2019-20 Riverside County - CDBG Supplementalt(4jQ�ra
;F%1 DESF]"I
MEMORANDUM
TO: Jon McMillen, City Manager
FROM: Carley Escarrega, Management Assistant
DATE: October 16, 2019
RE: Supplemental Agreement for the 2019/2020 CDBG Program which
covers: (1) City of LQ Misc. ADA Improvements ($125,194); and (2)
Boys & Girls Club - Coachella Valley ($18,216) for a Total of $143,410
in CDBG Funds
Attached for your signature.
Please sign the attached agreement(s) and return to the City Clerk for processing
and distribution.
Requesting department shall check and attach the items below as
appropriate:
X Contract payments will be charged to account number: Special Revenue Fund 210
X Amount of Agreement, Amendment, Change Order, etc.: $143,410
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).
Authority to execute this agreement is based upon:
X Approved by the City Council on November 20 2018 resolution no. 2018-058
N/A City Manager's signature authority provided under Resolution No. 2019-021 for budgeted
expenditures of $50,000 or less. This expenditure is $ and authorized by
Director
N/A Initial to certify that 3 written informal bids or proposals were received and considered in
selection
The following re uired documents are attached to the a regiment:
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 A requisition for a Purchase Order has been prepared (amounts over $5,000)
COUNTY OF RIVERSIDE
<bIEDA
ECONOMIC DEVELOPMENT AGENCY
Files: 4.LQ.37-19, 4.LQ.38-19
December 13, 2019
Frank Spevacek, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
RE: EXECUTED 2019-2020 SUPPLEMENTAL AGREEMENT - AUTHORIZATION TO INCUR COST
Dear Mr. Spevacek:
Enclosed is a fully executed copy of your City's 2019-2020 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.37-19 Boys & Girls Club - $18,216
Coachella Valley
4.LQ.38-19 City of La Quinta ADA Improvements $125,194
The total CDBG funding for the City is $143,410
This letter authorizes your City to incur costs for reimbursement retroactive to July 10, 2019.
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.
5555 Arlington Avenue Riverside, CA 92504 951-351-0700 • 951-343-5469 FAX
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File: 4.LQ.37-19, 4.LQ.38-19
December 13, 2019
Notice to Incur Cost Letter
Page 2
Public Service Activities:
If your CDBG funding includes a limited clientele public service activity, your City or sub -recipient must maintain
income self -certification and income verification forms for the clients served. 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.
All clients benefitting from CDBG-funded public service activities must submit an Income Self -certification Form
(English/Spanish) with a copy sent to EDA. At least 5 1 % of the persons benefitting from this CDBG-funded activity
must meet the income limits established by HUD. A copy of those Income Limits, the Direct Benefit Report, as well
as the Income Self -certification Form is available at EDA's website: www.rivco.or. Furthermore, at least 10% of the
clientele served must be randomly selected for income verification. These verifications must be conducted through an
approved process and submitted to EDA as well.
If the CDBG-funded public service activities meets a National Objective of the CDBG program by benefitting persons
that are presumed to be low or moderate income [24 CFR 570.208 (a)(2)(i)(A)], then at least 51% of all clients must
be within a presumed category. All persons benefitting from the CDBG-funded activities must complete and submit a
Self -Certification for Presumed Clientele form. This form, as well as the Direct Benefit Activity Report, is also
available at EDA's website: www.rivco.or2.
Public Facilities and Other Activities:
Please consult with your assigned CDBG Program Manager regarding the National Objective reporting requirements
for any CDBG-funded public facilities or other non-public service activities.
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) Section 14.218.
If you have any questions, please contact Carolina Estrada at (760) 863-2650.
Sincerely,
Susana�rozco`-----
Principal Development Specialist — BG/ESG Programs
Attachments: Executed Supplemental Agreement
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File No.: 4.LQ.37-19, 4.LQ.38-19
SUPPLEMENTAL AGREEMENT FOR THE USE OF
2019-2020 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Supplemental Agreement ("Agreement') is entered into this 31- cl day of
Q- C- , 2019, 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
"Party."
Y•
The COUNTY and CITY mutually agree as follows:
1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated
July 20, 2017 ("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 20, 2017, 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 $143,410 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.37-19 Boys & Girls Club — Coachella Valley $18,216
B. 4.LQ.38-19 City of La Quinta ADA Improvements $125,194
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, 2019 to termination on June 30, 2020.
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schedule set forth in Exhibit(s) A, and B, attached hereto and incorporated herein.
5. EXTENSION OF TIME. In the event the Project(s) are not substantially completed by
the time set forth in the applicable completion schedule(s) due to a force majeure event (See
Section 40 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.
6. 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.
7. 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 United States),
addressed to the respective parties as follows:
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TAT r%7
CITY
Assistant County Executive Officer/ECD SON McMILLEN:, City Manager
Economic Development Agency City of La Quinta
P.O. Box 1180
Riverside, CA 92502
8. PAYMENT OF FUNDS.
78-495 Calle T
La Quinta, CA 92253
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, 2020,
exceeds one hundred and seventy-five percent (175%) of the CITY's 2019-2020 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 COUNTY. COUNTY may,
in its sole and absolute discretion, authorize CITY in writing, prior to January 31, 2020, 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
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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 June 1, 2020:
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
Exhibit(s) to this Supplemental Agreement. "CFR" as used herein refers to the Code of Federal
Regulations.
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 Part 200), and 24 CFR Section 570.502 (a), as they relate to the acceptance and use of federal
funds 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,
but not limited to 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;
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iii. records for real property and equipment acquired with CDBG funds
must be retained for four (4) years after final disposition;
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 Section 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 CITY' S 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.
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
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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
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 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 570.
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 (12 U.S.C.A. Section
1701u), as amended, a copy of which is attached hereto as Exhibit "S", and incorporated herein by
this reference. CITY shall adhere to the restrictions set forth in 24 CFR 570.200 0) and 24 CFR
Section 5.109, which is attached hereto as Exhibit "R," a copy of which is incorporated herein by
this reference, pertaining to inherently religious activities. CITY shall comply with the Additional
Federal Requirements, if applicable, attached hereto as Exhibit "AFR," and incorporated herein
by this reference.
11. COOPERATION WITH HOUSING ACTIVITIES. 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 2019-2024 Five Year
Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community
Development Block Grant Program.
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12. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to Title 14 CCR Section 1501(d), the
CITY is designated as the lead agency for the project(s) that are the subject matter of this
I Supplemental Agreement.
13. 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. The hold harmless and indemnification obligations set forth herein shall survive
the termination and expiration of this Agreement.
14. INSURANCE. Without limiting or diminishing the CITY's 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' Compensation:
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.
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b. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to,
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
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)
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reduce or eliminate such self -insured retention as respects this Agreement with the COUNTY, or
12) procure a bond which guarantees payment of losses and related investigations, claims
administration, and defense costs and expenses.
(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) oflnsurance 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 for each policy and the Certificate oflnsurance.
(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
deductibles and/or self -insured retention's or self -insured programs shall not be construed as
contributory.
(v). If, during the term of this Agreement or any extension thereof, there
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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 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.
15. INDEPENDENT CONTRACTOR. 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.
16. NONDISCRIMINATION. CITY shall abide by 24 CFR Sections 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, sexual orientation, gender
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identity, or veteran status 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 disability, medical
condition, marital status, veterans status, sexual orientation, gender identity, age (over 40)
or sex. CITY and subcontractors shall insure that the evaluation and treatment of their
employees and applicants for employment are free 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."
17. PROHIBITION AGAINST CONFLICTS OF INTEREST
A. CITY and its assigns, employees, agents, consultants, officers and elected
ind appointed officials shall become familiar with and shall comply with the Uniform
kdministrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
�FR Part 200) and the CDBG regulations prohibiting conflicts of interest contained in 24 CFR
;70.611.
B. The Subrecipient shall maintain a written code or standards of conduct that
j shall govern the performance of its officers, employees or agents engaged in the award and
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administration of contracts supported by Federal fiends.
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 funds 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
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.
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.
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G. Any violation of this Section 17 shall be deemed a material breach of this
Supplemental Agreement, and the Supplemental Agreement shall be immediately terminated by
the COUNTY.
18. 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.
19. 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 19a above,
COUNTY may suspend or terminate this Supplemental Agreement upon a ten (10) day written
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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 fiends 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 fiends 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 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.
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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.
20. PUBLICITY. 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.
21. 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, 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
1570.208 (a)(2)(i), CITY will report the following:
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household incomes at:
1) Total number of direct beneficiaries (clientele served) with
• 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
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.
22. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval
from EDA 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
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23. PRIOR COUNTY APPROVAL (CONSTRUCTION ACTIVITIES1. CITY shall
obtain COUNTY's written approval, through EDA, of the project plans, specifications, and
construction documents prior to CITY'S construction of same for all projects consisting of
CDBG-funded construction activities. The COUNTY neither undertakcs nor assumes nor will
have any responsibility or duty to CITY or to any third party to review, inspect, supervise, pass
judgment upon or inform CITY or any third party of any matter in connection with the
development or construction of the improvements, whether regarding the quality, adequacy or
suitability of the plans, any labor, service, equipment or material furnished to the property, any
person furnishing the same, or otherwise. CITY and all third parties shall rely upon its or their
own judgment regarding such matters, and any review, inspection, supervision, exercise of
judgment or information supplied to CITY or to any third party by the COUNTY in connection
with such matter is for the public purpose of assisting with a community development and
housing activity pursuant to the Act, and neither CITY (except for the purposes set forth in this
Agreement) nor any third party is entitled to rely thereon. The COUNTY shall not be responsible
for any of the work of construction, improvement, or development of the property.
It is the responsibility of CITY, without cost to COUNTY, to ensure that all applicable
local jurisdiction land use requirements will permit development of the property and construction
of the improvements and the use, operation, and maintenance of such Improvements in
accordance with the provisions of this Agreement. Nothing contained herein shall be deemed to
entitle Sponsor to any local jurisdiction or County permit or other local jurisdiction or County
approval necessary for the development of the Property, or waive any applicable local
jurisdiction or County requirements relating thereto. This Agreement does not (a) grant any land
use entitlement to CITY, (b) supersede, nullify, or amend any condition which may be imposed
by the local jurisdiction in connection with approval of the development described herein, (c)
guarantee to CITY or any other party any profits from the development of the Property, or (d)
amend any local jurisdiction or County laws, codes or rules.
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24. PRIOR COUNTY APPROVAL (AQUISITION ACTIVITIES). CITY shall obtain
COUNTY's written approval and authorization to proceed, through EDA, of all CDBG-funded I
real property acquisition activities.
25. REAL PROPI IY ACQUIRED OR PUBLIC FACILITY COIF: s-rRUCTED
WITH CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire I
real property or to construct a public facility, CITY will comply with the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section
200.311); National Environmental Policy Act of 1969 (42 U.S.C.A. §4321, et seq.); the
California Environmental Quality Act (Cal. Pub. Resources Code §21000, et seq.); the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42
U.S.C. A.§4630, et seq.); and the COUNTY's Five Year Consolidated Plan. In addition, the
following is to occur:
a. Title to the real property shall vest in CITY;
b. The real property will be held by CITY, or the constructed facility will be
maintained by the CITY, for a minimum period of five (5) years from the date the CDBG-funded
activity is closed -out and reported as complete by the COUNTY through the Comprehensive
Annual Performance and Evaluation Report (CAPER);
C. While held by CITY, the real property or the constructed facility is to be
used exclusively for the purposes for which acquisition or construction was originally approved
by COUNTY;
d. Written approval from COUNTY must be secured if the property or the
facility is to be put to an alternate use that is consistent with the COUNTY'S Five Year
Consolidated Plan or the applicable federal regulations governing CDBG funds;
C. Should CITY desire to use the real property or the constructed facility, prior
to the completion of the mandatory five-year period, for a purpose not consistent with applicable
federal regulations governing CDBG funds or to sell the real property or facility, then:
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(1) If CITY desires to retain title, CITY will reimburse COUNTY the
amount that represents the percentage of current fair market value that is identical to the I
percentage that CDBG funds initially comprised of monies paid to acquire the property or
construct the facility; or
(2) If CITY sells the property or facility or is required to sell the
property or facility, CITY shall reimburse COUNTY the amount that represents the percentage
of proceeds realized by the sale that is identical to the percentage that CDBG funds initially
comprised of monies paid to acquire the property or construct the facility. This percentage
amount will be calculated after deducting all actual and reasonable cost of sale from the sale
proceeds.
26. ENTIRE AGREEMENT. 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.
27. SEVERABILITY. 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.
28. 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.
29. MINISTERIAL ACTS. The Assistant County Executive Officer/ECD or
designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to
implement the terms, provisions, and conditions of this Supplemental Agreement as it may be
amended from time -to -time by COUNTY.
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30. 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 fiends from the COUNTY.
31. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant
to this Supplemental Agreement is Community Development Block Grant fiends (CFDA 14.218),
I and the Grant Award Number is B- 1 9-UC-06-0506.
32. 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.
33. INTERPRETATION AND GOVERNING LAW. This Supplemental Agreement
and any dispute arising hereunder shall be governed by and interpreted in accordance with the 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.
34. 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.
35. 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 only in
the Superior Court of the State of California, located in Riverside, California, and the Parties hereto
waive all provisions of law providing for the filing, removal or change of venue to any other court
or jurisdiction
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36. 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-fiinded activity, for a period of five (5) years from the close-out date of the grant from
which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY
'I monitoring and review.
37. AUTHORITY TO EXECUTE. 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.
38. 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.
39. COUNTERPARTS. 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.
40. 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.
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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 Force Majeure Delay shall
deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event.
41. 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.
H
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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 California
BY:
Michael Walsh,
Deputy Director
Date: I z / <�
( �Izl
APPROVED AS TO FORM:
Gregory P. Priamos, County Counsel
By: Gtc� — Y
/Kisuit P. Dhillon,
puty County Counsel
CITY OF LA QUINTA,
a general law city
c
BY:
Title: �VkV\ OA�
Date: 06-0 6UL b � �z l �
ATTEST:
BY:
MONIKA RADEVA, City Clerk
APPROVED AS TO FORM:
BY: w r t/ Vt
City Attorney
Page 23 of 23
EXHIBIT "R"
(Page 1 of 6)
24 C.F.R. § 5.109
Equal participation of faith -based organizations in
HUD programs and activities.
Effective: May 4, 2016
(a) Purpose.
Consistent with Executive Order 13279 (issued on December 12, 2002, 67 FR
77141), entitled "Equal Protection of the Laws for Faith -Based and Community
Organizations," as amended by Executive Order 13559 (issued on November 17,
2010, 75 FR 71319), entitled "Fundamental Principles and Policymaking
Criteria for Partnerships With Faith -Based and Other Neighborhood
Organizations," this section describes requirements for ensuring the equal
participation of faith -based organizations in HUD programs and activities.
These requirements apply to all HUD programs and activities, including all
of HUD's Native American Programs, except as may be otherwise noted in the
respective program regulations in title 24 of the Code of Federal Regulations
(CFR), or unless inconsistent with certain HUD program authorizing statutes.
b) Definitions. The following definitions apply to this section:
Direct Federal financial assistance means Federal financial assistance
provided when a Federal Government agency or an intermediary, as defined in
this section, selects the provider and either purchases services from that
provider (i.e., via a contract) or awards funds to that provider to carry
out an activity (e.g., via grant, sub -grant, sub -award, or cooperative
agreement). The recipients of sub -grants or sub -awards that receive Federal
financial assistance through State -administered programs (e.g., flow -through
programs) are considered recipients of direct Federal financial assistance.
In general, Federal financial assistance shall be treated as direct, unless
it meets the definition of indirect Federal financial assistance.
Federal financial assistance means assistance that non -Federal entities
receive or administer in the forms of grants, contracts, loans, loan
guarantees, property, cooperative agreements, food commodities, direct
appropriations, or other assistance, but does not include a tax credit,
deduction, or exemption.
Indirect Federal financial assistance means Federal financial assistance
provided when the choice of the provider is placed in the hands of the
beneficiary, and the cost of that service is paid through a voucher,
certificate, or other similar means of Government -funded payment. Federal
financial assistance provided to an organization is considered indirect when
the Government program through which the beneficiary receives the voucher,
certificate, or other similar means of Government -funded payment is neutral
EXHIBIT "R"
(Page 2 of 6)
toward religion; the organization receives the assistance as a result of a
decision of the beneficiary, not a decision of the Government; and the
beneficiary has at least one adequate secular option for the use of the
voucher, certificate, or other similar means of Government -funded payment.
Intermediary means an entity, including a nongovernmental organization,
acting under a contract, grant, or other agreement with the Federal
Government or with a State, tribal or local government that accepts Federal
financial assistance and distributes that assistance to other entities that,
in turn, carry out activities under HUD programs.
(c) Equal participation of faith -based organizations in HUD programs and
activities.
Faith -based organizations are eligible, on the same basis as any other
organization, to participate in HUD programs and activities. Neither the
Federal Government, nor a State, tribal or local government, nor any other
entity that administers any HUD program or activity, shall discriminate
against an organization on the basis of the organization's religious
character or affiliation, or lack thereof. In addition, decisions about
awards of Federal financial assistance must be free from political
interference or even the appearance of such interference and must be made on
the basis of merit, not based on the religious character or affiliation, or
lack thereof, of an organization.
(d) Separation of explicitly religious activities from direct Federal
financial assistance.
(1) A faith -based organization that applies for, or participates in, a HUD
program or activity supported with Federal financial assistance retains its
independence and may continue to carry out its mission, including the
definition, development, practice, and expression of its religious beliefs,
provided that it does not use direct Federal financial assistance that it
receives (e.g., via contract, grant, sub -grant, sub -award or cooperative
agreement) to support or engage in any explicitly religious activities
(including activities that involve overt religious content such as worship,
religious instruction, or proselytization), or in any other manner prohibited
by law.
(2) A faith -based organization that receives direct Federal financial
assistance may use space (including a sanctuary, chapel, prayer hall, or
other space) in its facilities (including a temple, synagogue, church,
mosque, or other place of worship) to carry out activities under a HUD
program without removing religious art, icons, scriptures, or other religious
symbols. In addition, a faith -based organization participating in a HUD
program or activity retains its authority over its internal governance, and
may retain religious terms in its organization's name, select its board
members on a religious basis, and include religious references in its
organization's mission statements and other governing documents.
EXHIBIT "R"
(Page 3 of 6)
(e) Explicitly religious activities.
If an organization engages in explicitly religious activities (including
activities that involve overt religious content such as worship, religious
instruction, or pros elytization), the explicitly religious activities must
be offered separately, in time or location, from the programs or activities
supported by direct Federal financial assistance and participation must be
voluntary for the beneficiaries of the programs or activities that receive
direct Federal financial assistance.
(f) Intermediary responsibilities to ensure equal participation of faith -
based organizations in HUD programs.
If an intermediary —acting under a contract, grant, or other agreement with
the Federal Government or with a State, tribal or local government that is
administering a program supported by Federal financial assistance —is given
the authority to select a nongovernmental organization to receive Federal
financial assistance under a contract, grant, sub -grant, sub -award, or
cooperative agreement, the intermediary must ensure that such organization
complies with the requirements of this section. If the intermediary is a
nongovernmental organization, it retains all other rights of a
nongovernmental organization under the program's statutory and regulatory
provisions.
(g) Beneficiary protections.
Faith -based organizations that carry out programs or activities with direct
Federal financial assistance from HUD must give written notice to
beneficiaries and prospective beneficiaries of the programs or activities
describing certain protections available to them, as provided in this
subsection. In addition, if a beneficiary or prospective beneficiary objects
to the religious character of the organization carrying out the programs or
activities, that organization must promptly undertake reasonable efforts to
identify and refer the beneficiary or prospective beneficiary to an
alternative provider to which the beneficiary or prospective beneficiary has
no such objection.
(1) Written notice. The written notice must state that:
(i) The organization may not discriminate against a beneficiary or
prospective beneficiary on the basis of religion, religious belief, a refusal
to hold a religious belief, or a refusal to attend or participate in a
religious practice;
(ii) The organization may not require beneficiaries to attend or participate
in any explicitly religious activities that are offered by the organization,
and any participation by beneficiaries in such activities must be purely
voluntary;
EXHIBIT "R"
(Page 4 of 6)
(iii) The organization must separate, in time or location, any privately
funded explicitly religious activities from activities supported by direct
Federal financial assistance;
(iv) If a beneficiary objects to the religious character of the organization,
the organization must undertake reasonable efforts to identify and refer the
beneficiary to an alternative provider to which the beneficiary has no such
objection; and
(v) Beneficiaries or prospective beneficiaries may report an organization's
violation of these protections, including any denial of services or benefits
by an organization, by contacting or filing a written complaint to HUD or
the intermediary, if applicable.
(2) Timing of notice. The written notice must be given to prospective
beneficiaries before they enroll in any HUD program or activity. When the
nature of the program or activity or exigent circumstances make it
impracticable to provide the written notice in advance, the organization
must provide written notice to beneficiaries of their protections at the
earliest available opportunity.
(3) Referral requirements.
(i) If a beneficiary or prospective beneficiary of a program or activity
that receives direct Federal financial assistance from HUD objects to the
religious character of an organization that carries out the program or
activity, that organization must promptly undertake reasonable efforts to
identify and refer the beneficiary or prospective beneficiary to an
alternative provider to which the beneficiary or prospective beneficiary has
no such objection.
(ii) A referral may be made to another faith -based organization, if the
beneficiary or prospective beneficiary has no objection to that provider
based on the provider's religious character. But if the beneficiary or
prospective beneficiary requests a secular provider, and a secular provider
is available, then a referral must be made to that provider.
(iii) Except for activities carried out by telephone, Internet, or similar
means, the referral must be to an alternative provider that is in reasonable
geographic proximity to the organization making the referral and that carries
out activities that are similar in substance and quality to those offered by
the organization. The alternative provider also must have the capacity to
accept additional beneficiaries.
(iv) If the organization determines that it is unable to identify an
alternative provider, the organization shall promptly notify the
intermediary or, if there is no intermediary, HUD. If HUD or an intermediary
is notified that an organization is unable to identify an alternative
provider, HUD or the intermediary, as appropriate, shall promptly determine
EXHIBIT "R"
(Page 5 of 6)
whether there is any other suitable alternative provider to which the
beneficiary or prospective beneficiary may be referred. An intermediary that
receives a request for assistance in identifying an alternative provider may
request assistance from HUD.
(4) Recordkeeping.
A faith -based organization providing a referral under paragraph (g)(3) of
this section must document a beneficiary or prospective beneficiary's request
for a referral, whether the beneficiary or prospective beneficiary was
referred to another provider, to which provider the beneficiary or
prospective beneficiary was referred, and if the beneficiary or prospective
beneficiary contacted the alternative provider, unless the beneficiary or
prospective beneficiary requests no follow up.
(h) Nondiscrimination requirements.
Any organization that receives Federal financial assistance under a HUD
program or activity shall not, in providing services or carrying out
activities with such assistance, discriminate against a beneficiary or
prospective beneficiary on the basis of religion, religious belief, a refusal
to hold a religious belief, or a refusal to attend or participate in a
religious practice. However, this section does not require any organization
that only receives indirect Federal financial assistance to modify its
program or activities to accommodate a beneficiary that selects the
organization to receive indirect aid.
(i) Exemption from Title VII employment discrimination requirements.
A religious organization's exemption from the Federal prohibition on
employment discrimination on the basis of religion, set forth in section
702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1), is not forfeited
when the organization participates in a HUD program. Some HUD programs,
however, contain independent statutory provisions that impose certain
nondiscrimination requirements on all grantees. Accordingly, grantees should
consult with the appropriate HUD program office to determine the scope of
applicable requirements.
(j) Acquisition, construction, and rehabilitation of structures.
Direct Federal financial assistance may be used for the acquisition,
construction, or rehabilitation of structures only to the extent that those
structures are used for conducting eligible activities under a HUD program
or activity. Where a structure is used for both eligible and explicitly
religious activities (including activities that involve overt religious
content such as worship, religious instruction, or proselytization), direct
Federal financial assistance may not exceed the cost of the share of
acquisition, construction, or rehabilitation attributable to eligible
activities in accordance with the cost accounting requirements applicable to
EXHIBIT "R"
(Page 6 of 6)
the HUD program or activity. However, acquisition, construction, or
rehabilitation of sanctuaries, chapels, or other rooms that a HUD -funded
faith -based organization uses as its principal place of worship, may not be
paid with direct Federal financial assistance. Disposition of real property
by a faith -based organization after its use for an authorized purpose, or
any change in use of the property from an authorized purpose, is subject to
Government -wide regulations governing real property disposition (2 CFR part
200, subpart D) and the HUD program regulations, as directed by HUD.
k) Commingling of Federal and State, tribal, and local funds.
If a State, tribal, or local government voluntarily contributes its own funds
to supplement direct Federal financial assistance for an activity, the State,
tribal or local government has the option to segregate those funds or
commingle them with the direct Federal financial assistance. However, if the
funds are commingled, the requirements of this section apply to all of the
commingled funds. Further, if a State, tribal, or local government is
required to contribute matching funds to supplement direct Federal financial
assistance for an activity, the matching funds are considered commingled
with the direct Federal financial assistance and, therefore, subject to the
requirements of this section. Some HUD programs' requirements govern any
activity assisted under those programs. Accordingly, recipients should
consult with the appropriate HUD program office to determine the scope of
applicable requirements.
Credits
[69 FR 41717, July 9, 2004; 80 FR 75934, Dec. 7, 2015; 81 FR 19416, April 4,
20161
SOURCE:
March 8,
FR 54498
2008; 75
July 16,
90657, DE
61 FR 5202, Feb. 9, 1996; 61
1996; 61 FR 11113, March 18,
Oct. 18, 1996; 70 FR 77743,
FR 66258, Oct. 27, 2010; 77
AUTHORITY
FR 9041,
1996; 61
Dec. 30,
FR 5674,
2015; 81 FR 19416, April 4, 2016; 81 F
c. 14, 2016, unless otherwise noted.
R
March 6,
FR 13616,
2005; 73
Feb. 3,
80798, D
1996; 61 FR 9537,
March 27, 1996; 61
FR 72340, Nov. 28,
2012;
:)v. 16,
80 FR 42352,
2016; 81 FR
12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n
3535(d); Sec. 327,
119 Stat. 3051 (42
2002 Comp., p. 258;
29 U.S.C. 794, 42
Pub.L. 109-115, 119 Stat. 2936; Sec. 607, Pub.L. 109-162,
U.S.C. 14043e et seq.); E.O. 13279, 67 FR 77141, 3 CFR,
and E.O. 13559, 75 FR 71319, 3 CFR, 2010 Comp., p. 273.;
U.S.C. 1437a, 1437c, 1437c-l(d), 1437d, 1437f, 1437n,
3535(d), and Sec. 327, Pub.L. 109-115, 119 Stat. 2936; 42 U.S.C. 3600-3620;
42 U.S.C. 5304(b); 42 U.S.C. 12101 et seg.; 42 U.S.C. 12704-12708; E.O.
11063, 27 FR 11527, 3 CFR, 1958-1963 Comp., p. 652; E.O. 12892, 59 FR 2939■
3 CFR, 1994 Comp., p. 849.
EXHIBIT "S"
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.A. 1701u (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
A. 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.
B. 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.
C. 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.
D. 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).
ADDITIONAL FEDERAL REQUIREMENTS
PAGE x OF 4
EXHIBIT "AFR" I
Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal,
State, and local laws and regulations, including but not limited to the
regulations pertaining to the Community Development Block Grant (24 CFR Part
570) and the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200). All contractors, sub-
contractors, consultants, and sub -consultants agree to comply with, and are
subject to, the following Federal requirements (if applicable):
1. Equal Employment opportunity: Compliance with Executive Order 11246 of
September 24, 1965, entitled "Equal Employment Opportunity", as amended by
Executive Order 11375 of October 13, 1967, and as supplemented in Department
of Labor Regulations (41 CFR chapter 60). The SUBRECIPIENT will not
discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. SUBRECIPIENT will ensure that
all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin. The SUBRECIPIENT
will take affirmative action to ensure that applicants are employed and the
employees are treated during employment, without regard to their race color,
religion, sex, or national origin. Such actions shall include, but are not
limited to, the following: employment, up -grading, demotion, or transfer;
recruitment or recruitment advertising; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
SUBRECIPIENT agrees to post in a conspicuous place, available to employees
and applicants for employment, notices to be provided by the County setting
forth the provisions of this non-discrimination clause;
2. Copeland "Anti -Kickback" Act (18 U.S.C. Section 874 and 40 U.S.C.A. Section
3145): All contracts and subgrants in excess of $2,000 for construction or
repair awarded by recipients and subrecipients shall include a provision for
compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. Section 874), as
supplemented by Department of Labor Regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States") ("ACT") . The Act provides
that each contractor or subrecipient shall be prohibited from inducing, by
any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he is otherwise
entitled. The recipient shall report all suspected or reported violations to
HUD.
3. Davis -Bacon Act, as amended (40 U.S.C.A. Section 3141-3148): When required
by Federal program legislation, all construction contracts awarded by the
recipients and subrecipients of more than $2,000 shall include a provision
for compliance with the Davis -Bacon Act (40 U.S.C.A. Section 3148) and as
ADDITIONAL FEDERAL REQUIREMENTS
PAGE 2 OF 4
EXHIBIT "'AFR"
supplemented by Department of Labor Regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). Under the Davis Bacon Act, contractors shall be
required to pay wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the U.S. Secretary
of Labor. In addition, contractors shall be required to pay wages not less
than once a week. The recipient shall place a copy of the current prevailing
wage determination issued by the U.S. Department of Labor in each solicitation
and the award of a contract shall be conditioned upon the acceptance of the
wage determination. The recipient shall report all suspected or reported
violations to HUD.
1. Contract Work Hours and Safety Standards Act (40 U.S.C.A. 3701-3708): Where
applicable, all contracts awarded by SUBRECIPEINT in excess of $2,000 for
construction contracts and in excess of $2,500 for other contracts that
involve the employment of mechanics or laborers shall include a provision for
compliance with the Contract Work Hours and Safety Standards (40 U.S.C.A.
3701-3708), as supplemented by Department of Labor Regulations (29 CFR Part
5). Under Section 40 U.S.C.A. 3702, each contractor shall be required to
compute the wages of every mechanic and laborer on the basis of a standard
workweek of 40 hours. Work in excess of the standard workweek is permissible
provided that the worker is compensated at a rate of not less than 1 1/2
times the basic rate of pay for all hours worked in excess of 40 hours in the
workweek. 40 U.S.C.A. 3704 is applicable to construction work and provides
that no laborer or mechanic shall be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
2. Rights to Inventions Made Under a Contract or Agreement: Contracts or
agreements for the performance of experimental, developmental, or research
work shall provide for the rights of the Federal Government and the recipient
in any resulting invention in accordance with 37 CFR Part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by HUD.
3. Rights to Data and Copyrights: Contractors and consultants agree to comply
with all applicable provisions pertaining to the use of data and copyrights
pursuant to 48 CFR Part 27.404-3, Federal Acquisition Regulations (FAR).
4. Air Pollution and Control (formally known as the Clean Air Act) (42 U.S.C.A.
7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C.A. Section
1251 et seq.), as amended: Contracts and subgrants of amounts in excess of
$100,000 shall contain a provision that requires the recipient to agree to
comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act (42 U.S.C.A. 7401 et seq.) and the Federal Water Pollution
ADDITIONAL FEDERAL REQUIREMENTS
PAGE 3 OF 4
EXHIBIT "AFR"
Control Act as amended (33 U.S.C.A. Section 1251 et seq.). Violations shall
be reported to HUD and the Regional Office of the Environmental Protection
Agency (EPA) .
5. Anti -Lobbying Certification (31 U.S.C.A. 1352): The language of the
certification set forth in this paragraph below shall be included in all
contracts or subcontracts entered into in connection with this grant activity
and all SUBRECIPIENTS 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. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by 31 U.S.C.A. Section 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000
and no more than $100,000 for such failure.
"The undersigned certifies, to the best of his or'her knowledge or belief,
that:
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;
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, he/she will complete
and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions."
9. Debarment and Suspension (Executive Orders (E.O.) 12549 and 12689): No
contract shall be made to parties listed on the General Services
Administration's List of Parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and 12689,
"Debarmentand Suspension," as set forth at 2 CFR Part 2424. This list contains
the names of parties debarred, suspended, or otherwise excluded by agencies,
and contractors declared ineligible under statutory or regulatory authority
other than E.O. 12549. Contractors with awards that exceed the small purchase
threshold shall provide the required certification regarding its exclusion
status and that of its principal employees.
10. Drug -Free Workplace Requirements: The Anti -Drug Abuse Act of 1988 (41 U.S.C.A.
Section 8101-8103) requires grantees (including individuals) of federal
ADDITIONAL FEDERAL REQUIREMENTS
PAGE 4 OF 4
EXHIBIT "AFR"
agencies, as a prior condition of being awarded a grant, to certify that they
will provide drug -free workplaces. Each potential recipient must certify that
it will comply with drug -free workplace requirements in accordance with the
Act and with HUD's rules at 2 CFR Part 2424.
11. Access to Records and Records Retention: The Consultant or Contractor, and
any sub -consultants or sub -contractors, shall allow all duly authorized
Federal, State, and/or County officials or authorized representatives access
to the work area, as well as all books, documents, materials, papers, and
records of the Consultant or Contractor, and any sub -consultants or sub-
contractors, that are directly pertinent to a specific program for the purpose
of making audits, examinations, excerpts, and transcriptions. The Consultant
or Contractor, and any sub -consultants or sub -contractors, further agree to
maintain and keep such books, documents, materials, papers, and records, on
a current basis, recording all transactions pertaining to this agreement in
a form in accordance with generally acceptable accounting principles. All
such books and records shall be retained for such periods of time as required
by law, provided, however, notwithstanding any shorter periods of retention,
all books, records, and supporting detail shall be retained for a period of
at least four (4) years after the expiration of the term of this Agreement.
10. Federal Employee Benefit Clause: No member of or delegate to the congress of
the United States, and no Resident Commissioner shall be admitted to any
share or part of this agreement or to any benefit to arise from the same.
11. Energy Efficiency: Mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan issued
in compliance with the Energy Policy and Conservation Act (Pub. L. 94 - 163,
Dec. 22, 1975; 42 U.S.C.A. Section 6201, et seq., 89 Stat. 871).
12. Procurement of Recovered Materials (2 CFR 200.322.): A non -Federal entity
that is a state agency or agency of a political subdivision of a state and
its contractors must comply with 42 U.S.C. Section 6962 of the Solid Waste
Disposal Act (42 U.S.C.A. Section 6901, et seq.), as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000
or the value of the quantity acquired by the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA
guidelines.
EXHIBIT A
File No.: 4.LQ.37-19
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
I. GENERAL INFORMATION
CITYNAME: City of La Quinta
ADDRESS: 78-495 Calle Tampico
La Quinta, CA 92253
DUNS#:15 8 2 417 6 5
CITY PROGRAM CONTACTS: Julie Mignogna, Management Specialist or Carley Escarrega,
Management Assistant
SUBRECIPIENTNAME: Bovs & Girls Clubs of Coachella Vallev
ADDRESS: 78-495 Calle Tampico, La Quinta, CA 92253
PHONE: (760) 777-7045 FAX: (760) 777-7155
E-MAIL: Imignogna@la-guinta.org or cescarrega@la-guinta.org
PROJECT NAME: Boys & Girls Club - Coachella Valle
PROJECT LOCATION: 49-995 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: $18 , 216
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 2019-2020 Community Development Block Grant for the Boys
& 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/children 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 6
EXHIBIT A
File No.: 4.LQ.37-19
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 )
CFRReference: 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 Total
per Month Units/Year Unduplicated Persons
Activity #1 10-15 70 70
Unit of Service is defined as: clients served
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ® Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome (select one): Z Availability/Accessibility
❑ 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
Page 2 of 6
EXHIBIT A
File No.: 4.LQ.37-19
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.
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 $I$,2I6. 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).
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
Budget
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
$18,216 $40,000
$58,216
Total Indirect Program $
Expenses
Indirect Costs (Specify)*
TOTAL CIDBG BU 18,216 $40,000
F$58,216
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 6
EXHIBIT A
File No.: 4.LQ.37-19
G. Total Amount of Non- CDBG Leveraging
TYPE SOURCE AMOUNT SOURCE y AMOUNT SOURCE AMOUNT TOTAL
FEDERAL
STATE/LOCAL City of La $40,000
Quinta i
PRIVATE
OTHER
TOTAL: $40,000
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 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).
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;
in. 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.
2. Records Retention:
Page 4 of 6
EXHIBIT A
File No.: 4.LQ.37-19
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.
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 & Inspections:
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, the Single Audit Act, and the Office of Management and Budget (OMB)
Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Costs
Principles, and Audit Requirements for Federal Awards (Uniform Guidance).
Page 5of6
EXHIBIT A
File No.: 4.LQ.37-19
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 Training
July 2019
July 2019
Execute Subrecipient Agreements
September 2019
October 2019
(EDA must approve)
Execute Supplemental Agreement
October 2019
November 2019
& Notice to Incur Cost
Implement Program Activities
July 1, 2019 1
March 31, 2020
City Submit Quarterly
October 15, 2019
April 15, 20202
Performance Reports to County
City submit Monthly
September 2019
March 2020 3
Direct Benefit Reports
City Submits Reimbursement September 2019 April 15, 2020 4
1 The Notice to Incur Cost Letter will provide the specific program implementation date for this
CDBG-funded activity.
2, 3, 4 Submittal of required documentation is determined by the specific benefit period of the CDBG-funded
activity. Confirm performance requirements with CDBG Program Manager.
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
Subrecipient must collect income self -certifications and verifications from every parent or legal
guardian of every child participating in CDBG-funded activities. This includes family income,
family size, and ethnicity. All of this documentation must be submitted to EDA on a monthly
basis.
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 31, 2020, with the City's
final reimbursement request and reports to be submitted no later than April 15, 2020.
Page 6of6
EXHIBIT B
File No.: 4.LQ.38-19
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON-PUBLIC SERVICE)
1. GENERAL INFORMATION
CITYNAME: City of La Ouinta DUNS #: 158241765
ADDRESS: 78-495 Calle Tampico
La Quinta,CA 92253
PROGRAM CONTACTS: Frank Spevacek, City Manager
PHONE: 760-777-7000
E-MAIL: fspevacek@laquintaca.gov
WRA
PROJECT NAME: city of La Quinta ADA Improvements
PROJECT LOCATION: Various Locations throughout the City
LEVEL OF ENVIRONMENTAL CLEARANCE:
CDBG ELIGIBILITY CODE: 570.201 (c )
PROJECT FUNDING SUMMARY: $125,194
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 2019-2020 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
various City -owned public facilities, as well as the
installation of intersection curbs and compliant 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, project
management, and inspection/testing costs.
Page 1 of 6
EXHIBIT B
File No.: 4.LQ.38-19
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 The City of La Quinta will use CDBG funds to pay for costs associated
with the construction of ADA improvements at various City -owned public
facilities, as well as the installation of intersection curbs and compliant
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, project management, and inspection/testing
costs.
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ® 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.
Page 2 of 6
i:►N
File No.: 4.LQ.38-19
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.
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 ]� _ _SLl_94 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).
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
Salaries & Wages
CDBG Granted
Funds
Total of Non-
CDBG Funds
Total Activity/Project
Budget
Notes
$1,000
$1,000
$10,000
$10,000
Architectural/Engineering
Design
$125,194
$125,194
Construction Costs
Acquisition Costs
Relocations Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Indirect Costs:
TOTAL CDBG BUDGET
$125,194
$ 11. 000
$136.194
Page 3 of 6
EXHIBIT B
File No.: 4.LQ.38-19
G. Total Amount of Non- CDBG Leveraging
TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL
FEDERAL
City of
STATE/LOCAL La nta $11,000
u
Q
PRWATE
OTHER
$11,000
TOTAL: $11,000
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 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).
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.
2. Records Retention
Page 4 of 6
EXHIBIT B
File No.: 4.LQ.38-19
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 submssion of the County's anrival 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 & Inspections
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 the Single Audit Act, and the Office of Management and
Budget (OMB) Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative
Requirements, Costs Principles, and Audit Requirements for Federal Awards (Uniform Guidance).
Page 5 of 6
EXHIBIT B
File No.: 4.LQ.38-19
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
Complete Sponsor Training
Implement Project Activities
Execute Supplemental Agreement
& Notice to Incur Cost
Tasks / Milestone
Start Date Completion Date
July 2019 August 2019
Upon Notification from June 2020
EDA
October 2019 November 2019
Start Date Completion Date
Submit Quarterly Performance October 15, 2019 July 1, 2020
Reports to County
Specific Project Activities
1. City executes Supplemental Agreement; receives Authorization to Incur Cost letter
2. City prepares final construction 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 contract
6. City and EDA conduct "pre -construction meeting"
7. EDA authorizes Sponsor to issue "Notice to Proceed"
City Submits Reimbursement As Progress Payments are made to contractor, April 15, 2020
Requests: and other project related costs are incurred. No
less than once a month.
CDBG-funded Project Complete June 30, 2020
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
City is not authorized 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 RFPs and/or construction bid
documents prior to issuing any RFP or notice inviting bids.
Page 6 of 6
COUNTY OF RIVERSIDE
4CEDA
ECONOMIC DEVELOPMENr AGENCY
October 4, 2019
Frank Spevacek, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
File No: 41Q.37-19, 41Q.38-19
RE: SUPPLEMENTAL AGREEMENT FOR THE 2019-2020 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM
Dear Mr. Spevacek:
Enclosed please find two (2) copies of the above referenced Supplemental Agreement for your city's 2019-2020
CDBG program year. This agreement covers the following activities:
4.LQ.37-19 Boys & Girls Club - Coachella Valley $18,216
41Q.38-19 City of La Quinta ADA Improvements $125,194
Upon review of the agreement, please have all copies executed and returned to this office, together with the
following documentation:
1. Your City Council's approval of the Agreement and authorization to execute; (Adopted Resolution and/or
Certified Minute Order);
2. Evidence of Workmen's Compensation Insurance pursuant to Section 14 A of the Supplemental Agreement;
and
3. Original Certificates of Insurance and certified copies of endorsements pursuant to Section 14 D (3) of the
Supplemental Agreement.
Please note: In order for the County to comply with HUD's CDBG program timeliness requirements, your city's
fully -executed agreements and required documentation must be returned to this office no later than forty-five
(45) days from the date of this letter. In the event that the properly executed agreements and documentation are
not received by the deadline date, your city will be in jeopardy of forfeiting your 2019-2020 CDBG funding. The
County will then consider reprograming these funds to other activities within the Urban County program area.
TMOT7715mm,07rverslde. Call[ —or nha ■ 92502 + T: 9 51.95. 916 ■ F! 951.955.E www_rir►r_nPe1,m_r
Administration
Housing
Economic Development
Parking
Aviation
Housing Authority
Edward -Dean Museum
Project Management
Business Intelligence
Information Technology
Environmental Planning
Purchasing Group
Cultural Services
Maintenance
Fair & National Date Festival
Real Property
Community Services
Marketing
Foreign Trade
Redevelopment Agency
Custodial
Graffiti Abatement
Workforce Development
SATenplatesTDA-Ma-Letterhead-Color. doc
A fully -executed Supplemental Agreement will be forwarded to you as well as the authorization to incur costs. Please
be advised that this is not a notice to proceed. The County will not reimburse the City of La Quinta for any
expenditure prior to the issuance of the Authorization to Incur Costs. Furthermore, the County will not issue the
Notice to Proceed until an appropriate representative of the City has completed the online CDBG Subrecipient
training. The training tutorial can be accessed at http://www.rivcoeda.org
Should you have any questions, please contact Nicholas Fonosch at (951) 343-5617.
Sincerely,
Susana Orozco
Principal Development Specialist — CDBG/ESG Programs
n/y
COUNTY OF RIVERSIDE
EDA
ECONOMIC DEVELOPMENT AGENCY
File No.: 41Q.37-19
June 26, 2019
Frank Spevacek, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
RE: COMBINED NOTICE
2019-2020 CDBG FUNDING REQUEST APPROVED
NOTICE OF MANDATORY CDBG SUBRECIPIENT TRAINING
4.LQ.37-19 - Boys & Girls Club - Coachella Valley, $18,216
Dear Sponsor:
We are pleased to notify you that the Riverside County Board of Supervisors has approved a request for CDBG
funding for the activity listed below:
41Q.37-19 - Boys & Girls Club - Coachella Valley, $18,216
Public Services
Low Mod Limited Clientele Income Certification
This project has been included in the County's 2019-2020 One Year Action Plan. The One Year Action Plan has
been submitted to the U.S. Department of Housing and Urban Development (HUD) for review. If approved by
HUD, we anticipate that the effective date of our 2019-2020 One Year Action Plan will be July 15, 2019.
We are in the process of preparing your Sponsor's Agreement for the use of the CDBG funds. Once you receive
your Sponsor's Agreement, you will have forty-five (45) days to have it properly executed and returned to EDA
together with the required documentation.
This is not an authorization to incur costs. Any costs incurred prior to written authorization from EDA may
not be eligible for reimbursement. Furthermore, all CDBG funded activities are subject to HUD approval.
At this time, we are undertaking the required environmental review and administrative actions pertaining to
your activity. Our staff may be contacting you to discuss approved project budgets, project schedules,
performance and outcome measures, national objective reporting, and other necessary items.
P.O. Box 1180
or ■
Administration
Housing
Economic Development
Parking
Aviation
Housing Authority
Edward -Dean Museum
Project Management
Business Intelligence
Information Technology
Environmental Planning
Purchasing Group
Cultural Services
Maintenance
Fair & National Date Festival
Real Property
Community Services
Marketing
Foreign Trade
Redevelopment Agency
Custodial
Graffiti Abatement
Workforce Development
S:\Tcmplates\EDA-006a-Letterhead-Color.doc
Combined Notice - Approved Funding Request/Mandatory Training
June 26, 2019
Page 2
Mandatory Subrecipient Training
As a Subrecipient of the County's 2019-2020 CDBG funding, your organization must have a thorough
understanding of all applicable regulations and requirements of the CDBG program. The U.S. Department of
Housing and Urban Development (HUD) requires the Economic Development Agency to provide training for all
subrecipients of CDBG. To meet this requirement, EDA will be providing CDBG Subrecipient Training at Two
locations: 5555 Arlington Avenue, Riverside 92504, and 44-199 Monroe Street, Indio 92201.
Subrecipients are asked to send those staff members directly working on CDBG funded activities. You will be able
to ask questions and interact directly with EDA staff. There will be a mandatory questionnaire and
acknowledgement at the end of the training to assess your organization's knowledge and understanding of the
material and confirm participation in the training.
Please note: all sub -recipients are required to complete the CDBG training, prior to receiving their 2019-2020
Notice to Incur Cost Letter from the County. The CDBG training is scheduled for the following dates and times.
(Riverside)_5555 Arlington Ave. Riverside 92504
Tuesday, July 23, 2019 9am-1 lam and 1pm-3pm
Thursday, July 25, 2019 9am-llam and 1pm-3pm
Indio,) 44-199_Monroe Street. Indio 92201
Wednesday, July 24, 2019 1oam-12pm and 1pm-3pm
Tuesday, July 30, 2019 1oam-12pm and Ipm-3pm
In addition to the training, all Subrecipients are encouraged to review and understand the applicable provisions
of the Uniform Administrative Requirements, Cost Principals._ and Audit Requirements fQr Federal Awards (2
CFR Part 200) to better carry -out their CDBG-funded activities.
If you have any questions regarding the program process or need additional information, please feel free to
contact Terri Bowen at 760-863-2623. To expedite all future correspondence and inquiries, please refer to the
CDBG File Number located in the upper right corner of this letter.
Sincerely,
Susana Orozco
Principal Development Specialist - CDBG/ESG Programs
COUNTY OF RIVERSIDE
EDA
ECONOMIC DEVELOPMENT AGENCY
June 26, 2019
Frank Spevacek, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
RE: COMBINED NOTICE
2019-2020 CDBG FUNDING REQUEST APPROVED
NOTICE OF MANDATORY CDBG SUBRE:CIPIENT TRAINING
4.LQ.38-19 - City of La Quinta ADA Improvements, $125,194
Dear Sponsor:
J-0 /1, Q .
File No.: 4.LQ.38-19
We are pleased to notify you that the Riverside County Board of Supervisors has approved a request for CDBG
funding for the activity listed below:
4.LQ.38-19 - City of La Quinta ADA Improvements, $125,194
Public Facilities
Low Mod Limited Clientele Presumed
This project has been included in the County's 2019-2020 One Year Action Plan. The One Year Action Plan has
been submitted to the U.S. Department of Housing and Urban Development (HUD) for review. If approved by
HUD, we anticipate that the effective date of our 2019-2020 One Year Action Plan will be July 15, 2019.
We are in the process of preparing your Sponsor's Agreement for the use of the CDBG funds. Once you receive
your Sponsor's Agreement, you will have forty-five (45) days to have it properly executed and returned to EDA
together with the required documentation.
This is not an authorization to incur costs. Any costs incurred prior to written authorization from EDA may
not be eligible for reimbursement. Furthermore, all CDBG funded activities are subject to HUD approval.
At this time, we are undertaking the required environmental review and administrative actions pertaining to
your activity. Our staff may be contacting you to discuss approved project budgets, project schedules,
performance and outcome measures, national objective reporting, and other necessary items.
P.O. Box 1180 • Riverside, California • 92502 • T: 951.955.8916 • F: 951.955.668A
Administration
Aviation
Business Intelligence
Cultural Services
Community Services
Custodial
S:\Templates\EDA-006a-Letterhead-Color.doc
Housing
Housing Authority
Information Technology
Maintenance
Marketing
Economic Development
Edward -Dean Museum
Environmental Planning
Fair & National Date Festival
Foreign Trade
Graffiti Abatement
wwwAvcoeda,,org
Parking
Project Management
Purchasing Group
Real Property
Redevelopment Agency
Workforce Development
Combined Notice - Approved Funding Request/Mandatory Training
June 26, 2019
Page 2
Mandatory Subrecipient Training
As a Subrecipient of the County's 2019-2020 CDBG funding, your organization must have a thorough
understanding of all applicable regulations and requirements of the CDBG program. The U.S. Department of
Housing and Urban Development (HUD) requires the Economic Development Agency to provide training for all
subrecipients of CDBG. To meet this requirement, EDA will be providing CDBG Subrecipient Training at Two
locations: 5555 Arlington Avenue, Riverside 92504, and 44-199 Monroe Street, Indio 92201.
Subrecipients are asked to send those staff members directly working on CDBG funded activities. You will be able
to ask questions and interact directly with EDA staff. There will be a mandatory questionnaire and
acknowledgement at the end of the training to assess your organization's knowledge and understanding of the
material and confirm participation in the training.
Please note: all sub -recipients are required to complete the CDBG training, prior to receiving their 2019-2020
Notice to Incur Cost Letter from the County. The CDBG training is scheduled for the following dates and times.
Riverside 5555 Arlington Ave. Riverside 92504
Tuesday, July 23, 2019 9am-1 lam and 1pm-3pm
Thursday, July 25, 2019 9am-1 lam and 1pm-3pm
(Indio) 44-199 Monroe Street. Indio 92201
Wednesday, July 24, 2019 10am-12pm and 1pm-3pm
Tuesday, July 30, 2019 1oam-12pm and 1pm-3pm
In addition to the training, all subrecipients are encouraged to review and understand the applicable provisions
of the Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Award s (2
CFR Part 200) to better carry -out their CDBG-funded activities.
If you have any questions regarding the program process or need additional information, please feel free to
contact Terri Bowen at 760-863-2623. To expedite all future correspondence and inquiries, please refer to the
CDBG File Number located in the upper right corner of this letter.
Sincerely,
Susana Orono
Principal Development Specialist - CDBG/ESG Programs
City of La Quinta
CITY COUNCIL MEETING: November 20, 2018
STAFF REPORT
PUBLIC HEARING ITEM NO. 1
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE THE CITY'S COMMUNITY
DEVELOPMENT PRIORITIES, AUTHORIZE THE CITY MANAGER TO SUBMIT
APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY
FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND EXECUTE
SUPPLEMENTAL AGREEMENTS FOR FISCAL YEAR 2019/20
RECOMMENDATION
Adopt a resolution to approve the City's community development priorities,
authorize the City Manager to submit applications to the Riverside County
Economic Development Agency for Community Development Block Grant
funds, execute the Supplemental Agreements for Fiscal Year 2019/20; and
allocate $18,216 to the Boys and Girls Club of the Coachella Valley Fee
Waiver/Reduction Program and $103,227 to the City of La Quinta Americans
with Disabilities Act Improvements Project.
EXECUTIVE SUMMARY
• The County of Riverside (County) is currently preparing the 2019/24
Community Development Block Grant (CDBG) Consolidated Plan, as
required by the United States Department of Housing and Urban
Development (HUD).
• CDBG funds programs that revitalize neighborhoods, promote economic
development, and improve community facilities and services.
• The City is eligible to receive approximately $121,443 in CDBG funds in
2019/20; 15% can be used for public service projects and 85% for public
improvement or housing services.
• City -approved grant applications must be sent to the Riverside County
Economic Development Agency (County EDA) no later than December 14,
2018. The exact amount of CDBG funding will be confirmed in the second
quarter of 2019.
FISCAL IMPACT
Upon approval by the HUD and the County, the City will receive an estimated
$121,443 in CDBG funds. The final 2019/20 funding allocation will be based
upon actual funds received. Revenues and expenses will be incorporated in the
2019/20 Budget and tracked in a special revenue fund (210).
135
BACKGROUND/ANALYSIS
The City is a cooperating city of the County's CDBG program and has
participated since 1983. HUD oversees the County's program and the County
distributes annual funding to cooperating cities. The CDBG program requires
that each project/activity meets one of the three national objectives: benefit
low and moderate -income individuals; aid in the prevention or elimination of
slums or blight; or meet a need having a particular urgency.
The County is currently preparing the 2019/24 CDBG Consolidated Plan (Plan).
The Plan is required by HUD as a condition of receiving federal funding. As part
of the Plan update process, the City is required to conduct a Community Needs
Assessment Survey (Survey). The Survey assists in identification of
community, housing, and social needs where future CDBG funding may be of
assistance. As of November 6, 2018, 19 surveys were completed. Based on the
Survey, the community development needs/CDBG funding priorities are public
service needs including youth and senior citizen services, housing, accessibility,
and infrastructure improvements. The Survey information will be provided to
the County to be included in the 2019/24 CDBG Plan.
Public Services
CDBG funding can be used for public services, such as childcare, recreation and
education programs; however, only 15% of the awarded annual allocation may
be designated for public services. The County EDA has a minimum funding
requirement of $10,000. A maximum of $18,216 is anticipated for public
services in 2019/20.
Public Improvements
CDBG funding can be used for public improvements, which include construction,
reconstruction, rehabilitation, and accessibility improvements. Public
improvement funds can be used for facilities and improvements that are
publicly owned or owned by a non-profit agency open to the public. These funds
must be used for improvements that benefit low- and moderate -income
individuals or neighborhoods. A maximum of $103,227 is anticipated for capital
improvements in 2019/20.
CDBG Applications
The City received four applications for CDBG funding (Attachment 1) - the Boys
and Girls Club of the Coachella Valley, the Coachella Valley Housing Coalition,
the Coachella Valley Rescue Mission submitted public service funding requests;
and the City's Engineering Services Division submitted a public improvement -
funding request.
136
Staff recommends awarding the anticipated public service funds of $18,216 to
the Boys and Girls Club and $103,227 to the City's Engineering Services
division. The Boys and Girls Club funding will benefit 231 children who attend;
the public improvement request will fund ADA improvements at City facilities
that benefit individuals with disabilities and those who have low and moderate
income.
Agency and Public Review
A request for applications and notice of funding availability was posted to the
City's website on August 15, 2018. A public notice was published in The Desert
Sun on November 9, 2018, announcing the availability of funds and the public
hearing date.
ALTERNATIVES
Council may allocate funds to an alternate single applicant in each category, or
an alternate combination of applicants and funding amounts in each category.
Council could elect to not approve the recommended community development
needs/CDBG funding priorities or modify the proposed needs/funding priorities
list.
Prepared by: Carley Escarrega, Management Assistant
Approved by: Danny Castro, Design and Development Director
Attachment: 1. Fiscal Year 2019/20 CDBG Summary of Applications
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