CC Resolution 2016-034RESOLUTION NO.2016 - 034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING A SUPPLEMENTAL
AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE
USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR AMERICANS WITH DISABILITES ACT IMPROVEMENTS
AT VARIOUS CITY OWNED PARKS AND PUBLIC SERVICE
FUNDS FOR THE BOYS AND GIRLS CLUB OF THE
COACHELLA VALLEY — LA QUINTA UNIT.
WHEREAS, the Community Development Block Grant funds for Fiscal Year
2015/16 is identified to be $125,755; and,
WHEREAS, the City of La Quinta must submit to the County of Riverside
Economic Development Agency a signed Supplemental Agreement to utilize the
Community Development Block Grant Funds and,
WHEREAS, the use of the Community Development Block Grant Fund was
openly discussed and considered by the City Council at their regular meeting on
December 1, 2015; and,
WHEREAS, on December 1, 2015, by a majority vote of the City Council of the
City of La Quinta, California, the following proposal(s), were selected:
PROJECT NAME
1. Miscellaneous Parks ADA
Improvements
2. Fee Waiver/Reduction Program
SPONSOR AMOUNT
City of La Quinta $105,634
Coachella Valley $ 20,121
Boys and Girls Club
La Quinta Unit
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. That the City of La Quinta does hereby approve the Supplemental
Agreement (Exhibit A) for the use of Community Development Block Grant Funds for
Fiscal Year 2016/17 for the above names project(s).
SECTION 2. That the City Council hereby directs the City Manager to disperse the
funding amounts in accordance with the programming procedures of the Community
Development Block Grant program.
Resolution No. 2016-034
Community Development Block Grant - Supplemental Agreement
Adopted: August 2, 2016
Page 2 of 2
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 2nd day of August 2016, by the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City CleV
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
EXHIBITI A
9
10
11
File No.: 4.LQ.26-16 and 4.LQ.27-16
SUPPLEMENTAL AGREEMENT FOR THE USE OF
2016-2017 COMMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Supplemental Agreement ("Agreement") is entered into this day of
j 2016, by and between the COUNTY OF RIVERSIDE, a political subdivision
of the State of California, herein called, "COUNTY," and the CITY OF LA QUINTA, herein
called "CITY." COUNTY and CITY are collectively referred to as "Parties" and individually as
1. "Party."
The COUNTY and CITY mutually agree as follows:
1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated
12 July 15, 2015 ("Cooperation Agreement"), whereby CITY elected to participate with COUNTY,
13 which has qualified as an "Urban County' for purposes of receiving Community Development
14 Block Grant (CDBG) funds ("CDBG"), and to assist and undertake essential community
15 development and housing assistance activities pursuant to the Housing and Community
16, Development Act of 1974, Title 1, as amended, Public Law 93-383 hereinafter referred to as
17 "Act." Said. Cooperation Agreement, dated July 15, 2015, is incorporated herein by reference and
18 made a part of this Agreement as if each and every provision was set forth herein.
19 , 2. PLTRF(E CITI' promises and agrees to undertake and assist with the
20 community development activities, within its jurisdiction, by utilizing the sum of $125,755,
21 CDBG Entitlement Funds, as specifically identified in Exhibit(s) A and B ,attached hereto, and
22 are incorporated herein by this reference, for the following project(s) (collectively, the
23
24
25
26
27
28
"Projects"):
A. 4.LQ.26-16 City of La Quinta ADA Improvements $105,634
B. 4.LQ.27-16 Boys and Girls Club - Coachella Valley $20,121
3. TERM OF AGREEMENT. The term of this Agreement for the
implementation of the Project(s) shall be for a period of one (1) year from July 1, 2016 to
Page 1 of 20
1
2
3
4
5
6.
7
8
9
10
11
termination on June 30, 2017. City shall proceed consistent with the completion schedule set
forth in Exhibit(s) A and B, attached hereto and incorporated herein. In the event the Project(s)
are not substantially completed by the time set forth in the applicable completion schedules due
to a force majeure event (See Section 24 below), the COUNTY may consider extending the
schedule for the completion of the project(s). Times of performance for other activities may also
be extended in writing by COUNTY. If substantial progress toward completion in conformance
with the completion schedule, as determined by COUNTY in its discretion, of the project(s) are
not made during the term of this Supplemental, Agreement, COUNTY may suspend or terminate
this Supplemental Agreement pursuant to the termination procedures set forth in the section
titled "Termination," and the entitlement funds associated with the Project(s) may be
reprogrammed by the COUNTY after appropriate notice is provided to the City.
12 4. DISPOSITION OF FUNDS.
13 A. COUNTY's Board of Supervisors shall determine the final disposition and
14 distribution of all funds received by COUNTY under the Act consistent with Sections 2 and 3 of
15 this Supplemental Agreement. COUNTY, through its Economic Development Agency, shall
16 make payment of the CDBG funds to CITY as set forth in. the attached Exhibit(s) A and B. It is
17 the CITY's responsibility to monitor all project activities set forth in the attached Exhibit(s) A
18 and B, and to ensure compliance with applicable federal regulations and the terms of this
19 Supplemental Agreement.
20 B. CITY shall comply with timely drawdown of CDBG Entitlement funding
21 by expeditiously implementing and completing the COUNTY -approved, CDBG-funded Projects.
22 CITY acknowledges that CITY's drawdown performance directly impacts the COUNTY's
23 ` overall program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January
24 31, 2017, exceeds one hundred and seventy-five percent (175%) of the CITY's 2016-2017
s
25 CDBG allocation, the COUNTY may, in its sole discretion, take the necessary administrative
26 actions to reduce the CITY's CDBG fund balance. Necessary actions include, but are not limited
27 to, reprogramming the excess CDBG fund balance to other eligible activities as selected by
28
(I Page 2 of 20
I COUNTY. COUNTY may, in its sole and absolute discretion, authorize CITY in writing, prior
2 ' to January 31, 2017, to'exceed the CDBG fluid balance requirement.
3, C. CITY shall comply with timely drawdown of CDBG funds by submitting
4 monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All
5 disbursements of CDBG funds will be on a reimbursement basis and made within thirty (30)
6 days after the COUNTY has received the CITY's reimbursement request including
7 documentation supporting expenditures.
8; D. All authorized obligations incurred in the performance of the
9 'Supplemental Agreement for projects eligible under the following CDBG regulations must be
10 reported in writing- to COUNTY no later than 'une 4.2017:
11. ; 1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)]
12 2. Clearance Activities [24 CFR 570.201 (d)]
13 3. Interim Assistance [24 CFR 570.201 (f)]
14. 4. Code Enforcement [24 CFR 570.202 (e)]
15' All public service activities [24 CFR .570.201 (e)] and other eligible activities under this
16 Supplemental Agreement must be implemented, completed, and obligations reported in writing
17 to the COUNTY by the CITY no later than the completion- schedules set forth in the attached
18, Exhibits to this Supplemental Agreement. "CFR" as used herein refers to the Code of Federal
19. Regulations.
20 5. COOPERATION WITH_HOUS`TNCa ACTi'ITLE CITY shall cooperate with
Zl COUNTY in undertaking essential community development and housing assistance activities;
22 I.specifically urban renewal and public assistance housing, and shall assist COUNTY in
23 ;implementing and undertaking the goals and strategies identified in the 2014-2019 Five Year.
24 Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community
25 Development Block Grant Program.
26 6. LEAD AGENCY..... FOR_ fOMPI IANCE._ WITH. --..THE _ CALIFORNIA,
27 EN 11RONMENTAL ;QUALITY ACT (CEOA-� Pursuant to Section 15051(d) of Title 14 of the'
28
II Page 3 of 20
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
California Administrative Code, the CITY is designated as the lead agency for the projects that
are the subject matter of this Supplemental Agreement.
7. HOLD HARMLESS AND IND MN1171CATION'. In. contemplation of the
provisions of Section 895.2 of the California Government Code imposing certain tort liability
jointly upon public entities solely by reason of such entities being parties to an agreement as
defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in
Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages
including, but not limited to, claims, demands, losses, liabilities, costs and expenses including
reasonable attorneys' fees, resulting from the negligent or wrongful acts or omissions of their
employees or agents in the performance of this Agreement, and each Party shall indemnify,
defend and hold. harmless the other Parties from such claims, demands, damages, losses or
liabilities for their negligence
8. INSURANCE. Without limiting or diminishing the CITY obligation to
indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be
I maintained, at its sole cost and expense, the following insurance coverage's during the term of
! this Agreement.
a. Workers' C:pr�eiisation:
If the CITY has employees as defined by the State of California, the CITY shall
maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of
the State of California. Policy shall include Employers' Liability (Coverage B) including
Occupational Disease with limits not less than $1,000,000 per person per accident. The policy
shall be endorsed to waive subrogation in favor of the County of Riverside.
b. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to,
premises liability, contractual liability, products and completed operations liability, personal and
advertising injury, and cross liability coverage, covering claims which may arise from or out of
Page 4 of 20
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
CITY'S performance of its obligations hereunder. Policy shall name the County of Riverside as
Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence
combined single limit. If such insurance contains a general aggregate. limit, it shall apply
separately to this agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations
under this Agreement, then CITY shall maintain liability insurance for all owned, non -owned or
hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single
'limit: If such insurance contains a general aggregate limit, it shall apply separately to this
agreement or be no less than two (2) times the occurrence limit. Policy shall name the County of
Riverside as Additional Insured.
d. General Insurance Provisions - All lines:
(i). Any insurance carrier providing insurance coverage hereunder,
.shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII
I (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the
County's Risk Manager waives a requirement for a particular insurer such waiver is only valid
for that specific insurer and only for one policy term.
(ii). The CITY'S insurance carrier(s) must declare its insurance self-.
.insured- retentions. If such self -insured retentions exceed. $500,000 per occurrence such
retentions shall have the prior written consent of the County Risk Manager before the
22 commencement of operations under this Agreement. Upon notification of self -insured retention
23 unacceptable to the COUNTY, and at the election of the Country's Risk Manager, CITY'S
24 carriers shall either; 1) reduce or eliminate such self -insured retention as respects this Agreement
25 1with the COUNTY, or 2) procure a bond which guarantees payment of losses and related
26 investigations, claims administration, and defense costs and expenses.
27
28
Page 5 of 20
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
(iii). CITY shall cause CITY'S insurance can-ier(s) to furnish the
County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and
certified original copies of Endorsements effecting coverage as required herein, and 2) if
requested to do so orally or in writing by the County Risk Manager, provide original Certified
copies of policies including all Endorsements and all attachments thereto, showing such
insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall
contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given
to the County of Riverside prior to any material modification, cancellation, expiration or
reduction in coverage of such insurance. In the event of a material modification, cancellation,
expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County
of Riverside receives, prior to such effective date, another properly executed original Certificate
of Insurance and original copies of endorsements or certified original policies, including all
endorsements and attachments thereto evidencing coverage's set forth herein and the insurance
required herein is in full force and effect. CITY shall not commence operations until the
,COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of
endorsements and if requested, certified original policies of insurance including all
endorsements and any and all other attachments as required in this Section. An individual
authorized by the insurance carrier to do so on its behalf shall sign the original endorsements
each policy and the Certificate oflnsurance.
(iv). It is understood and agreed to by the parties hereto that the CITY'S
insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or
deductibles and/or self -insured retention's or self -insured programs shall not be construed as
contributory.
(v). If, during the tern of this Agreement or any extension thereof,
there is a material change in the scope of services; or, there is a material change in the equipment
to be used in the performance of the scope of or, the term of this Agreement, including any
Page 6 of 20
I
2
3
Iextensions thereof, exceeds -five (5) years, the COUNTY reserves the right to adjust the types of
insurance required under this Agreement and the monetary limits of liability for the insurance
coverage's currently required Herein, if; in the County Risk Manager's reasonable judgment, the
4,
amount or type of insurance carried by the CITY has become inadequate.
5 (vi). CITY shall pass down the insurance obligations contained herein
6 :to all tiers of subcontractors working under this Agreement.
7 (vii). 'The `insurance requirements contained in this Agreement may be
8 met with a program(s) of self-insurance acceptable to the COUNTY.
9 viii . CITYagrees ees to notify COUNTY of an claim b a third or
( ...) � Y Y Y party
10
any incident or event that: may give rise to a claim arising from the performance of this
11
Agreement.
12
9. RECORDS AND INSPECTIONS.
13
A. CITY shall establish and maintain financial, programmatic, statistical, and
14
other supporting records of its operations and financial activities in accordance with the Uniform
15
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
16
CFR 200.333), and 24 CFR Part 84 and 85, as amended, and 24 CFR Section 570.502 (a), as
17
-they relate to the acceptance and, use of federal funds under this Agreement. Said records shall be
18
retained for a period of four (4) years from the. date that the activity or program funded with the
19
CDBG Grant is closed out by the COUNTY and reported as complete in the Comprehensive
20.
Annual Performance and Evaluation Report (CAPER). Exceptions to the four (4) year retention
21;
period requirement, pursuant to 2 CFR 200.333 include the following:
22
i. if any litigation, claim, or audit is started prior to the expiration of
23
the four (4) year period;
24
ii. when the CITY is notified in writing by the COUNTY, HUD, or
25
other Federal agency to extend the retention period;
26
iii. records for real property and equipment acquired with CDBG
27
funds must be retained, for four (4) years after final disposition;
28
Page 7 of 20
1 iv. when the records are transferred by the CITY to the COUNTY,
2 HUD, or other Federal agency, the four (4) year period is not applicable.
3 B. CITY shall obtain an external audit. in accordance with the Uniform
4 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
5 CFR 200.500). Audits shall usually be performed annually but not less frequently than every two
6 years. Nonprofit institutions and government agencies that expend less than $750,000 a year in
7 Federal awards are exempt from Federal audit requirements, but records must be available for
8 review by appropriate officials of the Federal grantor agency or subgranting entity. The audit
9 report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal
10
year.
11
12:
13
C. CITY shall maintain a separate account for the CITYS CDBG Entitlement
funds received as set forth in Exhibit(s) A and B, attached hereto.
D. Pursuant to 2 CFR 200.336, CITY shall, during the normal business hours,
14.. make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD),
15 or other authorized representative, for the examination and copying, all of its records and other
16 materials with respect to matters covered by this Agreement and provide reasonable access to
17 CITY staff for the purpose of interview and discussion related to the records and documents.
18 E. CITY shall not retain any program income as defined in 24 CFR 570.500
19 ;570.500. Said program income shall be used only for the activities that are the subject of this
20 Agreement. Further, all provisions of this Agreement shall apply to such activities.
21 F. The CITY shall ensure that at least fifty-one percent (51%) of the persons
22 . benefiting from all CDBG-funded activities or projects designated as serving limited clientele
23 [24 CFR 570.208(a)(2)(i)] are of low and moderate -income and meet the applicable household
24 income guidelines. The CITY shall provide the required income certification and direct benefit
25 documentation, in writing, to the COUNTY pursuant to the reporting requirement of each
26 activity as set forth in Exhibit(s) A and B, attached hereto. In the event that CITY engages the
27 services of a sub -contractor to implement CDBG-funded activities, the CITY must collect, in
28
Page 8 of 20
writing, all required income certification and direct benefit documentation from subcontractors:
prior to submittal to the COUNTY pursuant to the reporting requirement of each activity as set
forth in Exhibit(s) A and B, attached hereto.
10. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal,
state, and local laws, regulations, and ordinances and any amendments thereto and the federal
regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY
is to comply with those regulations found in the Uniform Administrative Requirements, Cost
Principles; and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84
and 85, as amended, or any subsequent replacement. CITY is to abide by the provisions of the
Community Development Block Grant Manual, prepared by COUNTY and cited in the above
mentioned Cooperation Agreement. CITY shall comply, if applicable, with Section 3 of the
Housing & Urban Development Act of 1968, as amended, attached hereto as Exhibit "S". and
incorporated herein by this reference. CITY shall also comply with the provisions of.24 CFR
570.200 (j), attached hereto as Exhibit "R," and incorporated herein by this reference,. pertaining
to inherently, religious activities.
11. INDEPENDENT CONTRACTOR. The CITY is, for purposes relating to this
Supplemental Agreement, an independent contractor and shall not be deemed an employee of the
COUNTY. It is expressly understood and agreed that the CITY (including its employees, agents
and subcontractor's) shall in no event be entitled to any benefits to which the COUNTY
employees are entitled, including but not limited to overtime, any retirement benefits,, worker's
compensation benefits- and injury leave or other leave benefits. There shall, be no employer -
employee relationship between the parties; and the CITY shall hold the 'COUNTY harmless from
any and all claims that may be made against the COUNTY based upon any contention by a third
party that an employer -employee relationship exists by reason of this Supplemental Agreement.
It is further understood and agreed by the .parties, that the CITY in the performance of this
Supplemental Agreement is subject to the control or direction of the COUNTY merely as to.the
results to be. accomplished and not as to the means and methods for accomplishing the results.
Page 9 of 20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
12. TER.MINTATION.
A. CITY. CITY may not terminate this Agreement except upon express
written consent of COUNTY, pursuant to 2 CFR 200.339 (a)(3).
B. COUNTY. Notwithstanding the provisions of Paragraph 12a above,
COUNTY may suspend or terminate this Supplemental Agreement upon a ten (10) day written
notice to CITY of action being taken and the reason for such action including, but not limited to,
following reasons:
(1) In the event CITY fails to perform the covenants herein contained
at such times and in such manner as provided in this Supplemental Agreement; and
(2) In the event there is a conflict with any federal, state or local law,
i
ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement
invalid or untenable; or
(3) In the event the fielding from the Department of Housing and
Urban Development referred to in Sections 1 and 2 above is terminated or otherwise becomes
unavailable.
16 C. This Agreement may be terminated and/or funding suspended, in whole or
17 : in part, for cause in accordance with the Uniform Administrative Requirements, Cost Principles,
18 and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be based on the
19 ' failure of the CITY to materially comply with either the terms or conditions of this Agreement.
20 i rUpon suspension of funding, the CITY agrees not to incur any costs related thereto, or connected
21 :with, any area of conflict from which the COUNTY has determined that suspension of funds is
22 necessary. CITY acknowledges that failure to comply with Federal statutes, regulations, or the:
23 terms and conditions of this Agreement may be considered by the COUNTY in evaluating future
24 ` <CDBG and non-CDBG funding applications submitted by CITY.
25 D. Upon suspension or termination of this Supplemental Agreement, CITY
26 shall return any unencumbered funds which it has been provided by COUNTY. In accepting said
27 funds, COUNTY does not waive any claim or cause of action it may have against CITY for
28
11 Page 10 of 20
1''
2
3
4
5
6,
7
8
9
1.0
11
12
13
breach of this Supplemental Agreement.
E. Reversion of Assets
1. Upon expiration or termination of this Supplemental Agreement,
1 the CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of
I the Supplemental Agreement as well as any accounts receivable held by CITY which are
1. attributable to the use of CDBG funds awarded pursuant to this Supplemental Agreement.
2. Any real property under the CITY'S control that was acquired or
in whole or in part with CDBG funds (including CDBG funds provided to the CITY in
the form of a loan) in excess of $25,000 is either:
(i) Used to meet one of the National Objectives pursuant to 24
CFR 570.208 until five years after expiration of this agreement, or for such longer period of time
as determined to be appropriate by the COUNTY; or
(ii) Not used in accordance with Clause (i) above, in which
14 event the CITY shall pay the COUNTY an amount equal to the current market value of the
15 property less any portion of the value attributable to expenditures of non-CDBG funds for the
16 acquisition of, or improvement to, the property.
17 13. NONDISCRIMINATION. CITY shall abide by 24 CFR 570.601 and 570.602 of
18 :Title 24 of the Code of Federal -Regulations which requires that no person in the United States
19 shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be
20 ' ,denied the benefits of, or be subjected to discrimination under any program or activity funded in
21 whole or in part with Community Development funds. CITY shall abide by and include in any
22 subcontracts to perform work under this Supplemental Agreement, the following clause:
23 "During the performance of this Supplemental Agreement, CITY and its subcontractors
24 shall not unlawfully discriminate against any employee or applicant for employment
25 because of race, religion, color, national origin, ancestry, physical handicap, medical
26. condition, marital status, age (over 40) or sex. CITY and subcontractors shall insure that
27 the evaluation and treatment of their employees and applicants for employment are free
28
II Page 11 of 20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
i
15
16
17
18
19
20
21
22
23
24
25
26
27
28
of such discrimination. CITY and subcontractors shall comply with the provisions of the
Fair Employment and Housing Act (California Government Code Section 12900 et seq.).
The applicable regulations of the Fair Employment and Housing Commission are
implementing California Government Code Section 12990 et seq., set forth in Chapter 1
of Division 4.1 of Title 2 of the California Administrative Code are incorporated into this
Agreement by reference and made a part hereof as if set forth in full. CITY and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other agreement."
14. PROHIBITION AGAINST CONFLICTS. OF INTEREST
A. CITY and its assigns, employees, agents, consultants, officers and elected
and appointed officials shall become familiar with and shall comply with the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
CFR Part 200) and the CDBG regulations prohibiting conflicts of interest contained in 24 CFR
1570.611.
B. The Subrecipient shall maintain a written code or standards of conduct
that shall govern the performance of its officers, employees or agents engaged in the award and
administration of contracts supported by Federal funds.
C. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by Federal funds if a conflict
of interest, real or apparent, would be involved.
D. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position to participate
in a decision -making process or gain inside information with regard to such activities, may
obtain a financial interest in any contract, or have a financial interest in any contract, subcontract,
or agreement with respect to the CDBG-assisted. activity, or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes
Page 12 of 20
I of this paragraph, a "covered person" includes any person who is an employee, agent, consultant,
2 officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public
3 ;agency.
41 ' E. CITY understands and agrees that no waiver of exception can be granted
5 to the prohibition against: conflict of interest except upon written approval of HUD pursuant to
61. 24 CFR 570.611 (d): Any request by CITY for an exception shall first be reviewed by COUNTY
7 to determine whether such request is appropriate for submission to HUD; in the COUNTY'S sole
8 and absolute discretion. In determining whether such request is appropriate for submission to
9 HUD, COUNTY will consider the factors listed in 24 CFR 570.611 (d)(2).
10 1F. Prior.to the distribution of any CDBG funding, under this Supplemental
11 :Agreement, CITY shall provide COUNTY, in writing, a list; of _:all employees, agents;
12 'consultants, officers,and elected and appointed officials who are in a -position to participate in -a
13 decision making process, exercise any functions or responsibilities, or gain inside information
14 with respect to the CDBG activities funded under this Agreement. CITY shall also promptly
15 ;disclose to COUNTY any potential conflict, including even the appearance of conflict that may
16 :arise with respect to the CDBG activities funded under this Supplemental Agreement.
17 G. Any.violation of this Section 14 shall be deemed.a material breach of this.
18 Supplemental Agreement, -and the Supplemental Agreement shall be immediately terminated by
19 ahe COUNTY.
20 15. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no
21 `liability for any later determination by the United States Government, the U.S. Department of
22 Housing and. Urban Development, or any other person or entity that CITY is or is not eligible
23 under 24 CFR Part 570 to receive CDBG entitlement funds from the COUNTY.
24 16. USE OF PROPERTY. Whenever federal CDBG funds or program income are
25 used, in whole or in part, for the purchase of equipment or personal property, the property shall
26 not be transferred from its originally fwided use, by CITY or the CITY' S subcontractor
27 implementing the CDBG-funded activity, for a period of five (5) years from the close-out date of
28
Page 13 of 20
10
11
12
13
14
15 .
16
17
l8
19
20
21
22
23
24
25
26
27
28
I the grant from which CDBG assistance was provided. The CITY shall maintain a current j
inventory for COUNTY monitoring and review.
17. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY
agrees to notify in writing, and to cause any subcontractor implementing CDBG-funded Projects
,to notify, in writing, the Riverside County Workforce Development Center of any and all job
openings that are caused by the CDBG-funded Projects under this Supplemental Agreement.
18. F,U-BLIC ITY. Any publicity generated by CITY for the Projects funded pursuant
Jo this Supplemental Agreement will make reference to the contribution of the COUNTY, the
Economic Development Agency, and the Community Development Block Grant Program in
making the project possible.
19. PROGRAM MONITORING AND. EVALUATION. CITY and its subcontractors
shall be monitored and evaluated in terms of its effectiveness and timely compliance with the
provisions of this Supplemental Agreement and the effective and efficient achievement of the
CDBG National Objectives as set forth in Exhibit(s) A and B, attached hereto. Quarterly reports
shall be due on the last day of the month immediately following the end of the quarter being
reported. The quarterly written reports shall include, but shall not be limited to, the following
I data elements:
A. Title of program, listing of components, description of
activities/operations.
B. The projected goals, indicated numerically, and also the goals achieved
(for each report period). In addition, identify by percentage and description, the progress
achieved towards meeting the specified goals and identify any problems encountered in meeting
goals.
C. If the CDBG-funded activity meets a National Objective under 24 CFR
570.208 (a)(2)(i), CITY will report the following:
1) Total number of direct beneficiaries (clientele served) with
household incomes at:
Page 14 of 20
1 111 ,,iv Above 80% MHI
2 a Between 50% and 80% MHI (Low -Income)
3 -0; Between 30% and 50% MHI (Very Low -Income)
4 Less than 30% MHI (Extremely Low -Income)
5 2) Total number and percent (%) of the clientele served that have,
6 . household incomes at or below 80% MHI
7 3) Racial ethnicity of clientele
8 4) Number of Female -Headed Households
9 D. CITY shall report, in writing, and cause its subcontractors to report, in
10 writing, beneficiary statistics monthly to the Economic Development Agency (EDA) on the pre-
11 approved Direct Benefit Form and Self -Certification Form (certifying income, family size, and
12 racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by EDA should
13 HUD implement changes during the term of this Supplemental Agreement. CITY and.
14 'subcontractors will collect and provide all necessary data required by HUI) pertaining to the
15 Specific Outcome Indicators as identified in HUD's Community Planning and Development
16 (CPD) Outcome Performance Measurement System.
17 20. SOURCE' OF FUNDING. CITY acknowledges that the source of funding
18 pursuant to this Supplemental Agreement is - Community Development Block Grant finds.
19 (CFDA ,14.218), and the GrantAward Number is B-16-UC-06-0506.
20 2 L ENTIRE AGREEMENT. This Supplemental Agreement, including any
21 attachments or exhibits hereto constitutes the entire Supplemental Agreement of the, parties with
22 ' respect to its subject :matter and supersedes all prior and contemporaneous representations,
23 proposals, discussions and communications, whether oral or in writing. No oral understanding or
24 agreement not incorporated herein shall be binding on any of the parties hereto. Each of the
25 attachments and exhibits_ attached,hereto is -incorporated herein by this: reference:
26 22. MINISTERIAL., ACTS The Assistant County Executive Officer/EDA or
27 designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to
28 11
Page 15 of 20
1
2
3
4
5
6
7
8
9
implement the terms, provisions, and conditions of this Supplemental Agreement as it may be
amended from time -to -time by COUNTY.
23. PRIOR AUTHORIZATION: CITY shall obtain COUNTY's written approval
from the COUNTY'S Economic Development Agency prior to implementing the following
I "high risk" activities funded with CDBG assistance:
A. Construction of public facilities (project plans and specifications);
IC
5
IIM
10 II F.
Acquisition of real property;
Historic Preservation;
Relocation; and
Economic Development
11 24. FORCE MAJEURE.
12 A. Performance by either party hereunder shall not be deemed to be in default
13 where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods,
14 earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine
15 restrictions, freight embargoes, lack of transportation, governmental restrictions or priority,
16 litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays
17 of any contractor, sub -contractor or supplier, acts of the other party, acts or failure to act of a
18 public or governmental agency or entity, or any causes beyond the control or without the fault of
19 the party claiming an extension of time to perform.
20 & An extension of time for any such cause (a "Force Majeure Delay") shall
21 `)[be for the period of the enforced delay and shall commence to run from the time of the
22.commencement of the cause, if notice by the party claiming such extension is sent to the other
23 party within thirty (30) calendar days of knowledge of the commencement of the cause.
24 Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure
25 Delay unless and until the party claiming such delay and interference delivers to the other party
26 written notice describing the event, its cause, when and how such party obtained knowledge, the
27 date the event commenced, and the estimated delay resulting therefrom. Any party claiming a
28
Page 16 of 20
I Force Majeure Delay shall deliver such written notice within thirty (30) calendar days after it
2 obtains knowledge of the event.
3 25. JURISDICTION AND VENUE: Any action at law or in equity arising under this
4 Supplemental Agreement or brought.by a party:hereto. for the purpose of enforcing, construing or
5 determining the validity of any provision of this Supplemental Agreement shall be filed in the
6 consolidated Courts of Riverside County, State of California, and the parties hereto waive all
7 provisions of law providing for the filing, removal .or change of venue to any other court or
8 jurisdiction
91 26. SEVERABILITY. Each paragraph and provision of this Supplemental
10, ;Agreement is severable from each other provision, and if any provision or part thereof is
11 :declared invalid, the remaining provisions shall remain in full force and effect.
12 , 27. WAIVER. Failure by a party to insist upon the strict performance of any of
13 the provisions of this Supplemental Agreement by the other party, or the failure by a party to
14 exercise its rights upon the default of the other party, shall not constitute a waiver of such party's
15 rights to insist and demand strict compliance by the other party with the terms of this
16 ; Supplemental Agreement thereafter.
17 28. NOTICES. Each notice, request, demand, consent, approval or other
18 communication (hereinafter in this Section referred to collectively as "notices" and referred to
19 :;singly as a "notice") which the CITY or COUNTYis required or permitted to give to the other
20 party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and
21' sufficiently given if (a) personally delivered with proof of delivery thereof (any notice so
22 ; :delivered shall be deemed to have been received at the time so delivered); or (b) sent by Federal
23 Express (or other similar national overnight courier) designating early morning delivery (any
24, notice so delivered shall be deemed to have been received on the next Business Day following
25 : ''receipt by the courier); or (c) sent by United States registered or certified mail, return receipt
26 requested, postage prepaid, at a post office regularly maintained by the United States Postal
27 , Service (any notice so sent shall be deemed to have been received two days after mailing in the
28
Page ,17 of 20
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
United States), addressed to the respective parties as follows:
COUNTY
Assistant County Executive Officer/EDA
Economic Development Agency
P.O. Box 1180
CITY
Frank Spevacek
City of La Quinta
78-495 Calle Tampico
Riverside, CA 92502_ La Quinta, CA 92253
29. LOBBYING. CITY certifies to the best of its knowledge and belief, that:
a. No federally -appropriated funds have been paid or will be paid, by or on
behalf of the CITY, 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 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.
b. 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
CITY shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
C. CITY shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, 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.
30. INTERPRETATION AND GOVERNING LAW. This Supplemental Agreement
and any dispute arising hereunder shall be governed by and interpreted in accordance with the
Page 18 of 20
1 laws of the State of California. This Supplemental Agreement shall be construed as a whole
2 according to its fair language and common meaning to achieve the objectives and purposes of the
3 : parties hereto, and the rule of construction to the effect that ambiguities are to be resolved
4 against the drafting, party shall not be employed in interpreting this Supplemental Agreement, all
5 " 'parties having:been represented by, counsel in the negotiation and preparation hereof
6 . ' 31. AUTHORITY TO _EXECUTE. The persons executing this Supplemental
7 Agreement or exhibits attached hereto on behalf of the parties to this Supplemental Agreement
8 hereby warrant and represent that they have the authority to. execute this Supplemental
9 . ;Agreement and .warrant and represent that they have the authority" to bind the respective parties
10 . to this Supplemental Agreement to the performance of its obligations hereunder.
11 32. EFFECTIVE DATE. The effective date "of this Supplemental Agreement is the
12 date the parties sign the Supplemental Agreement. If " the parties sign the. Supplemental
13 ;Agreement "on more than one date, then the last date the Supplemental Agreement is signed by a
14 party shall be the effective date.
151, 33. COUNTERPARTS. This Supplemental Agreement. may be signed by the
16 "`different parties. hereto in counterparts, each of which shall be. an original but all of which
17 together shall- constitute one and the same agreement.
18 ; 34. LETTER TO PROCEED. CITY shall not initiate nor incur expenses for the
19 CDBG-funded Projects or activities covered under the terms of this Supplemental Agreement as
20, set forth in Exhibit(s) A and B, attached hereto, prior to receiving written authorization from
21 ; COUNTY to:proceed.
22 35. ASSIGNMENT. The CITY shall not make any, assigmnent or transfer in any form
23 " with respect to this Supplemental Agreement, without prior written approval of the COUNTY.
24 . 36. MODIFICATION.. OF.. AGREEMENT. This. Supplemental Agreement may be
25 modified or amended only by a writing signed by the duty authorized and empowered
26 representative of COUNTY and CITY respectively.
27 [Signatures on Following Page]
28
Page 19 of 20
1
2
3
4
5
6
7
8
9
10
11
12
13'
14
1.5
16
17
18
19
20
21
22 `
23
24
25
26
27
28
IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as
l'of the dates set forth below.
COUNTY OF RIVERSIDE,
a political subdivision of the
State of California
BY
Suzanne Holland, =.
Assistant Director of EDA.
Date:
APPROVED AS TO FORM:
Gregory P. Priamos, County Counsel
By:
Jhaila R. Brown,
Deputy County Counsel
CITY OF LA QUINTA,
a general law city
BY2.
Date:
ATTEST:
BY:
City Clerk
APPROVED AS TO FORM:
BY:
City Attorney
Page 20 of 20
EXHIBIT A
File No.: 4.LQ.26-16
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON-PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME: City of La Quinta. DUNS #: 158241765
ADDRESS:
La Quints, CA 92253
PROGRAM CONTACTS:. -Frank Spevacek, City Manager
PHONE: (760), 770-7120 . FAX:
E-MAIL,:
PROJECT NAME: :City of La Quinta ADA Improvements
PROJECT LOCATION:: Various Parks and Locations Throughout City
LEVEL OF ENVIRONMENTAL CLEARANCE: _ Categorical. Exclusion 24 CFR 58.35
CDBG ELIGIBILITY CODE: 570.201 (c) Public Facilities
PROJECT FUNDINGSUIvIMARY: $105,634
Project to be administered by County (EDA) on behalf of City.: YES r7l NO Z
II. SCOPE OF SERVICE
A. Activities
City will be.: responsible for administering a 2016-2017 Community Development Block Grant for the
City of -La Quinta ADA Improvements in a manner satisfactory to the. County of Riverside and
consistent with any standards required as a condition of providing these funds. Such program will include
the following activities eligible under the Community Development Block Grant program:
Activity #1, The .City of La Quinta will use CDBG funds to pay for costs associated with the
construction of ADA improvements at City public parks, intersection curb ramps, and
sidewalks -all prioritized improvements recommended in, the City's ADA Transition Plan
report. CDBG funds will be used for design, construction, equipment; materials and
supplies, inspection/testing costs, and project administration.
Page 1 of 7
EXHIBIT A
File No.: 4.LQ.26-16
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:7Q
CFR Reference: Low .Mod. Limited Clientele Presumed
C. Levels of Accomplishment— Goals and Performance Measures
The City agrees to implement and complete the following activity(ies):
Activity #1 Prepare design and specifications for facility improvements.
Activity #2 Implement and complete construction activities.
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives(selectone): Creating Suitable Living Environments
Providing Decent Affordable Housing
�) Creating Economic Opportunities
Outcome (select one): M 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 7
EXHIBIT A
File No.: 4.LQ.26-16
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;$i45 4 Drawdbwns for the payment of eligible expenses shall be, made against theJine
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), and 24 CFR Part 84 and 85, as amended.
Page 3 of 7
EXHIBIT A
File No.: 4.LQ.26-16
G. Total Amount of Non- CDBG Leveraging
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 24 CFR Part 84 and 85, as
amended, 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), and 24 CFR Part 84 and 85, as amended. 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 4of7
EXHIBIT A
File No.: 4.LQ.26-16
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,fromsuch 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 arenot limited to: making final payments,
disposing of program assets (including the return of allunused materials,. equipments unspent cash
advances, program income balances, and accounts receivable to the County), and determining the
custodianship of records. Notwithstanding the foregoing, theterms of this Agreement shall remain in
effect during any period that the City has control over CDBG funds, including program income.
6. Audits- -his- ,trons,
.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 clearedby 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 and Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part
200.500) and HUD's single audit regulations (24 CFR Part 44.6).
Page 5of7
EXHIBIT A
File No.: 4.LQ.26-16
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 Online Training June 2016 July 2016
Implement Project Activities
Execute Supplemental Agreement
& Notice to Incur Cost
Tasks [Milestone
Submit Quarterly Performance
Reports to County
County Monitoring of City
Program/Performance
Upon Notification from EDA
August 2016
Start Date
September 2016
Cd WJ16tion Dato
October 15, 2016
January 15, 2017
April 15, 2017
To be determined by Program Manager
Specific Project Activities
1. City executes Sponsor's Agreement; receives authorization to incur cost letter
2. City prepares final construction/equipment documents (incorporating Special Federal
Provisions) for EDA review and approval
3. EDA authorizes City to. advertise for bids
4. EDA reviews and approves bidding process
5. City awards construction/equipment contract
6. City and EDA conduct "pre -construction meeting"
7. EDA authorizes City to issue "Notice to Proceed"
City Submits Reimbursement
Requests
Monthly Submittal ❑
Other Schedule
CDBG-funded Project Complete
City Submits Monthly
Direct Benefit Reports
March 31, 2017
N/A
Page 6 of 7
EXHIBIT A
File No.: 4.LQ.26-16
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
City is not to proceed with_ bidding or contracting - for design or construction services - prior to
contacting the County to obtain Special Federal Provisions forbidding and contract procurement.
EDA must review and approve (in writing) all construction bid documents prior to notice
inviting bids.,
Page 7of7
EXHIBIT B
File No.: 4. LQ.27-16
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(PLiBLIC SERVICE)
I. GENERAL INFORMATION
PHONE: (760).564-5555 FAX
E-MAILt.
PROJECT NAME: Bovs and Girls Club - Coachella Valley
PROJECT LOCATION: 49995 Moon River Drive, La Quinta, CA 92253 ...
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 Cr, R 570.201 (e) Public Services
PROJECT FUNDING SUMMARY: $20,121
Project to be administered by County (FDA) on behalf of CITY: YES ❑ NO
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 201E-2017 Community Development Block Grant for the
Boys and Girls Club - Coachella Valley 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 Boys and Girls Chub will use CDBG funds to provide membership "scholarships" to
youth from low-income families. These scholarships will allow eligible individuals to
participate in after -school programs including concerts, recreation, and arts and crafts
activities.
Page 1 of 7
EXHIBIT B
File No.: 4.LQ.27-16
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: 570.2N ,(a)(2)(i)(B)
CFR Reference: Low Mod Limited Clientele Income Certification
C. Levels of Accomplishment — Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity Units Total Total
bier Iylrarifli Units/Year Clr�ilulliccrttl'esc�nr
Activity #1
79 79
Unit of Service is defined as: Children receiving Scholarships
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select'one): Creating Suitable Living Environments
Providing Decent Affordable Housing
(� Creating Economic Opportunities
Outcome (select one): ® Availability/Accessibility
Affordability
n Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies, that it and its subrecipients have 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
City'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 7
EXHIBIT B
File No.: 4.LQ.27-16
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 $20,121. 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 standards
specified in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended.
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
Total Non-
Total
Notes
Funds
CDBG Funds
Activity/Project
Budget _
Total Direct Program
Expenses
Salaries
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
i
Supplies and Materials
Mileage
Equipment (Program Only)
Audit
Transportation
Other: Scholarships
$20,121
Total Indirect Program
$ ,
Expenses
Indirect Costs (Specify)*
{
* All indirect costs must be pre -approved by the County. City must submit an Indirect Cost
Allocation PIan to County, in a form specified by County, demonstrating the appropriate
share of general and administrative costs.
Page 3 of 7
EXHIBIT B
File No.: 4.LQ.27-16
G.
Total Amount of Non- CDBG Leveraging
AL
IIh. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with the. 24 Uniform Administrative Requirements, Cost:
Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part
84 and 85, as amended, 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), and 24 CFR Part 84 and 85, as amended. These principles shall be applied for all costs
incurred whether charged on a direct or indirect. basis.
C. Documentation and Record. Keeping
1. Records to. be Maintained. The City and its subrecipients will maintain all records
required by the Federal 'iegulations 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;
iLl Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
ii: 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 7
EXHIBIT B
File No.: 4.LQ.2 7 -16
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 submssion 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 off -a responsible parent/guardian.
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 nonnal 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 and the Uniform Administrative
Requirements , Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200.500)
and HUD's single audit regulations (24 CFR Part 44.6).
Page 5 of 7
EXHIBIT B
File No.: 4.LQ.27-16
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. Complet oil Date
Complete Online Training
June 2016
July 2016
Execute Subrecipient Agreements
August 2016
September 2016
(EDA must approve)
Implement Program Activities
July 1, 2016
March 31, 2016
Execute Supplemental Agreement
August 2016
September 2016
& Notice to Incur Cost
City Submit Quarterly October 15, 2016
Performance Reports to County January 15, 2017
April 15, 2017
County Monitoring of City 7BD TBD
Performance
City submit Monthly September 2016 March 2017
Direct Benefit Reports
City Submits Reimbursement
Requests
Monthly Submittal ® September 2016 APA1 5,1617 WING
Other Schedule ❑ _
CDBG Program Services Complete March 2017
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
Subrecipient must collect income self -certifications and verifications from every, prent oile�;4l
Mxardian Graf ever• , 'child Vartich) ng in CDBG fcint cd .act`rvities. This includes family income,
family size, and ethnicity. Subrecipient is required to collect income verification documentation
from the persons submitting the certifications. All of this documentation must be submitted to
EDA on a monthly basis.
(Special Conditions continued on Page 7 of 7)
Page 6 of 7
EXHIBIT B
File No.: 4.LQ.27-16
Monthly submittal of reimbursement requests is a tnaiidatrry requirement. Due to the funding
amount allocated to this project, program year-end deadlines, and Subrecipient's past
performance, Subrecipient is expected to complete CDBG funded activities by March 30, 2017,
with the City's final reimbursement request and reports to be submitted no later than April 15,
2017.
Page 7 of 7
EXHIBIT ''R"
CONST-ITUTION L i'ROHIBITION
Page 1 of 2
In accordance with First [amendment Church/State Princlplea, as a general
rule, CDBG/ESG assistance may not be used for religious activities or
provided to primarily religious entities for any activiti_e's, including
secular activities. The following restrictions and limitations therefore
apply to the use of CDBG/ESG funds.
(1) CDBG/ESG funds may not be used for the acquisition of property
or the construction or. rehabilitation (including historic preservation and
removal of architeetur_al barriers) of structures to be used for religious
purposes or which will otherwise promote religious,,interests. This
limitation includes the, acquisition of property for ownership, by primarily
religious entities and the construction or rehabilitation. (including
historic preservation and removal of architectural barriers) of structures
owned by such entities (except as permitted under paragraph () (2) of
this section with.•respect to rehabilitation and under paragraph ( ) (4) of
this section with respect to repairs undertaken in connection with public
services) regardless of the use to be made of the property or structure.
Property owned by primarily religious entities may be acquired with
CDBG/ESG funds at no more than fair market value for a noft-religious use.
(2) CDBG/ESA funds may be - used to rehabilitate- buildings owned by
primarily -religious entities to be used for a wholly secularpu.rpose under
the following conditions:
W The building (or portion .thereof) that is to be improved
with the .CDBG/ESG: assistance has been leasers to an existing or newly -
established wholly secular entity (which may be an entity established by
the religious entity)
=i.) The CpBG%ESG assistance is provided to. the lessee (and not
the lesso&to make the improvements;
(iii) The Leased premises will be, used exclusively for secular
purposes availabfe to persons .regardless of religion;
(iv) The lease payments do not exceed the fair market rent of
the premises as they were before the improvements are mode;
(v) The portion of the cost of: any improvements that also
serve a non-_le"ased part of the building will be allocated to any paid for
by the lessor;
(7i) The lessor enters into a binding agreement that unless the
lessee, or a qualified successor lessee, retains the use of ;she leased
premises for a wholly secular purpose for at least the useful .Life of the
improvements, the lessor will pay to the lessee an amount equal to the
residual value of the improvements;
EXHIBIT "R''
CONSTITUTIONAL PROHIBITION
Rage 2 of 2
(vii) The lessee must remit the amount received from. the lessor
under subparagraph (2)(vi) of this section to the recipient or
su.brecipient from which the C.DBG/ESG funds were derived.
The lessee can also enter into a management contract authorizing the
lessor religious entity to use the building for its intended secular
purpose, e.g., homeless shelter, provision of public services. In such
vase,
the religious entity must agree in the management contract to carry out
the secular purpose in a. manner, free form religious influences in
accordance with the principles set forth in paragraph (j) (3) of this
section.
(3) As a general rule, CDB G/ESG funds may be used for: eligible
public services to be provided through a primarily religious entity, E4here
the religious entity enters into an agreement with the recipient or
subrecipient from which the CDBG/ESG funds are derived that, in. connection
with the provision of such services:
(i) It will not discriminate against any employee or applicant:
for employment on the ;oasis of religion and will not limit employment or
give preference in employment to persons on the basis of religion.
(ii) It will not:, discriminate against any person applying for
such public services on the basis of religion and will not limit such
services or give preference to persons on the basis of rel-igion;
( i- i. i.) It will
counseling, conduct no r..e.l..:.ig:i..o:is
religious proselytizing, and exert
provision of such public services;
provide no religious instruction or
worship or services, engage in no
no other religious influence in the
(iv) The portion of a facility used to provide the public
services shall contain no religious symbols or decorations, other than
those permanently affixed to or part of the structure.
(4) Where the public services provided under paragraph (j)(3) of
this section are carried out on property owned by the primarily religious
entity, CDBG/ESG funds may also be used for minor repairs to such property
which are directly related to carrying out the public services where the
cost constitutes in dollar terms only an incidental portion of the
CDBG/ESG expenditure for the public services.
EXHIBIT "S"
Page 1 of 2
Economic Opportunities for Section 3 Residents and Section 3 Business
Concerns
Sec. 135.38 Section 3 clause.
All section 3 covered contracts shall include the following clause
(referred to as the section 3 clause):
A. The work to be performed
under_ this contract is subject to
the
requirements of section 3 of
the
iious'ing. and Urban Development Act
of
1968, as amended, 12 U.S.C. 17,01u
(section 3). The purpose of section 3
is
to ensure that employment and
other economic opportunities generated
by
IUD assistance or HUD -assisted
projects
covered by section 3, shall,
to
;she greatest exte.nt feasible,
be
directed to low- and very low-income
persons, particularly persons
who
are recipients of HUD assistance
for
housing.
B. The parties to this contract agree to comply with HUD's
regulations in 24 CF2 part 135, which implement section 3. As evidenced by
their execution of this contract, the parties to this contract certify
that they are under no contractual or other impediment that would prevent
thorn from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with wh :h the contractor has a collective
bargaining agreement or other understanding, if any, a :notice advising the
labor organization: or workers' representative of the contractor's
commitments under this section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both employees and
applicants for training and employment positions can see the notice. The
notice shall describe the section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprent.:iceship and
training positions, the qualifications for each; and the name and, location
of the person1s) tasking applications .for each of the positions; and the
anticipated date the work shall begin.
EXHIBIT "S"
Page 2 of 2
D. The contractor agrees to include this section 33 clause in every
subcontract subject to compliance wit-h regulations in 24 CFR part 135, and
agrees to take appropriate action, as provided in an applicable --rovision
of the subcontract, or in this section 3 clause, upon a. finding that the
subcontractor is in violati.on of the regulations in 24 CFR part 135. The
contractor will not subcontract with anv subcontractor where -the
contractor has notice or knowledge that the subcontractor has been found
in violation of the regulations in 24 par'. .
C7R 1135.
a. pare. .1
E. The contractor will certify that any vacant employment positions,
including training positions, that arc.,,; filled (1) after the Contractor is
selected but before the contract is executed, and (2) with persons 'Other
than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to .circumvent the
contra_-to.'s obligations under 24 C_FR part 135.
F. Noncompliance with HUD's -regulations in 24 CFR part 135 may result
in sanctions, termination of this contract for default, and debarment or
sus ensign from future HUD assisted contracts.
G. With respect- to work performed in connection with section 3
"ce, sect. -ion 7 (b) of the Indian Self -
covered Indian housing assistay
Determination and Education Assistance Act (25 U.S.C. 40e) also applies
to the work to be performed under this contract. Section 7(b) requires
e?' ce and oopor tunities for
that to the greatest extent feasible (i) p-0 fe� n
training and eir-i-ploymert shall be given to Indians, and, preference in.
the award of contracts ar.-A .sul..bcontracts shall be .-ven to Indian
organizations and Irdian-owned Economic Ent--erp-rises. Parties to this
contract that are subject to the provisions of section 3 and section 7(b),
agree to comply with section 3 to the maximum extent feasible, but not -i..n.
derogation of compliance w....th. sect -ion 7"b).
k