HomeMy WebLinkAbout2010-09-28 City Council Item No. 10CITY OF ^MA~A
LADE LSMOR~E
IV,
DREAM EXTCLEME
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: SEPTEMBER 28, 2010
SUBJECT: APPROVAL OF CDBG SUPPLEMENTAL AGREEMENT 2010-2011
Background
At the regular scheduled meeting on November 10, 2009, the City Council approved the
Community Development Block Grant (CDBG) projects for fiscal year 2010-2011.
On March 2, 2010, the City was notified by the Riverside County Economic
Development Agency (EDA) that the County Board of Supervisors approved Lake
Elsinore's programs.
Discussion
The CDBG project activities are included in the County's 2010-2011 One Year Action
Plan, which is submitted to the U.S. Department of Housing and Urban Development
(HUD) for review and approval. A supplemental agreement is prepared and sent out to
the City as soon as the County receives approvals by HUD.
After the City receives the supplemental agreement packet; executed copies must be
returned to the County of Riverside Economic Development Agency (EDA) for the
Board of Supervisors to approve; after which, a fully executed agreement will be
forwarded to the City along with the authorization to incur costs. When we receive the
authorization, we are then able to release funds to the approved projects with
assurance of reimbursement from the County of Riverside to the City of Lake Elsinore.
As the Council may recall, the County of Riverside's 2010-2011 allocation to the City of
Lake Elsinore is $215,321, of which approximately fourteen percent (14%) is allocated
to public service programs. Furthermore, applications for the 2010-2011 project years
were submitted to the County of Riverside on December 11, 2008, which was prior to
the City's review of the budget.
AGENDA ITEM NO. 10
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Approval of CDBG Supplemental Agreement 2010-2011
September 28, 2010
Page 2
The allocation is approved as follows:
11E.17-10
Lake Elsinore Sidewalk Construction Projects
$
50,000
11E.18-10
Code Enforcement
$
75,000
11E.19-10
ADA Improvements Fishing Beach Area
$
20,000
1.LE20-10
HVAC Upgrades/Replacement
$
20,177
11E.21-10
Lake Community Center Renovation-Phase III
$
20,000
11E.22-10
The Learning Connection
$
12,661
0.80-10
H.O.P.E. Commodities Program
17,483
$215,321
Fiscal Impact
There is no fiscal impact to the 2010-2011 General Fund. Projects are paid through the
CDBG reimbursement process once the "authorization to incur costs" has been issued
by the County of Riverside.
Recommendation
Authorize the Mayor to execute the supplemental agreement with the County of
Riverside for the use of Community Development Block Grant funds.
Prepared by: Justin Carlso
Redevelopme Agency Analyst
Approved by: Robert A. Brady
City Manager
Attachment:
1. 2010-2011 CDBG Supplemental Agreement
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File No.: LLE.17-10, LLE.18-10, LLE.19-10
1.LE.20-10, LLE.21-10, 1.LE.22.10, 0.81-10
SUPPLEMENTAL AGREEMENT FOR THE USE OF
2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
The COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY,"
and the CITY OF LAKE ELSINORE, herein called "CITY," mutually agree as follows:
1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated
July 2008, whereby CITY elected to participate with COUNTY, which has qualified as an
10 11 "Urban County" for purposes of receiving Community Development Block Grant (CDBG)
11 I I funds, and to assist and undertake essential community development and housing assistance
12 activities pursuant to the Housing and Community Development Act of 1974, Title 1, as
13 amended, Public Law 93-383 hereinafter referred to as "Act". Said Cooperation Agreement,
14 dated July 2008, is incorporated herein by reference and made a part of this Agreement as if each
15 and every provision was set forth herein.
16 2. PURPOSE. CITY promises and agrees to undertake and assist with the
17 community development activities, within its jurisdiction, by utilizing the sum of $215,321,
18 CDBG Entitlement Funds, as specifically identified in Exhibits A, B, C, D, E, F, and G are
19 attached hereto and by this reference are incorporated herein, for the projects:
20 A. LLE.17-10 Lake Elsinore Sidewalk Construction Project $50,000.
21 B. LLE.18-10 Code Enforcement, $75,000.
22
C.
LLE.19-10
ADA Imp
rovements Fishing Beach Area
$20,000a
23 I
I
D.
LLE.20-10
HVAC U
pgrades/Replacement
$20,177.
24 11 E. LLE.21-10 Lake Community Center Renovation-Phase III $20,000.
25
F.
LLE.22-10
The Learning Connection
$12,661.
26
G.
0.80-10
H.O.P.E. Commodities Program
$17,483.
27 11 3. TERM OF AGREEMENT. The term of this Agreement for the projects shall
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be for a period of one (1) year from July 1, 2010 to June 30, 2011, and proceed consistent with
the completion schedule set forth in Exhibits A, B, C, D, E, F, and G. In the event that the
projects are not substantially completed by the time set forth in the completion schedule due to
unforeseen or uncontrollable causes, the COUNTY may consider extending the schedule for the
completion of the project. 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, of the projects are not made during the term
of the Supplemental Agreement, COUNTY may suspend or terminate this agreement by the
procedures set forth in the Section titled "Termination", of this agreement and the entitlement
funds associated with the projects may be reprogrammed by COUNTY after appropriate notice
is given.
4. DISPOSITION OF FUNDS.
A. COUNTY's Board of Supervisors shall determine the final disposition and
distribution of all funds received by COUNTY under the Act consistent with the provisions of
Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic Development Agency,
shall: (1) Make payment of the grant funds to CITY as designated in Exhibits A, B, C, D, E, and
F; and (2) It is the CITY's responsibility to monitor all project activities of Exhibits A, B, C, D,
E, and F to ensure compliance with applicable federal regulations and the terms of this
Agreement.
B. CITY shall comply with timely drawdown of CDBG funds by
expeditiously implementing and completing County-approved, CDBG-funded projects. CITY
acknowledges that CITY's drawdown performance directly impacts the COUNTY's overall
program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January 15,'2011,
exceeds two-times (200%) the CITY's 2010-2011 CDBG allocation, the COUNTY may take the
necessary administrative actions to reduce the CITY's CDBG fund balance. Necessary actions
include reprogramming the excess CDBG fund balance to other eligible activities as selected by
COUNTY. COUTY may authorize CITY in writing, prior to January 15, 2011, to exceed the
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CDBG fund balance requirement. .
C. CITY shall comply with timely drawdown of funds by submitting monthly
requests for reimbursement or other County-approved reimbursement schedule. All
disbursements of grant funds will be on a reimbursement basis and made within thirty (30) days
after the CITY has submitted its letter identifying payments and documentation supporting
expenditures.
D. All authorized obligations incurred in the performance of the Agreement
for projects eligible under the following regulations must be reported to COUNTY no later than
by June 15, 2011:
1. Public Services [24 CFR 570.201 (e)]
2. Acquisition [24 CFR 570.201 (a)]
3. Clearance Activities [24 CFR 570.201 (d)]
4. Interim Assistance [24 CFR 570.201 (f)]
5. Code Enforcement [24 CFR 570.202 (c)]
All other eligible activities under this Agreement must be implemented, completed, and
obligations reported by the CITY no later than the completion schedules set forth in the Exhibits
to this Agreement.
The COUNTY will directly manage and monitor projects identified in Exhibit G. This
project has been determined to be of Countywide benefit, receiving grant funding from multiple
sources; therefore, this project will be managed and monitored by the COUNTY.
5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with
COUNTY in undertaking essential community development and housing assistance activities,
specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying
out its Strategic Plan of the Consolidated Plan and other requirements of the Community
Development Block Grant Program.
6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to Section 15051(d) of Title 14 of the
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California Administrative Code, CITY is designated as the lead agency for the projects that are
the subject matter of this Agreement.
7. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the
provisions of Section 895.2 of the California Government Code imposing certain tort liability
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'S obligation to
indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be
maintained, at its sole cost and expense, the following insurance coverage's during the term of
this Agreement.
A. Workers' Compensation:
If the CITY has employees as defined by the State of California, the CITY shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State
of California. Policy shall include Employers' Liability (Coverage B) including Occupational
Disease with limits not less than $1,000,000 per person per accident. The policy shall be
endorsed to waive subrogation in favor of The County of Riverside, and, if applicable, to provide
a Borrowed Servant/Alternate Employer Endorsement.
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
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advertising injury, and cross liability coverage, covering claims which may arise from or out of
I CITY'S performance of its obligations hereunder. Policy shall name the County of Riverside, its
Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board
of Supervisors, employees, elected or appointed officials, agents or representatives as Additional
Insureds. 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, its
Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board
of Supervisors, employees, elected or appointed officials, agents or representatives as Additional
Insureds.
D. General Insurance Provisions - All lines:
1) Any insurance carrier providing insurance coverage hereunder
shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII
(A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the
County's Risk Manager waives a requirement for a particular insurer such waiver is only valid
for that specific insurer and only for one policy term.
2) The CITY'S insurance carrier(s) must declare its insurance self-
I insured retentions. If such self-insured retentions exceed $500,000 per occurrence such
I retentions shall have the prior written consent of the County Risk Manager before the
commencement of operations under this Agreement. Upon notification of self insured retention
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unacceptable to the COUNTY, and at the election of the Country's Risk Manager, CITY 'S
carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement
with the COUNTY, or 2) procure a bond which guarantees payment of losses and related
investigations, claims administration, and defense costs and expenses.
3) CITY shall cause CITY'S insurance carrier(s) to furnish the
County of Riverside with either. 1) a properly executed original Certificate(s) of Insurance and
certified original copies of Endorsements effecting coverage as required herein, and 2) if
requested to do so orally or in writing by the County Risk Manager, provide original Certified
copies of policies 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 for
each policy and the Certificate of Insurance.
4) It is understood and agreed to by the parties hereto that the CITY'S
insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or
deductibles and/or self-insured retention's or self-insured programs shall not be construed as
I contributory.
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5) If, during the term of this Agreement or any extension thereof,
there is a material change in the scope of services; or, there is a material change in the equipment
to be used in the performance of the scope of work which will add additional exposures (such as
the use of aircraft, watercraft, cranes, etc.); or, the term of this Agreement, including any
extensions thereof, exceeds five (5) years the COUNTY reserves the right to adjust the types of
insurance required under this Agreement and the monetary limits of liability for the insurance
coverage's currently required herein, if; in the County Risk Manager's reasonable judgment, the
amount or type of insurance carried by the CITY has become inadequate.
6) CITY shall pass down the insurance obligations contained herein
to all tiers of subcontractors working under this Agreement.
7) The insurance requirements contained in this Agreement may be
met with a program(s) of self-insurance acceptable to the COUNTY.
8) CITY agrees to notify COUNTY of any claim by a third party or
any incident or event that may give rise to a claim arising from the performance of this
Agreement.
9. RECORDS AND INSPECTIONS.
A. CITY shall establish and maintain records in accordance with 24 CFR Part
1570, Part 85, OMB Circular A-87, and 24 CFR 91.105, as applicable, and as they relate to the
acceptance and use of federal funds under this Agreement.
B. CITY shall maintain a separate account for CDBG Entitlement funds
received as set forth in Exhibits (A, B, C, D, E, and F).
C. CITY shall, during the normal business hours, make available to
I COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized
representative, for the examination and copying, all ` of its records and other materials with
respect to matters covered by this Agreement.
D. CITY shall not retain any program income as defined in Section 570.500
of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the
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activities that are the subject of this Agreement. Further, all provisions of this Agreement shall
apply to such activities.
E. The CITY shall ensure that at least fifty-one percent (51%) of the persons
benefiting from all CDBG-funded activities or projects designated as serving limited clientele
[570.208(a)(2)(i)] are of low and moderate-income and meet the program income guidelines
attached as Exhibits (A, B, C, D, E, and F). The CITY and City's Sub-recipients must provide
the required income certification and direct benefit documentation.
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 Part 85 and Part 570 of Title 24 of the Code of
Federal Regulations. CITY is to comply with OMB Circular A-87, 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 will comply with Section 3 of the Housing & Urban Development Act of 1968, as
amended, attached hereto as Exhibit "S". CITY will comply with the provisions of 24 CFR Part
570.200 0), attached as Exhibit "R," pertaining to inherently religious activities.
11. INDEPENDENT CONTRACTOR. CITY and its agents, servants, 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 agents, officers, or
employees of the COUNTY.
12. TERMINATION.
A. CITY. CITY may not terminate this Agreement except upon express
written consent of COUNTY.
B. COUNTY. Notwithstanding the provisions of Paragraph 12a, COUNTY
may suspend or terminate this Agreement upon a thirty (30) day written notice to CITY of action
being taken and the reason for such action:
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(1) In the event CITY fails to perform the covenants herein contained
at such times and in such manner as provided in this Agreement; and
(2) In the event there is a conflict with any federal, state or local law,
ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or
untenable; or
(3) In the event the funding from the Department of Housing and
Urban Development referred to in Paragraphs 1 and 2 above is terminated or otherwise becomes
I unavailable.
C. Upon suspension of this Agreement, CITY agrees to return any
unencumbered funds which it has been provided by COUNTY. In accepting said funds,
COUNTY does not waive any claim or cause of action it may have against CITY for breach of
this Agreement.
D. Reversion of Assets
1. Upon expiration of this Agreement, the CITY shall transfer to the
COUNTY any CDBG funds on hand at the time of expiration of the Agreement as well as any
accounts receivable held by CITY which are attributable to the use of CDBG funds awarded
pursuant to this Agreement.
2. Any real property under the CITY'S control that was acquired or
improved in whole or in part with CDBG funds (including CDBG funds provided to the
SPONSOR in the form of a loan) in excess of $25,000 is either:
(i) Used to meet one of the National Objectives in Sec.
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 Section (i) above, in which
event the SPONSOR shall pay to the COUNTY an amount equal to the current market value of
the property less any portion of the value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property.
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13. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of
Title 24 of the Federal Code of Regulations which requires that no person in the United States
shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with Community Development funds.
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 CDBG regulations
prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "CI"
and by this reference incorporated herein.
B. CITY and its assigns, employees, agents, consultants, officers, and elected
and appointed officials shall become familiar with and shall comply with Section A-11 of the
County's CDBG Policy manual, attached hereto as Exhibit "CI" and by this reference
incorporated herein.
C. CITY understands and agrees that no waiver of exception can be granted
to the prohibition against conflict of interest except upon written approval of HUD pursuant to
24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY
to determine whether such request is appropriate for submission to HUD. In determining whether
such request is appropriate for submission to HUD, COUNTY will consider the factors listed in
24 CFR 570.611 (e).
D. Prior to any funding under this Agreement, CITY shall provide COUNTY
with a list of all employees, agents, consultants, officers and elected and appointed officials who
are in a position to participate in a decision making process, exercise any functions or
responsibilities, or gain inside information with respect to the CDBG activities funded under this
Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including
even the appearance of conflict that may arise with respect to the CDBG activities funded under
this Agreement.
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E. Any violation of this section shall be deemed a material breach of this
Agreement, and the Agreement shall be immediately terminated by the COUNTY.
15. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no
liability for any later determination by the United States Government, the Department of
Housing and Urban Development or any other person or entity that CITY is or is not eligible
under 24 CFR Part 570 to receive CDBG funds.
16. USE OF PROPERTY. Whenever federal CDBG funds or program income are
used, in whole or in part, for the purchase of equipment or personal property, the property shall
not be transferred from its originally funded use, by CITY or sub-recipient, for a period of five
(5) years from the close-out date of the grant from which CDBG assistance was provided. The
CITY shall maintain a current inventory for COUNTY monitoring and review.
17. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY
agrees to notify and to require any lessee or assignee to notify Riverside County Workforce
Development Center of any and all job openings that are caused by this project.
18. PUBLICITY. Any publicity generated by CITY for the project funded pursuant to
this Agreement, during the term of this Agreement, will make reference to the Contribution of
the County of Riverside, the Economic Development Agency, and the Community Development
Block Grant Program in making the project possible.
19. PROGRAM MONITORING AND EVALUATION. CITY and its sub-recipients
shall be monitored and evaluated in terms of its effectiveness and timely compliance with the
provisions of this Agreement and the effective and efficient achievement of the Program
Objectives. Quarterly reports shall be due on the last day of the month immediately following the
end of the quarter being reported. The quarterly written reports shall include, but shall not be
limited to, the following data elements:
A. Title of program, listing of components, description of
activities/operations.
B. The projected goals, indicated numerically, and also the goals achieved
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(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
I household incomes at:
• Above 80% MHI
• Between 50% and 80% MHI (Low-Income)
• Between 30% and 50% MHI (Very Low-Income)
• Less than 30% MHI (Extremely Low-Income)
2) Total number and percent of the clientele served that have
household incomes at or below 80% NMI
3) Racial ethnicity of clientele
4) Number of Female-Headed Households
D. CITY and its sub-recipients shall report beneficiary statistics monthly to
EDA on the pre-approved Direct Benefit Form and Self-Certification Form (certifying income,
family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to CITY
by EDA should HUD implement changes during the term of this agreement. CITY and sub-
recipients will collect and provide all necessary data required by HUD pertaining to the Specific
Outcome Indicators as identified in the CPD Outcome Performance Measurement System.
20. SOURCE OF FUNDING. CITY acknowledges that the source of funding
pursuant to this Agreement is Community Development Block Grant (CFDA 14.218).
21. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with
the cooperation Agreement between the parties, embodies the entire agreement of the parties in
relation to the subject matter thereof, and that no other Agreement or understanding, verbal or
otherwise, relative to this subject matter, exists between the parties at the time of execution.
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22. MINISTERIAL ACTS. The Assistant County Executive Officer/EDA or
designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to
implement the terms, provisions, and conditions of this Agreement as it may be amended from
time to time by COUNTY.
23. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval
from the Economic Development Agency prior to implementing the following "high risk"
activities funded with CDBG assistance:
A. Construction of public facilities (project plans and specifications);
B. Acquisition of real property;
C. Historic Preservation;
D. Relocation; and
F. Economic Development
23. MODIFICATION OF AGREEMENT. This Agreement may be modified or
amended only by a writing signed by the duly authorized and empowered representative of
COUNTY and CITY respectively.
SIGNATURES ON NEXT PAGE
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IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as
of the date listed below.
DATED:
COUNTY OF RIVERSIDE
By:
Robert Field
Assistant County Executive Officer/EDA
CITY OF LAKE ELSINORE
By:
Mayor
SH:JT:mmv
Page 16 of
Page 14 of 14
EXHIBIT A
File No.: 1.LE.17-10
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON-PUBLIC SERVICE)
1. GENERAL INFORMATION
CITYNAME: City of Take Elsinore
ADDRESS: 130 South Main Street
Lake Elsinore,CA 92530
PROGRAM CONTACTS: Justin Carlson, ReDevelopment Agency Analyst
PHONE: (951) 674-3124 FAX: (951) 674-8761
E-MAIL: icarlson(a),Lake-Elsinore.org
PROJECT NAME: Lake Elsinore Sidewalk Construction Project
PROJECT LOCATION: Areas near Elsinore Elementary and Middle School, Poe
St (West of Pottery) Summer St., and Silver St
LEVEL OF ENVIRONMENTAL CLEARANCE:
Categorical Exclusion
CDBG ELIGIBILITY CODE: 570.201
PROJECT FUNDING SUMMARY:
City Funding $50,000
Project to be administered by County (EDA) on behalf of City: YES E] NO
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2010-2011 Community Development Block Grant for the
Lake Elsinore Sidewalk Construction Project in a manner satisfactory to the County of
Riverside and consistent with any standards required as a condition of providing these funds. Such
program will include the following activities eligible under the Community Development Block Grant
program:
Activity #1 Construct new sidewalk, curb, and gutters located in EDA approved areas.
Page 1 of 6
Page 17 of 61
EXHIBIT A
File No.: LLE.17-10
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's National
Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out
under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a) (1) (i
CFR Reference: Low Mod Area
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to implement and complete the following activity(ies):
Activity #I Construct new sidewalk, curb and gutters located in areas
Activity #2 Replacement of deteriorated and unsafe sidewalks located in the identified areas of Lake Elsinore
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ® Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome (select one): ❑ Availability/Accessibility
❑ Affordability
® Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained
and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and
sufficient amount of financial resources necessary to implement and carry out the activities funded with
CDBG funds.
City will immediately notify County of any significant changes in organizational management, assigned
staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact
the City or subrecipient's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and
performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by the
County, contract suspension or termination procedures will be initiated.
Page 2 of 6
Page 18 of 61
EXHIBIT A
File No.: LLE.17-10
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 $50,000 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 24 CFR 84.21.
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.
Page 3 of 6
Page 19 of 61
EXHIBIT A
File No.: I.LE.17-10
G. Total Amount of Non- CDBG Leveraging
SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOI TAT.
SB-821 56,500 $56,500
min= I
TOTAL: $290,000
0
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable 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 OMB Circulars A-122, "Cost
Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or
OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as
applicable. 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 24 CFR 84.21-28; and
vii. Other records necessary to document compliance with Subpart K of 24 CFR Part
570.
Page 4 of 6
Page 20 of 61
EXHIBIT A
File No.: LLE.17-10
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and all other
records pertinent to the Agreement for a period of five (5) years. The retention period begins on
the date of the submission of the County's annual performance and evaluation report to IUD in
which the activities assisted under the Agreement are reported on for the final time.
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 five-year period,
then such records must be retained until completion of the actions and resolution of all issues, or
the expiration of the five-year period, whichever occurs later.
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such
data shall include, but not be limited to, client name, address, income level or other basis for
determining eligibility, and description of service provided. Such information shall be made
available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and the use or
disclosure of such information, when not directly connected with the administration of the
County's or City's responsibilities with respect to services provided under this contract, is
prohibited by applicable federal and State law unless written consent is obtained from such
person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are completed.
Activities during this close-out period shall include, but are not limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to the County), and
determining the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the City has control over CDBG funds,
including program income.
6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made available to
the County, HUD, and the Controller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit
reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the
City to comply with the above audit requirements will constitute a violation of this contract and
may result in the withholding of future payments. The City hereby agrees to have an annual
agency audit conducted in accordance with current County policy concerning subrecipient audits
and OMB Circular A-133.
Page 5 of 6
Page 21 of 61
EXHIBIT A
File No.: 1.LE.17-10
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
Attend Mandatory Cooperating
City Training
Implement Project Activities
Execute Supplemental Agreement
& Notice to Incur Cost
Tasks / Milestone
Submit Quarterly Performance
Reports to County
County Monitoring of City
Program/Performance
Specific Project Activities
City Submits Reimbursement
Requests
July 2010
Upon Notification from EDA
August 2010
Start Date
To be determined by Program Manager
To be determined by Program Manager
July 2010
September 2010
Completion Date
October 15, 2010
January 15, 2011
April 15, 2011
July 31, 2011
Monthly Submittal
Other Schedule ❑
CDBG-funded Project Complete
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
June 30, 2012
City is required to contact the County Program Manager for review prior to submission of RFP,
construction activity or cost without prior written approval.
Page 6 of 6
Page 22 of 61
EXHIBIT B
File No.: LLE.18-10
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON-PUBLIC SERVICE)
1. GENERAL INFORMATION
CITYNAME: City of Lake Elsinore
ADDRESS: 130 South Main Stre t
Lake Elsinore,CA 92530
PROGRAM CONTACTS: Justin Carlson, ReDevelopment Agency Analyst
PHONE: (951) 374-3124 FAX: (951) 471-1419
E-MAIL: icarlsonALake-Elsinore.ore
PROJECTNAME: Code Enforcement
PROJECT LOCATION: Variuos Locations in the City of Lake Elsinore
LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion
CDBG ELIGIBILITY CODE: 570.202
PROJECT FUNDING SUMMARY:
City Funding $75,000
Project to be administered by County (EDA) on behalf of City: YES E] NO
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2010-2011 Community Development Block Grant for the
Code Enforcement 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 Enforce codes addressing substandard structures, neighborhood clean-up and related code
violations in low-income areas. The CDBG funds must be used in conjunction with other
public/private activities, services and improvements in the low-income areas.
Page 1 of 6
Page 23 of 61
EXHIBIT B
File No.: 1.LE.18-10
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's National
Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out
under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a) (1
CFR Reference: Low
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to implement and complete the following activity(ies):
Activity #1 Enforce codes addressing substandard structures and other related code violations
Activity #2 1 Neighborhood clean-up
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ® Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome (select one): ❑ Availability/Accessibility
❑ Affordability
® Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained
and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and
sufficient amount of financial resources necessary to implement and carry out the activities funded with
CDBG funds.
City will immediately notify County of any significant changes in organizational management, assigned
staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact
the City or subrecipient's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and
performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by the
County, contract suspension or termination procedures will be initiated.
Page 2 of 6
Page 24 of 61
EXHIBIT B
File No.: LLE.18-10
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 $75,000 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 24 CFR 84.21.
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.
Page 3 of 6
Page 25 of 61
EXHIBIT B
File No.: LLE.18-10
G.
Total Amount of Non- CDBG
TOTAL: $19
III.
A.
B.
C.
ADMINISTRATIVE REQUIREMENTS
Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable 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.
Cost Principles
The City shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or
OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as
applicable. These principles shall be applied for all costs incurred whether charged on a direct or
indirect basis.
Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24
CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records
shall include but not be limited to:
i Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
V. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
Page 4 of 6
Page 26 of 61
EXHIBIT B
File No.: LLE.18-10
vii. Other records necessary to document compliance with Subpart K of 24 CFR Part
570.
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and all other
records pertinent to the Agreement for a period of five (5) 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 on for the final time.
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 five-year period,
then such records must be retained until completion of the actions and resolution of all issues, or
the expiration of the five-year period, whichever occurs later.
Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such
data shall include, but not be limited to, client name, address, income level or other basis for
determining eligibility, and description of service provided. Such information shall be made
available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and the use or
disclosure of such information, when not directly connected with the administration of the
County's or City's responsibilities with respect to services provided under this contract, is
prohibited by applicable federal and State law unless written consent is obtained from such
person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are completed.
Activities during this close-out period shall include, but are not limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to the County), and
determining the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the City has control over CDBG funds,
including program income.
6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made available to
the County, HUD, and the Controller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit
reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the
City to comply with the above audit requirements will constitute a violation of this contract and
may result in the withholding of future payments. The City hereby agrees to have an annual
agency audit conducted in accordance with current County policy concerning subrecipient audits
and OMB Circular A-133.
Page 5 of 6
Page 27 of 61
EXHIBIT B
File No.: LLE.18-10
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
Attend Mandatory Cooperating
City Training
Implement Project Activities
Execute Supplemental Agreement
& Notice to Incur Cost
Tasks / Milestone
Submit Quarterly Performance
Reports to County
County Monitoring of City
Program/Performance
Specific Project Activities
City Submits Reimbursement
Requests
July 2010
Upon Notification from EDA
August 2010
Start Date
To be determined by Program Manager
To be determined by Program Manager
July 2010
September 2010
Completion Date
October 15, 2010
January 15, 2011
April 15, 2011
July 31, 2011
Monthly Submittal
Other Schedule ❑
CDBG-funded Project Complete
TBD
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
June 30, 2011
City is to administer program activity concurrently with the Code Enforcement activity to assist
low-income commrmity to resolve violation. Monthly reporting to be submitted reflecting
violation activity and outcome.
Page 6 of 6
Page 28 of 61
EXHIBIT C
File No_: 1.LE.19-10
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON-PUBLIC SERVICE)
1. GENERAL INFORMATION
CITY NAME: City of Lake p1Gin
ADDRESS: 130 South Main Street
. Lake Elsinore,CA 92530
PROGRAM CONTACTS: Justin Carlson. Re Development Agency Analyst
PHONE: (951) 674-3124 FAX: (951) 471-2791
E-MAIL: jcarlson(aLake-Elsinore.org
PROJECTNAME: ADA Improvements Fishing Beach Area
PROJECT LOCATION: Lake Elsinore
LEVEL OF ENVIRONMENTAL CLEARANCE:
CDBG ELIGIBILITY CODE: 570.201 (c)
PROJECT FUNDING SUMMARY:
City Funding $20,000
Categorical Exclusion
Project to be administered by County (EDA) on behalf of City: YES E] NO
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2010-2011 Community Development Block Grant for the
ADA Improvements Fishing Beach Area in a manner satisfactory to the County of Riverside
and consistent with any standards required as a condition of providing these funds. Such program will
include the following activities eligible under the Community Development Block Grant program:
Activity #I Construction of specific improvements at the fishing beach area to remove or mitigate
architectural barriers.
Page 1 of 6
Page 29 of 61
EXHIBIT C
File No.: LLE.19-10
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's National
Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out
under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208
CFR Reference: Low Mod Area
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to implement and complete the following activity(ies):
Activity #1 Removal of architectural barriers and installation ofADA compliant features
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ® Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome (select one): ® Availability/Accessibility
❑ Affordability
❑ Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained
and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and
sufficient amount of financial resources necessary to implement and carry out the activities funded with
CDBG funds.
City will immediately notify County of any significant changes in organizational management, assigned
staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact
the City or subrecipient's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and
performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement.. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by the
County, contract suspension or termination procedures will be initiated.
Page 2 of 6
Page 30 of 61
EXHIBIT C
File No.: LLE.19-10
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 $20.000 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 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and the City
shall provide such supplementary budget infonnation 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.
Page 3 of 6
Page 31 of 61
EXHIBIT C
File No.: I .LE.19-10
Developer $20,000 $20,000
Impact Fees
TOTAL: $20 000
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable 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 OMB Circulars A-122, "Cost
Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or
OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as
applicable. 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 24 CFR 84.21-28; and
Page 4 of 6
Page 32 of 61
EXHIBIT C
File No.: LLE.19-10
vii. Other records necessary to document compliance with Subpart K of 24 CFR Part
570.
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and all other
records pertinent to the Agreement for a period of five (5) 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 on for the final time.
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 five-year period,
then such records must be retained until completion of the actions and resolution of all issues, or
the expiration of the five-year period, whichever occurs later.
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such
data shall include, but not be limited to, client name, address, income level or other basis for
determining eligibility, and description of service provided. Such information shall be made
available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and the use or
disclosure of such information, when not directly connected with the administration of the
County's or City's responsibilities with respect to services provided under this contract, is
prohibited by applicable federal and State law unless written consent is obtained from such
person receiving service and, in the case of a minor, that of a responsible parent/guardian.
Close-outs
The City's obligation to the County shall not end until all close-out requirements are completed.
Activities during this close-out period shall include, but are not limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to the County), and
determining the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the City has control over CDBG funds,
including program income.
6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made available to
the County, HUD, and the Controller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit
reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the
City to comply with the above audit requirements will constitute a violation of this contract and
may result in the withholding of future payments. The City hereby agrees to have an annual
agency audit conducted in accordance with current County policy concerning subrecipient audits
and OMB Circular A-133.
Page 5 of 6
Page 33 of 61
EXHIBIT C
File No:: 1.1,E.19-10
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
Attend Mandatory Cooperating
City Training
Implement Project Activities
Execute Supplemental Agreement
& Notice to Incur Cost
Tasks / Milestone
Submit Quarterly Performance
Reports to County
County Monitoring of City
Program/Performance
Specific Project Activities
City Submits Reimbursement
Requests
July 2010
Upon Notification from EDA
August 2010
Start Date
Submission of monthly status reports
To be determined by Program Manager
July 2010
September 2010
Completion Date
October 15, 2010
January 15, 2011
April 15, 2011
July 31, 2011
Monthly Submittal ❑
Other Schedule
CDBG-funded Project Complete
TBD
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
June 30, 2012
City is required to contact the County Program Manager for review prior to submission of RFP,
construction activity or cost without prior written approval. County must be contacted 10 days in
advance for attendance of Pre-Construction meeting. Original Certified payrolls must be
submitted on a weekly basis to County. City must follow proper procurement and construction
policies and procedures of the City and Riverside County, EDA as deemed by HUD. No
construction will shall commence using CDBG fimding without prior Notice to Proceed.
Page 6 of 6
Page 34 of 61
EXHIBIT D
File No.: LLE.20-10
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON-PUBLIC SERVICE)
1. GENERAL INFORMATION
CITYNAME: City of Lake F1 ino e
ADDRESS: 130 South Main StrPPt
Lake Elsinore,CA 92530
PROGRAM CONTACTS: Justin Carl son, Re Development Agency Analyst
PHONE: (951) 674-3124
FAX: (951) 471-1418
E-MAIL: icarlsonna,Lake-Elsinore.org
PROJECTNAME: HVAC Upgrades /Replacement
PROJECT LOCATION: 420 E. Lakeshore Dr., Lake Elsinore, CA 92530
LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion
CDBG ELIGIBILITY CODE: 570.201(c)
PROJECT FUNDING SUMMARY:
City Funding $20,177
Project to be administered by County (EDA) on behalf of City: YES ❑ NO
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2010-2011 Community Development Block Grant for the
HVAC Upgrades /Replacement 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 Install HVAC system at Lake Elsinore Senior Center
Page 1 of 6
Page 35 of 61
EXHIBIT D
File No.: LLE.20-10
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's National
Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out
under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a) (2) (i
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 Purchase and install energy efficient HVAC system
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ® Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
outcome (select one): ® Availability/Accessibility
❑ Affordability
❑ Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained
and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and
sufficient amount of financial resources necessary to implement and carry out the activities funded with
CDBG funds.
City will immediately notify County of any significant changes in organizational management, assigned
staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact
the City or subrecipient's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and
performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by the
County, contract suspension or termination procedures will be initiated.
Page 2 of 6
Page 36 of 61
EXHIBIT D
File No.: LLE.20-10
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 $20.177 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 24 CFR 84.21.
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.
Page 3 of 6
Page 37 of 61
EXHIBIT D
File No.: LLE.20-10
20,000
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable 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 OMB Circulars A-122, "Cost
Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or
OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as
applicable. These principles shall be applied for all costs incurred whether charged on a direct or
indirect basis.
C. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24
CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records
shall include but not be limited to:
i Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
V. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
vii. Other records necessary to document compliance with Subpart K of 24 CFR Part
570.
Page 4 of 6
Page 38 of 61
EXHIBIT D
File No.: LLE.20-10
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and all other
records pertinent to the Agreement for a period of five (5) 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 on for the final time.
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 five-year period,
then such records must be retained until completion of the actions and resolution of all issues, or
the expiration of the five-year period, whichever occurs later.
Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such
data shall include, but not be limited to, client name, address, income level or other basis for
determining eligibility, and description of service provided. Such information shall be made
available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and the use or
disclosure of such information, when not directly connected with the administration of the
County's or City's responsibilities with respect to services provided under this contract, is
prohibited by applicable federal and State law unless written consent is obtained from such
person receiving service and, in the case of a minor, that of a responsible parent/guardian,
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are completed.
Activities during this close-out period shall include, but are not limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to the County), and
determining the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the City has control over CDBG funds,
including program income.
6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made available to
the County, HUD, and the Controller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit
reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the
City to comply with the above audit requirements will constitute a violation of this contract and
may result in the withholding of future payments. The City hereby agrees to have an annual
agency audit conducted in accordance with current County policy concerning subrecipient audits
and OMB Circular A-133.
Page 5 of 6 page 39 of 61
EXHIBIT D
File No.: 1.LE.20-10
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
Attend Mandatory Cooperating
City Training
Implement Project Activities
Execute Supplemental Agreement
& Notice to Incur Cost
Tasks / Milestone
Submit Quarterly Performance
Reports to County
County Monitoring of City
Program/Performance
Specific Project Activities
City Submits Reimbursement
Requests
Monthly Submittal ❑
July 2010
Upon Notification from EDA
August 2010
Start Date
Monthly monitoring
Follow proper Procurement for obtaining HVAC
July 2010
September 2010
Completion Date
October 15, 2010
January 15, 2011
April 15, 2011
July 31, 2011
Other Schedule
CDBG-funded Project Complete
TBD
June 30, 2012
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
City is required to contact the County Program Manager for review prior to submission of RFP,
construction activity or cost without prior written approval. Must follow proper procurement
policies with a minimum of 3 bids unless otherwise noted. City must follow proper procurement
and construction policies and procedures of the City and Riverside County, EDA as deemed by
HUD. No constriction will shall commence using CDBG funding without prior Notice to
Proceed.
This public facility project meets a National Objective of the CDBG program by primarily serving
Seniors that are presumed to have low and moderate incomes. Upon project completion, City/Sponsor
must collect and report annual Direct Benefit data to EDA for a five (5) year period.
Page 6 of 6
Page 40 of 61
EXHIBIT E
FileNo.: LLE.21-10
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON-PUBLIC SERVICE)
1. GENERAL INFORMATION
CITYNAME: City of Lake F 1 i nore
ADDRESS: 130 South Main Street
Lake Elsinore,CA 92530
PROGRAM CONTACTS: Justin Carlson,ReDevelopment Agency Analyst
PHONE: (951) 674-3124
FAX: (951) 471-1418
E-MAIL: icarlson(a,Lake-Elsinore.ore
PROJECT NAME: Lake Community Center Renovation-Phase III
PROJECT LOCATION: 310 W. Graham Ave
LEVEL OF ENVIRONMENTAL CLEARANCE:
Lake Elsinore, CA 92530
Categorical Exclusion
CDBG ELIGIBILITY CODE: 570.201
PROJECT FUNDING SUMMARY:
City Funding $20,000
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2010-2011 Community Development Block Grant for the
Lake Community Center Renovation-Phase III 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 Complete Lake Community Center Renovations
CDBG funds will be used by the City to pay for the construction of various improvements to the Lake
Community Center. Improvements include kitchen, gymnasium, flooring, painting, cabinets, and doors.
Page 1 of 6
Page 41 of 61
EXHIBIT E
FileNo.: LLE.21-10
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's National
Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out
under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a) (1) (i
CFR Reference: Low Mod Area
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to implement and complete the following activity(ies):
Activity #I Complete Renovations to kitchen, gymnasium
Activity #2 Cabinet replacement, new flooring, wall repairs, painting, and replacement of facility doors
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ® Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome (select one): ® Availability/Accessibility
❑ Affordability
❑ Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained
and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and
sufficient amount of financial resources necessary to implement and carry out the activities funded with
CDBG funds.
City will immediately notify County of any significant changes in organizational management, assigned
staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact
the City or subrecipient's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and
performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by the
County, contract suspension or termination procedures will be initiated.
Page 2 of 6
Page 42 of 61
EXHIBIT E
FileNo.: LLE.21-10
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 $20.000 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 24 CFR 84.21.
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.
Page 3 of 6
Page 43 of 61
EXHIBIT E
File No.: LLE.21-10
G. Total Amount of Non- CDBG Leveraging
SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL
TOTAL: $95,370
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable 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 OMB Circulars A-122, "Cost
Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or
OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as
applicable. These principles shall be applied for all costs incurred whether charged on a direct or
indirect basis.
C. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24
CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records
shall include but not be limited to:
i Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
V. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
vii. Other records necessary to document compliance with Subpart K of 24 CFR Part
570.
Page 4 of 6
Page 44 of 61
EXHIBIT E
File No.: 1.LE.21-10
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and all other
records pertinent to the Agreement for a period of five (5) 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 on for the final time.
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 five-year period,
then such records must be retained until completion of the actions and resolution of all issues, or
the expiration of the five-year period, whichever occurs later.
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such
data shall include, but not be limited to, client name, address, income level or other basis for
determining eligibility, and description of service provided. Such information shall be made
available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and the use or
disclosure of such information, when not directly connected with the administration of the
County's or City's responsibilities with respect to services provided under this contract, is
prohibited by applicable federal and State law unless written consent is obtained from such
person receiving service and, in the case of a minor, that of a responsible parent/guardian.
Close-outs
The City's obligation to the County shall not end until all close-out requirements are completed.
Activities during this close-out period shall include, but are not limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to the County), and
determining the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the City has control over CDBG funds,
including program income.
6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made available to
the County, HUD, and the Controller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit
reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the
City to comply with the above audit requirements will constitute a violation of this contract and
may result in the withholding of future payments. The City hereby agrees to have an annual
agency audit conducted in accordance with current County policy concerning subrecipient audits
and OMB Circular A-133.
Page 5 of 6
Page 45 of 61
EXHIBIT E
File No.: LLE.21-10
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
Attend Mandatory Cooperating
City Training
Implement Project Activities
Execute Supplemental Agreement
& Notice to Incur Cost
Tasks / Milestone
Submit Quarterly Performance
Reports to County
County Monitoring of City
Program/Performance
Specific Project Activities
City Submits Reimbursement
Requests
July 2010
Upon Notification from EDA
August 2010
Start Date
To be determined by Program. Manager
To be deternuned by Program Manager
July 2010
September 2010
Completion Date
October 15, 2010
January 15, 2011
April 15, 2011
July 31, 2011
Monthly Submittal ❑
Other Schedule
CDBG-funded Project Complete
TBD
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
June 30, 2012
City is required to contact the County Program Manager for review prior to submission of RFP,
construction activity or cost without prior written approval. County must be contacted 10 days in
advance for attendance of Pre-Construction meeting. Original Certified payrolls to be submitted
on a weekly basis to County. City must follow proper procurement and construction policies and
procedures of the City and Riverside County, EDA as deemed by HUD. No construction will
shall commence using CDBG funding without prior Notice to Proceed.
Page 6 of 6
Page 46 of 61
EXHIBIT F
File No.: 1.LE.22-10
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
1. GENERAL INFORMATION
CITYNAME: City of Lake Elsinore
ADDRESS: 130 South Main Street
Lake Elsinore, CA 92530
CITY PROGRAM CONTACTS: Justin Carlson, ReDevelopment Agency Analyst
SUBRECIPIENTNAME: City of Lake Elsinore
ADDRESS: 130 South Main Street,Lake Elsinore,CA92530
PROGRAM CONTACT: Justin Carlson, ReDevelopment Agency Analyst
PHONE: (951) 674-3124 FAX: (951) 471-1418
E-MAIL: icarlson(d)Lake-Elsinore.org
PROJECT NAME: The Learning Connection
PROJECT LOCATION: 3711 Nichols Rd Lake Elsinore. CA 92530
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY:
City Funding $12,661
Project to be administered by County (EDA) on behalf of CITY: YES E] NO
IL SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2010-2011 Community Development Block Grant for the
The Learning Connection 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 CDBG funds will be used to pay or reduce the cost of membership fees for the Boys and Girls
Club's after school programs. Scholarships are limited to low/mod income children.
Page 1 of 6 Page 47 of 61
EXHIBIT F
File No.: 1.LE.22-10
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's National
Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried
out under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a) (2) (i) (B)
CFR Reference: Low Mod Limited Clientele Income Certification
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity Units Total Total
per Month Units/Year Unduplicated Persons
Activity # 1 Children receiving scholarships
30 30
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ® Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome (select one): ❑ Availability/Accessibility
® Affordability
❑ Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it 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 48 of 61
Page 2 of 6
EXHIBIT F
File No.: LLE.22-10
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 $12,661. 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 24 CFR 84.21.
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 Amount Notes
ration
d and
administrative costs.
Page 49 of 61
Page 3 of 6
EXHIBIT F
File No.: 11E.22-10
G.
Total Amount of Non- CDBG
TOTAL:
III.
A.
B.
C.
ADMINISTRATIVE REQUIREMENTS
Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable 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.
Cost Principles
The City shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or
OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as
applicable. These principles shall be applied for all costs incurred whether charged on a direct or
indirect basis.
Documentation and Record Keeping
1. Records to be Maintained
The City and its subrecipients will maintain all records required by the Federal regulations
specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this
Agreement. Such records shall include but not be limited to:
i Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
V. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
vii. Other records necessary to document compliance with Subpart K of 24 CFR Part
570.
Page 4 of 6
Page 50 of 61
EXHIBIT F
2. Records Retention
File No.: LLE.22-10
The City shall retain all financial records, supporting documents, statistical records, and all other
records pertinent to the Agreement for a period of five (5) 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 on for the final time. 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 five-year period, then such records must be retained until completion of the
actions and resolution of all issues, or the expiration of the five-year period, whichever occurs
later.
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such
data shall include, but not be limited to, client name, address, income level or other basis for
determining eligibility, and description of service provided. Such information shall be made
available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and the use or
disclosure of such information, when not directly connected with the administration of the
County's or City's responsibilities with respect to services provided under this contract, is
prohibited by applicable federal and State law unless written consent is obtained from such person
receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are completed.
Activities during this close-out period shall include, but are not limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to the County), and
determining the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the City has control over CDBG funds,
including program income.
6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made available to
the County, HUD, and the Controller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit
reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the
City to comply with the above audit requirements will constitute a violation of this contract and
may result in the withholding of future payments. The City hereby agrees to have an annual
agency audit conducted in accordance with current County policy concerning subrecipient audits
and OMB Circular A-133.
Page 51 of 61
Page 5 of 6
EXHIBIT F
File No.: LLE.22-10
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
Attend Mandatory Cooperating July 2010 July 2010
City Training
Execute Subrecipient Agreements July 1, 2010
(EDA must approve)
Implement Program Activities July 1, 2010 TBD
Execute Supplemental Agreement August 2010 September 2010
& Notice to Incur Cost
City Submit Quarterly October 15, 2010
Performance Reports to County January 15, 2011
April 15, 2011
July 31, 2011
County Monitoring of City TBD TBD
Performance
City submit Monthly September 2010 May 2011
Direct Benefit Reports
City Submits Reimbursement
Requests
Monthly Submittal ® September 2010 May 11, 2011
Other Schedule ❑
CDBG Program Services Complete
June 30, 2011
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
Sponsor must collect income self-certifications from every individual or family participating in CDBG-
funded activities or the parent or legal guardian of everv child participating in CDBG-funded activities.
This includes family income, family size, and ethnicity. Sponsor is required to collect income
verification documentation from at least 10% of the participants. All of this documentation must be
submitted to EDA on a monthly basis.
Sponsor must submit reimbursement request monthly or in accordance with other EDA approved
schedule. Final reimbursement requests must be received by EDA no later than May 15, 2011.
S\MBGFORMS~2ul0~SuppAEme.SponAyree llr & Templale.AEiLibilx SnppAgme_PS EX131 IT Templaredoc
Page 6 of 6 Page 52 of 61
File No.: 0.80-10
EXHIBIT G
SPONSOR'S AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
1. GENERAL INFORMATION
SPONSOR NAME: Helping Our People in Elsinore (H.O.P.E
ADDRESS: 29885 2nd Street, Units R&S
Lake Elsinore, CA 92532
PROGRAM CONTACTS: Ron Hewison, Chairman/CEO
PHONE: (951) 245-7510 FAX: (951) 245-7405
E-MAIL:
PROJECT NAME: H.O.P.E. Commodities Program
PROJECT LOCATION: 29885 2nd Street, Units R&S, Lake Elsinore, CA 92523
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT ]24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY: $27,483
11T District $10,000
Lake Elsinore $17,483
II. SCOPE OF SERVICE
A. Activities
Sponsor will be responsible for administering a 2010-2011 Community Development Block Grant for the
H.O.P.E. Commodities Program 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 H. O.P.E. provides meals and clothing to needy families and seniors in the Lake Elsinore area.
CDBG fiinds will be used for food supplies, freezer replacement, commodities, and
transportation costs. 400 clients will be served
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EXHIBIT CI
Prohibition Against Conflicts of Interest
Page 1 of 4
§ 570.611 Conflict of interest.
(a) Applicability.
(1) In the procurement of supplies, equipment, construction, and
services by recipients, and by subrecipients (including those specified at §
570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB
Circular A 110, respectively, shall apply.
(2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-110,
the provisions of this section shall apply. Such cases include the
acquisition and disposition of real property and the provision of assistance
by the recipient, by its subrecipients, or to individuals, businesses and
other private entities under eligible activities which authorize such
assistance (e.g., rehabilitation, preservation, and other improvements of
private properties or facilities pursuant to § 570.202, or grants, loans and
other assistance to businesses, individuals and other private entities
pursuant to § 570-203, § 570.204 or § 570.455).
(b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries
and other related administrative or personnel costs, the general rule is
that no persons described in paragraph (c) of this section who exercise or
have exercised any functions or responsibilities with respect to CDBG
activities assisted under this part 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 personal or financial interest or benefit from a
CDBG assisted activity, or have an interest in any contract, subcontract or
agreement with respect thereto, or the proceeds thereunder, either for
themselves or those with whom they have family or business ties, during
their tenure or for one year thereafter. For the UDAG program, the above
restrictions shall apply to all activities that are a part of the UDAG
project, and shall cover any such interest or benefit during, or at any time
after, such person's tenure.
(c) Persons covered. The conflict of interest provisions of paragraph (b)
of this section apply to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of the recipient, or of
any designated public agencies, or subrecipients which are receiving funds
under this part.
(d) Exceptions: threshold requirements. Upon the written request of the
recipient, HUD may grant an exception to the provisions`of paragraph (b) of
this section on a case-by-case basis when it determines that such an
exception will serve to further the purposes of the Act and the effective
and efficient administration of the recipient's program or project. An
exception may be considered only after the recipient has provided the
following:
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EXHIBIT CI
Prohibition Against Conflicts of Interest
Page 2 of 4
(1) A disclosure of the nature of the conflict, accompanied by an
assurance that there has been public disclosure of the conflict and a
description of how the public disclosure was made; and
(2) An opinion of the recipient's attorney that the interest for which
the exception is sought would not Violate State or local law.
(e) Factors to be considered for exceptions In determining whether to grant
a requested exception after the recipient has satisfactorily met the
requirements of paragraph (d) of this section, HUD shall consider the
cumulative effect of the following factors, where applicable:
(1) Whether the exception would provide a significant cost benefit or an
essential degree of expertise to the program or project which would otherwise
not be available;
(2) Whether an opportunity was provided for open competitive bidding or
negotiation;
(3) Whether the person affected is a member of a group or class of low
or moderate income persons intended to be the beneficiaries of the assisted
activity, and the exception will permit such person to receive generally the
same interests or benefits as are being made available or provided to the group
or class;
(4) Whether the affected person
or responsibilities, or the decision
specific assisted activity in question;
has withdrawn from his or her functions
making process with respect to the
(5) Whether the interest or benefit was present before the affected
person was in a position as described in paragraph (b) of this section;
(6) Whether undue hardship will result either to the recipient or the
person affected when weighed against the public interest served by avoiding the
prohibited conflict; and
(7) Any other relevant considerations.
Page 55 of 61
EXHIBIT CI
Prohibition Against Conflicts of Interest
Page 3 of 4
Community Development Block Grant
Policy Manual
I.D. # A-11
(pg. 1 of 2)
TOPIC: CONFLICT OF INTEREST CODED
RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY
DATE: October 1989
This Conflict of Interest Code is written to comply with Federal Regulations
(24 CFR Part 85). These Regulations. "Administrative Requirements for Grants
and Cooperative Agreements to State, Local and Federally Recognized Indian
Tribal Governments" require that grantees and sub-grantees will maintain a
written code of standards of conduct governing the performance of their
employees engaged in the award and administration of contracts.
1) No employee, officer or agent of the grantee shall participate in the
selection, in the award or in the administration of a contract supported by
Federal Funds if a conflict of interest, real or apparent, would be involved.
2) Such a conflict will arise when:
i) The employee, officer or agent;
ii) Any member of the immediate family;
iii) His/Her partners, or;
iv) An organization which employs, or is about to employ any of the
above has a financial or other interest in the firm's selection
for award.
3) The grantee's or sub-grantee's officers, employees or agents will neither
solicit nor accept gratuities, favors or anything of monetary value from
contractors or parties to sub-agreements except as noted in Section 4.
4) A grantee's or sub-grantee's officers, employees or agents will be presumed
to have a financial interest in a business if their financial interest exceeds
the following:
i) Any business entity in which the official has a direct or indirect
investment worth one thousand dollars ($1,000) or more.
ii) Any real property in which the official has a direct or indirect
interest worth one thousand dollars ($1,000) or more.
Page 56 of 61
EXHIBIT CI
Prohibition Against Conflicts of Interest
Page 4 of 4
Community Development Block Grant
Policy Manual
I.D. # A-11
(pg. 2 of 2)
TOPIC: CONFLICT OF INTEREST CODE
RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY
DATE: October 1989
iii) Any source of income, other
loans by a commercial lending
course of business on terms
without regard to official
hundred fifty dollars ($250)
to, received by or promised
months prior to the time when
than gifts and other than
institution in the regular
available to the public
status, aggregating two
or more in value provided
to the official within 12
the decision is made.
iv) Any business entity in which the official is a director,
officer, partner, trustee, employee, or holds any
position of management.
v) Any donor of, or any intermediary or agent for a. donor
of, a gift or gifts aggregating two hundred fifty
dollars ($250) or more in value provided to, received
by, or promised to the official within 12 months prior
to the time when the decision is made.
5) For purposes of Section 4, indirect investment or interest means any
investment or interest owned by the spouse or dependent child of an
official, by an agent on behalf of an official, or by a business
entity or trust in which the official, the official's agents,
spouse, and dependent children own directly, indirectly, or
beneficially a 10-percent interest or more.
S9WSWORW20071EXHIBIT Qdoc
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EXHIBIT "R"
Constitutional Prohibition
In accordance with First Amendment Church/State Principles, as a general rule,
CDBG/ESG assistance may not be used for religious activities or provided to primarily
religious entities for any activities, including secular activities. The following
restrictions and limitations therefore apply to the use of CDBG/ESG funds.
(1) CDBG/ESG funds may not be used for the acquisition of property or the
construction or rehabilitation (including historic preservation and removal of
architectural barriers) of structures to be used for religious purposes or which will
otherwise promote religious interests. This limitation includes the acquisition of
property for ownership by primarily religious entities and the construction or
rehabilitation (including historic preservation and removal of architectural
barriers) of structures owned by such entities (except as permitted under paragraph
(j)(2) of this section with respect to rehabilitation and under paragraph (j)(4) of
this section with respect to repairs undertaken in connection with public services)
regardless of the use to be made of the property or structure. Property owned by
primarily religious entities may be acquired with CDBG/ESG funds at no more than fair
market value for a non-religious use.
(2) CDBG/ESG funds may be used to rehabilitate buildings owned by primarily
religious entities to be used for a wholly secular purpose under the following
conditions:
(i) The building (or portion thereof) that is to be improved with the
CDBG/ESG assistance has been leased to an existing or newly-established wholly
secular entity (which may be an entity established by the religious entity);
(ii) The CDBG/ESG assistance is provided to the lessee (and 'not the
lessor) to make the improvements;
(iii) The leased premises will be used exclusively for secular purposes
available to persons regardless of religion;
(iv) The lease payments do not exceed the fair market rent of the
premises as they were before the improvements are made;
(v) The portion of the cost of any improvements that also serve a non-
leased part of the building will be allocated to and paid for by the lessor;
(vi) The lessor enters into a binding agreement that unless the lessee,
or a qualified successor lessee, retains the use of the leased premises for a wholly
secular purpose for at least the useful life of the improvements, the lessor will pay
to the lessee an amount equal to the residual value of the improvements;
(vii) The lessee must remit the amount received from the lessor under
subparagraph (2) (vi) of this section to the recipient or subrecipient from which the
CDBG/ESG funds were derived.
Page 58 of 61
EXHIBIT "R"
Constitutional Prohibition
Page 2
The lessee can also enter into a management contract authorizing the lessor
religious entity to use the building for its intended secular purpose, e.g., homeless
shelter, provision of public services. In such case, the religious entity must agree
in the management contract to carry out the secular purpose in a manner free form
religious influences in accordance with the principles set forth in paragraph (j) (3)
of this section.
(3) As a general rule, CDBG/ESG funds may be used for eligible public services
to be provided through a primarily religious entity, where the religious entity
enters into an agreement with the recipient or subrecipient from which the CDBG/ESG
funds are derived that, in connection with the provision of such services:
(i) It will not discriminate against any employee or applicant for
employment on the basis of religion and will not limit employment or give preference
in employment to persons on the basis of religion.
(ii) It will not discriminate against any person applying for such public
services on the basis of religion and will not limit such services or give preference
to persons on the basis of religion;
(iii) It will provide no religious instruction or counseling, conduct no
religious worship or services, engage in no religious proselytizing, and exert no
other religious influence in the provision of such public services;
(iv) The portion of a facility used to provide the public services shall
contain no religious symbols or decorations, other than those permanently affixed to
or part of the structure.
(4) Where the public services provided under paragraph (j) (3) of this section
are carried out on property owned by the primarily religious entity, CDBG/ESG funds
may also be used for minor repairs to such property which are directly related to
carrying out the public services where the cost constitutes in dollar terms only an
incidental portion of the CDBG/ESG expenditure for the public services.
SICDBGTOR S~007T hihii R. do
Page 59 of 61
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 Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance or HUD-
assisted projects covered by Section 3, shall, to the greatest extent feasible,
be directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in
24 CFR part 135, which implement Section 3. As evidenced by their execution of
this contract, the parties to this contract certify that they are under no
contractual or other impediment that would prevent them from complying with the
part 135 regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which the contractor has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers' representative of the contractor's commitments under
this Section 3 clause, and will post copies of the notice in conspicuous places
at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name
and location of the person(s) taking applications for each of the positions; and
the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every
subcontract subject to compliance with regulations in 24 CFR part 135, and agrees
to take appropriate action, as provided in an applicable provision of the
subcontract or in this Section 3 clause, upon a finding that the subcontractor is
in violation of the regulations in 24 CFR part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge
that the subcontractor has been found in violation.of the regulations in 24 CFR
part 135.
Page 60 of 61
EXHIBIT "S"
Page 2 of 2
E. The contractor will certify that any vacant employment positions,
including training positions, that are filled (1) after the contractor is
selected but before the contract is executed, and (2) with persons other than
those to whom the regulations of 24 CFR part 135 require employment opportunities
to be directed, were not filled to circumvent the contractor's obligations under
24 CFR part 135.
F. The contractor will certify that any vacant employment positions,
including training positions, that are filled (1) after the contractor is
selected but before the contract is executed, and (2) with persons other than
those to whom the regulations of 24 CFR part 135 require employment opportunities
to be directed, were not filled to circumvent the contractor's obligations under
24 CFR part 135.
G. Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
H. With respect to work performed in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450e) also applies to the work to be
performed under this contract. Section 7(b) requires that to the greatest extent
feasible (i) preference and opportunities for training and employment shall be
given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and
Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but
not in derogation of compliance with Section 7(b).
S:\CbBG%FORMSIP00TEXHIBIT S dm
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