HomeMy WebLinkAboutItem No. 18 CDBG JRCA FY 21-24City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake - elsinore.org
°"` In - City Council Agenda Report
File Number: ID# 19 -632
Agenda Date: 6/23/2020 Version: 1 Status: Approval Final
In Control: City Council / Successor Agency File Type: Council Consent
Calendar
Agenda Number: 18)
Approval of Community Development Block Grant (CDBG) Joint Recipient Cooperative
Aareement for Fiscal Years 2021 -2022. 2022 -2023. and 2023 -2024
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE'S URBAN
COUNTY PROGRAM FOR FISCAL YEARS 2021 -2022, 2022 -2023, AND 2023 -2024; and
2. Authorize the Mayor to execute the Joint Recipient Cooperation Agreement with the County of
Riverside allowing the City to participate in the Urban County Consolidated Planning Programs.
City of Lake Elsinore Page 1 Printed on 611812020
CITY OF
LASE LSINORE
C
DREAM EXTREME,
REPORT TO CITY COUNCIL
TO: Honorable Mayor And Members of the City Council
FROM: Grant Yates, City Manager
Prepared by: Brendan Rafferty, Fiscal Officer
DATE: June 23, 2020
SUBJECT: Approval of Community Development Block Grant (CDBG) Joint Recipient
Cooperative Agreement for Fiscal Years 2021 -2022, 2022 -2023, and 2023-
2024
Recommendations
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE'S URBAN
COUNTY PROGRAM FOR FISCAL YEARS 2021 -2022, 2022 -2023, AND 2023 -2024; and
2. Authorize the Mayor to execute the Joint Recipient Cooperation Agreement with the County
of Riverside allowing the City to participate in the Urban County Consolidated Planning
Programs.
Background
On July 27, 2017, the City executed a Joint Recipient Cooperation Agreement with the County of
Riverside allowing the City to participate in the Urban County Community Development Block
Grant program. The agreement was for Fiscal Years 2018 -2019, 2019 -2020 and 2020 -2021.
On June 5, 2020, the County of Riverside Housing, Homeless Prevention & Workforce Solutions
( "County ") provided the City copies of the attached Joint Recipient Cooperation Agreement for
the Community Development Block Grant for Fiscal Years 2021 -2022, 2022 -2023, and 2023-
2024 for the Mayor's signature.
Discussion
Under the current Joint Recipient Cooperation Agreement, the City was awarded $529,730 in FY
2019 -20. From this total, the County retains thirteen - percent (13 %) for administration of the Urban
County program. On behalf of the City, the County's duties include, but are not limited to:
• Review all funding applications for HUD eligibility.
• Carry out all administration work between HUD, applicants, and City for approved projects.
• Update and inform cities of all HUD rules and regulations.
2019 -20 CDBG Joint Recipient Cooperative Agreement
June 23, 2020
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Drafts and submits all required one (1) year and five (5) year reporting to HUD.
Handle and administer the Integrated Disbursement and Information System (IDIS) that
HUD requires and utilizes.
Execution of the attached Joint Recipient Cooperation Agreement ensures the City's continued
participation in the CDBG program for Fiscal Years 2021 -2022, 2022 -2023, and 2023 -2024.
Fiscal Impact
Although the funding levels that will be awarded by HUD for Fiscal Years 2021 -2022, 2022 -2023,
and 2023 -2024 are unknown at this time, execution of this agreement guarantees that the City
will be entitled to continued CDBG Program resources allocated by HUD and administered by the
County as a Joint Recipient Cooperation Agreement (Metropolitan City). Participation in the
Metropolitan City agreement with the County allows the City to enjoy the benefits of an Entitlement
City without having to deal with the cumbersome requirements imposed by HUD.
Exhibits:
A - Resolution No. 2020 -_ ; A Resolution of the City Council of the City of Lake Elsinore
Authorizing Participation in the County of Riverside's Urban County Program for Fiscal Years
2021 -2022, 2022 -2023, and 2023 -2024
B - Joint Recipient Cooperation Agreement for the Community Development Block Grant for
Fiscal Years 2021 -2022, 2022 -2023, and 2023 -2024
RESOLUTION NO. 2020 — XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING
PARTICIPATION IN THE COUNTY OF RIVERSIDE'S URBAN COUNTY PROGRAM FOR
FISCAL YEARS 2021 -2022, 2022 -2023, 2023 -2024
WHEREAS, the City of Lake Elsinore has elected to participate as a Metropolitan City in
the County of Riverside's Urban County Program for Federal Fiscal Years 2018 -2019,
2019 -2020, and 2020 -2021; and,
WHEREAS, the Joint Recipient Cooperation Agreement will allow the City to carry -out
activities which are funded by Community Development Block Grant funds; and,
WHEREAS, the Joint Recipient Cooperation Agreement will allow the Metropolitan City
to participate in the Urban County Consolidated Planning Programs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. The Joint Recipient Cooperation Agreement between the County of
Riverside and the City of Lake Elsinore is hereby approved.
SECTION 2. The City Council hereby authorizes and directs the Mayor to execute the
Joint Recipient Cooperation Agreement on behalf of the City of Lake Elsinore.
SECTION 3. This Resolution shall take effect from and after the date of its passage and
adoption.
PASSED AND ADOPTED this 23rd day of June 2020.
Brian Tisdale, Mayor
ATTEST:
Candice Alvarez
City Clerk
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JOINT RECIPIENT COOPERATION AGREEMENT
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT,
FOR FISCAL YEARS 2021 -22, 2022 -23, 2023 -24
This Joint Recipient Cooperation Agreement for the Community Development Block
Grant for Fiscal Years 2021 -22, 2022 -23, 2023 -24, hereinafter referred to as "Agreement" is made
I and entered into this
day of 2020, by and between the COUNTY OF
RIVERSIDE, a political subdivision of the State of California, hereinafter referred to as
"COUNTY ", and CITY OF LAKE ELSINORE, an incorporated municipality within the
geographical boundaries of the COUNTY, hereinafter referred to as "CITY." City and County
individually referred to herein as "Party" and collectively as the "Parties."
RECITALS
WHEREAS, the Housing and Community Development Act of 1974, as amended (42
U.S.C.A. § 5301 et seq.) (Public Law 93 -383), hereinafter called "ACT ", provides that Community
Development Block Grant funds hereinafter referred to as "CDBG ", may be used for the support
of activities that provide decent housing, suitable living environments, and expanded economic
opportunities principally for persons of low and moderate - income; and
WHEREAS, CDBG regulations require counties to re- qualify as an Urban County under
the CDBG program every three years; and
WHEREAS, the CITY has attained Metropolitan City status under the "ACT" and desires
to participate in the COUNTY's Urban County program as a joint recipient; and
WHEREAS, the execution of this Agreement is necessary to include CITY as a
Metropolitan City under COUNTY's Urban County CDBG program.
NOW THEREFORE, in consideration of the mutual covenants herein set forth and the
mutual benefits to be derived there from, the parties agree as follows:
1. GENERAL.
(a). This Agreement gives COUNTY authority to undertake, or assist in
undertaking, activities for Fiscal Years 2021 -22, 2022 -23, and 2023 -24, that will be funded from
the CDBG Entitlement program and from any program income generated from the expenditure of
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such funds. COUNTY and CITY agree to cooperate, to undertake, or to assist in undertaking,
community renewal and lower- income housing assistance activities.
(b). COUNTY is qualified as an "Urban County" under the ACT. CITY, by
executing this Agreement, hereby gives notice of its election to participate in an Urban County
Community Development Block Grant program, hereinafter referred to as "CDBG program" or
"Urban County Progam."
(c). By executing this Agreement, CITY understands that it may not apply for
grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during
the period in which it participates in the Urban County's CDBG program.
(d). By executing this Agreement, CITY understands, acknowledges, and agrees
that it will receive no formula HOME fund allocation from the COUNTY'S Urban County
Program. Pursuant to 24 CFR 92.101, the CITY may elect to form a HOME Investment Partnership
Act (HOME) Consortium with the COUNTY in order to be considered for HOME funding through
the COUNTY. CITY may apply for HOME funds from the State of California, if permitted by the
State.
(e). By executing this Agreement, CITY understands, acknowledges, and agrees
that it will receive no formula Emergency Solutions Grant (ESG) funds from the COUNTY'S
Urban County Program but may apply for ESG funds from the State of California, if permitted by
the State.
2. TERM.
The term of this Agreement shall be for three (3) years commencing on July 1,
2021, and expiring on June 30, 2024, unless an earlier date of termination is fixed by U.S.
Department of Housing and Urban Development, hereinafter called HUD, pursuant to ACT.
The terms of this Agreement shall remain in effect until the CDBG funds and
program income received with respect to activities carried out during the three -year qualification
period are expended and the funded activities completed. Furthermore, neither the COUNTY nor
the CITY may terminate or withdraw from this Agreement while it remains in effect.
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3. PREPARATION OF FEDERALLY REQUIRED FUNDING
APPLICATIONS.
The County of Riverside Housing, Homelessness Prevention, and Workforce
Solutions, subject to approval of COUNTY's Board of Supervisors, shall be responsible for
preparing and submitting to the U.S. Department of Housing and Urban Development (HUD), in
a timely manner, all reports and statements required by the ACT and the Federal regulations
promulgated by HUD to secure entitlement grant funding under the CDBG, HOME, and ESG
programs. This duty shall include the preparation and processing of COUNTY Housing,
Community, and Economic Development Needs Identification Report, Citizen Participation Plan,
the County Five -Year Consolidated Plan, One -Year Action Plan, Consolidated Annual
Performance and Evaluation Report (CAPER), and other related programs which satisfy the
application requirements of ACT and its regulations.
4. COMPLIANCE WITH FEDERAL STATUTES. REGULATIONS AND
OTHER APPLICABLE STATUTES, REGULATIONS AND ORDINANCES.
(a) COUNTY and CITY will comply with the applicable provisions of the
ACT and those Federal regulations promulgated by HUD pursuant thereto, as the same currently
exists or may hereafter be amended.
(b) The COUNTY and CITY are hereby obligated to take all actions
necessary to assure compliance with COUNTY's certification regarding affirmatively furthering
fair housing pursuant to Section 104 (b) of Title I of ACT, as amended.
(c) The COUNTY and CITY are hereby obligated to take all actions
necessary to assure compliance with Section 504 of the Rehabilitation Act of 1973 and the Age
Discrimination Act of 1975.
(d) COUNTY and CITY will comply with the applicable provisions of
the following: National Environmental Policy Act of 1969; Title VI of the Civil Rights Act of 1964
and Title VIII of the Civil Rights Act of 1968; the Fair Housing Act; Title 24 Code of Federal
Regulations part 570; Cranston - Gonzales National Affordable housing Act (Public Law 101 -625);
Executive Order 11063, as amended by Executive Order 12259; Executive Order 11988; the
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Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42
U.S.C. §4630, et. seq.); and other Federal or state statute or regulation applicable to the use of
CDBG, HOME Investment Partnerships Act (enacted as Title II of the National Affordable
Housing Act of 1990), and Emergency Solutions Grant funds.
(e) CITY agrees that the Urban County Program funding for activities in, or in
support of, the CITY are prohibited if CITY does not affirmatively further fair housing within
CITY'S jurisdiction or impedes COUNTY actions to comply with its fair housing certification.
(f) CITY and COUNTY shall meet the citizen participation requirements of 24
CFR 570.301 and provide Urban County Program citizens with all of the following:
i. The estimate of the amount of CDBG funds proposed to be used for
activities that will benefit persons of low and moderate - income;
ii. A plan for minimizing displacement of persons as a result of
activities assisted with CDBG funds and to assist persons actually displaced as a result of such
activities;
iii. A plan that provides for and encourages citizen participation, with
particular emphasis on participation by persons of low and moderate - incomes, residents of slum
and blighted areas, and of areas in which funds are proposed to be used, and provides for
participation of residents in low and moderate - income neighborhoods;
iv. Reasonable and timely access to local meetings, information, and
records relating to the grantee's proposed use of funds, as required by the regulations of the
Secretary, and relating to the actual use of funds under the ACT;
V. Provide for public meetings to obtain citizen views and to respond
to proposals and questions at all stages of the community development program, including at least
the development of needs, the review of proposed activities and review of program performance.
Meeting shall be held after adequate notice, at times and locations convenient to potential or actual
beneficiaries, and with accommodation for the disabled.
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(g). CITY shall develop a community development plan, for the period of this
Agreement, which identifies community development and housing needs and specifies both short
and long -term community development objectives.
(h). CITY certifies, to the best of its knowledge and belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the CITY, to any person influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any Federal contract, grant,
loan or cooperative agreement.
ii. If any funds other than Federally - appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit standard Form -LLL, "Disclosure Form to
Report Lobbying ", in accordance with its instructions.
iii. The CITY shall require that the language provided in Sections
4(e)(i) and 4(e)(ii) of this Agreement be included in the award documents for all sub - awards at all
tiers (including subcontracts, sub- grants and contracts under grants, loans, and cooperative
agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is
a material representation of fact upon which reliance was placed when this transaction was made
or entered into.
(i). In accordance with Section 519 of Public Law 101 -144, (the 1990 HUD
Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting
the use of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged in non - violent civil rights demonstrations, and that it has adopted and is
enforcing applicable State and local laws against physically barring entrance to, or exit from, a
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facility or location which is the subject of such non - violent civil rights demonstrations within its
jurisdiction.
5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES.
The COUNTY's Board of Supervisors have adopted policies and procedures to
ensure efficient and effective administration of the CDBG program. COUNTY will provide these
policies and procedures to CITY within a reasonable time after this Agreement's commencement
date. COUNTY and City agree to comply with these said policies and program objectives and to
take no actions to obstruct implementation of the approved 2104 -2019 Five Year Consolidated
Plan and the subsequent Five Year Consolidated Plan.
6. OTHER AGREEMENTS.
Pursuant to Federal regulations at 24 CFR 570.501(b), CITY is subject to the same
requirements applicable to sub - recipients, including the requirement of a written agreement set
forth in Federal regulations at 24 CFR 570.503. For each fiscal year during the term of this
Agreement, COUNTY and CITY shall enter into an additional agreement, commonly known as a
Metropolitan City Supplemental Agreement, that will have a term coinciding with a CDBG
Program Year and enumerate the project(s) CITY will implement with its entitlement funds. Said
Supplemental Agreement will set forth the time schedule for completion of said project(s) and any
funding sources, in addition to entitlement funds, that will be used in completing the project(s). If
substantial compliance with the completion schedule, due to unforeseen or uncontrollable
circumstances, cannot be met by CITY, the schedule for the project(s) may be extended by
COUNTY. If COUNY determines that substantial progress toward drawdown of funds is not
made during the term of the Supplemental Agreement, the entitlement funds associated with the
project(s) may be reprogrammed by COUNTY, to other activities as determined by COUNTY,
after COUNTY provides appropriate written notice to CITY. COUNTY's decision not to extend
the completion schedule associated with the project(s), or to reprogram the entitlement funds
associated with the project(s), will not excuse CITY from complying with terms of this Agreement.
7. DETERMINATION OF PROJECTS TO BE FUNDED AND
DISTRIBUTION OF ENTITLEMENT FUNDS.
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CITY agrees to submit to COUNTY in writing, no later than the date specified by
COUNTY prior to each program year, the activities that the CITY desires to implement with its
entitlement funds, said designation to comply with statutory and regulatory provisions governing
citizen's participation. Said designation is to be reviewed by the COUNTY's Housing,
Homelessness Prevention, and Workforce Solutions to determine that the projects are eligible
under Federal regulations for funding and inclusion in the One Year Action Plan of the County's
Five -Year Consolidated Plan and consistent with both Federal and COUNTY policy governing
use of Community Development Block Grant (CDBG) funds.
In the event that CITY fails to submit to COUNTY the identified activities that the
CITY desires to implement with its entitlement funds by the date specified prior to each program
year, the COUNTY may determine the activities to be funded, without consent of the CITY,
consistent with both Federal and COUNTY policy governing use of Community Development
Block Grant (CDBG) funds.
Consistent with Sections 3, 4, 5, 6, and 7 of this Agreement, COUNTY's Board of
Supervisors will make the final determination of the distribution and disposition of all CDBG
funds received by COUNTY pursuant to the Act.
8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL.
CITY warrants that those officers, employees, and agents, retained by it and
responsible for implementing projects funded with CDBG have received, reviewed, and will
follow the Community Development Block Grant Manual that has been prepared and amended by
COUNTY, which Manual is incorporated herein and made a part hereof by this reference.
9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY
CONSTRUCTED WITH CDBG FUNDS.
When CDBG funds are used, in whole or in part, by CITY to acquire real property
or to construct a public facility, CITY shall comply with the National Environmental Policy Act
of 1969 (42 U.S.C. § 4321, et seq.), the California Environmental Quality Act (Cal. Pub. Resources
Code § 21000, et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. § 4630, et seq.), and California Government Code Sections 7260 et seq.,
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as those laws may be amended from time -to -time and any Federal or state regulations issued to
implement the aforementioned laws.
In addition, the following is to occur:
(a) Title to the real property shall vest in CITY;
(b) The real property title will be held by or the constructed facility will be
maintained by the CITY for the approved use until five years after the date that the project is
reported as "Completed" within the annual Consolidated Annual Performance and Evaluation
Report.
(c) While held by CITY, the real property or the constructed facility is to be
used exclusively for the purpose for which acquisition or construction was originally approved by
COUNTY;
(d) CITY shall provide timely written notice to COUNTY of any action which
would result in a modification or change in the use of the real property purchased or improved, in
whole or in part, with CDBG or HOME funds from that planned at the time of acquisition or
improvement, including disposition.
(e) CITY shall provide timely written notice to citizens and opportunity to
comment on any proposed modification or change;
(f) Written approval from COUNTY must be secured if the property or the
facility is to be put to an alternate use that is or is not consistent with Federal regulations governing
CDBG funds;
(g) Should CITY desire during the five (5) year period to use the real property
or the constructed facility for a purpose not consistent with applicable Federal regulations
governing CDBG funds or to sell the real property or facility, then:
(i) If CITY desires to retain title, it will have to reimburse either COUNTY
or the Federal government an amount that represents the percentage of current fair market value
that is identical to the percentage that CDBG funds initially comprised to when the property was
acquired or the facility was constructed;
(ii) If CITY sells the property or facility, or is required to sell the property
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or facility, CITY is to reimburse the COUNTY an amount that represents the percentage of
proceeds realized by the sale that is identical to the percentage that CDBG funds comprised of the
monies paid to initially acquire the property or construct the facility. This percentage amount will
be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.
10. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE
OF CDBG FUNDS.
CITY shall inform COUNTY in writing of any income generated by the
expenditure of CDBG funds received by CITY from COUNTY. CITY may retain program income
so generated and may only be used for eligible activities, as determined by the COUNTY, in
accordance with all CDBG requirements, including all requirements for citizen participation.
The COUNTY is required by HUD to monitor and report the receipt and use of all
program income. CITY is required to track, monitor, and report any and all program income as
requested by COUNTY.
11. TERMINATION.
Except as provided for in Section 2, CITY and COUNTY cannot terminate or
withdraw from this Agreement while it remains in effect.
12. NOTICES.
All correspondence and notices required or contemplated by this Agreement shall
be delivered to the respective parties at the addresses set forth below and are deemed submitted
two days after their deposit in the United States mail, postage prepaid:
COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE
Heidi Marshall, Director, Grant Yates, City Manager
County of Riverside HHPWS
P.O. Box 1428
City of Lake Elsinore
130 South Main Street
Riverside, CA 92504 Lake Elsinore, CA 92530
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13. AGREEMENT ADMINISTRATION.
The City Manager in the case of the City of Lake Elsinore, and the Director of
Housing, Homelessness Prevention, and Workforces Solutions, in the case of the County of
Riverside, or their designee, shall administer the terms and conditions of this Agreement for their
respective city or county.
14. COOPERATION: FURTHER ACT.
The PARTIES shall cooperate fully with one another, and shall take any additional
acts or sign any additional documents as may be necessary, appropriate or convenient to attain the
purpose of the Agreement.
15. NO THIRD -PARTY BENEFICIARIES.
This Agreement is made and entered into for the sole protection and benefit of the
PARTIES hereto and shall not create any rights in any third parties. No other person or entity shall
have any right or action based upon the provisions of the Agreement.
16. SECTION HEADINGS.
The Section headings herein are for the convenience of the PARTIES only and shall
not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the
provisions or language of this Agreement.
17. FORMER AGREEMENTS UTILIZING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS BETWEEN COUNTY AND CITY.
All agreements between CITY and COUNTY regarding the use of CDBG funds for
fiscal years 1975 -76 through fiscal years 2018 -2021, and any Supplemental Agreements there
under, shall remain in full force and effect. If the language of this Agreement is in conflict or
inconsistent with the terms of any prior said agreements between CITY and COUNTY, the
language of this Agreement will be controlling.
18. INDEMNIFICATION
CITY agrees to indemnify, defend, and hold harmless COUNTY and its authorized
officers, employees, agents, and volunteers from any and all claims, actions, losses, damages,
and/or liability arising from CITY acts, errors or omissions and for any costs or expenses incurred
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by COUNTY on account of any claim therefore, except where such indemnifications is prohibited
by law. CITY shall promptly notify COUNTY in writing of the occurrence of any such claims,
actions, losses, damages, and/or liability.
CITY shall indemnify and hold harmless COUNTY against any liability, claims,
losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its
successor that activities undertaken by CITY under the program(s) fail to comply with any laws,
regulations, or policies applicable thereto or that any funds billed by and disbursed to CITY under
this Agreement were improperly expended.
19. COMPLIANCE WITH LAWS AND REGULATIONS.
By executing this Agreement, the Parties hereby certify that they will adhere to and
comply with all Federal, state and local laws, regulations and ordinances.
20. ENTIRE AGREEMENT.
It is expressly agreed that this Agreement embodies the entire agreement of the
Parties in relation to the subject matter hereof, and that no other agreement or understanding,
verbal or otherwise, relative to this subject matter, exists between the Parties at the time of
execution.
21. SEVERABILITY.
Each paragraph and provision of this Agreement is severable from each other
provision and in the event any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provision will never the less
continue in full force without being impaired or invalidated in any way.
22. ASSIGNMENT.
CITY shall not make any sale, assignment, conveyance or lease of any trust or
power, or transfer in any other form with respect to this Agreement, or delegate or assign any
interest in this Agreement without prior written approval of the County.
23. INTERPRETATION AND GOVERNING LAW.
This Agreement and any dispute arising hereunder shall be governed by and
interpreted in accordance with the laws of the State of California. This Agreement shall be
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construed as a whole according to its fair language and common meaning to achieve the objectives
and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are
to be resolved against the drafting Parry shall not be employed in interpreting this Agreement, all
Parties having been represented by counsel in the negotiation and preparation hereof.
24. WAIVER.
Failure by a Party to insist upon the strict performance of any of the provisions of
this Agreement by the other Party, or the failure by a Parry to exercise its rights upon the default
of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict
compliance by the other Party with the terms of this Agreement thereafter.
25. JURISDICTION AND VENUE.
Any action at law or in equity arising under this Agreement or brought by a Party
hereto for the purpose of enforcing, construing or determining the validity of any provision of this
Agreement shall be filed in the Superior Court of California, County of Riverside, State of
California, and the Parties hereto waive all provisions of law providing for the filing, removal or
change of venue to any other court or jurisdiction.
26. AMENDMENTS
No change, amendment, or modification to the Agreement shall be valid or binding
upon CITY or COUNTY unless such change, amendment, or modification is in writing and duly
executed. CITY and COUNTY agree to adopt any necessary amendments to this Agreement to
incorporate changes required by HUD as set forth in the Urban County Qualification Notice.
Amendments must be submitted to HUD as provided in the Urban County Qualification Notice
and failure to do so will void the automatic renewal for such qualification period.
27. SPECIAL PROVISIONS FOR METROPOLITAIN CITY/URBAN
COUNTY JOINT RECIPIENT:
(a) The CITY is part of the Urban County Program for purposes of planning
and implementation for the entire period of the Urban County Qualification for program years
2021 -22, 2022 -23, and 2023 -24 under the CDBG program.
(b) HUD will consider the CITY as a unit of general local government that is
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part of the COUNTY's Urban County program.
(c) HUD shall determine the annual amount of CDBG allocation to which the
CITY is entitled, and the COUNTY will be the grant recipient.
(d) The CITY's allocation will be that portion of the total annual allocation as
specified by written notice from HUD, less sixteen percent (16 %) to be retained by the COUNTY
for administration of the Urban County CDBG program.
(e) All other terms and conditions applicable to an Urban County participating
city shall apply to the CITY including automatic renewal provisions found in Paragraph 2 of this
Agreement unless prohibited by HUD.
28. PROHIBITION OF CDBG FUND TRANSFER
The CITY may not sell, trade, or otherwise transfer all or any portion of the CDBG
funds to another such cooperating city, metropolitan city, urban county, or Indian tribe, that
directly receives CDBG funds in exchange for any other funds, credits, or non - Federal
considerations. CITY must use the CDBG funds for activities eligible under Title I of the ACT.
29. AUTHORITY TO EXECUTE.
The persons executing this Agreement or exhibits attached hereto on behalf of the
Parties to this Agreement hereby warrant and represent that they have the authority to execute
this Agreement and warrant and represent that they have the authority to bind the respective
Parties to this Agreement to the performance of its obligations hereunder.
30. INCORPORATION OF RECITALS
The Parties hereby affirm the facts set forth in the recitals above. Said recitals are
incorporated herein and made an operative part of this Agreement.
31. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which, together, shall constitute one and the same instrument.
Remainder of Page Intentionally Blank
[Signatures on Following Page]
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IN WITNESS WHEREOF, the COUNTY and CITY have executed this Agreement on
the date shown below.
Date:
COUNTY OF RIVERSIDE,
a political subdivision of the
State of California
BY:
Heidi Marshall, Director
Housing, Homelessness Prevention
& Workforce Solutions
APPROVED AS TO FORM:
Gregory P. Priamos, County Counsel
IN
Amrit Dhillon, Deputy County Counsel
CITY OF LAKE ELSINORE,
a general law city
BY:
Mayor
ATTEST:
BY:
City Clerk
APPROVED AS TO FORM:
BY:
City Attorney
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COUNTY COUNSEL CERTIFICATION
The Office of County Counsel hereby certifies that the terms and provisions of this
Agreement are fully- authorized under state and local law and that the Agreement provides full
legal authority for the COUNTY to undertake, or assist in undertaking, essential community
development and housing assistance activities specifically urban renewal and publicly assisted
housing.
Gregory P. Priamos
County Counsel
By:
Deputy, Amrit Dhillon
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