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2025 Riverside County - CDBG Supplemental - Amendment 1MEMORANDUM caQ"&a CALIFORNIA - DATE: January 29, 2025 TO: Jon McMillen, City Manager FROM: Carley Escarrega, Administrative Technician RE: Amendment no. 1 to Supplemental Agreement with County of Riverside for FY 2425 CDBG Funds Please list the Contracting Party / Vendor Name, 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 November 21, 2023 - PH 1 Reso 2023-037 ❑ City Manager's signing authority provided under the City's Purchasing & Contracting Policy [Resolution No. 2023-008] for budget expenditures of $50,000 or less. ❑ City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for temporary employment positions. ❑ Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2023-0081 for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must apply): ❑ Bid ❑ RFP ❑ RFQ ❑ 3 written informal bids .❑ Sole Source ❑ Select Source W1 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 July 1, 2024 ❑✓ Amount of Agreement, Amendment, Change Order, etc. End Date $16,466 June 30, 2025 REMINDER: Signing authorities listed above are applicable on the agcrreciate Agreement amount, not individual Amendments or Change Orders! W1 1-1 NOTE: V .❑ Insurance certificates as required by the Agreement for Risk Manager approval Approved by: N/A - Oscar Mojica Date: 2/3/2025 Bonds (originais) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) Business License No. N/A Expires: Requisition for a Purchase Order has been prepared (Agreements over $5,000) File No. 4. LQ.50-24, 4.LQ.51-24 AMENDMENT NO. 1 TO THE SUPPLEMENTAL AGREEMENT FOR THE USE OF 2024-2025 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This AMENDMENT No.I to the Supplemental Agreement ("Amendment No. 1") made and entered this 25th day of FEBRUARY 2025, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, herein called, ("COUNTY"), and the CITY OF LA QUINTA, a California Municipal Corporation and Charter City, herein called ("CITY"). COUNTY and CITY are sometimes referred to herein as "Party" and together as "Parties". WITNESSETH: WHEREAS, the parties hereto are the parties to a certain Supplemental Agreement ("Agreement"), effective November 14, 2024, whereas the CITY elected to participate with COUNTY, under the terms of which certain Community Development Block Grant funds ("CDBG") were allocated to said CITY and designated for a specific use. Said Supplemental Agreement effective November 14, 2024, is incorporated herein by reference and made a part of this Amendment No. 1 as if each and every provision was set forth herein; and WHEREAS, the parties desire to amend said Supplemental Agreement effective November 14, 2024, under the terms of which $160,967 in Community Development Block Grant funds were allocated to said CITY and designated for a specific use; and WHEREAS, COUNTY has additional CDBG funds to grant to CITY, and the Parties desire to amend the Supplemental Agreement to reflect an increase in CDBG funds allocated to CITY in the additional amount of $16,466, for a new total grant amount of $177,433; NOW, THEREFORE, in consideration of the promises and the mutual covenants and conditions hereinafter set forth, said Supplemental Agreement dated November 14 2024, is hereby amended as follows: 1. PURPOSE. Section 2 of said Supplemental Agreement entitled, "PURPOSE," is hereby deleted in its entirety and replaced with the following language: CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $177,433, Community Page I of 4 Development Block Grant, Entitlement Funds as specifically identified in Amended Exhibit "A-2" , which is attached hereto, and by this reference is incorporated herein, for the following project(s)": A. 4. LQ. 50-24 City of La Quinta Miscellaneous ADA Improvement Projects, $153,933. B. 4. LQ. 51-24 City of La Quinta Boys and Girls Clubs of Coachella Valley, $23,500 2. AMENDMENT TO EXHIBIT. Exhibit "A" pages 1 through 6 to said Supplemental Agreement is hereby amended by deleting said Exhibit "A" in its entirety and replacing with "Exhibit A-2- Amended" pages 1 through 6 which is attached hereto and by this reference incorporated herein. 3. ENTIRE UNDERSTANDING. This Amendment No.I to the Supplemental Agreement and the Supplemental Agreement taken together set forth and contain the entire understanding and agreement of the Parties hereto. There are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements, which are not contained or expressly referred to within this Amendment No.I and the Supplemental Agreement. 4. AGREEMENT IN FULL FORCE AND EFFECT Except to the extent specifically amended herein all of the terms, covenants and conditions of said Supplemental Agreement dated November 14, 2024, shall remain in full force and effect between the parties hereto. 5. EFFECTIVENESS OF AMENDMENT. The effective date of this Amendment No.1 to the Supplemental Agreement is the date the parties execute this Amendment. If the parties execute this Amendment on more than one date, then the last date this Amendment is executed by a party shall be the Effective Date. 6. FURTHER ASSURANCES. The Parties agree to execute such other documents and to take such other actions as may be reasonably necessary to further the purpose of this Amendment No.I to the Supplemental Agreement. 7. ELECTRONIC SIGNATURES This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Page 2 of 4 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 parry 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 (h) of Section 1633.2 of the Civil Code. [Remainder of Page Intentionally Blank] [Signatures on Following Page] Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.l to the Supplemental Agreement to be duly executed as of the dates set forth below. COUNTY OF RIVERSIDE, a political subdivision of the State of California BY: L; f Juan rcia, 67 Deputy Director Date: 926�%/-/ APPROVED AS TO FORM: MINH C. TRAN, COUNTY COUNSEL Amrit P. 131 , Deputy County Counsel CITY OF LA QUINTA, a California Municipal Corporation and Charter City BY: cMillen, City Manager Date• w2- Page4of4 EXHIBIT A-2 -AMENDED File No.: 4.LQ.50-24 EXHIBIT A-2 AMENDED SUPPLEMENTAL AGREEMENT SCOPE OF WORK (NON-PUBLIC SERVICE) I. GENERAL INFORMATION CITY NAME: City of La Quinta UEI #: JDZXS2JL8NL1 ADDRESS: 78495 Calle Tampico La Quinta, CA 92253 PROGRAM CONTACTS: John McMillen, City Manager PHONE: 7607777000 FAX: E-MAIL: jmcmillen@laquintaca.gov PROJECT NAME: City of La Quinta Miscellaneous ADA Improvement Project PROJECT LOCATION: Avenida Bermudas and Avenida Navarro, La Quinta, CA 92253 LEVEL OF ENVIRONMENTAL CLEARANCE: CDBG ELIGIBILITY CODE: 570.201 (c) PROJECT FUNDING SUMMARY: $153,933 Project to be administered by County (HWS) on behalf of City: YES ❑ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2024-2025 Community Development Block Grant for the City of La Quinta Miscellaneous ADA Improvement Project in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 The City of La Quinta will use CDBG funds to pay for costs associated with the construction of ADA improvements at various city -owned public facilities, as well as the installation of intersection curbs and compliant sidewalks, all prioritized improvements recommended in the city's ADA Transition Plan report. CDBG funds will be used for design, construction, project management, compliance monitoring, and inspection/testing costs. City of La Quinta Miscellaneous ADA Improvement Project Page 1 of 6 EXHIBIT A-2 -AMENDED File No.: 4.LQ.50-24 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: 570.208 (a)(2)(i)(A) CFR Reference: Low Mod Limited Clientele Presumed C. Levels of Accomplishment — Goals and Performance Measures Activity #1 Implement and complete the design and construction of ADA compliance activities. Activity #2 Design, construction, project management, compliance monitoring, inspection, and related expenses. re ' 1 111111CK�7►� I »l :7 ICI '77._ 1I /:��C�1 �►� 19I`.Y119 3101 �l►`Y�I Objectives (select one): ® Creating Suitable Living Environments ❑ Providing Decent Affordable Housing ❑ Creating Economic Opportunities Outcome (select one): ® Availability/Accessibility ❑ Affordability ❑ Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. Page 2 of 6 EXHIBIT A-2 -AMENDED File No.: 4.LQ.50-24 F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $153,933 Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item CDBG Granted Funds Total of Non- CDBG Funds Total Activity/Project Budget Notes Design/Engineering Costs X Project Administration Costs X Construction Costs X Acquisition Costs Relocations Costs Capital Equipment Costs X Code Enforcement Clearance Interim Assistance Indirect Costs: X TOTAL CDBG BUDGET $153,933 $7,000 $160,933 Page 3 of 6 EXHIBIT A-2 -AMENDED File No.: 4.LQ.50-24 G. Total Amount of Non- CDBG Leveraging TYPE _10 SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL FEDERAL F_ F_ F_ F__� 7-- STATE/LOCAL City funds $7,000 �—F,000$7 PRIVATE I F OTHER _M1 qMV-_ _F__� TOTAL: $7,000 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. C. Documentation and Record Keeping Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: I Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; V. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. Page 4 of 6 EXHIBIT A-2 -AMENDED File No.: 4.LQ.50-24 2. Records Retention The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low -moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after submission of the County's annual performance and evaluation report to HUD. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues. 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits the Single Audit Act, and the Office of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Page 5 of 6 EXHIBIT A-2 -AMENDED File No.: 4.LQ.50-24 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre -approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Completion Date Complete CDBG Training Implement Project Activities Execute Supplemental Agreement & Notice to Incur Cost Tasks / Milestone Submit Quarterly Performance Reports to County County Monitoring of City Program/Performance September 2024 September 2024 Upon Notification from HWS September 2024 January 2025 Start Date Completion Date October 2024 Through June 2025 To be determined by Program Manager Specific Proiect Activities 1. City executes Supplemental Agreement; receives Authorization to Incur Cost letter 2. City prepares final construction documents (incorporating Special Federal Provisions) for HWS review and approval 3. HWS authorizes City to advertise for bids 4. HWS reviews and approves bidding process 5. City awards construction contract 6. City and HWS conduct "pre -construction meeting" 7. HWS authorizes City to issue "Notice to Proceed" City Submits Reimbursement Requests Monthly Submittal ❑ Other Schedule ® To be determined by CDBG Program manager CDBG-funded Project Complete June 30, 2025 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS The City must follow proper procurement and construction policies and procedures of the City and CDBG regulations. Construction shall commence using CDBG funding with a Notice to Proceed. A pre -bid and pre -construction meeting are required. The City must contact the CDBG Program Manager for review before submitting RFP, construction activity, or cost without prior written approval. The County must be contacted 10 (ten) days in advance for attendance of the Pre -Construction meeting. Original signed Certified payrolls are to be submitted on a weekly basis to the HWS-CDBG program manager once construction starts. Page 6 of 6