Loading...
2023-08-07 LQ Ltr to RIVCO re CDBG Cooperation Agrmt FY 2024-27taQa i4 CALIFORNIA - August 7, 2023 Riverside County Housing & Workforce Solutions (HWS) Susana Orozco, Principal Development Specialist 3403 10t" St. Suite 300 Riverside, CA 92501 To Whom It May Concern: This letter is to certify that the La Quinta City Council, at its regular meeting of August 1, 2023, considered the following item as Consent Calendar Item No. 6 on its Agenda (Attachment 1): 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 The City Council approved all Consent Calendar items with the following motion: MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to approve the Consent Calendar as recommended, with Item No. 6 adopting Resolution No. 2023-030. Motion passed — ayes 4, noes - 0, abstain — 0, absent — 1 (Sanchez). The City Council's approval of Consent Calendar Item No. 6 adopted Resolution No. 2023- 030 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. A certified copy of Resolution No. 2023-030 is included as Attachment 2. The staff report and related materials for Consent Calendar Item No. 6 are included as Attachment 3. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 7, 2023, at La Quinta, California. Sincerely, *L, v Monika Radeva, City Clerk City Clerk's Office Enclosures Qa�fra ATTACHMENT 1 ta GEM of the DESERT — City Council agendas and staff reports are available on the City's web page: www.LaQuintaCA._pov CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, AUGUST 1, 2023 3:30 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION Members of the public may listen to this meeting by tuning -in live via http://Iaguinta.12milesout.com/video/live. CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Pena, Sanchez, Mayor Evans PUBLIC COMMENTS - INSTRUCTIONS Members of the public may address the City Council on any matter listed or not listed on the agenda as follows: WRITTEN PUBLIC COMMENTS can be provided either in -person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to CityClerkMail(aD-LaQuintaCA.gov, no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported. If written public comments are emailed, the email subject line must clearly state "Written Comments" and should include: 1) full name, 2) city of residence, and 3) subject matter. VERBAL PUBLIC COMMENTS can be provided in -person during the meeting by completing a "Request to Speak" form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor. CITY COUNCIL AGENDA Page 1 of 7 AUGUST 1, 2023 In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a "Request to Speak" form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments. Verbal public comments are defined as comments provided in the speakers' own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor. Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor. All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City's Internet Web site and any other Internet Web -based platform or other Web -based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.]. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the "Public Comments — Instructions" listed above. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. TELECONFERENCE ACCESSIBILITY — INSTRUCTIONS Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 549531, if a member of the City Council requests to attend and participate in this meeting remotely due to `just cause" or "emergency circumstances, " as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda. CONFIRMATION OF AGENDA CITY COUNCIL AGENDA Page 2 of 7 AUGUST 1, 2023 CLOSED SESSION 1. ANNUAL PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY ATTORNEY RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTION(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the "Public Comments — Instructions" listed above. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS — None CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT 2016-031, LOCATED ON THE EAST SIDE OF JEFFERSON STREET, SOUTH OF AVENUE 50 2. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE FOR BID THE COVE TRAILS PARKING LOT IMPROVEMENTS PROJECT NO. 2022-30 3. APPROVE DEMAND REGISTERS DATED JULY 7, JULY 14, AND JULY 21, 2023 4. APPROVE AMENDMENT NO. 3 TO SOFTWARE AS A SERVICE AGREEMENT WITH TYLER TECHNOLOGIES INC. FOR FINANCE AND HUMAN RESOURCES SOFTWARE SERVICES 5. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH INTERWEST CONSULTING GROUP, INC, FOR ON -CALL BUILDING CODE PLAN REVIEW AND INSPECTION SERVICES, TO INCREASE THE COMPENSATION FOR FISCAL YEAR 2022/23 CITY COUNCIL AGENDA Page 3 of 7 AUGUST 1, 2023 6. ADOPT RESOLUTION TO AUTHORIZE CITY PARTICIPATION IN THE COUNTY OF RIVERSIDE'S URBAN COUNTY PROGRAM FOR FEDERAL FISCAL YEARS 2024-2025, 2025-2026, AND 2026-2027 [RESOLUTION NO. 2023-030] 7. AUTHORIZE OVERNIGHT TRAVEL FOR UP TO SIX EMPLOYEES FROM THE FINANCE AND HUMAN RESOURCES DEPARTMENTS TO ATTEND THE CALPERS EDUCATIONAL FORUM IN LOS ANGELES, CALIFORNIA, OCTOBER 1-4, 2023 BUSINESS SESSION — None STUDY SESSION PAGE 1. DISCUSS REVISIONS TO THE PILLARS OF THE COMMUNITY, DISTINGUISHED ARTISTS, AND DISTINGUISHED ATHLETES AWARD PROGRAMS 2. DISCUSS MARKETING RECAP FOR FISCAL YEAR 2022/23 AND MARKETING STRATEGIES FOR FISCAL YEAR 2023/24 3. DISCUSS IMPERIAL IRRIGATION DISTRICT CONTRACT EXPIRATION AND THE OPTIONS IN MOVING FORWARD THAT ADDRESS AGING EQUIPMENT AND STRESSED POWER GRID; PROVIDE DIRECTION REGARDING THE CITY'S RESPONSE TO THE MARCH 2O23 LOCAL AGENCY FORMATION COMMISSION STUDY; AND APPOINT TWO COUNCIL MEMBERS TO FINALIZE THE COMMENT LETTER PUBLIC HEARINGS — 5:00 p.m. or thereafter For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words). Any person may submit written comments to the City Council prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing. PAGE 1. ADOPT RESOLUTION TO APPROVE PLACEMENT OF PUBLIC NUISANCE ABATEMENT ASSESSMENTS ON THE FISCAL YEAR 2023/24 PROPERTY TAX ROLL [RESOLUTION NO. 2023-031] 2. ADOPT RESOLUTIONS TO ADOPT A MITIGATED NEGATIVE DECLARATION (EA 2022-0001) AND APPROVE GENERAL PLAN AMENDMENT 2022-0002, SPECIFIC PLAN 2022-0001, AND SITE DEVELOPMENT PERMIT 2022-0001 CITY COUNCIL AGENDA Page 4 of 7 AUGUST 1, 2023 FOR A 252-UNIT APARTMENT PROJECT, LA QUINTA VILLAGE APARTMENTS; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT PREPARED A MITIGATED NEGATIVE DECLARATION CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 [RESOLUTION NOS. 2023-032 AND 2023-033] DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY RESOURCES 5. DESIGN AND DEVELOPMENT - QUARTERLY REPORT - APRIL-JUNE 2023 6. FINANCE 7. PUBLIC WORKS - DISCUSS LA QUINTA LANDSCAPE RENOVATION PROJECT 2016-031 TO INCLUDE AN ACTIVITIES PROMENADE; LOCATION: CACTUS FLOWER DEVELOPMENT MAYOR'S AND COUNCIL MEMBERS' ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND SUSTAINABILITY COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. IMPERIAL IRRIGATION DISTRICT - COACHELLA VALLEY ENERGY COMMISSION (Evans) 6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 9. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Evans) 10. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick) 11. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey) 12. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey) 13. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Pena) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 15. CANNABIS AD HOC COMMITTEE (Pena & Sanchez) 16. CVAG PUBLIC SAFETY COMMITTEE (Pena) 17. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Pena) 18. LEAGUE OF CALIFORNIA CITIES - PUBLIC SAFETY POLICY COMMITTEE (Pena) 19. IMPERIAL IRRIGATION DISTRICT - ENERGY CONSUMERS ADVISORY COMMITTEE (McGarrey) 20. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Pena) 21. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick) CITY COUNCIL AGENDA Page 5 of 7 AUGUST 1, 2023 22. SUNLINE TRANSIT AGENCY (Pena) 23. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez) 24. ANIMAL CAMPUS COMMISSION (Sanchez) 25. LEAGUE OF CALIFORNIA CITIES — PUBLIC SAFETY COMMITTEE (Sanchez & Pena) 26. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 27. PALM SPRINGS AIRPORT COMMISSION — MARKETING & BUSINESS DEVELOPMENT COMMITTEE MEETING MINUTES OF JULY 12, 2023 28. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES OF JULY 19, 2023 ADJOURNMENT ********************************* The regular City Council meetings of August 15, 2023, and September 5, 2023, have been cancelled. The next regular meeting of the City Council will be held on September 19, 2023, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City's website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on July 28, 2023. DATED: July 28, 2023 V it MONIKA RADEVA, City Clerk City of La Quinta, California Public Notices • Agenda packet materials are available for public inspection: 1) at the Clerk's Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City's website at www.laquintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)]. • The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at (760) 777-7123, 24- hours in advance of the meeting and accommodations will be made. CITY COUNCIL AGENDA Page 6 of 7 AUGUST 1, 2023 691 693 If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting. *** TELECONFERENCE PROCEDURES — PURSUANT TO AB 2449*** APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT Verbal public comments via Teleconference — members of the public may attend and participate in this meeting by teleconference via Zoom and use the "raise your hand" feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note — members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public. Only one person at a time may speak by teleconference and only after being recognized by the Mayor. ZOOM LINK: https://us06web.zoom.us/m/82540879912 Meeting ID: 825 4087 9912 Or join by phone: (253) 215 — 8782 Written public comments — can be provided in person during the meeting or emailed to the City Clerk's Office at CityClerkMail(a)LaQuintaCA.gov any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk's Office can accommodate such request. CITY COUNCIL AGENDA Page 7 of 7 AUGUST 1, 2023 ATTACHMENT 2 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 Page 2 of 2 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 RESOLUTION NO. 2023-030, EXHIBIT A ADOPTED: AUGUST 1, 2023 1 COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, 2 HOME INVESTMENT PARTNERSHIPS PROGRAM, AND EMERGENCY SOLUTIONS GRANT 3 FOR FISCAL YEARS 2024-25, 2025-26, 2026-27 4 5 This Cooperation Agreement for the Community Development Block Grant, HOME 6 Investment Partnerships Program, and the Emergency Solutions Grant for Fiscal Years 2024-25, 7 2025-26, 2026-27, hereinafter referred to as "Agreement" is made and entered into this 8 day of 2023, by and between the COUNTY OF RIVERSIDE, a political subdivision 9 of the State of California, hereinafter referred to as "COUNTY", and CITY OF LA QUINTA, an 10 incorporated municipality within the geographical boundaries of the COUNTY, hereinafter 11 referred to as "CITY." City and County individually referred to herein as "Party" and collectively 12 as the "Parties." 13 RECITALS 14 WHEREAS, the Housing and Community Development Act of 1974, as amended (42 15 U.S.C.A. § 5301 et seq.) (Public Law 93-383), hereinafter called "ACT", provides that Community 16 Development Block Grant funds hereinafter referred to as "CDBG", may be used for the support 17 of activities that provide decent housing, suitable living environments, and expanded economic 18 opportunities principally for persons of low and moderate -income; and 19 WHEREAS, the HOME Investment Partnerships Act program, hereinafter referred to as 20 "HOME," was enacted as Title II of the National Affordable Housing Act of 1990, for the purposes 21 of. expanding the supply of decent, affordable housing for low and very -low income families with 22 emphasis on rental housing; building State and local capacity to carry out affordable housing 23 programs; and providing for coordinated assistance to participants in the development of 24 affordable low-income housing; and 25 WHEREAS, the Emergency Solutions Grant, hereinafter referred to as "ESG," was 26 authorized by the McKinney-Vento Homeless Assistance Act of 1987 and the Homeless 27 Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009. The objectives 28 of the ESG program are to increase the number and quality of emergency shelters and transitional Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 1 of 16 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 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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 2 of 16 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 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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 3 of 16 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) 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: Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 4 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. 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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 5 of 16 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 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 Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 6 of 16 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 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, Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 7 of 16 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 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; Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 8 of 16 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 (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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 9 of 16 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 10 of 16 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 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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 11 of 16 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 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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 12 of 16 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 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 Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 13 of 16 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 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] Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 14 of 16 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 IN WITNESS WHEREOF, the COUNTY and CITY have executed this Agreement on the date shown below. Date: COUNTY OF RIVERSIDE, a political subdivision of the State of California BY: Heidi Marshall, Director Housing and Workforce Solutions APPROVED AS TO FORM: Minh C. Tran, County Counsel By: Paula S. Salcido, Deputy County Counsel CITY OF LA QUINTA, a charter city BY: ` cMillen, City Manager ATTEST: BY: Monika Radeva, CitVAIerk APPROVED AS TO FORM: BY: � ,. . k William Ihrke, City Attorney Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 15 of 16 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 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 County Counsel By: Deputy, Paula S. Salcido Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 16 of 16 taQa i4 CALIFORNIA - CERTIFICATION OF RESOLUTION NO. 2023-030 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing resolution containing eighteen (18) pages is a full, true and correct copy of Resolution No. 2023-030 of the City of La Quinta entitled: 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 Resolution No. 2023-030 was adopted by the La Quinta City Council on the 1 st day of Auguts, 2023. Dated: August 7, 2023 V MONIKA RADEVA, City Clerk City of La Quinta, California ATTACHMENT 3 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. 51 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 52 RESOLUTION NO. 2023 — XXX 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 1 St day of August, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 53 Resolution No. 2023 — XXX Riverside County Urban County Participation for CDBG, HOME, & ESG Adopted: August 1, 2023 Page 2 of 2 LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 54 RESOLUTION NO. 2023-XXX, EXHIBIT A ADOPTED: AUGUST 1, 2023 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 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 day of 2023, by and between the COUNTY OF RIVERSIDE, a political 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 of the ESG program are to increase the number and quality of emergency shelters and transitional Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 1 of 16 55 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 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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 2 of 16 56 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 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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 3 of 16 57 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) 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: Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 4 of 16 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. 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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 5 of 16 59 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 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 Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 6 of 16 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 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, Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 7 of 16 61 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 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; Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 8 of 16 62 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 (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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 9 of 16 63 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 10 of 16 64 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 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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 11 of 16 65 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 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. Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 12 of 16 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 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 Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 13 of 16 67 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 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] Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 14 of 16 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 IN WITNESS WHEREOF, the COUNTY and CITY have executed this Agreement on the date shown below. Date: COUNTY OF RIVERSIDE, a political subdivision of the State of California BY: Heidi Marshall, Director Housing and Workforce Solutions APPROVED AS TO FORM: Minh C. Tran, County Counsel By: Paula S. Salcido, Deputy County Counsel CITY OF LA QUINTA, a charter city BY: Mayor ATTEST: BY: City Clerk APPROVED AS TO FORM: BY: City Attorney Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 15 of 16 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 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 County Counsel By: Deputy, Paula S. Salcido Cooperation Agreement For CDBG, HOME And ESG Funds 2024-2026 Page 16 of 16 70