and all job openings that are caused by the CDBG-funded Projects under this Supplemental Agreement. 18. PUBI lmm(IT. Any publicity generated by CITY for the Projects funded pursuant to this Supplemental Agreement will make reference to the contribution of the COUNTY, the Economic Development Agency, and the Community Development Block Grant Program in making the project possible. 19. PROGRAM MONITORING AND EVALUATION. CITY and its subcontractors shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Supplemental Agreement and the effective and efficient achievement of the CDBG National Objectives as set forth in Exhibit(s) A and B, attached hereto. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to, the following data elements: A. Title of program, listing of components, description of activities/operations. B. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals and identify any problems encountered in meeting goals. C. If the CDBG-funded activity meets a National Objective under 24 CFR 570.208 (a)(2)(i), CITY will report the following: 1) Total number of direct beneficiaries (clientele served) with household incomes at: Page 14 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • Above 80% MHI • Between 50% and 80% MHI (Low -Income) • Between 30% and 50% MHI (Very Low -Income) • Less than 30% MHI (Extremely Low -Income) 2) Total number and percent (%) of the clientele served that have I household incomes at or below 80% MHI 3) Racial ethnicity of clientele 4) Number of Female -Headed Households D. CITY shall report, in writing, and cause its subcontractors to report, in writing, beneficiary statistics monthly to the Economic Development Agency (EDA) on the pre - approved Direct Benefit Form and Self -Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by EDA should HUD implement changes during the term of this Supplemental Agreement. CITY and subcontractors will collect and provide all necessary data required by HUD pertaining to the Specific Outcome Indicators as identified in HUD's Community Planning and Development (CPD) Outcome Performance Measurement System. 20. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant to this Supplemental Agreement is Community Development Block Grant funds (CFDA 14.218), and the Grant Award Number is B-16-UC-06-0506. 21. ENTIRE µµAGREEMENT. This Supplemental Agreement, including any attachments or exhibits hereto constitutes the entire Supplemental Agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Each of the attachments and exhibits attached hereto is incorporated herein by this reference. 22. MINISTERIAL ACTS. The Assistant County Executive Officer/EDA or designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to Page 15 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 implement the terms, provisions, and conditions of this Supplemental Agreement as it may be amended from time -to -time by COUNTY. 23. PRIOR AUTHORIZATION, CITY shall obtain COUNTY's written approval from the COUNTY' S Economic Development Agency prior to implementing the following "high risk" activities funded with CDBG assistance: A. Construction of public facilities (project plans and specifications); B. Acquisition of real property; C. Historic Preservation; D. Relocation; and F. Economic Development 24. FORCE MAJEURE. A. Performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub -contractor or supplier, acts of the other party, acts or failure to act of a public or governmental agency or entity, or any causes beyond the control or without the fault of the party claiming an extension of time to perform. B. An extension of time for any such cause (a "Force Majeure Delay") shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) calendar days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Page 16 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Force Majeure Delay shall deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event. 25. JURISDICTION AND VENUE: Any action at law or in equity arising under this Supplemental Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Supplemental Agreement shall be filed in the consolidated Courts of Riverside County, State of California, and the parties hereto waive all Y provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction 26. Sf VEI ABILlTY'Each paragraph and provision of this Supplemental Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full force and effect. 27. WAIVER. Failure by a party to insist upon the strict performance of any of the provisions of this Supplemental Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's rights to insist and demand strict compliance by the other party with the terms of this Supplemental Agreement thereafter. 28. NOTICES. Each notice, request, demand, consent, approval or other communication (hereinafter in this Section referred to collectively as "notices" and referred to singly as a "notice") which the CITY or COUNTY is required or permitted to give to the other party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and sufficiently given if: (a) personally delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received at the time so delivered); or (b) sent by Federal Express (or other similar national overnight courier) designating early morning delivery (any notice so delivered shall be deemed to have been received on the next Business Day following receipt by the courier); or (c) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received two days after mailing in the Page 17 of 20 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States), addressed to the respective parties as follows: COUNTY CITY Assistant County Executive Officer/EDA Frank Spevacek Economic Development Agency City of La Quinta P.O. Box 1180 78-495 Calle Tampico Riverside, CA 92502 La Quinta, CA 92253 29. LOBBYING. CITY certifies to the best of its knowledge and belief, that: a. No federally -appropriated funds have been paid or will be paid, by or on behalf of the CITY, 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. b. If any funds other than federally -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, the CITY shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. CITY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. 30. INTERPRETATION AND GOVERNING LAW. This Supplemental Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the Page 18 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 laws of the State of California. This Supplemental Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Supplemental Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 31. AUTHORITY TO µEXECUTE. The persons executing this Supplemental Agreement or exhibits attached hereto on behalf of the parties to this Supplemental Agreement hereby warrant and represent that they have the authority to execute this Supplemental Agreement and warrant and represent that they have the authority to bind the respective parties to this Supplemental Agreement to the performance of its obligations hereunder. 32. EFFECTIVE DATE. The effective date of this Supplemental Agreement is the date the parties sign the Supplemental Agreement. If the parties sign the Supplemental Agreement on more than one date, then the last date the Supplemental Agreement is signed by a party shall be the effective date. 33. COUNTERPARTS. 1 RPAR`1'S. This Supplemental Agreement may be signed by the different parties hereto in counterparts, each of which shall be an original but all of which together shall constitute one and the same agreement. 34. LETTER TO PROCEED. CITY shall not initiate nor incur expenses for the CDBG-funded Projects or activities covered under the terms of this Supplemental Agreement as set forth in Exhibit(s) A and B, attached hereto, prior to receiving written authorization from COUNTY to proceed. 35. ASSIGNMENT. The CITY shall not make any assignment or transfer in any form with respect to this Supplemental Agreement, without prior written approval of the COUNTY. 36. MODIFICATION OF AGREEMENT. This Supplemental Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively. [Signatures on Following Page] Page 19 of 20 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as of the dates set forth below. COUNTY OF RIVERSIDE, a political subdivision of the State of Caiifiorj K BY ' Sty Assi )irector of EDA Date:. APPROVED AS TO FORM: Gregory P. Priamos, County Counsel By:._. .... . m�r �.� /Deputy 4 a�ila� R. Brown, County Counsel CITY OF LA QUINTA, a general law city B FRANK J. SPEVACEK, City Manager City of La Quinta, CA Date: X I L ATTEST: BY: 1"AL/n lvh"� Susan Maysels, City Clerk, City of La Quinta APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Page 20 of 20 EXHIBIT A File No.: 4.LQ.26-16 SUPPLEMENTAL AGREEMENT SCOPE OF WORK (NON-PUBLIC SERVICE) I. GENERAL INFORMATION CITY NAME: Citv of La Ouinta DUNS #: 158241765 ADDRESS: 78-495 Calle Tampico La Quinta, CA 92253 PROGRAM CONTACTS: Frank Spevacek, City Manager PHONE: 760 770-7120 FAX: E-MAIL: PROJECT NAME: City of La Quinta ADA Improvements PROJECT LOCATION: Various Parks and Locations Throughout City LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion 24 CFR 58.35 CDBG ELIGIBILITY CODE: 570.201 (c) Public Facilities PROJECT FUNDING SUMMARY: $105,634 Project to be administered by County (EDA) on behalf of City: YES ❑ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2016-2017 Community Development Block Grant for the City of La Quinta ADA Improvements in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 The City of La Quinta will use CDBG funds to pay for costs associated with the construction of ADA improvements at City public parks, intersection curb ramps, and sidewalks -all prioritized improvements recommended in the City's ADA Transition Plan report. CDBG funds will be used for design, construction, equipment, materials and supplies, inspection/testing costs, and project administration. Page 1 of 7 EXHIBIT A File No.: 4.LQ.26-16 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: 570.208 a 2 i A CFR Reference: Low Mod Limited Clientele Presumed C. Levels of Accomplishment — Goals and Performance Measures The City agrees to implement and complete the following activity(ies): Activity #1 Prepare design and specifications for facility improvements. Activity #2 Implement and complete construction activities. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): fg Creating Suitable Living Environments Providing Decent Affordable Housing (] Creating Economic Opportunities Outcome (select one): Availability/Accessibility Affordability Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. Page 2 of 7 EXHIBIT A File No.: 4.LQ.26-16 F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed LO5,634 Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item CDBG Granted Total of Non- Total Activity/Project Notes Funds CDBG Funds Budget .m_..........m_w...._ �.. .........._.__..._._..... ............................. Design/Engineering Costs Project Administration Costs $105,634 $5,500 $111,134 Construction Costs Acquisition Costs Relocations Costs Capital Equipment Costs Code Enforcement Clearance Interim Assistance Indirect Costs: EXHIBIT A File No.: 4.LQ.26-16 G. Total Amount of Non- CDBG Leveraging TYPE SOURCFi AMOUNT SOURCE AMOUNT " SOURCE AMOUNT TOTAL FEDERAL STATE/LOCAL City Gen. $5,500 $5,500 Fund PRIVATE OTHER TOTAL: $5,500 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended, 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 City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. C. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: I Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; V. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. Page 4 of 7 EXHIBIT A File No.: 4.LQ.26-16 2. Records Retention The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low -moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after submission of the County's annual performance and evaluation report to HUD. 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 four-year period, then such records must be retained until completion of the actions and resolution of all issues. 3. Client Data The City 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 County monitors or their designees for review upon request. 4. Disclosure The City 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 County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County 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 County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Jns.pcctioils All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller 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 City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200.500) and HUD's single audit regulations (24 CFR Part 44.6). Page 5 of 7 EXHIBIT A File No.: 4.LQ.26-16 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre -approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Completion Date Complete Online Training Implement Project Activities Execute Supplemental Agreement & Notice to Incur Cost Tasks / Milestone Submit Quarterly Performance Reports to County County Monitoring of City Program/Performance June 2016 Upon Notification from EDA August 2016 Start Date July 2016 September 2016 C. o. L,n pl iota t October 15, 2016 January 15, 2017 April 15, 2017 To be determined by Program Manager Specific Project Activities 1. City executes Sponsor's Agreement; receives authorization to incur cost letter 2. City prepares final construction/equipment documents (incorporating Special Federal Provisions) for EDA review and approval 3. EDA authorizes City to advertise for bids 4. EDA reviews and approves bidding process 5. City awards construction/equipment contract 6. City and EDA conduct "pre -construction meeting" 7. EDA authorizes City to issue "Notice to Proceed" City Submits Reimbursement Requests Monthly Submittal ❑ Other Schedule CDBG-funded Project Complete City Submits Monthly Direct Benefit Reports March 31, 2017 N/A Page 6 of 7 April 15 2Ct17 .flNAL) EXHIBIT A File No.: 4.LQ.26-16 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS City is not to proceed with bidding or contracting - for design or construction services - prior to contacting the County to obtain Special Federal Provisions for bidding and contract procurement. EDA must review and approve (in writing) all construction bid documents prior to notice inviting bids. Page 7 of 7 EXHIBIT B File No.: 4.LQ.27-16 SUPPLEMENTAL AGREEMENT SCOPE OF WORK (PUBLIC SERVICE) I. GENERAL INFORMATION CITY NAME: City of La Quinta ADDRESS: 7'8495 C'alle Tampico La Quinta, CA 92253 CITY PROGRAM CONTACTS: Siah Nix, Program Manager SUBRECIPIENT NAME: Boys & Girls Club of Coachella V ADDRESS: 49995 Moon River Drive, La Quinta, CA 92253 PHONE: (760) 564-5555 FAX: E-MAIL: DUNS#:968847715 PROJECT NAME: Boys and Girls Club - Coachella Valley PROJECT LOCATION: 49995 Moon River Drive La Quinta, CA 92253 LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: $20,121 Project to be administered by County (EDA) on behalf of CITY: YES ❑ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2016-2017 Community Development Block Grant for the Boys and Girls Club - Coachella Valley in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 The Boys and Girls Club will use CDBG funds to provide membership "scholarships" to youth from low-income families. These scholarships will allow eligible individuals to participate in after -school programs including concerts, recreation, and arts and crafts activities. Page 1 of 7 EXHIBIT B File No.: 4.LQ.27-16 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: 570.208 (a)(2)(i)(B) CFR Reference: Low Mod Limited Clientele Income Certification C. Levels of Accomplishment — Goals and Performance Measures The City agrees to provide the following levels of program services: Activity Units Total ear Month Qiiiti.,/ "ear Activity # 1 79 Unit of Service is defined as: Children receiving Scholarships CPD OUTCOME PERFORMANCE MEASUREMENT Total Uh It icefted Persons Objectives (select one): Creating Suitable Living Environments Providing Decent Affordable Housing Creating Economic Opportunities 79 Outcome (select one): © Availability/Accessibility i Affordability Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. EXHIBIT B File No.: 4.LQ.27-16 F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $20,121. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item CDBG Granted Total Non- Total Notes Funds CDBG Funds Activity/Project Bud et Total Direct Program $ Expenses Salaries Fringe Office Space (Program Only) Utilities Communications Reproduction/Printing Supplies and Materials Mileage Equipment (Program Only) Audit Transportation Other: Scholarships $20,121 Total Indirect Program $ Expenses Indirect Costs (Specify)* * All indirect costs must be pre -approved by the County. City must submit an Indirect Cost Allocation Plan to County, in a form specified by County, demonstrating the appropriate share of general and administrative costs. Page 3 of 7 EXHIBIT B File No.: 4.LQ.27-16 G. Total Amount of Non- CDBG Leveraging TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL FEDERAL STATbWCAL City Gen. $1,006 $1,006 Fund PRIVATE ............... OTHER TOTAL: $1,006 IIL ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with the 24 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended, 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 City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. C. Documentation and Record Keeping 1. Records ,to..._be Maintained. The City and its subrecipients will maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; V. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. Page 4 of 7 EXHIBIT B File No.: 4.LQ.27-16 2. Records Retention: The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low -moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after submission of the County's annual performance and evaluation report to HUD. 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 four-year period, then such records must be retained until completion of the actions and resolution of all issues. 3. Client Data: The City 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 County monitors or their designees for review upon request. 4. Disclosure: . ............................................... The City 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 County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs: The City's obligation to the County 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 County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. Andius & Inspeetion's;, All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller 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 City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and the Uniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200.500) and HUD's single audit regulations (24 CFR Part 44.6). Page 5 of 7 EXHIBIT B File No.: 4.LQ.27-16 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre -approved by County, CITY will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Com_pletionmmDate Complete Online Training June 2016 July 2016 Execute Subrecipient Agreements August 2016 September 2016 (EDA must approve) Implement Program Activities July 1, 2016 March 31, 2016 Execute Supplemental Agreement August 2016 September 2016 & Notice to Incur Cost City Submit Quarterly October 15, 2016 Performance Reports to County January 15, 2017 April 15, 2017 County Monitoring of City TBD TBD Performance City submit Monthly September 2016 March 2017 Direct Benefit Reports City Submits Reimbursement Requests Monthly Submittal N September 2016 Aril 15 2017 FINAL Other Schedule CDBG Program Services Complete March 2017 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS Subrecipient must collect income self -certifications and verifications from every ixtrojit or legal ;1►� It ia7 c ml ym l c'fi' J al �wOn.�' ' rla CAI BG-IL died activities. This includes family income, family size, and ethnicity. Subrecipient is required to collect income verification documentation from the persons submitting the certifications. All of this documentation must be submitted to EDA on a monthly basis. (Special Conditions continued on Page 7 of 7) Page 6 of 7 EXHIBIT B File No.: 4.LQ.27-16 Monthly submittal of reimbursement requests is a mandatory requirement. Due to the funding amount allocated to this project, program year-end deadlines, and Subrecipient's past performance, Subrecipient is expected to complete CDBG funded activities by March 30, 2017, with the City's final reimbursement request and reports to be submitted no later than April 15, 2017. Page 7 of 7 EXHIBIT "R" CONSTITUTIONAL PROHIBITION Page 1 of 2 In accordance with First Amendment Church/State Principles, as a general rule, CDBG/ESG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including secular activities® The following restrictions and limitations therefore apply to the use of CDBG/ESG funds® (1) CDBG/ESG funds may not be used for the acquisition of property or the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures to be used for religious purposes or which will otherwise promote religious interests. This limitation includes the acquisition of property for ownership by primarily religious entities and the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures owned by such entities (except as permitted under paragraph (j) (2) of this section with respect to rehabilitation and under paragraph (j) (4) of this section with respect to repairs undertaken in connection with public services) regardless of the use to be made of the property or structure. Property owned by primarily religious entities may be acquired with CDBG/ESG funds at no more than fair market value for a non -religious use® (2) CDBG/ESG funds may be used to rehabilitate buildings owned by primarily religious entities to be used for a wholly secular purpose under the following conditions: (i) The building (or portion thereof) that is to be improved with the CDBG/ESG assistance has been leased to an existing or newly - established wholly secular entity (which may be an entity established by the religious entity); (ii) The CDBG/ESG assistance is provided to the lessee (and not the lessor) to make the improvements; (iii) The leased premises will be used exclusively for secular purposes available to persons regardless of religion; (iv) The lease payments do not exceed the fair market rent of the premises as they were before the improvements are made; (v) The portion of the cost of any improvements that also serve a non -leased part of the building will be allocated to and paid for by the lessor; (vi) The lessor enters into a binding agreement that unless the lessee, or a qualified successor lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the lessor will pay to the lessee an amount equal to the residual value of the improvements; EXHIBIT "R" CONSTITUTIONAL PROHIBITION Page 2 of 2 (vii) The lessee must remit the amount received from the lessor under subparagraph (2)(vi) of this section to the recipient or subrecipient from which the CDBG/ESG funds were derived® The lessee can also enter into a management contract authorizing the lessor religious entity to use the building for its intended secular purpose, e.g., homeless shelter, provision of public services. In such case® the religious entity must agree in the management contract to carry out the secular purpose in a manner free form religious influences in accordance with the principles set forth in paragraph (j) (3) of this section. (3) As a general rule® CDBG/ESG funds may be used for eligible public services to be provided through a primarily religious entity® where the religious entity enters into an agreement with the recipient or subrecipient from which the CDBG/ESG funds are derived that, in connection with the provision of such services: (i) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion® (ii) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) it will provide no religious instruction or counseling® conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; (iv) The portion of a facility used to provide the public services shall contain no religious symbols or decorations® other than those permanently affixed to or part of the structure. (4) Where the public services provided under paragraph (j) (3) of this section are carried out on property owned by the primarily religious entity, CDBG/ESG funds may also be used for minor repairs to such property which are directly related to carrying out the public services where the cost constitutes in dollar terms only an incidental portion of the CDBG/ESG expenditure for the public services. EXHIBIT ANSir Page 1 of 2 Economic Opportunities for Section 3 Residents and Section 3 Business Concerns Sec. 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. EXHIBIT "S" Page 2 of 2 D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action® as provided in an applicable provision of the subcontract or in this section 3 clause® upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed® and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed® were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default® and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance® section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible® but not in derogation of compliance with section 7(b). MEMORANDUM TO: Monika Radeva, Deputy City Clerk FROM: Carla Triplett, Management Specialist DATE: August 3, 2016 RE: CDBG Funding Supplemental Agreement for the 2016-2017 CDBG Program Year Pursuant to City Council approval on August 02, 2016, please find two original (2) copies of the above referenced Supplemental Agreement for the 2016-2017 CDBG program year, requiring Frank's signature. Once all required signatures have been obtained please return to me for further processing. Should you have any questions, please contact me. � w r MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Y-Wmcithy R. Jonasson, Design and Development Director/City Engineer DATE: August 3, 2016 RE: CDBG Funding - Supplemental Agreement for the 2016-2017 CDBG Program Year Attached for your signature are two original agreements with the County of Riverside for CDBG Program Funding for the 2016-2017 program year. Please sign both of the attached agreement(s) and return to the City Clerk for processing and distribution. N/A Contract payments will be charged to account number: X Amount of Agreement, Amendment, Change Order, etc.: $125,755 N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Am tNLQrft. to exput this a reement is based upon: X Approved by the City Council on 08/02/16 City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less Initial to certify that 3 written informal bids or proposals were received and considered in selection The follQwing required documents or-e.a hed th agreement N/A Insurance certificates as required by the agreement (approved by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) N/A City of La Quinta Business License number N/A Purchase Order number RESOLUTION NO.2016 - 034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUPPLEMENTAL AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR AMERICANS WITH DISABILITES ACT IMPROVEMENTS AT VARIOUS CITY OWNED PARKS AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY — LA QUINTA UNIT. WHEREAS, the Community Development Block Grant funds for Fiscal Year 2015/16 is identified to be $125,755; and, WHEREAS, the City of La Quinta must submit to the County of Riverside Economic Development Agency a signed Supplemental Agreement to utilize the Community Development Block Grant Funds and, WHEREAS, the use of the Community Development Block Grant Fund was openly discussed and considered by the City Council at their regular meeting on December 1, 2015; and, WHEREAS, on December 1, 2015, by a majority vote of the City Council of the City of La Quinta, California, the following proposal(s), were selected: PROJECT NAME 1. Miscellaneous Parks ADA Improvements 2. Fee Waiver/Reduction Program SPONSOR AMOUNT City of La Quinta $105,634 Coachella Valley $ 20,121 Boys and Girls Club La Quinta Unit NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the City of La Quinta does hereby approve the Supplemental Agreement (Exhibit A) for the use of Community Development Block Grant Funds for Fiscal Year 2016/17 for the above names project(s). SECTION 2. That the City Council hereby directs the City Manager to disperse the funding amounts in accordance with the programming procedures of the Community Development Block Grant program. Resolution No. 2016-034 Community Development Block Grant - Supplemental Agreement Adopted: August 2, 2016 Page 2 of 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of August 2016, by the following vote: AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City CleV City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Twit 4 4 auk& OFFICE OF THE CITY CLERK TEL (760) 777-7035 CERTIFICATION OF RESOLUTION NO. 2016-034 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing resolution containing two (2) pages is a full, true and correct copy of Resolution No. 2016-034of the City of La Quinta entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUPPLEMENTAL AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR AMERICANS WITH DISABILITIES ACT IMPROVEMENTS AT VARIOUS CITY OWNED PARKS AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY — LA QUINTA UNIT Resolution 2016-034 was adopted by the La Quinta City Council on the 2nd day of August 2016. Dated: August 15, 2016 ............. SUSAN MAYSELS, City C16jk City of La Quinta, California (CITY SEAL) 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 COUNTYOF RIVERSIDE ECONOMIC• File: 4.LQ.26-16 and 4.LQ.27-16 September 21, 2016 Frank Spevacek, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE. EXECUTED 2016-2017 SUPPLEMENTAL AGREEMENT - AUTHORIZATION TO INCUR COST Dear Mr. Spevacek: Enclosed is a fully executed copy of your City's 2016-2017 Supplemental Agreement for the use of Community Development Block Grant (CDBG) funds. The U.S. Department of Housing and Urban Development and the Riverside County Economic Development Agency have completed their regulatory, administrative, and environmental review of the City's following project (s): "4.LQ.26-16 City of La Quinta ADA Improvements $105,634 "4.LQ.27-16 Boys and Girls Club - Coachella Valley $20,121 The total CDBG funding for the City is $125,755 This letter authorizes your City to incur costs for reimbursement retroactive to July 1, 2016. All claims will be reviewed for compliance with applicable policies in the Community Development Policy Manual. Please carefully review the policies relating to contract administration and reimbursement of claims. Any changes will be forwarded to you as they occur. You will be required to provide milestones for significant events affecting your overall timetable. Meeting your timetable and milestones is imperative since it reflects on the City's capacity to manage grants in a timely manner. Failure to demonstrate management capacity could result in the in the County reducing or cancelling your CDBG funding. Adrru rtttsp cfl ion 9 tram wsss� f c:aanor ric Y?eveloprr)erit Flarking A'secsdfori Housing Authority 11 dwa0'd Dew Mus'eur'Yl Pfoject ManagePYenf Br9r'91'1ews td"itt t igerlc e II'7kxmd'9horq X .('„i1r1C>iC. gy r1V4onrrYC.lYII'kj: Flia Ortlrig Purchashg Group ..rrt@t K-11 Svce0 es Pvt wwmgr."11G r1t,..,„, 0 it Ntu;ircaC iScri G �st'ov�r0 kcal F'rca rs:;rPy c.Auas"Ilo"rlo,enitySn,;rvk., s .,Irkefing lrctC.9r",m :''r.,a��.�re's6strlutsL.tibrtiatRisa;w'�r Nis�PxJia� d faPtgdl d"4,b.1Nleroi,;r"0 4P'\a!&.YVkh)(i,' i L) v¢Ar,,)p H'e,,T0 S:\Teinplates\EDA-006a-Letterhead-Color, doc File: September 21, 2016 Notice to Incur Cost Letter Page 2 Since your CDBG funding includes a limited clientele public service activity, your City or sub -recipient must maintain income verification forms for your clients similar to the self -certification form attached. In addition, your City will be required to complete the attached Direct Benefit Activity Report relative to the clientele served by your City or sub -recipient. These reports should be submitted on a monthly basis along with your claims for reimbursement. At least 51 % of the clientele served must meet the income limits established by H.U.D., as shown on the attached income limits chart. For audit purposes, recipients of Community Development Block Grant funds must comply with all applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200). The CDBG funds are identified in the Code of Federal Domestic Assistance (CFDA) SectLcn 1. 215, If you have any questions, please contact Michelle Davitt at (760) 863-2650. Sincerely, John Thurman, EDA Development Manager — CDBG/ESG Programs SH:JT: Attachments: Executed Supplemental Agreement �: ( DRG P)RMi 'Ulb fncur Cost ( ill lnem('onl 1h2016-17 do. John Thurman, EDA Development Manager — CDBG/ESG Programs SH:JT: Attachments: Executed Supplemental Agreement �: ( DRG P)RMi 'Ulb fncur Cost ( ill lnem('onl 1h2016-17 do.