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2019-20 Riverside County - CDBG Supplemental AmendmentRevised May 2017 M E M O R A N D U M TO: Jon McMillen, City Manager FROM: Julie Mignogna, Management Analyst DATE: May 15, 2020 RE: Amendment to Supplemental Agreement for the 2019/2020 CDBG Program for additional City of LQ Misc. ADA Improvements funding in the amount of $48,673; this increases the total CDBG funding amount to $192,083. 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.: $48,673 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 required documents are attached to the agreement: N/A Insurance certificates as required by the agreement (approved by Risk Manager on _____________ date) N/A Performance bonds as required by the agreement (originals) N/A City of La Quinta Business License number ________________________ N/A A requisition for a Purchase Order has been prepared (amounts over $5,000) Page 2 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. 4.LQ.37-19 Boys & Girls Club – Coachella Valley $18,216 B. 4.LQ.38-19 City of La Quinta ADA Improvements $173,867 2. AMENDMENT TO EXHIBIT “B”. Exhibit “B” to the Agreement entitled, “General Information” and “Scope of Services” are hereby deleted in their entirety and replaced with the Amended General Information and Scope of Services attached hereto as Attachment No. 1 and incorporated herein by this reference. 3. ENTIRE UNDERSTANDING. This Amendment and the Agreement set forth and contain the entire understanding and agreement of the Parties hereto. There are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements, which are not contained or expressly referred to within this Amendment and the Agreement. 4. AGREEMENT IN FULL FORCE AND EFFECT. Except as otherwise expressly modified herein, all other terms and conditions of the Agreement remain unmodified and in full force and effect. 5. EFFECTIVENESS OF AMENDMENT. The effective date of this Amendment is the date the parties execute this Amendment. If the parties execute this Amendment on more than one date, then the last date this Amendment is executed by a party shall be the Effective Date. 6. FURTHER ASSURANCES. The Parties agree to execute such other documents and to take such other actions as may be reasonably necessary to further the purposes of this Amendment. SIGNATURES ON FOLLOWING PAGE Page 4 of 10 ATTACHMENT 1 EXHIBT B - AMENDED (BEHIND THIS PAGE) Page 5 of 10 Exhibit B 4.LQ.38-19 SUPPLEMENTAL AGREEMENT SCOPE OF WORK (NON-PUBLIC SERVICE) I. GENERAL INFORMATION CITY NAME: City of La Quinta DUNS #: 158241765 ADDRESS: 78-495 Calle Tampico La Quinta, CA 92253 PROGRAM CONTACTS: Jon McMillen, City Manager PHONE: 760-777-7000 FAX: E-MAIL: jmcmillen@laquintaca.gov 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: $173,867 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 6 of 10 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 7 of 10 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 $173,867 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 CDBG Granted Funds Total of Non- CDBG Funds Total Activity/Project Budget Notes Salaries & Wages $1,000 $1,000 Architectural/Engineering Design $10,000 $10,000 Construction Costs $173,867 $173,867 Acquisition Costs Relocations Costs Capital Equipment Costs Code Enforcement Clearance Interim Assistance Indirect Costs: TOTAL CDBG BUDGET $173,867 $11,000 $184,867 Page 8 of 10 G. Total Amount of Non- CDBG Leveraging TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL FEDERAL STATE/LOCAL City of La Quinta $11,000 $11,000 PRIVATE OTHER 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; iii. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; iv. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; v. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. Page 9 of 10 2. Records Retention The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low-moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after submission of the County’s annual performance and evaluation report to HUD. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues. 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County’s or City’s responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City’s obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & 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 10 of 10 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 Sponsor Training July 2019 August 2019 Implement Project Activities Upon Notification from June 2020 EDA Execute Supplemental Agreement October 2019 November 2019 & Notice to Incur Cost Execute Amended Supplemental May 2020 June 2020 Agreement Submit Quarterly Performance October 15, 2019 August 31, 2020 Reports to County City Submits Reimbursement June 15, 2020 August 31, 2020 Requests CDBG-funded Project Complete August 31, 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 bi dding 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. 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” PROOF OF ACCEPTANCE (ELECTRONIC) PRODUCED DATE: 06/27/2020 CITY OF LA QUINTA: The following is information for Certified Mail™/RRE item number: 9214 8901 8804 0800 0272 70 Our records indicate that this item was accepted by the USPS at: ORIGIN ACCEPTANCE LA QUINTA,CA 92253 06/26/2020 ORIGINAL INTENDED RECIPIENT: COUNTY OF RIVERSIDE CDBG PROGRAM ATTN: JOHN THURMAN 3403 10TH ST STE 300 RIVERSIDE CA 92501-3659 The above information represents information provided by the United States Postal Service.