Loading...
CC Resolution 2016-034RESOLUTION NO.2016 - 034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUPPLEMENTAL AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR AMERICANS WITH DISABILITES ACT IMPROVEMENTS AT VARIOUS CITY OWNED PARKS AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY — LA QUINTA UNIT. WHEREAS, the Community Development Block Grant funds for Fiscal Year 2015/16 is identified to be $125,755; and, WHEREAS, the City of La Quinta must submit to the County of Riverside Economic Development Agency a signed Supplemental Agreement to utilize the Community Development Block Grant Funds and, WHEREAS, the use of the Community Development Block Grant Fund was openly discussed and considered by the City Council at their regular meeting on December 1, 2015; and, WHEREAS, on December 1, 2015, by a majority vote of the City Council of the City of La Quinta, California, the following proposal(s), were selected: PROJECT NAME 1. Miscellaneous Parks ADA Improvements 2. Fee Waiver/Reduction Program SPONSOR AMOUNT City of La Quinta $105,634 Coachella Valley $ 20,121 Boys and Girls Club La Quinta Unit NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the City of La Quinta does hereby approve the Supplemental Agreement (Exhibit A) for the use of Community Development Block Grant Funds for Fiscal Year 2016/17 for the above names project(s). SECTION 2. That the City Council hereby directs the City Manager to disperse the funding amounts in accordance with the programming procedures of the Community Development Block Grant program. Resolution No. 2016-034 Community Development Block Grant - Supplemental Agreement Adopted: August 2, 2016 Page 2 of 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of August 2016, by the following vote: AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City CleV City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California EXHIBITI A 9 10 11 File No.: 4.LQ.26-16 and 4.LQ.27-16 SUPPLEMENTAL AGREEMENT FOR THE USE OF 2016-2017 COMMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Supplemental Agreement ("Agreement") is entered into this day of j 2016, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, herein called, "COUNTY," and the CITY OF LA QUINTA, herein called "CITY." COUNTY and CITY are collectively referred to as "Parties" and individually as 1. "Party." The COUNTY and CITY mutually agree as follows: 1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated 12 July 15, 2015 ("Cooperation Agreement"), whereby CITY elected to participate with COUNTY, 13 which has qualified as an "Urban County' for purposes of receiving Community Development 14 Block Grant (CDBG) funds ("CDBG"), and to assist and undertake essential community 15 development and housing assistance activities pursuant to the Housing and Community 16, Development Act of 1974, Title 1, as amended, Public Law 93-383 hereinafter referred to as 17 "Act." Said. Cooperation Agreement, dated July 15, 2015, is incorporated herein by reference and 18 made a part of this Agreement as if each and every provision was set forth herein. 19 , 2. PLTRF(E CITI' promises and agrees to undertake and assist with the 20 community development activities, within its jurisdiction, by utilizing the sum of $125,755, 21 CDBG Entitlement Funds, as specifically identified in Exhibit(s) A and B ,attached hereto, and 22 are incorporated herein by this reference, for the following project(s) (collectively, the 23 24 25 26 27 28 "Projects"): A. 4.LQ.26-16 City of La Quinta ADA Improvements $105,634 B. 4.LQ.27-16 Boys and Girls Club - Coachella Valley $20,121 3. TERM OF AGREEMENT. The term of this Agreement for the implementation of the Project(s) shall be for a period of one (1) year from July 1, 2016 to Page 1 of 20 1 2 3 4 5 6. 7 8 9 10 11 termination on June 30, 2017. City shall proceed consistent with the completion schedule set forth in Exhibit(s) A and B, attached hereto and incorporated herein. In the event the Project(s) are not substantially completed by the time set forth in the applicable completion schedules due to a force majeure event (See Section 24 below), the COUNTY may consider extending the schedule for the completion of the project(s). Times of performance for other activities may also be extended in writing by COUNTY. If substantial progress toward completion in conformance with the completion schedule, as determined by COUNTY in its discretion, of the project(s) are not made during the term of this Supplemental, Agreement, COUNTY may suspend or terminate this Supplemental Agreement pursuant to the termination procedures set forth in the section titled "Termination," and the entitlement funds associated with the Project(s) may be reprogrammed by the COUNTY after appropriate notice is provided to the City. 12 4. DISPOSITION OF FUNDS. 13 A. COUNTY's Board of Supervisors shall determine the final disposition and 14 distribution of all funds received by COUNTY under the Act consistent with Sections 2 and 3 of 15 this Supplemental Agreement. COUNTY, through its Economic Development Agency, shall 16 make payment of the CDBG funds to CITY as set forth in. the attached Exhibit(s) A and B. It is 17 the CITY's responsibility to monitor all project activities set forth in the attached Exhibit(s) A 18 and B, and to ensure compliance with applicable federal regulations and the terms of this 19 Supplemental Agreement. 20 B. CITY shall comply with timely drawdown of CDBG Entitlement funding 21 by expeditiously implementing and completing the COUNTY -approved, CDBG-funded Projects. 22 CITY acknowledges that CITY's drawdown performance directly impacts the COUNTY's 23 ` overall program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January 24 31, 2017, exceeds one hundred and seventy-five percent (175%) of the CITY's 2016-2017 s 25 CDBG allocation, the COUNTY may, in its sole discretion, take the necessary administrative 26 actions to reduce the CITY's CDBG fund balance. Necessary actions include, but are not limited 27 to, reprogramming the excess CDBG fund balance to other eligible activities as selected by 28 (I Page 2 of 20 I COUNTY. COUNTY may, in its sole and absolute discretion, authorize CITY in writing, prior 2 ' to January 31, 2017, to'exceed the CDBG fluid balance requirement. 3, C. CITY shall comply with timely drawdown of CDBG funds by submitting 4 monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All 5 disbursements of CDBG funds will be on a reimbursement basis and made within thirty (30) 6 days after the COUNTY has received the CITY's reimbursement request including 7 documentation supporting expenditures. 8; D. All authorized obligations incurred in the performance of the 9 'Supplemental Agreement for projects eligible under the following CDBG regulations must be 10 reported in writing- to COUNTY no later than 'une 4.2017: 11. ; 1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)] 12 2. Clearance Activities [24 CFR 570.201 (d)] 13 3. Interim Assistance [24 CFR 570.201 (f)] 14. 4. Code Enforcement [24 CFR 570.202 (e)] 15' All public service activities [24 CFR .570.201 (e)] and other eligible activities under this 16 Supplemental Agreement must be implemented, completed, and obligations reported in writing 17 to the COUNTY by the CITY no later than the completion- schedules set forth in the attached 18, Exhibits to this Supplemental Agreement. "CFR" as used herein refers to the Code of Federal 19. Regulations. 20 5. COOPERATION WITH_HOUS`TNCa ACTi'ITLE CITY shall cooperate with Zl COUNTY in undertaking essential community development and housing assistance activities; 22 I.specifically urban renewal and public assistance housing, and shall assist COUNTY in 23 ;implementing and undertaking the goals and strategies identified in the 2014-2019 Five Year. 24 Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community 25 Development Block Grant Program. 26 6. LEAD AGENCY..... FOR_ fOMPI IANCE._ WITH. --..THE _ CALIFORNIA, 27 EN 11RONMENTAL ;QUALITY ACT (CEOA-� Pursuant to Section 15051(d) of Title 14 of the' 28 II Page 3 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 California Administrative Code, the CITY is designated as the lead agency for the projects that are the subject matter of this Supplemental Agreement. 7. HOLD HARMLESS AND IND MN1171CATION'. In. contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages including, but not limited to, claims, demands, losses, liabilities, costs and expenses including reasonable attorneys' fees, resulting from the negligent or wrongful acts or omissions of their employees or agents in the performance of this Agreement, and each Party shall indemnify, defend and hold. harmless the other Parties from such claims, demands, damages, losses or liabilities for their negligence 8. INSURANCE. Without limiting or diminishing the CITY obligation to indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be I maintained, at its sole cost and expense, the following insurance coverage's during the term of ! this Agreement. a. Workers' C:pr�eiisation: If the CITY has employees as defined by the State of California, the CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside. b. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of Page 4 of 20 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CITY'S performance of its obligations hereunder. Policy shall name the County of Riverside as Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate. limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. C. Vehicle Liability: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single 'limit: If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside as Additional Insured. d. General Insurance Provisions - All lines: (i). Any insurance carrier providing insurance coverage hereunder, .shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII I (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. (ii). The CITY'S insurance carrier(s) must declare its insurance self-. .insured- retentions. If such self -insured retentions exceed. $500,000 per occurrence such retentions shall have the prior written consent of the County Risk Manager before the 22 commencement of operations under this Agreement. Upon notification of self -insured retention 23 unacceptable to the COUNTY, and at the election of the Country's Risk Manager, CITY'S 24 carriers shall either; 1) reduce or eliminate such self -insured retention as respects this Agreement 25 1with the COUNTY, or 2) procure a bond which guarantees payment of losses and related 26 investigations, claims administration, and defense costs and expenses. 27 28 Page 5 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (iii). CITY shall cause CITY'S insurance can-ier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. CITY shall not commence operations until the ,COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements each policy and the Certificate oflnsurance. (iv). It is understood and agreed to by the parties hereto that the CITY'S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self -insured retention's or self -insured programs shall not be construed as contributory. (v). If, during the tern of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of or, the term of this Agreement, including any Page 6 of 20 I 2 3 Iextensions thereof, exceeds -five (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage's currently required Herein, if; in the County Risk Manager's reasonable judgment, the 4, amount or type of insurance carried by the CITY has become inadequate. 5 (vi). CITY shall pass down the insurance obligations contained herein 6 :to all tiers of subcontractors working under this Agreement. 7 (vii). 'The `insurance requirements contained in this Agreement may be 8 met with a program(s) of self-insurance acceptable to the COUNTY. 9 viii . CITYagrees ees to notify COUNTY of an claim b a third or ( ...) � Y Y Y party 10 any incident or event that: may give rise to a claim arising from the performance of this 11 Agreement. 12 9. RECORDS AND INSPECTIONS. 13 A. CITY shall establish and maintain financial, programmatic, statistical, and 14 other supporting records of its operations and financial activities in accordance with the Uniform 15 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 16 CFR 200.333), and 24 CFR Part 84 and 85, as amended, and 24 CFR Section 570.502 (a), as 17 -they relate to the acceptance and, use of federal funds under this Agreement. Said records shall be 18 retained for a period of four (4) years from the. date that the activity or program funded with the 19 CDBG Grant is closed out by the COUNTY and reported as complete in the Comprehensive 20. Annual Performance and Evaluation Report (CAPER). Exceptions to the four (4) year retention 21; period requirement, pursuant to 2 CFR 200.333 include the following: 22 i. if any litigation, claim, or audit is started prior to the expiration of 23 the four (4) year period; 24 ii. when the CITY is notified in writing by the COUNTY, HUD, or 25 other Federal agency to extend the retention period; 26 iii. records for real property and equipment acquired with CDBG 27 funds must be retained, for four (4) years after final disposition; 28 Page 7 of 20 1 iv. when the records are transferred by the CITY to the COUNTY, 2 HUD, or other Federal agency, the four (4) year period is not applicable. 3 B. CITY shall obtain an external audit. in accordance with the Uniform 4 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 5 CFR 200.500). Audits shall usually be performed annually but not less frequently than every two 6 years. Nonprofit institutions and government agencies that expend less than $750,000 a year in 7 Federal awards are exempt from Federal audit requirements, but records must be available for 8 review by appropriate officials of the Federal grantor agency or subgranting entity. The audit 9 report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal 10 year. 11 12: 13 C. CITY shall maintain a separate account for the CITYS CDBG Entitlement funds received as set forth in Exhibit(s) A and B, attached hereto. D. Pursuant to 2 CFR 200.336, CITY shall, during the normal business hours, 14.. make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD), 15 or other authorized representative, for the examination and copying, all of its records and other 16 materials with respect to matters covered by this Agreement and provide reasonable access to 17 CITY staff for the purpose of interview and discussion related to the records and documents. 18 E. CITY shall not retain any program income as defined in 24 CFR 570.500 19 ;570.500. Said program income shall be used only for the activities that are the subject of this 20 Agreement. Further, all provisions of this Agreement shall apply to such activities. 21 F. The CITY shall ensure that at least fifty-one percent (51%) of the persons 22 . benefiting from all CDBG-funded activities or projects designated as serving limited clientele 23 [24 CFR 570.208(a)(2)(i)] are of low and moderate -income and meet the applicable household 24 income guidelines. The CITY shall provide the required income certification and direct benefit 25 documentation, in writing, to the COUNTY pursuant to the reporting requirement of each 26 activity as set forth in Exhibit(s) A and B, attached hereto. In the event that CITY engages the 27 services of a sub -contractor to implement CDBG-funded activities, the CITY must collect, in 28 Page 8 of 20 writing, all required income certification and direct benefit documentation from subcontractors: prior to submittal to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A and B, attached hereto. 10. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal, state, and local laws, regulations, and ordinances and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in the Uniform Administrative Requirements, Cost Principles; and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended, or any subsequent replacement. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above mentioned Cooperation Agreement. CITY shall comply, if applicable, with Section 3 of the Housing & Urban Development Act of 1968, as amended, attached hereto as Exhibit "S". and incorporated herein by this reference. CITY shall also comply with the provisions of.24 CFR 570.200 (j), attached hereto as Exhibit "R," and incorporated herein by this reference,. pertaining to inherently, religious activities. 11. INDEPENDENT CONTRACTOR. The CITY is, for purposes relating to this Supplemental Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CITY (including its employees, agents and subcontractor's) shall in no event be entitled to any benefits to which the COUNTY employees are entitled, including but not limited to overtime, any retirement benefits,, worker's compensation benefits- and injury leave or other leave benefits. There shall, be no employer - employee relationship between the parties; and the CITY shall hold the 'COUNTY harmless from any and all claims that may be made against the COUNTY based upon any contention by a third party that an employer -employee relationship exists by reason of this Supplemental Agreement. It is further understood and agreed by the .parties, that the CITY in the performance of this Supplemental Agreement is subject to the control or direction of the COUNTY merely as to.the results to be. accomplished and not as to the means and methods for accomplishing the results. Page 9 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 12. TER.MINTATION. A. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY, pursuant to 2 CFR 200.339 (a)(3). B. COUNTY. Notwithstanding the provisions of Paragraph 12a above, COUNTY may suspend or terminate this Supplemental Agreement upon a ten (10) day written notice to CITY of action being taken and the reason for such action including, but not limited to, following reasons: (1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Supplemental Agreement; and (2) In the event there is a conflict with any federal, state or local law, i ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement invalid or untenable; or (3) In the event the fielding from the Department of Housing and Urban Development referred to in Sections 1 and 2 above is terminated or otherwise becomes unavailable. 16 C. This Agreement may be terminated and/or funding suspended, in whole or 17 : in part, for cause in accordance with the Uniform Administrative Requirements, Cost Principles, 18 and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be based on the 19 ' failure of the CITY to materially comply with either the terms or conditions of this Agreement. 20 i rUpon suspension of funding, the CITY agrees not to incur any costs related thereto, or connected 21 :with, any area of conflict from which the COUNTY has determined that suspension of funds is 22 necessary. CITY acknowledges that failure to comply with Federal statutes, regulations, or the: 23 terms and conditions of this Agreement may be considered by the COUNTY in evaluating future 24 ` <CDBG and non-CDBG funding applications submitted by CITY. 25 D. Upon suspension or termination of this Supplemental Agreement, CITY 26 shall return any unencumbered funds which it has been provided by COUNTY. In accepting said 27 funds, COUNTY does not waive any claim or cause of action it may have against CITY for 28 11 Page 10 of 20 1'' 2 3 4 5 6, 7 8 9 1.0 11 12 13 breach of this Supplemental Agreement. E. Reversion of Assets 1. Upon expiration or termination of this Supplemental Agreement, 1 the CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of I the Supplemental Agreement as well as any accounts receivable held by CITY which are 1. attributable to the use of CDBG funds awarded pursuant to this Supplemental Agreement. 2. Any real property under the CITY'S control that was acquired or in whole or in part with CDBG funds (including CDBG funds provided to the CITY in the form of a loan) in excess of $25,000 is either: (i) Used to meet one of the National Objectives pursuant to 24 CFR 570.208 until five years after expiration of this agreement, or for such longer period of time as determined to be appropriate by the COUNTY; or (ii) Not used in accordance with Clause (i) above, in which 14 event the CITY shall pay the COUNTY an amount equal to the current market value of the 15 property less any portion of the value attributable to expenditures of non-CDBG funds for the 16 acquisition of, or improvement to, the property. 17 13. NONDISCRIMINATION. CITY shall abide by 24 CFR 570.601 and 570.602 of 18 :Title 24 of the Code of Federal -Regulations which requires that no person in the United States 19 shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be 20 ' ,denied the benefits of, or be subjected to discrimination under any program or activity funded in 21 whole or in part with Community Development funds. CITY shall abide by and include in any 22 subcontracts to perform work under this Supplemental Agreement, the following clause: 23 "During the performance of this Supplemental Agreement, CITY and its subcontractors 24 shall not unlawfully discriminate against any employee or applicant for employment 25 because of race, religion, color, national origin, ancestry, physical handicap, medical 26. condition, marital status, age (over 40) or sex. CITY and subcontractors shall insure that 27 the evaluation and treatment of their employees and applicants for employment are free 28 II Page 11 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 i 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of such discrimination. CITY and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Commission are implementing California Government Code Section 12990 et seq., set forth in Chapter 1 of Division 4.1 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement." 14. PROHIBITION AGAINST CONFLICTS. OF INTEREST A. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 1570.611. B. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. C. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. D. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted. activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes Page 12 of 20 I of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, 2 officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public 3 ;agency. 41 ' E. CITY understands and agrees that no waiver of exception can be granted 5 to the prohibition against: conflict of interest except upon written approval of HUD pursuant to 61. 24 CFR 570.611 (d): Any request by CITY for an exception shall first be reviewed by COUNTY 7 to determine whether such request is appropriate for submission to HUD; in the COUNTY'S sole 8 and absolute discretion. In determining whether such request is appropriate for submission to 9 HUD, COUNTY will consider the factors listed in 24 CFR 570.611 (d)(2). 10 1F. Prior.to the distribution of any CDBG funding, under this Supplemental 11 :Agreement, CITY shall provide COUNTY, in writing, a list; of _:all employees, agents; 12 'consultants, officers,and elected and appointed officials who are in a -position to participate in -a 13 decision making process, exercise any functions or responsibilities, or gain inside information 14 with respect to the CDBG activities funded under this Agreement. CITY shall also promptly 15 ;disclose to COUNTY any potential conflict, including even the appearance of conflict that may 16 :arise with respect to the CDBG activities funded under this Supplemental Agreement. 17 G. Any.violation of this Section 14 shall be deemed.a material breach of this. 18 Supplemental Agreement, -and the Supplemental Agreement shall be immediately terminated by 19 ahe COUNTY. 20 15. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no 21 `liability for any later determination by the United States Government, the U.S. Department of 22 Housing and. Urban Development, or any other person or entity that CITY is or is not eligible 23 under 24 CFR Part 570 to receive CDBG entitlement funds from the COUNTY. 24 16. USE OF PROPERTY. Whenever federal CDBG funds or program income are 25 used, in whole or in part, for the purchase of equipment or personal property, the property shall 26 not be transferred from its originally fwided use, by CITY or the CITY' S subcontractor 27 implementing the CDBG-funded activity, for a period of five (5) years from the close-out date of 28 Page 13 of 20 10 11 12 13 14 15 . 16 17 l8 19 20 21 22 23 24 25 26 27 28 I the grant from which CDBG assistance was provided. The CITY shall maintain a current j inventory for COUNTY monitoring and review. 17. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify in writing, and to cause any subcontractor implementing CDBG-funded Projects ,to notify, in writing, the Riverside County Workforce Development Center of any and all job openings that are caused by the CDBG-funded Projects under this Supplemental Agreement. 18. F,U-BLIC ITY. Any publicity generated by CITY for the Projects funded pursuant Jo this Supplemental Agreement will make reference to the contribution of the COUNTY, the Economic Development Agency, and the Community Development Block Grant Program in making the project possible. 19. PROGRAM MONITORING AND. EVALUATION. CITY and its subcontractors shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Supplemental Agreement and the effective and efficient achievement of the CDBG National Objectives as set forth in Exhibit(s) A and B, attached hereto. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to, the following I data elements: A. Title of program, listing of components, description of activities/operations. B. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals and identify any problems encountered in meeting goals. C. If the CDBG-funded activity meets a National Objective under 24 CFR 570.208 (a)(2)(i), CITY will report the following: 1) Total number of direct beneficiaries (clientele served) with household incomes at: Page 14 of 20 1 111 ,,iv Above 80% MHI 2 a Between 50% and 80% MHI (Low -Income) 3 -0; Between 30% and 50% MHI (Very Low -Income) 4 Less than 30% MHI (Extremely Low -Income) 5 2) Total number and percent (%) of the clientele served that have, 6 . household incomes at or below 80% MHI 7 3) Racial ethnicity of clientele 8 4) Number of Female -Headed Households 9 D. CITY shall report, in writing, and cause its subcontractors to report, in 10 writing, beneficiary statistics monthly to the Economic Development Agency (EDA) on the pre- 11 approved Direct Benefit Form and Self -Certification Form (certifying income, family size, and 12 racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by EDA should 13 HUD implement changes during the term of this Supplemental Agreement. CITY and. 14 'subcontractors will collect and provide all necessary data required by HUI) pertaining to the 15 Specific Outcome Indicators as identified in HUD's Community Planning and Development 16 (CPD) Outcome Performance Measurement System. 17 20. SOURCE' OF FUNDING. CITY acknowledges that the source of funding 18 pursuant to this Supplemental Agreement is - Community Development Block Grant finds. 19 (CFDA ,14.218), and the GrantAward Number is B-16-UC-06-0506. 20 2 L ENTIRE AGREEMENT. This Supplemental Agreement, including any 21 attachments or exhibits hereto constitutes the entire Supplemental Agreement of the, parties with 22 ' respect to its subject :matter and supersedes all prior and contemporaneous representations, 23 proposals, discussions and communications, whether oral or in writing. No oral understanding or 24 agreement not incorporated herein shall be binding on any of the parties hereto. Each of the 25 attachments and exhibits_ attached,hereto is -incorporated herein by this: reference: 26 22. MINISTERIAL., ACTS The Assistant County Executive Officer/EDA or 27 designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to 28 11 Page 15 of 20 1 2 3 4 5 6 7 8 9 implement the terms, provisions, and conditions of this Supplemental Agreement as it may be amended from time -to -time by COUNTY. 23. PRIOR AUTHORIZATION: CITY shall obtain COUNTY's written approval from the COUNTY'S Economic Development Agency prior to implementing the following I "high risk" activities funded with CDBG assistance: A. Construction of public facilities (project plans and specifications); IC 5 IIM 10 II F. Acquisition of real property; Historic Preservation; Relocation; and Economic Development 11 24. FORCE MAJEURE. 12 A. Performance by either party hereunder shall not be deemed to be in default 13 where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, 14 earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine 15 restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, 16 litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays 17 of any contractor, sub -contractor or supplier, acts of the other party, acts or failure to act of a 18 public or governmental agency or entity, or any causes beyond the control or without the fault of 19 the party claiming an extension of time to perform. 20 & An extension of time for any such cause (a "Force Majeure Delay") shall 21 `)[be for the period of the enforced delay and shall commence to run from the time of the 22.commencement of the cause, if notice by the party claiming such extension is sent to the other 23 party within thirty (30) calendar days of knowledge of the commencement of the cause. 24 Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure 25 Delay unless and until the party claiming such delay and interference delivers to the other party 26 written notice describing the event, its cause, when and how such party obtained knowledge, the 27 date the event commenced, and the estimated delay resulting therefrom. Any party claiming a 28 Page 16 of 20 I Force Majeure Delay shall deliver such written notice within thirty (30) calendar days after it 2 obtains knowledge of the event. 3 25. JURISDICTION AND VENUE: Any action at law or in equity arising under this 4 Supplemental Agreement or brought.by a party:hereto. for the purpose of enforcing, construing or 5 determining the validity of any provision of this Supplemental Agreement shall be filed in the 6 consolidated Courts of Riverside County, State of California, and the parties hereto waive all 7 provisions of law providing for the filing, removal .or change of venue to any other court or 8 jurisdiction 91 26. SEVERABILITY. Each paragraph and provision of this Supplemental 10, ;Agreement is severable from each other provision, and if any provision or part thereof is 11 :declared invalid, the remaining provisions shall remain in full force and effect. 12 , 27. WAIVER. Failure by a party to insist upon the strict performance of any of 13 the provisions of this Supplemental Agreement by the other party, or the failure by a party to 14 exercise its rights upon the default of the other party, shall not constitute a waiver of such party's 15 rights to insist and demand strict compliance by the other party with the terms of this 16 ; Supplemental Agreement thereafter. 17 28. NOTICES. Each notice, request, demand, consent, approval or other 18 communication (hereinafter in this Section referred to collectively as "notices" and referred to 19 :;singly as a "notice") which the CITY or COUNTYis required or permitted to give to the other 20 party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and 21' sufficiently given if (a) personally delivered with proof of delivery thereof (any notice so 22 ; :delivered shall be deemed to have been received at the time so delivered); or (b) sent by Federal 23 Express (or other similar national overnight courier) designating early morning delivery (any 24, notice so delivered shall be deemed to have been received on the next Business Day following 25 : ''receipt by the courier); or (c) sent by United States registered or certified mail, return receipt 26 requested, postage prepaid, at a post office regularly maintained by the United States Postal 27 , Service (any notice so sent shall be deemed to have been received two days after mailing in the 28 Page ,17 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States), addressed to the respective parties as follows: COUNTY Assistant County Executive Officer/EDA Economic Development Agency P.O. Box 1180 CITY Frank Spevacek City of La Quinta 78-495 Calle Tampico Riverside, CA 92502_ La Quinta, CA 92253 29. LOBBYING. CITY certifies to the best of its knowledge and belief, that: a. No federally -appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the .making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federally -appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member. of Congress, an officer or employee of. Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the CITY shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. CITY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. 30. INTERPRETATION AND GOVERNING LAW. This Supplemental Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the Page 18 of 20 1 laws of the State of California. This Supplemental Agreement shall be construed as a whole 2 according to its fair language and common meaning to achieve the objectives and purposes of the 3 : parties hereto, and the rule of construction to the effect that ambiguities are to be resolved 4 against the drafting, party shall not be employed in interpreting this Supplemental Agreement, all 5 " 'parties having:been represented by, counsel in the negotiation and preparation hereof 6 . ' 31. AUTHORITY TO _EXECUTE. The persons executing this Supplemental 7 Agreement or exhibits attached hereto on behalf of the parties to this Supplemental Agreement 8 hereby warrant and represent that they have the authority to. execute this Supplemental 9 . ;Agreement and .warrant and represent that they have the authority" to bind the respective parties 10 . to this Supplemental Agreement to the performance of its obligations hereunder. 11 32. EFFECTIVE DATE. The effective date "of this Supplemental Agreement is the 12 date the parties sign the Supplemental Agreement. If " the parties sign the. Supplemental 13 ;Agreement "on more than one date, then the last date the Supplemental Agreement is signed by a 14 party shall be the effective date. 151, 33. COUNTERPARTS. This Supplemental Agreement. may be signed by the 16 "`different parties. hereto in counterparts, each of which shall be. an original but all of which 17 together shall- constitute one and the same agreement. 18 ; 34. LETTER TO PROCEED. CITY shall not initiate nor incur expenses for the 19 CDBG-funded Projects or activities covered under the terms of this Supplemental Agreement as 20, set forth in Exhibit(s) A and B, attached hereto, prior to receiving written authorization from 21 ; COUNTY to:proceed. 22 35. ASSIGNMENT. The CITY shall not make any, assigmnent or transfer in any form 23 " with respect to this Supplemental Agreement, without prior written approval of the COUNTY. 24 . 36. MODIFICATION.. OF.. AGREEMENT. This. Supplemental Agreement may be 25 modified or amended only by a writing signed by the duty authorized and empowered 26 representative of COUNTY and CITY respectively. 27 [Signatures on Following Page] 28 Page 19 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 1.5 16 17 18 19 20 21 22 ` 23 24 25 26 27 28 IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as l'of the dates set forth below. COUNTY OF RIVERSIDE, a political subdivision of the State of California BY Suzanne Holland, =. Assistant Director of EDA. Date: APPROVED AS TO FORM: Gregory P. Priamos, County Counsel By: Jhaila R. Brown, Deputy County Counsel CITY OF LA QUINTA, a general law city BY2. Date: ATTEST: BY: City Clerk APPROVED AS TO FORM: BY: City Attorney Page 20 of 20 EXHIBIT A File No.: 4.LQ.26-16 SUPPLEMENTAL AGREEMENT SCOPE OF WORK (NON-PUBLIC SERVICE) I. GENERAL INFORMATION CITY NAME: City of La Quinta. DUNS #: 158241765 ADDRESS: La Quints, CA 92253 PROGRAM CONTACTS:. -Frank Spevacek, City Manager PHONE: (760), 770-7120 . FAX: E-MAIL,: PROJECT NAME: :City of La Quinta ADA Improvements PROJECT LOCATION:: Various Parks and Locations Throughout City LEVEL OF ENVIRONMENTAL CLEARANCE: _ Categorical. Exclusion 24 CFR 58.35 CDBG ELIGIBILITY CODE: 570.201 (c) Public Facilities PROJECT FUNDINGSUIvIMARY: $105,634 Project to be administered by County (EDA) on behalf of City.: YES r7l NO Z II. SCOPE OF SERVICE A. Activities City will be.: responsible for administering a 2016-2017 Community Development Block Grant for the City of -La Quinta ADA Improvements in a manner satisfactory to the. County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1, The .City of La Quinta will use CDBG funds to pay for costs associated with the construction of ADA improvements at City public parks, intersection curb ramps, and sidewalks -all prioritized improvements recommended in, the City's ADA Transition Plan report. CDBG funds will be used for design, construction, equipment; materials and supplies, inspection/testing costs, and project administration. Page 1 of 7 EXHIBIT A File No.: 4.LQ.26-16 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria:7Q CFR Reference: Low .Mod. Limited Clientele Presumed C. Levels of Accomplishment— Goals and Performance Measures The City agrees to implement and complete the following activity(ies): Activity #1 Prepare design and specifications for facility improvements. Activity #2 Implement and complete construction activities. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives(selectone): Creating Suitable Living Environments Providing Decent Affordable Housing �) Creating Economic Opportunities Outcome (select one): M Availability/Accessibility ® Affordability [] Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and ,sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's performance'under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. Page 2 of 7 EXHIBIT A File No.: 4.LQ.26-16 F. Program Budget It is expressly agreed and, understood that the total amount to be paid by the.County under this Agreement shall,not exceed;$i45 4 Drawdbwns for the payment of eligible expenses shall be, made against theJine item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the . Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended. Page 3 of 7 EXHIBIT A File No.: 4.LQ.26-16 G. Total Amount of Non- CDBG Leveraging III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs .incurred. B. Cost Principles The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. C. Documentation and Record Keeping Records .to. be. Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: I Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; V. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. Page 4of7 EXHIBIT A File No.: 4.LQ.26-16 2. .Records -Retention The City shall retain all CDBG-related financial records, supporting documents, contracts, and,agreements for a period of four (4) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low -moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after submission of the County's annual performance and evaluation'report to HUD. Notwithstanding the above; if there is litigation, claims, audits, negotiations,or other actions that involve,any of the records cited and that have started. before the expiration of, the. four-year period, then such records must be retained until completion of the actions. and resolution of all issues. 3. Client Data The:.City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided., Such -information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands, that client information collected under this contract is private and the use or disclosure of such information; when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is.obtained,fromsuch person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County. shall not end until all close-out requirements are completed. Activities. during this close-out period shall include, but arenot limited to: making final payments, disposing of program assets (including the return of allunused materials,. equipments unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, theterms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits- -his- ,trons, .All City records with respect to any matters covered by -this Agreement shall be made available to the. County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully clearedby the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit: conducted in accordance with current County policy concerning subrecipient audits and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200.500) and HUD's single audit regulations (24 CFR Part 44.6). Page 5of7 EXHIBIT A File No.: 4.LQ.26-16 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre -approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks /_Milestone Start Date Completion -Date. Complete Online Training June 2016 July 2016 Implement Project Activities Execute Supplemental Agreement & Notice to Incur Cost Tasks [Milestone Submit Quarterly Performance Reports to County County Monitoring of City Program/Performance Upon Notification from EDA August 2016 Start Date September 2016 Cd WJ16tion Dato October 15, 2016 January 15, 2017 April 15, 2017 To be determined by Program Manager Specific Project Activities 1. City executes Sponsor's Agreement; receives authorization to incur cost letter 2. City prepares final construction/equipment documents (incorporating Special Federal Provisions) for EDA review and approval 3. EDA authorizes City to. advertise for bids 4. EDA reviews and approves bidding process 5. City awards construction/equipment contract 6. City and EDA conduct "pre -construction meeting" 7. EDA authorizes City to issue "Notice to Proceed" City Submits Reimbursement Requests Monthly Submittal ❑ Other Schedule CDBG-funded Project Complete City Submits Monthly Direct Benefit Reports March 31, 2017 N/A Page 6 of 7 EXHIBIT A File No.: 4.LQ.26-16 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS City is not to proceed with_ bidding or contracting - for design or construction services - prior to contacting the County to obtain Special Federal Provisions forbidding and contract procurement. EDA must review and approve (in writing) all construction bid documents prior to notice inviting bids., Page 7of7 EXHIBIT B File No.: 4. LQ.27-16 SUPPLEMENTAL AGREEMENT SCOPE OF WORK (PLiBLIC SERVICE) I. GENERAL INFORMATION PHONE: (760).564-5555 FAX E-MAILt. PROJECT NAME: Bovs and Girls Club - Coachella Valley PROJECT LOCATION: 49995 Moon River Drive, La Quinta, CA 92253 ... LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 Cr, R 570.201 (e) Public Services PROJECT FUNDING SUMMARY: $20,121 Project to be administered by County (FDA) on behalf of CITY: YES ❑ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 201E-2017 Community Development Block Grant for the Boys and Girls Club - Coachella Valley in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 The Boys and Girls Chub will use CDBG funds to provide membership "scholarships" to youth from low-income families. These scholarships will allow eligible individuals to participate in after -school programs including concerts, recreation, and arts and crafts activities. Page 1 of 7 EXHIBIT B File No.: 4.LQ.27-16 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24.CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: 570.2N ,(a)(2)(i)(B) CFR Reference: Low Mod Limited Clientele Income Certification C. Levels of Accomplishment — Goals and Performance Measures The City agrees to provide the following levels of program services: Activity Units Total Total bier Iylrarifli Units/Year Clr�ilulliccrttl'esc�nr Activity #1 79 79 Unit of Service is defined as: Children receiving Scholarships CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select'one): Creating Suitable Living Environments Providing Decent Affordable Housing (� Creating Economic Opportunities Outcome (select one): ® Availability/Accessibility Affordability n Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies, that it and its subrecipients have the appropriate number of trained and knowledgeable staff, adequate facilities, 'proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of .Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. Page 2 of 7 EXHIBIT B File No.: 4.LQ.27-16 F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $20,121. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item CDBG Granted Total Non- Total Notes Funds CDBG Funds Activity/Project Budget _ Total Direct Program Expenses Salaries Fringe Office Space (Program Only) Utilities Communications Reproduction/Printing i Supplies and Materials Mileage Equipment (Program Only) Audit Transportation Other: Scholarships $20,121 Total Indirect Program $ , Expenses Indirect Costs (Specify)* { * All indirect costs must be pre -approved by the County. City must submit an Indirect Cost Allocation PIan to County, in a form specified by County, demonstrating the appropriate share of general and administrative costs. Page 3 of 7 EXHIBIT B File No.: 4.LQ.27-16 G. Total Amount of Non- CDBG Leveraging AL IIh. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with the. 24 Uniform Administrative Requirements, Cost: Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended. These principles shall be applied for all costs incurred whether charged on a direct or indirect. basis. C. Documentation and Record. Keeping 1. Records to. be Maintained. The City and its subrecipients will maintain all records required by the Federal 'iegulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i= Records providing a full description of each activity undertaken; iLl Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; ii: Records required to determine the eligibility of activities; iv Records required'to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. Page 4 of 7 EXHIBIT B File No.: 4.LQ.2 7 -16 2. Records Retention: The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low -moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after submssion of the County's annual performance and evaluation report to HUD. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues. 3. Client Data: The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure: The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that off -a responsible parent/guardian. Close-outs: The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period -that the City has control over CDBG funds, including program income. 6. Audits & Inspections, All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General. of the United States or 'any of their authorized representatives, at any time during nonnal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and the Uniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200.500) and HUD's single audit regulations (24 CFR Part 44.6). Page 5 of 7 EXHIBIT B File No.: 4.LQ.27-16 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre -approved by County, CITY will perform and complete the activities described in Section -II in conformance with the schedule of tasks and milestones listed below: .Tasks / Milestone. Start Date. Complet oil Date Complete Online Training June 2016 July 2016 Execute Subrecipient Agreements August 2016 September 2016 (EDA must approve) Implement Program Activities July 1, 2016 March 31, 2016 Execute Supplemental Agreement August 2016 September 2016 & Notice to Incur Cost City Submit Quarterly October 15, 2016 Performance Reports to County January 15, 2017 April 15, 2017 County Monitoring of City 7BD TBD Performance City submit Monthly September 2016 March 2017 Direct Benefit Reports City Submits Reimbursement Requests Monthly Submittal ® September 2016 APA1 5,1617 WING Other Schedule ❑ _ CDBG Program Services Complete March 2017 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS Subrecipient must collect income self -certifications and verifications from every, prent oile�;4l Mxardian Graf ever• , 'child Vartich) ng in CDBG fcint cd .act`rvities. This includes family income, family size, and ethnicity. Subrecipient is required to collect income verification documentation from the persons submitting the certifications. All of this documentation must be submitted to EDA on a monthly basis. (Special Conditions continued on Page 7 of 7) Page 6 of 7 EXHIBIT B File No.: 4.LQ.27-16 Monthly submittal of reimbursement requests is a tnaiidatrry requirement. Due to the funding amount allocated to this project, program year-end deadlines, and Subrecipient's past performance, Subrecipient is expected to complete CDBG funded activities by March 30, 2017, with the City's final reimbursement request and reports to be submitted no later than April 15, 2017. Page 7 of 7 EXHIBIT ''R" CONST-ITUTION L i'ROHIBITION Page 1 of 2 In accordance with First [amendment Church/State Princlplea, as a general rule, CDBG/ESG assistance may not be used for religious activities or provided to primarily religious entities for any activiti_e's, including secular activities. The following restrictions and limitations therefore apply to the use of CDBG/ESG funds. (1) CDBG/ESG funds may not be used for the acquisition of property or the construction or. rehabilitation (including historic preservation and removal of architeetur_al barriers) of structures to be used for religious purposes or which will otherwise promote religious,,interests. This limitation includes the, acquisition of property for ownership, by primarily religious entities and the construction or rehabilitation. (including historic preservation and removal of architectural barriers) of structures owned by such entities (except as permitted under paragraph () (2) of this section with.•respect to rehabilitation and under paragraph ( ) (4) of this section with respect to repairs undertaken in connection with public services) regardless of the use to be made of the property or structure. Property owned by primarily religious entities may be acquired with CDBG/ESG funds at no more than fair market value for a noft-religious use. (2) CDBG/ESA funds may be - used to rehabilitate- buildings owned by primarily -religious entities to be used for a wholly secularpu.rpose under the following conditions: W The building (or portion .thereof) that is to be improved with the .CDBG/ESG: assistance has been leasers to an existing or newly - established wholly secular entity (which may be an entity established by the religious entity) =i.) The CpBG%ESG assistance is provided to. the lessee (and not the lesso&to make the improvements; (iii) The Leased premises will be, used exclusively for secular purposes availabfe to persons .regardless of religion; (iv) The lease payments do not exceed the fair market rent of the premises as they were before the improvements are mode; (v) The portion of the cost of: any improvements that also serve a non-_le"ased part of the building will be allocated to any paid for by the lessor; (7i) The lessor enters into a binding agreement that unless the lessee, or a qualified successor lessee, retains the use of ;she leased premises for a wholly secular purpose for at least the useful .Life of the improvements, the lessor will pay to the lessee an amount equal to the residual value of the improvements; EXHIBIT "R'' CONSTITUTIONAL PROHIBITION Rage 2 of 2 (vii) The lessee must remit the amount received from. the lessor under subparagraph (2)(vi) of this section to the recipient or su.brecipient from which the C.DBG/ESG funds were derived. The lessee can also enter into a management contract authorizing the lessor religious entity to use the building for its intended secular purpose, e.g., homeless shelter, provision of public services. In such vase, the religious entity must agree in the management contract to carry out the secular purpose in a. manner, free form religious influences in accordance with the principles set forth in paragraph (j) (3) of this section. (3) As a general rule, CDB G/ESG funds may be used for: eligible public services to be provided through a primarily religious entity, E4here the religious entity enters into an agreement with the recipient or subrecipient from which the CDBG/ESG funds are derived that, in. connection with the provision of such services: (i) It will not discriminate against any employee or applicant: for employment on the ;oasis of religion and will not limit employment or give preference in employment to persons on the basis of religion. (ii) It will not:, discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of rel-igion; ( i- i. i.) It will counseling, conduct no r..e.l..:.ig:i..o:is religious proselytizing, and exert provision of such public services; provide no religious instruction or worship or services, engage in no no other religious influence in the (iv) The portion of a facility used to provide the public services shall contain no religious symbols or decorations, other than those permanently affixed to or part of the structure. (4) Where the public services provided under paragraph (j)(3) of this section are carried out on property owned by the primarily religious entity, CDBG/ESG funds may also be used for minor repairs to such property which are directly related to carrying out the public services where the cost constitutes in dollar terms only an incidental portion of the CDBG/ESG expenditure for the public services. EXHIBIT "S" Page 1 of 2 Economic Opportunities for Section 3 Residents and Section 3 Business Concerns Sec. 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under_ this contract is subject to the requirements of section 3 of the iious'ing. and Urban Development Act of 1968, as amended, 12 U.S.C. 17,01u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by IUD assistance or HUD -assisted projects covered by section 3, shall, to ;she greatest exte.nt feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CF2 part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent thorn from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with wh :h the contractor has a collective bargaining agreement or other understanding, if any, a :notice advising the labor organization: or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprent.:iceship and training positions, the qualifications for each; and the name and, location of the person1s) tasking applications .for each of the positions; and the anticipated date the work shall begin. EXHIBIT "S" Page 2 of 2 D. The contractor agrees to include this section 33 clause in every subcontract subject to compliance wit-h regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable --rovision of the subcontract, or in this section 3 clause, upon a. finding that the subcontractor is in violati.on of the regulations in 24 CFR part 135. The contractor will not subcontract with anv subcontractor where -the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 par'. . C7R 1135. a. pare. .1 E. The contractor will certify that any vacant employment positions, including training positions, that arc.,,; filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons 'Other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to .circumvent the contra_-to.'s obligations under 24 C_FR part 135. F. Noncompliance with HUD's -regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or sus ensign from future HUD assisted contracts. G. With respect- to work performed in connection with section 3 "ce, sect. -ion 7 (b) of the Indian Self - covered Indian housing assistay Determination and Education Assistance Act (25 U.S.C. 40e) also applies to the work to be performed under this contract. Section 7(b) requires ­e?' ce and oopor tunities for that to the greatest extent feasible (i) p-­0 fe� n training and eir-i-ploymert shall be given to Indians, and, preference in. the award of contracts ar.-A .sul..bcontracts shall be ­.-ven to Indian organizations and Irdian-owned Economic Ent--erp-rises. Parties to this contract that are subject to the provisions of section 3 and section 7(b), agree to comply with section 3 to the maximum extent feasible, but not -i..n. derogation of compliance w....th. sect -ion 7"b). k