HomeMy WebLinkAboutItem No. 12 Approval of CDBG Supplemental Agreement 2020-2021 Program YearCity of Lake Elsinore
LW811-Si no
130 South Main Street
Lake Elsinore, CA 92530
www.lake - elsinore.org
Ne °— IKikr- ' City Council Agenda Report
File Number: TMP 19 -1012
Agenda Date: 11/10/2020 Version: 1 Status: Approval Final
In Control: City Council / Successor Aqency
Agenda Number: 12)
File Type: Council Consent
Calendar
Approval of Community Development Block Grant (CDBG) Supplemental Agreement 2020 -2021
Program Year
Authorize the Mayor to execute the Supplemental Agreement between the County of Riverside and the
City of Lake Elsinore for the Use of 2020 -2021 Community Development Block Grant Funds.
City of Lake Elsinore Page 1 Printed on 111512020
CITY OF
LADE LSINORE
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: November 10, 2020
Subject: Approval of Community Development Block Grant (CDBG) Supplemental
Agreement 2020 -2021 Program Year
Recommendations
Authorize the Mayor to execute the Supplemental Agreement between the County of Riverside
and the City of Lake Elsinore for the Use of 2020 -2021 Community Development Block Grant
Funds.
Background
At its regular scheduled meeting on December 10, 2019, the City Council approved the
Community Development Block Grant (CDBG) projects for fiscal year 2020 -2021. At that time,
the City Council approved allocation of FY 2020 -2021 CDBG funds for the following:
• City of Lake Elsinore — Lake Community Center Rehabilitation
• Assistance League of Temecula Valley — Operation School Bell
• Helping Our People In Elsinore, Inc. (H.O.P.E.) — Pantry Program
• Vista Community Clinic — Healthcare Services Program
Discussion
On October 6, 2020, the City received a "Supplemental Agreement for the Use of 2020 -2021
Community Development Block Grant Funds" (Agreement).
Executed copies of the Agreement must be returned to the County of Riverside Housing,
Homelessness Prevention, and Workforce Solutions (HHPWS) no later than November 20, 2020
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 staff receives 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.
2020 -21 CDBG Supplemental Agreement
November 10, 2020
Page 2of2
The City of Lake Elsinore estimated a CDBG allocation of approximately $521,920 for program
year 2020 -2021; however, HHPWS notified staff that the total allocation to the City this year
increased to $596,653. Out of the $596,653, twelve percent (12 %) is to allocated to the County
for administrative costs. The remaining $525,055 is allocated to the City for public service
programs and capital improvement.
The approved allocation is as follows:
11E.72 -20 Vista Community Clinic Program $20,812
11E.73 -20 Lake Community Center Rehabilitation $455,243
0.224 -20 H.O.P.E. Pantry Program $29,000
0.220 -20 Operation School Bell $20,000
Total $525,055
Fiscal Impact
There is no fiscal impact to the 2020 -2021 General Fund. Projects are paid through the CDBG
reimbursement process once the "authorization to incur costs" has been issued by the County of
Riverside.
Exhibits:
A - Supplemental Agreement for the Use of 2020 -2021 CDBG Funds
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File No.:LLE.72 -20 and 1.LF.73 -20
SUPPLEMENTAL AGREEMENT FOR THE USE OF
2020 -2021 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Supplemental Agreement ( "Agreement ") is entered into this day of
, 2020, by and between the COUNTY OF RIVERSIDE, a political subdivision
of the State of California, herein called, "COUNTY," and the CITY OF LAKE ELSINORE,
herein called "CITY." COUNTY and CITY are collectively referred to as "Parties" and
individually as "Party."
The COUNTY and CITY mutually agree as follows:
1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated
July 11, 2017 ( "Cooperation Agreement "), whereby CITY elected to participate with COUNTY,
which has qualified as an "Urban County" for purposes of receiving Community Development
Block Grant (CDBG) funds ( "CDBG "), and to assist and undertake essential community
development and housing assistance activities pursuant to the Housing and Community
Development Act of 1974, Title 1, as amended, Public Law 93 -383 hereinafter referred to as "Act."
Said Cooperation Agreement, dated July 11, 2017, is incorporated herein by reference and made a
part of this Agreement as if each and every provision was set forth herein.
2. PURPOSE. CITY has been allocated $525,055 in CDBG Entitlement funds for the
2020 -2021 CDBG program year. CITY promises and agrees to undertake and assist with the
community development activities, within its jurisdiction, by utilizing the sum of $476,055 CDBG
Entitlement Funds, as specifically identified in Exhibit(s) A, and B, attached hereto, and are
incorporated herein by this reference, for the following project(s) (collectively, the "Projects "):
A) LLE.72 -20 Vista Community Clinic Program, $20,812.
B) LLE.73 -20 Lake Community Center Rehabilitation, $455,243.
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CITY has allocated the remaining $49,000 from its 2020 -2021 CDBG allocation to certain
activities identified below, hereinafter referred to as "County -wide Activities," that will be directly
administered by COUNTY:
0.220 -20 Operation School Bell, $20,000.
0- 224 -20 H.O.P.E Pantry Program, $29,000.
3. TERM OF AGREEMENT. The term of this Agreement for the implementation of
the Project(s) shall be for a period of one (1) year from July 1, 2020, to termination on June 30,
2021.
4. COMPLETION SCHEDULE. CITY shall proceed consistent with the completion
schedule set forth in Exhibit(s) A, and B, attached hereto and incorporated herein.
5. EXTENSION OF TIME. In the event the Project(s) are not substantially completed by
the time set forth in the applicable completion schedule(s) due to a force majeure event (See
Section 40 below), the COUNTY may consider extending the schedule for the completion of the
project(s). Times of performance for other activities may also be extended in writing by
COUNTY. If substantial progress toward completion in conformance with the completion
schedule, as determined by COUNTY in its discretion, of the project(s) are not made during the
term of this Supplemental Agreement, COUNTY may suspend or terminate this Supplemental
Agreement pursuant to the termination procedures set forth in the section titled "Termination,"
and the entitlement funds associated with the Project(s) may be reprogrammed by the COUNTY
after appropriate notice is provided to the City.
6. LETTER TO PROCEED. CITY shall not initiate nor incur expenses for the CDBG-
funded Projects or activities covered under the terms of this Supplemental Agreement as set forth
in Exhibit(s) A, and B, attached hereto, prior to receiving written authorization from COUNTY to
proceed.
7. NOTICES. Each notice, request, demand, consent, approval or other
communication (hereinafter in this Section referred to collectively as "notices" and referred to
singly as a "notice ") which the CITY or COUNTY is required or permitted to give to the other
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party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and
sufficiently given if (a) personally delivered with proof of delivery thereof (any notice so delivered
shall be deemed to have been received at the time so delivered); or (b) sent by Federal Express (or
other similar national overnight courier) designating early morning delivery (any notice so
delivered shall be deemed to have been received on the next Business Day following receipt by
the courier); or (c) sent by United States registered or certified mail, return receipt requested,
postage prepaid, at a post office regularly maintained by the United States Postal Service (any
notice so sent shall be deemed to have been received two days after mailing in the United States),
addressed to the respective parties as follows:
COUNTY CITY
Heidi Marshall Grant Yates
Riverside County HHPWS Director City of Lake Elsinore
P.O. Box 1528
130 S. Main Street
Riverside, CA 92502 Lake Elsinore, CA 92532
8. DISBURSEMENT OF FUNDS.
A. COUNTY's Board of Supervisors shall determine the final disposition and
distribution of all funds received by COUNTY under the Act consistent with Sections 2 and 3 of
this Supplemental Agreement. COUNTY, through its Department of Housing, Homelessness
Prevention, and Workforce Solutions, shall make payment of the CDBG funds to CITY as set
forth in the attached Exhibit(s) A, and B. It is the CITY's responsibility to monitor all project
activities set forth in the attached Exhibit(s) A, and B, and to ensure compliance with applicable
federal regulations and the terms of this Supplemental Agreement.
B. CITY shall comply with timely drawdown of CDBG Entitlement funding
by expeditiously implementing and completing the COUNTY- approved, CDBG - funded Projects.
CITY acknowledges that CITY's drawdown performance directly impacts the COUNTY's overall
program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January 31, 2021,
exceeds one hundred and seventy -five percent (175 %) of the CITY's 2020 -2021 CDBG allocation,
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the COUNTY may, in its sole discretion, take the necessary administrative actions to reduce the
CITY's CDBG fund balance. Necessary actions include, but are not limited to, reprogramming the
excess CDBG fund balance to other eligible activities as selected by COUNTY. COUNTY may,
in its sole and absolute discretion, authorize CITY in writing, prior to January 31, 2021, to exceed
the CDBG fund balance requirement.
C. CITY shall comply with timely drawdown of CDBG funds by submitting
monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All
disbursements of CDBG funds will be on a reimbursement basis and made within thirty (30) days
after the COUNTY has received the CITY's reimbursement request including documentation
supporting expenditures.
D. All authorized obligations incurred in the performance of the Supplemental
Agreement for projects eligible under the following CDBG regulations must be reported in writing
to COUNTY no later than June 1, 2021:
1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)]
2. Clearance Activities [24 CFR 570.201 (d)]
3. Interim Assistance [24 CFR 570.201 (f)]
4. Code Enforcement [24 CFR 570.202 (c)]
All public service activities [24 CFR 570.201 (e)] and other eligible activities under this
Supplemental Agreement must be implemented, completed, and obligations reported in writing to
the COUNTY by the CITY no later than the completion schedules set forth in the attached Exhibits
to this Supplemental Agreement. "CFR" as used herein refers to the Code of Federal Regulations.
9. RECORDS AND INSPECTIONS.
A. CITY shall establish and maintain financial, programmatic, statistical, and
other supporting records of its operations and financial activities in accordance with the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
CFR Part 200), and 24 CFR Section 570.502 (a), as they relate to the acceptance and use of federal
funds under this Agreement. Said records shall be retained for a period of four (4) years from the
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date that the activity or program funded with the CDBG Grant is closed out by the COUNTY and
reported as complete in the Comprehensive Annual Performance and Evaluation Report (CAPER).
Exceptions to the four (4) year retention period requirement, pursuant to 2 CFR 200.333 include,
but not limited to, the following:
i. if any litigation, claim, or audit is started prior to the expiration of
the four (4) year period;
H. when the CITY is notified in writing by the COUNTY, HUD, or
other Federal agency to extend the retention period;
iii. records for real property and equipment acquired with CDBG funds
must be retained for four (4) years after final disposition;
iv. when the records are transferred by the CITY to the COUNTY,
HUD, or other Federal agency, the four (4) year period is not applicable.
B. CITY shall obtain an external audit in accordance with the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
CFR Section 200.500). Audits shall usually be performed annually but not less frequently than
every two years. Nonprofit institutions and government agencies that expend less than $750,000 a
year in Federal awards are exempt from Federal audit requirements, but records must be available
for review by appropriate officials of the Federal grantor agency or subgranting entity. The audit
report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal
year.
C. CITY shall maintain a separate account for the CITY'S CDBG Entitlement
funds received as set forth in Exhibit(s) A, B, C, and D., attached hereto.
D. Pursuant to 2 CFR 200.336, CITY shall, during the normal business hours,
make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD),
or other authorized representative, for the examination and copying, all of its records and other
materials with respect to matters covered by this Agreement and provide reasonable access to
CITY staff for the purpose of interview and discussion related to the records and documents.
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E. CITY shall not retain any program income as defined in 24 CFR 570.500.
Said program income shall be used only for the activities that are the subject of this Agreement.
Further, all provisions of this Agreement shall apply to such activities.
F. The CITY shall ensure that at least fifty -one percent (51 %) of the persons
benefiting from all CDBG - funded activities or projects designated as serving limited clientele [24
CFR 570.208(a)(2)(i)] are of low and moderate - income and meet the applicable household income
guidelines. The CITY shall provide the required income certification and direct benefit
documentation, in writing, to the COUNTY pursuant to the reporting requirement of each activity
as set forth in Exhibit(s) A, and B, attached hereto. In the event that CITY engages the services of
a sub - contractor to implement CDBG - funded activities, the CITY must collect, in writing, all
required income certification and direct benefit documentation from subcontractors prior to
submittal to the COUNTY pursuant to the reporting requirement of each activity as set forth in
Exhibit(s) A, and B, attached hereto.
10. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal,
state, and local laws, regulations, and ordinances and any amendments thereto and the federal
regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY
is to comply with those regulations found in the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 570.
CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared
by COUNTY and cited in the above - mentioned Cooperation Agreement. CITY shall comply, if
applicable, with Section 3 of the Housing & Urban Development Act of 1968 (12 U.S.C.A. Section
1701u), as amended, a copy of which is attached hereto as Exhibit "S ", and incorporated herein by
this reference. CITY shall adhere to the restrictions set forth in 24 CFR 570.200 0) and 24 CFR
Section 5.109, which is attached hereto as Exhibit "R ", a copy of which is incorporated herein by
this reference, pertaining to inherently religious activities. CITY shall comply with the Additional
Federal Requirements, if applicable, attached hereto as Exhibit "AFR ", and incorporated herein
by this reference.
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11. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with
COUNTY in undertaking essential community development and housing assistance activities,
specifically urban renewal and public assistance housing, and shall assist COUNTY in
implementing and undertaking the goals and strategies identified in the 2019 -2024 Five Year
Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community
Development Block Grant Program.
12. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to Title 14 CCR Section 1501(d), the
CITY is designated as the lead agency for the projects that are the subject matter of this
Supplemental Agreement.
13. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the
provisions of Section 895.2 of the California Government Code imposing certain tort liability
jointly upon public entities solely by reason of such entities being parties to an agreement as
defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in
Section 895.4 and 895.6 of the Code, agree that each Parry 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.
The hold harmless and indemnification obligations set forth herein shall survive the
termination and expiration of this Agreement. In the event there is conflict between this clause and
California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code
2782. Such interpretation shall not relieve the CITY from indemnifying the Indemnitees to the
fullest extent allowed by law.
14. 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
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maintained, at its sole cost and expense, the following insurance coverage's during the term of this
Agreement. As respects to the insurance section only, the COUNTY herein refers to the County
of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors,
officers, Board of COUNTY OF RIVERSIDE Supervisors, employees, elected or appointed
officials, agents, or representatives as Additional Insureds
a. Workers' Compensation:
If the CITY has employees as defined by the State of California, the CITY shall
maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of
the State of California. Policy shall include Employers' Liability (Coverage B) including
Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall
be endorsed to waive subrogation in favor of the County of Riverside.
b. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to,
premises liability, contractual liability, products and completed operations liability, personal and
advertising injury, and cross liability coverage, covering claims which may arise from or out of
CITY'S performance of its obligations hereunder. Policy shall name the County of Riverside as
Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence
combined single limit. If such insurance contains a general aggregate limit, it shall apply
separately to this agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations
under this Agreement, then CITY shall maintain liability insurance for all owned, non -owned or
hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit.
If such insurance contains a general aggregate limit, it shall apply separately to this agreement or
be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside as
Additional Insured.
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d. General Insurance Provisions - All lines:
(i). Any insurance carrier providing insurance coverage hereunder shall
be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8)
unless such requirements are waived, in writing, by the County Risk Manager. If the County's
Risk Manager waives a requirement for a particular insurer such waiver is only valid for that
specific insurer and only for one policy term.
(ii). The CITY must declare its insurance self - insured retentions. If such
self - insured retentions exceed $500,000 per occurrence such retentions shall have the prior written
consent of the County Risk Manager before the commencement of operations under this
Agreement. Upon notification of self - insured retention unacceptable to the COUNTY, and at the
election of the Country's Risk Manager, CITY'S carriers shall either; 1) reduce or eliminate such
self - insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which
guarantees payment of losses and related investigations, claims administration, and defense costs
and expenses.
(iii). CITY shall cause CITY'S insurance carrier(s) to furnish the County
of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified
original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so
orally or in writing by the County Risk Manager, provide original Certified copies of policies
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
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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.
(iv). It is understood and agreed to by the parties hereto that the CITY'S
insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or
deductibles and/or self - insured retention's or self - insured programs shall not be construed as
contributory.
(v). If, during the term of this Agreement or any extension thereof, there
is a material change in the scope of services; or, there is a material change in the equipment to be
used in the performance of the scope of or, the term of this Agreement, including any extensions
thereof, exceeds five (5) years, the COUNTY reserves the right to adjust the types of insurance
required under this Agreement and the monetary limits of liability for the insurance coverage's
currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or
type of insurance carried by the CITY has become inadequate.
(vi). CITY shall pass down the insurance obligations contained herein to
all tiers of subcontractors working under this Agreement.
(vii). The insurance requirements contained in this Agreement may be
met with a program(s) of self - insurance acceptable to the COUNTY.
(viii). CITY agrees to notify COUNTY of any claim by a third party or
any incident or event that may give rise to a claim arising from the performance of this Agreement.
15. INDEPENDENT CONTRACTOR. The CITY is, for purposes relating to this
Supplemental Agreement, an independent contractor and shall not be deemed an employee of the
COUNTY. It is expressly understood and agreed that the CITY (including its employees, agents
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and subcontractor's) shall in no event be entitled to any benefits to which the COUNTY employees
are entitled, including but not limited to overtime, any retirement benefits, worker's compensation
benefits, and injury leave or other leave benefits. There shall be no employer - employee
relationship between the parties; and the CITY shall hold the COUNTY harmless from any and all
claims that may be made against the COUNTY based upon any contention by a third party that an
employer - employee relationship exists by reason of this Supplemental Agreement. It is further
understood and agreed by the parties that the CITY in the performance of this Supplemental
Agreement is subject to the control or direction of the COUNTY merely as to the results to be
accomplished and not as to the means and methods for accomplishing the results.
16. NONDISCRIMINATION. CITY shall abide by 24 CFR Sections 570.601 and
570.602 of Title 24 of the Code of Federal Regulations which requires that no person in the United
States shall on the grounds of race, color, national origin, sex, sexual orientation, gender identity,
or veterans status be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with Community
Development funds.
CITY shall abide by and include in any subcontracts to perform work under this
Supplemental Agreement, the following clause:
"During the performance of this Supplemental Agreement, CITY and its subcontractors
shall not unlawfully discriminate against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, physical disability, medical
condition, marital status, veterans status, sexual orientation, gender identity, age (over 40)
or sex. CITY and subcontractors shall insure that the evaluation and treatment of their
employees and applicants for employment are free of such discrimination. CITY and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act
(California Government Code Section 12900 et seq.). The applicable regulations of the
Fair Employment and Housing Commission are implementing California Government
Code Section 12990 et seq., set forth in Chapter 1 of Division 4.1 of Title 2 of the California
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Administrative Code are incorporated into this Agreement by reference and made a part
hereof as if set forth in full. CITY and its subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective
bargaining or other agreement."
17. PROHIBITION AGAINST CONFLICTS OF INTEREST
A. CITY and its assigns, employees, agents, consultants, officers and elected
and appointed officials shall become familiar with and shall comply with the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
CFR Part 200) and the CDBG regulations prohibiting conflicts of interest contained in 24 CFR
570.611.
B. The Subrecipient shall maintain a written code or standards of conduct that
shall govern the performance of its officers, employees or agents engaged in the award and
administration of contracts supported by Federal funds.
C. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by Federal funds if a conflict
of interest, real or apparent, would be involved.
D. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG- assisted activities, or who are in a position to participate in
a decision - making process or gain inside information with regard to such activities, may obtain a
financial interest in any contract, or have a financial interest in any contract, subcontract, or
agreement with respect to the CDBG- assisted activity, or with respect to the proceeds from the
CDBG- assisted activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes
of this paragraph, a "covered person" includes any person who is an employee, agent, consultant,
officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public
agency.
E. CITY understands and agrees that no waiver of exception can be granted to
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the prohibition against conflict of interest except upon written approval of HUD pursuant to 24
CFR 570.611(d). Any request by CITY for an exception shall first be reviewed by COUNTY to
determine whether such request is appropriate for submission to HUD in the COUNTY'S sole and
absolute discretion. In determining whether such request is appropriate for submission to HUD,
COUNTY will consider the factors listed in 24 CFR 570.611(d)(2).
F. Prior to the distribution of any CDBG funding under this Supplemental
Agreement, CITY shall provide COUNTY, in writing, a list of all employees, agents, consultants,
officers and elected and appointed officials who are in a position to participate in a decision making
process, exercise any functions or responsibilities, or gain inside information with respect to the
CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY
any potential conflict, including even the appearance of conflict that may arise with respect to the
CDBG activities funded under this Supplemental Agreement.
G. Any violation of this Section 17 shall be deemed a material breach of this
Supplemental Agreement, and the Supplemental Agreement shall be immediately terminated by
the COUNTY.
18. LOBBYING. CITY certifies to the best of its knowledge and belief, that:
a. No federally - appropriated funds have been paid or will be paid, by or on
behalf of the CITY, to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
b. If any funds other than federally - appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
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CITY shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in
I accordance with its instructions.
C. CITY shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into.
19. TERMINATION.
A. CITY. CITY may not terminate this Agreement except upon express written
consent of COUNTY, pursuant to 2 CFR 200.339 (a)(3).
B. COUNTY. Notwithstanding the provisions of Paragraph 19a above,
COUNTY may suspend or terminate this Supplemental Agreement upon a ten (10) day written
notice to CITY of action being taken and the reason for such action including, but not limited to,
the following reasons:
(1) In the event CITY fails to perform the covenants herein contained
at such times and in such manner as provided in this Supplemental Agreement; and
(2) In the event there is a conflict with any federal, state or local law,
ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement
invalid or untenable; or
(3) In the event the funding from the Department of Housing and Urban
Development referred to in Sections 1 and 2 above is terminated or otherwise becomes unavailable.
C. This Agreement may be terminated and/or funding suspended, in whole or
in part, for cause in accordance with the Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be based on the failure
of the CITY to materially comply with either the terms or conditions of this Agreement. Upon
suspension of funding, the CITY agrees not to incur any costs related thereto, or connected with,
any area of conflict from which the COUNTY has determined that suspension of funds is
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necessary. CITY acknowledges that failure to comply with Federal statutes, regulations, or the
terms and conditions of this Agreement may be considered by the COUNTY in evaluating future
CDBG and non -CDBG funding applications submitted by CITY.
D. Upon suspension or termination of this Supplemental Agreement, CITY
shall return any unencumbered funds which it has been provided by COUNTY. In accepting said
funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach
of this Supplemental Agreement.
E. Reversion of Assets
I . Upon expiration or termination of this Supplemental Agreement, the
CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the
Supplemental Agreement as well as any accounts receivable held by CITY which are attributable
to the use of CDBG funds awarded pursuant to this Supplemental Agreement.
2. Any real property under the CITY'S control that was acquired or
improved in whole or in part with CDBG funds (including CDBG funds provided to the CITY in
the form of a loan) in excess of $25,000 is either:
(i) Used to meet one of the National Objectives pursuant to 24
CFR 570.208 until five years after expiration of this agreement, or for such longer period of time
as determined to be appropriate by the COUNTY; or
(ii) Not used in accordance with Clause (i) above, in which event
the CITY shall pay the COUNTY an amount equal to the current market value of the property less
any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of, or
improvement to, the property.
20. PUBLICITY. Any publicity generated by CITY for the Projects funded pursuant to
this Supplemental Agreement will make reference to the contribution of the COUNTY, the
Department of Housing, Homelessness Prevention, and Workforce Development, and the
Community Development Block Grant Program in making the project possible.
21. PROGRAM MONITORING AND EVALUATION. CITY and its subcontractors
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shall be monitored and evaluated in terms of its effectiveness and timely compliance with the
provisions of this Supplemental Agreement and the effective and efficient achievement of the
CDBG National Objectives as set forth in Exhibit(s) A, and B, attached hereto. Quarterly reports
shall be due on the last day of the month immediately following the end of the quarter being
reported. The quarterly written reports shall include, but shall not be limited to, the following data
I elements:
A. Title of program, listing of components, description of activities /operations.
B. The projected goals, indicated numerically, and also the goals achieved (for
each report period). In addition, identify by percentage and description, the progress achieved
towards meeting the specified goals and identify any problems encountered in meeting goals.
C. If the CDBG - funded activity meets a National Objective under 24 CFR
570.208 (a)(2)(i), CITY will report the following:
1) Total number of direct beneficiaries (clientele served) with
household incomes at:
• Above 80% MHI
• Between 50% and 80% MHI (Low- Income)
• Between 30% and 50% MHI (Very Low - Income)
• Less than 30% MHI (Extremely Low - Income)
2) Total number and percent ( %) of the clientele served that have
household incomes at or below 80% MHI
3) Racial ethnicity of clientele
4) Number of Female- Headed Households
D. CITY shall report, in writing, and cause its subcontractors to report, in
writing, beneficiary statistics monthly to Housing, Homelessness Prevention, and Workforce
Solutions ( HHPWS) 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 HHPWS should HUD implement changes during the term of this
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Supplemental Agreement. CITY and subcontractors will collect and provide all necessary data
required by HUD pertaining to the Specific Outcome Indicators as identified in HUD's
Community Planning and Development (CPD) Outcome Performance Measurement System.
22. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval
from HHPWS prior to implementing the following "high risk" activities funded with CDBG
I 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. PRIOR COUNTY APPROVAL (CONSTRUCTION ACTIVITIES). CITY shall
obtain COUNTY's written approval, through its HHPWS, of the project plans, specifications,
and construction documents prior to CITY'S construction of same for all projects consisting of
CDBG - funded construction activities. The COUNTY neither undertakes nor assumes nor will
have any responsibility or duty to CITY or to any third party to review, inspect, supervise, pass
judgment upon or inform CITY or any third party of any matter in connection with the
development or construction of the improvements, whether regarding the quality, adequacy or
suitability of the plans, any labor, service, equipment or material furnished to the property, any
person furnishing the same, or otherwise. CITY and all third parties shall rely upon its or their
own judgment regarding such matters, and any review, inspection, supervision, exercise of
judgment or information supplied to CITY or to any third party by the COUNTY in connection
with such matter is for the public purpose of assisting with a community development and
housing activity pursuant to the Act, and neither CITY (except for the purposes set forth in this
Agreement) nor any third party is entitled to rely thereon. The COUNTY shall not be responsible
for any of the work of construction, improvement, or development of the property.
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It is the responsibility of CITY, without cost to COUNTY, to ensure that all applicable
local jurisdiction land use requirements will permit development of the property and construction
of the improvements and the use, operation, and maintenance of such Improvements in
accordance with the provisions of this Agreement. Nothing contained herein shall be deemed to
entitle Sponsor to any local jurisdiction or County permit or other local jurisdiction or County
approval necessary for the development of the Property, or waive any applicable local
jurisdiction or County requirements relating thereto. This Agreement does not (a) grant any land
use entitlement to CITY, (b) supersede, nullify, or amend any condition which may be imposed
by the local jurisdiction in connection with approval of the development described herein, (c)
guarantee to CITY or any other parry any profits from the development of the Property, or (d)
amend any local jurisdiction or County laws, codes or rules.
24. PRIOR COUNTY APPROVAL (AQUISITION ACTIVITIES). CITY shall obtain
COUNTY's written approval and authorization to proceed, through its HHPWS , of all CDBG-
funded real property acquisition activities.
25. 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 will comply with the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section
200.311); National Environmental Policy Act of 1969 (42 U.S.C.A. §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, as amended (42
U.S.C.A. §4630, et seq.); and the COUNTY's Five Year Consolidated Plan. In addition, the
following is to occur:
a. Title to the real property shall vest in CITY;
b. The real property will be held by CITY, or the constructed facility will be
maintained by the CITY, for a minimum period of five (5) years from the date the CDBG - funded
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activity is closed -out and reported as complete by the COUNTY through the Comprehensive
Annual Performance and Evaluation Report (CAPER);
C. While held by CITY, the real property or the constructed facility is to be
used exclusively for the purposes for which acquisition or construction was originally approved
by COUNTY;
d. Written approval from COUNTY must be secured if the property or the
facility is to be put to an alternate use that is consistent with the COUNTY'S Five Year
Consolidated Plan or the applicable federal regulations governing CDBG funds;
e. Should CITY desire to use the real property or the constructed facility, prior
to the completion of the mandatory five -year period, for a purpose not consistent with applicable
federal regulations governing CDBG funds or to sell the real property or facility, then:
(1) If CITY desires to retain title, CITY will reimburse COUNTY the
amount that represents the percentage of current fair market value that is identical to the
percentage that CDBG funds initially comprised of monies paid to acquire the property or
construct the facility; or
(2) If CITY sells the property or facility or is required to sell the
property or facility, CITY shall reimburse COUNTY the amount that represents the percentage
of proceeds realized by the sale that is identical to the percentage that CDBG funds initially
comprised of monies paid to 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.
26. ENTIRE AGREEMENT. This Supplemental Agreement, including any
attachments or exhibits hereto constitutes the entire Supplemental Agreement of the parties with
respect to its subject matter and supersedes all prior and contemporaneous representations,
proposals, discussions and communications, whether oral or in writing. No oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto. Each of the
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attachments and exhibits attached hereto is incorporated herein by this reference.
27. SEVERABILITY. Each section, paragraph and provision of this Supplemental
Agreement is severable from each other provision, and if any provision or part thereof is declared
invalid, the remaining provisions shall remain in full force and effect.
28. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY
agrees to notify in writing, and to cause any subcontractor implementing CDBG - funded Projects
to notify, in writing, the Riverside County Workforce Development Center of any and all job
openings that are caused by the CDBG - funded Projects under this Supplemental Agreement.
29. MINISTERIAL ACTS. The Director of Housing, Homelessness Prevention, and
Workforce Solutions or designee(s) are authorized to take such ministerial actions as may be
necessary or appropriate to implement the terms, provisions, and conditions of this Supplemental
Agreement as it may be amended from time -to -time by COUNTY.
30. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no
liability for any later determination by the United States Government, the U.S. Department of
Housing and Urban Development, or any other person or entity that CITY is or is not eligible
under 24 CFR Part 570 to receive CDBG entitlement funds from the COUNTY.
31. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant
to this Supplemental Agreement is Community Development Block Grant funds (CFDA 14.218),
and the Grant Award Number is B- 20 -UC -06 -0506.
32. ASSIGNMENT. The CITY shall not make any assignment or transfer in any form
with respect to this Supplemental Agreement, without prior written approval of the COUNTY.
33. INTERPRETATION AND GOVERNING LAW. This Supplemental Agreement
and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws
of the State of California. This Supplemental Agreement shall be construed as a whole according
to its fair language and common meaning to achieve the objectives and purposes of the parties
hereto, and the rule of construction to the effect that ambiguities are to be resolved against the
drafting parry shall not be employed in interpreting this Supplemental Agreement, all parties
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having been represented by counsel in the negotiation and preparation hereof.
34. WAIVER. Failure by a party to insist upon the strict performance of any of the
provisions of this Supplemental Agreement by the other party, or the failure by a party to exercise
its rights upon the default of the other party, shall not constitute a waiver of such party's rights to
insist and demand strict compliance by the other party with the terms of this Supplemental
Agreement thereafter.
35. JURISDICTION AND VENUE: Any action at law or in equity arising under this
Supplemental Agreement or brought by a party hereto for the purpose of enforcing, construing or
determining the validity of any provision of this Supplemental Agreement shall be filed only in
the Superior Court of the State of California, located in Riverside, 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
36. USE OF PROPERTY. Whenever federal CDBG funds or program income are used,
in whole or in part, for the purchase of equipment or personal property, the property shall not be
transferred from its originally funded use, by CITY or the CITY'S subcontractor implementing
the CDBG - funded activity, for a period of five (5) years from the close -out date of the grant from
which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY
monitoring and review.
37. AUTHORITY TO EXECUTE. The persons executing this Supplemental
Agreement or exhibits attached hereto on behalf of the parties to this Supplemental Agreement
hereby warrant and represent that they have the authority to execute this Supplemental Agreement
and warrant and represent that they have the authority to bind the respective parties to this
Supplemental Agreement to the performance of its obligations hereunder.
38. EFFECTIVE DATE. The effective date of this Supplemental Agreement is the date
the parties sign the Supplemental Agreement. If the parties sign the Supplemental Agreement on
more than one date, then the last date the Supplemental Agreement is signed by a party shall be
the effective date.
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39. COUNTERPARTS. This Supplemental Agreement may be signed by the
different parties hereto in counterparts, each of which shall be an original but all of which together
shall constitute one and the same agreement.
40. FORCE MAJEURE.
A. Performance by either party hereunder shall not be deemed to be in default
where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes,
fires, casualties, acts of God, acts of the public enemy, epidemics, pandemic, quarantine
restrictions, freight embargoes, lack of transportation, governmental restrictions or priority,
litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays
of any contractor, sub - contractor or supplier, acts of the other party, acts or failure to act of a public
or governmental agency or entity, or any causes beyond the control or without the fault of the party
claiming an extension of time to perform.
B. An extension of time for any such cause (a "Force Majeure Delay ") shall be
for the period of the enforced delay and shall commence to run from the time of the commencement
of the cause, if notice by the party claiming such extension is sent to the other party within thirty
(30) calendar days of knowledge of the commencement of the cause. Notwithstanding the
foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until
the party claiming such delay and interference delivers to the other party written notice describing
the event, its cause, when and how such parry obtained knowledge, the date the event commenced,
and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall
deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event.
41. MODIFICATION OF AGREEMENT. This Supplemental Agreement may be
modified or amended only by a writing signed by the duly authorized and empowered
representative of COUNTY and CITY respectively.
42. DIGITAL AND ELECTRONIC SIGNATURES. The parties agrees to the use of
electronic signatures, such as digital signatures that meet the requirements of the California
Uniform Electronic Transactions Act (( "CUETA ") Cal. Civ. Code §§ 1633.1 to 1633.17). The
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parties further agree that the electronic signatures of the parties included in this Agreement are
intended to authenticate this writing and to have the same force and effect as manual
signatures. Electronic signature means an electronic sound, symbol, or process attached to or
logically associated with an electronic record and executed or adopted by a person with the intent
to sign the electronic record pursuant to CUETA as amended from time to time. Digital signature
means an electronic identifier, created by computer, intended by the party using it to have the same
force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties.
For purposes of this section, a digital signature is a type of "electronic signature" as defined in
subdivision (i) of Section 1633.2 of the Civil Code.
[Remainder of Page Intentionally Blank]
[Signatures on Following Page]
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IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as
of the dates set forth below.
COUNTY OF RIVERSIDE,
a political subdivision of the
State of California
BY:
CITY OF LAKE ELSINORE,
a general law city
mm
Michael Walsh,
Deputy Director Name:
Date:
APPROVED AS TO FORM:
Gregory P. Priamos, County Counsel
LZA
Amrit P. Dhillon,
Deputy County Counsel
Title:
Date:
ATTEST:
BY:
City Clerk
APPROVED AS TO FORM:
BY:
City Attorney
Page 24 of 24
EXHIBIT "R"
(Page 1 of 6)
24 C.F.R. § 5.109
Equal participation of faith -based organizations in
HUD programs and activities.
Effective: May 4, 2016
(a) Purpose.
Consistent with Executive Order 13279 (issued on December 12, 2002, 67 FR
77141), entitled "Equal Protection of the Laws for Faith -Based and Community
Organizations," as amended by Executive Order 13559 (issued on November 17,
2010, 75 FR 71319), entitled "Fundamental Principles and Policymaking
Criteria for Partnerships With Faith -Based and Other Neighborhood
Organizations," this section describes requirements for ensuring the equal
participation of faith -based organizations in HUD programs and activities.
These requirements apply to all HUD programs and activities, including all
of HUD's Native American Programs, except as may be otherwise noted in the
respective program regulations in title 24 of the Code of Federal Regulations
(CFR), or unless inconsistent with certain HUD program authorizing statutes.
b) Definitions. The following definitions apply to this section:
Direct Federal financial assistance means Federal financial assistance
provided when a Federal Government agency or an intermediary, as defined in
this section, selects the provider and either purchases services from that
provider (i.e., via a contract) or awards funds to that provider to carry
out an activity (e.g., via grant, sub - grant, sub - award, or cooperative
agreement). The recipients of sub - grants or sub - awards that receive Federal
financial assistance through State - administered programs (e.g., flow - through
programs) are considered recipients of direct Federal financial assistance.
In general, Federal financial assistance shall be treated as direct, unless
it meets the definition of indirect Federal financial assistance.
Federal financial assistance means assistance that non - Federal entities
receive or administer in the forms of grants, contracts, loans, loan
guarantees, property, cooperative agreements, food commodities, direct
appropriations, or other assistance, but does not include a tax credit,
deduction, or exemption.
Indirect Federal financial assistance means Federal financial assistance
provided when the choice of the provider is placed in the hands of the
beneficiary, and the cost of that service is paid through a voucher,
certificate, or other similar means of Government - funded payment. Federal
financial assistance provided to an organization is considered indirect when
the Government program through which the beneficiary receives the voucher,
certificate, or other similar means of Government - funded payment is neutral
EXHIBIT "R"
(Page 2 of 6)
toward religion; the organization receives the assistance as a result of a
decision of the beneficiary, not a decision of the Government; and the
beneficiary has at least one adequate secular option for the use of the
voucher, certificate, or other similar means of Government - funded payment.
Intermediary means an entity, including a nongovernmental organization,
acting under a contract, grant, or other agreement with the Federal
Government or with a State, tribal or local government that accepts Federal
financial assistance and distributes that assistance to other entities that,
in turn, carry out activities under HUD programs.
(c) Equal participation of faith -based organizations in HUD programs and
activities.
Faith -based organizations are eligible, on the same basis as any other
organization, to participate in HUD programs and activities. Neither the
Federal Government, nor a State, tribal or local government, nor any other
entity that administers any HUD program or activity, shall discriminate
against an organization on the basis of the organization's religious
character or affiliation, or lack thereof. In addition, decisions about
awards of Federal financial assistance must be free from political
interference or even the appearance of such interference and must be made on
the basis of merit, not based on the religious character or affiliation, or
lack thereof, of an organization.
(d) Separation of explicitly religious activities from direct Federal
financial assistance.
(1) A faith -based organization that applies for, or participates in, a HUD
program or activity supported with Federal financial assistance retains its
independence and may continue to carry out its mission, including the
definition, development, practice, and expression of its religious beliefs,
provided that it does not use direct Federal financial assistance that it
receives (e.g., via contract, grant, sub - grant, sub -award or cooperative
agreement) to support or engage in any explicitly religious activities
(including activities that involve overt religious content such as worship,
religious instruction, or prose lytization), or in any other manner prohibited
by law.
(2) A faith -based organization that receives direct Federal financial
assistance may use space (including a sanctuary, chapel, prayer hall, or
other space) in its facilities (including a temple, synagogue, church,
mosque, or other place of worship) to carry out activities under a HUD
program without removing religious art, icons, scriptures, or other religious
symbols. In addition, a faith -based organization participating in a HUD
program or activity retains its authority over its internal governance, and
may retain religious terms in its organization's name, select its board
members on a religious basis, and include religious references in its
organization's mission statements and other governing documents.
EXHIBIT "R"
(Page 3 of 6)
(e) Explicitly religious activities.
If an organization engages in explicitly religious activities (including
activities that involve overt religious content such as worship, religious
instruction, or proselytization), the explicitly religious activities must
be offered separately, in time or location, from the programs or activities
supported by direct Federal financial assistance and participation must be
voluntary for the beneficiaries of the programs or activities that receive
direct Federal financial assistance.
(f) Intermediary responsibilities to ensure equal participation of faith -
based organizations in HUD programs.
If an intermediary— acting under a contract, grant, or other agreement with
the Federal Government or with a State, tribal or local government that is
administering a program supported by Federal financial assistance —is given
the authority to select a nongovernmental organization to receive Federal
financial assistance under a contract, grant, sub - grant, sub - award, or
cooperative agreement, the intermediary must ensure that such organization
complies with the requirements of this section. If the intermediary is a
nongovernmental organization, it retains all other rights of a
nongovernmental organization under the program's statutory and regulatory
provisions.
(g) Beneficiary protections.
Faith -based organizations that carry out programs or activities with direct
Federal financial assistance from HUD must give written notice to
beneficiaries and prospective beneficiaries of the programs or activities
describing certain protections available to them, as provided in this
subsection. In addition, if a beneficiary or prospective beneficiary objects
to the religious character of the organization carrying out the programs or
activities, that organization must promptly undertake reasonable efforts to
identify and refer the beneficiary or prospective beneficiary to an
alternative provider to which the beneficiary or prospective beneficiary has
no such objection.
(1) Written notice. The written notice must state that:
(i) The organization may not discriminate against a beneficiary or
prospective beneficiary on the basis of religion, religious belief, a refusal
to hold a religious belief, or a refusal to attend or participate in a
religious practice;
(ii) The organization may not require beneficiaries to attend or participate
in any explicitly religious activities that are offered by the organization,
and any participation by beneficiaries in such activities must be purely
voluntary;
EXHIBIT "R"
(Page 4 of 6)
(iii) The organization must separate, in time or location, any privately
funded explicitly religious activities from activities supported by direct
Federal financial assistance;
(iv) If a beneficiary objects to the religious character of the organization,
the organization must undertake reasonable efforts to identify and refer the
beneficiary to an alternative provider to which the beneficiary has no such
objection; and
(v) Beneficiaries or prospective beneficiaries may report an organization's
violation of these protections, including any denial of services or benefits
by an organization, by contacting or filing a written complaint to HUD or
the intermediary, if applicable.
(2) Timing of notice. The written notice must be given to prospective
beneficiaries before they enroll in any HUD program or activity. When the
nature of the program or activity or exigent circumstances make it
impracticable to provide the written notice in advance, the organization
must provide written notice to beneficiaries of their protections at the
earliest available opportunity.
(3) Referral requirements.
(i) If a beneficiary or prospective beneficiary of a program or activity
that receives direct Federal financial assistance from HUD objects to the
religious character of an organization that carries out the program or
activity, that organization must promptly undertake reasonable efforts to
identify and refer the beneficiary or prospective beneficiary to an
alternative provider to which the beneficiary or prospective beneficiary has
no such objection.
(ii) A referral may be made to another faith -based organization, if the
beneficiary or prospective beneficiary has no objection to that provider
based on the provider's religious character. But if the beneficiary or
prospective beneficiary requests a secular provider, and a secular provider
is available, then a referral must be made to that provider.
(iii) Except for activities carried out by telephone, Internet, or similar
means, the referral must be to an alternative provider that is in reasonable
geographic proximity to the organization making the referral and that carries
out activities that are similar in substance and quality to those offered by
the organization. The alternative provider also must have the capacity to
accept additional beneficiaries.
(iv) If the organization determines that it is unable to identify an
alternative provider, the organization shall promptly notify the
intermediary or, if there is no intermediary, HUD. If HUD or an intermediary
is notified that an organization is unable to identify an alternative
provider, HUD or the intermediary, as appropriate, shall promptly determine
EXHIBIT "R"
(Page 5 of 6)
whether there is any other suitable alternative provider to which the
beneficiary or prospective beneficiary may be referred. An intermediary that
receives a request for assistance in identifying an alternative provider may
request assistance from HUD.
(4) Recordkeeping.
A faith -based organization providing a referral under paragraph (g) (3) of
this section must document a beneficiary or prospective beneficiary's request
for a referral, whether the beneficiary or prospective beneficiary was
referred to another provider, to which provider the beneficiary or
prospective beneficiary was referred, and if the beneficiary or prospective
beneficiary contacted the alternative provider, unless the beneficiary or
prospective beneficiary requests no follow up.
(h) Nondiscrimination requirements.
Any organization that receives Federal financial assistance under a HUD
program or activity shall not, in providing services or carrying out
activities with such assistance, discriminate against a beneficiary or
prospective beneficiary on the basis of religion, religious belief, a refusal
to hold a religious belief, or a refusal to attend or participate in a
religious practice. However, this section does not require any organization
that only receives indirect Federal financial assistance to modify its
program or activities to accommodate a beneficiary that selects the
organization to receive indirect aid.
(i) Exemption from Title VII employment discrimination requirements.
A religious organization's exemption from the Federal prohibition on
employment discrimination on the basis of religion, set forth in section
702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e -1), is not forfeited
when the organization participates in a HUD program. Some HUD programs,
however, contain independent statutory provisions that impose certain
nondiscrimination requirements on all grantees. Accordingly, grantees should
consult with the appropriate HUD program office to determine the scope of
applicable requirements.
(j) Acquisition, construction, and rehabilitation of structures.
Direct Federal financial assistance may be used for the acquisition,
construction, or rehabilitation of structures only to the extent that those
structures are used for conducting eligible activities under a HUD program
or activity. Where a structure is used for both eligible and explicitly
religious activities (including activities that involve overt religious
content such as worship, religious instruction, or proselytization), direct
Federal financial assistance may not exceed the cost of the share of
acquisition, construction, or rehabilitation attributable to eligible
activities in accordance with the cost accounting requirements applicable to
EXHIBIT "R"
(Page 6 of 6)
the HUD program or activity. However, acquisition, construction, or
rehabilitation of sanctuaries, chapels, or other rooms that a HUD - funded
faith -based organization uses as its principal place of worship, may not be
paid with direct Federal financial assistance. Disposition of real property
by a faith -based organization after its use for an authorized purpose, or
any change in use of the property from an authorized purpose, is subject to
Government -wide regulations governing real property disposition (2 CFR part
200, subpart D) and the HUD program regulations, as directed by HUD.
k) Commingling of Federal and State, tribal, and local funds.
If a State, tribal, or local government voluntarily contributes its own funds
to supplement direct Federal financial assistance for an activity, the State,
tribal or local government has the option to segregate those funds or
commingle them with the direct Federal financial assistance. However, if the
funds are commingled, the requirements of this section apply to all of the
commingled funds. Further, if a State, tribal, or local government is
required to contribute matching funds to supplement direct Federal financial
assistance for an activity, the matching funds are considered commingled
with the direct Federal financial assistance and, therefore, subject to the
requirements of this section. Some HUD programs' requirements govern any
activity assisted under those programs. Accordingly, recipients should
consult with the appropriate HUD program office to determine the scope of
applicable requirements.
Credits
[69 FR 41717, July 9, 2004; 80 FR 75934, Dec. 7, 2015; 81 FR 19416, April 4,
2016]
SOURCE: 61 FR 5202, Feb. 9, 1996; 61 FR 9041, March 6, 1996; 61 FR 9537,
March 8, 1996; 61 FR 11113, March 18, 1996; 61 FR 13616, March 27, 1996; 61
FR 54498, Oct. 18, 1996; 70 FR 77743, Dec. 30, 2005; 73 FR 72340, Nov. 28,
2008; 75 FR 66258, Oct. 27, 2010; 77 FR 5674, Feb. 3, 2012; 80 FR 42352,
July 16, 2015; 81 FR 19416, April 4, 2016; 81 FR 80798, Nov. 16, 2016; 81 FR
90657, Dec. 14, 2016, unless otherwise noted.
AUTHORITY: 12 U.S.
3535(d); Sec. 327,
119 Stat. 3051 (42
2002 Comp., p. 258;
29 U.S.C. 794, 42
3535(d), and Sec
42 U.S.C. 5304(b);
11063, 27 FR 11527,
3 CFR, 1994 Comp.,
1701x; 42 U.S.C. 1437a, 1437c,
Pub.L. 109 -115, 119 Stat. 2936; Sec.
U.S.C. 14043e et seq.); E.O. 13279
and E.O. 13559, 75 FR 71319, 3 CFR,
U.S.C. 1437a, 1437c, 1437c -1(d),
27, Pub.L. 109 -115, 119 Stat. 2936;
42 U.S.C. 12101 et seq.; 42 U.S.
3 CFR, 1958 -1963 Comp., p. 652; E.
p. 849.
1437d, 1437f, 1437n,
607, Pub.L. 109 -162,
67 FR 77141, 3 CFR,
2010 Comp., p. 273.;
1437d, 1437f, 1437n,
42 U.S.C. 3600 -3620;
C. 12704 - 12708; E.O.
D. 12892, 59 FR 2939,
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.A. 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.
EXHIBIT 'S"
Page 2 of 2
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.
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. 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.
G. 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).
ADDITIONAL FEDERAL REQUIREMENTS
EXHIBIT "AFR"
Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal,
State, and local laws and regulations, including but not limited to the
regulations pertaining to the Community Development Block Grant (24 CFR
Part 570) and the Uniform Administrative Requirements, Cost Principles
and Audit Requirements for Federal Awards (2 CFR 200). All contractors,
sub - contractors, consultants, and sub - consultants agree to comply with,
and are subject to, the following Federal requirements (if applicable):
1. Equal Employment Opportunity: Compliance with Executive Order 11246 of
September 24, 1965, entitled "Equal Employment Opportunity ", as amended by
Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor Regulations (41 CFR chapter 60). The SUBRECIPIENT will
not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. SUBRECIPIENT will
ensure that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national
origin. The SUBRECIPIENT will take affirmative action to ensure that
applicants are employed and the employees are treated during employment,
without regard to their race color, religion, sex, or national origin.
Such actions shall include, but are not limited to, the following:
employment, up- grading, demotion, or transfer; recruitment or recruitment
advertising; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The SUBRECIPIENT agrees to post
in a conspicuous place, available to employees and applicants for
employment, notices to be provided by the County setting forth the
provisions of this non- discrimination clause;
2. Copeland "Anti- Kickback" Act (18 U.S.C. Section 874 and 40 U.S.C.A.
Section 3145): All contracts and subgrants in excess of $2,000 for
construction or repair awarded by recipients and subrecipients shall
include a provision for compliance with the Copeland "Anti- Kickback" Act
(18 U.S.C. Section 874), as supplemented by Department of Labor
Regulations (29 CFR Part 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States ") ( "ACT "). The Act provides that each contractor or
subrecipient shall be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to HUD.
3. Davis -Bacon Act, as amended (40 U.S.C.A. Section 3141 - 3148): When required
by Federal program legislation, all construction contracts awarded by the
1
ADDITIONAL FEDERAL REQUIREMENTS
EXHIBIT "AFR"
recipients and subrecipients of more than $2,000 shall include a provision
for compliance with the Davis -Bacon Act (40 U.S.C.A. Section 3148) and as
supplemented by Department of Labor Regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed
and
Assisted Construction "). Under the Davis Bacon Act, contractors shall be
required to pay wages to laborers and mechanics at a rate not less than
the minimum wages specified in a wage determination made by the U.S.
Secretary of Labor. In addition, contractors shall be required to pay
wages not less than once a week. The recipient shall place a copy of the
current prevailing wage determination issued by the U.S. Department of
Labor in each solicitation and the award of a contract shall be
conditioned upon the acceptance of the wage determination. The recipient
shall report all suspected or reported violations to HUD.
4. Contract Work Hours and Safety Standards Act (40 U.S.C.A. 3701 - 3708):
Where applicable, all contracts awarded by SUBRECIPEINT in excess of
$2,000 for construction contracts and in excess of $2,500 for other
contracts that involve the employment of mechanics or laborers shall
include a provision for compliance with the Contract Work Hours and Safety
Standards (40 U.S.C.A. 3701 - 3708), as supplemented by Department of Labor
Regulations (29 CFR Part 5). Under Section 40 U.S.C.A. 3702, each
contractor shall be required to compute the wages of every mechanic and
laborer on the basis of a standard workweek of 40 hours. Work in excess of
the standard workweek is permissible provided that the worker is
compensated at a rate of not less than 1 1/2 times the basic rate of pay
for all hours worked in excess of 40 hours in the workweek. 40 U.S.C.A.
3704 is applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement: Contracts or
agreements for the performance of experimental, developmental, or research
work shall provide for the rights of the Federal Government and the
recipient in any resulting invention in accordance with 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by HUD.
6. Rights to Data and Copyrights: Contractors and consultants agree to comply
with all applicable provisions pertaining to the use of data and
copyrights pursuant to 48 CFR Part 27.404 -3, Federal Acquisition
2
ADDITIONAL FEDERAL REQUIREMENTS
EXHIBIT "AFR"
Regulations (FAR).
7. Air Pollution and Control (formally known as the Clean Air Act) (42
U.S.C.A. 7401 et seq.) and the Federal Water Pollution Control Act (33
U.S.C.A. Section 1251 et seq.), as amended: Contracts and subgrants of
amounts in excess of $100,000 shall contain a provision that requires the
recipient to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C.A. 7401 et
seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C.A.
Section 1251 et seq.). Violations shall be reported to HUD and the
Regional Office of the Environmental Protection Agency (EPA).
8. Anti- Lobbying Certification (31 U.S.C.A. 1352): The language of the
certification set forth in this paragraph below shall be included in all
contracts or subcontracts entered into in connection with this grant
activity and all SUBRECIPIENTS shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering
into this transaction imposed by 31 U.S.C.A. Section 1352. Any person who
fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and no more than $100,000 for such
failure.
"The undersigned certifies, to the best of his or her knowledge or belief,
that:
No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant loan or cooperative agreement, he /she
will complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions."
9. Debarment and Suspension (Executive Orders (E.O.) 12549 and 12689): No
contract shall be made to parties listed on the General Services
3
ADDITIONAL FEDERAL REQUIREMENTS
EXHIBIT " "AFR"
Administration's List of Parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and 12689,
"Debarment and Suspension," as set forth at 2 CFR Part 2424. This list
contains the names of parties debarred, suspended, or otherwise excluded
by agencies, and contractors declared ineligible under statutory or
regulatory authority other than E.O. 12549. Contractors with awards that
exceed the small purchase threshold shall provide the required
certification regarding its exclusion
status and that of its principal employees.
10. Drug -Free Workplace Requirements: The Anti -Drug Abuse Act of 1988 (41
U.S.C.A. Section 8101 -8103) requires grantees (including individuals) of
federal agencies, as a prior condition of being awarded a grant, to
certify that they will provide drug -free workplaces. Each potential
recipient must certify that it will comply with drug -free workplace
requirements in accordance with the Act and with HUD's rules at 2 CFR Part
2424.
11. Access to Records and Records Retention: The Consultant or Contractor, and
any sub - consultants or sub - contractors, shall allow all duly authorized
Federal, State, and /or County officials or authorized representatives
access to the work area, as well as all books, documents, materials,
papers, and records of the Consultant or Contractor, and any sub -
consultants or sub - contractors, that are directly pertinent to a specific
program for the purpose of making audits, examinations, excerpts, and
transcriptions. The Consultant or Contractor, and any sub - consultants or
sub - contractors, further agree to
maintain and keep such books, documents, materials, papers, and records,
on a current basis, recording all transactions pertaining to this
agreement in a form in accordance with generally acceptable accounting
principles. All such books and records shall be retained for such periods
of time as required by law, provided, however, notwithstanding any shorter
periods of retention, all books, records, and supporting detail shall be
retained for a period of at least four (4) years after the expiration of
the term of this Agreement.
12. Federal Employee Benefit Clause: No member of or delegate to the congress
of the United States, and no Resident Commissioner shall be admitted to
any share or part of this agreement or to any benefit to arise from the
same.
13. Energy Efficiency: Mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (Pub. L.
94 - 163, Dec. 22, 1975; 42 U.S.C.A. Section 6201, et seq., 89 Stat. 871).
14. Procurement of Recovered Materials (2 CFR 200.322.): A non - Federal entity
that is a state agency or agency of a political subdivision of a state and
4
ADDITIONAL FEDERAL REQUIREMENTS
EXHIBIT "AFR"
its contractors must comply with 42 U.S.C. Section 6962 of the Solid Waste
Disposal Act (42 U.S.C.A. Section 6901, et seq.), as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired by the preceding
fiscal year exceeded $10,000; procuring solid waste management services in
a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
5
FXHTRTT A
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
L GENERAL INFORMATION
CITY NAME: City of Lake Elsinore
ADDRESS: 130 S. Main Street
Lake Elsinore, CA 92532
CITY PROGRAM CONTACTS: Fernando Sanudo, CEO
SUBRECIPIENT NAME: Vista Community Clinic
ADDRESS: 1000 Vale Terrace Drive, Vista, CA 92084
PHONE: (760) 631 -5000
E -MAIL:
File No.: 11E.72 -20
DUNS #:73383754
FAX: (760) 414 -3701
PROJECT NAME: Vista Community Clinic Program
PROJECT LOCATION: 30195 Fraser Drive, 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: $20,812
Project to be administered by County (HHPWS) on behalf of CITY: YES ❑ NO
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2020 -2021 Community Development Block Grant for the Vista
Community Clinic 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 Vista Community Clinic Health Center provides medical care and assistance with obtaining health
insurance to low - income residents of Lake Elsinore. CDBG funds will be used for staff costs of a
Certified Enrollment Counselor (direct cost) and other eligible program expenses.
Page 1 of 6
EXHIBIT A
B. National Objective
File No.: 11E.72 -20
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
100
Activity #1: Center provides medical care and assistance with obtaining health insurance to low- income
residents of Lake Elsinore
Unit of Service is defined as: clients served
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 2 of 6
EXHIBIT A
F. Program Budget
File No.: 11E.72 -20
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not
exceed $20,812. Drawdowns for the payment of eligible expenses shall be made against the line item budgets
specified in this Section and in accordance with performance. Payments may be contingent upon certification of the
Subrecipient's financial management system in accordance with the standards specified in Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).
The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide
such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any
amendments to the budget must be approved in writing by both the County and City.
Line Item
CDBG
Total Non-
Total
Notes
Granted Funds
CDBG Funds
Activity /Project
Budget
Total Direct Program
$ 20,812
$42,582
$63,394
Expenses
Salaries
x
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
x
Mileage
Equipment (Program Only)
Audit
Transportation
Other:
Total Indirect Program
$
Expenses
Indirect Costs (Specify)*
$
T ET
All indirect costs must be pre- approved by the County. City must submit an Indirect Cost Allocation
Plan to County, in a form specified by County, demonstrating the appropriate share of general and
administrative costs.
Page 3 of 6
File No.: 11E.72 -20
EXHIBIT A
G. Total Amount of Non- CDBG Leveraging
TYP SOURCE AMOUNT SOURCE I AMOUNT
FS06URCE
I AMOUNT TOTAL
FEDE [fKS-A $42,582 F-7
77
$42,582
STATE/D"� F-7
7-7m�
PRIVATE _ F
F
OTHER -1-����
_I
TOTAL: $42,582
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200), and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). These principles shall be applied
for all costs incurred whether charged on a direct or indirect basis.
C. Documentation and Record Keeping
1. Records to be Maintained.
The City and its subrecipients will maintain all records required by the Federal regulations specified in 24 CFR
570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not
be limited to:
i Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the National Objectives
of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CDBG assistance;
V. Records documenting compliance with the fair housing and equal opportunity components
of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and
vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
Page 4 of 6
EXHIBIT A
2. Records Retention:
File No.: 11E.72 -20
The City shall retain all CDBG - related financial records, supporting documents, contracts, and agreements for a
period of four (4) years. The retention period begins on the date of the submission of the County's annual
performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the
final time. The City will retain all National Objective documentation, including low- moderate income certification,
ethnicity, and other pertinent data for a period of four (4) years after submission of the County's annual performance
and evaluation report to HUD. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other
actions that involve any of the records cited and that have started before the expiration of the four -year period, then
such records must be retained until completion of the actions and resolution of all issues.
Client Data:
The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include,
but not be limited to, client name, address, income level or other basis for determining eligibility, and description
of service provided. Such information shall be made available to County monitors or their designees for review
upon request.
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. Notwithstanding the foregoing,
the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds,
including program income.
6. Audits & Inspections:
All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD,
and the Controller General of the United States or any of their authorized representatives, at any time during normal
business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the
City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and
may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted
in accordance with current County policy concerning subrecipient audits, the Single Audit Act, and the Office of
Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative
Requirements, Costs Principles, and Audit Requirements for Federal Awards (Uniform Guidance).
Page 5 of 6
File No.: 11E.72 -20
EXHIBIT A
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre- approved by County, CITY will perform and complete the activities described in Section II in
conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone
Start Date
Completion Date
Complete Sponsor
July 2020
August 2020
Training
Implement Program Activities
July 1, 20201
- - - - - - - - - - - -
Execute Sponsor's Agreement
October 2020
November 2020
& Notice to Incur Cost
Sponsor Submits Quarterly
November 2020
March 12, 2021 2
Performance Reports to County
Sponsor Submits Monthly
November 2020
March 12, 2021 3
Direct Benefit Reports
Sponsor Submits Reimbursement November 2020 March 12, 2021 4
Requests
1 The Notice to Incur Cost Letter will provide the specific program implementation date for this
CDBG- funded activity.
2, 3, 4 Submittal of required documentation is determined by the specific benefit period of the CDBG- funded
activity. Confirm performance requirements with CDBG Program Manager.
CDBG Program Services Complete March 12, 2021
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 every 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 HHPWS on a monthly basis unless
otherwise authorized in writing by CDBG program staff.
Once the Notice to Incur Cost letter is received, Sponsor must submit monthly reimbursement requests
unless another schedule is approved, in writing, by HHPWS. Further, at least 75% of all 2020 -21 CDBG
funds must be drawn down by January 14, 2021, and 100% of all 2020 -21 CDBG funds must be drawn
down by March 12, 2021. Failure to meet this draw down schedule will result in the closing or
cancellation of the CDBG grant and reprograming of remaining funds.
Page 6 of 6
EXHIBIT B
File No.: 11E.73 -20
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME: City of Lake Elsinore DUNS #:21798863
ADDRESS: 130 S.Main Street
Lake Elsinore, CA 92532
CITY PROGRAM CONTACTS: Grant Yates, City Manager
f.Y110.390119191eIa1 kIUlii
ADDRESS: 130 S.Main Street, Lake Elsinore, CA 92532
PHONE: 9516743124 FAX: (951) 471 -0052
E-MAIL: gyates(a-),lake- elsinore.org
PROJECT NAME: Lake Community Center Rehabilitation
PROJECT LOCATION: 310 W. Graham Avenue, Lake Elsinore, CA 92530
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (c) Public Facility
PROJECT FUNDING SUMMARY: $455,243
Project to be administered by County (HHPWS) on behalf of CITY: YES ❑ NO
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2020 -2021 Community Development Block Grant for the Lake
Community Center Rehabilitation in a manner satisfactory to the County of Riverside and consistent
with any standards required as a condition of providing these funds. Such program will include the
following activities eligible under the Community Development Block Grant program:
Activity #1 The City of Lake Elsinore will utilize CDBG for the continuation of the Lake Community
Center rehabilitation project. Rehabilitation includes ADA accessibility upgrades, HVAC
systems including air, heating, and ventilation, plumbing, and electrical system, and
constructing an entry to the facility for added security.
Page 1 of 6
EXHIBIT B
File No.: 11E.73 -20
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 provide the following levels of program services:
Activity Units Total Total
per Month Units/Year Unduplicated Persons
8,970
Activity #1: completingADA accessibility upgrades, HVACsystems including air, heating, and ventilation,
plumbing, and electrical system, and constructing an entry to the facility for added security.
Unit of Service is defined as: persons served
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 2 of 6
EXHIBIT B
File No.: 11E.73 -20
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 $455,243. Drawdowns for the payment of eligible expenses shall be made against the line
item budgets specified in this Section and in accordance with performance. Payments may be contingent
upon certification of the Subrecipient's financial management system in accordance with the standards
specified in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (2 CFR Part 200).
The County may require a more detailed budget breakdown than the one contained herein, and the City
shall provide such supplementary budget information in a timely fashion in the form and content prescribed
by the County. Any amendments to the budget must be approved in writing by both the County and City.
Line Item
CDBG Granted
Funds
Total of Non-
CDBG Funds
Total Activity /Project
Budget
Notes
Design /Engineering Costs
Project Management
$455,234
$35,000
$490,243
Construction Costs
Acquisition Costs
Relocations Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Indirect Costs:
$455,2
TOT T
All indirect costs must be pre- approved by the County. City must submit an Indirect Cost
Allocation Plan to County, in a form specified by County, demonstrating the appropriate
share of general and administrative costs.
Page 3 of 6
EXHIBIT B
File No.: 11E.73 -20
G. Total Amount of Non- CDBG Leveraging
TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT FfOTAL
FEDERAL 117- -F-F-�
STATE/LOCWAI� General $15,000 Tax $20,000 F-1���
Fund Increment
PRIVATE
OTHER
TOTAL: $35,000
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR Part 200), and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and maintain
necessary source documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).
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 City and its subrecipients will maintain all records required by the Federal regulations specified in 24
CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall
include but not be limited to:
i Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
V. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and
vii. Other records necessary to document compliance with Subpart K of 24 CFR Part
570.
Page 4 of 6
EXHIBIT B
File No.: 11E.73 -20
2. Records Retention.
The City shall retain all CDBG - related financial records, supporting documents, contracts, and agreements
for a period of four (4) years. The retention period begins on the date of the submission of the County's
annual performance and evaluation report to HUD in which the activities assisted under the Agreement are
reported for the final time. The City will retain all National Objective documentation, including low -
moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after
submission of the County's annual performance and evaluation report to HUD. Notwithstanding the above,
if there is litigation,
claims, audits, negotiations or other actions that involve any of the records cited and that have started before
the expiration of the four -year period, then such records must be retained until completion of the actions
and resolution of all issues.
Client Data-
The City shall maintain client data demonstrating client eligibility for services provided. Such data shall
include, but not be limited to, client name, address, income level or other basis for determining eligibility,
and description of service provided. Such information shall be made available to County monitors or their
designees for review upon request.
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.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that
the City has control over CDBG funds, including program income.
6. Audits & Inspections:
All City records with respect to any matters covered by this Agreement shall be made available to the
County, HUD, and the Controller General of the United States or any of their authorized representatives, at
any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts
or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City
within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements
will constitute a violation of this contract and may result in the withholding of future payments. The City
hereby agrees to have an annual agency audit conducted in accordance with current County policy
concerning subrecipient audits, the Single Audit Act, and the Office of Management and Budget (OMB)
Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Costs
Principles, and Audit Requirements for Federal Awards (Uniform Guidance).
Page 5 of 6
EXHIBIT B
File No.: 11E.73 -20
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre- approved by County, CITY will perform and complete the activities described in Section II in
conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone Start Date Completion Date
Complete Online Training July 2020
Implement Project Activities July 1, 2020
Execute Supplemental Agreement October 2020
& Notice to Incur Cost
Tasks / Milestone Start Date
Submit Quarterly Performance November 2020
Reports to County
Specific Project Activities
August 2020
June 30, 2021
November 2020
Completion Date
June 30, 2021
1. City executes Supplemental Agreement; receives authorization to incur cost letter
2. City prepares final construction documents for HHPWS review and approval
3. HHPWS authorizes City to advertise for bids
4. HHPWS reviews and approves bidding process
5. City awards construction contract
6. City and HHPWS conduct "pre- construction meeting"
7. HHPWS authorizes City to issue "Notice to Proceed"
City Submits Reimbursement
Requests
Monthly Submittal
Submission of reports and updates monthly
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
Sponsor agrees to coordinate all project planning, design, and construction activities with the County of
Riverside Facilities Management Project Manager.
City must follow proper procurement and construction policies and procedures of the City and CDBG
regulations. No construction will shall commence using CDBG funding without prior Notice to Proceed.
Pre - Construction meeting required. 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.
Page 6 of 6
EXHIBIT C
SPONSOR'S AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
I. GENERAL INFORMATION
File No.: 0.220 -20
SPONSOR NAME: Assistance League of Temecula Valley DUNS #:868952920
ADDRESS: 28720 Via Montezuma
Temecula, CA 92590
PROGRAM CONTACTS: Dorcas Shaktman, Executive Director
PHONE: (951) 694 -6018 FAX: (951) 694 -8298
E -MAIL: dshaktman @verizon.net
PROJECT NAME: Operation School Bell
PROJECT LOCATION: 28720 Via Montezuma Temecula CA 92590 -2510
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY: $51,000
1sT District $8,000 City of Lake Elsinore $20,000
3rd District $5,000 City of Murrieta $18,000
Project to be administered by County (HHPWS) on behalf of CITY: YES ® NO ❑
II. SCOPE OF SERVICE
A. Activities
Sponsor will be responsible for administering a 2020 -2021 Community Development Block Grant for the
Operation School Bell 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 Operation School Bell will use CDBG funds to provide school supplies, new clothing, and shoes
to children and youth ages 5- 17from low - income families at a shopping eventfor eligible children.
Page 1 of 1
EXHIBIT D
SPONSOR'S AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
I. GENERAL INFORMATION
File No.: 0.224 -20
SPONSOR NAME: Helping Our People of Elsinore, Inc. (H.O.P.E.) DUNS #:006655633
ADDRESS: 506 Minthorn Street
Lake Elsinore, CA 92530
PROGRAM CONTACTS: Brett Masters, Executive Director
PHONE: FAX:
E -MAIL: brett @dreamcenterle.org
PROJECT NAME: H.O.P.E. Pantry Program
PROJECT LOCATION: 506 Minthorn Street 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: $73,155
1sT District
$39,924
Lake Elsinore
$29,000
Canyon Lake
$4,231
Project to be administered by County (HHPWS) on behalf of City: YES ® NO ❑
II. SCOPE OF SERVICE
A. Activities
Sponsor will be responsible for administering a 2020 -2021 Community Development Block Grant for the
H.O.P. E Pantry 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 to needy families, seniors, and homeless persons in the Lake Elsinore,
Sedco Hills, Canyon Lake, Wildomar, and Lakeland Village areas. CDBG funds will be used for
consumable supplies, space costs, utilities, food, transportation, and operational costs associated
with the facility.
Page 1 of 1