National Com Renaissance/CDBG Sub Recipent 15IMELT41
FROM- Carla Triplett, Housing Coordinator da
rem
The Community Development Block Grant Sub -recipient Agreement between
the City and National Community Renaissance of California for program year
2014-2015 has been finalized. Pursuant to HUD CDBG regulations (24 CFR
540.503) a Sub -recipient agreement is required • the grantee (City o-r'
La Quinta) and the sub -recipient (National Community Renaissance), prior to
the disbursement of funds. Please note that the agreement corresponds with
the County's CDBG Supplemental Agreement between the City and the
County. Enclosed is the agreement that has been reviewed by Staff and
recommended for your approval.
Please review and • where indicated.
1 File No.4.LQ.21-14
2 SUB -RECIPIENT AGREEMENT FOR THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
3
4 This Sub -Recipient Agreement for the Use of Community d Development Block Grant
5 Funds ("AGREEMENT") is made and entered into this 2' day of February, 2015
("EFFECTIVE DATE"), by and between the City of La Quit, a municipal corporation,
6 hereinafter referred to as "CITY", and National Community Renaissance of California, a
California non-profit Corporation, hereinafter referred to as "SUB- CIPIENT".
7 WITNESSETH:
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9 WHEREAS, the Housing and Community Development Act of 1974, Title 1, as amended
(the "ACT"), provides that certain grant funds may be used for certain discretionary projects
10 which primarily benefit low and moderate income persons, persons with disabilities, remove
slums or blight, or which meet urgent community development needs; and
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12 WHEREAS, CITY has received Community Development Block Grant ("CDBG")
funding for the 2014 - 2015 program year through the Urban County CDBG Program
13 administered through the County of Riverside ("COUNTY"), pursuant to that certain
Supplemental Agreement for the Use of 2014 - 2015 Community Development Block Grant
14 Funds, entered into by and between CITY and COUNTY and designated as County File No.
15 4.LQ.19-14,4.LQ.20-14 and 4.LQ.21-14 ("SUPPLEMENTAL AGREEMENT"); and
16 WHEREAS, the CDBG-assisted activities described in this Agreement have been
authorized pursuant to the Supplemental Agreement and comply with one of the national
17 objectives as required under Section 570.200(a)(2) of Title 24 of the Code of Federal
18 Regulations ("CFR")
19 NOW, THEREFORE, the CITY and SUB -RECIPIENT mutually agree as follows:
20 1. PURPOSE. SUB - RECIPIENT promises and agrees to undertake and assist with
21 COUNTY'S community development activities by utilizing the sum of $19,310 ("Total
Granted Funding"), CDBG Entitlement Funds, as specifically identified in Exhibit "A,"
22 which is attached hereto and by this reference is incorporated herein, for the following project:
23 .1 Vista Dunes Community Center Improvements ("Project Name").
2. TERM OF AGREEMENT. This Agreement shall become effective upon the
Effective Date, as defined herein, and shall continue in full force and effect for a period of one
(1) year from JULY 1, 2014 — JUNE 30, 2015. Final reimbursement submission is due to the
City on or before May 15, 2015 ("Date of final submission").
3. INCORPORATION OF All applicable terms
and conditions of the Supplemental Agreement between COUNTY and CITY are hereby
"ofat&d into and made part of this Agreement, and the terms and conditions applicable from
(lit Supplemental Agreement for the Project Name with the Total Grant Funding shall be binding
11'�oft SUB -RECIPIENT.
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4. LETTER TO PROCEED. SUB -RECIPIENT shall not initiate nor incur expenses
for the CDBG funded project/activity covered under the terms of this Agreement prior to
receiving written authorization from the CITY to roceed.
11p
5. DISTRIBUTION OF FlINDS. The CITY shall pay to the SUB -RECIPIENT the
Total Granted Funding amount specified in paragraph I above on a reimbursable basis for all
approved costs, The SUB -RECIPIENT shall submit no more often than monthly to the CDBG
Administrator of COUNTY a certified statement setting forth in detail the expenditures made
11for which it is asking reimbursement along with pertinent supporting documentation.
The CITY shall promptly review the monthly expenditure statement and reimburse the
SUB RECIPIENT for the approved costs in accordance with its usual accounting procedures.
The CITY may require from SUB -RECIPIENT such supporting documentation as may be
necessary and appropriate for the CITY to make its determination as to allowable costs. Each
disbursement of CDBG funds shall be made within thirty (30) days after SUB -RECIPIENT has
submitted, to the CITY, a complete and approved statement of expenditures. In the event the
United States Department of Housing and Urban Development ("HUD") shall determine the
purpose or any of the expenditures above described are ineligible for funding by the CITY, the
SUB -RECIPIENT shall reimburse the CITY the amount of the cost so disallowed.
Mi required direct benefit documentation.
8. HOLD HARMLESS AND INDEMNIFICATION.
a. SUB -RECIPIENT shall indemnify and hold harmless the COUNTY, its
agencies, districts, special districts and departments, their respective directors, officers, Board
1:1 of Supervisors, elected and appointed officials, employees, agents and representatives from any
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liability whatsoever, based or asserted upon any services of SUB -RECIPIENT, its officers,
employees, subcontractors, agents or representatives arising out of or in any way relating to
this Agreement, including but not limited to property damage, bodily injury, or death or any
other element of any kind or nature whatsoever arising from the performance of SUB -
RECIPIENT, its officers, agents, employees, subcontractors, agents or representatives from
this Agreement. SUB -RECIPIENT shall defend, at its sole expense (which includes all costs
and fees including, but not limited, to attorney fees, cost of investigation, defense and
settlements or awards), the COUNTY, its agencies, districts, special districts and departments,
their respective directors, officers, Board of Supervisors, elected and appointed officials,
employees, agents and representatives in any claim or action based upon such alleged acts or
XMI1111160"
With respect to any action or claim subject to indemnification herein by SUB-
ft'ECIPIENT for the benefit of the COUNTY, SUB -RECIPIENT shall, at its sole cost, have the
right to use counsel of its own choice and shall have the right to adjust, settle, or compromise
zny such action or claim without the prior consent of the COUNTY; provided, however, that
?_ny such adjustment, settlement or compromise in no manner whatsoever limits or
circumscribes SUB -RECIPIENT'S indemnification to the COUNTY as set forth herein.
SUB -RECIPIENT'S obligation to defend, indemnify, and hold harmless the COUNT
hereunder shall be satisfied when SUB -RECIPIENT has provided to the COUNTY t
appropriate form of dismissal relieving the COUNTY from any liability for the action or clai
involved. I
The specified insurance limits required in this Agreement shall in no way limit or
circumscribe SUB -RECIPIENT'S obligations to indemnify and hold harmless the COUNTY
herein from third party claims.
b. SUB -RECIPIENT shall indemnify and hold harmless the CITY, i
agencies, districts, special districts and departments, its and their respective directors, officer
City Council members, elected and appointed officials, employees, agents and representativ
from any liability whatsoever, based or asserted upon any services of SUB -RECIPIENT, i
officers, employees, subcontractors, agents or representatives arising out of or in any wa,
relating to this Agreement, including but not limited to property damage, bodily injury,•
death or any other element of any kind or nature whatsoever arising from the performance•
SUB -RECIPIENT, its officers, agents, employees, subcontractors, agents or representativ
from this Agreement. SUB -RECIPIENT shall defend, at its sole expense (which includes a
costs and fees including, but not limited, to attorney fees, cost of investigation, defense ans
settlements or awards), the CITY, its agencies, districts, special districts and departments, i
and their respective directors, officers, City Council members, elected and appointed official
employees, agents and representatives in any claim or action based upon such alleged acts•
omissions.
With respect to any action or claim subject to indemnification herein by SUB -
RECIPIENT for the benefit of the CITY, SUB -RECIPIENT shall, at its sole cost, have the
right to use counsel of its own choice and shall have the right to adjust, settle, or compromise
any such action or claim without the prior consent of the CITY; provided, however, that any
such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes
SUB -RECIPIENT'S indemnification to the CITY as set forth herein.
MMMUM
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 CITY'S Risk Manager, provide original
2 Certified copies of policies including all Endorsements and all attachments thereto, showing
3 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
4 given to the CITY prior to any material modification, cancellation, expiration or reduction in
coverage of such insurance. In the event of a material modification, cancellation, expiration, or
5 reduction in coverage, this Agreement shall terminate forthwith, unless the CITY receives, prior
6 to such effective date, another properly executed original Certificate of Insurance and original
copies of endorsements or certified original policies, including all endorsements and
7 attachments thereto evidencing coverages set forth herein and the insurance required herein is in
full force and effect. SUB -RECIPIENT shall not commence operations until the CITY has been
8 if Ina", ww .x,lLc Awfw endorsements and
9 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
t 0 to do so on its behaall sign the original endorsementsfor each policy and the Certificate of
#vce.
11 (iv) It is understood and agreed to by the parties hereto that the SUB-
12 RECIPIENT'S insurance shall be construed as primary insurance, and the CITY'S insurance
and/or deductibles and/or self -insured retention's or self -insured programs shall not be
13 construed as contributory.
(v) If, during the term of this Agreement or any extension thereof,
14 there is a material change in the scope of services; or, there is a material change in the
15 equipment to be used in the performance of the scope of services, or the term of this Agreement,
including any extensions thereof, exceeds five (5) years, the CITY reserves the right to adjust
16 the types of insurance required under this Agreement and the monetary limits of liability for the
insurance coverages currently required herein, if, in the CITY'S Risk Manager's reasonable
17 judgment, the amount or type of insurance carried by the SUB -RECIPIENT has become
18 inadequate, (vi) SUB -RECIPIENT shall pass down the insurance obligations
19 contained herein to all tiers of subcontractors working under this Agreement.
(vii) The insurance requirements contained in this Agreement may be
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met progo-insurance acceptable to the CITY. with a ram(s)•f self
(viii) SUB -RECIPIENT agrees to notify CITY of any claim by a third
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party or any incident or event that may give rise to a claim arising from the performance of this
22 greement.
23 10. MGRAM INCOME. SUB -RECIPIENT, who is a subrecipient as defined in
24 Sections 570.500(c) and 5X504, shall not retain any program income as defined in Section
570.500 of Title 24 of the Code of Federal Regulations. Any and all program income shall be
25 retained by the COUNTY.
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11. INDEPENDENT CQNTRACTOR. SUB -RECIPIENT and its agents, servants
27 and employees shall act at all times in an independent capacity during the term of this
Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be
2 8 agents, officers or employees of the CITY or COUNTY.
12. NONDISCRIMINATION. SUB -RECIPIENT shall abide by Sections 570.601
?nd 570.912 of Title 24 of the Code of Federal Regulations, which require that no person in the
United States shall • the ground • race, •;r religion, • origin, • sex, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination • any
program or activity funded in whole •; in •. with CDBG funds.
13. RELIGIOUS ACTIVITIES and CONFLICT,OF INTEREST. Under federal
regulations CDBG assistance may not be used for inherently religious activities • provided
to primarily religious entities for any activities including secular activities. SUB -RECIPIENT
shall adhere to the restrictions set forth in 24 CFR §570.2000) and §570.611 and by this
reference is incorporated herein.
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16. ENTIRE AGREEMENT. It is expressly agreed that this Agreement and
applicable provisions of the Supplemental Agreement for the Project Name with the Total
Grant Funding identified in Paragraph I of this Agreement embody the entire agreement of the
parties in relation to the subject matter hereof, and that no other agreement or understanding,
verbal or otherwise, relative to this subject matter, exists between the parties at the time of
execution.
17. RROJECT ELIGIBILITY. As to SUB -RECIPIENT or its claimants, CITY shall
bear no liability for any later determination •' the United States Government, the Department
of Housing and Urban Development, or any other person or entity, that SUB -RECIPIENT is or
is not eligible under 24 CFR Part 570 to receive CDBG funds.
18. MODIFICATION OF AGREEMENT. This agreement may be modified or
amended only by a writing signed by the duly authorized and empowered representatives of
CITY • SUB -RECIPIENT, respectively.
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19. COUNTERPARTS. This Agreement may be executed in two or more
2 counterparts each of which shall be deemed an original, and together which shall be considered
one instrument with the same effect as if the signatures thereto and hereto were upon the same
3 instrument together and shall constitute one and the same instrument.
4 SIGNATURES
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Page 9 of 7
1 IN WITNESSWHEREOF, the CITY and the SUB -RECIPIENT have executed this
2 Agreement as of the date listed below.
3
4 CITY OF LA TA:
Digitally signed by Frank J. Spevacek
DN: serialNumbe-1 n615nh01202cvmj, c=US,
5 st=California, I=La Quinta, o=FrankJ.
Spevacek cn=Frank J. Spevacek
6 By: Date: 2015.04.09 16:29:46-07'00'
Frank J. Spevacek, City Manager
7 Frank J. Spevacek
8 Print Name
9
10 ATTEST:
Digitally signed by City of La Quinta
DN: serialNumber, 6fmhzhdhvfjz93cr, c=US,
11 >^"'� st California,) La Quinta, o City of La Quinta,
cn-City of La Quinta
Date: 2015.04.09 16:34:34-07'00'
12 Susan Maysels, City Clerk
13
14 APPROVED AS TO FORM:
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WilliamH. Ire, City Attorney
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S CIPIENT:
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c*y Ike ;
22
23 Chief F 1
24 Print Name
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Dated:
Dated:
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EXHIBIT A
SCOPE OF WORK
(PUBLIC SERVICE)
SUBP,ECIPIENT NAME: National Community Renaissance of California
ADDRESS: 9421 Haven Avenue,. Rancho Cucamonga, CA 91730
PROGRAM CONTACT: Tracy.Thomas
PHONE: 909-483-2444 FAX: 909-483-2448
E-MAIL: tt nationalcore.oEg
PROJECT NAME: Vista Dunes Co unit Center Improvements
PROJECT LOCATION: 44-950 Vista Dunes Lanes. La Ouinta _
LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion 24 CFR 58.35
CDBG ELIGIBILITY CODE: 570,201 (c) Public Facilities
_1PIDUS
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's subrecipient will use CDBG funds to complete upgrades to the City -owned
affordable housing apartment homes. CDBGfunds will be used to purchase and installfencing,
complete lighting upgrades, and increase storage capacity at the onsite community center.
These improvements will increase the safety and security of residents and their children, as
well as allow additional space for program supplies, and equipment, to be stored onsite,
B. Levels of Accomplishment — Goals and Performance Measures
The SUB -RECIPIENT agrees to provide the following levels of program services:
Activity #1: Prepare plans and specifications for facility improvements
Activity #2: Implement and complete construction activities
Unit of Service is defined as: number served and client
T4&t 4 4v Qumr,5u
MEMORANDUM
M-77"_ �
FROM: Carla Triplett, Housing Coordinator 6[
RE: CDBG Funding
Sub -Recipient Agreement for the 2014-2015 CDBG Program Year
Requesting department shall check and attach the items below as appropriate:
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or - reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does
not meet the definition in FPPC regulation 18701(21.
Authority to execute this agreement is based upon:
Approved by the City Council on December 3, 2013 — Resolution 2013-057
City Manager's signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
City Manager's signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
City Manager's signature authority provided under Contract Change Order Policy
Contracts under $100,000 = 10%® max, contracts over $100,000 = $25,000 max
The following required documents are attached to the agreement:
Insurance certificates as required by the agreement (initialed by Risk Manager on
Performance bonds as required by the agreement (originals)
City of La Quinta Business License (copy or note number & expiration date here
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