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2020/07/01 CDBG CDBG Agreement between City of Menifee and Assistance League of Temecula Valley for Public Services for the City of Menifee Community Development Block Grant Program*Please see attached page for additional information to support this agreement. CITY OF MENIFEE Agreement/contract coversheet DATE: February 16, 2021 TO: Armando G. Villa, City Manager Agreement Routed to City Attorney: 01/21/21 (Via email, attached) FROM: Margarita Cornejo, Financial Services Manager Edna Lebron, Sr. Management Analyst SUBJECT: FY 20/21 Community Development Block Grant (CDBG) Agreement between the City of Menifee and Assistance League of Temecula Valley. IS THE AGREEMENT/CONTRACT WITHIN THE CITY MANAGER’S SIGNATURE AUTHORITY? Yes – Purchase of Commodities under $50,000 Professional Services under $25,000 Change Order under $25,000 or less than 10% of original contract (supplies, equipment, services or construction contracts) Public Works Contract for $45,000 or less No – City Council authorized City Manager to sign (Council action attached) (CDBG Approved May 20, 2020) -Other: CDBG Subrecipient Agreement (FY20/21) Department Date Initials Cheryl Kitzerow, Community Development Director Wendy Preece, Deputy Finance Director Rochelle Clayton, Deputy City Manager Jeffrey T. Melching, City Attorney Sarah A. Manwaring, City Clerk INSURANCE REQUIREMENTS CATEGORY APPLICABLE NOT APPLICABLE WAIVED EXPIRATION DATE General Liability 06/01/2021 Automobile Liability 06/01/2021 Worker’s Compensation Professional Liability Other: Umbrella Liability Other: ________________ APPROVED/REVIEWED BY RISK MANAGEMENT (R. Cardenas, Risk Manager): DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2/16/2021 2/16/2021 2/16/2021 2/16/2021 2/16/2021 2/16/2021 2/16/2021 2/18/2021 2/18/2021 2 WHY IS THIS AGREEMENT/CONTRACT NEEDED? The City of Menifee elected to become a Community Development Block Grant (CDBG) entitlement jurisdiction beginning July 1, 2012. As a recipient of annual CDBG grant funds, the City assists with the enhancement and support of low to moderate income populations within the City of Menifee through delivery of various programs and activities. The selected organization organizes and carries out Operation School Bell which assists needy students from Low and Moderate Income (“LMI”) families in grades kindergarten through eighth (8th) grade by providing them new school clothing at the beginning of the school year (“Services”). The students are taken to a local retail store to receive school appropriate clothing totaling $125. WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT? The term of the agreement is July 1, 2020 through June 30, 2021. WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT? Total contract amount $10,000.00 (Not-to-exceed-amount). HOW WAS THE VENDOR/CONSULTANT/CONTRACTOR DECIDED ON? The City of Menifee posted the 2020/21 Notice of Funding Availability (NOFA) on November 6, 2019. Menifee Citizens Advisory Committee (MCAC) reviewed the funding proposals received as a result of the NOFA and formulated their Public Services Programs recommendations. The organization was selected from MCAC recommendations. Supplies/Equipment/Maintenance/Construction Prior Contract/Experience with the City $5,000 - $49,000 – Three Written Quotes Yes Over $50,000 – Competitive Bidding and Formal Proposals Public Works Projects Professional Services Under $45,000 – Purchase Order, Contract (Prudent Judgement) Under $25,000 – City Manager $45,000 - $174,999 – Informal Bidding Process over $25,000 – City Council Approval Over $175,000 – Formal Bidding Required Other CDBG Subrecipient Agreement WHERE ARE THE FUNDS COMING FROM? CDBG FY20/21 Fund 481 WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER? 481-2021-58044 (Public Services-CDBG) IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET? Yes, as of 1/21/2021 Account #481-2021-58044 has a balance of $78,340.00 (see attached Eden Report) DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 3 ATTACHMENTS - CONTRACT/AMENDMENT - CERTIFICATES OF INSURANCE - EMAIL TO CITY ATTORNEY FOR REVIEW/APPROVAL - EXPENDITURE STATUS REPORT (AVAILABILITY OF FUNDS) - STAFF REPORT (05/20/2020) DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN CITY OF MENIFEE AND ASSISTANCE LEAGUE OF TEMECULA VALLEY FOR PUBLIC SERVICES FOR THE CITY OF MENIFEE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT (“Agreement”), entered into as of this 1st day of July, 2020 by and between the CITY OF MENIFEE, a California municipal corporation (“Grantee”), and ASSISTANCE LEAGUE OF TEMECULA VALLEY, a California nonprofit corporation (“Subrecipient”). R E C I T A L S WHEREAS, Grantee participates in the Community Development Block Grant program administered by the United States Department of Housing and Urban Development (“HUD”) under Title I of the Housing and Community Development Act of 1974 (42 U.S.C. §§ 5301 et seq.) as amended from time to time, and the regulations promulgated thereunder (24 C.F.R. §§ 570 et seq.). Pursuant to the Community Development Block Grant program, Grantee receives funds from HUD (“CDBG Funds”) to be used for the support of community development activities that meet at least one of the three national objectives of the program: (i) benefiting low and moderate income persons, (ii) preventing and eliminating slums and blight, and (iii) addressing a community development need having a particular urgency; WHEREAS, Subrecipient is a nonprofit organization dedicated to providing senior services, including nutrition programs, within the Menifee Valley, which includes portions of Grantee; WHEREAS, Subrecipient desires to utilize CDBG Funds to provide services to the people in the Menifee Valley, including residents of Grantee; WHEREAS, Grantee desires to assist Subrecipient with the foregoing by providing financial assistance to Subrecipient in the form of a grant of CDBG Funds in the amount not to exceed Ten Thousand Dollars and Zero Cents ($10,000.00) (“City Grant”) to be used by Subrecipient for certain expenses related to the Program, more particularly described herein as the “Eligible Project Expenses”; and WHEREAS, Grantee’s provision of the City Grant to Subrecipient pursuant to this Agreement, and the fulfillment generally of this Agreement, are in the vital and best interests of Grantee and the welfare of its residents, and in accordance with the purpose and provisions of the Community Development Block Grant program. NOW, THEREFORE, based upon the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, Grantee and Subrecipient hereby agree as follows: 2762/031858-0001 12965474.1 a11/23/20 DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -2- I. SCOPE OF SERVICE A. Activities Subrecipient will be responsible for administering a Community Development Block Grant (“CDBG”) Year 2020/2021 Public Services Program (“Program”) in a manner satisfactory to Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the CDBG program: Program Delivery Activity #1: Operation School Bell which assists needy students from Low and Moderate Income (“LMI”) families in grades kindergarten through eighth (8th) grade by providing them new school clothing at the beginning of the school year (“Services”). The students are taken to a local retail store to receive school appropriate clothing totaling $125. Services will be provided to at least eighty (80) LMI persons. General Administration Subrecipient will be responsible for the general administration of the Program activities set forth herein in a manner satisfactory to Grantee and consistent with the standards set forth in this Agreement. General administration of the Program includes the following activities: 1. Project Monitoring 2. Project Fiscal Management 3. Project Reporting B. National Objectives All activities funded with CDGB Funds must meet one of the CDBG program’s national objectives: (i) benefiting low and moderate income persons, (ii) preventing and eliminating slums and blight, and (iii) addressing a community development need having a particular urgency, as defined in 24 C.F.R. § 570.208. Subrecipient certifies that the Services will meet one of the CDBG program’s national objectives by providing services that directly benefit LMI persons. Subrecipient will provide the Services to a minimum of At Least eighty (80) LMI persons. Subrecipient shall document and maintain records of the number of LMI persons served throughout the year. C. Levels of Accomplishment – Goals and Performance Measures Subrecipient agrees to provide the following levels of program services: Activity Total Units/Year Activity#1 At Least eighty (80) LMI persons DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -3- LMI person is defined as a person having an income equal or less to than 80% of the area median income, and outlined in the following table, or persons presumed to be LMI in accordance with 24 C.F. R. § 570.208(2)(a). Riverside County Area Median Income (FY 2020): $75,300 Family Members Extremely Low Income Limits (30% of Median) Very Low Income Limits (50% of Median) Low Income Limits (80% of Median) In Household Annual Monthly Annual Monthly Annual Monthly 1 $15,850 $1,321 $26,400 $2,200 $42,200 $3,517 2 $18,100 $1,508 $30,150 $2,513 $48,200 $4,017 3 $20,350 $1,696 $33,900 $2,825 $54,250 $4,521 4 $22,600 $1,883 $37,650 $3,138 $60,250 $5,021 5 $24,450 $2,038 $40,700 $3,392 $65,100 $5,425 6 $26,250 $2,188 $43,700 $3,642 $69,900 $5,825 7 $28,050 $2,338 $46,700 $3,892 $74,750 $6,229 8 $28,850 $2,404 $49,700 $4,142 $79,550 $6,629 D. Staffing Subrecipient shall ensure adequate and appropriate staffing is allocated to performance of the Services. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers’ Compensation Insurance, as Subrecipient is an independent contractor. E. Performance Monitoring Grantee will monitor the performance of Subrecipient against goals and performance standards stated above. Substandard performance as determined by Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within ten (10) days after being notified by Grantee of such substandard performance, Grantee may, but is not required to, initiate contract suspension or termination procedures to suspend or terminate this Agreement. DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -4- II. TIME OF PERFORMANCE The term of this Agreement is from July 1, 2020 through June 30, 2021. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG Funds or other CDBG asset, including Program income. III. BUDGET Subrecipient shall apply the City Grant funds received from Grantee under this Agreement in accordance with the line item budget set forth as follows: Eligible Project Expense Amount Salaries $0 Fringe $0 Office Space (Program only)$0 Utilities $0 Communications $0 Reproduction/Printing $0 Supplies and Materials $0 Mileage $0 Audit $0 Clothing for beneficiary children $10,000.00 Indirect Costs (Specify): $0 __________________________________________ TOTAL $10,000.00 Any indirect costs charged must be consistent with the conditions of this Agreement. In addition, Grantee may require a more detailed budget breakdown than the one contained herein, and Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by Grantee. Any amendments to the budget must be approved in writing by both Grantee and Subrecipient. IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by Grantee under this Agreement shall not exceed Ten Thousand Dollars and Zero Cents ($10,000.00). Drawdowns for the payment of Eligible Project Expenses shall be made against the line item budget specified in Section III (Budget) herein and in accordance with performance of the Services. Expenses for general administration shall also be paid against the line item budgets specified in Section III (Budget) and in accordance with performance of the Services. City Grant payments shall be made to: ASSISTANCE LEAGUE OF TEMECULA VALLEY INLAND VALLEY 28720 Via Montezuma Temecula, Ca 92590 DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -5- Payments may be contingent upon certification of Subrecipient’s financial management system in accordance with the standards specified in 24 C.F.R. § 84.21. V. NOTICES Subrecipient shall notify Grantee of any of the following changes:  Loss of Non-Profit Status; or  Change in leadership of Subrecipient or changes in staff administering this Agreement. Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: Grantee Subrecipient Edna Lebron, Sr. Management Analyst City of Menifee 29844 Haun Road Menifee, CA 92586 Phone: (951) 672-6777 Fax: (951) 679-3843 Denise Lanier, President Assistance League Of Temecula Valley 28720 Via Montezuma Temecula,Ca 92590 Phone: 951-970-6034 VI. SPECIAL CONDITIONS None VII. GENERAL CONDITIONS A. General Compliance Subrecipient shall carry out the Services and operate the Program in conformity with all applicable Federal, state, and local laws, regulations, and rules of governmental agencies having jurisdiction, including without limitation, the CDBG Requirements (except that (1) Subrecipient does not assume the environmental responsibilities described in 24 C.F.R. § 570.604, and (2) Subrecipient does not assume the responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52) and the legal requirements set forth in Exhibit A attached to this Agreement and the statutes referenced therein, all provisions of the Municipal Code of the City of Menifee, and all federal and state fair labor standards, including the payment of prevailing DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -6- wages and compliance with the Davis-Bacon Act. “CDBG Requirements” shall collectively refer to the requirements of Title I of the Housing and Community Development Act of 1974 (42 U.S.C. §§ 5301 et seq.) as amended from time to time, and the implementing regulations set forth in 24 C.F.R. §§ 570 et seq. as amended from time to time, and the requirements set forth and referred to in Exhibit A attached to this Agreement. Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. In the case of any conflict between the CDBG Requirements and this Agreement, the CDBG Requirements shall control; it being understood, however, that in order to be in compliance with this Agreement and the CDBG Requirements, Subrecipient shall, to the extent possible, comply with the most restrictive provisions in this Agreement and the CDBG Requirements. Each and every provision required by law to be included in this Agreement shall be deemed to be included, and this Agreement shall be read and enforced as though all such provisions were included. Subrecipient acknowledges and agrees that it shall be and remain, and shall cause Subrecipient personnel to be and remain, fully knowledgeable and apprised of all local, state and federal laws, rules, and regulations in any manner affecting the performance under this Agreement, including the CDBG Requirements. Subrecipient shall indemnify, protect, defend, and hold harmless Grantee and its officials, officers, employees, and agents, with counsel reasonably acceptable to Grantee, from and against any and all loss, liability, damage, claim, cost, expense and/or “increased costs” (including reasonable attorneys’ fees, court and litigation costs, and fees of expert witnesses) that results or arises in any way from any of the following: (a) the noncompliance by Subrecipient of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state or federal prevailing wages and hire apprentices); (b) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (c) failure by Subrecipient to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. The foregoing indemnity shall survive termination or expiration of this Agreement. It is agreed by the parties that Subrecipient shall bear all risks of payment or nonpayment of prevailing wages under federal law and California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. “Increased costs,” as used in this Section, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. B. Hold Harmless Subrecipient shall indemnify, defend, and hold harmless Grantee and its officers, officials, employees, representatives, and agents (each, an “Indemnitee”) from and against any and all liability, expense or damage of any kind or nature, and for, from and against any suits, claims or demands, including legal fees and expenses, on account of or arising out of this Agreement or otherwise in connection with the Program or Services, except to the extent of such loss as may be caused by the sole negligence or willful misconduct of an Indemnitee. Upon receiving knowledge of any suit, claim or demand asserted by a third party that Grantee believes is covered by this indemnity, Grantee shall give Subrecipient written notice of the matter and an opportunity to defend it, at Subrecipient’s sole cost and expense, with legal counsel satisfactory to Grantee. DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -7- C. Workers’ Compensation Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. D. Insurance & Bonding Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to the amount of the City Grant. Subrecipient shall comply with the bonding and insurance requirements of 24 C.F.R. §§ 84.31 and 84.48, Bonding and Insurance. Subrecipient will not be relieved of any liability, claims, demands, or other obligations assumed by its failure to procure or maintain insurance, or its failure to procure or maintain insurance in sufficient amounts, durations, or types. Subrecipient shall name Grantee and its officers, officials, employees, volunteers, agents, and representatives as an additional insured under its general liability insurance and provide a copy of its insurance certificate(s) to Grantee. Failure on the part of Subrecipient to procure or maintain policies providing the required coverages, conditions, and minimum limits will constitute a material breach of this Agreement, upon which Grantee may immediately terminate this Agreement. E. Licensing Subrecipient agrees to comply with and obtain at its own expense, if necessary, all applicable Federal, state, county, or municipal standards for licensing, certifications and operation of facilities and programs, including the Program, and accreditation and licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of the Services. In the event of an investigation or suspension regarding any Subrecipient license related to the Services under this Agreement, Grantee may terminate this Agreement and withhold further City Grant funds. In addition, monies already received under this Agreement may be owed back to Grantee. F. Grantee Recognition Subrecipient shall ensure recognition of the role of Grantee in providing Services through this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with City Grant funds under this Agreement. DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -8- G. Amendments Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release Grantee or Subrecipient from its obligations under this Agreement. Grantee may, in its discretion, amend this Agreement to conform with Federal, state, or local governmental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of Services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. H. Suspension or Termination In accordance with 24 C.F.R. § 85.43, Grantee may suspend or terminate this Agreement if Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time; 2. Failure, for any reason, of Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of City Grant funds provided under this Agreement; or 4. Submission by Subrecipient to Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 C.F.R. § 85.44, this Agreement may also be terminated for convenience by either Grantee or Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, Grantee determines that the remaining portion of the City Grant funds will not accomplish the purpose for which the grant was made, Grantee may terminate this Agreement in its entirety. DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -9- VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards Subrecipient agrees to comply with 24 C.F.R. §§ 84.21 – 84.28 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. 2. Cost Principles Subrecipient shall administer its program in conformance with the requirements of The Office of Management and Budget (OMB)”Super Circular” 2 CFR Part 200, which includes the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal awards, as applicable. The Super Circular guidance superseded and consolidated the requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, A-133, and A-50. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. [Note: For the above sections, if Subrecipient is a governmental or quasi-governmental agency, the applicable section of 24 C.F.R. Part 85, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” and OMB Circular A-87 would apply.] B. Documentation and Record Keeping 1. Records to be Maintained Subrecipient shall maintain all records required by the Federal regulations specified in 24 C.F.R. § 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 C.F.R. § 570.502, and 24 C.F.R. §§ 84.21 – 84.28; and DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -10- g. Other records necessary to document compliance with Subpart K of 24 C.F.R. Part 570. 2. Retention Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of five (5) years. The retention period begins on the date of the submission of Grantee’s annual performance and evaluation report to HUD in which the Services under this Agreement are reported on for the final time. Notwithstanding the above, if there is any litigation, claim, audit, negotiation, or other action that involves any of the records cited and that has started before the expiration of the five-year retention period, then such records must be retained until completion of the litigation, claim, audit, negotiation, or other action and the resolution of all issues, or until the expiration of the five-year period, whichever occurs later. 3. Client Data Subrecipient 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 Grantee monitors or their designees for review upon request. 4. Disclosure Subrecipient 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 Grantee’s or Subrecipient’s responsibilities with respect to the Services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian of person receiving service. 5. Close-outs Subrecipient’s obligation to Grantee 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 Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG Funds, including program income. Subrecipient will have thirty (30) days after the end of the period defined in Section II (Time of Performance) to submit all final reimbursement request(s), progress reports, and a comprehensive annual report. DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -11- 6. Audits & Inspections Subrecipient records with respect to any matters covered by this Agreement shall be made available to Grantee, HUD, and the Comptroller 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 Subrecipient within thirty (30) days after receipt by Subrecipient of the audit report. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding by Grantee of future payments of the City Grant. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and with the requirements of The Office of Management and Budget (OMB)”Super Circular” 2 CFR Part 200, which includes the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal awards, as applicable. The Super Circular guidance superseded and consolidated the requirements from OMB Circulars A- 21, A-87, A-110, A-122, A-89, A-102, A-133, and A-50.. C. Reporting and Payment Procedures 1. Program Income Subrecipient shall report quarterly all program income (as defined at 24 C.F.R. § 570.500(a)) generated by activities carried out with CDBG Funds made available under this Agreement. The use of program income by Subrecipient shall comply with the requirements set forth at 24 C.F.R. § 570.504. By way of further limitations, Subrecipient may use such program income during the term of this Agreement and shall reduce requests for additional City Grant funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to Grantee at the end of the term of this Agreement. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to Grantee. 2. Indirect Costs If indirect costs are charged, Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient’s share of administrative costs and shall submit such plan to Grantee for approval, in a form specified by Grantee. 3. Payment Procedures Grantee shall reimburse Subrecipient only for actual incurred costs upon presentation of properly executed reimbursement forms as provided and approved by Grantee. Only those Eligible Project Expenses directly related to this Agreement shall be reimbursed. The amount of each request must be limited to the amount needed for payment of Eligible Project Expenses. In the event that Grantee or HUD determines that any CDBG Funds were expended by Subrecipient for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, Grantee or HUD may order repayment of the same. Subrecipient shall DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -12- remit the disallowed amount to Grantee within thirty (30) days of written notice of the disallowance. a. Subrecipient agrees that funds determined by Grantee to be surplus upon completion of this Agreement will be subject to cancellation by Grantee. b. Subrecipient agrees that upon expiration of this Agreement, Subrecipient shall transfer to Grantee any CDBG Funds on hand at the time of the expiration and any accounts receivable attributable to the use of CDBG Funds. c. Grantee shall be relieved of any obligation for payments if funds allocated to Grantee cease to be available for any cause other than misfeasance of Grantee itself. d. Grantee reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement. Payments by Grantee will be provided through a reimbursement/invoicing method only, with payment issued by Grantee after actual costs have been incurred and paid by Subrecipient. All costs shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation, as evidence of the nature and propriety of the charges. All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, Grantee and HUD shall have the right to audit the records of Subrecipient as they relate to this Agreement and the activities and services described herein. Payment reimbursement requests shall be submitted by Subrecipient at a minimum on a quarterly basis. Failure to submit reimbursement requests in a timely manner may lead to reallocation of City Grant funds. Subrecipient shall also: a. Maintain an effective system of internal fiscal control and accountability for all CDBG Funds and property acquired or improved with CDBG Funds, and make sure the same are used solely for the Services. b. Keep a continuing record of all disbursements by date, check number, amount, vendor, description of items purchased, and line item from which the money was expended, as reflected in Subrecipient’s accounting records. DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -13- c. Maintain payroll, financial, and expense reimbursement records for a period of five (5) years after receipt of final payment under this Agreement. d. Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of Grantee or HUD at any time during normal business hours and as often as necessary. e. Inform Grantee concerning any City Grant funds allocated to Subrecipient, that Subrecipient anticipates will not be expended during the term of this Agreement, and permit the reassignment of the same by Grantee to other subrecipients. f. Repay Grantee any funds in its possession at the time of the termination or expiration of this Agreement that may be due to Grantee or HUD. g. Maintain complete records concerning the receipt and use of all program income. Program income shall be reported on a monthly basis on forms provided by Grantee. 4. Progress Reports Subrecipient shall submit regular progress reports to Grantee in the form, content, and frequency as required by Grantee. Progress reports must be submitted at a minimum on quarterly basis. Reporting periods are defined in the following table: Quarter Reporting Period Due Date 1 July-September October 20 2 October-December January 20 3 January-March April 20 4 March-June July 20 Along with the quarterly progress reports, Subrecipient shall provide Grantee with twenty-five percent (25%) sampling of self-certification forms and ten percent (10%) sampling of income verification for clients served that quarter. Subrecipient shall be responsible for retaining one hundred percent (100%) certification and/or income certification forms for a minimum of five (5) years along with other Program records. Additionally, an annual comprehensive report including inventory of all Services provided or performed with CDBG Funds, and financial report shall be submitted at the end of the program year. The annual report shall be submitted no later than August 1st. DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -14- D. Procurement 1. Compliance Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All Program assets (including, unexpended program income, property, and equipment) shall revert to Grantee upon termination or expiration of this Agreement. 2. OMB Standards Unless specified otherwise within this Agreement, Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 C.F.R. §§ 84.40 – 84.48. 3. Travel Subrecipient shall obtain written approval from Grantee for any travel outside the metropolitan area with City Grant funds provided under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 C.F.R. Part 84 and 24 C.F.R. §§ 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. Subrecipient shall transfer to Grantee any CDBG Funds on hand and any accounts receivable attributable to the use of CDBG Funds under this Agreement at the time of expiration, cancellation, or termination. 2. In all cases in which equipment acquired, in whole or in part, with CDBG Funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by Subrecipient for Services under this Agreement shall be (a) transferred to Grantee for the CDBG program or (b) retained after compensating Grantee an amount equal to the current fair market value of the equipment less the percentage of non-CDBG Funds used to acquire the equipment. F. DUNS and SAM.GOV Registration and Subaward Identification Notice Requirements Subrecipient must have a Data Universal Numbering System (DUNS®) number to be eligible to enter into this agreement. Further, the subrecipient must have an active registration with the federal www.sam.gov site to verify it is eligible to receive federal funds, and not federally debarred. In addition, Grantee shall require completion of the subaward identification notice form attached hereto as Exhibit B. Failure to complete the DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -15- subaward identification notice form shall render Subrecipient ineligible to receive funds under this agreement. IX. REPRESENTATIONS AND WARRANTIES OF SUBRECIPIENT Subrecipient makes the following representations and warranties as of the date of this Agreement and agrees that such representations and warranties shall survive and continue thereafter: A. Authorization and Validation The execution, delivery and performance by Subrecipient of this Agreement (i) are within the powers of Subrecipient and upon its execution will constitute a legal, valid and binding obligation of Subrecipient enforceable in accordance with its terms, and (ii) will not violate any provisions of law, any order of any court or other agency of government, or any indenture, agreement or any other instrument to which Subrecipient is a party or by which Subrecipient , or any of its property, is bound, or be in conflict with, result in any breach of or constitute (with due notice and/or lapse of time) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of its property or assets, except as contemplated by the provisions of this Agreement. B. Correct Information All reports, papers, data and information given to Grantee with respect to Subrecipient and this Agreement, including the Program are accurate and correct in all material respects and complete insofar as completeness may be necessary to give Grantee a true and accurate knowledge of the subject matters thereof, and there has been no change in such information. C. Defaults Subrecipient is not a party to any agreement or instrument that will interfere with its performance under this Agreement, and is not in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions set forth in any agreement or instrument to which it is a party. D. Pending Litigation There is not now pending or threatened against or affecting Subrecipient any claim, investigation, action, suit or proceeding at law, or in equity, or before any court or administrative agency which, if adversely determined, would impair or affect Subrecipient’s ability to perform the Services. E. Compliance Subrecipient has examined and is familiar with all conditions, restrictions, reservations, and ordinances affecting the performance of the Services. The Services will in all material respects conform to and comply with all of the requirements of said conditions, restrictions, reservations, and ordinances and performance of the Services shall conform in all respects with DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -16- applicable ordinances and statutes, and shall be in accordance with all requirements of the regulatory authorities having jurisdiction thereof. X. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XI. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XII. WAIVER Grantee’s failure to act with respect to a breach by Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XIII. NONLIABILITY OF OFFICIALS AND EMPLOYEES No member, official, employee, or contractor of Grantee shall be personally liable to Subrecipient in the event of any default or breach by Grantee or for any amount which may become due to Subrecipient or on any obligations under this Agreement. No member, official, employee, or contractor of Subrecipient shall be personally liable to Grantee in the event of any default or breach by Subrecipient or for any amount which may become due to Grantee or on any obligations under this Agreement. XIV. APPLICABLE LAW; VENUE The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. All legal actions must be instituted and maintained in the Superior Court of the County of Riverside, State of California, or in any other appropriate court in that County. XV. EXECUTION IN COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. XVI. NO CONFLICT OF INTEREST For the term of this Agreement, no member, officer, or employee of Grantee, during the term of his or her service with Grantee, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. In addition, Subrecipient agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -17- Grantee’s Filing Officer if such filing is required under state law in connection with the performance of the Services. XVII. THIRD PARTY BENEFICIARIES With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. XVIII. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between Grantee and Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between Grantee and Subrecipient with respect to this Agreement. [Signatures on following page] DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 -18- IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. [Grantee] [Subrecipient] By: Armando G. Villa, City Manager By: Denise Lanier, President Date: Date: By: Diana Elizondo, Secretary Attest: Sarah A. Manwaring, City Clerk Date:________________________________ Countersigned: Wendy Preece, Deputy Finance Director APPROVED AS TO FORM: Jeffrey Melching, City Attorney DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427 1/11/2021 1/15/2021 DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2/16/2021 2/16/2021 2/18/2021 2/18/2021 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “B” PAGE 1 of 13 EXHIBIT A SUMMARY OF LEGAL REQUIREMENTS In addition to the requirements set forth in other provisions of the Agreement, Subrecipient shall comply, and shall cause all Subrecipient’s personnel to comply, with the following regulations and requirements insofar as they are applicable to the performance of the Agreement.1 1. Equal Opportunity and Nondiscrimination. a. Title VI of the Civil Rights Act of 1964, as amended, including Public Law 88-352 implemented in 24 C.F.R. Part 1. This law provides in part that no person shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. In regard to the sale or lease of property, Subrecipient shall cause or require a covenant running with the land to be inserted in the deed and leases prohibiting discrimination under this Title, and providing that Grantee and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient shall enforce such covenant and shall not itself so discriminate. b. Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended, including Public Law 90-234. The Fair Housing Act provides in part that there shall be no discrimination in housing practices on the basis of race, color, religion, sex, and national origin. The Fair Housing Act was amended in 1988 to provide protections from discrimination in any aspect of the sale or rental of housing for families with children and persons with disabilities. The Fair Housing Act also establishes requirements for the design and construction of new rental or for-sale multi-family housing to ensure a minimum level of accessibility for persons with disabilities. c. Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, including 42 U.S.C. 5301 et. seq., 42 U.S.C. 6101 et. seq., and 29 U.S.C. 794. This law provides in part that no person on the grounds of race, color, national origin, sex, or religion shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any activity funded in whole or part with funds under this Title. d. Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including 42 U.S.C. 5301 et. seq. This law provides in part that any 1 This exhibit is a list and summary of some of the applicable legal requirements and is not a complete list of all Subrecipient requirements. The description set forth next to a statute or regulation is a summary of certain provisions in the statute or regulation and is in no way intended to be a complete description or summary of the statute or regulation. In the event of any conflict between this summary and the requirements imposed by applicable laws, regulations, and requirements, the applicable laws, regulations, and requirements shall apply. DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “A” PAGE 2 of 13 grant under Section 106 shall be made only if the grantee certifies to the satisfaction of the Secretary of HUD that the grantee will, among other things, affirmatively further fair housing. e. Executive Order 11246, as amended. This order includes a requirement that grantees and subrecipients and their contractors and subcontractors not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. f. Executive Order 11063, as amended, including 24 C.F.R. Part 107. This order and its implementing regulations include requirements that all actions necessary be taken to prevent discrimination because of race, color, religion, sex, or national origin in the use, occupancy, sale, leasing, rental, or other disposition of property assisted with Federal loans, advances, grants, or contributions. g. Section 504 of the Rehabilitation Act of 1973, as amended. This Act specifies in part that no otherwise qualified individual shall solely by reason of his or her disability or handicap be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal assistance. Subrecipient must ensure that its programs are accessible to and usable by persons with disabilities. h. The Americans with Disabilities Act (ADA) of 1990, as amended. This Act prohibits discrimination on the basis of disability in employment by state and local governments and in places of public accommodation and commercial facilities. The ADA also requires that facilities that are newly constructed or altered, by, on behalf of, or for use of a public entity, be designed and constructed in a manner that makes the facility readily accessible to and usable by persons with disabilities. The Act defines the range of conditions that qualify as disabilities and the reasonable accommodations that must be made to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for persons with disabilities. i. The Age Discrimination Act of 1975, as amended. This law provides in part that no person shall be excluded from participation in, be denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal assistance. j. EEO/AA Statement. Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. k. Minority/Women Business Enterprise. Subrecipient will use its best efforts to afford small businesses and minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of the Agreement. As used in the Agreement, the term “small business” means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women- owned business enterprise” means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, “minority DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “A” PAGE 3 of 13 group members” are Afro-Americans, Spanish-speaking, Spanish-surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 2. Environmental. a. Air and Water. Subrecipient shall comply with the following regulations insofar as they apply to the performance of the Agreement: Clean Air Act, 42 U.S.C. 7401, et seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; and the U.S. Environmental Protection regulations pursuant to 40 C.F.R. Part 50, as amended. b. Flood Disaster Protection Act of 1973. Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. c. Lead-Based Paint. Subrecipient shall comply with the Lead-Based Paint Regulations referenced in 24 C.F.R. § 570.608, including 24 C.F.R. Part 35, et. al. d. Historic Preservation. Subrecipient shall comply with the historic preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 C.F.R. Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties and related laws and Executive Orders, insofar as they apply to the performance of the Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. e. Limitation on Activities Pending Clearance. In accordance with 24 C.F.R. § 58.22 entitled “Limitations on activities pending clearance, “neither a recipient nor any participant in the development process, including public or private nonprofit or for-profit entities, or any of their contractors, may commit HUD assistance under a program listed in 24 C.F.R. § 58.1(b) on an activity or project until HUD or the state has approved the recipient’s Request for Release of Funds (RROF) and the related certifications have been approved. Neither a recipient nor any participant in the development process may commit non-HUD funds or undertake an activity or project that would have an adverse environmental impact or limit the choice of reasonable alternatives. Upon completion of environmental review or receipt of environmental clearance, Grantee shall notify Subrecipient. HUD funds shall not be utilized before this requirement is satisfied. The environmental review or violation of the provisions may result in approval, modification of cancellation of the City Grant. If a project or activity is exempt under 24 C.F.R. § 58.34, or is categorically excluded (except in extraordinary circumstances) under 24 C.F.R. § 58.35(b), no RROF is required and the recipient may undertake the activity immediately after the Grantee has documented its determination that each activity or project is exempt and DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “A” PAGE 4 of 13 meets the conditions specified for such exemption under this section by issuing a Notice to Proceed. 3. Uniform Administrative Requirements. The uniform administrative requirements described in 24 C.F.R. § 570.502. 4. Other Program Requirements. Subrecipient shall carry out each activity under the Agreement in accordance with all applicable federal laws and regulations described in Subpart K of 24 C.F.R. § 570 except for Grantee’s environmental responsibilities under 24 C.F.R. § 570.604 and Grantee’s responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52. 5. Reversion of Assets. Upon the expiration of the Funding Period or sooner termination of the Agreement, Subrecipient shall transfer to Grantee (a) any and all CDBG Funds, (b) any accounts receivable attributable to the use of CDBG Funds. In all cases in which equipment acquired, in whole or in part, with funds under the Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under the Agreement were used to acquire the equipment). Equipment not needed by Subrecipient for activities under the Agreement shall at the election of Grantee either be (a) transferred to Grantee for the CDBG program, or (b) retained by Subrecipient after compensating Grantee an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. 6. Relocation. Grantee shall not be responsible for relocating any occupants from any property. If required, Subrecipient shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs required to comply with all applicable federal and state laws, rules, and regulations, including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as amended, and implementing regulations, and HUD Handbook 1378. Subrecipient shall indemnify, defend, and hold Grantee harmless from and against any claims, liabilities, damages, or losses made against it by tenants or occupants of any property, including without limitation claims for relocation assistance, inverse condemnation, and claims otherwise arising from any act or omission of Subrecipient pursuant to the provision of relocation assistance. 7. Allowable Costs and Audits. Subrecipient shall comply with and administer the Program in accordance with the requirements of The Office of Management and Budget (OMB)”Super Circular” 2 CFR Part 200, which includes the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal awards, as applicable. 8. Records and Reports. Subrecipient shall provide to Grantee and shall cause each of its contractors, subcontractors, and subrecipients to provide to Grantee all records and reports relating to the Program that may be reasonably requested by Grantee in order to enable it to perform its record keeping and reporting obligations pursuant to the CDBG Requirements, including but not limited to those described in the Agreement and 24 C.F.R. § 570.506. 9. Religious Organizations. If Subrecipient is a religious organization as defined by the CDBG Requirements, Subrecipient shall comply with all conditions prescribed by HUD DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “A” PAGE 5 of 13 for the use of CDBG Funds by religious organizations, including the First Amendment of the United States Constitution regarding church/state principles and the applicable constitutional prohibitions set forth in 24 C.F.R. § 570.200(j). 10. Conflict of Interest. Subrecipient will comply with 24 C.F.R. §§ 84.42, 85.36 and 570.611 regarding the avoidance of conflict of interest, which provisions include (but are not limited to) the following: i. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. ii. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. iii. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 11. Political Activity (24 C.F.R. § 570.207(a)(3)). Subrecipient is prohibited from using CDBG Funds to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as sponsoring candidate forums, distributing brochures, voter transportation, or voter registration. 12. Anti-Lobbying Certification. By its execution of the Agreement, Subrecipient hereby certifies that: i. 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. ii. 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 DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “A” PAGE 6 of 13 cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. iii. It will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. At the request of Grantee, Subrecipient shall execute a separate document that contains the certifications set forth above. 13. Drug-Free Workplace Requirements. Subrecipient shall comply with and be subject to the requirements of the federal drug-free workplace requirements, which include the following actions be taken: i. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition. ii. Establishing an ongoing drug-free awareness program to inform employees about: (a) the dangers of drug abuse in the work place; (b) the grantee’s policy of maintaining a drug-free workplace; (c) any available drug counseling, rehabilitation, and employee assistance programs; and (d) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. iii. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i). iv. Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. v. Notifying the agency in writing, within ten (10) calendar days after receiving notice under sub-paragraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “A” PAGE 7 of 13 vi. Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted: (a) taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. vii. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v), and (vi). 14. Procurement. Subrecipient will comply with the procurement standards under 24 C.F.R. § 85.36 for governmental subrecipients and 24 C.F.R. §§ 84.40-84.48 for subrecipients that are non-profit organizations. Subrecipient shall comply with all existing and future Grantee policies concerning the purchase of equipment. 15. Labor Provisions. a. Section 3 of the Housing and Community Development Act of 1968. Subrecipient shall comply with and cause its contractors and subcontractors to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u), the HUD regulations issued pursuant thereto at 24 C.F.R. Part 135, and any applicable rules and orders of HUD issued thereunder. The Section 3 clause, set forth in 24 C.F.R § 135.38 provides: i. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (“Section 3”). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. ii. The parties to this contract agree to comply with HUD’s regulations in 24 C.F.R. 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. iii. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “A” PAGE 8 of 13 name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. iv. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. 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 C.F.R. 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 C.F.R. Part 135. v. 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 C.F.R. Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 C.F.R. Part 135. vi. Noncompliance with HUD’s regulations in 24 C.F.R Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Subrecipient shall abide by the Section 3 clause set forth above and will also cause this Section 3 clause to be inserted in all contracts relating to the Program. b. Labor Standards. Subrecipient shall comply with the provisions of 24 C.F.R. § 570.603 and related requirements. Subrecipient shall include in all applicable construction contracts the provisions of federal law imposing labor standards on federally assisted contracts. Subrecipient shall comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended (40 U.S.C. 3141 through 3148), the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq. and implementing regulations), the Copeland Anti-Kick Back Act (40 U.S.C. 276c and 18 U.S.C. 874 et seq.), the implementing regulations of the U.S. Department of Labor including 29 C.F.R. Parts 1, 3, 5, 6 and 7, and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of the Agreement. Subrecipient shall maintain documentation that demonstrates compliance with these provisions and such documentation shall be made available to Grantee and HUD for review upon request. Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. c. HUD Form 4010. Subrecipient shall comply and cause Subrecipient Personnel to comply with the provisions of HUD Form 4010 attached hereto. HUD Form 4010 must be included in the bid packet and construction contract and subcontracts for the Program. DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “A” PAGE 9 of 13 DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “A” PAGE 10 of 13 DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “A” PAGE 11 of 13 DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “A” PAGE 12 of 13 DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “A” PAGE 13 of 13 DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “B” PAGE 1 of 3 EXHIBIT B SUBAWARD IDENTIFICATION NOTICE DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “B” PAGE 2 of 3 City of Menifee Finance Department Federal Award Identification Notice i. Subrecipient Name: ASSISTANCE LEAGUE OF TEMECULA VALLEY ii. Subrecipient’s Unique Entity Identifier (DUNS): 868952920 iii. Federal Award Identification Number (FAIN): B-21-MC-06-0604 iv. Federal Award Date: July 1, 2020 v. Subaward Period of Performance: July 1, 2020 through June 30, 2021 vi. Amount of Federal Funds ($) Obligated by this action by the pass through entity to the to the subrecipient: $10,000.00 vii. Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current obligation: $10,000.00 viii. Total Amount of Federal Award committed to the subrecipient by the pass through entity: $10,000.00 ix. Federal Award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): Community Development Block Grant Program (CDBG) Entitlement (CFDA #14- 218) City of Menifee CDBG Public Services. Specifically this program/project will entail the: Operation School Bell which assists needy students from Low and Moderate Income (“LMI”) families in grades kindergarten through eighth (8th) grade by providing them new school clothing at the beginning of the school year (“Services”). The students are taken to a local retail store to receive school appropriate clothing totaling $125. Services will be provided to at least eighty (80) LMI persons. x. Name of the Federal Awarding agency, pass through entity, and contact information for the awarding official of the Pass through entity: Federal Awarding Agency – U.S. Department of Housing & Urban Development (HUD) DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 2762/031858-0001 12965474.1 a11/23/20 EXHIBIT “B” PAGE 3 of 3 Pass through Entity: City of Menifee, CA Awarding Official: Armando Villa, City Manager Phone: (951) 672-6777 xi. CFDA Number and Name: 14.218 (Community Development Block Grant/Entitlement Grants xii. Identification of whether the award is R&D: No xiii. Indirect cost rate for the federal award (including if the de minimus rate is charged per 200.414 Indirect F&A costs: $0/De Minimus DocuSign Envelope ID: 6065905F-3CB0-49D9-BED4-0DBCDCF84427DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 From: Margarita Cornejo [mcornejo@cityofmenifee.us] To: Edna Aguilar [eaguilar@cityofmenifee.us] Subject: FW: Agreement Review Request: CDBG (20/21) Subrecipient Agreements Sent: Thu 1/21/2021 11:26 AM GMT-08:00 Importance: Normal Margarita Cornejo | Financial Services Manager Finance Department City of Menifee | 29844 Haun Road | Menifee, CA 92586 (*Please note our new location!) Direct: (951) 723-3716 | City Hall: (951) 672-6777 | Fax: (951) 679-2568 mcornejo@cityofmenifee.us <mailto:mcornejo@cityofmenifee.us> From: Margarita Cornejo Sent: Thursday, January 21, 2021 11:25 AM To: Jeffery T. Melching <jmelching@rutan.com> Subject: Agreement Review Request: CDBG (20/21) Subrecipient Agreements Good Morning Jeff, Attached for your review are the proposed Subrecipient Agreements for the 20/21 CDBG program. These are based the existing template used every year. This agreement request is from the City’s Community Development Department (CDBG) Can you please review and advise if this is ok to start routing for signatures or will require any changes? Thank you! Margarita Cornejo | Financial Services Manager Finance Department City of Menifee | 29844 Haun Road | Menifee, CA 92586 (*Please note our new location!) Direct: (951) 723-3716 | City Hall: (951) 672-6777 | Fax: (951) 679-2568 mcornejo@cityofmenifee.us <mailto:mcornejo@cityofmenifee.us> DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 <https://cityofmenifee.us/430/State-of-the-City> Connect with us on social media: <https://www.facebook.com/cityofmenifeeus/> | <https://twitter.com/cityofmenifee?lang=en> | <https://www.instagram.com/cityofmenifee.cityhall/?hl=en> | <https://www.linkedin.com/in/city-of-menifee/> *Please note that email correspondence with the City of Menifee, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. The City of Menifee shall not be responsible for any claims, losses or damages resulting from the use of digital data that may be contained in this email. DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 01/21/2021City of Menifee1 8:30AMPage:expstat.rptExpenditure Status Report7/1/2020 through 6/30/2021Periods: 0 through 14CDBG Grant481Account NumberAdjustedAppropriationExpendituresYear-to-date ExpendituresYear-to-date EncumbrancesBalancePrct Used481-2021 CDBG FY 20/2178,340.00 0.00 0.00 0.00481-2021-58044 Public Services (CDBG)0.00 78,340.00Total CDBG Grant78,340.00 0.00 0.00 0.00 78,340.00 0.00Grand Total78,340.00 0.00 0.00 0.000.00 78,340.001Page:DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, April 15, 2020 Page 8 of 12 RESULT: Adopted [Unanimous] MOVER: Matt Liesemeyer SECONDER: Dean Deines AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 10.17. DBX, Inc. Agreement, CIP 20-06 and CIP 20-07 Councilmember Sobek asked about timing of the project. Mr. Smith stated it should be completed by January 2021. ACTION 1. Awarded bid and executed agreement with DBX, Inc. for CIP 20-06 and CIP 20-07 which includes the construction / installation of new traffic signals at the intersections of Menifee Road /Holland Road and Menifee Road/Camino Cristal in the amount of $930,898; and 2. Authorized the City Engineer to execute change orders(s) for unanticipated expenditures required to execute project construction, in an amount not-to-exceed 10% of the contract amount or $93,090.00. RESULT: Adopted [Unanimous] MOVER: Lesa Sobek SECONDER: Matt Liesemeyer AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 11. PUBLIC HEARING ITEMS 11.1. 2020/2021 Community Development Block Grant Annual Action Plan City Manager Armando Villa introduced Senior Management Analyst Edna Lebron. Ms. Lebron reported on the overview of the Community Development Block Grant (CDBG) Annual Action Plan, 2017-2021 Menifee Consolidated Plan, funding breakdown, and staff recommendation. Mayor Zimmerman stated he serves of the Board for Menifee Boys and Girls Club and would abstain from voting. Mayor Zimmerman opened the public hearing at 7:44 p.m. City Clerk Sarah Manwaring stated the public hearing was legally noticed and there was no correspondence received. Dawn Smith with the Menifee Valley Community Cupboard thanked the City Council for their support and the importance of CDBG funding. Mayor Zimmerman closed the public hearing at 7:46 p.m. ACTION 1. Conducted a Public Hearing for the City’s Community Development Block Grant (CDBG) Program 2020/2021 Annual Action Plan. 2. Adopted Resolution No. 20-882 approving the 2020/2021 Annual Action Plan. 9.1 Packet Pg. 15 Minutes Acceptance: Minutes of Apr 15, 2020 6:00 PM (APPROVAL OF MINUTES)DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, April 15, 2020 Page 9 of 12 RESULT: Adopted [Unanimous] MOVER: Lesa Sobek SECONDER: Dean Deines AYES: August, Sobek, Liesemeyer, Deines ABSTAIN: Zimmerman 11.2. Tentative Tract Map No. 2018-065 (TR37400) City Manager Armando Villa introduced Senior Planner Tamara Harrison to present the item. Ms. Harrison reported on the project description, project location, general plan and zoning, access and design, landscape, concept park plan, monument signage, walls and fencing, improvements to Barnett Road and Patricia Lane, Commission recommendation, and environmental determination. Ms. Harrison noted staff received a comment from an unidentified caller with concerns about Barnett Road and housing development. Councilmember Deines inquired about the improvements on Barnett Road and the entrance to the community. City Engineer/Public Works Director Jonathan Smith reported on the road improvements and access to the entrance of the community. Mayor Pro Tem Liesemeyer noted the Conditions of Approvals for the proposed road improvements. Mayor Pro Tem Liesemeyer asked staff about the proposed 1.23-acre park and Quimby fees. Ms. Harrison stated the park would stay an HOA park due to the size not meeting City standards. Councilmember Sobek asked if it would be an age-restricted community. Ms. Harrison stated it was not. Mayor Zimmerman opened the public hearing at 8:00 p.m. City Clerk Sarah Manwaring stated the public hearing was legally noticed and no correspondence had been received. Phil Jones, agent for applicant stated this was the resubmittal of an existing map that had expired. Mayor Zimmerman closed the public hearing at 8:03 p.m. Councilmember Deines inquired about community outreach. Mr. Jones stated they had spoken to residents at the Planning Commission Meeting and that was all the outreach they did. Councilmember Deines suggested it would be a good idea for them to reach out to the home owners association. Mr. Jones agreed. The Council thanked Mr. Jones for the applicant’s willingness to complete the road improvements and contribution of Quimby Fees. ACTION 1. Conducted a Public Hearing. 2. Adopted Resolution No. 20-883, adopting a Mitigated Negative Declaration for Tentative Tract Map No. 2018-065 (TR37400) based on the findings incorporated in the Initial Study and the conclusion that the project will not have a significant 9.1 Packet Pg. 16 Minutes Acceptance: Minutes of Apr 15, 2020 6:00 PM (APPROVAL OF MINUTES)DocuSign Envelope ID: 3E3C62CF-B04A-4D56-B0C8-72BB11F66DD4