2024-27 Riverside County - CDBG Cooperation Agrmt FY 2024-27 LQ Reso 2023-030MEMORANDUM ta Qa�&a
DATE: August 2, 2023
TO: Jon McMillen, City Manager
FROM: Julie Mignogna, Management Analyst
RE: Riverside County Cooperation Agreement for Community Development Block Grant Funds, Home Investment
Partnership Program, and Emergency Solutions Grant Funds for Federal Fiscal Years 2024-25, 2025-26, and
2026-27
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
Jr L Approved by City Council on August 1, 2023 Consent 6 - Resolution 2023-030
❑- City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
❑ Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
❑_ Bid F-1. RFP ❑ RFQ ❑_ 3 written informal bids
❑ Sole Source ❑ Select Source ❑ Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
❑- Agreement payment will be charged to Account No.:
❑ Agreement term: Start Date End Date
❑ Amount of Agreement, Amendment, Change Order, etc.: $
REMINDER; Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
❑ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Date:
❑- Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
❑ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE; Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
❑- Business License No. Expires:
❑_ Requisition for a Purchase Order has been prepared (Agreements over $5,000)
RESOLUTION NO. 2023 — 030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY OF
LA QUINTA TO PARTICIPATE IN THE COUNTY OF
RIVERSIDE'S URBAN COUNTY PROGRAM FOR
FEDERAL FISCAL YEARS 2024-25, 2025-26, AND 2026-27
WHEREAS, the City of La Quinta has elected to participate as unit of local
government (Cooperating City) in the County of Riverside's Urban County Program for
Federal Fiscal Years 2024-25, 2025-26, and 2026-27; and
WHEREAS, the Cooperation Agreement will allow the County and City to carry-
out activities which are funded by Community Development Block Grant (CDBG), Home
Investment Partnership Program (HOME) funds, and Emergency Solutions Grant (ESG);
and
WHEREAS, the Cooperation Agreement will allow the Cooperating City to
participate in the Urban County Consolidated Planning Programs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. The Cooperation Agreement between the County of Riverside and
the City of La Quinta is hereby approved and enclosed hereto as "Exhibit A" and
incorporated by this reference.
SECTION 2. The City Council hereby authorizes and directs the City Manager to
execute the Cooperation Agreement on behalf of the City of La Quinta.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 1st day of August, 2023, by the following vote:
AYES: Councilmembers Fitzpatrick, McGarrey, Pena, and Mayor Evans
NOES: None
ABSENT: Councilmember Sanchez
ABSTAIN: None
Resolution No. 2023 — 030
Riverside County Urban County Participation for CDBG, HOME, & ESG
Adopted: August 1, 2023
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C"
LINDA EVANS, IVTayor
City of La Quinta, California
ATTEST:
MONIKA RADItVA, C Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. 1HRKE, City Attorney
City of La Quinta, California
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RESOLUTION NO. 2023-030, EXHIBIT A
ADOPTED: AUGUST 1, 2023
COOPERATION AGREEMENT
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT,
HOME INVESTMENT PARTNERSHIPS PROGRAM, AND
EMERGENCY SOLUTIONS GRANT
FOR FISCAL YEARS 2024-25, 2025-26, 2026-27
This Cooperation Agreement for the Community Development Block Grant, HOME
Investment Partnerships Program, and the Emergency Solutions Grant for Fiscal Years 2024-25,
2025-26, 2026-27, hereinafter referred to as "Agreement" is made and entered into this 1 i"'1
day of�k 2023, by and between the COUNTY OF RIVERSIDE, apolitical subdivision
of the State of California, hereinafter referred to as "COUNTY", and CITY OF LA QUINTA, an
incorporated municipality within the geographical boundaries of the COUNTY, hereinafter
referred to as "CITY." City and County individually referred to herein as "Party" and collectively
as the "Parties."
RECITALS
WHEREAS, the Housing and Community Development Act of 1974, as amended (42
U.S.C.A. § 5301 et seq.) (Public Law 93-383), hereinafter called "ACT", provides that Community
Development Block Grant funds hereinafter referred to as "CDBG", may be used for the support
of activities that provide decent housing, suitable living environments, and expanded economic
opportunities principally for persons of low and moderate -income; and
WHEREAS, the HOME Investment Partnerships Act program, hereinafter referred to as
"HOME," was enacted as Title II of the National Affordable Housing Act of 1990, for the purposes
of. expanding the supply of decent, affordable housing for low and very -low income families with
emphasis on rental housing; building State and local capacity to carry out affordable housing
programs; and providing for coordinated assistance to participants in the development of
affordable low-income housing; and
WHEREAS, the Emergency Solutions Grant, hereinafter referred to as "ESG," was
authorized by the McKinney-Vento Homeless Assistance Act of 1987 and the Homeless
Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009. The objectives I
I of the ESG program are to increase the number and quality of emergency shelters and transitional I
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housing facilities for homeless individuals and families, to operate these facilities and provide
essential social services, and to help prevent homelessness;
WHEREAS, CDBG regulations require counties to re -qualify as an Urban County under
the CDBG program every three (3) years.
NOW THEREFORE, in consideration of the mutual covenants herein set forth and the
mutual benefits to be derived there from, the parties agree as follows:
1. GENERAL.
(a). This Agreement gives COUNTY authority to undertake, or assist in
undertaking, activities for Fiscal Years 2024-25, 2025-26, and 2026-27, that will be funded from
the CDBG, HOME, and ESG programs and from any program income generated from the
expenditure of such funds. COUNTY and CITY agree to cooperate, to undertake, or to assist in
undertaking, community renewal and lower -income housing assistance activities. COUNTY is
qualified as an "Urban County" under the ACT. CITY, by executing this Agreement, hereby gives
notice of its election to participate in an Urban County's Community Development Block Grant
(CDBG), Home Investment Partnerships Act (HOME), and Emergency Solutions Grant (ESG)
programs, hereinafter referred to as "Urban County Programs".
(b). By executing this Agreement, CITY understands that it may not apply for
grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during
the period in which it participates in the Urban County's CDBG program, and that CITY may only
participate in the HOME program through the COUNTY'S Urban County Programs, not a HOME
consortium. The CITY may also apply for HOME funds from the State of California, if permitted
by the State.
(c). By executing this Agreement, CITY understands that it may only receive a
formula allocation of ESG funds through the COUNTY'S Urban County Programs. The CITY
may also apply for ESG funds from the State of California, if permitted by the State.
2. TERM.
The term of this Agreement shall be for three (3) years commencing on July 1,
2024, and expiring on June 30, 2027, unless an earlier date of termination is fixed by U.S.
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Department of Housing and Urban Development, hereinafter called HUD, pursuant to ACT. This
Agreement shall automatically renew for participation in successive three-year qualification
periods, unless COUNTY and CITY provide written notice it elects not to participate in a new
qualification period. In the event of termination, a notice shall be sent to the HUD Field Office.
Notwithstanding the above, the Parties agree that each Party shall adopt amendments to the
Agreement incorporating changes necessary to meet the requirement for cooperation agreements
set forth in an Urban County Qualification Notice that is applicable for any subsequent three-year
urban qualification period and shall submit such amendment to HUD as provide in the Urban
County Qualification Notice. The Parties agree that failure to comply shall void the automatic
renewal for such qualification periods.
During the term and any successive qualification periods should this Agreement
automatically renew, the terms of this Agreement shall remain in effect until the CDBG funds and
program income received with respect to activities carried out during the three-year qualification
period are expended and the funded activities completed. Furthermore, neither the COUNTY nor
the CITY may terminate or withdraw from this Agreement while it remains in effect.
3. PREPARATION OF FEDERALLY REOUIRED FUNDING
APPLICATIONS.
The County of Riverside Housing and Workforce Solutions, subject to approval of
COUNTY's Board of Supervisors, shall be responsible for preparing and submitting to the U.S.
Department of Housing and Urban Development (HUD), in a timely manner, all reports and
statements required by the ACT and the Federal regulations promulgated by HUD to secure
entitlement grant funding under the CDBG, HOME, and ESG programs. This duty shall include
the preparation and processing of COUNTY Housing, Community, and Economic Development
Needs Identification Report, Citizen Participation Plan, the County Five -Year Consolidated Plan,
One -Year Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER), and
other related programs which satisfy the application requirements of ACT and its regulations.
4. COMPLIANCE WITH FEDERAL STATUTES, REGULATIONS AND
OTHER APPLICABLE STATUTES, REGULATIONS AND ORDINANCES.
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(a) COUNTY and CITY will comply with the applicable provisions of the
ACT and those Federal regulations promulgated by HUD pursuant thereto, as the same currently
exists or may hereafter be amended.
(b) The COUNTY and CITY are hereby obligated to take all actions
necessary to assure compliance with COUNTY's certification regarding affirmatively furthering
fair housing pursuant to Section 104 (b) of Title I of ACT, as amended.
(c) The COUNTY and CITY are hereby obligated to take all actions
necessary to assure compliance with Section 504 of the Rehabilitation Act of 1973 and the Age
Discrimination Act of 1975.
(d) COUNTY and CITY will comply with the applicable provisions of
the following: National Environmental Policy Act of 1969; Title VI of the Civil Rights Act of 1964
and Title VIII of the Civil Rights Act of 1968; the Fair Housing Act; Title 24 Code of Federal
Regulations part 570; Cranston -Gonzales National Affordable housing Act (Public Law 101-625);
Executive Order 11063, as amended by Executive Order 12259; Executive Order 11988; the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42
U.S.C.§4630, et. seq.); Section 109 of Title I of the ACT and implementing regulations at 24 CFR
part 6; the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities
Act; the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975; the
implementing regulations at 24 CFR part 136, and Section 3 of the Civil Rights Act of 1963, as
amended; and other Federal or state statute or regulation applicable to the use of CDBG, HOME
Investment Partnerships Act (enacted as Title II of the National Affordable Housing Act of 1990),
and Emergency Solutions Grant funds.
(e) CITY agrees that the Urban County Program funding for activities in, or in
support of, the CITY are prohibited if CITY does not affirmatively further fair housing within
CITY' S jurisdiction or impedes COUNTY actions to comply with its fair housing certification.
(f) CITY and COUNTY shall meet the citizen participation requirements of 24
CFR 570.301 and provide Urban County Program citizens with all of the following:
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i. The estimate of the amount of CDBG funds proposed to be used for
activities that will benefit persons of low and moderate -income;
ii. A plan for minimizing displacement of persons as a result of
activities assisted with CDBG funds and to assist persons actually displaced as a result of such
activities;
iii. A plan that provides for and encourages citizen participation, with
particular emphasis on participation by persons of low and moderate -incomes, residents of slum
and blighted areas, and of areas in which funds are proposed to be used, and provides for
participation of residents in low and moderate -income neighborhoods;
iv. Reasonable and timely access to local meetings, information, and
records relating to the grantee's proposed use of funds, as required by the regulations of the
Secretary, and relating to the actual use of funds under the ACT;
V. Provide for public meetings to obtain citizen views and to respond
to proposals and questions at all stages of the community development program, including at least
the development of needs, the review of proposed activities and review of program performance.
Meeting shall be held after adequate notice, at times and locations convenient to potential or actual
beneficiaries, and with accommodation for the disabled.
(g). CITY shall develop a community development plan, for the period of this
Agreement, which identifies community development and housing needs and specifies both short
and long-term community development objectives.
(h). CITY certifies, to the best of its knowledge and belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the CITY, to any person 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.
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ii. 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 undersigned shall complete and submit standard Form-LLL, "Disclosure Form to
Report Lobbying", in accordance with its instructions.
iii. The CITY shall require that the language provided in Sections
4(e)(i) and 4(e)(ii) of this Agreement be included in the award documents for all sub -awards at all
tiers (including subcontracts, sub- grants and contracts under grants, loans, and cooperative
agreements) and that all 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.
(iv). In accordance with Section 519 of Public Law 101-144, (the 1990
HUD Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy
prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against
any individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is
enforcing applicable State and local laws against physically barring entrance to, or exit from, a
facility or location which is the subject of such non-violent civil rights demonstrations within its
jurisdiction.
5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES.
The COUNTY's Board of Supervisors have adopted policies and procedures to
ensure efficient and effective administration of the CDBG, HOME and ESG programs. COUNTY
will provide these policies and procedures to CITY within a reasonable time after this Agreement's
commencement date. COUNTY and City agree to comply with these said policies and program
objectives and to take no actions to obstruct implementation of the approved 2024-2029 Five Year
Consolidated Plan and the subsequent Five Year Consolidated Plan.
6. OTHER AGREEMENTS
Pursuant to Federal regulations at 24 CFR 570.501(b), CITY is subject to the same
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requirements applicable to sub -recipients, including the requirement of a written agreement set
forth in Federal regulations at 24 CFR 570.503. For each fiscal year during the term of this
Agreement, COUNTY and CITY shall enter into an additional agreement, commonly known as a
Supplemental Agreement, that will have a term coinciding with a CDBG Program Year and
enumerate the project(s) CITY will implement with its entitlement funds. Said Supplemental
Agreement will set forth the time schedule for completion of said project(s) and any funding
sources, in addition to entitlement funds, that will be used in completing the project(s). If
substantial compliance with the completion schedule, due to unforeseen or uncontrollable
circumstances, cannot be met by CITY, the schedule for the project(s) may be extended by
COUNTY. If COUNY determines that substantial progress toward drawdown of funds is not
made during the term of the Supplemental Agreement, the entitlement funds associated with the
project(s) may be reprogrammed by COUNTY, to other activities as determined by COUNTY,
after COUNTY provides appropriate written notice to CITY. COUNTY's decision not to extend
the completion schedule associated with the project(s), or to reprogram the entitlement funds
associated with the project(s), will not excuse CITY from complying with terms of this Agreement.
7. DETERMINATION OF PROJECTS TO BE FUNDED AND
DISTRIBUTION OF ENTITLEMENT FUNDS.
CITY agrees to submit to COUNTY in writing, no later than the date specified by
COUNTY prior to each program year, the activities that the CITY desires to implement with its
entitlement funds, said designation to comply with statutory and regulatory provisions governing
citizen's participation. Said designation is to be reviewed by the COUNTY's Housing and
Workforce Solutions to determine that the projects are eligible under Federal regulations for
funding and inclusion in the One Year Action Plan of the County's Five -Year Consolidated Plan
and consistent with both Federal and COUNTY policy governing use of Community Development
Block Grant (CDBG) funds.
In the event that CITY fails to submit to COUNTY the identified activities that the
CITY desires to implement with its entitlement funds by the date specified prior to each program
year, the COUNTY may determine the activities to be funded, without consent of the CITY,
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consistent with both Federal and COUNTY policy governing use of Community Development
Block Grant (CDBG) funds.
Consistent with Sections 3, 4, 5, 6, and 7 of this Agreement, COUNTY's Board of
Supervisors will make the final determination of the distribution and disposition of all CDBG
funds received by COUNTY pursuant to the Act.
8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL.
CITY warrants that those officers, employees, and agents, retained by it and
responsible for implementing projects funded with CDBG have received, reviewed, and will
follow the Community Development Block Grant Manual that has been prepared and amended by
COUNTY, which Manual is incorporated herein and made a part hereof by this reference.
9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY
CONSTRUCTED WITH CDBG FUNDS.
When CDBG funds are used, in whole or in part, by CITY to acquire real property
or to construct a public facility, CITY shall comply with the National Environmental Policy Act
of 1969 (42 U.S.C. § 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 (42 U.S.C. § 4630, et seq.), and California Government Code Sections 7260 et seq.,
as those laws may be amended from time -to -time and any Federal or state regulations issued to
implement the aforementioned laws.
In addition, the following is to occur:
(a) Title to the real property shall vest in CITY;
(b) The real property title will be held by or the constructed facility will be
maintained by the CITY for the approved use until five years after the date that the project is
reported as "Completed" within the annual Consolidated Annual Performance and Evaluation
Report
(c) While held by CITY, the real property or the constructed facility is to be
used exclusively for the purpose for which acquisition or construction was originally approved
by COUNTY;
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(d) CITY shall provide timely written notice to COUNTY of any action which
would result in a modification or change in the use of the real property purchased or improved, in
whole or in part, with CDBG or HOME funds from that planned at the time of acquisition or
improvement, including disposition.
(e) CITY shall provide timely written notice to citizens and opportunity to
comment on any proposed modification or change;
(f) Written approval from COUNTY must be secured if the property or the
facility is to be put to an alternate use that is or is not consistent with Federal regulations governing
CDBG funds;
(g) Should CITY desire during the five (5) year period to use the real property
or the constructed facility for a purpose not consistent with applicable Federal regulations
governing CDBG funds or to sell the real property or facility, then:
(i) If CITY desires to retain title, it will have to reimburse either COUNTY
or the Federal government an amount that represents the percentage of current fair market value
that is identical to the percentage that CDBG funds initially comprised to when the property was
acquired or the facility was constructed;
(ii) If CITY sells the property or facility, or is required to sell the property
or facility, CITY is to reimburse the COUNTY an amount that represents the percentage of
proceeds realized by the sale that is identical to the percentage that CDBG funds comprised of the
monies paid to initially 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.
10. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE
OF CDBG FUNDS.
CITY shall inform COUNTY in writing of any income generated by the
expenditure of CDBG funds received by CITY from COUNTY. CITY may not retain program
income so generated. Any and all program income shall be returned to the County and may only
be used for eligible activities in accordance with all CDBG requirements, including all
requirements for citizen participation.
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The COUNTY is required by HUD to monitor and report the receipt and use of all
program income. CITY is required to track, monitor, and report any and all program income as
requested by COUNTY.
11. TERMINATION.
Except as provided for in Section 2, CITY and COUNTY cannot terminate or
withdraw from this Agreement while it remains in effect.
12. NOTICES.
All correspondence and notices required or contemplated by this Agreement shall
be delivered to the respective parties at the addresses set forth below and are deemed submitted
two days after their deposit in the United States mail, postage prepaid:
COUNTY OF RIVERSIDE
Heidi Marshall, Director
County of Riverside HWS
CITY OF
Jon McMillen, City Manager
City of La Quinta
P.O. Box 1528 78-495 Calle Tampico
Riverside, CA 92502 La Quinta, CA 92253
13. AGREEMENT ADMINISTRATION.
The City Manager in the case of the City of La Quinta, and the Director of Housing and Workforce
Solutions, in the case of the County of Riverside, or their designee, shall administer the terms and
conditions of this Agreement for their respective city or county.
14. COOPERATION; FURTHER ACT.
The PARTIES shall cooperate fully with one another, and shall take any additional acts or sign
any additional documents as may be necessary, appropriate or convenient to attain the purpose of
the Agreement.
15. NO THIRD -PARTY BENEFICIARIES.
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This Agreement is made and entered into for the sole protection and benefit of the PARTIES hereto
and shall not create any rights in any third parties. No other person or entity shall have any right
or action based upon the provisions of the Agreement.
16. SECTION HEADINGS.
The Section headings herein are for the convenience of the PARTIES only and shall not be deemed
to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or
language of this Agreement.
17. FORMER AGREEMENTS UTILIZING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS BETWEEN COUNTY AND CITY.
All agreements between CITY and COUNTY regarding the use of CDBG funds for
fiscal years 1975-76 through fiscal years 2023-2024, and any Supplemental Agreements there
under, shall remain in full force and effect. If the language of this Agreement is in conflict or
inconsistent with the terms of any prior said agreements between CITY and COUNTY, the
language of this Agreement will be controlling.
18. INDEMNIFICATION
CITY agrees to indemnify, defend, and hold harmless COUNTY and its authorized
officers, employees, agents, and volunteers from any and all claims, actions, losses, damages,
and/or liability arising from CITY acts, errors or omissions and for any costs or expenses incurred
by COUNTY on account of any claim therefore, except where such indemnifications is prohibited
by law. CITY shall promptly notify COUNTY in writing of the occurrence of any such claims,
actions, losses, damages, and/or liability.
CITY shall indemnify and hold harmless COUNTY against any liability, claims,
losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its
successor that activities undertaken by CITY under the program(s) fail to comply with any laws,
regulations, or policies applicable thereto or that any funds billed by and disbursed to CITY under
this Agreement were improperly expended.
19. COMPLIANCE WITH LAWS AND REGULATIONS.
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By executing this Agreement, the Parties hereby certify that they will adhere to and
comply with all Federal, state and local laws, regulations and ordinances.
20. ENTIRE AGREEMENT.
It is expressly agreed that this Agreement embodies the entire agreement of the
Parties in relation to the subject matter hereof, and that no other agreement or understanding,
verbal or otherwise, relative to this subject matter, exists between the Parties at the time of
I execution.
21. SEVERABILITY.
Each paragraph and provision of this Agreement is severable from each other
provision and in the event any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provision will never the less
continue in full force without being impaired or invalidated in any way.
22. ASSIGNMENT.
CITY shall not make any sale, assignment, conveyance or lease of any trust or
power, or transfer in any other form with respect to this Agreement, or delegate or assign any
interest in this Agreement without prior written approval of the County.
23. INTERPRETATION AND GOVERNING LAW.
This Agreement and any dispute arising hereunder shall be governed by and
interpreted in accordance with the laws of the State of California. This 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 Agreement, all
Parties having been represented by counsel in the negotiation and preparation hereof.
24. WAIVER.
Failure by a Party to insist upon the strict performance of any of the provisions of
this 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 right to insist and demand strict
compliance by the other Party with the terms of this Agreement thereafter.
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25. JURISDICTION AND VENUE.
Any action at law or in equity arising under this Agreement or brought by a Party
hereto for the purpose of enforcing, construing or determining the validity of any provision of this
Agreement shall be filed in the Superior Court of California, County of Riverside, State of
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.
26. AMENDMENTS
No change, amendment, or modification to the Agreement shall be valid or binding
upon CITY or COUNTY unless such change, amendment, or modification is in writing and duly
executed. CITY and COUNTY agree to adopt any necessary amendments to this Agreement to
incorporate changes required by HUD as set forth in the Urban County Qualification Notice.
Amendments must be submitted to HUD as provided in the Urban County Qualification Notice
and failure to do so will void the automatic renewal for such qualification period.
27. PROHIBITION OF CDBG FUND TRANSFER
The CITY may not sell, trade, or otherwise transfer all or any portion of the CDBG
funds to another such cooperating city, metropolitan city, urban county, or Indian tribe, that
directly receives CDBG funds in exchange for any other funds, credits, or non -Federal
considerations. CITY must use the CDBG funds for activities eligible under Title I of the ACT.
28. EMERGENCY SOLUTIONS GRANT FORMULA ALLOCATION
CITY acknowledges that while participating in the COUNTY's Urban County
program, CITY can only receive a formula Emergency Solutions Grant (ESG) allocation from
the Urban County program and only at such times as authorized by the Board of Supervisors. The
CITY and COUNTY may also apply for ESG funds from the State of California, if permitted by
the State.
29. HOME INVESTMENT PARTNERSHIP ACT FORMULA
ALLOCATION
CITY acknowledges that while participating in the COUNTY's Urban County
program, CITY can only receive a formula HOME allocation from the Urban County program
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and only at such times as authorized by the Board of Supervisors. The CITY and COUNTY may
also apply for HOME funds from the State of California, if permitted by the State.
30. AUTHORITY TO EXECUTE.
The persons executing this Agreement or exhibits attached hereto on behalf of the
Parties to this Agreement hereby warrant and represent that they have the authority to execute
this Agreement and warrant and represent that they have the authority to bind the respective
Parties to this Agreement to the performance of its obligations hereunder.
31. INCORPORATION OF RECITALS
The Parties hereby affirm the facts set forth in the recitals above. Said recitals are
incorporated herein and made an operative part of this Agreement.
32. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which, together, shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the COUNTY and CITY have executed this
Agreement on the date shown below.
Date: 8171 Z'o o
COUNTY OF RIVERSIDE,
a political subdivision of the
State of California
BY: 4ts-Vaz&
Heidi Marshal [I Director
Housing and Workforce Solutions
APPROVED AS TO FORM:
Minh C. Tran, County Counsel
�D �� �-A—
By:
Pau . Salcido, Deputy County Counsel
CITY OF LA QUINTA,
a charter city
BY: ,
3 cMillen, City Manager
ATTEST:
BY:
Monika Radeva, Cit -lerk
APPROVED AS TO FORM:
BY: Cam_ r L . c
William Ilirke, City Attorney
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COUNTY COUNSEL CERTIFICATION
The Office of County Counsel of the County of Riverside hereby certifies that the terms
and provisions of this Agreement are fully authorized under state and local law and that the
Agreement provides full legal authority for the COUNTY to undertake, or assist in undertaking,
essential community development and housing assistance activities specifically urban renewal and
publicly assisted housing.
Minh C. Tran
Co ty C'oun el
By; 1.
Deput , Paula S. Salcido
Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026
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CONSENT CALENDAR ITEM NO. 6
City of La Quinta
CITY COUNCIL MEETING: August 1, 2023
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO AUTHORIZE CITY PARTICIPATION IN
THE COUNTY OF RIVERSIDE'S URBAN COUNTY PROGRAM FOR FEDERAL FISCAL
YEARS 2024-25, 2025-26, AND 2026-27
RECOMMENDATION
Adopt a resolution to authorize City participation in the County of Riverside's Urban
County Program for Federal Fiscal Years 2024-25, 2025-26, and 2026-27; approving the
Riverside County Cooperation Agreement for Community Development Block Grant
Funds, Home Investment Partnership Program, and Emergency Solutions Grant Funds
for Federal Fiscal Years 2024-25, 2025-26, and 2026-27; and authorize the City Manager
to execute the agreement.
EXECU +-IVE SUMMARY
• The County of Riverside (County) is currently in the process of applying for Urban
County qualification with the United States Department of Housing and Urban
Development (HUD) for Federal Fiscal Years 2023-24, 2024-25, and 2025-26.
• For the County to participate and receive program funding for the Community
Development Block Grant (CDBG), Home Investment Partnership (HOME), and
Emergency Solutions Grant (ESG) programs, the County must qualify as an Urban
County.
• As part of the HUD application process, the County must have Cooperation
Agreements (Agreement) established with participating cities that cover the Urban
County qualification period.
• The City must enter into an Agreement with the County to be eligible to receive
CDBG funds and to apply for HOME and ESG program funds.
FISCAL IMPACT
There is no fiscal impact associated with approval of the Agreement. Renewing the City's
agreement with the County would provide a three-year revenue source for eligible CDBG
projects.
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BACKGROUND/ANALYSIS
The Housing and Community Development Act of 1974 (Act) funds the CDBG program.
The CDBG program provides grants from HUD to local governments to provide adequate
housing, suitable living environments, and expansion of economic opportunities to
persons of very low, low, and moderate income. The City has participated in the CDBG
program since 1983. The County's Economic Development Agency is in the process of
requalifying as an Urban County with HUD, enabling the County to receive annual CDBG,
HOME, and ESG program funds. The County acts as the intermediary between HUD and
the City in the distribution of CDBG funds.
City participation in the County's CDBG program automatically allows participation in the
HOME and ESG programs. These programs do not require City staff support or funding;
the City acts as a liaison by providing program information to interested residents.
Key provisions of the Agreement include:
➢ City and County are obligated to take all actions necessary to assure compliance
with all applicable federal statutes.
➢ City develops a Community Development Plan for the term of the Agreement.
➢ City must follow the approved Citizen Participation Plan.
➢ City certifies there is no undue influence in the appropriation of granted CDBG
funds.
➢ The City cannot opt out of the CDBG program during the Agreement period.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
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