CC Resolution 2017-046RESOLUTION NO. 2017 - 046
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 FACILITIES 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
2016/17 is identified to be $127,720; 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 "Exhibit A"; 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
October 18, 2016; and,
WHEREAS, on October 18, 2016, 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 City Hall ADA
Improvements
2. Fee Waiver/Reduction Program
SPONSOR AMOUNT
City of La Quinta $109,000
Coachella Valley $ 18,900
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. 2017-046
Community Development Block Grant - Supplemental Agreement
Adopted: September 19, 2017
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PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 19th day of September 2017, by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
"2LV
SUSAN MAYSELS, City ClerWr" T
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
COUNCIL RESOLUTION 2017-046
EXHIBIT A
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File No.: 4.LQ.29-17 and 4.LQ.30-17
SUPPLEMENTAL AGREEMENT FOR THE USE OF
2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Supplemental Agreement ("Agreement") is entered into this day of
2017, 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
"Party."
Y•
The COUNTY and CITY mutually agree as follows:
1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated
July 15, 2015 ("Cooperation Agreement"), whereby CITY elected to participate with COUNTY,
which has qualified as an "Urban County" for purposes of receiving Community Development
Block Grant (CDBG) funds ("CDBG"), and to assist and undertake essential community
development and housing assistance activities pursuant to the Housing and Community
Development Act of 1974, Title 1, as amended, Public Law 93-383 hereinafter referred to as "Act."
Said Cooperation Agreement, dated July 15, 2015, is incorporated herein by reference and made a
part of this Agreement as if each and every provision was set forth herein.
2. PURPOSE. CITY promises and agrees to undertake and assist with the community
development activities, within its jurisdiction, by utilizing the sum of $127,720, CDBG
Entitlement Funds, as specifically identified in Exhibit(s) A and B, attached hereto, and are
incorporated herein by this reference, for the following project(s) (collectively, the "Projects"):
A. 4.LQ.29-17 City of La Quinta Miscellaneous ADA Improvements $107,285
B. 4.LQ.30-17 Boys & Girls Club - Coachella Valley $20,435
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, 2017 to termination on June 30,
2018. City shall proceed consistent with the completion schedule set forth in Exhibit(s) A and B,
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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.
4. DISPOSITION OF FUNDS.
A. COUNTY's Board of Supervisors shall determine the final disposition and
distribution of all funds received by COUNTY under the Act consistent with Sections 2 and 3 of
this Supplemental Agreement. COUNTY, through its Economic Development Agency, shall
make payment of the CDBG funds to CITY as set forth in the attached Exhibit(s) A and B. It is
the CITY's responsibility to monitor all project activities set forth in the attached Exhibit(s) A
i and B, and to ensure compliance with applicable federal regulations and the terms of this
Supplemental Agreement.
B. CITY shall comply with timely drawdown of CDBG Entitlement funding
by expeditiously implementing and completing the COUNTY -approved, CDBG-funded Projects.
CITY acknowledges that CITY's drawdown performance directly impacts the COUNTY's overall
program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January 31, 2018,
exceeds one hundred and seventy-five percent (175%) of the CITY's 2017-2018 CDBG allocation,
the COUNTY may, in its sole discretion, take the necessary administrative actions to reduce the
CITY's CDBG fund balance. Necessary actions include, but are not limited to, reprogramming the
excess CDBG fund balance to other eligible activities as selected by COUNTY. COUNTY may,
in its sole and absolute discretion, authorize CITY in writing, prior to January 31, 2018, to exceed
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J COUNCIL RESOLUTION 2017-046
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the CDBG fund balance requirement.
C. CITY shall comply with timely drawdown of CDBG funds by submitting
monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All
disbursements of CDBG funds will be on a reimbursement basis and made within thirty (30) days
I after the COUNTY has received the CITY's reimbursement request including documentation
I supporting expenditures.
D. All authorized obligations incurred in the performance of the Supplemental
Agreement for projects eligible under the following CDBG regulations must be reported in writing
to COUNTY no later than June 1, 2017:
1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)]
2. Clearance Activities [24 CFR 570.201 (d)]
3. Interim Assistance [24 CFR 570,201 (f)]
4. Code Enforcement [24 CFR 570.202 (c)]
All public service activities [24 CFR 570.201 (e)] and other eligible activities under this
Supplemental Agreement must be implemented, completed, and obligations reported in writing to
the COUNTY by the CITY no later than the completion schedules set forth in the attached Exhibits
to this Supplemental Agreement. "CFR" as used herein refers to the Code of Federal Regulations.
5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with
COUNTY in undertaking essential community development and housing assistance activities,
specifically urban renewal and public assistance housing, and shall assist COUNTY in
implementing and undertaking the goals and strategies identified in the 2014-2019 Five Year
Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community
Development Block Grant Program.
6. LEAD AGENCY F R COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT CE LA). Pursuant to Section 15051(d) of Title 14 of the
California Administrative Code, the CITY is designated as the lead agency for the projects that
are the subject matter of this Supplemental Agreement.
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COUNCIL RESOLUTION 2017-046
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7. HOLD HARMLESS AND INDEMNIFICATION. 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 maintained, at its
sole cost and expense, the following insurance coverage's during the term of this Agreement.
a. Workers' Compensation:
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 Liabil�:
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
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
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separately to this agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liabilit
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 (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 commencement of
operations under this Agreement. Upon notification of self -insured retention unacceptable to the
COUNTY, and at the election of the Country's Risk Manager, CITY'S carriers shall either; 1)
reduce or eliminate such self -insured retention as respects this Agreement with the COUNTY, or
2) procure a bond which guarantees payment of losses and related investigations, claims
administration, and defense costs and expenses.
(iii). CITY shall cause CITY'S insurance carrier(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
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including all Endorsements and all attachments thereto, showing such insurance is in full force and
.ffect. 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
nsurance. In the event of a material modification, cancellation, expiration, or reduction in
,overage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior
:o such effective date, another properly executed original Certificate of Insurance and original
;opies of endorsements or certified original policies, including all endorsements and attachments
hereto evidencing coverage's set forth herein and the insurance required herein is in full force and
affect. CITY shall not commence operations until the COUNTY has been furnished original
7ertificate (s) oflnsurance and certified original copies ofendorsements and ifrequested, certified
original policies of insurance including all endorsements and any and all other attachments as
•equired in this Section. An individual authorized by the insurance carrier to do so on its behalf
shall sign the original endorsements for each policy and the Certificate of Insurance.
(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
I contributory.
(v). If, during the term 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 extensions
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 amount or
type of insurance carried by the CITY has become inadequate.
(vi). CITY shall pass down the insurance obligations contained herein to
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all tiers of subcontractors working under this Agreement.
(vii). The insurance requirements contained in this Agreement may be
met with a program(s) of self-insurance acceptable to the COUNTY.
(viii). CITY agrees to notify COUNTY of any claim by a third party or
any incident or event that may give rise to a claim arising from the performance of this Agreement.
9. RECORDS AND INSPECTIONS.
A. CITY shall establish and maintain financial, programmatic, statistical, and
other supporting records of its operations and financial activities in accordance with the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
(2 CFR 200.333), and 24 CFR Part 84 and 85, as amended, and 24 CFR Section 570.502 (a), as
they relate to the acceptance and use of federal funds under this Agreement. Said records shall be
retained for a period of four (4) years from the date that the activity or program funded with the
CDBG Grant is closed out by the COUNTY and reported as complete in the Comprehensive
Annual Performance and Evaluation Report (CAPER). Exceptions to the four (4) year retention
period requirement, pursuant to 2 CFR 200.333 include the following:
i. if any litigation, claim, or audit is started prior to the expiration of
the four (4) year period;
ii. when the CITY is notified in writing by the COUNTY, HUD, or
other Federal agency to extend the retention period;
iii. records for real property and equipment acquired with CDBG funds
must be retained for four (4) years after final disposition;
iv. when the records are transferred by the CITY to the COUNTY,
HUD, or other Federal agency, the four (4) year period is not applicable.
B. CITY shall obtain an external audit in accordance with the Uniform
I Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
(2 CFR 200.500). Audits shall usually be performed annually but not less frequently than every
two years. Nonprofit institutions and government agencies that expend less than $750,000 a year
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in Federal awards are exempt from Federal audit requirements, but records must be available for
review by appropriate officials of the Federal grantor agency or subgranting entity. The audit report
shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal year.
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,
make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD),
or other authorized representative, for the examination and copying, all of its records and other
materials with respect to matters covered by this Agreement and provide reasonable access to
CITY staff for the purpose of interview and discussion related to the records and documents.
E. CITY shall not retain any program income as defined in 24 CFR 570.500
570.500. Said program income shall be used only for the activities that are the subject of this
Agreement. Further, all provisions of this Agreement shall apply to such activities.
F. The CITY shall ensure that at least fifty-one percent (51 %) of the persons
benefiting from all CDBG-funded activities or projects designated as serving limited clientele [24
CFR 570.208(a)(2)(i)] are of low and moderate -income and meet the applicable household income
guidelines. The CITY shall provide the required income certification and direct benefit
documentation, in writing, to the COUNTY pursuant to the reporting requirement of each activity
as set forth in Exhibit(s) A and B„ attached hereto. In the event that CITY engages the services of
a sub -contractor to implement CDBG-funded activities, the CITY must collect, in 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
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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 comply with the provisions of 24 CFR 570.200
0), attached hereto as Exhibit "R," and incorporated herein by this reference, pertaining to
inherently religious activities. CITY shall comply with the Additional Federal Requirements, if
applicable, attached hereto as Exhibit "AFR," and incorporated herein by this reference.
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.
12. TERMINATION.
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
I notice to CITY of action being taken and the reason for such action including, but not limited to,
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the 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,
ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement
invalid or untenable; or
(3) In the event the funding from the Department of Housing and Urban
Development referred to in Sections 1 and 2 above is terminated or otherwise becomes unavailable.
C. This Agreement may be terminated and/or funding suspended, in whole or
in part, for cause in accordance with the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be
based on the failure of the CITY to materially comply with either the terms or conditions of this
Agreement. Upon suspension of funding, the CITY agrees not to incur any costs related thereto,
or connected with, any area of conflict from which the COUNTY has determined that suspension
of funds is necessary. CITY acknowledges that failure to comply with Federal statutes, regulations,
or the terms and conditions of this Agreement may be considered by the COUNTY in evaluating
future CDBG and non-CDBG funding applications submitted by CITY.
D. Upon suspension or termination of this Supplemental Agreement, CITY
shall return any unencumbered funds which it has been provided by COUNTY. In accepting said
funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach
of this Supplemental Agreement.
E. Reversion of Assets
1. Upon expiration or termination of this Supplemental Agreement, the
CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the
Supplemental Agreement as well as any accounts receivable held by CITY which are 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
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improved 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 event
the CITY shall pay the COUNTY an amount equal to the current market value of the property less
any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or
improvement to, the property.
13. NONDISCRIMINATION. CITY shall abide by 24 CFR 570.601 and 570.602 of
Title 24 of the Code of Federal Regulations which requires that no person in the United States shall
on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity funded in whole or
in part with Community Development funds. CITY shall abide by and include in any subcontracts
to perform work under this Supplemental Agreement, the following clause:
"During the performance of this Supplemental Agreement, CITY and its subcontractors
shall not unlawfully discriminate against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, physical handicap, medical
condition, marital status, age (over 40) or sex. CITY and subcontractors shall insure that
the evaluation and treatment of their employees and applicants for employment are free 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
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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
570.611.
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
of this paragraph, a "covered person" includes any person who is an employee, agent, consultant,
officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public
j agency.
E. CITY understands and agrees that no waiver of exception can be granted to
the prohibition against conflict of interest except upon written approval of HUD pursuant to 24
CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY to
determine whether such request is appropriate for submission to HUD in the COUNTY'S sole and
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absolute discretion. In determining whether such request is appropriate for submission to HUD,
COUNTY will consider the factors listed in 24 CFR 570.611 (d)(2).
F. Prior to the distribution of any CDBG funding under this Supplemental
Agreement, CITY shall provide COUNTY, in writing, a list of all employees, agents, consultants,
officers and elected and appointed officials who are in a position to participate in a decision making
process, exercise any functions or responsibilities, or gain inside information with respect to the
CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY
any potential conflict, including even the appearance of conflict that may arise with respect to the
CDBG activities funded under this Supplemental Agreement.
G. Any violation of this Section 14 shall be deemed a material breach of this
Supplemental Agreement, and the Supplemental Agreement shall be immediately terminated by
the COUNTY.
15. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no
liability for any later determination by the United States Government, the U.S. Department of
Housing and Urban Development, or any other person or entity that CITY is or is not eligible
under 24 CFR Part 570 to receive CDBG entitlement funds from the COUNTY.
16. USE OF PROPERTY. Whenever federal CDBG funds or program income are used,
in whole or in part, for the purchase of equipment or personal property, the property shall not be
transferred from its originally funded use, by CITY or the CITY'S subcontractor implementing
the CDBG-funded activity, for a period of five (5) years from the close-out date of the grant from
which CDBG assistance was provided. The CITY shall maintain a current 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. PUBLICITY. Any publicity generated by CITY for the Projects funded pursuant to
Page 13 of 20
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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 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:
* Above 80% MHI
* Between 50% and 80% MHI (Low -Income)
■ Between 30% and 50% MHI (Very Low -Income)
* Less than 30% MHI (Extremely Low -Income)
2) Total number and percent (%) of the clientele served that have
J household incomes at or below 80% MHI
3) Racial ethnicity of clientele
4) Number of Female -Headed Households
Page 14 of 20
COUNCIL RESOLUTION 2017-046
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D. CITY shall report, in writing, and cause its subcontractors to report, in
writing, beneficiary statistics monthly to the Economic Development Agency (EDA) on the pre -
approved Direct Benefit Form and Self -Certification Form (certifying income, family size, and
racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by EDA should
HUD implement changes during the term of this Supplemental Agreement. CITY and
subcontractors will collect and provide all necessary data required by HUD pertaining to the
Specific Outcome Indicators as identified in HUD's Community Planning and Development
(CPD) Outcome Performance Measurement System.
20. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant
to this Supplemental Agreement is Community Development Block Grant funds (CFDA 14.218),
and the Grant Award Number is 13-17-UC-06-0506.
21. ENTIRE AGREEMENT. This Supplemental Agreement, including any
attachments or exhibits hereto constitutes the entire Supplemental Agreement of the parties with
respect to its subject matter and supersedes all prior and contemporaneous representations,
proposals, discussions and communications, whether oral or in writing. No oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto. Each of the
attachments and exhibits attached hereto is incorporated herein by this reference.
22. MINISTERIAL ACTS. The Assistant County Executive Officer/EDA or
designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to
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 "high
risk" activities funded with CDBG assistance:
A. Construction of public facilities (project plans and specifications);
B. Acquisition of real property;
C. Historic Preservation;
Page 15 of 20
COUNCIL RESOLUTION 2017-046
EXHIBIT A
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D. Relocation; and
F. Economic Development
24. FORCE MAJEURE.
A. Performance by either party hereunder shall not be deemed to be in default
where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes,
fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight
embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually
severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub-
contractor or supplier, acts of the other party, acts or failure to act of a public or governmental
agency or entity, or any causes beyond the control or without the fault of the party claiming an
extension of time to perform.
B. An extension of time for any such cause (a "Force Majeure Delay") shall be
for the period of the enforced delay and shall commence to run from the time of the commencement
of the cause, if notice by the party claiming such extension is sent to the other party within thirty
(30) calendar days of knowledge of the commencement of the cause. Notwithstanding the
foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until
the party claiming such delay and interference delivers to the other party written notice describing
the event, its cause, when and how such party obtained knowledge, the date the event commenced,
and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall
deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event.
25. JURISDICTION AND VENUE: Any action at law or in equity arising under this
Supplemental Agreement or brought by a party hereto for the purpose of enforcing, construing or
determining the validity of any provision of this Supplemental Agreement shall be filed in the
consolidated Courts of Riverside County, State of California, and the parties hereto waive all
provisions of law providing for the filing, removal or change of venue to any other court or
jurisdiction
26. SEVERABILITY. Each paragraph and provision of this Supplemental
Page 16 of 20
COUNCIL RESOLUTION 2017-046
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Agreement is severable from each other provision, and if any provision or part thereof is declared
invalid, the remaining provisions shall remain in full force and effect.
27. WAIVER. Failure by a party to insist upon the strict performance of any of the
provisions of this Supplemental Agreement by the other party, or the failure by a party to exercise
its rights upon the default of the other party, shall not constitute a waiver of such party's rights to
insist and demand strict compliance by the other party with the terms of this Supplemental
Agreement thereafter.
28. NOTICES. Each notice, request, demand, consent, approval or other
communication (hereinafter in this Section referred to collectively as "notices" and referred to
singly as a "notice") which the CITY or COUNTY is required or permitted to give to the other
party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and
sufficiently given if. (a) personally delivered with proof of delivery thereof (any notice so delivered
shall be deemed to have been received at the time so delivered); or (b) sent by Federal Express (or
other similar national overnight courier) designating early morning delivery (any notice so
delivered shall be deemed to have been received on the next Business Day following receipt by
the courier); or (c) sent by United States registered or certified mail, return receipt requested,
postage prepaid, at a post office regularly maintained by the United States Postal Service (any
notice so sent shall be deemed to have been received two days after mailing in the United States),
addressed to the respective parties as follows:
COUNTY CITY
Assistant County Executive Officer/EDA Frank Spevacek, City Manager
Economic Development Agency City of La Quinta
P.O. Box 1180 78-495 Calle Tampico
Riverside, CA 92502 La Quuinta, 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
Page 17 of 20
COUNCIL RESOLUTION 2017-046
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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
I federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
11 the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
I I loan, or cooperative agreement.
b. If any funds other than federally -appropriated funds have been paid or will
I I 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 laws
of the State of California. This Supplemental Agreement shall be construed as a whole according
to its fair language and common meaning to achieve the objectives and purposes of the parties
hereto, and the rule of construction to the effect that ambiguities are to be resolved against the
drafting party shall not be employed in interpreting this Supplemental Agreement, all parties
having been represented by counsel in the negotiation and preparation hereof.
31. AUTHORITY TO EXECUTE. The persons executing this Supplemental
I Agreement or exhibits attached hereto on behalf of the parties to this Supplemental Agreement
I hereby warrant and represent that they have the authority to execute this Supplemental Agreement
] and warrant and represent that they have the authority to bind the respective parties to this
Page 18 of 20
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EXHIBIT A
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Supplemental Agreement to the performance of its obligations hereunder.
32. EFFECTIVE DATE. The effective date of this Supplemental Agreement is the date
the parties sign the Supplemental Agreement. If the parties sign the Supplemental Agreement on
more than one date, then the last date the Supplemental Agreement is signed by a party shall be
the effective date.
33. COUNTERPARTS. This Supplemental Agreement may be signed by the
different parties hereto in counterparts, each of which shall be an original but all of which together
shall constitute one and the same agreement.
34. LETTER TO PROCEED. CITY shall not initiate nor incur expenses for the CDBG-
funded Projects or activities covered under the terms of this Supplemental Agreement as set forth
in Exhibit(s) A and B, attached hereto, prior to receiving written authorization from COUNTY to
proceed.
35. ASSIGNMENT. The CITY shall not make any assignment or transfer in any form
with respect to this Supplemental Agreement, without prior written approval of the COUNTY.
36. MODIFICATION OF AGREEMENT. This Supplemental Agreement may be
modified or amended only by a writing signed by the duly authorized and empowered
representative of COUNTY and CITY respectively.
Remainder of Page Intentionally Blank
[Signatures on Following Page]
Page 19 of 20
COUNCIL RESOLUTION 2017-046
EXHIBIT A
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IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as
of the dates set forth below.
COUNTY OF RIVERSIDE,
a political subdivision of the
State of California
BY:
John Aguilar,
Deputy Director
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
l�
Date:
ATTEST:
BY:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 20 of 20
COUNCIL RESOLUTION 2017-046
EXHIBIT A
EXHIBIT A
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON-PUBLIC SERVICE)
I. GENERAL INFORMATION
File No.: 4.LQ.29-17
CITY NAME: City of La Qjlinta DUNS • 158241765
ADDRESS: 78-495 Calle Tampico
La Quinta, CA 92253
PROGRAM CONTACTS: Frank Spevacek, City Manager
PHONE: (760) 777-7088 _ FAX: (760) 777-7155
E-MAIL:
PROJECT NAME: City of La Quinta Miscellaneous ADA Improvements
PROJECT LOCATION: Multiple City -owned Locations
LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion 24 CFR 58.35
CDBG ELIGIBILITY CODE: 570.201 (c) Public Facilities
PROJECT FUNDING SUMMARY: $107,285
Project to be administered by County (EDA) on behalf of City: YES ❑ NO M
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2017-2018 Community Development Block Grant for the City
of La Quinta Miscellaneous 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 various City -owned public facilities, as well as the
installation of intersection curb ramps, and compliant 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, project management,
and inspection/testing costs.
Page 1 of 7
COUNCIL RESOLUTION 2017-046
EXHIBIT A
B. National Objective
EXHIBIT A
File No.: 4.LQ.29-17
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
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 (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 7
COUNCIL RESOLUTION 2017-046
EXHIBIT A
F. Program Budget
EXHIBIT A
File No.: 4.LQ.29-17
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement
shall not exceed $107,285. 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), 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
Design/Engineering Costs
CDBG Granted
Funds
f Total of Non-
CDBG Funds
55,000
Total Activity/Project
Budget
Notes
Project Administration Costs
100,000
Construction Costs
Acquisition Costs
Relocations Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Indirect Costs:
Other: Public Notices, Project
7,285
7,285
Management, Soft Costs
TOTAL CDBG BUDGET ,
$107,x85
$55,000
$7,285
Page 3 of 7
COUNCIL RESOLUTION 2017-046
EXHIBIT A
G. Total Amount of Non- CDBG Leveraging
TYPE SOURCE AMOUNT SOURCE
FEDERAL
STATE/LOCAL City of LQ $55,000
Gen. Fund
PRIVATE
OTHER
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
EXHIBIT A
File No.: 4.LQ.29-17
AMOUNT SOURCE
TOTAL: $55,000
AMOUNT TOTAL
$55,000
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
1. 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 7
COUNCIL RESOLUTION 2017-046
EXHIBIT A
EXHIBIT A
2. Records Retention
File No.: 4.LQ.29-17
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.
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 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 5 of 7
COUNCIL RESOLUTION 2017-046
EXHIBIT A EXHIBIT A
File No.: 4.LQ.29-17
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 Bate
Complete Online 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
June 2017 July 2017
Upon Notification from
EDA June 2018
August 2017 September 2017
Start Date Completion Date
October 15, 2017
January 15, 2018
April 15, 2018
July 1, 2018
To be determined by Program Manager
Specific Project Activities
1. City executes Supplemental Agreement; receives Authorization to Incur Cost letter
2. City prepares final construction 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 contract
6. City and EDA conduct "pre -construction meeting"
7. EDA authorizes Sponsor to issue "Notice to Proceed"
City Submits Reimbursement
Requests
Monthly Submittal ❑
Other Schedule ®: As Progress Payments are made to contractor,
and other project related costs are incurred. No
less than once a month. April 15, 2018
CDBG-funded Project Complete
City Submits Monthly
Direct Benefit Reports
June 30, 2018
N/A
Page 6 of 7
COUNCIL RESOLUTION 2017-046
EXHIBIT A
EXHIBIT A
File No.: 4.LQ.29-17
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
City is not authorized to proceed with bidding or contracting, for design or construction services,
prior to contacting the County to obtain Special Federal Provisions for bidding and contract
procurement. EDA must review and approve (in writing) all RFPs and/or construction bid
documents prior to issuing any RFP or notice inviting bids.
Page 7of7
COUNCIL RESOLUTION 2017-046
EXHIBIT A
EXHIBIT B
File No.: 4.LQ.30-17
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME: City of La Quinta
ADDRESS: 78-495 Calle Tampico
La Quinta, CA 92253
CITY PROGRAM CONTACTS: Ed Wimmer, Principal Engineer
SUBRECIPIENT NAME: Boys & Girls Club of Coachella Valley
DUNS#:968847715
ADDRESS: 78-495 Calle Tampico, La Quinta, CA 92253
PHONE: (760) 777-7088 FAX: (760) 777-7155
E-MAIL: ewimmeraasla-quinta.com
PROJECT NAME: Boys & Girls Club - Coachella Veil
PROJECT LOCATION: 49-995 Moon River Drive, La Quinta, CA 92253
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY: $20,435
Project to be administered by County (EDA) on behalf of CITY: YES ❑ NO Eg
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2017-2018 Community Development Block Grant for the Boys
6 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 #I The Boys and Girls Club 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
COUNCIL RESOLUTION 2017-046
EXHIBIT A
EXHIBIT B
File No.: 4.LQ.30-17
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)(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
per Month Units/Year Lkftlicated Persons
Activity #1
CM'
Unit of Service is defined as: Program Participants
81
CPD OUTCOME PERFORMANCE MEASUREMENT
81
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 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
COUNCIL RESOLUTION 2017-046
EXHIBIT A
EXHIBIT B
File No.: 4.LQ.30-17
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 $20,435. 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) j
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment (Program Only)
Audit
Transportation
Other: Scholarships 20,435
Total Indirect Program
$
Expenses
I
Indirect Costs (Specify)*
TOTAL CDBG BUDGET
$20943
-
rr
* All indirect costs must be pre -approved by the County. City must submit an Indirect Cost
Allocation Plan to County, in a form specified by County, demonstrating the appropriate
share of general and administrative costs.
Page 3 of 7
COUNCIL RESOLUTION 2017-046
EXHIBIT A
EXHIBIT B
File No.: 4.LQ.30-17
G. Total Amount of Non- CDBG Leveraging
TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL
FEDERAL $0
STATE/LOCAL $0
PRIVATE $0
OTHER $0
TOTAL: $00
III. 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 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 7
COUNCIL RESOLUTION 2017-046
EXHIBIT A
EXHIBIT B
File No.: 4.LQ.30-17
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.
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.
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.
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 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
COUNCIL RESOLUTION 2017-046 EXHIBIT B
EXHIBIT A File No.: 4.LQ.30-17
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 2017
July 2017
Execute Subrecipient Agreements
August 2017
September 2017
(EDA must approve)
Implement Program Activities
July 1, 2017
March 31, 2018
Execute Supplemental Agreement
August 2017
September 2017
& Notice to Incur Cost
City Submit Quarterly October 15, 2017
Performance Reports to County January 15, 2018
April 15, 2018
County Monitoring of City TBD TBD
Performance
City submit Monthly September 2017 March 2018
Direct Benefit Reports
City Submits Reimbursement
Requests
Monthly Submittal ® September 2017 A mil 15, 2018 ( INAI,)
Other Schedule ❑
CDBG Program Services Complete
March 31, 2018
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
Subrecipient must collect income self -certifications and verifications from every parent or legal
Mardian of every child participating in CDBG-funded activities. 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
COUNCIL RESOLUTION 2017-046
EXHIBIT A
EXHIBIT B
File No.: 4.LQ.30-17
Monthly submittal of reimbursement requests is a mandatory 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 31, 2018, with the City's
final reimbursement request and reports to be submitted no later than April 15, 2018.
Page 7 of 7
COUNCIL RESOLUTION 2017-046
EXHIBIT A
EXHIBIT "R"
CONSTITUTIONAL PROHIBITION
Page 1 of 2
In accordance with First Amendment Church/State Principles, as a general
rule, CDBG/ESG assistance may not be used for religious activities or
provided to primarily religious entities for any activities, 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 architectural 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 (j) (2) of this
section with respect to rehabilitation and under paragraph (j) (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 non -religious use.
(2) CDBG/ESG funds may be used to rehabilitate buildings owned by
primarily religious entities to be used for a wholly secular purpose under
the following conditions:
(i) The building (or portion thereof) that is to be improved
with the CDBG/ESG assistance has been leased to an existing or newly -
established wholly secular entity (which may be an entity established by the
religious entity);
(ii) The CDBG/ESG assistance is provided to the lessee (and not
the lessor) to make the improvements;
(iii) The leased premises will be used exclusively for secular
purposes available 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 made;
(v) The portion of the cost of any improvements that also serve
a non -leased part of the building will be allocated to and paid for by the
lessor;
(vi) The lessor enters into a binding agreement that unless the
lessee, or a qualified successor lessee, retains the use of the 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
COUNCIL RESOLUTION 2017-046
EXHIBIT A
EXHIBIT "R"
CONSTITUTIONAL PROHIBITION
Page 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 subrecipient
from which the CDBG/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 case,
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, CDBG/ESG funds may be used for eligible public
services to be provided through a primarily religious entity, where 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 basis 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 religion;
(iii) It will provide no religious instruction or
counseling, conduct no religious worship or services, engage in no religious
proselytizing, and exert no other religious influence in the provision of
such public services;
(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.
COUNCIL RESOLUTION 2017-046
EXHIBIT A
EXHIBIT "S"
SECTION 3
Page 1 of 2
Economic Opportunities for Section 3 Residents and Section 3 Business
Concerns
Sec. 135.36 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 Housing and Urban Development Act of 1968,
as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to
ensure that employment and other economic opportunities generated by HUD
assistance or HUD -assisted projects covered by section 3, shall, to the
greatest extent 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 CFR 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 them from complying
with the part 135 regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which 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 apprenticeship and training
positions, the qualifications for each; and the name and location of the
person(s) taking applications for each of the positions; and the anticipated
date the work shall begin.
D. The contractor agrees to include this section 3 clause in every
subcontract subject to compliance with regulations in 24 CFR part 135, and
agrees to take appropriate action, as provided in an applicable provision of
the subcontract or in this section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 135. The
contractor will not subcontract with any subcontractor where the contractor
has notice or knowledge that the subcontractor has been found in violation
of the regulations in 24 CFR part 135.
COUNCIL RESOLUTION 2017-046
EXHIBIT A
EXHIBIT "S"
SECTION 3
Page 2 of 2
A. The contractor will certify that any vacant employment positions,
including training positions, that are 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 contractor's
obligations under 24 CFR part 135.
B. Noncompliance with HUD's regulations in 24 CFR part 135 may result
in sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
C. With respect to work performed in connection with section 3 covered
Indian housing assistance, section 7(b) of the Indian Self -Determination and
Education Assistance Act (25 U.S.C. 450e) also applies to the work to be
performed under this contract. Section 7(b) requires that to the greatest
extent feasible (i) preference and opportunities for training and employment
shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian -owned Economic
Enterprises. 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 in derogation of compliance with section 7(b).
COUNCIL RESOLUTION 2017-046
EXHIBIT A ADDITIONAL FEDERAL REQUIREMENTS
PAGE 1 OF 4
EXHIBIT "AFR"
Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal,
State, and local laws and regulations, including but not limited to the
regulations pertaining to the Community Development Block Grant (24 CFR Part
570) and the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200). All contractors, sub-
contractors, consultants, and sub -consultants agree to comply with, and are
subject to, the following Federal requirements (if applicable):
1. Equal Employment Opportunity: Compliance with Executive Order 11246 of
September 24, 1965, entitled "Equal Employment Opportunity", as amended by
Executive Order 11375 of October 13, 1967, and as supplemented in Department
of Labor Regulations (41 CFR chapter 60). The SUBRECIPIENT will not
discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. SUBRECIPIENT will ensure that
all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin. The SUBRECIPIENT
will take affirmative action to ensure that applicants are employed and the
employees are treated during employment, without regard to their race color,
religion, sex, or national origin. Such actions shall include, but are not
limited to, the following: employment, up -grading, demotion, or transfer;
recruitment or recruitment advertising; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
SUBRECIPIENT agrees to post in a conspicuous place, available to employees
and applicants for employment, notices to be provided by the County setting
forth the provisions of this non-discrimination clause;
2. Copeland "Anti -Kickback" Act (18 U.S.C. Section 874 and 40 U.S.C. Section
3145): All contracts and subgrants in excess of $2,000 for construction or
repair awarded by recipients and subrecipients shall include a provision for
compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. Section 874), as
supplemented by Department of Labor Regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States") ("ACT"). The Act provides
that each contractor or subrecipient shall be prohibited from inducing, by
any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he is otherwise
entitled. The recipient shall report all suspected or reported violations to
HUD.
3. Davis -Bacon Act, as amended (40 U.S.C.A. Section 3141): When required by
Federal program legislation, all construction contracts awarded by the
recipients and subrecipients of more than $2,000 shall include a provision
for compliance with the Davis -Bacon Act (40 U.S.C.A. Section 3148) and as
supplemented by Department of Labor Regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and
COUNCIL RESOLUTION 2017-046
EXHIBIT ADDITIONAL FEDERAL REQUIREMENTS
PAGE 2 OF 4
EXHIBIT "AFR"
1. Assisted Construction"). Under the Davis Bacon Act, contractors shall be
required to pay wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the U.S. Secretary
of Labor. In addition, contractors shall be required to pay wages not less
than once a week. The recipient shall place a copy of the current prevailing
wage determination issued by the U.S. Department of Labor in each solicitation
and the award of a contract shall be conditioned upon the acceptance of the
wage determination. The recipient shall report all suspected or reported
violations to HUD.
2, Contract Work Hours and Safety Standards Act (40 U.S.C.A. 3701-3708): Where
applicable, all contracts awarded by SUBRECIPEINT in excess of $2,000 for
construction contracts and in excess of $2,500 for other contracts that
involve the employment of mechanics or laborers shall include a provision for
compliance with the Contract Work Hours and Safety Standards (40 U.S.C.A.
3701-3708), as supplemented by Department of Labor Regulations (29 CFR Part
5). Under Section 40 U.S.C.A. 3702, each contractor shall be required to
compute the wages of every mechanic and laborer on the basis of a standard
workweek of 40 hours. Work in excess of the standard workweek is permissible
provided that the worker is compensated at a rate of not less than 1 1/2
times the basic rate of pay for all hours worked in excess of 40 hours in the
workweek. 40 U.S.C.A. 3704 is applicable to construction work and provides
that no laborer or mechanic shall be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
3. Rights to Inventions Made Under a Contract or Agreement: Contracts or
agreements for the performance of experimental, developmental, or research
work shall provide for the rights of the Federal Government and the recipient
in any resulting invention in accordance with 37 CFR Part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by HUD.
4. Rights to Data and Copyrights: Contractors and consultants agree to comply
with all applicable provisions pertaining to the use of data and copyrights
pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).
5. Air Pollution and Control (formally known as the Clean Air Act) (42 U.S.C.A.
7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C.A. Section
1251 et seq.), as
1. amended: Contracts and subgrants of amounts in excess of $100,000 shall
contain a provision that requires the recipient to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C.A. 7401 et seq.) and the Federal Water Pollution Control Act
COUNCIL RESOLUTION 2017-046
EXHIBIT A ADDITIONAL FEDERAL REQUIREMENTS
PAGE 3 OF 4
EXHIBIT "AFR"
as amended (33 U.S.C.A. Section 1251 et seq.). Violations shall be reported
to HUD and the Regional Office of the Environmental Protection Agency (EPA).
2. Anti -Lobbying Certification (31 U.S.C. 1352): The language of the
certification set forth in this paragraph below shall be included in all
contracts or subcontracts entered into in connection with this grant activity
and all SUBRECIPIENTS 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. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who files to file
the required certification shall be subject to a civil penalty of not less
than $10,000 and no more than $100,000 for such failure.
"The undersigned certifies, to the best of his or her knowledge or belief,
that:
No Federal appropriated funds have been paid or will be paid, by or on behalf
of it, 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;
If any funds other than Federal 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, he/she will complete
and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions."
9. Debarment and Suspension (Executive Orders (E.O.) 12549 and 12689): No
contract shall be made to parties listed on the General Services
Administration's List of Parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and 12689,
"Debarmentand Suspension," as set forth at 2 CFR Part 2424. This list contains
the names of parties debarred, suspended, or otherwise excluded by agencies,
and contractors declared ineligible under statutory or regulatory authority
other than E.O. 12549. Contractors with awards that exceed the small purchase
threshold shall provide the required certification regarding its exclusion
status and that of its principal employees.
10. Drug -Free Workplace Requirements: The Anti -Drug Abuse Act of 1988 (42 U.S.C.
Section 8103) requires grantees (including individuals) of federal agencies,
as a prior condition of being awarded a grant, to certify that they will
COUNCIL RESOLUTION 2017-046
EXHIBIT A ADDITIONAL FEDERAL REQUIREMENTS
PAGE 4 OF 4
EXHIBIT "AFR"
provide drug -free workplaces. Each potential recipient must certify that it
will comply with drug -free workplace requirements in accordance with the Act
and with HUD's rules at 2 CFR Part 2424.
11. Access to Records and Records Retention: The Consultant or Contractor, and
any sub -consultants or sub -contractors, shall allow all duly authorized
Federal, State, and/or County officials or authorized representatives access
to the work area, as well as all books, documents, materials, papers, and
records of the Consultant or Contractor, and any sub -consultants or sub-
contractors, that are directly pertinent to a specific program for the purpose
of making audits, examinations, excerpts, and transcriptions. The Consultant
or Contractor, and any sub -consultants or sub -contractors, further agree to
maintain and keep such books, documents, materials, papers, and records, on
a current basis, recording all transactions pertaining to this agreement in
a form in accordance with generally acceptable accounting principles. All
such books and records shall be retained for such periods of time as required
by law, provided, however, notwithstanding any shorter periods of retention,
all books, records, and supporting detail shall be retained for a period of
at least four (4) years after the expiration of the term of this Agreement.
10. Federal Employee Benefit Clause: No member of or delegate to the congress of
the United States, and no Resident Commissioner shall be admitted to any
share or part of this agreement or to any benefit to arise from the same.
11. Energy Efficiency: Mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan issued
in compliance with the Energy Policy and Conservation Act (Pub. L. 94 - 163,
89 Stat. 871).
12. Procurement of Recovered Materials (2 CFR 200.322.): A non -Federal entity
that is a state agency or agency of a political subdivision of a state and
its contractors must comply with 42 U.S.C. Section 6962 of the Solid Waste
Disposal Act (42 U.S.C. Section 6901, et seq.), as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection.
Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000
or the value of the quantity acquired by the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA
guidelines.