2024-27 Riverside County - CDBG Cooperation Agrmt FY 2024-27 AMENDED - LQ Reso 2023-030MEMORANDUM
DATE: September 12, 2023
TO: Jon McMillen, City Manager
FROM: Julie Mignogna, Management Analyst
RE:
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Amendment to 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:
Approved by City Council on August 1, 2023 (Resolution No. 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 aDDlv):
Bid RFP n RFQ [ 3 written informal bids
Sole Source
Select Source U Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
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)
AMENDMENT TO COOPERATION AGREEMENT
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT,
HOME INVESTMENT PARTNERSHIPS PROGRAM, AND EMERGENCY SOLUTIONS
FOR FISCAL YEARS 2024-25, 2025-26, 2026-27
THIS Amendment to the 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 "Amendment to Agreement" is made
and entered into this /J day of ,ern be.r2023, 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."
WHEREAS, COUNTY and CITY entered into that certain Cooperation Agreement for the
Community Development Block Grant for Fiscal Years 2024-25, 2025-26, 2026-27, dated August
7,2023 ; and
WHEREAS, COUNTY and CITY now desire to Amend the Agreement to include
mandatory language that clearly delineates the fair housing and civil rights obligations to which
unban counties and participating jurisdictions are subject.
NOW THEREFORE, the parties agree to amend the Cooperation Agreement for the
Community Development Block Grant, for fiscal years 2024-25, 2025-26, and 2026-27 as follows:
1. COMPLIANCE WITH FEDERAL STATUTES, REGULATIONS AND OTHER
APPLICABLE STATUTES REGULATIONS AND ORDINANCE.
a. COUNTY and CITY agree to cooperate to undertake, or assist in undertaking, community
renewal and lower -income housing assistance activities.
b. COUNTY and CITY agree to take all actions necessary to assure compliance with the
urban county's certification under section 104(b) of Title I of the Housing and Community
Amendment to Cooperation Agreement For CDBG Funds 2024-2026
Page 1 of 5
Development Act of 1974, that the grant will be conducted and administered in conformity
with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR
part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR part 100,
and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively
Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to
be codified at 24 CFR 5.151 and 5.152; and available at
https://www. federalregister.gov/documents/2021/06/10/2021 -12114/restoring-
affirmatively-furthering-fair-housing-definitions-and-certifications.
c. COUNTY and CITY agree to comply with section 109 of Title I of the Housing and
Community Development Act of 1974, and the implementing regulations at 24 CFR part
6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing
regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the
implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the
14 implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban
Development Act of 1968.
d. COUNTY AND CITY agree to comply with other applicable laws.
e. COUNTY AND CITY agree that CDBG urban county funding is prohibited for activities
in, or in support of, any cooperating unit of general local government that does not
affirmatively further fair housing within its own jurisdiction or that impedes the county's
actions to comply with the county's fair housing certification.
2. PROHIBTION OF CDBG FUND TRANSFERS
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 or indirectly 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.
Amendment to Cooperation Agreement For CDBG Funds 2024-2026
Page 2 of 5
3. ELECTRONIC SIGNATURE
Each party of this Amendment to Agreement agrees to the use of electronic signatures,
such as digital signatures that meet the requirements of the California Uniform Electronic
Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this
Agreement. The parties further agree that the electronic signatures of the parties included
in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic signature means an electronic sound, symbol, or
process attached to or logically associated with an electronic record and executed or
adopted by a person with the intent to sign the electronic record pursuant to the CUETA as
amended from time to time. The CUETA authorizes use of an electronic signature for
transactions and contracts among parties in California, including a government agency.
Digital signature means an electronic identifier, created by computer, intended by the party
using it to have the same force and effect as the use of a manual signature, and shall be
reasonably relied upon by the parties. For purposes of this section, a digital signature is a
type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil
Code.
In the event that any signature is delivered by facsimile or electronic transmission, such
signature shall create a valid and binding obligation of the party executing (or on whose
behalf such signature is executed) with the same force and effect as though such facsimile
or electronic signature page were an original thereof.
The Parties may sign in writing or by electronic signature. An electronic signature,
facsimile copy, or computer image of a signature, will be treated, and will have the same
effect as, an original signature, and will have the same effect, as an original signed copy of
this document. This Acknowledgement may be amended or modified only by a written
instrument signed by authorized representatives of both Parties.
4. 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
Amendment to Cooperation Agreement For CDBG Funds 2024-2026
Page 3 of 5
IN WITNESS WHEREOF, the COUNTY and CITY have executed this Amendment to
Agreement on the date shown below.
Date: SeJ2�fm be -- 15i ZDZ�
COUNTY OF RIVERSIDE,
a political subdivision of the
State of California
BY: �
Heidi Marsha , Director
Housing and Workforce Solutions
CITY OF LA QUINTA,
a general law city
SIGNED IN COUNTERPART
Mayor
APPROVED AS TO FORM: ATTEST:
Minh C. Tran, County Counsel
�- BY: SIGNED IN COUNTERPART
By: City Clerk
Paula . Salcido, Deput—Ctnn�Counsel
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
City Attorney
Amendment to Cooperation Agreement For CDBG Funds 2024-2026
Page 4 of 5
IN WITNESS WHEREOF, the COUNTY and CITY have executed this Amendment to
Agreement on the date shown below.
Date:
COUNTY OF RIVERSIDE,
a political subdivision of the
State of California
BY: SIGNED IN COUNTERPART
Heidi Marshall, Director
Housing and Workforce Solutions
APPROVED AS TO FORM:
Minh C. Tran, County Counsel
SIGNED IN COUNTERPART
Paula S. Salcido, Deputy County Counsel
CITY OF
a general law city
BY:
on McMillen, ity Manager
ATTEST:
9/ 15/2023
BY:
. ?ot Monika Radeva, City Clerk
APPROVED AS TO FORM:
B Y :
William H. Ihrke, City Attorney
Amendment to Cooperation Agreement For CDBG Funds 2024-2026
Page 4 of 5
COUNTY COUNSEL CERTIFICATION
The Office of County Counsel of the County of Riverside confirms that the County of
Riverside is authorized to undertake essential community development and housing assistance
activities in its unincorporated areas. if any. which are not units of general local government.
Cooperation Agreements have been executed and written consent and authorization of the
governing body of units of general local governments has been property obtained and provided to
U.S. Department of Housing and Urban Development for City of Beaumont, City of Wildomar,
City of San Jacinto, City of Rancho Mirage, City of Norco, City of La Quinta, City of Eastvale.
City of Desert Hot Springs, City of Coachella, City of Canyon Lake, City of Calimesa, City of
Blythe and City of Banning.
Joint Recipient Agreements have been executed and written consent and authorization of
the governing body of units of general local governments has been properly obtained and provided
to U.S. Department of Housing and Urban Development for City of Murrieta and City of Lake
Elsinore.
The Office of County Counsel of the County of Riverside hereby certifies that the terms
and provisions of the Agreement and Amendment to Agreement are fully authorized under state
and local law and that the Agreement and Amendment to 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.
Minji-C.Tan
County Co sel
By:
Depu , Paula S. Salcido
Amendment to Cooperation Agreement For CDBG Funds 2024-2026
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