HomeMy WebLinkAboutItem No. 07 - CDBG Agreement 2021-22 yearCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-339
Agenda Date: 9/28/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 7)
Approval of Community Development Block Grant (CDBG) Supplemental Agreement for the
2021-2022 Program Year
Authorize the Mayor to execute the Supplemental Agreement with the County of Riverside for the Use of
2021-2022 Community Development Block Grant (CDBG) Funds.
Page 1 City of Lake Elsinore Printed on 9/28/2021
REPORT TO CITY COUNCIL
To: Honorable Mayor And Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Brendan Rafferty, Fiscal Officer
Date: September 28, 2021
SUBJECT: Approval of Community Development Block Grant (CDBG) Supplemental
Agreement 2021-2022 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 2021-2022 Community
Development Block Grant Funds.
Background
At its regularly scheduled meeting on December 8, 2020, the City Council approved the
Community Development Block Grant (CDBG) projects for the fiscal year 2021-2022. At
that time, the City Council decided to allocate FY 2021-2022 CDBG funds for the
following:
City of Lake Elsinore
Assistance League of Temecula Valley
Helping Our People In Elsinore, Inc. (H.O.P.E.)
Vista Community Clinic
Boys & Girls Club of Southwest County
Discussion
On September 14, 2021, the City received a “Supplemental Agreement for the Use of
2021-2022 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 October 24,
2021, for the Board of Supervisors to approve; after which, a fully executed agreement
2021-22 CDBG Supplemental Agreement
September 28, 2021
Page 2 of 2
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 the assurance of reimbursement from the County of Riverside to the City of Lake
Elsinore.
The City of Lake Elsinore requested $596,000 for the program year 2021-2022; however,
HHPWS notified staff that the total amount this year increased to $621,943. Out of the
$621,943, twelve percent (13%) is to be used for administrative costs. The remaining
$541,090 is allocated to public service programs and capital improvement.
The approved allocation is as follows:
1.LE.75-21 Vista Community Clinic Program $22,000
1.LE.76-21 Lake Community Center Rehabilitation $451,690
1.LE.74-21 Boys & Girls Club Scholarship Program $10,000
0.236-21 H.O.P.E. Pantry Program $30,000
0.231-21 Operation School Bell $27,400
Total $541,090
Fiscal Impact
There is no fiscal impact to the 2021-2022 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 2021-2022 CDBG Funds
I File No.: 1.LE.74-21,1.LE.75-21,I.LE.76-21
2 0.231-21,0.236-21
3
4 SUPPLEMENTAL AGREEMENT FOR THE USE OF
2021-2022 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
5
6 This Supplemental Agreement ("Agreement") is entered into this day of
7 2021, by and between the COUNTY OF RIVERSIDE, a political subdivision
8 of the State of California, herein called, "COUNTY," and the CITY OF LAKE ELSINORE,
9 herein called "CITY." COUNTY and CITY are collectively referred to as "Parties" and
10 individually as "Party."
11 The COUNTY and CITY mutually agree as follows:
12 1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated
13 November 30"', 2020 ("Cooperation Agreement"), whereby CITY elected to participate with
14 COUNTY, which has qualified as an "Urban County" for purposes of receiving Community
15 Development Block Grant (CDBG) funds ("CDBG"), and to assist and undertake essential
16 community development and housing assistance activities pursuant to the Housing and
17 Community Development Act of 1974, Title 1, as amended, Public Law 93-383 hereinafter
18 referred to as "Act." Said Cooperation Agreement, dated November 30"', 2020, is incorporated
19 herein by reference and made a part of this Agreement as if each and every provision was set forth
20 herein.
21 2. PURPOSE. CITY has been allocated$541,090 in CDBG Entitlement funds for the
22 2021-2022 CDBG program year. CITY promises and agrees to undertake and assist with the
23 community development activities,within its jurisdiction, by utilizing the sum of$483,690 CDBG
24 Entitlement Funds, as specifically identified in Exhibits) A, B,C,D and E, attached hereto, and
25 are incorporated herein by this reference,for the following project(s)(collectively,the"Projects"):
26 A)LLE.74-21 Boys & Girls Club Scholarship Program, $10,000
27 B)LLE.75-21 Vista Community Clinic Program, $22,000
28
Page 1 of 24
I QLLE.76-21 Lake Community Center Rehabilitation Phase II, $451,690.
2 CITY has allocated the remaining$57,400 from its 2021-2022 CDBG allocation to
3 certain activities identified below, hereinafter referred to as "County-wide Activities,"that will be
4 directly administered by COUNTY:
5 D) 0.231-21 Operation School Bell $27,400
6 E) 0.236-21 H.O.P.E. Pantry Program $30,000
7 3. TERM OF AGREEMENT. The term of this Agreement for the implementation of
8 the Project(s) shall be for a period of one (1) year from July 1, 2021, to termination on June 30,
9 2022.
10 4. COMPLETION SCHEDULE. CITY shall proceed consistent with the completion
I 1 schedule set forth in Exhibit(s) A, B, C, D and E attached hereto and incorporated herein.
12 5. EXTENSION OF TIME. In the event the Project(s)are not substantially completed by
13 the time set forth in the applicable completion schedule(s) due to a force majeure event (See
14 Section 40 below), the COUNTY may consider extending the schedule for the completion of the
15 project(s). Times of performance for other activities may also be extended in writing by
16 COUNTY. If substantial progress toward completion in conformance with the completion
17 schedule, as determined by COUNTY in its discretion, of the project(s) are not made during the
18 term of this Supplemental Agreement, COUNTY may suspend or terminate this Supplemental
19 Agreement pursuant to the termination procedures set forth in the section titled "Termination,"
20 and the entitlement funds associated with the Project(s) may be reprogrammed by the COUNTY
21 after appropriate notice is provided to the City.
22 6. LETTER TO PROCEED. CITY shall not initiate nor incur expenses for the CDBG-
23 funded Projects or activities covered under the terms of this Supplemental Agreement as set forth
24 in Exhibit(s) A, B, C, D, and E attached hereto, prior to receiving written authorization from
25 COUNTY to proceed.
26 7. NOTICES. Each notice, request, demand, consent, approval or other
27 communication (hereinafter in this Section referred to collectively as "notices" and referred to
28
Page 2 of 24
I singly as a "notice") which the CITY or COUNTY is required or permitted to give to the other
2 party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and
3 sufficiently given if. (a)personally delivered with proof of delivery thereof(any notice so delivered
4 shall be deemed to have been received at the time so delivered); or (b) sent by Federal Express(or
5 other similar national overnight courier) designating early morning delivery (any notice so
6 delivered shall be deemed to have been received on the next Business Day following receipt by
7 the courier); or (c) sent by United States registered or certified mail, return receipt requested,
8 postage prepaid, at a post office regularly maintained by the United States Postal Service (any
9 notice so sent shall be deemed to have been received two days after mailing in the United States),
10 addressed to the respective parties as follows:
1 I COUNTY CIIY
12 Heidi Marshall Jason Simpson
13 Riverside County HHPWS Director City of Lake Elsinore
14 P.O. Box 1528 130 S. Main Street
15 Riverside, CA 92502 Lake Elsinore, CA 92532
16 8. DISBURSEMENT OF FUNDS.
17 A. COUNTY's Board of Supervisors shall determine the final disposition and
18 distribution of all funds received by COUNTY under the Act consistent with Sections 2 and 3 of
I9 this Supplemental Agreement. COUNTY, through its Department of Housing, Homelessness
20 Prevention, and Workforce Solutions, shall make payment of the CDBG funds to CITY as set
21 forth in the attached Exhibit(s) A, B, C, D and E. It is the CITY's responsibility to monitor all
22 project activities set forth in the attached Exhibit(s) A,B, C, D, and E.,and to ensure compliance
23 with applicable federal regulations and the terms of this Supplemental Agreement.
24 B. CITY shall comply with timely drawdown of CDBG Entitlement funding
25 by expeditiously implementing and completing the COUNTY-approved,CDBG-funded Projects.
26 CITY acknowledges that CITY's drawdown performance directly impacts the COUNTY's overall
27 program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January 31, 2022,
28
Page 3 of 24
I exceeds one hundred and seventy-five percent(175%)of the CITY's 2021-2022 CDBG allocation,
2 the COUNTY may, in its sole discretion, take the necessary administrative actions to reduce the
3 CITY's CDBG fund balance. Necessary actions include, but are not limited to, reprogramming the
4 excess CDBG fund balance to other eligible activities as selected by COUNTY. COUNTY may,
5 in its sole and absolute discretion, authorize CITY in writing, prior to January 31, 2022, to exceed
6 the CDBG fund balance requirement.
7 C. CITY shall comply with timely drawdown of CDBG funds by submitting
8 monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All
9 disbursements of CDBG funds will be on a reimbursement basis and made within thirty (30) days
10 after the COUNTY has received the CITY's reimbursement request including documentation
11 supporting expenditures.
12 D. All authorized obligations incurred in the performance of the Supplemental
13 Agreement for projects eligible under the following CDBG regulations must be reported in writing
14 to COUNTY no later than June 1, 2022:
15 1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)]
16 2. Clearance Activities [24 CFR 570.201 (d)]
17 3. Interim Assistance [24 CFR 570.201 (0]
18 4. Code Enforcement [24 CFR 570.202 (c)]
19 All public service activities [24 CFR 570.201 (e)] and other eligible activities under this
20 Supplemental Agreement must be implemented, completed, and obligations reported in writing to
21 the COUNTY by the CITY no later than the completion schedules set forth in the attached Exhibits
22 to this Supplemental Agreement. "CFR" as used herein refers to the Code of Federal Regulations.
23 9. RECORDS AND INSPECTIONS.
24 A. CITY shall establish and maintain financial, programmatic, statistical, and
25 other supporting records of its operations and financial activities in accordance with the Uniform
26 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
27 CFR Part 200), and 24 CFR Section 570.502 (a), as they relate to the acceptance and use of federal
28
Page 4 of 24
I funds under this Agreement. Said records shall be retained for a period of four (4) years from the
2 date that the activity or program funded with the CDBG Grant is closed out by the COUNTY and
3 reported as complete in the Comprehensive Annual Performance and Evaluation Report(CAPER).
4 Exceptions to the four (4) year retention period requirement, pursuant to 2 CFR 200.333 include,
5 but not limited to, the following:
6 i. if any litigation, claim, or audit is started prior to the expiration of
7 the four (4) year period;
8 ii. when the CITY is notified in writing by the COUNTY, HUD, or
9 other Federal agency to extend the retention period;
10 iii. records for real property and equipment acquired with CDBG funds
11 must be retained for four (4) years after final disposition;
12 iv. when the records are transferred by the CITY to the COUNTY,
13 HUD, or other Federal agency, the four(4) year period is not applicable.
14 B. CITY shall obtain an external audit in accordance with the Uniform
15 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
16 CFR Section 200.500). Audits shall usually be performed annually but not less frequently than
17 every two years. Nonprofit institutions and government agencies that expend less than $750,000 a
18 year in Federal awards are exempt from Federal audit requirements, but records must be available
19 for review by appropriate officials of the Federal grantor agency or subgranting entity. The audit
20 report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal
21
year.
22 C. CITY shall maintain a separate account for the CITV S CDBG Entitlement
23 funds received as set forth in Exhibit(s)A, B, C, D, and E., attached hereto.
24
D. Pursuant to 2 CPR 200.336, CITY shall, during the normal business horns,
25 make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD),
26
or other authorized representative, for the examination and copying, all of its records and other
27
materials with respect to matters covered by this Agreement and provide reasonable access to
28
Page 5 of 24
I CITY staff for the purpose of interview and discussion related to the records and documents.
2 E. CITY shall not retain any program income as defined in 24 CFR 570.500.
3 Said program income shall be used only for the activities that are the subject of this Agreement.
4 Further, all provisions of this Agreement shall apply to such activities.
5 F. The CITY shall ensure that at least fifty-one percent (51%) of the persons
6 benefiting from all CDBG-funded activities or projects designated as serving limited clientele [24
7 CFR 570.208(a)(2)(i)] are of low and moderate-income and meet the applicable household income
8 guidelines. The CITY shall provide the required income certification and direct benefit
9 documentation, in writing, to the COUNTY pursuant to the reporting requirement of each activity
10 as set forth in Exhibit(s) A, B, C, D, and E. attached hereto. In the event that CITY engages the
11 services of a sub-contractor to implement CDBG-funded activities, the CITY must collect, in
12 writing, all required income certification and direct benefit documentation from subcontractors
13 prior to submittal to the COUNTY pursuant to the reporting requirement of each activity as set
14 forth in Exhibit(s) A, B, C, D, and E. attached hereto.
15 10. COMPLIANCE WITIH LAWS. CITY shall comply with all applicable federal,
16 state, and local laws, regulations, and ordinances and any amendments thereto and the federal
17 regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY
18 is to comply with those regulations found in the Uniform Administrative Requirements, Cost
19 Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 570.
20 CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared
21 by COUNTY and cited in the above-mentioned Cooperation Agreement. CITY shall comply, if
22 applicable,with Section 3 of the Housing&Urban Development Act of 1968 (12 U.S.C.A. Section
23 1701u), as amended, a copy of which is attached hereto as Exhibit "S", and incorporated herein
24 by this reference. CITY shall adhere to the restrictions set forth in 24 CFR 570.200 0) and 24 CPR
25 Section 5.109, which is attached hereto as Exhibit "R", a copy of which is incorporated herein by
26 this reference, pertaining to inherently religious activities. CITY shall comply with the Additional
27 Federal Requirements, if applicable, attached hereto as Exhibit "AFR", and incorporated herein
28
Page 6 of 24
I by this reference.
2 11. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with
3 COUNTY in undertaking essential community development and housing assistance activities,
4 specifically urban renewal and public assistance housing, and shall assist COUNTY in
5 implementing and undertaking the goals and strategies identified in the 2019-2024 Five Year
6 Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community
7 Development Block Grant Program.
8 12. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
9 ENVIRONMENTAl, QUALITY ACT (CEQA). Pursuant to Title 14 CCR Section 1501(d), the
10 CITY is designated as the lead agency for the projects that are the subject matter of this
I Supplemental Agreement.
12 13. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the
13 provisions of Section 895.2 of the California Government Code imposing certain tort liability
14 jointly upon public entities solely by reason of such entities being parties to an agreement as
15 defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in
16 Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages
17 including, but not limited to, claims, demands, losses, liabilities, costs and expenses including
18 reasonable attorneys' fees, resulting from the negligent or wrongful acts or omissions of their
19 employees or agents in the performance of this Agreement, and each Party shall indemnify,defend
20 and hold harmless the other Parties from such claims, demands, damages, losses or liabilities for
21
their negligence. The hold harmless and indemnification obligations set forth herein shall survive
22
the termination and expiration of this Agreement.
23
14. INSURANCE. Without limiting or diminishing the CITY's obligation to
24
indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be
25
maintained, at its sole cost and expense,the following insurance coverage's during the term of this
26
27 Agreement.
28 a. Workers' Compensation:
Page 7 of 24
I If the CITY has employees as defined by the State of California, the CITY shall
2 maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of
3 the State of California. Policy shall include Employers' Liability (Coverage B) including
4 Occupational Disease with limits not less than$1,000,000 per person per accident. The policy shall
5 be endorsed to waive subrogation in favor of the County of Riverside.
6 b. Commercial General Liability:
7 Commercial General Liability insurance coverage, including but not limited to,
8 premises liability, contractual liability, products and completed operations liability, Personal and
9
advertising injury, and cross liability coverage, covering claims which may arise from or out of
10
CITY'S performance of its obligations hereunder. Policy shall name the County of Riverside as
11
Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence
12
combined single limit. If such insurance contains a general aggregate limit, it shall apply
13
separately to this agreement or be no less than two (2) times the occurrence limit.
14
C. Vehicle Liability:
15
16 If vehicles or mobile equipment are used in the performance of the obligations
17 under this Agreement, then CITY shall maintain liability insurance for all owned, non-owned or
18 hired vehicles so used in an amount not less than$1,000,000 per occurrence combined single limit.
19 If such insurance contains a general aggregate limit, it shall apply separately to this agreement or
20 be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside as
21 Additional Insured.
22 d. General Insurance Provisions - All lines:
23 (i). Any insurance carrier providing insurance coverage hereunder shall
24 be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8)
25 unless such requirements are waived, in writing, by the County Risk Manager. If the County's
26 Risk Manager waives a requirement for a particular insurer such waiver is only valid for that
27 specific insurer and only for one policy term.
28
Page 8 of 24
I (ii). The CITY'S insurance carrier(s) must declare its insurance self-
2 insured retentions. if such self-insured retentions exceed $500,000 per occurrence such retentions
3 shall have the prior written consent of the County Risk Manager before the commencement of
4 operations under this Agreement. Upon notification of self-insured retention unacceptable to the
5 COUNTY, and at the election of the Country's Risk Manager, CITY'S carriers shall either; 1)
6 reduce or eliminate such self-insured retention as respects this Agreement with the COUNTY, or
7 2) procure a bond which guarantees payment of losses and related investigations, claims
8 administration, and defense costs and expenses.
9 (iii). CITY shall cause CITY'S insurance carrier(s) to furnish the County
10
of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified
11
original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so
12
orally or in writing by the County Risk Manager, provide original Certified copies of policies
13
including all Endorsements and all attachments thereto, showing such insurance is in full force and
14
effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the
15
16 insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside
17 prior to any material modification, cancellation, expiration or reduction in coverage of such
18 insurance. In the event of a material modification, cancellation, expiration, or reduction in
19 coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives,prior
20 to such effective date, another properly executed original Certificate of Insurance and original
21 copies of endorsements or certified original policies, including all endorsements and attachments
22 thereto evidencing coverage's set forth herein and the insurance required herein is in full force and
23 effect. CITY shall not commence operations until the COUNTY has been furnished original
24 Cerlificate (s) of Insurance and cent{fled original copies of endorsements and ifrequested, certif ed
25 original policies of insurance including all endorsements and any and all other attachments as
26 required in this Section. An individual authorized by the insurance carrier to do so on its behalf'
27 shall sign the original endorsements,/or each policy and the Certificate oflnsurance.
28
Page 9 of 24
I (iv). It is understood and agreed to by the parties hereto that the CITY'S
2 insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or
3 deductibles and/or self-insured retention's or self-insured programs shall not be construed as
4 contributory.
5 (v). If, during the term of this Agreement or any extension thereof, there
6 is a material change in the scope of services; or, there is a material change in the equipment to be
7 used in the performance of the scope of or, the term of this Agreement, including any extensions
8 thereof, exceeds five (5) years, the COUNTY reserves the right to adjust the types of insurance
9 required under this Agreement and the monetary limits of liability for the insurance coverage's
10
currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or
11
type of insurance carried by the CITY has become inadequate.
12
(vi). CITY shall pass down the insurance obligations contained herein to
13
all tiers of subcontractors working under this Agreement.
14
(vii). The insurance requirements contained in this Agreement may be
15
16 met with a program(s) of self-insurance acceptable to the COUNTY.
17 (viii). CITY agrees to notify COUNTY of any claim by a third party or
18 any incident or event that may give rise to a claim arising from the performance of this Agreement.
19 15. INDEPENDENT CONTRACTOR. The CITY is, for purposes relating to this
20 Supplemental Agreement, an independent contractor and shall not be deemed an employee of the
21 COUNTY. It is expressly understood and agreed that the CITY (including its employees, agents
22 and subcontractor's)shall in no event be entitled to any benefits to which the COUNTY employees
23 are entitled, including but not limited to overtime, any retirement benefits, worker's compensation
24 benefits, and injury leave or other leave benefits. There shall be no employer-employee
25 relationship between the parties; and the CITY shall hold the COUNTY harmless from any and all
26 claims that may be made against the COUNTY based upon any contention by a third party that an
27 employer-employee relationship exists by reason of this Supplemental Agreement. It is further
28 understood and agreed by the parties that the CITY in the performance of this Supplemental
Page 10 of 24
I Agreement is subject to the control or direction of the COUNTY merely as to the results to be
2 accomplished and not as to the means and methods for accomplishing the results.
3 16. NONDISCRIMINATION. CITY shall abide by 24 CFI2 Sections 570.601 and
4 570.602 of Title 24 of the Code of Federal Regulations which requires that no person in the United
5 States shall on the grounds of race, color, national origin, sex, sexual orientation, gender identity,
6 or veterans status be excluded from participation in, be denied the benefits of, or be subjected to
7 discrimination under any program or activity funded in whole or in part with Community
8 Development finds.
9 CITY shall abide by and include in any subcontracts to perform work under this
10 Supplemental Agreement, the following clause:
11 "During the performance of this Supplemental Agreement, CITY and its subcontractors
12 shall not unlawfully discriminate against any employee or applicant for employment
13 because of race, religion, color, national origin, ancestry, physical disability, medical
14 condition, marital status, veterans status, sexual orientation, gender identity, age (over 40)
15 or sex. CITY and subcontractors shall insure that the evaluation and treatment of their
16 employees and applicants for employment are free of such discrimination. CITY and
17 subcontractors shall comply with the provisions of the Fair Employment and Housing Act
18 (California Government Code Section 12900 et seq.). The applicable regulations of the
19 Fair Employment and Housing Commission are implementing California Government
20 Code Section 12990 et seq.,set forth in Chapter 1 of Division 4.1 of Title 2 of the California
21 Administrative Code are incorporated into this Agreement by reference and made a part
22 hereof as if set forth in full. CITY and its subcontractors shall give written notice of their
23 obligations under this clause to labor organizations with which they have a collective
24 bargaining or other agreement."
25 17. PROHIBITION AGAINST CONFLICTS OF INTEREST
26 A. CITY and its assigns, employees, agents, consultants, officers and elected
27 and appointed officials shall become familiar with and shall comply with the Uniform
28
Page 11 of 24
I Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
2 CFR Part 200) and the CDBG regulations prohibiting conflicts of interest contained in 24 CPR
3 570.611.
4 B. The Subrecipient shall maintain a written code or standards of conduct that
5 shall govern the performance of its officers, employees or agents engaged in the award and
6 administration of contracts supported by Federal funds.
7 C. No employee, officer or agent of the Subrecipient shall participate in the
8 selection, or in the award, or administration of, a contract supported by Federal funds if a conflict
9 of interest, real or apparent, would be involved.
10 D. No covered persons who exercise or have exercised any functions or
11 responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in
12 a decision-making process or gain inside information with regard to such activities, may obtain a
13 financial interest in any contract, or have a financial interest in any contract, subcontract, or
14 agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the
15 CDBG-assisted activity, either for themselves or those with whom they have business or
16 immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes
17 of this paragraph, a"covered person' includes any person who is an employee, agent, consultant,
18 officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public
19 agency.
20 E. CITY understands and agrees that no waiver of exception can be granted to
21 the prohibition against conflict of interest except upon written approval of HUD pursuant to 24
22 CPR 570.611(d). Any request by CITY for an exception shall first be reviewed by COUNTY to
23 determine whether such request is appropriate for submission to HUD in the COUNTY'S sole and
24 absolute discretion. In determining whether such request is appropriate for submission to HUD,
25 COUNTY will consider the factors listed in 24 CPR 570.611(d)(2).
26 F. Prior to the distribution of any CDBG funding under this Supplemental
27 Agreement, CITY shall provide COUNTY, in writing, a list of all employees, agents, consultants,
28
Page 12 of 24
I officers and elected and appointed officials who are in a position to participate in a decision making
2 process, exercise any functions or responsibilities, or gain inside information with respect to the
3 CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY
4 any potential conflict, including even the appearance of conflict that may arise with respect to the
5 CDBG activities funded under this Supplemental Agreement.
6 G. Any violation of this Section 17 shall be deemed a material breach of this
7 Supplemental Agreement, and the Supplemental Agreement shall be immediately terminated by
8 the COUNTY.
9 18. LOBBYING. CITY certifies to the best of its knowledge and belief, that:
10 a. No federally-appropriated funds have been paid or will be paid, by or on
11 behalf of the CITY, to any person for influencing or attempting to influence an officer or employee
12 of any agency, a member of Congress, an officer or employee of Congress, or an employee of a
13 member of Congress in connection with the awarding of any federal contract, the making of any
14 federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
15 the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
16 loan, or cooperative agreement.
17 b. If any funds other than federally-appropriated funds have been paid or will
18 be paid to any person for influencing or attempting to influence an officer or employee of any
19 agency, a member of Congress, an officer or employee of Congress, or an employee of a member
20 of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
21 CITY shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
22 accordance with its instructions.
23 C. CITY shall require that the language of this certification be included in the
24 award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
25 under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and
26 disclose accordingly. This certification is a material representation of fact upon which reliance
27 was placed when this transaction was made or entered into.
28
Page 13 of 24
1
2 19. TERMINATION.
3 A. CITY. CITY may not terminate this Agreement except upon express written
4 consent of COUNTY, pursuant to 2 CFR 200.339 (a)(3).
5 B. COUNTY. Notwithstanding the provisions of Paragraph 19a above,
6 COUNTY may suspend or terminate this Supplemental Agreement upon a ten (10) day written
7 notice to CITY of action being taken and the reason for such action including, but not limited to,
8 the following reasons:
9 (1) In the event CITY fails to perform the covenants herein contained
10 at such times and in such manner as provided in this Supplemental Agreement; and
11 (2) In the event there is a conflict with any federal, state or local law,
12 ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement
13 invalid or untenable; or
14 (3) In the event the funding from the Department of Housing and Urban
15 Development referred to in Sections 1 and 2 above is terminated or otherwise becomes
16 unavailable.
17 C. This Agreement may be terminated and/or funding suspended, in whole or
18 in part, for cause in accordance with the Uniform Administrative Requirements, Cost Principles,
19 and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be based on the failure
20 of the CITY to materially comply with either the terms or conditions of this Agreement. Upon
21 suspension of funding, the CITY agrees not to incur any costs related thereto, or connected with,
22 any area of conflict from which the COUNTY has determined that suspension of funds is
23 necessary. CITY acknowledges that failure to comply with Federal statutes, regulations, or the
24 terms and conditions of this Agreement may be considered by the COUNTY in evaluating future
25 CDBG and non-CDBG funding applications submitted by CITY.
26 D. Upon suspension or termination of this Supplemental Agreement, CITY
27 shall return any unencumbered funds which it has been provided by COUNTY. In accepting said
28
Page 14 of 24
I finds, COUNTY does not waive any claim or cause of action it may have against CITY for breach
2 of this Supplemental Agreement.
3 E. Reversion of Assets
4 1. Upon expiration or termination of this Supplemental Agreement,the
5 CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the
6 Supplemental Agreement as well as any accounts receivable held by CITY which are attributable
7 to the use of CDBG funds awarded pursuant to this Supplemental Agreement.
8 2. Any real property under the CITY'S control that was acquired or
9 improved in whole or in part with CDBG funds (including CDBG funds provided to the CITY in
10 the form of a loan) in excess of$25,000 is either:
11 (i) Used to meet one of the National Objectives pursuant to 24
12 CFR 570.208 until five years after expiration of this agreement, or for such longer period of time
13 as determined to be appropriate by the COUNTY; or
14 (ii) Not used in accordance with Clause(i)above, in which event
15 the CITY shall pay the COUNTY an amount equal to the current market value of the property less
16 any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or
17 improvement to, the property.
18 20. PUBLICITY. Any publicity generated by CITY for the Projects funded pursuant to
19 this Supplemental Agreement will make reference to the contribution of the COUNTY, the
20 Department of Housing, Homelessness Prevention, and Workforce Development, and the
21 Community Development Block Grant Program in making the project possible.
22 21. PROGRAM MONITORING AND EVALUATION. CITY and its subcontractors
23 shall be monitored and evaluated in terms of its effectiveness and timely compliance with the
24 provisions of this Supplemental Agreement and the effective and efficient achievement of the
25 CDBG National Objectives as set forth in Exhibit(s)A,B,C, D, and E. attached hereto. Quarterly
26 reports shall be due on the last day of the month immediately following the end of the quarter
27 being reported. The quarterly written reports shall include, but shall not be limited to,the following
28
Page 15 of 24
I data elements:
2 A. Title of program, listing of components, description of activities/operations.
3 B. The projected goals, indicated numerically, and also the goals achieved (for
4 each report period). In addition, identify by percentage and description, the progress achieved
5 towards meeting the specified goals and identify any problems encountered in meeting goals.
6 C. If the CDBG-funded activity meets a National Objective under 24 CFR
7 570.208 (a)(2)(i), CITY will report the following:
8 1) Total number of direct beneficiaries (clientele served) with
9 household incomes at:
10 • Above 80% MHI
I I • Between 50% and 80% MHI (Low-Income)
12 • Between 30% and 50% MHI (Very Low-Income)
13 • Less than 30% MHI (Extremely Low-Income)
14 2) Total number and percent (%) of the clientele served that have
15 household incomes at or below 80% MHI
16 3) Racial ethnicity of clientele
17 4) Number of Female-Headed Households
18 D. CITY shall report, in writing, and cause its subcontractors to report, in
19 writing, beneficiary statistics monthly to Housing, Homelessness Prevention, and Workforce
20 Solutions (HHPWS) on the pre-approved Direct Beneft Form and Self-Certification Form
21 (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be
22 provided to CITY by IIIIPWS should HUD implement changes during the term of this
23 Supplemental Agreement. CITY and subcontractors will collect and provide all necessary data
24 required by HUD pertaining to the Specific Outcome Indicators as identified in HUD's
25 Community Planning and Development (CPD) Outcome Performance Measurement System.
26 22. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval
27 from HHPWS prior to implementing the following "high risk" activities funded with CDBG
28
Page 16 of 24
I assistance:
2 A. Construction of public facilities (project plans and specifications);
3 B. Acquisition of real property;
4 C. Historic Preservation;
5 D. Relocation; and
6 P. Economic Development
7 23. PRIOR COUNTY APPROVAL (CONSTRUCTION ACTIVITIES). CITY shall
8 obtain COUNTY's written approval, through its IIHPWS, of the project plans, specifications,
9 and construction documents prior to CITY'S construction of same for all projects consisting of
10 CDBG-funded construction activities. The COUNTY neither undertakes nor assumes nor will
11 have any responsibility or duty to CITY or to any third party to review, inspect, supervise, pass
12 judgment upon or inform CITY or any third party of any matter in connection with the
13 development or construction of the improvements, whether regarding the quality, adequacy or
14 suitabilityof the plans, an labor, service equipment or material furnished to theproperty, an
p � Y � Y
15 person furnishing the same, or otherwise. CITY and all third parties shall rely upon its or their
16
own judgment regarding such matters, and any review, inspection, supervision, exercise of
17
judgment or information supplied to CITY or to any third party by the COUNTY in connection
18
with such matter is for the public purpose of assisting with a community development and
19
housing activity pursuant to the Act, and neither CITY (except for the purposes set forth in this
20
Agreement)nor any third party is entitled to rely thereon. The COUNTY shall not be responsible
21
22 for any of the work of construction, improvement, or development of the property.
23 It is the responsibility of CITY, without cost to COUNTY, to ensure that all applicable
24 localjurisdiction land use requirements will permit development of the property and construction
25 of the improvements and the use, operation, and maintenance of such Improvements in
26 accordance with the provisions of this Agreement. Nothing contained herein shall be deemed to
27 entitle Sponsor to any local jurisdiction or County permit or other local jurisdiction or County
28
Page 17 of 24
I approval necessary for the development of the Property, or waive any applicable local
2 jurisdiction or County requirements relating thereto. This Agreement does not(a) grant any land
3 use entitlement to CITY, (b) supersede, nullify, or amend any condition which may be imposed
4 by the local jurisdiction in connection with approval of the development described herein, (c)
5 guarantee to CITY or any other party any profits from the development of the Property, or (d)
6 amend any local jurisdiction or County laws, codes or rules.
7 24. PRIOR COUNTY APPROVAL (AQUISITION ACTIVITIES). CITY shall obtain
8 COUNTY's written approval and authorization to proceed, through its HHPWS , of all CDBG-
9
funded real property acquisition activities.
10 25. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED
11
WITH CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire
12
real property or to construct a public facility, CITY will comply with the Uniform Administrative
13
Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section
14
200.311); National Environmental Policy Act of 1969 (42 U.S.C.A. §4321, et seq.); the
15
16 California Environmental Quality Act(Cal. Pub. Resources Code §21000, et seq.); the Uniform
17 Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42
18 U.S.C.A. §4630, et seq.); and the COUNTY's Five Year Consolidated Plan. In addition, the
19 following is to occur:
20 a. Title to the real property shall vest in CITY;
21 b. The real property will be held by CITY, or the constructed facility will be
22 maintained by the CITY,for a minimum period of five(5)years from the date the CDBG-funded
23 activity is closed-out and reported as complete by the COUNTY through the Comprehensive
24 Annual Performance and Evaluation Report (CAPER);
25 C. While held by CITY, the real property or the constructed facility is to be
26 used exclusively for the purposes for which acquisition or construction was originally approved
27 by COUNTY;
28
Page 18 of 24
I d. Written approval from COUNTY must be secured if the property or the
2 facility is to be put to an alternate use that is consistent with the COUNTY'S Five Year
3 Consolidated Plan or the applicable federal regulations governing CDBG funds;
4 C. Should CITY desire to use the real property or the constructed facility,prior
5 to the completion of the mandatory five-year period,for a purpose not consistent with applicable
6 federal regulations governing CDBG funds or to sell the real property or facility, then:
7 (1) If CITY desires to retain title, CITY will reimburse COUNTY the
8 amount that represents the percentage of current fair market value that is identical to the
9
percentage that CDBG funds initially comprised of monies paid to acquire the property or
10
construct the facility; or
it
(2) If CITY sells the property or facility or is required to sell the
12
property or facility, CITY shall reimburse COUNTY the amount that represents the percentage
13
of proceeds realized by the sale that is identical to the percentage that CDBG funds initially
14
comprised of monies paid to acquire the property or construct the facility. This percentage
15
amount will be calculated after deducting all actual and reasonable cost of sale from the sale
16
17 proceeds.
18 26. ENTIRE AGREEMENT. This Supplemental Agreement, including any
19 attachments or exhibits hereto constitutes the entire Supplemental Agreement of the parties with
20 respect to its subject matter and supersedes all prior and contemporaneous representations,
21 proposals, discussions and communications, whether oral or in writing. No oral understanding or
22 agreement not incorporated herein shall be binding on any of the parties hereto. Each of the
23 attachments and exhibits attached hereto is incorporated herein by this reference.
24 27. SEVERABILITY. Each section, paragraph and provision of this Supplemental
25 Agreement is severable from each other provision, and if any provision or part thereof is declared
26 invalid, the remaining provisions shall remain in full force and effect.
28. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY
27
28
agrees to notify in writing, and to cause any subcontractor implementing CDBG-funded Projects
Page 19 of 24
I to notify, in writing, the Riverside County Workforce Development Center of any and all job
2 openings that are caused by the CDBG-funded Projects under this Supplemental Agreement.
3 29. MINISTERIAL ACTS. The Director of Housing, Homelessness Prevention, and
4 Workforce Solutions or designee(s) are authorized to take such ministerial actions as may be
5 necessary or appropriate to implement the terms, provisions, and conditions of this Supplemental
6 Agreement as it may be amended from time-to-time by COUNTY.
7 30. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no
8 liability for any later determination by the United States Government, the U.S. Department of
9 Housing and Urban Development, or any other person or entity that CITY is or is not eligible
10 under 24 CFR Part 570 to receive CDBG entitlement funds from the COUNTY.
11 31. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant
12 to this Supplemental Agreement is Community Development Block Grant funds (CFDA 14.218),
13 and the Grant Award Number is B-21-UC-06-0506.
14 32. ASSIGNMENT. The CITY shall not make any assignment or transfer in any form
15 with respect to this Supplemental Agreement, without prior written approval of the COUNTY.
16 33. INTERPRETATION AND GOVERNING LAW. This Supplemental Agreement
17 and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws
18 of the State of California. This Supplemental Agreement shall be construed as a whole according
19 to its fair language and common meaning to achieve the objectives and purposes of the parties
20 hereto, and the rule of construction to the effect that ambiguities are to be resolved against the
21 drafting party shall not be employed in interpreting this Supplemental Agreement, all parties
22 having been represented by counsel in the negotiation and preparation hereof.
23 34. WAIVER. Failure by a party to insist upon the strict performance of any of the
24 provisions of this Supplemental Agreement by the other party, or the failure by a party to exercise
25 its rights upon the default of the other party, shall not constitute a waiver of such party's rights to
26 insist and demand strict compliance by the other party with the terms of this Supplemental.
27 Agreement thereafter.
28
Page 20 of 24
1 35. JURISDICTION AND VENUE: Any action at law or in equity arising under this
2 Supplemental Agreement or brought by a party hereto for the purpose of enforcing, construing or
3 determining the validity of any provision of this Supplemental Agreement shall be filed only in
4 the Superior Court of the State of California, located in Riverside, California,and the parties hereto
5 waive all provisions of law providing for the filing, removal or change of venue to any other court
6 or jurisdiction
7 36. USE OF PROPERTY. Whenever federal CDBG funds or program income are used,
8 in whole or in part, for the purchase of equipment or personal property, the property shall not be
9 transferred from its originally funded use, by CITY or the CITY'S subcontractor implementing
10 the CDBG-funded activity, for a period of five (5) years from the close-out date of the grant from
11 which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY
12 monitoring and review.
13 37. AUTHORITY TO EXECUTE. The persons executing this Supplemental
14 Agreement or exhibits attached hereto on behalf of the parties to this Supplemental Agreement
15 hereby warrant and represent that they have the authority to execute this Supplemental Agreement
16 and warrant and represent that they have the authority to bind the respective parties to this
17 Supplemental Agreement to the performance of its obligations hereunder.
18 38. EFFECTIVE DATE. The effective date of this Supplemental Agreement is the date
19 the parties sign the Supplemental Agreement. If the parties sign the Supplemental Agreement on
20 more than one date, then the last date the Supplemental Agreement is signed by a party shall be
21 the effective date.
22 39. COUNTERPARTS. This Supplemental Agreement may be signed by the
23 different parties hereto in counterparts, each of which shall be an original but all of which together
24 shall constitute one and the same agreement.
25 40. FORCE MAJEURE.
26 A. Performance by either party hereunder shall not be deemed to be in default
27 where delays or defaults are due to war,insurrection, strikes, lock-outs,riots, floods, earthquakes,
28
Page 21 of 24
I fires, casualties, acts of God, acts of the public enemy, epidemics, pandemic, quarantine
2 restrictions, freight embargoes, lack of transportation, governmental restrictions or priority,
3 litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays
4 of any contractor, sub-contractor or supplier, acts of the other party,acts or failure to act of a public
5 or governmental agency or entity, or any causes beyond the control or without the fault of the party
6 claiming an extension of time to perform.
7 B. An extension of time for any such cause(a"Force Majeure Delay")shall be
8 for the period of the enforced delay and shall commence to run from the time of the commencement
9 of the cause, if notice by the party claiming such extension is sent to the other party within thirty
10 (30) calendar days of knowledge of the commencement of the cause. Notwithstanding the
11 foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until
12 the party claiming such delay and interference delivers to the other party written notice describing
13 the event, its cause,when and how such party obtained knowledge, the date the event commenced,
14 and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall
15 deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event.
16 41. MODIFICATION OF AGREEMENT. This Supplemental Agreement may be
17 modified or amended only by a writing signed by the duly authorized and empowered
18 representative of COUNTY and CITY respectively.
19 42. DIGITAL AND ELECTRONIC SIGNATURES. The parties agrees to the use of
20 electronic signatures, such as digital signatures that meet the requirements of the California
21 Uniform Electronic 'Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17). The
22 parties further agree that the electronic signatures of the parties included in this Agreement are
23 intended to authenticate this writing and to have the same force and effect as manual
24 signatures. Electronic signature means an electronic sound, symbol, or process attached to or
25
logically associated with an electronic record and executed or adopted by a person with the intent
26 to sign the electronic record pursuant to CUETA as amended from time to time. Digital signature
27
28
Page 22 of 24
I means an electronic identifier,created by computer, intended by the party using it to have the same
2 force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties.
3 For purposes of this section, a digital signature is a type of "electronic signature" as defined in
4 subdivision (i) of Section 1633.2 of the Civil Code.
5
6
7 [Remainder of Page Intentionally Blank]
8 [Signatures on Following Page]
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 23 of 24
1
2
3 IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as
4 of the dates set forth below.
5
6 COUNTY OF RIVERSIDE, CITY OF LAKE ELSINORE,
a political subdivision of the a general city law
7 State of California
8
9 BY: BY:
Michael Walsh, Name:
10 Deputy Director Title:
11
12 Date: Date:
13
14 APPROVED AS TO FORM: ATTEST:
15 Gregory P. Priamos, County Counsel
16
17 By: BY:
Amrit P. Dhillon, City Clerk
18 Deputy County Counsel
19 APPROVED AS TO FORM:
20
21 BY:
22 City Attorney
23
24
25
26
27
28
Page 24 of 24
EXHIBIT "R"
(Page 1 of 6)
24 C.E.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 Ixecuti-ve Or_dex 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 proselytization) , 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 :I.) , 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,
20161
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.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n,
3535 (d) ; Sec. 327, Pub.L. 109-115, 119 Stat. 2936; Sec. 607, Pub.L. 109---162,
119 Stat. 3051 (42 U.S .C. 14043e et seq. ) ; E.O. 13279, 67 FR 77141, 3 CFR,
2002 Comp. , p. 258; and E.O. 13559, 75 FR 71319, 3 CFR, 2010 Camp. , p. 273. ;
29 U. S.C. 794, 42 U. S.C. 1437a, 1437c, 1437c-l (d) , 1437d, 1437f, 1437n,
3535 (d) , and Sec. 327, Pub.L. 109-115, 119 Stat. 2936; 42 U.S.C. 3600-3620;
42 U. S.C. 5304 (b) ; 42 U. S .C. 12101 et seq. ; 42 U.S .C. 12704-12708; E.O.
11063, 27 FR 11527, 3 CFR, 1958-1963 Comp. , p. 652; E.O. 12892, 59 FR 2939,
3 CFR, 1994 Comp. , p. 849.
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. 170lu (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 quali:[.icaticns 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
A. 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.
B. 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.
C. 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 .
D. 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
PAGE 1 OF 4
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
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 31.48) and as
ADDITIONAL FEDERAL REQUIREMENTS
PAGE 1 OF 4
EXHIBIT "AFR"
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.
1 . Contract Work Hours and Safety Standards Act (40 U.S.C.A. 3701-3708) : Where
applicable, all contracts awarded by SUBRECIPF.INT 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 1 112
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 .
2 . 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.
3 . 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 Regulations (FAR) .
4 . 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
ADDITIONAL FEDERAL REQUIREMENTS
PAGE 3 OF 4
EXHIBIT "AFR"
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) .
5. 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 SUSRECIPIENTS 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
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
ADDITIONAL FEDERAL REQUIREMENTS
PAGE 4 OF 4
EXHIBIT "AFR"
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.
10 . 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.
11 . 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) .
12 . 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
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.
EXHIBIT A
File No.: 11E.74-21
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME: City of Lake Elsinore DUNS#:9913773
ADDRESS: 130 S. Main Street
Lake Elsinore, CA 92532
CITY PROGRAM CONTACTS: Brendan Rafferty, Fiscal Officer
SUBRECIPIENT NAME: Boys & Girls Club of Southwest County
ADDRESS: 130 S. Main Street,Lake Elsinore, CA 92532
PHONE : 951-699-1526 FAX :
E-MAIL : shellyf(ZDbecswc.org
PROJECT NAME: Boys& Girls Club Scholarship Program
PROJECT LOCATION: 16275 Grand Avenue 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: $10,000
Project to be administered by County (HHPWS) on behalf of CITY: YES ❑ NO
IL SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2021-2022 Community Development Block Grant for the
Boys & Girls Club Scholarship 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 The Boys and Girls Club of'Southwest County provides after-school programs to students.
The program consist of sports and fitness, health and life skills, academic and career programs. CDBG
funds will used,for "scholarships"to income eligible youth.
Page 1 of 6
EXHIBIT A
File No.: 11E.74-21
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's National
Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried
out under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a)(2)(i)(B)
CFR Reference: Low Mod Limited Clientele Income Certification
C. Levels of Accomplishment—Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity Units Total Total
per Month Units/Year Unduplicated Persons
Activity#1 20 20
Unit of Service is defined as: scholarships
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ® Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome(select one): ❑ Availability/Accessibility
® Affordability
❑ 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 nurnber 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 detennined 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
File No.: 11E.74-21
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 $10,000. Drawdowns for the payment of eligible expenses shall be made against the line-
item budgets specified in this Section and in accordance with performance. Payments may be contingent
upon certification of the Subrecipient's financial management system in accordance with the standards
specified in 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-CDBG Total Notes
Granted Funds Activity/Project
Funds Budget
Total Direct Program $ 10,000 $20,000 $30,000
Expenses
Salaries
Fringe
Office Space(Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment(Program Only)
Audit
Transportation
Other: Scholarships x
Total Indirect Program $ 10,000
Expenses
Indirect Costs (Specify)*
* 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 A
File No.: 11E,74-21
G. Total Amount of Non- CDBG Leveraging
TYPE SOURC' AMOUNT i SOURCE AMOUNT SOURCE AMOUNT f TOTAL
J
FEDERAL f
STATE/LOCAL
PRIVATE
OTHER , Fees �$20,000 � $20,000
TOTAL: $20,000
11I. 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
File No.: 11E.74-21
2. Records Retention:
The City shall retain all CDBG-related financial records, supporting documents, contracts, and
agreements for a period of four(4) years. The retention period begins on the date of the submission of the
County's annual performance and evaluation report to HUD in which the activities assisted under the
Agreement are reported for the final time. The City will retain all National Objective documentation,
including low-moderate income certification, ethnicity, and other pertinent data for a period of four (4)
years after submission of the County's annual performance and evaluation report to HUD.
Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve
any of the records cited and that have started before the expiration of the four-year period, then such
records must be retained until completion of the actions and resolution of all issues.
3. Client Data:
The City shall maintain client data demonstrating client eligibility for services provided. Such data shall
include, but not be limited to, client name, address, income level or other basis for determining eligibility,
and description of service provided. Such information shall be made available to County monitors or their
designees for review upon request.
4. Disclosure:
The City understands that client information collected under this contract is private and the use or
disclosure of such information, when not directly connected with the administration of the County's or
City's responsibilities with respect to services provided under this contract, is prohibited by applicable
federal and State law unless written consent is obtained 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 teens of this Agreement shall remain in
effect during any period that the City has control over CDBG funds, including program income.
6. Audits &hrspections:
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. 'Fire 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 A
File No.: 11E.74-21
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 inilestones listed below:
Tasks/Milestone Start Date Completion Date
Complete Sponsor July 2021 August 2021
Training
Implement Program Activities July 1, 2021 ------------
Execute Supplemental Supplemental Agreement October 2021 November 2021
&Notice to Incur Cost
City Submits Quarterly November 2021 March 18, 2022 2
Performance Reports to County
County Monitoring of City TBD TBD
Performance
City Submits Monthly November 2021 March 18, 2022 '
Direct Benefit Reports
City Submits Reimbursement November 2021 March 18, 2022 '
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 18,2022
V. SPECIAL CONDITIONS/PERFORMANCE REQUIREMENTS
City must collect income self-certifications from every individual or family participating in CDBG-
funded activities or the parent or legal euardian o£eveiv child participating in CDBG-funded activities.
This includes family income, family size, and ethnicity. All this documentation must be submitted to
HHPWS on a monthly basis.
Once the Notice to hrcur Cost letter is received,City must submit monthly reimbursement requests unless
another schedule is approved, in writing, by HHPWS. Further, at least 75% of all 2021-22 CDBG funds
must be drawn down by January 14, 2022, and 100%of all 2021-22 CDBG funds must be drawn down by
March 18, 2022. 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.75-21
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME: City of Lake Elsinore DUNS#:73383754
ADDRESS: 130 S. Main Street
Lake Elsinore, CA 92532
CITY PROGRAM CONTACTS: Brendan Rafferty, Fiscal Officer
SUBRECIPIENT NAME: Vista Community Clinic
ADDRESS: 130 S. Main Street, Lake Elsinore, CA 92532
PHONE : (760) 631-5000 FAX : (760)414-3701
E-MAIL : ceo(a)vcc org
PROJECTNAME: Vista Community Clinic Program
PROJECT LOCATION: 30195 Fraser Drive Lake Elsinore CA 92530
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT 124 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (c)Public Services
PROJECT FUNDING SUMMARY: $22,000
Project to be administered by County (HHPWS) on behalf of CITY: YES ❑ NO El
IL SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2021-2022 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 Cotnnnenity 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 B
File No.: 11E.75-21
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's National
Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried
out under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a)(2)(i)(B)
CFR Reference: Low Mod Limited Clientele Income Certification
C. Levels of Accomplishment—Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity Units Total Total
per Month Units/Year Unduplicated Persons
Activity #1 100 100
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 B
File No.: 1.1-E.75-21
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 $22,000.Drawdowns for the payment of eligible expenses shall be made against the line-
item budgets specified in this Section and in accordance with performance. Payments may be contingent
upon certification of the Subrecipient's financial management system in accordance with the standards
specified in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (2 CPR 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 Total Non- Total Notes
Funds CDBG Funds Activity/Project
Budget _
Total Direct Program $ 22,000 $39,673 $61,673
Expenses
Salaries X
Fringe X
Office Space(Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment(Program Only)
Audit
Transportation
Other: Other Eligible Expenses X
Total Indirect Program $
Expenses
Indirect Costs (Specify)*
* 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.75-21
G. Total Amount of Non- CDBG Leveraging
TYPE SOURCE OUNT SOURCE AMOUNT SOURCE AMOUNT ! TOTAL
FEDERAL � HRSA �$39,673 {� $39,673
STATE/LOCAL
PRIVATE
OTHER
TOTAL: $39,673
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;
i. 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.75-21
2. Records Retention:
The City shall retain all CDBG-related financial records, supporting documents, contracts, and
agreements for a period of four(4) years. The retention period begins on the date of the submission of the
County's annual performance and evaluation report to HUD in which the activities assisted under the
Agreement are reported for the final time. The City will retain all National Objective documentation,
including low-moderate income certification, ethnicity, and other pertinent data for a period of four (4)
years after submission of the County's annual performance and evaluation report to HUD.
Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve
any of the records cited and that have started before the expiration of the four-year period, then such
records must be retained until completion of the actions and resolution of all issues.
3. Client Data:
The City shall maintain client data demonstrating client eligibility for services provided. Such data shall
include, but not be limited to, client name, address, income level or other basis for determining eligibility,
and description of service provided. Such information shall be made available to County monitors or their
designees for review upon request.
4. Disclosure:
The City understands that client information collected under this contract is private and the use or
disclosure of such information, when not directly connected with the administration of the County's or
City's responsibilities with respect to services provided under this contract, is prohibited by applicable
federal and State law unless written consent is obtained 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.75-21
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by County, CITY will perform and complete the activities described in Section 11
in conformance with the schedule of tasks and milestones listed below:
Tasks/Milestone Start Date Completion Date
Complete Sponsor July 2021 August 2021
Training
Implement Program Activities July 1, 2021 ----------------
Execute Supplemental Agreement October 2021 November 2021
&Notice to Incur Cost
City Submits Quarterly November 2021 March 18, 2022 2
Performance Reports to County
County Monitoring of City TBD TBD
Performance
City Submits Monthly November 2021 March 18, 2022'
Direct Benefit Reports
City Submits Reimbursement November 2021 March 18, 2022'
Requests
I 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 18,2022
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 participatin 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.
Page 6 of 6
EXHIBIT C
File No.: 11E.76-21
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON-PUBLIC SERVICE)
1. GENERAL INFORMATION
CITY NAME: City of Lake Elsinore DUNS #: 21798863
ADDRESS: 130 S. Main Street
Lake Elsinore, CA 92532
PROGRAM CONTACTS: Grant Yates, Executive Director
PHONE: (951)674-3124 FAX:
E-MAIL: gyates((�lake-elsinore.org
PROJECT NAME: Lake Community Center Rehabilitation Phase 11
PROJECT LOCATION: 310 W.Graham Avenue, Lake Elsinore, CA 92530
LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion
CDBG ELIGIBILITY CODE: 570.201 (c)
PROJECT FUNDING SUMMARY: $451,690
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 2021-2022 Community Development Block Grant for the
Lake Community Center Rehabilitation Phase II 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 funds 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. CDBG
funds will be used to pay for design, construction, project nianagement, compliance
monitoring, inspection, and other related expenses. Lake Community Center
Rehabilitation Phase LL
B. National Objective
Page I of 6
EXHIBIT C
File No.: 11E.76-21
All activities funded with CDBG funds must comply with one of more of the CDBG program's National
Objective Criteria as required under 24 CPR 570.200(a)(2). City certifies that the activity(ies) carried out
under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a)(1)(i)
CFR Reference: Low Mod Area
C. Levels of Accomplishment—Goals and Performance Measures
The City agrees to implement and complete the following activity(ies):
Activity #I accessibility upgrades, HVAC systems including air, heating, and ventilation, plumbing, and electrical
system, and constructing an entry to the facility for added security.
Activity #2 design, construction, project rnanagenzent, compliance monitoring, inspection, and other related
expenses.
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives(select one): ® Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome (select one): ® Availability/Accessibility
❑ Affordability
❑ Sustainability(promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of pained
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 fiords, or any other event that could potentially impact
the City or subreeipient'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.
F. Program Budget
Page 2 of 6
EXHIBIT C
File No.: 11E.76-21
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement
shall not exceed 45$ 1,690 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 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 Total of Non- Total Activity/Project Notes
Funds CDBG Funds Budget
Design/Engineering Costs X
Project Administration Costs X
Construction Costs X
Acquisition Costs
Relocations Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Indirect Costs: Other Related
Expenses X
TO
G. Total Amount of Non- CDBG Leveraging
TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL
FEDERAL
STATE/LOCAL '
PRIVATE
Page 3 of 6
EXHIBIT C
File No.: 11E.76-21
OTHER
TOTAL:
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 Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR
570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall
include but not be limited to:
1 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.
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.
Page 4 of 6
EXHIBIT C
File No.: 11E.76-21
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such data
shall include, but not be limited to, client name, address, income level or other basis for determining
eligibility, and description of service provided. Such information shall be made available to County
monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and the use or
disclosure of such information, when not directly connected with the administration of the County's or
City's responsibilities with respect to services provided under this contract, is prohibited by applicable
federal and State law unless written consent is obtained from such person receiving service and, in the
case of a minor, that of a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are completed.
Activities during this close-out period shall include, but are not limited to: making final payments,
disposing of program assets (including the return of all unused materials, equipment, unspent cash
advances, program income balances, and accounts receivable to the County), and determining the
custodianship of records. 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 how's, 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).
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by County, City will perform and complete the activities described in
Section 11 in conformance with the schedule of tasks and milestones listed below:
Tasks/Milestone Start Date Completion Date
Complete CDBG Training July 2021 July 2021
Implement Project Activities Upon Notification from HHPWS
Execute Supplemental Agreement September 2021 October 2021
Page 5 of 6
EXHIBIT C
File No.: 11E.76-21
&Notice to Incur Cost
Tasks/ Milestone Start Date Completion Date
Submit Quarterly Performance Start October 2021
Reports to County Through June 2022
Comity Monitoring of City To be determined by Program Manager
Program/Performance
Specific Project Activities
I. City executes Supplemental Agreement; receives Authorization to Incur Cost letter
2. City prepares final construction documents(incorporating Special Federal Provisions)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 ❑
Other Schedule
CD13G-funded Project Complete June 15,2022
V. SPECIAL CONDITIONS/PERFORMANCE REQUIREMENTS
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
File No.: 0.231-21
EXHIBIT D
SPONSOR'S AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
I. GENERAL INFORMATION
SPONSOR NAME: Assistance League of Temecula Valley DUNS#: 868952920
ADDRESS: 28720Temecula,
A 925 0
nua
Temecula, CA 92590
PROGRAM CONTACTS: Dorcas Shaktman, Executive Director
PHONE: 951-970-6034 FAX:
E-MAIL: dshakunan@verizon.net
PROJECT NAME: Operation School Bell
PROJECT LOCATION: 28720 Via Montezuma, Temecula, CA 92590
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT 124 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY: $61,431
I"' District $8,000
3"' District $5,000
Lake Elsinore S27,400
Murrieta $21,031
II. SCOPE, OF SERVICE
A. Activities
Sponsor will be responsible for administering a 2021-2022 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 4-17 from low-income,families at multiple shopping events.for eligible
children.
B. National Objective
Page 1 of 6
File No.: 0.231-21
EXHIBIT D
All activities funded with CDBG funds must comply with one or more of the CDBG program's National Objective
Criteria as required under 24 CER 570 200(a)(2). Sponsor 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)
CER Reference: Low Mod Limited Clientele Income Certification
C. Levels of Accomplishment—Goals and Performance Measures
The Sponsor agrees to provide the following levels of program services:
Activity Units Total Total
per Month Units/Year Unduplicated Persons
Activity 41 400 400
Unit of Service is defined as: Youths receiving scholarships.
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ® Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome (select one): ® Availability/Accessibility
❑ Affordability
❑ Sustainability (promoting livable or viable communities)
D. Sponsor Capacity
By executing this Sponsor's Agreement, the Sponsor certifies that it has the appropriate number of trained and
knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting,and sufficient amount
of financial resources necessary to implement and carry out the activities funded with CDBG funds.
Sponsor 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 Sponsor's
performance under this Agreement. Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
Page 2 of 6
File No.: 0.231-21
EXHIBIT D
The County of Riverside Grantee will monitor the performance of the Sponsor 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 Sponsor within a
reasonable period of time after being notified by the County, contract suspension or termination procedures will be
initiated.
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 $61,431. 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 Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (2 CPR Part 200).
The County may require a more detailed budget breakdown than the one contained herein, and the Sponsor 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 Sponsor.
CDBG Granted Total Non- Total Notes
Line Item Funds CDBG Funds Activity/Project
Budget _
Total Direct Program $ 619431
Expenses
Salaries
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials X
Mileage
Equipment(Program Only)
Audit
Transportation
Other: New clothing and X
shoes
Total Indirect Program $
Expenses
hldirect Costs (Specify)*
Page 3 of 6
File No.: 0.231-21
EXHIBIT D
G. Total Amount of Non- CDBG Leveraging
TYPE SOURCE AMOUNT rsouRcE AMOUNT SOURCE AMOUNT TOTAL
FEDERAL
STATE/LOCAL Temecula F$18,534 �--. F T-1 —F-%ls-,534
PRIVATE Private $18,985 F ~- F —F$18,985
-[--
OTHER Donations $113,000 �' $113,000
TOTAL: $150,519
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The Sponsor 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 Sponsor 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 Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506,
that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be
limited to:
i Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the National Objectives
of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CDBG assistance;
V. Records documenting compliance with the fair housing and equal opportunity components
of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and
vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
Page 4 of 6
File No.: 0.231-21
EXHIBIT D
2. Records Retention
The Sponsor shall retain all financial records,supporting documents,statistical records,and all other records
pertinent to the Agreement 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 on for the final time. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have
started before the expiration of the four-year period,then such records must be retained until completion of
the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.
3. Client Data
The Sponsor 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 Sponsor 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
Sponsor'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 Sponsor'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 Sponsor has control over CDBG funds, including program income.
6. Audits & Inspections
All Sponsor 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
Sponsor within 30 days after receipt by the Sponsor. Failure of the Sponsor to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding of future
payments. The Sponsor hereby agrees to have an annual agency audit conducted in accordance with current
Comity 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.: 0.231-21
EXHIBIT D
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by County, Sponsor 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 Sponsor Training July 2021 August 2021
Implement Program Activities July 1, 2021 r ----------------
Execute Sponsor's Agreement September 2021 November 2021
&Notice to Incur Cost
Sponsor Submit Quarterly September 2021 March 18, 2022 Z
Performance Reports to County
Sponsor Submits Monthly September 2021 March 18, 2022'
Direct Benefit Reports
Sponsor Submits Reimbursement Requests September 2021 March 18, 2022 "
1 The Notice to hicur Cost Letter will provide the specific program implementation date for this
CDBG-frnided 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 18, 2022
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
Sponsor must collect income self-certifications from every individual or family participating in this CDBG-funded
activity. The parent or legal guardian must complete the income certification on behalf of a child participating in
the program. This certification must include family income, family size, and ethnicity. Sponsor is also required to
collect income verification documentation. Sponsor must calculate these participants' incomes pursuant to HUD's
Online Income Eligibility Calculator (wwwJrudcxchange mfg/ incomecalculator) or comparable method. This
documentation must be submitted to HHPWS on a monthly basis.
Once the Notice to hicur 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 2021-22 CDBG funds must be
drawn down by January 14, 2022, and 100% of all 2021-22 CDBG funds must be drawn down by March 18,
2022. 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
File No.: 0.236-21
EXHIBIT E
SPONSOR'S AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
I. GENERAL INFORMATION
SPONSOR NAME. Helping Our People in Elsinore, Inc. DUNS #:6655633
ADDRESS: 506 W. Minthorn Street Lake Elsinore, CA 92530
PROGRAM CONTACTS: Brett Masters, Executive Director
PHONE: 951-751-5828 FAX: _
E-MAIL: brett@dreameenterle.org
PROJECT NAME: H.O.P.E. Pantry Program ------
PROJECT LOCATION: 506 W Minthorn Street, Lake Elsinore, CA 92530
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT 124 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFI2 570.201 (e) Public Services
PROJECT FUNDING SUMMARY: $74,446
1"' District $40,640
Lake Elsinore $30,000
Canyon Lake $3,806
II. SCOPE OF SERVICE
A. Activities
Sponsor will be responsible for administering a 2021-2022 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 41 fLORE, provides meals to needy.families, seniors, and homeless persons in the Lake Elsinore,
Sedco Hills, Canyon Lake, Wildomar, and Lakeland Village. CDBG funds will be used for
consumable supplies, space costs, utilities,food, transportation, and operational costs.
Page I of 6
File No.: 0.236-21
EXHIBIT E
B. National Objective
All activities funded with CDBG funds must comply with one or more of the CDBG program's National Objective
Criteria as required under 24 CPR 570.200(a)(2). Sponsor 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)
CPR Reference: Low Mod Limited Clientele Income Certification
C. Levels of Accomplishment—Goals and Performance Measures
The Sponsor agrees to provide the following levels of program services:
Activity Units Total Total
per Month Units/Year Unduplicated Persons
Activity #1 2500 2500
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. Sponsor Capacity
By executing this Sponsor's Agreement, the Sponsor certifies that it has the appropriate number of trained and
knowledgeable staff, adequate facilities,proper equipment,required licensing and permitting,and sufficient amount
of financial resources necessary to implement and carry out the activities funded with CDBG funds.
Sponsor 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 Sponsor's
performance under this Agreement. Any changes in the above items are subject to the prior approval of the County.
Page 2 46
File No.: 0.236-21
EXHIBIT E
E. Performance Monitoring
The County of Riverside Grantee will monitor the performance of the Sponsor 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 Sponsor within a
reasonable period of time after being notified by the County, contract suspension or termination procedures will
be initiated.
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$74,446. 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 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 Sponsor 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 Sponsor.
Line Item CDBG Total Non- Total Notes
Granted Funds CDBG Funds Activity/Project
Bud et
Total Direct Program $ 74,446 $90,000 $164,446
Expenses
Salaries
Fringe
Office Space (Program Only) x
Utilities x
Communications
Reproduction/Printing
Supplies and Materials x
Mileage
Equipment(Program Only)
Audit
Transportation x
Other:
Total Indirect Program $
Expenses
Indirect Costs (Specify)*
Page 3 of 6
File No.: 0.236-21
EXHIBIT E
G. Total Amount of Non- CDBG Leveraging
-[TYPE i SOURCE , AMOUNT SOURCE AMOUNT FSOURCE AMOUNT FTOTAI
FEDERAL
STATE/LOCAL Bus. Orgs $36,000 �— [$36,000
PRIVATE Donations $48,000 � FS48,000
OTHER Grants $6,000
$6,000
TOTAL: $90,000
IIL ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The Sponsor 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 Sponsor 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 Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR
570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include
but not be limited to:
i Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the National Objectives
of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CDBG assistance;
V. Records documenting compliance with the fair housing and equal opportunity components
of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and
vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
Page 4 of 6
File No.: 0.236-21
EXHIBIT E
2. Records Retention
The Sponsor shall retain all financial records, supporting documents, statistical records, and all other
records pertinent to the Agreement 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 I-IUD in which the activities
assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have
started before the expiration of the four-year period, then such records must be retained until completion
of the actions and resolution of all issues,or the expiration of the four-year period, whichever occurs later.
3. Client Data
The Sponsor 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 Sponsor 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
Sponsor'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 Sponsor'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 Sponsor has control over CDBG funds, including program income.
6. Audits & Inspections
All Sponsor 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 Sponsor within 30 days after receipt by the Sponsor. Failure of the Sponsor to comply with the
above audit requirements will constitute a violation of this contract and may result in the withholding of
future payments. The Sponsor 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.: 0.236-21
EXHIBIT E
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by County, Sponsor 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 Training July 2021 August 2021
Implement Program Activities July 1, 2021 1 - - - - - - - - - - - -
Execute Sponsor's Agreement October 2021 November 2021
&Notice to Incur Cost
Sponsor Submits Quarterly November 2021 Z March 18, 2022 2
Performance Reports to County
Sponsor Submits Monthly November 2021 March 18, 2022'
Direct Benefit Reports
Sponsor Submits Reimbursement November 2021 March 18, 2022 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 18, 2022
V. SPECIAL CONDITIONS/PERFORMANCE REQUIREMENTS
Sponsor must collect income self-certifications from every individual or family participating in this CDBG-
funded activity. The parent or legal guardian must complete the income certification on behalf of a child
participating in the program. This certification must include family income, family size, and ethnicity. Sponsor is
also required to collect income verification documentation from at least 10% of all participants. Sponsor must
calculate these participants' incomes pursuant to HUD's Online Income Eligibility Calculator
htt2s://www.hudexchan2e info/incomecalculator/dashboard/?incomecalculatoraction=type of assistance.cdb
national_objective or comparable method.This documentation must be submitted to HHPWS on a monthly basis.
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 2021-22 CDBG funds must be
drawn down by January 14, 2022, and 100% of all 2021-22 CDBG funds must be drawn down by March 18,
2022. 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