Agenda — Jurupa Valley City Council, June 1, 2023 (part 2 of 2)

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STAFF REPORT
DATE: JUNE 1, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 13.G

AWARD OF PUBLIC SERVICE GRANT APPLICANTS WITH

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS

RECOMMENDATION
1) That the City Council approve the Agreement between the City of Jurupa Valley and Path of Life Ministries for Homelessness Services for an amount not to exceed $143,759 and authorize the City Manager to execute the Agreement in substantially the form and format attached and a s approved by the City Attorney.
2) That the City Council approve the Agreement between the City of Jurupa Valley and Family Service Association for the Senior Nutrition Program for an amount not to exceed $ 20,000 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
On an annual basis, the City of Jurupa Valley administers a Public Service Grant application process. The purpose of this process is to help the City determine which non- profit social service organization (s) will receive Public Service Grants. Public Service Grants are funded through the City’s annual Community De velopment Block Grant (CDBG) allocation.

The Community Development Advisory Committee (CDAC) was established by the City Council to administer the Public Service Grant (PSG) selection process. The selection process requires social service organizations to submit a detailed grant application. The grant application is subject to a technical review from City staff and a policy -focused review by the CDAC. PSG applicants are invited to CDAC meetings to present their grant request and facilitate a question and answer process. After the presentation, the CDAC

RETURN TO AGENDA

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assigns a score and a recommended funding allocation for each selected applicant. The funding allocations are then forwarded to the City Council for final approval.

On April 20, 2023, Staff presented the CDAC recommendations to the Ci ty Council and on April 20, 2023, the City Council hosted a public hearing regarding t he acceptance of the City’s 2023 -24 Annual Action Plan. The 2023 -24 Annual Action Plan provided a budget of $143,759.00 for homelessness services funding and $20,000.00 in funding for a senior nutrition program. At the conclusion of the public hearing, the City Council formally approved the 2023-24 Annual Action Plan via Resolution No. 2023-24.

ANALYSIS

This year t he PSG application document was published on January 3 , 20 23. The application document notified potent ial grantees that approximately $165,000.00 was available for the 2023-24 CDBG program year. On January 31, 2023, the City received three proposals to provide PSG-eligible services.

City Staff performed an initial analysis of the PSG applications with the assistance of the City’s CDBG consultants from GRC Associates, Inc. (GRC). The CDBG pro gram is governed by Federal law a nd regulations administered by HUD. The compliance requirements associated with the CDBG program are notoriously onerous. As such, City Staff and GRC performed an initial technical review to measure the ability of each PS G applicant to comply with the rules and reporting requirements of the CDBG program.

In the event that a PSG applicant is awarded CDBG funds but fails to provide the documentation to the City as required by HUD, the City may be held liable and could be subject to a comprehensive audit and potential enforcement action. While the PSG portion of the CDBG allocation is only 15% of the City’s total CDBG budget, a non - compliant PSG recipient could put the entirety of the program at risk.

On April 20, 2023, the City Council approved two applicants. The first applicant was Path of Life Ministries, Inc. (Path of Life) to provide homelessness outreach, homelessness prevention, case management, and emergency shelter services in the amount of $143,759. The second applicant was the Family Service Association (FSA) to provide a senior nutrition program in the amount of $20,000 . The City funded each of these organizations for the 2019-20, 2020-21, 2021-22, and 2022-23 CDBG program years. In general, each organization submitted an application that largely mirrored the programs that they provided during the above mentioned CDBG program years.

Path of Life: CDBG Allocation

Path of Life provides a holistic approach to homelessness that includes three (3) major service areas: (1) homelessness prevention; (2) outreach; and (3) mitigation.

(1) Homelessness Prevention – Path of Life administers a program that provides short- term financial assistance to persons on the verge of homelessness. Services typically

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include short-term rental assistance, utility bill assistance, and financial counseling. In many cases, Jurupa Valley residents experiencing a financial disruption only need short- term help to “get back on their feet” financially after a sudden disruption in their financial situation (automobile accident, serious illness, job loss, etc.). The rationality of the homelessness prevention approach is that i t is easier to reduce homelessness before it happens. For the 2021-22 CDBG program year, the homelessness prevention program was augmented with the CDBG -CV3 funds that Path of Life received for the Rental Assistance Program.

(2) Homelessness Outreach – Path of Life staff provide an outreach service that engages homeless individuals in Jurupa Valley. This is an important service offering because it enables the City and Path of Life to generate critical data that is used to formulate a citywide strategy to mitigate homelessnes s. This approach also builds trust between homeless persons and Path of Life – a necessity in encouraging homeless persons to accept the services being offered by Path of Life, which are paid for by the City’s CDBG funds.

Path of Life staff have become increasingly integrated into the City’s day -to-day operations. Code e nforcement complaints invo lving homelessness now generate a holistic response that includes a Path of Life staff member. Path of Life staff often accompany code enforcement officers and are able to offer services to homeless persons involved in possible code violations.

(3) Homelessness Shelter & Mitigation – Path of Life administers a corporate campus in the City of Riverside that provides an array of homelessness mitigation services. As part of the proposed agreement with Path of Life, homeless persons from Jurupa Valley are guaranteed bed space at the Path of Life homeless shelter. As a homeless person moves through the intake process at the Path of Life campus, they are offered a variety of services that include, but are not limited to, employment opportunities and interview coaching, free meals, mental health counseling, and substance abuse treatment programs. The proposed agreement with Path of Life guarantees at least four (4) beds per night for Jurupa Valley residents experiencing homelessness in Jurupa Valley. The proposed agreement also includes funds to extend the leases for apartments by three months and to cover the costs of transporting homeless individuals to and from the Path of Life shelter in the City of Riverside.

Family Service Association: CDBG Allocation

FSA’s Senior Nutrition Program provides nutritionally balanced meals to seniors (over 62 years in age) at the Eddie D . Smith Senior Center. A registered dietician participates in the meal preparation process to maxi mize the quality of each meal. The provision of balanced and nutrient rich meals helps mitigate the development of serious health issues.

The recommended $20,000 allocation will result in the FSA cont inuing to provide nutritious meals to our senior community.

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FINANCIAL IMPACT

The 2023-24 Annual Action Plan provided a $163,759.00 budget for Public Service Grants. The services described in the attached Agreement with Path of Life Ministries and the Family Service Association are reimbursable to the City through the City’s 2023- 24 CDBG allocation.

ALTERNATIVES

1. Do not approve the Agreement with Path of Life Ministries.

2. Do not approve the Agreement with Family Service Association.

3. Provide alternate direction to Staff.

************************** SIGNATURES ON FOLLOWING PAGE **************************

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COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF JURUPA
VALLEY AND PATH OF LIFE MINISTRIES, INC.
(Homelessness Services)
THIS AGREEMENT is made and entered into as of July 1, 2023, by and between the CITY OF JURUPA VALLEY, a California municipal corporation ( “City”) and PATH OF LIFE MINISTRIES, INC., a California non-profit corporation (“Subrecipient”). In consideration of the mutual covenants set forth herein, and the mutual benefits to be derived there from, City and Subrecipient agree as follows:

1. RECITALS. The parties hereto agree that this Agreement is made with respect to the following purposes:

1.1 The City has applied for and been approved for grant funds from the United States Department of Housing and Urban Development ( “HUD”) for City’s fiscal year 2023- 24 Community Development Block Grant ( “CDBG”), Catalog of Federal Domestic Assistance (“CFDA”) No. 14.218, Program and will administer/monitor the distribution of said funds.

1.2 The Subrecipient h as submitted its proposal to the Community & Economic Development Department, Development Division to receive funding from the City’s fiscal year 2023-24 CDBG Program, pursuant to the Housing and Community Development Act of 1974, as amended.

1.3 The Federal Accounting and Transparency A ct of 2006 ( “the Act ”) became effective on October 1, 2010, and requires all CDBG grant recipients to include specific provisions in their grant agreements that are identified in Section 11.8 below.

1.4 Subrecipient agrees and understands that the Act requires additional reporting requirements, which includes providing information regarding the total compensation and names for the top five highest paid executives of its agency. Further, Subreci pient is referred to as the “Contractor” in Section 11.8 below.

2. SCOPE OF SERVICES. Subrecipient shall provide Homeless Services Program services, as more particularly described in Exhibit “A” , entitled Scope of Services ( “Services”), and Exhibit “B” , entitled Budget ( “Budget”), attached and incorporated by reference, in accordance with this Agreement.

3. TERM. The term of this Agreement shall be from July 1, 2023, to June 30, 2024, except that this Agreement shall remain in eff ect during any period that S ubrecipient has control over CDBG funds, including program income.

4. COMPENSATION/PAYMENT. Subrecipient shall fully perform the Services to be provided under this Agreement for a total sum not to exceed one -hundred and fifty t housand dollars ($143,759.00). Payment shall be made purs uant to the Budget and Section 10.6 of this Agreement. Invoices submitted by Subrecipient shall be delivered to C ity in accordance with Section 5.
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5. NOTICES. Any notices, invoices , or payments provided for, or required, to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified, and postage prepaid, addressed to the party to be served as follows:

City
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Subrecipient
Path of Life Ministries, Inc
P.O. Box 1445
Riverside, CA 92502

6. AVAILABILITY OF FUNDS/AUTHORIZATION. The City’s allocation of funding to Subrecipient pursuant to this Agreement is contingent upon the availability to the City of CDBG funds and continued authorization for program activities by HUD, and is subject to amendment or termination due to lack of funds or authorization in accordance with Section 10.15.

This Agreement is subject to wr itten modification or termination as necessary by City in accordance with requirements of future CDBG amendments, regulations or City policy. In addition, this Agreement may be amended or terminated as provided in Sections 9.5 and 9.6 of this Agreement.

7. EFFECTIVE DATE. This Agreement, following its execution by City and Subrecipient, shall not become effective until such time as the City Manager, or his or her designee:
submits to Subrecipient written notice that: (1) The City Manager , or his or her designee, has determined and verified, in his or her sole discretion, that Subrecipient is an eligible s ubrecipient (“Eligible Subrecipient”) as defined in Title 24, Code of Federal Regulations section 570.204(c) ; and (2) the allocation and availability of funds as described in Section 6 has occurred. Subrecipient represents and warrants that once recognized as an Eligible Subrecipient, it will take any and all necessary actions to remain an Eligible Subrecipient. Further, in this regard, in the event Subrecipient no longer qualifies as an Eligible Subrecipient, it shall forthwith notify City in writing of such lapse of qualification.

8. COMPLIANCE. By executing this Agreement, the Subrecipient hereby certifies that it will adhere to and comply with the same obligations to the City that the City has undertaken with HUD pursuant to its application and certifications for CDBG funds, including, but not limited to, the following, as they may be applicable to Subrecipient pursuant to the U.S. Housing and Community Development Act of 1974, as amended:

A. The Housing and Community Development Act of 1974, as amended, and legislative changes contained in the Housing and Urban- Rural Recovery Act of 1983, and the Housing and Community Development Act of 1987;
B. Regulations of the Department of Housing and Urban Development relating to CDBG, including all Federal laws and regulations described in subpart K of 24 CFR Part 570, except that:
(1) Subrecipient does not assume City’s responsibility for initiating the review process under the provisions of 24 CFR part 52; and -3-
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(2) Subrecipient does not assume City’s environmental responsibilities; C. Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) and implementing regulations issued at 24 CFR Part 1; Title VIII of the Civil R ights Act of 1968 (P.L. 90- 284) as amended; Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued pursuant thereto; Section 3 of the Housing and Urban Development Act of 1968, as amended; Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations at 41 CFR Chapter 60; Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; D. Section 504 of the Rehabilitation Act of 1973 (P.L. 93- 112), as amended, and implementing regulations;
E. The Age Discrimination Act of 1975 (P.L. 94- 135), as amended, and implementing regulations;
F. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42;
G. The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; H. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention control and abatement of water pollution; I. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234);
J. The regulations, policies, guidelines and requirements of 2 CFR Part 200 as they relate to the acceptance and use of federal funds under the federally-assisted program; K. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4821 et seq.), the Residential Lead-Based Paint Hazard Act of 1992 (42 U.S.C. § 4851-4956) and the regulations of 24 CFR Part 35; and safety regulations; and
L. The Federal Accounting and T ransparency Act of 2006, P.L. 109- 282, as amended by Section 6202(a) of P.L. 110-252.

Copies of some of the foregoing Policies and Regulations are attached hereto as Exhibit “C”.

9. GENERAL CONDITIONS.

9.1 Subrecipient as Independent Contractor . Subrecipient, information is attached in Exhibit “D” . In the performance of this Agreement, Subrecipient, and Subrecipient ’s employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City. Subrecipient acknowledges and agrees -4-
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that the City has no obligation to pay or withhold state or federal taxes or to provide workers ’ compensation or unemployment insurance to Subrecipient, or to Subrecipient ’s employees, subcontractors and agents. Subrecipient, as an independent contractor, shall be responsible for any and all taxes that apply to Subrecipient as an employer.

9.2 Indemnity.

A. Except as to the sole negligen ce or willful misconduct of the City, Subrecipient shall defend, indemnify, and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys’ fees, which arises out of or is in any way connected with the performance of work under this Agreement by Subrecipient or any of its employe es, agents or subcontractors and from all claims by Subrecipient ’s employees, subcontractors and agents for compensation for services rendered to Subrecipient in the performance of this Agreement, notwithstanding that the City may have benefitted from thei r services. This indemnification provision shall apply to any acts or omissions, willful misconduct , or negligent conduct, whether active or passive, on the part of Subrecipient or of Subrecipient’s employees, subcontractors, or agents. Subrecipient understands and agrees that it shall defend the City from any claim even if it appears to be without merit.

B. Subrecipient shall also defend, indemnify and hold City harmless from any loss, damage or attorneys ’ fees incurred because of any claim by any person or entity, including HUD, because Subrecipient has failed to meet any CDBG requirements.

C. The parties also expressly agree that any payment, attorneys’ fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the City’s self- administered workers’ compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement.

9.3 Insurance.

A. General Provisions . Prior to the City’s execution of this Agreement, Subrecipient shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating a nd required insurance policies and coverages may be modified in writing by the City Manager, or his or her designee, unless such modification is prohibited by law.

B. Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Subrecipient’s indemnification obligations under Section 9.2 hereof.

C. Ratings. Any insurance policy or coverage provided by Subrecipient or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder ’s rating of A or higher and a Financial Class of VII or higher.

D. Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
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E. Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Subrecipient pursuant to this Agreement are adequate to protect Subrecipient. If Subrecipient believes that any required insurance coverage is inadequate, Subrecipient will obtain such additional insurance co verage as Subrecipient deems adequate, at Subrecipient’s sole expense.

F. Workers’ Compensation Insurance: By executing this Agreement, Subrecipient represents that Subrecipient is aware of and will comply with Section 3700 of the Labor Code of the State of C alifornia requiring every employer to be insured against liability for workers’ compensation, or to undertake self -insurance before commencing any of the work.

Subrecipient shall carry the insurance or provide for self -insurance required by California law to protect said Subrecipient from claims under the Workers ’ Compensation Act. Prior to City ’s execution of this Agreement, Subrecipien t shall file with City either (i) a certificate of insurance showing that such insurance is in effect, or that Subrecipient is self -insured for such coverage, or (ii) a certified statement that Subrecipient has no employees, and acknowledging that if Subrecipient does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given at least ten (10) days prior written notice before modification or cancellation thereof.

G. Commercial General Liability . Prior to City ’s execution of this Agreement, Subrecipient shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance as required to insure Subrecipient against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Subrecipient. The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient’s insurance policies.
(1) Subrecipient’s commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products completed operations liability, independent contractor ’s liability, personal injury liability, and contractual liability) in an amount not less than one million dollars ($1,000,000) per occurrence and a general aggregate limit in the amount of not less than two million dollars ($2,000,000).
(2) Prior to City ’s execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees, and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:

It is agreed that the City of Jurupa Valley, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Jurupa Valley. -6-
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H. Subcontractors’ Insu rance. Subrecipient shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, which may be caused by the subcontractors ’ scope of work and activities provided in furtherance of this Agreement, including, without limitation, the following coverages: Workers ’ Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability.

Upon City’s request, Subrecipient shall provide City with satisfactory evidence that subcontractors have obtained insurance policies and coverages required by this section.

I. Commercial Automobile Insurance. Subrecipient is required to provide commercial automobile liability insurance for this Agreement with the exception being those Subrecipients that do not require the use of an automobile to meet program requirements as detailed in the Scope of Work.
(1) Subrecipients that require the use of an automobile or must drive to meet program requirements in the Scope of Work must submit insurance certificates acceptable to City that meet the following requirement(s):
(2) Subrecipient’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than one million dollars ($1,000,000) per occurrence and an aggregate limit of not less than one million dollars ( $1,000,000). All of Subrecipient’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Subrecipient ’s performance of this Agreement, which vehicles shall include, but are not limited to, Subrecipient owned vehicles, Subrecipient leased vehicles, Subrecipient’s employee vehicles, non-Subrecipient owned vehicles and hired vehicles. (3) The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient’s automobile insurance policy.

J. All insurance deductibles shall not exceed twenty -five thousand dollars ($25,000) unless the City Manager approves in writing another deductible amount prior to commencement of work.

9.4 Recognition of City. Subrecipient shall ensure recognition of the City in providing funding for the Services provided by this Agreement. All activities, facilities, items and publications utilized or made possible pursuant to this Agreement shall indicate the funding source.

9.5 Amendment. In addition to the City’s right to modify pursuant to Section 6 of the Agreement, this Agreement may only be modified by written agreement between City and Subrecipient.

9.6 Termination. In addition to the City’s right to terminate pursuant to Section 6 of this Agreement, this Agreement may be terminated at any time by either party upon giving thirty (30) day notice in writing to the other party. The City Manager, or his or her designee, is hereby empowered to give said notice, subject to ratification by the City Council. Further, the City may immediately terminate this Agreement upon the termination, suspension, discontinuation, or substantial reduction in Grant funding for the Agreement activity. Further, and not withstanding any other provision of this Agreement, if Subrecipient materially fails to comply with any term of this Agreement, or the award that is the subject of this Agreement, whether stated in a Federal -7-
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statute or regulation, an assurance, in a State plan or obligation, a notice of award, or elsewhere, the awarding agency or City may take any one or more of the following actions, as appropriate in the circumstances:

A. Temporarily withhold cash payments pending cor rection of the deficiency by the Subrecipient or more severe enforcement action by the awarding agency; B. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; C. Wholly or partly suspend or terminate the current award for the City’s or Subrecipient’s program;
D. Withhold further awards for the program; or
E. Take other remedies that may be legally available.

Further, and notwithstanding any other provision of this Agreement, the award may be terminated for convenience in accordance with 2 CFR Part 200.

9.7 Costs Following Termination. Costs of Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of this Agreement are not allowable unless City expressly authorizes them in the Notice of Suspension or Termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowed if (i ) the costs resulted from obligations whi ch were properly incurred by the Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termina tion, are noncancellable; and (ii ) the costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect.

9.8 Extensions. This Agreement, and all of its terms and conditions, may be extended upon the written request of Subrecipient to the City, setting forth the reasons for such request and upon written consent of the City Manager, or a designee, upon a determination that the extension is in the best interest of the City and Subrecipient in performing Services under this Agreement.

This Agreement may be extended for one fiscal year in the sole discretion of the City Manager, at which time this Agreement shall automatically terminate. Extensions shall be requested in writing from the City Manager at least sixty (60) days prior to the termination of the Agreement, unless the City Manager, in his or her sole discretion, agrees in writing to shorten the time in which an extension may be requested.

10. ADMINISTRATIVE REQUIREMENTS.

10.1 Revenue Disclosure Requirement.

A. Revenue Disclosure Requirement. Subrecipient certifies that it has previously filed with the City a wr itten statement listing all revenue received, or expected to be received, by Subrecipient from Federal, State, City, County, and from other governmental agencies, and applied or expected to offset, in whole or in part, any of the costs incurred by -8-
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Subrecipient in conducting current or prospective projects, programs, or business activities, including, but not limited to the project, program, or business activity which is the subject of this Agreement. Such statement shall reflect the name and a description o f such project, program, or business activity, the dollar amount of funding provided, or to be provided, by each and every governmental agency to each such project, program, or business activity, and the full name and address of such governmental agency.

B. For those projects, programs, and business activities in which there are sources of funds from the private sector in addition to Grant funds, Subrecipient shall provide proof of such funding. City shall not pay for any services provided by Subrecipient whic h are funded by other sources. All restrictions and/or requirements provided in this Agreement relative to accounting, budgeting, and reporting, apply to the total project, program, or business activity regardless of funding sources.

10.2 Use of Grant Funds. Except as otherwise limited by this Agreement, Grant funds shall be used exclusively to implement the project, program, business activity, and carry- out the Services. Grant funds shall not be used as security or to guarantee payments for any non-program obligations, nor as loans for non- program activities. All bank accounts for Subrecipient shall be non-interest bearing and Subrecipient agrees that it shall not use Grant funds to pay for entertainment, meals, or gifts.

10.3 Annual Budget. The Subrecipient hereby certifies and agrees that the Grant funds received shall be used exclusively as described in the Budget . Subrecipient shall not make expenditures that deviate from the Budget without prior written approval of the City Manager, or his or her Designee. City may approve Budget modifications to this Agreement for the movement of funds within the budget categories when such modifications: (i) do not exceed ten thousand dollars ($10,000) per budget cost category; (ii) are specifically requested by City; (iii) do not alter the amount of compensation subject to or under this Agreement; (iv) will not change the project, program, or business activity goals or scope of services; (v) are in the best interests of City and Subrecipient in performing the scope of services under this Agreement; and ( vi) are related to salaries, are in accordance with applicable salary ordinances or law.

10.4 Property and Equipment.

A. Non-Expendable Property or Equipment . Subrecipient shall maintain a record for each item of non-expendable property or equipment acquired for this project, program, or business activity with Grant funds. This record shall be provided to City as well as being available for inspection and audit upon reasona ble notice by the City at the request of City. Non- expendable property or equipment means tangible personal property having a useful life of more than one (1) year and acquisition cost which equals or exceeds the lesser of: (i) the capitalization level established by the organization for the financial statement purposes; or (ii) Five Thousand Dollars ($5,000) or more per unit.

B. Approval. Subrecipient shall not purchase or agree to purchase non - expendable property and/or equipment without the prior written approval from the City Manager, or his or her Designee. Upon completion or early termination of this Agreement, City reserves the right to determine the final disposition of said non- expendable property acquired for this project, -9-
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program, or business activity and Grant funds in compliance with applicable laws and regulations.

Said disposition may include, but is not limited to, City taking possession of said non-expendable property and/or equipment.

C. Expendable Personal Property. Expendable personal property refers to all tangible personal property other than non- expendable personal property. Subrecipient shall not purchase or agree to purchase expendable personal property with a unit value of Five Thousand Dollars ($5,000) or more per unit without the prior written approval of the City Manager, or his or her Designee.

D. Purchase or Lease of Non -Expendable Property or Equipment .

Subrecipient shall obtain three documented bids prior to purchasing or leasing any non-expendable personal property or equipment over Five Thousand Dollars ($5,000) in unit value as approved in the Budget. Subrecipient shall purchase or lease from the lowest responsive bidder. All equipment that has a purchase or lease price of over Five Thousand Dollars ($5,000) in unit value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price, deducting all cash discounts, rebates and allowances received by Subrecipient. This inventory shall be provided to City as well as being available for inspection and audit upon reasonable notice by the City at the request of City.

E. Acquisition of Supplies and Equipment . Following approval by City Manager for necessary supplies and equipment for Agreement performance, Subrecipient may purchase from a related agency/organization only if: (i) prior authorization is obtained in writing from City; (ii) no more than charges for reimbursement costs are made and no less than minimum specifications are met as provided in writing by City Manager; and (iii) a community related benefit is derived from such Subrecipient or its employees, agents or officers.

F. Purchase and Invoice Deadlines. Purchase of equipment and property, other than supplies, shall be completed before the first day of the last thre e (3) months of the Agreement period and all equipment bills are to be paid before the first day of the last two (2) months of this period. No property or equipment, other than supplies, may be purchased during the final three (3) months of the Agreement. Subrecipient shall complete all purchases of supplies before the last two (2) months of the Agreement and shall pay all supply bills before the final month of the Agreement. Invoices, which have not been received by the City within thirty (30) days after the Agreement termination date, shall not be honored. Exceptions to these limitations require prior written approval by the City Manager.

10.5 Changes in Grant Allocation . City reserves the right to reduce the grant allocation when City ’s fiscal monitoring indicates that Subrecipient ’s rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with Subrecipient. Such changes shall be incorporated into this Agreement by written amendments.

10.6 Costs and Method of Payment.

A. Invoicing. The City shall pay to the Subrecipient the Grant amount specified in Section 4 of this Agreement above on a reimbursable basis for all approved costs. The -10-
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Subrecipient shall submit not more often than monthly to the authorized representatives of the City, a certified statement setting forth in detail the expenditures made for which it is asking reimbursement along with supporting documentation which specifically states how funds were expended. At City’s discretion and in accordance with HUD regulations, said documentation may include, but will not be limited to, cancelled checks, invoices, receipts, payroll logs and employee time sheets.

B. Reimbursement. The City shall promptly review the monthly expenditure statement and supporting documentation and reimburse the Subrecipient for approved costs in accordance with its usual accounting procedures, but in no event later than thirty (30) days. The City may require additional information from Subrecipient as may be necessary and appropriate for the City to make its determination as to allowable costs.

10.7 Program Income.

A. The term “ program income ” means any gross income received by the Subrecipient that is directly generated from the use of Grant funds (24 CFR § 570.500(a)). Program income includes, but is not limited to, the following: (i) proceeds from the disposition by sale or long-term lease of rental property purchased or improved with Grant funds; (ii) proceeds from the disposition of equipment purchased with Grant funds; (iii) gross income from the use or rental of real or personal property acquired with Grant funds, less the costs incidental to the generation of the income, pending the disposition or use for which the property was acquired; (iv) gross income from the use or rental of real property owned by Subrecipient that was constructed or improved with Grant funds, less the costs incidental to the generation of the income; (v) payments received of principal and interest on loans made with Grant funds; (vi) interest earned on Grant funds held in a revolving fund account; and (vii) interest earned on program income, pending the disposition of such program income.

B. As defined in 24 CFR § 570.500(a)(4)(i), program income does not include any income received in a single program year by City and Subrecipient if the total amount of such income does not exceed Twenty-five Thousand Dollars ($25,000). When such income is generated by an activity that is only partially assisted with Grant funds, the program income shall be prorated to reflect the percentage of Grant funds actually used by Subrecipient. Subrecipient shall account for program income in accordance with the standards included in 2 CFR Part 200 and 24 CFR Part 500.

10.8 Recording of Program Income. Program income shall only be allowed under this Agreement, if previously approved by the City and evidenced in the Budget. If the Budget includes any of the aforementioned categories of program income or other categories defined in 24 CFR § 570.503(a), (b)(3) and (8), and § 570.504, Subrecipient shall record the receipt and expenditure of program income, as defined above and in 24 CFR § 570.500(a), as part of the permanent records of the financial transactions of the grant program.

10.9 Retention of Program Income. Program income received by Subrecipient, as approved in the Budget, may be retained by Subrecipient only if such income is treated as additional Grant funds to be used to continue providing Services. Furthermore, all other provisions of this Agre ement shall apply to any services provided with program income. Program income -11-
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must be used before drawing down additional grant funds from the City, except in the case of a revolving fund. In the case of program income in a revolving fund, the Subrecipient must use the program income for the activity for which the revolving fund was established, before drawing down additional Grant funds for the activity.

10.10 Reversion of Assets. Subrecipient hereby agrees to return all program income, as defined by 24 CFR § 570.500, which is on hand upon expiration of this Agreement, or which is received after the Agreement’s expiration, to the City as required by § 570.503(b)(7) of said Title.

Upon expiration of the Agreement, real property under Subrecipient ’s control acquired or improved in whole or in part with Grant funds (including Grant funds provided to Subrecipient in the form of a loan) in excess of Twenty -five Thousand Dollars ($25,000) shall be either: (i) used to meet one of the national objectives in 24 CFR § 570.208 until five years after expiration of the Agreement, or for such longer period of time as determined to be appropriate by the City; or (ii) not used in accordance with 24 CFR § 570.503(b)(7)(i), in which event the Subrecipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- Grant funds for the acquisition of, or improvement to, the property. The payment is program income to the City. No payment is required after the period of time specified above.

10.11 Use of Real Property . Subrecipient hereby agrees to comply with 24 CFR § 570.505 governing the use of real property. For the purposes of this Agreement “ real property” means land, including land im provements, structures and appurtenances thereto, but excludes movable machinery and equipment. Said standards apply to real property within Subrecipient ’s control which was acquired or improved in whole or in part using Grant funds in excess of Twenty- five Thousand Dollars ($25,000). These standards shall apply from the date Grant funds are first spent for the property until five years after the expiration of the Agreement under which the CDBG assistance was last provided to Subrecipient for the property.

10.12 NEPA Compliance . Subrecipient agrees that when Grant funds in excess of Twenty-five Thousand Dollars ($25,000) are used by Subrecipient to acquire real property or construct or add fixtures to a public facility Subrecipient will comply with the National Environment Policy Act of 1969, the California Environment Quality Act, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and California Government Code § 7260, et seq.

10.13 Change in Use . Subrecipient may not change the use or planned use of the real property, including the beneficiaries of such use, from that for which the acquisition or improvement was made unless the City provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed chan ge. After the public comment period has taken place, the change of use must be approved in writing by City. The new use of the real property must meet one of the three broad national objectives of the CDBG Program: (i) principally benefit low and moderate income individuals and families; (ii) aid in the elimination and prevention of slums and blight; or (iii) address other community health and safety needs having a particular urgency. Additionally, the property shall not serve as a building for the general conduct of government in its projected new use.
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10.14 Disposition of Real Property. Real property may be disposed of in the following manner, only after City has provided affected citizens with reasonable notice, and after receiving prior written approval from City Manager that the property is no longer needed for a use which meets one of the aforementioned three national objectives of the CDBG Program:

A. Title to the real property shall vest in Subrecipient su bject to the condition that Subrecipient shall use the real property for the authorized purpose of the project, program, or business activity as long as it is needed, and shall not encumber the property without approval of the City;
B. While held by Subrecipient, the real property or the facility constructed or receiving the added fixtures is to be used exclusively for the purposes for which acquisition, construction or improvement was originally approved;
C. Written approval from the City Manager must be secured if the property or facility is to be put to an alternative use that is consistent with federal regulations governing Grant funds;
D. Should the real property or the improved or constructed facility be used, during the term set forth in this Agreement, for a purpose not consistent with applicable federal regulations governing Grant funds or should Subrecipient desire to sell the real property or facility, then:
(1) If Subrecipient retains title, it wil l have to either reimburse to the City an amount that represents the percentage of current fair market value that is identical to the percentage that Grant funds comprised moneys paid to initially acquire the property or construct or add fixtures to the facility; or
(2) If Subrecipient sells the property or facility or is required to sell or otherwise convey the property or facility, Subrecipient is to reimburse either City an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that Grant funds comprised moneys paid to initially acquire the property or construct or improve the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.

E. If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in 24 CFR § 570.504(b)(4) or (5), as applicable, shall apply to the use of funds reimbursed.

F. Following the reimbursement to the CDBG Program in accordance with 24 CFR § 570.505(b), the property no longer will be subject to any CDBG requirements.

10.15 Fiscal Limitations. The United States of America through HUD may in the future place programmatic or fiscal limitation(s) on Grant funds not presently anticipated. Accordingly, City reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, City may reduce the budget of this Agreement as a whole or as to cost category, and may, at its sole discretion, limit Subrecipient’ s authority to commit and spend funds, and may restrict Subrecipient ’s use of both its uncommitted and its -13-
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unspent funds. Where HUD has directed or requested City to implement a reduction in funding, with respect to funding for this Agreement, the City Manager , or his or her designee, may act for City in implementing and effecting such a reduction and in revising the Agreement for such purpose. The City Manager, or his or her designee, may act for City in suspending the operation of this Agreement for up to sixty (60) days, upon three (3) days writte n notice to Subrecipient of his or her intention to so act. In no event, however, shall any revision made by City affect expenditures and legally binding commitments made by Subrecipient before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.

10.16 Program Records. The Subrecipient shall maintain financial, programmatic, statistical and other supporting records of its operations and financial activities in accordance with the requirements of the Housing and Community Development Act and its regulations , including 2 CFR Part 200, and 24 CFR Part 570 or other applicable law, such records shall be maintained for the longer of (i) 3 years after the expiration or termination of this Agreement, or (ii) 3 years after the submission of the annual performance and evaluation report, as prescribed in 24 CFR

91.520, in which the specific activity is reported on for the final time. The Subrecipient specifically shall prepare and maintain the following records and reports , as a applicable, to assist City in maintaining its record keeping requirements:

A. Records:
(1) Documentation of the income level as defin ed by the HUD Guidelines set forth on the Compliance Report.
(2) Documentation of the number of persons and/or families participating in or benefiting by the Subrecipient’s project, program, or business activity.
(3) Documentation of all Grant funds received from the City or other funds to operate the project, program, or business activity herein by Subrecipient.
(4) Documentation of expenses as identified in the Subrecipient’s Annual Program Budget.
(5) Any other related records as City shall require from time to time.

B. Reports:
(1) Payment Request form.
(2) Quarterly reports to City commencing July 1 of the Program Year and ending June 30 of the Program Year.
(3) Any such other reports as City shall reasonably require. Failure to provide such reports may result in the Subrecipient jeopardizing said Grant funds as provided herein.
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10.17 Performance Monitoring . The City wil l monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated.

10.18 Accounting Standards. The Subrecipient shall administer its project, program, or business activity in conformance with 2 CFR Part 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain source documentation for all costs incurred.

10.19 Cost Principles. The Subrecipient shall administer its project, program, or business activity in conformance with 2 CFR Part 200, as applicable.

10.20 Audits.

A. Records. The Subrecipient’s records shall be open to inspection and audit by the authorized representatives of the City, HUD and the Comptroller General during regular working hours. Said records shall be retained for such time as may be required by the regulations of the Housing and Community Development Act, but in no case for less than five (5) years after completion of an audit. Records which relate to (i) complaints, claims, administrative proceedings or litigation arising out of the perf ormance of this Agreement, or (ii ) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the five (5) years until resolution or disposition of such appeals, litigation claims or exceptions.

B. External Audits. If required by HUD, Subrecipient shall obtain an external audit in accordance with the single audit regulations. The audit report shall be submitted to City within 180 days after the termination of this Agreement. Subrecipients which receive less than $750,000 in total federal financial assista nce annually, shall be monitored through site visits, limited scope audits, or other means in accordance with 31 U .S.C. § 7502(f)(2)(B). The cost of any independent audits or attestation engagements, other than limited scope audits shall not be charged to the Federal awards in accordance with 2 CFR Part 200 and 31 U .S.C. § 7505(b)(1)(A)(ii). Subrecipients which receive $750,000 or more in total federal financial assistance in a year are required to obtain an independent audit in accordance with 2 CFR Part 200 and 31 U.S.C. § 7502(a)(1)(A).

10.21 Personnel. Subrecipient shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Subrecipient recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services.

11. MISCELLANEOUS PROVISIONS.

11.1 Nondiscrimination. Subrecipient shall maintain and operate all facilities and deliver services to the community and program participants in a manner, which is non - discriminatory.
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11.2 National Origin and Race. Subrecipient shall abide by § 570.601 and § 570.912 of the Code of Federal Regulations at Title 24 which requires that no person in the United States shall on the ground of religion, race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds.

11.3 Sexual Orientation and AIDS. Subrecipient further agrees not to discriminate on the grounds of sexual orientation or disability, including the medical condition of Acquired Immune D eficiency Syndrome (AIDS) or any condition related thereto, genetic information, gender, gender identity, or gender expression.

11.4 Disabilities. Pursuant to the Americans with Di sabilities Act and specifically 42 USC § 12132, Subrecipient acknowledges and agrees that in the performance of the Grant, no qualified individual shall, by reason of a disability, be excluded from participation in or be denied the benefits of the services, programs or activities of City or Subrecipient or be subjected to discrimination by City or Subrecipient.

11.5 Conflict of Interest.

A. Subrecipient and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR § 570.611. Subrecipient understands and agrees that no waiver or exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR § 570.611(d). Any request by Subrecipient for an exception shall first be reviewed by City to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, City will consider the factors listed in 24 CFR § 570.611(e).

B. Prior to any funding under this Agreement, Subrecipient shall provide City with a list of all employees and their job titles, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision-making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. Subrecipient shall also promptly disclose to City any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Agreement. Any violation of this S ection shall be deemed a material breach of th is Agreement, and City shall immediately terminate the Agreement.

11.6 Religious Proselytizing or Politica l Activities. Subrecipient agrees that it will abide by the requirements set forth in 24 CFR § 570.200; and as such Subrecipient agrees that, in connection with such public services:

A. It will not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services. If such activities are conducted, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services; and
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B. It shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief; and C. It may not use CDBG funds for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, constructi on, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CD BG funds.

Sanctuaries, chapels, or other rooms that a CDBG -funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition.

11.7 Lobbying. Subrecipient certifies to the best of its knowledge and belief, that:

A. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an offic er 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 ent ering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

B. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.

C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all 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.

11.8 Reporting Executive Compensation and First-Tier Subcontract Awards.

A. Definitions. As used in this clause:
“Executive” means officers, managing partners, or any other employees in management positions.
“First-tier subcontract” means a subcontract awarded directly by a Contractor to furnish supplies or services (including construction) for performance of a prime contract, but excludes -17-
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supplier agreements with vendors, such as long -term arrangements for materials or supplies that would normally be applied to a Contractor’s general and administrative expenses or indirect cost. “Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR § 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
(3) Earnings for services under non- equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax- qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

B. Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109- 282), as amended by section 6202 the Government Funding Transparency Act of 2008 (Pub. L. 110- 252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

C. (1) Unless otherwise directed by the contracting officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, (and any modifications to these subcontracts that change previously reported data), the Contractor shall report the following information at http://www.fsrs.gov for each first-tier subcontract. (The
Contractor shall follow the instructions at http://www.fsrs.gov to report the data.) (i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor ’s parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
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(iv) Date of the subcontract award.
(v) A description of the products or services (including construction) being provided under the subcontract,
including the overall purpose and expected outcomes or
results of the subcontract.
(vi) Subcontract number (the subcontract number assigne d by the Contractor).
(vii) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine- digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable. (x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS. (xiv) The applicable North American Industry Classification System code (NAICS).
(2) By the end of the month following the month of a contract award, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for the Contractor’s preceding completed fiscal year at http://www.ccr.gov, if:
(i) In the Contractor ’s preceding fiscal year, the Contractor received:
(a) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(b) $25,000,000 or more in annual gross revenues from
Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
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(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under S ection 13(a) or 15(d) of the Securi ties
Exchange Act of 1934 (15 U .S.C. § 78m(a), 78o(d)) or
Section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation
information, see the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
(3) Unless otherwise directed by the cont racting officer, by the end of the month following the month of a first -tier subcontract with a value of $25,000 or more, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated exec utives for each first -tier subcontractor for the subcontractor ’s preceding completed fiscal year at http://www.fsrs.gov, if:
(i) In the subcontractor ’s preceding fiscal year, the
subcontractor received:
(a) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(b) $25,000,000 or more in annual gross revenues from
Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under S ection 13(a) or 15(d) of the Securi ties
Exchange Act of 1934 (15 U .S.C. § 78m(a), 78o(d)) or
Section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation
information, see the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
D. (1) If the Contractor in the previous tax year had gross income, from all sources, under $750,000, the Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under $750,000, the Contractor does not need to report awards to that subcontractor.

E. Phase-in of reporting of subcontracts of $25,000 or more:
(1) Until September 30, 2010, any newly awarded subcontract must be reported if the prime contract award amount was $20,000,000 or more. -20-
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(2) From October 1, 2010, until February 28, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $550,000 or more. (3) Starting March 1, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $25,000 or more.

11.9 Registration. Subrecipient agrees to maintain a current registration in the federal central contractor registration (“CCR”) database (http:/ www.ccr.gov) pursuant to the Federal Funding Accountability and Transparency Act, P.L. 109- 282, as amended by Section 6202(a) of P.L. 110-252. If Subrecipient is not currently registered, it must do so within ten (10) days of the date Subrecipient executes this Agreement. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (http://DNB.com) is required for registration in the CCR.

12. No Duplication of Benefits. In consideration of Subrecipient’s receipt of CDBG funds from the City, Subrecipient hereby assigns to City all of its future rights to reimbursement and all payments received from any grant, subsidized loan, or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federa l Emergency Management Agency or other program to the extent of proceeds paid to Subrecipient under this Agreement and that are determined in the sole discretion of the City to be a duplication of benefits (“DOB”). Upon receiving any DOB proceeds, Subrecip ient shall immediately notify the City. If some or all of the proceeds are determined to be a DOB, the portion of Subrecipient’s CDBG funds that is a DOB shall be paid to the City forthwith.

13. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference as though set forth in full:

Exhibit “A” - Scope of Services
Exhibit “B” - Budget
Exhibit “C” - Polices and Regulations
Exhibit “D” - Subaward Information

(Signatures on Following Page)
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IN WITNESS WHEREOF, City and Subrecipient have caused this Agreement to be duly executed the day and year first above written.

CITY OF JURUPA VALLEY, a California
municipal corporation

__________________________________
Chris Barajas
Mayor

Attest:

___________________________________
Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM:

___________________________________
Peter M. Thorson
City Attorney

PATH OF LIFE MINISTRIES, INC , a
California non-profit corporation
By:

Name:

Title: ________________________________

By:

Name:

Title: ________________________________

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EXHIBIT “A”

SCOPE OF SERVICES
The project will provide the following Homelessness Services (Rapid Resolution Services) at a cost of $143,759:

1. Path of Life Ministries (“POLM”) Street Outreach Services will serve a minimum of 100 unduplicated individuals with Outreach/Shelter/Homeless Prevention services.

2. Two (2) Full Time Staff will conduct street outreach and case management services Monday through Friday to homeless individuals in the City of Jurupa Valley. POLM Street Outreach Team will provide Outreach/Contact/Engagement to a minimum of 75 unduplicated individuals.

3. An intake/enrollment including a VI-SPDAT assessment will be completed for each individual engaged/enrolled. This will determine their eligibility for (Rapid Rehousing (RRH) or Permanent Supportive Housing (PSH) and ensure that all eligible chronically homeless individuals are entered in the county-wide coordinated entry system.

4. The Street Outreach Team will document and track their contacts, interactions, and progress with the individuals they provide services to as well as the locations in which they are contacting homeless individuals and encampments.

5. A case plan will be established with those who accept case management services and those who enter POLM shelter services. Special Needs Assistance may be provided if supplemental funds become available.

6. POLM will assist with transportation needs that contribute to an exit from the homeless situations for those who are interested. A minimum of 25 individuals are projected to receive transportation assistance.

7. POLM will collaborate with community partners including Riverside County Sherriff’s Department HOT Team, Jurupa Valley Codes Department and other community based agencies to coordinate efforts to provide homeless solutions in Jurupa Valley.

8. POLM will serve a minimum of 50 unduplicated individuals from Jurupa Valley in POLM Shelters. The equivalent of 1,000 bed nights in POLM shelters will be provided for Jurupa Valley residents with 4 beds being available on any given night for Jurupa Valley Residents.

Additional bed nights and/or beds will be provided for any Jurupa Valley resident seeking shelter based upon availability.

9. POLM will assist individuals and families who are at risk of becoming homeless due to strained housing conditions such as past due utility payments and rent burden. A minimum of 7 unduplicated households will receive homelessness prevention (rent/utility) assistance.

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EXHIBIT “B”
PROPOSED 2023‐2024 PROGRAM BUDGET

Program Name: Homeless Outreach and Shelter Services

BUDGET CATEGORY

CDBG

OTHER

TOTAL
Agency Administration Staff
Salaries & Benefits $2,500 $29,357.64 $31,857.64
Program Staff Salaries &
Benefits $100,000 $98,520.61 $198,520.61
Program Supplies $ $500.00 $500
Rent/Lease $ $ $
Communications $500 $700 $1,200
Utilities $ $ $
Insurance $ $1000 $1000
Professional Services
(Specify) $ $ $
Other (Specify)
1000 Bed Nights at
Community Shelter

$40,000

$80,000
Other (Specify)
Special Needs $ $ $
Other (Specify) $ $ $
Other (Specify) $ $ $
TOTAL $143,000 $170,078.25 $313,078.25

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EXHIBIT “C”

POLICIES AND REGULATIONS

The City has on file the Path of Life Ministries handbook that includes all policies and procedures. -25-
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EXHIBIT “D”

SUBAWARD INFORMATION

1. Subrecipient Name (which must match registered name in DUNS): Path of Life Ministries

2. Subrecipient’s DUNS Number: 00-336-4176

3. Federal Award Identification Number (FAIN): B-19-MC-06-0607

4. Federal Award Date (see 2 CFR § 200.39): _____________________________________

5. Subaward Period of Performance Start Date and End Date: 7/1/2023-6/30/2024

6. Amount of Federal Funds Obligated by this Activity: $143,759

7. Total Amount of Federal Funds obligated to Subrecipient: $143,759

8. Total Amount of the Federal Award: _______________________

9. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): Homelessness Services

10. Name of Federal Awarding Agency: Department of Housing and Urban Development

11. Name of Pass-through Entity and Contact Information for Awarding Official: City of Jurupa Valley, rod R. Butler, City Manager, (951) 332-6464, [email protected]

12. Catalog of Federal Domestic Assistance (CFDA) Number and Name: 14.28 CDBG

13. Identification of whether the Award is Research & Development: Not applicable

14. Indirect Cost Rate for the Federal Award: Not applicable

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COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF JURUPA

VALLEY AND FAMILY SERVICE ASSOCIATION
(Senior Nutrition Program)
THIS AGREEMENT is made and entered into as of July 1, 2023, by and between the CITY OF JURUPA VALLEY, a California municipal corporation ( “City”) and FAMILY SERVICE ASSOCIATION, a California non-profit corporation (“Subrecipient”). In consideration of the mutual covenants set forth herein, and the mutual benefits to be derived there from, City and Subrecipient agree as follows:

1. RECITALS. The parties hereto agree that this Agreement is made with respect to the following purposes:

2. SCOPE OF SERVICES . Subrecipient s hall provide Senior Nutrition Program services, as more particularly described in Exhibit “A” , entitled Scope of Services ( “Services”), and Exhibit “B” , entitled Budget ( “Budget”), attached and incorporated by reference, in accordance with this Agreement.

4. COMPENSATION/PAYMENT. Subrecipient shall fully perform the Services to be provided under this Agreement for a total sum not to exceed twenty thousand dollars ($20,000).

Payment shall be made pursuant to the Budget and Section 10.6 of this Agreement. Invoices submitted by Subrecipient shall be delivered to City in accordance with Section 5. -2-
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City
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Subrecipient
Family Service Association
21250 Box Springs Road, Suite 212
Moreno Valley, CA 92557

A. The Housing and Community Development Act of 1974, as amended, and legislative changes contained in the Housing and Urban- Rural Recovery Act of 1983, and the Housing and Community Development Act of 1987;
B. Regulations of the Department of Housing and Urban Development relating to CDBG, including all Federal laws and regulations described in subpart K of 24 CFR Part 570, except that:
(1) Subrecipient does not assume City’s responsibility for initiating the review process under the provisions of 24 CFR part 52; and -3-
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(2) Subrecipient does not assume City’s environmental responsibilities; C. Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) and implementing regulations issued at 24 CFR Part 1; Title VIII of the Civil Rights Act of 1968 (P.L. 90 -284) as amended; Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued pursuant thereto; Section 3 of the Housing and Urban Development Act of 1968, as amended; Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations at 41 CFR Chapter 60; Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; D. Section 504 of the Rehabilitation Act of 1973 (P.L. 93- 112), as amended, and implementing regulations;
E. The Age Discrimination Act of 1975 (P.L. 94- 135), as amended, and implementing regulations;
F. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42;
G. The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; H. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention control and abatement of water pollution; I. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234);
J. The regulations, policies, guidelines and requirements of 2 CFR Part 200 as they relate to the acceptance and use of federal funds under the federally-assisted program; K. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4821 et seq.), the Residential Lead-Based Paint Hazard Act of 1992 (42 U.S.C. § 4851-4956) and the regulations of 24 CFR Part 35; and safety regulations; and
L. The Federal Accounting and T ransparency Act of 2006, P.L. 109- 282, as amended by Section 6202(a) of P.L. 110-252.

Copies of some of the foregoing Policies and Regulations are attached hereto as Exhibit “C”.

9. GENERAL CONDITIONS.

9.1 Subrecipient as Independent Contractor. Subrecipient, information is attached in Exhibit “D” . In the performance of this Agreement, Subrecipient, and Subrecipient ’s employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City. Subrecipient acknowledges and agrees -4-
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that the City has no obligation to pa y or withhold state or federal taxes or to provide workers ’ compensation or unemployment insurance to Subrecipient, or to Subrecipient ’s employees, subcontractors and agents. Subrecipient, as an independent contractor, shall be responsible for any and all taxes that apply to Subrecipient as an employer.

9.2 Indemnity.

A. Except as to the sole negligen ce or willful misconduct of the City, Subrecipient shall defend, indemnify, and hold the City, and its officers, employees and agents, harmless from any and all los s, damage, claim for damage, liability, expense or cost, including attorneys’ fees, which arises out of or is in any way connected with the performance of work under this Agreement by Subrecipient or any of its employees, agents or subcontractors and from all claims by Subrecipient ’s employees, subcontractors and agents for compensation for services rendered to Subrecipient in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provi sion shall apply to any acts or omissions, willful misconduct , or negligent conduct, whether active or passive, on the part of Subrecipient or of Subrecipient’s employees, subcontractors, or agents. Subrecipient understands and agrees that it shall defend the City from any claim even if it appears to be without merit.

9.3 Insurance.

A. General Provisions . Prior to the City’s execution of this Agreement, Subrecipient shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverag es may be modified in writing by the City Manager, or his or her designee, unless such modification is prohibited by law.

B. Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Subrecipient’s indemnification obligations under Section 9.2 hereof.

C. Ratings. Any insurance policy or coverage provided by Subrecipient or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such polic y or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder ’s rating of A or higher and a Financial Class of VII or higher.

D. Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
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E. Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Subrecipient pursuant to this Agreement are adequate to protect Subrecipient. If Subrecipient believes that any required insurance coverage is inadequate, Subrecipient will obtain such additional insurance coverage as Subrecipient deems adequate, at Subrecipient’s sole expense.

F. Workers’ Compensation Insurance: By executing this Agreement, Subrecipient represents that Subrecipient is aware of and will comply with Section 3700 of the Labor Code of the State of California requir ing every employer to be insured against liability for workers’ compensation, or to undertake self -insurance before commencing any of the work.

G. Commercial General Liability . Prior to City ’s execution of this Agreement, Subrecipient shall obtain, and shall thereafter main tain during the term of this Agreement, commercial general liability insurance as required to insure Subrecipient against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Subrecipient. The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient’s insurance policies.
(1) Subrecipient’s commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products completed operations liability, independent contrac tor’s liability, personal injury liability, and contractual liability) in an amount not less than one million dollars ($1,000,000) per occurrence and a general aggregate limit in the amount of not less than two million dollars ($2,000,000).
(2) Prior to City ’s execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees, and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:

It is agreed that the City of Jurupa Valley, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Jurupa Valley. -6-
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H. Subcontractors’ Insurance. Subrecipient shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, which may be caused by the subcontractors ’ scope of work and activities provided in furtherance of this Agreement, includi ng, without limitation, the following coverages: Workers ’ Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability.

Upon City’s request, Subrecipient shall provide City with satisfactory evidence that subcontractors have obtained insurance policies and coverages required by this section.

I. Commercial Automobile Insurance. Subrecipient is required to provide commercial automobile liability insurance for this Agreement with the exception being those Subrecipients that do not r equire the use of an automobile to meet program requirements as detailed in the Scope of Work.
(1) Subrecipients that require the use of an automobile or must drive to meet program requirements in the Scope of Work must submit insurance certificates acceptable to City that meet the following requirement(s):
(2) Subrecipient’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than one million dollars ($1,000,000) per occurrence and an aggregate limit of not less than one million dollars ( $1,000,000). All of Subrecipient’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Subrecipient ’s performance of this Agreement, which vehicles shall include, but are not limited to, Subrecipient owned vehicles, Subrecipient leased vehicles, Subrecipient’s employee vehicles, non-Subrecipient owned vehicles and hired vehicles. (3) The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient’s automobile insurance policy.

J. All insurance deductibles shall not exceed twenty -five thousand dollars ($25,000) unless the City Manager approves in writing another deductible amount prior to commencement of work.

9.5 Amendment. In addition to the City’s right to modify pursuant to Section 6 of the Agreement, this Agreement may only be modified by written agreement between City and Subrecipient.

9.6 Termination. In addition to the City’s right to terminate pursuant to Section 6 of this Agreement, this Agreement may be terminated at any time by either party upon giving thirty (30) day notice in writing to the other party. The City Manager, or his or her designee, is hereby empowered to give said notice, subject to ratification by the City Council. Further, the City may immediately terminate this Agreement upon the termination, suspension, discontinuation, or substantial reduction in Grant funding for the Agreement activity. Further, and not withstanding any other provision of this Agreement, if Subrecipient materially fails to comply with any term of this Agreement, or the award that is the subject of this Agreement, whether stated in a Federal -7-
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statute or regulation, an assurance, in a S tate plan or obligation, a notice of award, or elsewhere, the awarding agency or City may take any one or more of the following actions, as appropriate in the circumstances:

A. Temporarily withhold cash payments pending cor rection of the deficiency by the Subrecipient or more severe enforcement action by the awarding agency; B. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; C. Wholly or partly suspend or terminate the current aw ard for the City’s or Subrecipient’s program;
D. Withhold further awards for the program; or
E. Take other remedies that may be legally available.

Further, and notwithstanding any other provision of this Agreement, the award may be terminated for convenience in accordance with 2 CFR Part 200.

9.7 Costs Following Termination. Costs of Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of this Agreement are not allowable unless City expressly authorizes them i n the Notice of Suspension or Termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowed if (i ) the costs resulted from obligations whi ch were properly incurred by the Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termina tion, are noncancellable; and (ii ) the costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect.

This Agreement may be extended for one fiscal year in the sole discretion of the City Manager, at which time this Agreement shall automatically terminate. Extensions shall be requested in writing from the City Manager at least sixty (60) days prior to the termination of the Agreement, unless the City Manager, in his or her sole discretion , agrees in writing to shorten the time in which an extension may be requested.

10. ADMINISTRATIVE REQUIREMENTS.

10.1 Revenue Disclosure Requirement.

A. Revenue Disclosure Requirement. Subrecipient certifies that it has previously filed with the City a written statement listing all revenue received, or expected to be received, by Subrecipient from Federal, State, City, County, and from other governmental agencies, and applied or expected to offset, in whole or in part, any of the costs incurred by -8-
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Subrecipient in conducting current or prospective projects, programs, or business activities, including, but not limited to the project, program, or business activity which is the subject of this Agreement. Such statement shall reflect the name and a description of such project, program, or business activity, the dollar amount of funding provided, or to be provided, by each and every governmental agency to each such project, program, or business activity, and the full name and address of such governmental agency.

B. For those projects, programs, and business activities in which there are sources of funds from the private sector in addition to Grant funds, Subrecipient shall provide proof of such funding. City shall not pay for any services provided by Subrecipient which are funded by other sources. All restrictions and/or requirements provided in this Agreement relative to accounting, budgeting, and reporting, apply to the total project, program, or business activity regardless of funding sources.

10.2 Use of Grant Funds. Except as otherwise limited by this Agreement, Grant funds shall be used exclusively to implement the project, program, business activity, and carry-out the Services. Grant funds shall not be used as security or to guarantee payments for any non-program obligations, nor as loans for non- program activities. All bank accounts for Subrecipient shall be non-interest bearing and Subrecipient agre es that it shall not use Grant funds to pay for entertainment, meals, or gifts.

10.3 Annual Budget. The Subrecipient hereby certifies and agrees that the Grant funds received shall be used exclusively as described in the Budget . Subrecipient shall not make expenditures that deviate from the Budget without prior written approval of the City Manager, or his or her Designee. City may approve Budget modifications to this Agreement for the movement of funds within the budget categories when such modifications: (i) d o not exceed ten thousand dollars ($10,000) per budget cost category; (ii) are specifically requested by City; (iii) do not alter the amount of compensation subject to or under this Agreement; (iv) will not change the project, program, or business activity goals or scope of services; (v) are in the best interests of City and Subrecipient in performing the scope of services under this Agreement; and ( vi) are related to salaries, are in accordance with applicable salary ordinances or law.

10.4 Property and Equipment.

A. Non-Expendable Property or Equipment . Subrecipient shall maintain a record for each item of non-expendable property or equipment acquired for this project, program, or business activity with Grant funds. This record shall be provided to City as well as being available for inspection and audit upon reasonable notice by the City at the request of City. Non- expendable property or equipment means tangible personal property having a useful life of more than one (1) year and acquisition cost which equals or exceeds the lesser of: (i) the capitalization level established by the organization for the financial statement purposes; or (ii) Five Thousand Dollars ($5,000) or more per unit.

B. Approval. Subrecipient shall not purchase or agree to purchase non - expendable property and/or equipment without the prior written approval from the City Manager, or his or her Designee. Upon completion or early termination of this Agreement, City reserves the right to determine the final disposition of said non- expendable property acquired for this project, -9-
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program, or business activity and Grant funds in compliance with applicable laws and regulations.

Said disposition may include, but is not limited to, City taking possession of said non-expendable property and/or equipment.

D. Purchase or Lease of Non -Expendable Property or Equipment .

Subrecipient shall obtain three documented bids prior to purchasing or leasing any non-expendable personal property or equipment over Five Thousand Dollars ($5,000) in unit value as approved in the Budget. Subrecipient shall purchase or lease from the lowest responsive bidder. All equipment that has a purchase or lease price of over Five Thousand Dollars ($5,000) in unit value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price, deducting all cash disco unts, rebates and allowances received by Subrecipient. This inventory shall be provided to City as well as being available for inspection and audit upon reasonable notice by the City at the request of City.

F. Purchase and Invoice Deadlines. Purchase of equipment and property, other than supplies, shall be completed before the first day of the last three (3) months of the Agreement period and all equipment bills are to be paid before the first day of the last two (2) months of this period. No property or equipment, other than supplies, may be purchased during the final three (3) months of the Agreement. Subrecipient shall complete all purchases of supplies before the last two (2) months of the Agreement and shall pay all supply bills before the final month of the Agreement. Invoices, which have not been received by the City within thirty (30) days after the Agreement termination date, shall not be honored. Exceptions to these limitations require prior written approval by the City Manager.

10.6 Costs and Method of Payment.

A. Invoicing. The City shall pay to the Subrecipient the Grant amount specified in Section 4 of this Agreement above on a reimbursable basis for all approved costs. The -10-
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Subrecipient shall submit not more often than monthly to the authorized representatives of the City, a certified statement setting forth in detail the expenditures made for which it is asking reimbursement along with supporting documentation which specifically states how funds were expended. At City’s discretion and in accordance with HUD regulations, said documentation may include, but will not be limited to, cancelled checks, invoices, receipts, payroll logs and employee time sheets.

10.7 Program Income.

10.9 Retention of Program Income. Program income received by Subrecipient, as approved in the Budget, may be retai ned by Subrecipient only if such income is treated as additional Grant funds to be used to continue providing Services. Furthermore, all other provisions of this Agreement shall apply to any services provided with program income. Program income -11-
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must be used before drawing down additional grant funds from the City, except in the case of a revolving fund. In the case of program income in a revolving fund, the Subrecipient must use the program income for the activity for which the revolving fund was establishe d, before drawing down additional Grant funds for the activity.

10.11 Use of Real Property . Subrecipient hereby agrees to comply with 24 CFR § 570.505 governing the use of real property. For the purposes of this Agreement “ real property” means land, including land improvem ents, structures and appurtenances thereto, but excludes movable machinery and equipment. Said standards apply to real property within Subrecipient ’s control which was acquired or improved in whole or in part using Grant funds in excess of Twenty- five Thousand Dollars ($25,000). These standards shall apply from the date Grant funds are first spent for the property until five years after the expiration of the Agreement under which the CDBG assistance was last provided to Subrecipient for the property.

10.13 Change in Use . Subrecipient may not change the use or pla nned use of the real property, including the beneficiaries of such use, from that for which the acquisition or improvement was made unless the City provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change. Af ter the public comment period has taken place, the change of use must be approved in writing by City. The new use of the real property must meet one of the three broad national objectives of the CDBG Program: (i) principally benefit low and moderate income individuals and families; (ii) aid in the elimination and prevention of slums and blight; or (iii) address other community health and safety needs having a particular urgency. Additionally, the property shall not serve as a building for the general conduc t of government in its projected new use.
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A. Title to the real property shall vest in Subrecipient su bject to the condition that Subrecipient shall use the real property for the authorized purpose of the project, program, or business activity as long as it is needed, and shall not encumber the property without approval of the City;
B. While held by Subrecipient, the real property or the facility constructed or receiving the added fixtures is to be used exclusively for the purposes for which acquisition, construction or improvement was originally approved;
C. Written approval from the City Manager must be secured if the property or facility is to be put to an alternative use that is consistent with federal regulations governing Grant funds;
D. Should the real property or the improved or constructed facility be used, during the term set forth in this Agreement, for a purpose not consistent with applicable federal regulations governing Grant funds or should Subrecipient desire to sell the real property or facility, then:
(1) If Subrecipient retains title, it wil l have to either reimburse to the City an amount that represents the percentage of current fair market value that is ident ical to the percentage that Grant funds comprised moneys paid to initially acquire the property or construct or add fixtures to the facility; or
(2) If Subrecipient sells the property or facility or is required to sell or otherwise convey the property or facility, Subrecipient is to reimburse either City an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that Grant funds comprised moneys paid to initially acquire the property or construct or improve the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.

F. Following the reimbursement to the CDBG Program in accordance with 24 CFR § 570.505(b), the property no longer will be subject to any CDBG requirements.

10.15 Fiscal Limitations. The United States of America through HUD may in the future place programmatic or fiscal limitation(s) on Grant funds not presently anticipated. Accordingly, City reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, City may reduce the budget of this Agreement as a whole or as to cost category, and may, at its sole discretion, limit Subrecipient’ s authority to commit and spend funds, and may restrict Subrecipient ’s use of both its uncommitted and its -13-
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unspent funds. Where HUD has directed or requested City to implement a reduction in funding, with respect to funding for this Agreement, the City Manager , or his or her designee, may act for City in implemen ting and effecting such a reduction and in revising the Agreement for such purpose. The City Manager, or his or her designee, may act for City in suspending the operation of this Agreement for up to sixty (60) days, upon three (3) days writte n notice to Subrecipient of his or her intention to so act. In no event, however, shall any revision made by City affect expenditures and legally binding commitments made by Subrecipient before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.

10.16 Program Records. The Subrecipient shall maintain financial, programmatic, statistical and other supporting records of its operations and financial activities in accordance with the requirements of the Housing and Community Development Act and its regulations , including 2 CFR Part 200, and 24 CFR Part 570 or other applicable law, such records shall be maintained for the longer of ( i) 3 years after the expiration or termination of this Agreement, or (ii) 3 years after the submission of the annual performance and evaluation report, as prescribed in 24 CFR

91.520, in which the specific activity is reported on for the final time. The Subrecipient specifically shall prepare and maintain the following records and reports , as applicable, to assist City in maintaining its record keeping requirements:

A. Records:
(1) Documentation of the income level as defined by the HUD Guidelines set forth on the Compliance Report
(2) Documentation of the number of persons and/or families participating in or benefiting by the Subrecipient’s project, program, or business activity.
(3) Documentation of all Grant funds received from the City or other funds to operate the project, program, or business activity herein by Subrecipient.
(4) Documentation of expenses as identified in the Subrecipient’s Annual Program Budget.
(5) Any other related records as City shall require from time to time.

B. Reports:
(1) Payment Request form.
(2) Quarterly reports to City commencing July 1 of the Program Year and ending June 30 of the Program Year

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(3) Any such other reports as City shall reasonably require. Failure to provide such reports may result in the Subrecipient jeopardizing said Grant funds as provided herein.

10.19 Cost Principles. The Subrecipient shall administer its project, program, or business activity in conformance with 2 CFR Part 200, as applicable.

10.20 Audits.

B. External Audits. If required by HUD, Subrecipient shall obtain an external audit in accordance with the single audit regulations. The audit report shall be submitted to City within 180 days after the termination of this Agreement. Subrecipients which receive less than $750,000 in total federal financial assis tance annually, shall be monitored through site visits, limited scope audits, or other means in accordance with 31 U .S.C. § 7502(f)(2)(B). The cost of any independent audits or attestation engagements, other than limited scope audits shall not be charged t o the Federal awards in accordance with 2 CFR Part 200 and 31 U .S.C. § 7505(b)(1)(A)(ii). Subrecipients which receive $750,000 or more in total federal financial assistance in a year are required to obtain an independent audit in accordance with 2 CFR Part 200 and 31 U.S.C. § 7502(a)(1)(A).

11. MISCELLANEOUS PROVISIONS.
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11.1 Nondiscrimination. Subrecipient shall maintain and operate all facilities and deliver services to the community and program participants in a manner, which is non - discriminatory.

11.3 Sexual Orientation and AIDS. Subrecipient further agrees not to discriminate on the grounds of sexual orientation or disability, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, genetic information, gender, gender identity, or gender expression.

11.5 Conflict of Interest.

A. Subrecipient and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR § 570.611. Subrecipient understands and agrees that no waiver or exception can be granted to the prohibit ion against conflict of interest except upon written approval of HUD pursuant to 24 CFR § 570.611(d). Any request by Subrecipient for an exception shall first be reviewed by City to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, City will consider the factors listed in 24 CFR § 570.611(e).

11.6 Religious Proselytizing or Political Activities . Subrecipient agrees that it will abide by the requirements set forth in 24 CFR § 570.200; and as such Subrecipient ag rees that, in connection with such public services:

A. It will not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services. If such activities are conducted, the activities must be offered separately, in time or location, from the programs or -16-
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services funded under this part, and participation must be voluntar y for the beneficiaries of the HUD-funded programs or services; and
B. It shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief; and C. It may not us e CDBG funds for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CD BG funds.

Sanctuaries, chapels, or other rooms that a CDBG -funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG -funded improvements. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition.

11.7 Lobbying. Subrecipient certifies to the best of its knowledge and belief, that:

A. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

B. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative ag reement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.

11.8 Reporting Executive Compensation and First-Tier Subcontract Awards.

A. Definitions. As used in this clause:
“Executive” means officers, managing partners, or any other employees in management positions.
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“First-tier subcontract” means a subcontract awarded directly by a Contractor to furnish supplies or services (including construction) for performance of a prime contract, but excludes supplier agreements with vendors, such as long -term arrangements for materials or supplies that would normally be applied to a Contractor’s general and administrative expenses or indirect cost. “Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR § 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respe ct to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
(3) Earnings for services under non- equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax- qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

C. (1) Unless otherwise directed by the contracting officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, (and any modifications to these subcontracts that change previously reported data), the Contractor shall report the following information at http://www.fsrs.gov for each first-tier subcontract. (The
Contractor shall follow the instructions at http://www.fsrs.gov to report the data.) (i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor ’s parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
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(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A descript ion of the products or services (including construction) being provided under the subcontract,
including the overall purpose and expected outcomes or
results of the subcontract.
(vi) Subcontract number (the subcontract number assigned by the Contractor).
(vii) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine- digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable. (x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS. (xiv) The applicable North American Industry Classification System code (NAICS).
(2) By the end of the month following the month of a contract award, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for the Contractor’s preceding completed fiscal year at http://www.ccr.gov, if:
(i) In the Contractor ’s preceding fiscal year, the Contractor received:
(a) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(b) $25,000,000 or more in annual gross revenues from
Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
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12774-0102\2659084v2.doc
(ii) The public does not have acce ss to information about the compensation of the executives through periodic reports filed under S ection 13(a) or 15(d) of the Securi ties
Exchange Act of 1934 (15 U .S.C. § 78m(a), 78o(d)) or
Section 6104 of the Internal Revenue Code of 1986. (To
determine i f the public has access to the compensation information, see the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
(3) Unless otherwise directed by the contracting officer, by the end of the month fol lowing the month of a first -tier subcontract with a value of $25,000 or more, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for each first -tier subcontractor for the subcontractor’s preceding completed fiscal year at http://www.fsrs.gov, if:
(i) In the subcontractor ’s preceding fiscal year, the
subcontractor received:
(a) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, gra nts
(and subgrants) and cooperative agreements; and
(b) $25,000,000 or more in annual gross revenues from
Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(ii) The public does not have access to information about t he compensation of the executives through periodic reports filed under S ection 13(a) or 15(d) of the Securi ties
Exchange Act of 1934 (15 U .S.C. § 78m(a), 78o(d)) or
Section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access t o the compensation information, see the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
D. (1) If the Contractor in the previous tax year had gross income, from all sources, under $750,000, the Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under $750,000, the Contractor does not need to report awards to that subcontractor.

E. Phase-in of reporting of subcontracts of $25,000 or more:
(1) Until September 30, 2010, any newly awarded subcontract must be reported if the prime contract award amount was $20,000,000 or more. -20-
12774-0102\2659084v2.doc
(2) From October 1, 2010, until February 28, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $550,000 or more. (3) Starting March 1, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $25,000 or more.

12. No Duplication of Benefits. In consideration of Subrecipient’s receipt of CDBG funds from the City, Subrecipient hereby assigns to City all of its future rights to reimbursement and all payments received from any grant, subsidized loan, or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency or other program to the extent of proceeds paid to Subrecipient under this Agreement and that are determined in the sole discretion of the City to be a duplication of benefits (“DOB”). Upon receiving any DOB proceeds, Subrecipient shall immediately notify the City. If some or all of the proceeds are determined to be a DOB, the portion of Subrecipient’s CDBG funds that is a DOB shall be paid to the City forthwith.

13. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference as though set forth in full:

Exhibit “A” - Scope of Services
Exhibit “B” - Budget
Exhibit “C” - Polices and Regulations
Exhibit “D” - Subaward Information

(Signatures on Following Page)
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12774-0102\2659084v2.doc
IN WITNESS WHEREOF, City and Subrecipient have caused this Agreement to be duly executed the day and year first above written.

CITY OF JURUPA VALLEY, a California
municipal corporation

__________________________________
Chris Barajas
Mayor

Attest:

___________________________________
Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM:

___________________________________
Peter M. Thorson
City Attorney

FAMILY SERVICE ASSOCIATION , a
California non-profit corporation
By:

Name:

Title: ________________________________

By:

Name:

Title: ________________________________

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12774-0102\2659084v2.doc
EXHIBIT “A”

SCOPE OF SERVICES

Family Service Association (FSA) will be responsible for administering the Senior N utrition Program during the 2023- 24 CDBG Program Year. The Subrecpient will administer all tasks in connection with the Senior Nutrition Program in compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the Grantee.

The purpose of the Subgrantees’s Senior Nutrition Program is to provide services to meet HUD’s National Objectives as defined in 24 CFR 570.208(a)(2)(B), by benefiting low - and moderate- income persons. It is an eligible Activity under HUD, and also implements the goals outlined in the City’s Five -Year Consolidated Plan to provide community services for the low -moderate income persons citywide. The National Objective for this project is Low -Mod Clientele (LMC) - presumed benefit. The primary objective of the Program is to:

1. Provide nutritious meals to eligible senior citizens age 62 and over.

Outreach: The Subgrantee will conduct sufficient advertisement of the CDBG Year 2023-24 Senior Nutrition Program through flyers, public service announcements, networking with local agencies, scheduling of open houses and other means to inform the low - and moderate-income community of the program’s availability, and to ensure sufficie nt demand to meet CDBG Year 2023-24 state goal of individuals served.

Intake/Assessment of Eligibility:

The Subrecpient will accept applications and preform eligibility determinations. The Subrecpient will make provision for translation services to meet the needs of non-English speaking applicants. In the event of applications who have impaired mobility or other disabilities, the Subrecpient will make provisions for completing the application at the applicant’s residence or other acceptable procedures for ensuring equal access to services.

Measurable Outcome: Approximately 140 individuals who live in Jurupa Valley will be served 12,000 nutritious meals from the Eddie Dee Smith Senior Center during the program year.

Operations: The Senior Nutrition Program will operate at the Eddie Dee Smith Center, located at 588 Mission boulevard, Riverside, CA 92509. The FSA Administration office is located at 21250 Box Springs Road, Suite 212, Moreno Valley, CA 92557.

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EXHIBIT “B”
BUDGET

Budget Category CDBG
Agency Administration Staff Salaries $0
Program Staff Salaries & Benefits $0
Program Supplies - Food (Consumable
Supplies for Program)
$20,000
Rent/Lease $0
Communications $0
Utilities $0
Insurance $0
Professional Services $0
Total $20,000
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EXHIBIT “C”

POLICIES AND REGULATIONS

The City has on file the Family Services Association Riverside County Office on Aging Senior Nutrition Program Operation Standards and also Family Services Association Employee Handbook.
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12774-0102\2659084v2.doc

EXHIBIT “D”

SUBAWARD INFORMATION

1. Subrecipient Name (which must match registered name in DUNS): Family Service Association

2. Subrecipient’s DUNS Number: 79-132-9071

3. Federal Award Identification Number (FAIN): B-19-MC-0600607

4. Federal Award Date (see 2 CFR § 200.39): _____________________________________

5. Subaward Period of Performance Start Date and End Date: 7/1/2023-6/30/2024

6. Amount of Federal Funds Obligated by this Activity: $20,000

7. Total Amount of Federal Funds obligated to Subrecipient: $20,000

8. Total Amount of the Federal Award: ________

9. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): Senior Nutrition Program

10. Name of Federal Awarding Agency: Department of Housing and Urban Development

11. Name of Pass-through Entity and Contact Information for Awarding Official: City of Jurupa Valley, rod R. Butler, City Manager, (951) 332-6464, [email protected]

12. Catalog of Federal Domestic Assistance (CFDA) Number and Name: 14.28 CDBG

13. Identification of whether the Award is Research & Development: Not applicable

14. Indirect Cost Rate for the Federal Award: Not applicable

2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT

PUBLIC SERVICE GRANT APPLICATION
Application is due 3:00 PM January 31, 2023
Late Applications will not be accepted
Submit 2 original applications & back up documentation to:

Amy Sells
Jurupa Valley City Hall
8930 Limonite Ave., Jurupa Valley CA 92509
AND
Email the completed application form to: [email protected] Check each item included in your application package . Ensure an authorized representative signs the application certification. Ensure all required text fields & applicable boxes are completed or checked (click on applicable box to insert text or check mark; “Tab” from field to field; avoid using hard returns within text boxes). Text fields are limited in space so ensure responses are concise.

Do not submit testimonials, letters of support, or program literature

MODIFIED APPLICATIONS WILL NOT BE ACCEPTED
Organization Name: Family Service Association
Program Name: Senior Nutrition Program
CDBG Amount Requested: $20,000
....... Application
....... Attachment A: Proposed Budget
....... Attachment B: CDBG Funded Personnel
....... IRS Tax Exempt Documentation
....... Most Recent Financial Audit & 990 Tax Filing

City of Jurupa Valley 2023-2024 Public Service Grant Application November 16, 2022

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1. APPLICANT GENERAL INFORMATION
A. Organization Legal Name: Family Service Association
B. Address: 21250 Box Springs Rd, Suite 212 Moreno Valley, CA 92557 C. Program Name: Senior Nutrition Program
D. CDBG Amount Requested: $20,000
E. Check the ONE category that best describes the proposed program Elderly/Frail Elderly Services Youth Services
Physically/Developmentally Disabled Services Crime Awareness Persons with HIV/AIDS Services Homeless Services
Fair Housing Services Substance Abuse Services
Severe Mental Illness Services Child Care Services
Other Public Service (specify) Health Services
F. Is this application submitted by a faith-based organization? Yes No
G. L ocation of where service will be provided (i.e., specify if program is citywide, a street address, a school site, etc.): 5888 Mission Boulevard, Riverside, CA 92509 H. Person to contact regarding this application & program administration:

Name: Tom Donahue Email Address: [email protected] Telephone: 951-342-3057 Fax: 951-276-9542
I. Federal Tax ID Number: 95-1803694 K. DUNS Number: 791329071 K. Officials Authorized to Sign Contracts & Expend Funds:

Name: Cheryl-Marie Hansberger Title: CEO

Name: Shannon Gonzalez Title: COO

City of Jurupa Valley 2023-2024 Public Service Grant Application November 16, 2022

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2. APPLICATION SUMMARY (This summary will be used in reports to the City Council & the public) Provide a brief summary of how the proposed program will address a need in Jurupa Valley, your agency’s capacity/experience to carry out the activity & administering CDBG funds, and how CDBG grant funds will be used.

FSA’s Senior Nutrition Program provides seniors with one nutritionally balanced meal Monday – Friday at the Eddie D. Smith Senior Center. Our team prepares and cooks meals at the senior center, adhering to health and safety standards, and provides nutrition- related resources and education.

FSA's Senior Nutrition Program supports the City of Jurupa Valley’s vision of providing Health and Human Services for residents who are most at risk. The main goal of the program is to assist older Americans to live independently by maintaining or improving their physical, psychological or social wellbeing. FSA designed its program to decrease the sense of isolation that many seniors feel by providing them the opportunity for socialization with their peers and daily contact as they receive a nutritious meal.

FSA does not limit or turn away any senior citizen who comes for meal. For most of the seniors who participate in the program, the daily meal they receive is their only source of nutrition for the day and often, their only interaction with others.

3. COMMUNITY NEED
Provide data relevant to the need for the proposed program in Jurupa Valley. Ensure information is specific to the City. Ensure you specifically address how the proposed program will impact the community need or City objectives , and how a serv ice gap will be eliminated/ demonstrably reduced.

FSA is proud to support the City of Jurupa Valley’s efforts to foster a healthy, food secure region.

The Senior Nutrition Program improves health, safety and quality of life for participants in the region. FSA strives to meet the demand for nutrition services in Jurupa Valley and throughout the Inland Empire.

The Senior Nutrition services are so widely utilized by city residents because the program addresses some of the major unmet needs that the elderly population face today. Many older adults live on fixed incomes that force them to choose between paying for rent, utilities, or medication versus paying for groceries. The program provides services to the region’s elderly who are most at-risk due to poverty, geographic isolation, and who have a lack of adequate resources to help them with the complexity of issues related to aging.

City of Jurupa Valley 2023-2024 Public Service Grant Application November 16, 2022

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4. ORGANIZATION CAPACITY & EXPERIENCE

A. State your organization’s experience to carry out the proposed program. Include information regarding length of time providing service, professional qualification of staff (include license, academic credentials, etc.) & other relevant information.

Family Service Association (FSA) is one of the largest and most impactful human service nonprofit organizations serving residents of the Inland Empire. In 1953, the Junior League founded the Family Service Agency to provide counseling services in the City of Riverside. The agency remained dedicated to this mission and single-service until the mid-1980’s when new leadership began the expansion of the scope of services and geographic area. Today, FSA serves thousands of individuals and families each year in the areas of: Behavioral Health, Child Development, Child Abuse Prevention, Community Centers, and Senior Housing, Nutrition and Wellness.

FSA has been providing senior nutrition services in Jurupa Valley since 1987 and has continued to increase our number served. Time and again FSA has demonstrated the ability to step up and provide for the community of Jurupa valley.

In June of 2022, FSA was awarded the honor of Nonprofit of the Year by Senator Rosilicie Ochoa Bogh, Representative of the 23rd District of the California State Legislature. Additionally, FSA received accreditation from the Council on Accreditation in September of 2022, signifying the highest national standards for professional performance.

B. Summarize your organization’s experience administering CDBG public service grant funds.

FSA has received CDBG funds for over 18 years to operate community centers, run programs ranging from health and wellness to case management. We have also been the recipient of Federal grant funds over the last 21 years to operate programs in Education, Health and Human Services, Clinical Mental Health, Housing, and others.

FSA has been fortunate to have received CDBG funding for our Senior Nutrition Services since 2004. FSA currently receives CDBG Funding from tw elve cities in the Inland Empire and from several cities’ general fund budget to support operating the Senior Nutrition Program.

FSA has the following policies and procedures are in place:
• FSA has a formal personnel system in place and written procedures • Staff salary can be tracked by funding source
• Formal written accounting procedures are in place and formal audits are conducted each year.

Additionally, FSA uses a separate revenue account to segregate all CDBG funds received. As a recipient of m ore than $750,000 in federal funds, the agency is also subject to single audit requirements using appropriate professional standards

City of Jurupa Valley 2023-2024 Public Service Grant Application November 16, 2022

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C. List 3 references for 3 grant fund providers that have funded the proposed program. NA

GRANT PROVIDER GRANT PROVIDER CONTACT NAME
TELEPHONE # & EMAIL
GRANT
AMOUNT

DATES COVERED

BY GRANT FUNDS
City of Perris - CDBG
Sara Pavon Cortes
[email protected]
(951) 943 – 5003 Ext 254
$20,000 7/1/22 –
6/30/2023
City of Moreno Valley –
CDBG and CDBG-CV
Funding
Dena Heald
[email protected]
(951) 413-3450
$20,000 7/1/22 –
6/30/2023

City of Chino – CDBG and
CDBG-CV Funding
Pat Cacioppo
[email protected]
(909) 333-3355
$15,000 7/1/22 –
6/30/2023

D. Compliance with 2 CFR Part 200(Single Audit):

1. In any of the past 3 years, has your agency expended more than $750,000 in federal funds during a fiscal year? Yes No

2. During this year(s), did your agency prepare a Single Audit compliant with OMB Circular A -133? Yes No If “Yes” please provide a copy of most recent Single Audit.

City of Jurupa Valley 2023-2024 Public Service Grant Application November 16, 2022

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5. PROGRAM INFORMATION

A. Complete the following budget summary for the proposed program.

1. 2022-2023 Jurupa Valley CDBG Grant Funds Requested: $20,000

2. Total 2022-2023 Program Budget: $206,177

3. Total 2022-2023 Agency Budget: $23,000,000

B. Detail how requested CDBG funds will be utilized (e.g., staff salaries, benefits; program supplies; insurance; direct client assistance, etc.)? Ensure that Attachment B “Proposed Program Budget” is reflective of this outline.

Funding from the City of Jurupa Valley will be allocated towards the cost of food for the program. The COVID-19 pandemic has created instability in our supply chain, dramatically increasing food costs which are a sizable portion of FSA’s senior nutrition expenses.

C. Provide the following information regarding full-time, part -time, contract & volunteer staff that will be utilized to provide the proposed service. (If CDBG funds are requested for any personnel costs, Attachment C “CDBG Funded Personnel” must be completed).

Full-Time Staff: 275 Part-Time Staff: 40
Contract Staff: 3 Volunteers: ~ 500*

*FSA utilizes about 500 volunteers in its programs throughout the year. There are 8 volunteers that support the Senior Nutrition Program at the Eddie D. Smith Center.

D. What percentage of the organization’s total budget is spent on fundraising & overall administration? 13%

E. Provide the following information regarding the number of unduplicated clients that will be served by the proposed program:

1. Total number of unduplicated program clients, regardless of city of residence, that will be service by the program between 7/1/2022 & 6/30/2023? 145 Individuals

2. Total number of unduplicated Jurupa Valley clients that the program will serve by the program between 7/1/2022 & 6/30/2023? 145 Individuals

3. What % of the total program budget will be used to serve unduplicated Jurupa Valley residents? 100%
F. Is this a new program? Yes No If this is not a “New” program, how will this program be expanded from current program efforts? Funding from the City of Jurupa Valley will be used to support the Senior Nutrition Program continue operations and serve a greater number of individuals.

City of Jurupa Valley 2023-2024 Public Service Grant Application November 16, 2022

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6. HUD REQUIREMENTS

Provide the following information regarding the number of individuals to be served by the proposed program & your agency from 7/1/2022 through 6/30/2023:

A. Number of unduplicated Jurupa Valley residents the program will serve with requested CDBG funds? 145 Individuals.

What % of these individuals will be of low/moderate income? 100%

Note: HUD requires that each organization providing services to individuals with CDBG public service grant funds document the size, race/ethnicity & income of assisted households. Income documentation is not required for “presumed beneficiary ” category clients ; however, documentation of “presumed beneficiary” status is required.

Presumed beneficiaries include: abused children, seniors (over 62 years of age), battered spouses, severely disabled adults, homeless persons, illiterate persons, persons with HIV/AIDS, migrant farm workers.

B. Does the proposed program application/intake form collect all HUD-required information? Yes No If “Yes,” how is this information documented? a. Self-Certification
b. Analysis of household income documents such as tax returns/pay checks c. Program serves presumed beneficiary category List category Seniors 62 and older If “No,” how will this information be collected & reported to the City? C. If the proposed service assists the homeless, what percentage of clients are “chronic homeless?” % Not Applicable

HUD defines chronically homeless as:
(1) An individual who:
(i) Is homeless & lives in a place not meant for human habitation, a safe haven, or in an emergency shelter & (ii) Has been homeless & living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least 1 year or on at least 4 separate occasions in the last 3 years, where each homeless occasion was at least 15 days &
(iii) Can be diagnosed with 1 or more of the following conditions: substance use disorder, serious mental illness, developmental disability, post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability;
(2) An individual who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than 90 days & met all of the criteria in paragraph (1) before entering that facility; or (3) A family with an adult head of household (or if there is no adult in the family, a minor head of household) who meets all of the criteria in paragraph (1), including a family whose composition has fluctuated while the head of household has been homeless.

City of Jurupa Valley 2023-2024 Public Service Grant Application November 16, 2022

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D. All CDBG -funded activities are required to provide output (i.e. number of individuals served) & outcome (i.e. anticipated benefit to program recipients) data. All CDBG-funded activities must meet one of HUD’s “objectives” & “outcomes.”

OBJECTIVE - Check the box (only one) that best applies to the proposed program:

Suitable Living Environment – The activity is designed to benefit the community, families, or individuals by address issues in their living environment.

Decent Affordable Housing – The a ctivity is designed to cover a wide range of housing opportunities that meet individual family or community needs.

Creating Economic Opportunities – The a ctivity will generate economic development, commercial revitalization or job creation.

OUTCOMES - Check the box (only one) that best applies to the proposed program.

Availability/Accessibility – The activity makes services, infrastructure, housing or shelter available/accessible to low- & moderate-income people, including individuals with disabilities.

Affordability – The activity provides affordability in a variety of ways for low- & moderate- income people (include s creation or maintenance of affordable housing, basic infrastructure hook-ups or services).

Sustainability (Promoting Livable or Viable Communities) – The activity aims to improve the community or neighborhoods, helps to make them livable or viable by providing benefits to low & moderate-income people, or by removing/eliminating slums/blighted areas.

City of Jurupa Valley 2023-2024 Public Service Grant Application November 16, 2022

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7. CERTIFICATION

I hereby certify that I am authorized to submit this application for CDBG public service grant funding provided by the City of Jurupa Valley (“City”) by the Board of Directors of Family Service Association (“Applicant”). If grant funds are granted, funds will be used solely to benefit low - and moderate-income Jurupa Valley residents. Applicant understands that general liability, auto liability insurance, and workers compensation insurance are required and will be provided per terms of a grant agreement to be executed between the City and the Applicant . Applicant understands that grant funds are provided on a reimbursement basis and will provide appropriate documentation to substantiate expenditures submitted for reimbursement. Grant funds will be administered pursuant to an agreement and are consistent with applicable federal regulations. If the Applicant fails to serve eligible Jurupa Valley residents during the term of the contract, or fails to substantially attain projected accomplishments (defined as at least 75% of projected number of persons to be served), Applicant may be required to repay all or a portion of funds already disbursed to the Applicant by the City and/or forego receipt of additional grant funds. Applicant also certifies that it is in compliance with all local zoning/land use regulations and possesses all required licenses and permits to operate/provide program.

Name: Shannon Gonzalez

Title: Chief Operating Officer

Signature Date

City of Jurupa Valley 2023-2024 Public Service Grant Application November 16, 2022

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ATTACHMENT A
PROPOSED 2022-2023 PROGRAM BUDGET

Program Name: FSA Senior Nutrition Program

BUDGET CATEGORY CDBG OTHER TOTAL
Agency Administration Staff
Salaries & Benefits $ $ $
Program Staff Salaries &
Benefits $ $90,523 $90,523
Program Supplies $ $2,400 $2,400
Rent/Lease $ $ $
Communications $ $ $
Utilities $ $ $
Insurance $ $1,800 $1,800
Professional Services
(Specify) Staff/Volunteer
Recognition
$ $800 $800
Other (Specify)
Food $20,000 $54,970 $74,970
Other (Specify)
Repair & Maintenance $ $14,700 $14,700
Other (Specify) Mileage
$ $720 $720
Other (Specify)
Overhead Expense $ $20,264 $20,264
TOTAL $20,000 $186,177 $206,177

List Source of “Other” Program Funds to be use to Assist JV Residents

SOURCE OF OTHER PROGRAM FUNDS AMOUNT OF OTHER PROGRAM
FUNDS

FUNDS SECURED FOR
FY 22-23 WITH A
CONTRACT?
County of Riverside Office on Aging $178,857 Yes
No
Client Donations (estimated) $6,426 Yes
No
$ Yes
No
$ Yes
No
$ Yes
No
TOTAL $185,283

City of Jurupa Valley 2023-2024 Public Service Grant Application November 16, 2022

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City of Jurupa Valley 2022-2023 Public Service Grant Application December 31, 2021 - 11 -

ATTACHMENT B

CDBG FUNDED PERSONNEL

CHECK BOX IF NOT APPLICABLE

LIST ONLY POSITIONS FOR WHICH YOU ARE REQUESTING 2022-2023 CDBG FUNDING

AGENCY ADMINISTRATION

POSITION TITLE ANNUAL SALARY ANNUAL BENEFITS TOTAL

COMPENSATION

CDBG FUNDS

REQUESTED
% OF TIME POSITION IS

DEDICATED TO JURUPA VALLEY

CDBG ACTIVITY
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %

PROPOSED PROGRAM STAFF

POSITION TITLE ANNUAL SALARY ANNUAL BENEFITS TOTAL

COMPENSATION

CDBG FUNDS

REQUESTED
% OF TIME POSITION IS

DEDICATED TO JURUPA VALLEY

CDBG ACTIVITY
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %

PROPOSED PROGRAM CONTRACT STAFF

POSITION TITLE ANNUAL SALARY ANNUAL BENEFITS TOTAL

COMPENSATION

CDBG FUNDS

REQUESTED
% OF TIME POSITION IS

DEDICATED TO JURUPA VALLEY

CDBG ACTIVITY
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %

City of Jurupa Valley 2022-2023 Public Service Grant Application December 31, 2021 - 12 -

Page | 1
120

STAFF REPORT
DATE: JUNE 1, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD B. BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 13.H

FIRST AMENDMENT TO THE AMENDED AND RESTATED

AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY
OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR

COMMUNITY DEVELOPMENT BLOCK GRANT SERVICES

RECOMMENDATION
That the City Council approve the First Amendment to the Amended and Restated Agreement between the City of Jurupa Valley and GRC Associates, Inc. for Community Development Block Grant Services and authorize the City Manager to execute the First Amendment in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
After receiving initial City Council approval on March 2, 2017, City Staff transitioned the Community Development Block Grant (CDBG) administration from the County of Riverside to City control. The City retained consultants from GRC Assoc iates, Inc. to assist with the process. The process of transitioning services from a regional provider (such as the County of Riverside) to a City -administered system presented many bureaucratic hurdles. The consultants from GRC Associates, Inc., who are f amiliar with the transition process, proved invaluable to the City’s efforts to receive “entitlement status” from the Federal Department of Housing and Urban Development (HUD) and began to independently administer CDBG funds.

On June 7, 2018, the City Coun cil adopted the Consolidated Plan, Annual Action Plan, and Citizen Participation Plan. These planning documents represent key milestones in the City’s transition from a County -administered CDBG process to a City -controlled process. GRC Associates, Inc. led the process to create these documents with input from the City. In subsequent years, GRC assisted the City in operating its own CDBG programs, beginning with the 2018 -2019 CDBG program year, in compliance with HUD requirements.

RETURN TO AGENDA

Page | 2

Prior to the City having “ entitlement status,” the City received a little over $300,000 per year in CDBG funds. As an entitlement city, the City now receives over $1 million per year in CDBG funds.

During 2020, aside from the City receiving its regular share of CDBG funds, an additional two rounds of CDBG -Coronavirus (CDBG -CV) funds were received by the City. T he Coronavirus Aid, Relief and Economic Security Act (CARES Act) was authorized by Congress, which resulted in HUD awarding the City tw o additional rounds of funding CDBG-CV funds, as summarized below:

Year Grant Type Amount
2018 CDBG $1,189,419
2019 CDBG $1,203,797
2020 CDBG $1,194,914
2020 CDBG - CV1 $702,928
2020 CDBG - CV3 $664,209
2021 CDBG $1,157,789
2022 CDBG $1,112,960
2023 CDBG 1,091,728

ANALYSIS
Since 2017, GRC has prepared key documents for the City to qualify for CDBG funds, such as the Consolidated Plan, Annual Action Plan, Citizen Participation Plan, the Consolidated Annual Performance and Evaluation Report (CAPER) , various environmental docum ents, and provided Integrated Disbursement Information System (IDIS) consulting services to City staff .

The amounts of their contracts have varied throughout the years based on their standard contract amount plus additional work due to new programming, two rounds of COVID-19

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funding and /or the additional work required to implement these programs. These programs required monitoring the work, process, progress and other reporting similar to the City’s CDBG program.

Last year , was the sixth year since the Cit y of Jurupa Valley became an entitlement community. As required by the Department of Housing and Urban Development, the City must complete a new Consolidated Plan every five years. The Consolidated Plan established housing, community development, homelessn ess, economic development needs and the community action over the next five -year period. The Consolidated Plan assessed the existing community needs, developed new strategies and incorporated performance measures as required by HUD regulations. The five-year plan was extensive and an additional $40,000 for a total of $95,000 for FY 2022 -23. This year for FY 2023- 24, the total budget for administration is the standard contract amount of $55,000.

Term Term Period Term Budget
Initial Agreement March 2, 2017 – June 30, 2018 $70,000 Second Extension July 1, 2018 – June 30, 2019 $40,000
Third Extension July 1, 2019 – June 30, 2020 $40,000
Fourth Extension July 1, 2020 – June 30, 2021 $45,000
Fifth Extension July 1, 2021 – June 30, 2022 $55,000
Amended and Restated July 1, 2022 – June 30, 2023 $95,000 First Amendment to Amended July 1, 2023 – June 30, 2024 -
$55,000

FINANCIAL IMPACT

The City’s 202 3-24 Annual Action Plan provides ongoing administrative costs with the CDBG program. All costs related to the administrative services of CDBG are recoverable through the City’s 2023-24 CDBG allocation.

ALTERNATIVES

1. Do not approve the Amended and Restated Agreement between the City of Jurupa Valley and GRC Associates, Inc. for Community Development Block Gr ant (CDBG) services.

2. Provide alternate direction to Staff.

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FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR

CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT

SERVICES

THIS AGREEMENT is made and effective as of July 1, 2023, between the City of Jurupa Valley (“City”) and GRC Associates, Inc., a California corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Recitals
This Agreement is made with respect to the following facts and purposes:

A. On March 2, 2017, the City and Consultant entered into that certain Agreement entitled “AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT SERVICES (the “Original Agreement”).

B. On March 15, 2018 the parties entered into that certain First Amendment to the Original Agreement.

C. On August 16, 2018 the parties entered into that certain Second Amendment to the Original Agreement.

D. On April, 2019 the parties entered into that certain Third Amendment to the Original Agreement.

E. On July 14, 2020 the parties entered into that certain Fourth Amendment to the Original Agreement.

F. On June 17, 2021 the parties entered into that certain Fifth Amendment to the Original Agreement.

G. The Original Agreement, as amended, shall collectively be referred to as the “Agreement.”
H. The parties now desire to further amend and restate that Agreement as provided herein.

I. On June 1, 2023 the parties entered into that certain First Amendment to the Amended and Restated.

2. Term
This Agreement shall commence on March 2, 2017, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in

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no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

3. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. .

4. Performance
Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

5. Payment
A. The City agrees to cause Consultant to be paid monthly, based upon actual time spent on the above tasks. This amount shall not exceed the following amounts for the specified periods, unless additional payment is approved by the City Council:
1) Seventy thousand dollars ($70,000) for the period of March 2, 2017 to June 30, 2018; 2) Forty thousand dollars ($40,000) for the period of July 1, 2018 to June 30, 2019; 3) Forty thousand dollars ($40,000) for the period of July 1, 2019 to June 30, 2020; 4) Forty-five thousand dollars ($45,000) for the period of July 1, 2020 to June 30, 2021; 5) Fifty-five thousand dollars ($55,000) for the period of July 1, 2021 to June 30, 2022; 6) Ninety-five thousand dollars ($95,000) for the period of July 1, 2022 to June 30, 2023; 7) Fifty-five thousand ($55,000) for the period of July 1, 2023 to June 30, 2024, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full.

B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.

C. Consultant shall submit invoices monthly for actual services performed.

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shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

6. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.

7. Default Of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.

B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities

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related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. Indemnification.

Consultant shall defend, hold harmless and indemnify the City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”) with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.

10. Insurance Requirements.

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c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.

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5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.

C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements.

D. V erification of Coverage . Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

E. M
odifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.

11. I
ndependent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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12. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

13. Confidentiality; Release Of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.

14. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub-consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.

15. General Provisions
A. Notices
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: City Manager

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To Consultant: GRC Associates, Inc.
8060 Florence Avenue, Suite 303
Downey, CA 90240
Attention: Robert G. Vasquez
B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

C. G overning Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

E. E
ntire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

F. T
ime is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.

G. A uthority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF JURUPA VALLEY

Chris Barajas, Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM

Peter M. Thorson
City Attorney

CONSULTANT

By:

Name:

Title:

By:

Name:

Title:

[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]

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EXHIBIT A

SCOPE OF SERVICES
A. SCOPE OF SERVICES – CDBG ADMINISTRATIVE SERVICES
The proposed scope of work will consist of the following key tasks:

1. CDBG Activities: Consultant staff will continue to provide technical services to determine eligible and ineligible CDBG activities such as eligible project cost, eligible administrative and planning costs, and similar program criteria expertise.

2. F ederal Requirements: Consultant staff will continue to provide technical assistance on other federal requirements including: affirmative marketing, minority outreach, environmental review, displacement, relocation, acquisition, opportunity, disclosure requirements, debarred, suspended, or ineligible contractors, and drug-free work place.

3. ID
IS - Program Administration: Consultant staff will continue to provide assistance with Agreements, Program Integrated Disbursement Information System (IDIS), Program income technical services and GRC will assist in providing inspections, audit, close -out, record-keeping, and performance reports.

4. Publ
ic -Private Partnerships: Consultant staff has the expertise to provide technical assistance in the review of private -public partnerships, site and neighborhood standards, income determinations, and similar program criteria.

5. U nderwriting Assignments: Consultant staff can provide technical assistance in evaluating affordable housing projects, including maximum subsidy per unit, underwriting requirements, and subsidy layering.

6. A
nnual Action Plan and CAPER: Consultant staff will continue to prepare all required HUD reports such as the Annual Action Plan and the
Consolidated Annual Performance Evaluation Report (CAPER).

7. A
mendments: GRC consultant staff will continue to provide technical assistance to amend the Consolidated Plan, Action Plan, Citizen Participation Plan and/or getting HUD approvals, as necessary.

8. Publ
ic Hearings: Consultant staff will continue to attend necessary City Council and/or Public Hearings and respond to HUD follow-up questions needed to receive the necessary HUD approvals.

9. ID IS: Consultant staff will prepare, update and maintain the City’s project and activity information provide to HUD’s mainframe IDIS System.

10. I DIS Training: Consultant staff will provide training services to City Staff on IDIS and HUD regulations and requirements.

11. A udit Consultation: In the future, Consultant staff will gather available and necessary documents for HUD audits, act as a liaison between HUD and the City, and prepare the follow-up correspondence.

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12. HUD Audit Responses: Consultant staff can provide technical expertise in responding to any HUD audit findings and/or concerns, take corrective actions, answer questions, and follow up with any other information as requested and/or needed.

13. C ustomer Service: Consultant staff will provide a high standard of care and support to internal customers (such as City elected officials and City staff) and external customers (such as residents, business owners, contractors, developers and staff from municipal, state and federal agencies). Consultant team has staff that speaks Spanish fluently, in case this language is needed by some City of Jurupa Valley residents, regarding responding to their CDBG-related questions and issues.

14. O
ngoing Consultation Services: Consultant staff will provide day-to-day administration, consultation, and coordination with HUD, advise staff of federal and state program compliance issues, prepare amendments to the Consolidated Plan, recommend approval of HUD allowed expenditures, recommended updates for future programs, and other Program brochures, forms, and other reference materials.

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EXHIBIT B

QUOTATION FOR SERVICE

CDBG Administrative Budget: GRC proposes a budget of $55,000, the same budget amount as the previous fiscal year, based on a times and materials basis, billed at hourly rates of $120 per hour for Robert G. Vasquez and Mike Linares, with an hourly rate of $60 per hour for support staff.

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AMENDED AND RESTATED AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR

COMMUNITY DEVELOPMENT BLOCK GRANT SERVICES

THIS AGREEMENT is made and effective as of July 1, 2022, between the City of Jurupa Valley (“City”) and GRC Associates, Inc., a California corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Recitals
This Agreement is made with respect to the following facts and purposes:

B. On March 15, 2018 the parties entered into that certain First Amendment to the Original Agreement.

C. On August 16, 2018 the parties entered into that certain Second Amendment to the Original Agreement.

D. On April, 2019 the parties entered into that certain Third Amendment to the Original Agreement.

E. On July 14, 2020 the parties entered into that certain Fourth Amendment to the Original Agreement.

F. On June 17, 2021 the parties entered into that certain Fifth Amendment to the Original Agreement.

G. The Original Agreement, as amended, shall collectively be referred to as the “Agreement.”
H. The parties now desire to further amend and restate that Agreement as provided herein.

2. Term
This Agreement shall commence on March 2, 2017, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

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3. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. .

5. Payment
A. The City agrees to cause Consultant to be paid monthly, based upon actual time spent on the above tasks. This amount shall not exceed the following amounts for the specified periods, unless additional payment is approved by the City Council:
1) Seventy thousand dollars ($70,000) for the period of March 2, 2017 to June 30, 2018; 2) Forty thousand dollars ($40,000) for the period of July 1, 2018 to June 30, 2019; 3) Forty thousand dollars ($40,000) for the period of July 1, 2019 to June 30, 2020; 4) Forty-five thousand dollars ($45,000) for the period of July 1, 2020 to June 30, 2021; 5) Fifty-five thousand dollars ($55,000) for the period of July 1, 2021 to June 30, 2022; 6) Ninety-five thousand dollars ($95,000) for the period of July 1, 2022 to June 30, 2023, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full.

C. Consultant shall submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

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B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. Indemnification.

10. Insurance Requirements.

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performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

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To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: City Manager

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F. T
ime is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF JURUPA VALLEY

Chris Barajas, Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM

Peter M. Thorson
City Attorney

CONSULTANT

By:

Name:

Title:

By:

Name:

Title:

[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]

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EXHIBIT A

SCOPE OF SERVICES
A. SCOPE OF SERVICES – CDBG ADMINISTRATIVE SERVICES
The proposed scope of work will consist of the following key tasks:

6. A
nnual Action Plan and CAPER: Consultant staff will continue to prepare all required HUD reports such as the Annual Action Plan and the
Consolidated Annual Performance Evaluation Report (CAPER).

7. A
mendments: GRC consultant staff will continue to provide technical assistance to amend the Consolidated Plan, Action Plan, Citizen Participation Plan and/or getting HUD approvals, as necessary.

8. Publ
ic Hearings: Consultant staff will continue to attend necessary City Council and/or Public Hearings and respond to HUD follow-up questions needed to receive the necessary HUD approvals.

9. ID IS: Consultant staff will prepare, update and maintain the City’s project and activity information provide to HUD’s mainframe IDIS System.

10. I DIS Training: Consultant staff will provide training services to City Staff on IDIS and HUD regulations and requirements.

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B. SCOPE OF SERVICES – CONSOLIDATED PLAN AND RELATED DOCUMENTS The proposed scope of work will consist of the following key tasks:

1.Consolidated Plan: The Consolidated Plan is a process and report required by HUD for cities receiving CDBG and other HUD funds. It establishes housing, community development, homeless, economic development needs and the community action over the next five -year period. The Consolidated Plan will assess the existing community needs, develop new strategies, and incorporate performance measures as required by HUD regulations. The tasks required to complete each component is described below:

A. Needs Assessment.

The Needs Assessment section of the Consolidated Plan provides a profile of the community with a description of the existing conditions, trends, available resources and housing issues. In addition, this section examines the community’s need for affordable housing, the extent of homelessness and the population with special needs.

Community Profile : Information from the adopted Housing Element, Census, American Community Survey and Riverside COG will be used to describe the community’s characteristics. The profile will include:
▪ Demographics (racial and ethnic composition and concentrations, age). ▪ Household characteristics (income, household size, overcrowding). ▪ Employment trends (major employers and occupation of residents). ▪ Homeless population and their needs.
▪ Special needs population (large households, single -person households, female-headed households, elderly, persons with disabilities, people with HIV/AIDS, alcohol/drug addiction).
▪ Estimated number of units with lead-based paint.

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Community Needs: This section describes the City’s community and economic development needs, including:
▪ Public infrastructure improvements (water services and streets). ▪ Public facilities (parks and recreational facilities). ▪ Public safety and services (anti-crime programs).
▪ Economic development.

B. Housing Market Analysis
This section discusses the characteristics of the housing supply in Jurupa Valley and the implications of the housing market with respect to housing programs.

Topics include:
▪ Housing type, condition, and location.
▪ Household tenure.
▪ Costs to buy, rent and construct.
▪ Financial resources.
▪ Concentration of low-income households and minority populations. ▪ Type and location of public housing.
▪ Inventory of facilities and services for special needs and the homeless. ▪ Barriers to affordable housing (housing market conditions and constraints, government constraints – zoning and development standards, permit processing, fees).

C. Strategic Plan
GRC will assist City staff develop goals, policies, objectives and act ions in addressing the housing and community development needs. The Strategic Plan will include:
▪ Resources available for housing and community development activities (CDBG, HOME, Section 8 Rental Assistance, to name a few). ▪ Priorities for assisting households.
▪ Strategies and activities to assist those households in need. ▪ Special objectives identifying proposed accomplishments.

Each Jurupa Valley program will be identified with a description and purpose, five- year objective, funding sources and responsible agency. It will be presented in a manner similar to the programs in the Housing Element.

Programs will include:
▪ Maintenance and provision of affordable housing.
▪ Housing assistance and development.
▪ Homeless needs.
▪ Public improvements and community services.
▪ Lead-based paint reduction strategy.

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12774-0102\2660634v2.doc
▪ Health and safety code enforcement.
▪ Institutional structure.
▪ Economic development.
▪ Public housing resident initiatives.

2. First Year Action Plan: The first Action Plan will include:
▪ List of funding sources available to meet the one-year objectives. ▪ Proposed CDBG projects and the amount of available funds. ▪ List of activities and programs for each priority item, such as housing preservation and improvement. Each activity will include a description of the program, its one -year objective, benefit, geographic distribution, responsible agency and level of priority.
▪ Discuss affordable housing, public housing, homeless and special needs and barriers.
▪ Description of the citizen participation process and the monitor process in tracking the City’s progress towards implementing the strategies in the Consolidated Plan.

3. Updating the Citizen Participation Plan: The Citizen Participation Plan was prepared to comply with HUD’s requirement that local governments must pro vide citizens with reasonable advance notice of and opportunity to comment on proposed activities. The Citizen Participation Plan includes, but not limited to: public hearing requirements and dates of plan adoption; policies for providing technical assistance; policies for providing citizens an opportunity to comment on performance reports for project activities; and procedures for comments, objections and complaints. GRC will review and update the City’s current Citizen Participation Plan.

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12774-0102\2660634v2.doc

EXHIBIT B

QUOTATION FOR SERVICE

Proposal

SCOPE OF SERVICES

A. SCOPE OF SERVICES – CDBG ADMINISTRATIVE SERVICES

The proposed scope of work will consist of the following key tasks:

1. CDBG Activities: Consultant staff will continue to provide technical services to determine eligible and in eligible CDBG activities such as eligible project cost, eligible administrative and planning costs, and similar program criteria expertise.

2. Federal Requirements: Consultant staff will continue to provide technical assistance on other federal requirements including: affirmative marketing, minority outreach, environmental review, displacement, relocation, acquisition, opportunity, disclosure requirements, debarred, suspended, or ineligible contractors, and drug-free work place.

3. IDIS - Program Administration: Consultant staff will continue to provide assistance with Agreements, Program Integrated Disbursement Information System (IDIS), Program income technical services and GRC will assist in providing inspections, audit, close -out, record-keeping, and performance reports.

4. Public-Private Partnerships: Consultant staff has the expertise to provide technical assistance in the review of private -public partnerships, site and neighborhood standards, income determinations, and similar program criteria.

5. Underwriting As signments: Consultant staff can provide technical assistance in evaluating affordable housing projects, including maximum subsidy per unit, underwriting requirements, and subsidy layering.

6. Annual Action Plan and CAPER: Consultant staff will continue to pr epare all required HUD reports such as the Annual Action Plan and the
Consolidated Annual Performance Evaluation Report (CAPER).

7. Amendments: GRC consultant staff will continue to provide technical assistance to amend the Consolidated Plan, Action Plan, Citizen Participation Plan and/or getting HUD approvals, as necessary.

8. Public Hearings: Consultant staff will continue to attend necessary City Council and/or Public Hearings and respond to HUD follow -up questions needed to receive the necessary HUD approvals.

9. IDIS: Consultant staff will prepare, update and maintain the City’s project and activity information provide to HUD’s mainframe IDIS System.

10. IDIS Training: Consultant staff will provide training services to City Staff on IDIS and HUD regulations and requirements.

11. Audit Consultation: In the future, Consultant staff will gather available and necessary documents for HUD audits, act as a liaison between HUD and the City, and prepare the follow-up correspondence.

13. Customer Service: Consultant staff will provide a high stan dard of care and support to internal customers (such as City elected officials and City staff) and external customers (such as residents, business owners, contractors, developers and staff from municipal, state and federal agencies). Consultant team has staff that speaks Spanish fluently, in case this language is needed by some City of Jurupa Valley residents, regarding responding to their CDBG-related questions and issues.

14. Ongoing Consultation Services: Consultant staff will provide day -to-day administration, consultation, and coordination with HUD, advise staff of federal and state program compliance issues, prepare amendments to the Consolidated Plan, recommend approval of HUD allowed expenditures, recommended updates for future programs, and other Program brochures, forms, and other reference materials.

EXHIBIT A

QUOTATION FOR SERVICE
GRC proposes a total budget of $95,000 for CDBG and Assessment of Fair Housing tasks. This budget would consist of the following:

A. CDBG Administrative Budget: GRC proposes a budget of $55,000, the same budget amount as the previous fiscal year, based on a times and materials basis, billed at hourly rates of $120 per hour for Robert G. Vasquez and Mike Linares, with an hourly rate of $60 per hour for support staff.
120

STAFF REPORT
DATE: JUNE 1, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD B. BUTLER
SUBJECT: AGENDA ITEM NO. 13.I
AGREEMENT WITH GRC ASSOCIATES, INC. FOR ANALYSIS OF

IMPEDIMENTS TO FAIR HOUSING CHOICE STUDY

RECOMMENDATION
1) That the City Council approve the Agreement by and between the City of Jurupa Valley and GRC Associates, Inc. for the Analysis of Impediments to Fair Housing Choice Study and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
In accordance with the City’s CDBG entitlement program, the Federal Department of Housing & Urban Development (“HUD”) requires communities to perform an Analysis of Impediments to Fair Hous ing Choice Study (“AI”) every five years. The AI document outlines fair housing concerns, such as discrimination in lending practices or governmental barriers to housing that disproportionally impact persons who belong to state and federally identified protected classes.

HUD identifies impediments to fair housing choice as:
 Any actions, omissions, or decisions taken because of race, color, ancestry, national origin, religion, sex, disability, marital status, familial status, or any other arbitrary factor which restrict housing choices or the availability of housing choices; or
 Any actions, omissions, or decisions which have the effect of restricting housing choices or the availability of housing choices on the basis of race, color, ancestry, national origin, religion, sex, disability, marital status, familial status, or any other arbitrary factor.

RETURN TO AGENDA

Page | 2

The AI assesses how a variety of conditions in a community may contribute to instances of housing discrimination based on the aforementioned factors. Specific conditions such as laws, governmental policies, housing planning and practices, and lending activities can result in impediments to fair housing choice. The purpose of the AI is to identify those conditions and determine what potential actions could mitigate or eliminate the effects of those conditions.

This is a highly specialized service that obligates the City to enter into an agreement with a consultant that is familiar with fair housing studies. The consultant will need to perform a series o f activities to generate the necessary data to complete the AI. Some of the major activities will be:
 Perform a holistic review of all federal, state, and local laws that potentially contribute to fair housing choice impediments in the City of Jurupa Valley.

 Assess the City of Jurupa Valley’s long-term planning documents and policies related to housing (planning process, zoning, land-use policies, etc.).

 Examine private lending data generated through the Home Mortgage Disclosure Act (“HDMA”) and the provision of brokerage services, mortgage lending, underwriting and insurance sales, property appraisal, and property management.

 Conduct a cross section of interviews with key housing policy stakeholders in the City such as the City Manager, Planning Director, economic development staff, Chief Building Official, code enforcement staff, Riverside County Sheriff’s Department staff, residential developers operating within the City, Fair Housing Council of Riverside County (contracted by the City of Jurupa Valley), and other key stakeholders identified by the consultant.

 Organize up to two community meetings to facilitate discussion, gather evidence, and present information related to the AI.

 Generate a final report that includes research findings, impediments to fair housing choice (if identified), and potential mitigation or elimination remedies.

Present final report to the City Council.

Once completed, the AI will be valid for five years, covering the time period of 2019-2023.

ANALYSIS

The previous AI was completed in 2019 and was valid for the years 2019-2023. GRC will collect, analyze, and prepare a descriptive profile of Jurupa Valley. The profile will include demographic, socioeconomic and housing characteristics, trends and projecti ons. The City Profile will include tables, charts and GIS maps. In addition, this task will involve:

Page | 3

▪ Review of the current AI;
▪ Review of Jurupa Valley's Consolidated Plan (which was recently prepared by GRC), City’s previous AI and Housing Element;
▪ Census information analysis, especially the most recent American Community Survey (ACS) data. In order to have consistency of information, the same data sources will be used for comparison purposes;
▪ Use of the HUD CPD mapping tool to analyze and illustrate geographic patterns and relationships.
▪ Describe public housing programs available to low/moderate income residents -- Section 8 Housing Choice Voucher program and Public Housing program and other c ommunity-based programs (emergency shelters, transitional and supportive housing)
▪ Describe the rental and ownership housing market.
▪ Describe the existing and proposed public transit system within City and the connection to the regional system.

B. Mortgage Lending Practices
GRC will analyze and describe the lending policies, requirements and practices of financial institutions and the access to home loans for ethnic minorities of all income groups, as required by HUD.

▪ Housing Element policies and housing and land use -related policies identified in other elements of the City’s General Plan. All policies should advance the goals of the Civil Rights Act of 1964 and the Fair Housing Act. ▪ Review and assess other barriers for fair housing, including administrative policies affecting housing activities or community development resources for areas of minority concentration and for persons with disabilities. ▪ Review and assess planning and development approval process, including the length of time required, fees, and CEQA.
▪ Community representation on planning and zoning boards and commissions.

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▪ Examine fair housing services and the level of outreach available for Jurupa Valley residents.
▪ Interview the City's fair housing service provider to assess additional steps being taken to promote fair housing choice, especially to Section 8 tenants.

E. Action Plan
The Action Plan includes a summary of conclusions and findings of potential impediments in the City. The Action Plan also reviews the progress in implementing action programs identified in the City’s previous AI. Finally, the Action Plan will identify recommendations and implementation programs to address the impediment finds.

The Action Plan will include:
▪ Summary of the common problems and barriers to fair housing found in the City.

Also, specific conclusions and impediments will be identified for Jurupa Valley.

This may include racial/ethnic and income concentrations, housing affordability and public transit accessibility, housing conditions, access to home financing, and fair housing complaints.
▪ Evaluate the effectiveness of previous actions in the City’s AI in eliminating impediments to fair housing.
▪ Finally, the Action Plan will highlight housing impediments identified in this AI, and propose actions and a timeframe for implementation. The proposed actions will be specific to Jurupa Valley.
▪ Appendix, including all contacts, forum participants, survey sample and tabulation report from the City’s fair housing service provider over the last five years, as well as letters from various state and federal agencies.

TIMELINE – CDBG ADMINISTRATIVE AND ASSESSMENT OF FAIR HOUSING

SERVICES
GRC proposes to complete Jurupa Valley’s CDBG administrative consulting services and Assessment of Fair Housing over the next fiscal year period - July 1, 2023 to June 30, 2024.

City Staff is recommending to establish a not -to-exceed budget of $ 40,000 to cover the cost of conducting the AI. All costs are reimbursable under the administrative allocation of the City’s CDBG funds for the 2023-2024 program year.

FINANCIAL IMPACT

The consultant costs of performing the AI study are reimbursable to the City from the administrative allocation of th e City’s CDBG funds for the 2023 -2024 program year.

These activities are funded through the City’s CDBG Special Revenue Account 240-2400- 54110.

Page | 5

ALTERNATIVES

1. Do not authorize staff to proceed with forming an Agreement with the GRC Associates, Inc.

2. Provide alternate director to staff.

************************** SIGNATURES ON FOLLOWING PAGE **************************

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12774-0102\2290589v1.doc

AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR ANALYSIS OF IMPEDIMENTS TO

FAIR HOUSING CHOICE STUDY
THIS AGREEMENT is made and effective as of June 1, 2023, between the City of Jurupa Valley (“City”) and GRC Associates, Inc. a California corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Term
This Agreement shall commence on July 1, 2023, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than June 30, 2024 unless sooner terminated pursuant to the provisions of this Agreement.

2. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. Performance
Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed forty thousand dollars ($40,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

C. Consultant shall submit invoices monthly for actual services performed.

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shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

5. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

6. Default Of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.

7. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities

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related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.

8. Indemnification.

9. Insurance Requirements.

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c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.

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5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.

10. I
ndependent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

11. Legal Responsibilities

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The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

12. Confidentiality; Release Of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

13. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub-consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.

14. General Provisions
A. Notices
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: City Manager

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C. G
overning Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

F. T
ime is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

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CITY OF JURUPA VALLEY

Chris Barajas, Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM

Peter M. Thorson
City Attorney

CONSULTANT

By:

Name:

Title:

By:

Name:

Title:

[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]

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EXHIBIT A

SCOPE OF SERVICES
The goal of the Assessment of Fair Housing (AFH) is to conduct a comprehensive examination of Jurupa Valley’s ability to provide its residents fair housing choices regardless of race, color, religion, sex, disability, familial status or national origin. The AFH development process will comply with the latest HUD requirements and the following tasks are planned to be completed, as required by HUD:

A. City Profile
GRC will collect, analyze and prepare a descriptive profile of Jurupa Valley. The profile will include demographic, socioeconomic and housing characteristics, trends and projections. The City Profile will include tables, charts and GIS maps. In addition, this task will involve:
▪ Review of the current County AI;
▪ Review of Jurupa Valley's Consolidated Plan (which was recently prepared by GRC), City’s previous AI and Housing Element;
▪ Census information analysis, especially the most recent American Community Survey (ACS) data. In order to have consistency of information, the same data sources will be used for comparison purposes;
▪ Use of the HUD CPD mapping tool to analyze and illustrate geographic patterns and relationships.
▪ Describe public housing programs available to low/moderate income residents -- Section 8 Housing Choice Voucher program and Public Housing program and other community -based programs (emergency shelters, transitional and supportive housing) ▪ Describe the rental and ownership housing market.
▪ Describe the existing and proposed public transit system within City and the connection to the regional system.

C. Public Policies and Practices
This section will present the various public policies that could influence fair housing choices in Jurupa Valley. After reviewing the General Plan, zoning ordinance, Consolidated Plan and Housing Element, the team will evaluate the potential impediments to fair housing choice and affordable housing development.
▪ Housing Element policies and housing and land use -related policies identified in other elements of the City’s General Plan. All policies should advance the goals of the Civil Rights Act of 1964 and the Fair Housing Act.

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▪ Review and assess other barriers for fair housing, including administrative policies affecting housing activities or community development resources for areas of minority concentration and for persons with disabilities.
▪ Review and assess planning and development approval process, including the length of time required, fees and CEQA.
▪ Community representation on planning and zoning boards and commissions.

D. Fair Housing Practices
▪ Discuss fair housing practices in the homeownership and rental housing market. ▪ Analyze information on discrimination cases, complaints, findings and actions provided by fair housing services. Information may be obtained from the State Department of Fair Employment and Housing, the federal Fair Housing Enforcement Center, and the City’s current fair housing service provider.
▪ Examine fair housing services and the level of outreach available for Jurupa Valley residents. ▪ Interview the City's fair housing service provider to assess additional steps being taken to promote fair housing choice, especially to Section 8 tenants.

E. Action Plan
The Action Plan includes a summary of conclusions and findings of potential impediments in the City.

The Action Plan also reviews the progress in implementing action programs identified in the City’s previous AI. Finally, the Action Plan will identify recommendations and implementation programs to address the impediment finds.

The Action Plan will include:
▪ Summary of the common problems and barriers to fair housing found in the City. Also, specific conclusions and impediments will be identified for Jurupa Valley. This may include racial/ethnic and income concentrations, housing affordability and public transit accessibility, housing conditions, access to home financing, and fair housing complaints. ▪ Evaluate the effectiveness of previous actions in the City’s AI in eliminating impediments to fair housing.
▪ Finally, the Action Plan will highlight housing impediments identified in this AI, and propose actions and a timeframe for implementation. The proposed actions will be specific to Jurupa Valley.
▪ Appendix, including all contacts, forum participants, survey sample and tabulation repo rt from the City’s fair housing service provider over the last five years, as well as letters from various state and federal agencies.

TIMELINE – CDBG ADMINISTRATIVE AND ASSESSMENT OF FAIR HOUSING SERVICES GRC proposes to complete Jurupa Valley’s CDBG administrative consulting services and Assessment of Fair Housing over the next fiscal year period- July 1, 2023 to June 30, 2024.

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EXHIBIT B

QUOTATION FOR SERVICE

A. Preparation of Fair Housing Plan (2024-2029) and Related Documents: GRC proposes a total budget of $40,000, as delineated in the following budget:

Fully
Burdened
Hourly Sub
Ta
sk Staff Hours Rate Total Total
Project Management
R. G. Vasquez 16 120 1, 920
M. Linares 4 120 480
Support Staff 6 60 360
Sub-Total 26 2,760$
Public Participation
R. G. Vasquez 40 120 4, 800
Support Staff 40 60 2,400
Sub-Total 80 7,200$
TASK A: City Profile
R. G. Vasquez 34 120 4, 080
M. Linares 4 120 480
Support Staff 12 60 720
Sub-Total 50 5,280$
TASK B: Mortgage Lending
Practices
R. G. Vasquez 24 120 2, 880
Support Staff 4 60 240
Sub-Total 28 3,120$
TASK C: Public Policies and
Practices
R. G. Vasquez 28 120 3, 360
M. Linares 4 120 480
Support Staff 4 60 240
Sub-Total 36 4,080$
TASK D: Fair Housing Practices
R. G. Vasquez 26 120 3, 120
M. Linares 4 120 480
Support Staff 4 60 240
Sub-Total 34 3,840$
TASK E: Action Plan
R. G. Vasquez 88 120 10, 560
M. Linares 8 120 960
Support Staff 37 60 2,220
Sub-Total 133 13,740$
Total 387 40,020$
Grand Total (Rounded) 40,000$
Direct Costs - such as mortgage data and other as required by HUD - to be billed at cost Cost Budget

CITY OF JURUPA VALLEY - ASSESSMENT OF FAIR HOUSING
Page | 1
120

STAFF REPORT
DATE: JUNE 1, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 13.J

AGREEMENT WITH FAIR HOUSING COUNCIL OF RIVERSIDE
COUNTY, INC. FOR FAIR HOUSING PROGRAM SERVICES

RECOMMENDATION

1. That the City Council approve the Agreement by and between the City of Jurupa Valley and the Fair Housing Council of Riverside County, Inc. for Fair Housing Program Services for an amount not to exceed $40,000 annually and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
The City Council approved the first agreement by and between the Fair Housing Council of Riverside County, Inc. (“Fair Housing Council”) and the City of Jurupa Valley on June 7, 2018. The purpose of that agreement was to facilitate the provision of fair housing services and a landlord/tenant mediation program. HUD requires entitlement cities to offer this service. When the County of Riverside administered the City’s CDBG funds, they contracted with the Fair Housing Council for the provision of these services. On May 2, 2019, the City Council approved a subsequent agreement by and between the Fair Housing Council and the City of Jurupa Valley for the 2019-20 CDBG program year.

On March 10, 2020, the City issued a Request for Proposals (RFP) fo r Fair Housing Services. T he RFP issued on March 10, 2020 provide d the opportunity for the City to extend the term of the agreement for up to three years. The City received one proposal by the April 1, 2020 deadline. The proposal that the City received was from the Fair Housing Council. The approved Annual Action Plans provided a $25,000.00 budget for fair housing services for the 2020-2023 CDBG program years.

RETURN TO AGENDA

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ANALYSIS

Since 2018, Fair Housing Council has provided housing counseling , discrimination investigations, and landlord/tenant dispute resolution counseling to all residents. They have increased their services to include a First Time Home Buyers Workshop that they currently host at their Riverside location; however, they anticipate expanding the class to provide a specific class in Jurupa Valley. They offer credit counseling, foreclosure prevention and training on the Fai r Housing Laws for our City Officials. They have a dedicated team who provide outreach and education at events within Jurupa Valley or at the specific request of an organization and all services are free of charge.

Due to rising expenses involved with the ir services that they provide for the residents in Jurupa Valley, they estimate their costs for each of the next three years to be $40,000 annually. This new contract provides the City the opportunity to extend the term of the agreement for up to three years.

FINANCIAL IMPACT

The City’s 2023 -24 Annual Action Plan provides ongoing administrative costs with the CDBG program. All cos ts related to the Fair Housing Council services of CDBG are recoverable through the City’s CDBG allocation each year.

ALTERNATIVES

1. Do not approve the Agreement with the Fair Housing Council of Riverside County, Inc.

2. Provide alternate direction to Staff.

************************** SIGNATURES ON FOLLOWING PAGE **************************

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COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT
FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY, INC.
(Fair Housing Program)
THIS AGREEMENT is made and entered into as of June 1, 2023, by and between the CITY OF JURUPA VALLEY, a California municipal corporation (“City”) and FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY, INC. , a California non- profit corporation (“Subrecipient”). In consideration of the mutual covenants set forth herein, and the mutual benefits to be derived there from, the City and Subrecipient agree as follows:

1. RECITALS. The parties hereto agree that this Agreement is made with respect to the following purposes:

1.1 The City has applied for and been approved for grant funds from the United States Department of Housing and Urban Development ( “HUD”) for the City’s fiscal year 2020-2021 Community Development Block Grant (“CDBG”), Catalog of Federal Domestic Assistance (“CFDA”) No. 14.218, Program and will administer/monitor the distribution of said funds.

1.2 The Subrecipient has submitted its proposal to the Community & Economic Development Department, Development Division to receive funding from the City’ s fiscal year 2020-2021 CDBG Program, pursuant to the Housing and Community Developm ent Act of 1974, as amended.

1.3 The Federal Accounting and Transp arency Act of 2006 ( “the Act ”) became effective on October 1, 2010 and requires all CDBG grant recipients to include specific provision in their grant agreements that are identified in Section 11.8 below.

2. SCOPE OF SERVICES . Subrecipient shall provide services under the Fair Housing Program, as more particularly described in Exhibit “A” , entitled Scope of Services (“Services”), and Exhibit “B” entitled Budget (“Budget”) attached and incorporated by reference, in accordance with this Agreement.

3. TERM. The term of this Agreement shall be from July 1, 2023, to June 30, 2026, except that this Agreement shall remain in eff ect during any period that S ubrecipient has control over CDBG funds, including program income.

4. COMPENSATION/PAYMENT. Subrecipient shall fully perform the Services to be provided under this Agreement for a total sum not to exceed forty thousand Dollars ($40,000.00) annually. Payment shall be made pursuant t o the Budget and Section 10.6 of this Agreement. Invoices submitted by Subrecipient shall be delivered to C ity in accordance with Section 5.
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5. NOTICES. Any notices, invoices or payments provided for, or required, to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows:

City
City of Jurupa Valley
Attn: Rod Butler
8930 Limonite Avenue
Jurupa Valley CA 92509
Subrecipient
Fair Housing Council
Attn: Pamela Binion
3933 Mission Inn Avenue
Riverside, CA 92501
Phone: (951) 682-6581

6. AVAILABILITY OF FUNDS/AUTHORIZATION. The City ’s allocation of funding to Subrecipient pursuant to this Agreement is contingent upon the availability to the City of CDBG funds and continued authorization for program activities by HUD, and is subject to amendment or termination due to lack of funds or authorization in accordance with Section 10.15.

This Agreement is subject to written modification or termination as necessary by City in accordance with requirements of future CDBG amendments, regulations or City policy. In addition, this Agreement may be amended or terminated as provided in Sections 9.5 and 9.6 of this Agreement.

7. EFFECTIVE DATE. This Agreement, following its execution by City and Subrecipient, shall not become effective until such time as the City Manager or his/her designee:
submits to S ubrecipient written notice that : (1) The City Manager or his or her designee has determined and verified, in his/her sole discretion, that Subrecipient is an eligible Subrecipient (“Eligible Subrecipient”) as defined in Title 24, Code of Federa l Regulations section 570.500(c); and (2) the allocation and availability of funds as described in Section 6 has occurred. Subrecipient represents and warrants that once recognized as an Eligible Subrecipient, it will take any and all necessary actions to remain an E ligible Subrecipient. Further, in this regard, in the event Subrecipient no longer qualifies as an Eligible Subrecipient, it shall forthwith notify City in writing of such lapse of qualification.

8. COMPLIANCE. By executing this Agreement, the Subrecipient hereby certifies that it will adhere to and comply with the same obligations to the City that the City has undertaken with HUD pursuant to its application and certifications for CDBG funds, including but not limited to the following, as they may be applicable to Subrecipient pursuant to the U.S. Housing and Community Development Act of 1974, as amended:

(1) Subrecipient does not assume City’s responsibility for initiating the review process under the provisions of 24 CFR part 52; and (2) Subrecipient does not assume City’s environmental responsibilities; C. Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) and implementing regulations issued at 24 CFR Part 1; Title VIII of the Civil Rights Act of 1968 (P.L. 90 -284) as amended; Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued pursuant thereto; Section 3 of the Housing and Urban Development Act of 1968, as amended; Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations at 41 CFR Chapter 60; Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; D. Section 504 of the Rehabilitation Act of 1973 (P.L. 93- 112), as amended, and implementing regulations;
E. The Age Discrimination Act of 1975 (P.L. 94- 135), as amended, and implementing regulations;
F. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42;
G. The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; H. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention control and abatement of water pollution; I. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234);
J. The regulations, policies, guidelines and requirements of 2 CFR Part 200 as they relate to the acceptance and use of federal funds under the federally-assisted program; K. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 18214846), the Residential Lead-Based Paint Hazard Act of 1992 (42 U.S.C. § 4851-4956) and the regulations of 24 CFR Part 35; and safety regulations.

L. The Federal Accounting and T ransparency Act of 2006, P.L. 109- 282, as amended by Section 6202(a) of P.L. 110-252.

Copies of some of the foregoing Policies and Regulations are attached hereto as Exhibit “C”.
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9. GENERAL CONDITIONS.

9.1 Subrecipient as Independent Contractor. In the performance of this Agreement, Subrecipient, and Subrecipient’s employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City. Subrecipient acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers ’ compensation or unemployment insurance to Subrecipient, or to Subrecipient’s employees, subcontractors and agents. Subrecipient, as an independent contractor, shall be responsible for any and all taxes that apply to Subrecipient as an employer.

9.2 Indemnity.

A. Except as to the sole negligence or willful misconduct of the City, Subrecipient shall defend, indemnify and hold the City, and its officers, em ployees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys’ fees, which arises out of or is in any way connected with the performance of work under this Agreement by Subrecipient or any of its employees, agents or subcontractors and from all claims by Subrecipient ’s employees, subcontractors and agents for compensation for services rendered to Subrecipient in the performance of this Agreement, notwithstanding that the City may have benefitte d from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Subrecipient or of Subrecipient ’s employees, subcontractors or agents. Subrecipie nt understands and agrees that it shall defend the City from any claim even if it appears to be without merit.

9.3 Insurance.

A. General Provisions . Prior to the City ’s execution of this Agreement, Subrecipient shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, s uch insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City Manager, or his or her designee, unless such modification is prohibited by law.

B. Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Subrecipient’s indemnification obligations under Section 9.2 hereof.

transact insurance business in the State of California with a policy hold er’s rating of A or higher and a Financial Class of VII or higher.

E. Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Subrecipient pursuant to this Agreement are adequate to protect Subrecipient. If Subrecipient believes that any required insurance coverage is inadequate, Subrecipient will obtain such additional insurance coverage as Subrecipient deems adequate, at Subrecipient’s sole expense.

F. Workers’ Compensation Insurance: By executing this Agreement, Subrecipient represents that Subrecipient is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers’ compensation, or to undertake self -insurance before commencing any of the work.

Subrecipient shall carry the insurance or provide for self -insurance required by California law to protect said Subrecipient from claims under the Workers ’ Compensation Act. Prior to City ’s execution of this Agreement, Subrecipient shall file wit h City either (I) a certificate of insurance showing that such insurance is in effect, or that Subrecipient is self -insured for such coverage, or (2) a certified statement that Subrecipient has no employees, and acknowledging that if Subrecipient does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given at least ten (10) days prior written notice before modification or cancellation thereof.

G. Commercial General Liability . Prior to City ’s execution of this Agreement, Subrecipient shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance as required to insure Subrecipient against damages for p ersonal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Subrecipient. The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient ’s insurance policies.
(1) Subrecipient’s commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (i ncluding, but not limited to, premises operations liability, products completed operations liability, independent contractor ’s liability, personal injury liability, and contractual liability) in an amount not less than one million dollars ($1,000,000) per occurrence and a general aggregate limit in the amount of not less than two million dollars ($2,000,000).
(2) Prior to City ’s execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional -6-

insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:

H. Subcontractors’ Insurance. Subrecipient shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, which may be caused by the subcontractors ’ scope of work and activities provided in furtherance of this Agreement, includi ng, but without limitation, the following coverages:

Workers’ Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City ’s request, Subrecipient shall provide City with satisfactory evidence that subcontractors have obtained insurance policies and coverages required by this section.

I. Commercial Automobile Insurance. Subrecipient is required to provide commercial automobile liability insurance for this Agreement with the exception being those Subrecipients that do n ot require the use of an automobile to meet program requirements as detailed in the Scope of Work.
(1) Subrecipients that require the use of an automobile or must drive to meet program requirements in the Scope of Work must submit insurance certificates acceptable to the City that meet the following requirement(s):
(2) Subrecipient’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than one million dollars ($1,000,000) per occurrence and an aggregate limit of not less than one million dollars ( $1,000,000). All of Subrecipient’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Subrecipient ’s performance of this Agreement, which vehicles shall include, but are not limited to, Subrecipient owned vehicles, Subrecipient leased vehicles, Subrecipient’s employee vehicles, non-Subrecipient owned vehicles and hired vehicles. (3) The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient’s automobile insurance policy.

J. All insurance deductibles shall not exceed twenty -five thousand dollars ($25,000) unless the City Manager approves in writing another deductible amount prior to commencement of work.

9.5 Amendment. In addition to the City’s right to modify pursuant to Section 6 of the Agreement, this Agreement may only be modified by written agreement between City and Subrecipient.
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9.6 Termination. In addition to the City’s right to terminate pursuant to Section 6 of this Agreement, this Agreement may be terminated at any time by either party upon giving thirty (30) day notice in writing to the other party. City Manager or his/her designee is hereby empowered to give said notice, subject to ratificatio n by the City Council. Further, the City may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in Grant funding for the Agreement activity. Further, and not withstanding any other provision of this Agreement, if Subrecipient materially fails to comply with any term of this Agreement, or the award that is the subject of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or obligation, a notice of award, or elsewhere, the awarding agency or City may take any one or more of the following actions, as appropriate in the circumstances:

A. Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement action by the awarding agency; B. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; C. Wholly or partly suspend or terminate the current award for the City’ s or Subrecipient’s program;
D. Withhold further awards for the program; or
E. Take other remedies that may be legally available.

Further, and notwithstanding any other provision of this Agreement, the award may be terminated for convenience in accordance with 2 CFR Part 200.

9.7 Costs Following Termination. Costs of Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of this Agreement are not allowable unless City expressly authorizes them in the Notice of Suspension or Termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowed if (a) the costs resulted from obligations which were properly incurred by the Subrecipient before the effec tive date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancellable; and (b) the costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect.

9.8 Extensions. This Agreement, and all of its terms and conditions, may be extended upon the written request of Subrecipient to the City, setting forth the reasons for such request and upon written consent of the City Manager or a designee, upon a determination that the extension is in the best interest of the City and Subrecipient in performing Services under this Agreement.

This Agreement may be extended for two fiscal years in the sole discretion of the City Manager, at which time this Agreement shall automatically terminate. Extensions shall be requested in writing from the City Manager at least sixty (60) days prior to the termination of the Agreement, unless the City Manager, in his/her sole discretion agrees in writing to shorten the time in which an extension may be requested.
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10. ADMINISTRATIVE REQUIREMENTS.

10.1 Revenue Disclosure Requirement.

A. Revenue Disclosure Requirement. Subrecipient certifies that it has previously filed with the City a written statement listing all revenu e received, or expected to be received, by Subrecipient from Federal, State, City, County, and from other governmental agencies, and applied or expected to offset, in whole or in part, any of the costs incurred by Subrecipient in conducting current or pros pective projects, programs, or business activities, including, but not limited to the project, program, or business activity which is the subject of this Agreement. Such statement shall reflect the name and a description of such project, program, or business activity, the dollar amount of funding provided, or to be provided, by each and every governmental agency to each such project, program, or business activity, and the full name and address of such governmental agency.

B. For those projects, programs, and business activities in which there are sources of funds from the private sector in addition to Grant funds, Subrecipient shall provide proof of such funding. City shall not pay for any services provided by Subrecipient which are funded by other sources. All restrictions and/or requirements provided in this Agreement relative to accounting, budgeting, and reporting, apply to the total project, program, or business activity regardless of funding sources.

10.3 Annual Budget. The Subrecipient hereby certifies and agrees that the Grant funds received shall be used exclusively as described in the Annual Budget, attached hereto as Exhibit “B” and incorporated herein by reference. Subrecipient shall not make expenditures that deviate from the Budget without prior written approval of the City Manager or his/her Designee. City may approve Budget modifications to this Agreement for the movement of funds within the budget categories when such modifications: (i) do not exceed ten thousand dollars ( $10,000) per budget cost category; (ii) are specifically requested by City; (iii) do not alter the amount of compensation subject to or under this Agreement; (iv) will not change the project, program, or business activity goals or scope of services; (v) are in the best interests of City and Subrecipient in performing the scope of services under this Agreement; and vi) are related to salaries, are in accordance with applicable salary ordinances or law.

10.4 Property and Equipment.

expendable property or equipment means tangible personal property having a useful life of more than one (1) year and acquisition cost which equals or exceeds the lesser of: (i) the capitalization level established by the organizat ion for the financial statement purposes; or (ii) Five Thousand Dollars ($5,000) or more per unit.

B. Approval. Subrecipient shall not purchase or agree to purchase non - expendable property and/or equipment without the prior written approval from the City Manager or his/her Designee. Upon completion or early termination of this Agreement, City reserves the right to determine the final disposition of said non- expendable property acquired for this project, program, or business activity and Grant funds in compliance with applicable laws and regulations.

Said disposition may include, but is not limited to, City taking possession of said non-expendable property and/or equipment.

D. Purchase or Lease of Non -Expendable Property or Equipment .

E. Acquisition of Supplies and Equipment . Following approval by City Manager for necessary supplies and equipment for Agreement performance, Subrecipient may purchase from a related agency/organization only if: (i) prior authorization is obtained in writing from City; (ii) no more than charges for reimbursement costs are made and no less than minimum specifications are met as provided in writing by City Manager; (iii) a community related benefit is derived from such Subrecipient or its employees, agents or officers.

F. Purchase and Invoice Deadlines. Purchase of equipment and property, other than supplies, shall be completed before the first day of the last three (3) months of the Agreement period and all equipment bills are to be paid before the first day of the last two (2) months of this period. No property or equipment, other than supplies, may be purchased during the final three (3) months of the Agreement. Subrecipient shall complete all purchases of supplies before the last two (2) months of the Agreement and shall pay all supply bills before the final month of the Agreement. Invoices, which have not been received by the City within thirty (30) days after the Agreement termination date, shall not be honored. Exceptions to these limitations require prior written approval by the City Manager.
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10.6 Costs and Method of Payment.

A. Invoicing. The City shall pay to the Subrecipient the Grant amount specified in Section 4 of this Agreement above on a reimbursable basis for all approved costs. The Subrecipient shall submit not more often than monthly to the authorized representatives of the City, a certified statement setting forth in detail the expenditures made for which it is asking reimbursement along with supporting documentation which specifically states how funds were expended. At City’s discretion and in accordance with HUD regulations, said documentation may include, but will not be limited to, cancelled checks, invoices, receipts, payroll logs and employee time sheets.

B. Reimbursement. The City shall promptly review the monthly expenditure statement and supporting docum entation and reimburse the Subrecipient for approved costs in accordance with its usual accounting procedures, but in no event later than thirty (30) days. The City may require additional information from Subrecipient as may be necessary and appropriate for the City to make its determination as to allowable costs.

10.7 Program Income.

A. The term “ program income ” means any gross income received by the Subrecipient that is directly generated from the use of Grant funds (24 CFR § 570.500(a)). Program income includes, but is not limited to, the following: (i) proceeds from the disposition by sale or long-term lease of rental property purchased or improved with Grant funds; (ii) proceeds from the disposition of equipment purchased with Grant funds; (iii) gross income from the use or rental of real or personal property acquired with Grant funds, less the costs incidental to the generation of the income, pending the disposition or use for which the property was acquired; (iv) gross income from the use or rental of real p roperty owned by Subrecipient that was constructed or improved with Grant funds, less the costs incidental to the generation of the income; (v) payments received of principal and interest on loans made with Grant funds; (vi) interest earned on Grant funds held in a revolving fund account; and (vii) interest earned on program income, pending the disposition of such program income.

B. As defined in 24 CFR § 570.500(a)(4)(i), program income does not include any income received in a single program year by City and Subrecipient if the total amount of such income does not exceed Twenty-five Thousand Dollars ($25,000). When such income is generated by an activity that is only partially assisted with Grant funds, the program income shall be pro - rated to reflect the per centage of Grant funds actually used by Subrecipient. Subrecipient shall account for program income in accordance with the standards included in 2 CFR Part 200 and 24 CFR Part 570.
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10.8 Recording of Program Income. Program income shall only be allowed under this Agreement, if previously approved by the City and evidenced in the Budget. If the Budget includes any of the aforementioned categories (Section 9.7) of program income or other categories defined in 24 CFR § 570.503(a), (b)(3) and (8), and § 570.504, S ubrecipient shall record the receipt and expenditure of program income, as defined above and in 24 CFR § 570.500(a), as part of the permanent records of the financial transactions of the grant program.

10.9 Retention of Program Income. Program income received by Subrecipient, as approved in the Budget, may be retained by Subrecipient only if such income is treated as additional Grant funds to be used to continue providing Services. Furthermore, all other provisions of this Agreement shall apply to any services provided with program income. Program income must be used before drawing down additional grant funds from the City, except in the case of a revolving fund. In the case of program income in a revolving fund, the Subrecipient must use the program income for the activity for which the revolving fund was established, before drawing down additional Grant funds for the activity.

Upon expiration of the Agreement, real property under Subrecipient ’s control acquired or improved in whole or in part with Grant funds (including Grant funds provided to the Subrecipient in the form of a loan) in excess of Twenty-five Thousand Dollars ($25,000) shall be either: (i) used to meet one of the national objectives in 24 CFR § 570.208 until five years after expiration of the Agreement, or for such longer period of time as determined to be appropriate by the City; or (ii) not used in accordance with 24 CFR § 570.503(b)(7)(i), in which event the Subrecipient shall pay to the City an amount equal to the current ma rket value of the property less any portion of the value attributable to expenditures of non- Grant funds for the acquisition of, or improvement to, the property. The payment is program income to the City. No payment is required after the period of time specified above.

10.11 Use of Real Property . Subrecipient hereby agrees to comply with 24 CFR § 570.505 governing the use of real property. For the purposes of this Agreement “ real property” means land, including land improvements, structures and appurtenances the reto, but excludes movable machinery and equipment. Said standards apply to real property within Subrecipient ’s control which was acquired or improved in whole or in part using Grant funds in excess of Twenty- five Thousand Dollars ($25,000). These standards shall apply from the date Grant funds are first spent for the property until five years after the expiration of the Agreement under which the CDBG assistance was last provided to the Subrecipient for the property.

10.12 NEPA Compliance . Subrecipient agrees th at when Grant funds in excess of Twenty-five Thousand Dollars ($25,000) are used by Subrecipient to acquire real property or construct or add fixtures to a public facility Subrecipient will comply with the National Environment Policy Act of 1969, the California Environment Quality Act, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; California Government Code § 7260, et seq.
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10.13 Change in Use . Subrecipient may not change the use or planned use of the real property, includi ng the beneficiaries of such use, from that for which the acquisition or improvement was made unless the City provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change. After the public comment period has take n place, the change of use must be approved in writing by City. The new use of the real property must meet one of the three broad national objectives of the CDBG Program: (i) principally benefit low and moderate income individuals and families; (ii) aid in the elimination and prevention of slums and blight; or (iii) address other community health and safety needs having a particular urgency. Additionally, the property shall not serve as a building for the general conduct of government in its projected new use.

A. Title to the real property shall vest in Subrecipient subject to the condition that the Subrecipient shall use the real property for the authorized purpose of the project, program, or business activity as long as it its needed, and shall not encumber the property without approval of the City;
B. While held by Subrecipient, the real property or the facility constructed or receiving the added fixtures is to be u sed exclusively for the purposes for which acquisition, construction or improvement was originally approved;
C. Written approval from the City Manager must be secured if the property or facility is to be put to an alternative use that is consistent with federal regulations governing Grant funds;
D. Should the real property or the improved or constructed facility be used, during the term set forth in paragraphs 23(a)(i) and 24 of this Agreement, for a purpose not consistent with applicable federal regulations governing Grant funds or should Subrecipient desire to sell the real property or facility, then:
(1) If Subrecipient retains title, it wil l have to either reimburse to the City an amount that represents the percentage of current fair market value that is identica l to the percentage that Grant funds comprised moneys paid to initially acquire the property or construct or add fixtures to the facility; or
(2) If Subrecipient sells the property or facility or is required to sell or otherwise convey the property or facility, Subrecipient is to reimburse either the City an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that Grant funds comprised moneys paid to initially acquire the property or construct or improve the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.
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F. Following the reimbursement the CDBG Program in accordance with 24 CFR § 570.505(b), the property no longer will be subject to any CDBG requirements.

City Manager or his/her designee may act for City in suspending the operation of this Agreement for up to sixty (60) days, upon three (3) days written notice to Subrecipient of his/her intention to so act. In no event, however, shall any revision made by City affect expenditures and legally binding commitments made by Subrecipient before it received notice of such revision, provided that such amounts have been committed in go od faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.

10.16 Program Records. The Subrecipient shall maintain financial, programmatic, statistical and other supporting records of its operations and financial activities in accordance with the requirements of the Housing and Community Development Act and its regulations and specifically shall prepare and maintain the following records and reports to assist the City in maintaining its record keeping requirements:

A. Records:
(1) Documentation of the income level as defined by the HUD Guidelines set forth on the Compliance Report.
(2) Documentation of the number of persons and/or families participating in or benefiting by the Subrecipient’s project, program, or business activity.
(3) Documentation of all Grant funds received from the City or other funds to operate the project, program, or business activity herein by Subrecipient.
(4) Documentation of expenses as identified in the Subrecipient ’s Annual Program Budget.
(5) Any other related records as City shall require from time to time.

B. Reports:
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(1) Payment Request form.
(2) Quarterly reports to City as shown on the attached Quarterly Compliance Report commencing July 1, of the Program Year and ending June 30, of the Program Year.
(3) Any such other reports, as City shall reasonably require. Failure to provide such reports may result in the Subrecipient jeopardizing said Grant funds as provided herein.

10.17 Performance Monitoring . The City will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated.

10.18 Accounting Standards. The Subrecipient shall administer its project, program, or business activity in conformance wit h 2 CFR Part 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain source documentation for all costs incurred.

10.19 Cost Principles. The Subrecipient shall administer its projec t, program, or business activity in conformance with 2 CFR Part 200, as applicable.

10.20 Audits.

A. Records. The Subrecipient’s records shall be open to inspection and audit by the authorized representatives of the City, HUD and the Comptroller General during regular working hours. Said records shall be retained for such time as may be required by the regulations of the Housing and Community Development Act, but in no case for less than five (5) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the five (5) year s until resolution or disposition of such appeals, litigation claims or exceptions.

B. External Audits. If required by the U.S. Department of Housing and Urban Development, Subrecipient shall obtain an external audit in accordance with the single audit regulations. The audit report shall be submitted to the City within 180 days after the termination of this Agreement. Subrecipients which receive less than $750,000 in total federal financial assistance annually, shall be monitored through site visits, limited scope audits, or other means in accordance with 31 U.S.C. 7502(f)(2)(B). The cost of any independent audits or attestation engagements, other than limited scope audits shall not be charged to the Federal awards in accordance with 2 CFR Part 200 and 31 U.S.C. 7505(b)(1)(A)(ii). Subrecipients which receive $750,000 or more in total federal financial assistance in a year are required to obtain an independent audit in accordance with 2 CFR Part 200 and 31 U.S.C. 7502(a)(1)(A). -15-

10.21 Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services.

11. MISCELLANEOUS PROVISIONS.

11.1 Nondiscrimination. Subrecipient shall maintain and operate all facilities and deliver services to the community and program participants in a manner that is non-discriminatory.

11.3 Sexual Orientation and AIDS. Subrecipient further agrees not to discriminate on the grounds of sexual orientation or disability, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, genetic information, gender, gender identity, or gender expression.

11.4 Disabilities. Pursuant to the Americans with Disabilities Act and sp ecifically, 42 USC § 12132, Subrecipient acknowledges and agrees that in the performance of the Grant, no qualified individual shall, by reason of a disability, be excluded from participation in or be denied the benefits of the services, programs or activi ties of the City or Subrecipient or be subjected to discrimination by the City or Subrecipient.

11.5 Conflict of Interest.

A. Subrecipient and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with an d shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR § 570.611. Subrecipient understands and agrees that no waiver or exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR § 570.611(d). Any request by Subrecipient for an exception shall first be reviewed by City to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, City will consider the factors listed in 24 CFR § 570.611(e).

B. Prior to any funding under this Agreement, Subrecipient shall provide City with a list of all employees and their job titles, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision-making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. Subrecipient shall also promptly disclose to City any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Agreement. Any violation of this section shall be deemed a material breach of this Agreement, and the City shall immediately terminate the Agreement. -16-

11.6 Religious Proselytizing or Political Activities . Subrecipient agrees that it will abide by the requirements set forth in 24 CFR 570.200; and as such Subrecipient agrees that, in connection with such public services:

A. It will not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services. If such activities are conducted, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services; and
B. It shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief; and C. It may not use CDBG funds for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds ma y not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accountin g requirements applicable to CD BG funds.

Sanctuaries, chapels, or other rooms that a CDBG- funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG -funded improvements. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition.

11.7 Lobbying. The Subrecipient certifies to the best of its knowledge and belief, that:

A. No federally appropriated funds have been paid or will be paid, by or on behalf of the unde rsigned, 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.

11.8 Reporting Executive Compensation and First-Tier Subcontract Awards.

A. Definitions. As used in this clause:
“Executive” means officers, managing partners, or any other employees in management positions.
“First-tier subcontract” means a subcontract awarded directly by a Contractor to furnish supplies or services (including construction) for performance of a prime contract, but excludes supplier agreements with vendors, such as long -term arrangements for materials or supplies that would normally be applied to a Contractor’s general and administrative expenses or indirect cost. “Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax- qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

B. Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109- 282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110- 252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor ’s parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or services (including construction) being provided unde r the subcontract,
including the overall purpose and expected outcomes or
results of the subcontract.
(vi) Subcontract number (the subcontract number assigned by the Contractor).
(vii) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine- digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable. (x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS. (xiv) The applicable North American Industry Classification System code (NAICS).
(2) By the end of the month following the month of a contract award, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for the Contractor’s preceding completed fiscal year at http://www.ccr.gov, if:
(i) In the Contractor ’s preceding fiscal year, the Contractor received:
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(a) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(b) $25,000,000 or more in annual gross revenues from
Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(ii) The public does not have access to information about the compensation of the executives through periodic report s filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or
section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation
information, see the U.S. Security and E xchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
(3) Unless otherwise directed by the contracting officer, by the end of the month following the month of a first -tier subcontract with a value of $25,000 or more, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for each first -tier subcontractor for the subcontractor ’s preceding completed fiscal year at http://www.fsrs.gov, if:
(i) In the subcontractor ’s preceding fiscal year, the
subcontractor received:
(a) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(b) $25,000,000 or more in annual gr oss revenues from
Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or
section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation
information, see the U.S. Security and Exchange
Commission total co mpensation filings at
http://www.sec.gov/answers/execomp.htm.)
D. (1) If the Contractor in the previous tax year had gross income, from all sources, under $750,000, the Contractor is exempt from the requirement to report subcontractor awards.
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(2) If a subcontractor in the previous tax year had gross income from all sources under $750,000, the Contractor does not need to report awards to that subcontractor.

E. Phase-in of reporting of subcontracts of $25,000 or more:
(1) Until September 30, 2010, any newly awarded subcontract must be reported if the prime contract award amount was $20,000,000 or more. (2) From October 1, 2010, until February 28, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $550,000 or more. (3) Starting March 1, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $25,000 or more.

11.9 Registration. Subrecipient agrees to maintain a current registration in the federal central contractor registration (“CCR”) database (http: /www.ccr.gov) pursuant to the Federal Funding Accountability and Transparency Act, P.L. 109- 282, as amended by Section 6202(a) of P.L. 110-252. If Subrecipient is not currently registered, it must do so within ten (10) days of the date Subrecipient executes this Agreement . A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (http://DNB.com) is required for registration in the CCR.

12. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference as though set forth in full:

Exhibit “A” - Scope of Services
Exhibit “B” - Budget
Exhibit “C” - Subaward Information

(Signatures on Following Page)
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IN WITNESS WHEREOF, City and Subrecipient have caused this Agreement to be duly executed the day and year first above written.

CITY OF JURUPA VALLEY, a California
municipal corporation

__________________________________
Chris Barajas
Mayor

Attest:

___________________________________
Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM:

___________________________________
Peter M. Thorson
City Attorney

FAIR HOUSING COUNCIL OF
RIVERSIDE COUNTY, INC. a California
non-profit corporation

By:

Name:

Title: President

By:

Name:

Title: Secretary
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EXHIBIT A

SERVICES
General Requirements

a) Fair Housing Council of Riverside County, Inc., (“FHC”) must demonstrate a thorough knowledge of fair housing laws and regulations with applicable experience in implementing and administering the activities.

b) Respond to inquiries from the general public regarding fair housing laws and regulations.

c) Coordinate and provide fair housing counseling, complaint intake, investigation and resolution.

d) Coordinate and provide landlord/tenant counseling and mediation.

e) Provide outreach and education regarding fair housing laws and regulations.

f) As necessary, assist staff in any required code enforcement action.

g) As necessary, assist Jurupa Valley staff and CDBG consultant with the provision of data pertinent to implementing an Analysis of Impediments to Fair Housing (AI), Assessment of Fair Housing (AFH), and/or the Consolidated Plan and Annual Action Plan.

h) Adequately staff a physical office location by which potential and current Jurupa Valley residents can visit during normal business hours. Must provide fair housing consulting services to potential and current Jurupa Valley residents via phone. Physical office location must be staffed with professional employees familiar with fair housing policies, laws, and regulations. Physical office staffing levels and location may change pursuant COVID-19 public health directives to ensure a safe provision of fair housing services to the public. A minimum of 50% of fair housing counseling staff must meet HUD requirements as a certified housing counselor.

i) Meet a minimum of 75% of the Fair Housing Services Provision Goals.

j) Unexpended funds at the end of each fiscal year will be returned to the City.

k) Establish a point of contact for the City of Jurupa Valley. Inquiries by City Staff will be addressed by Staff within one business day or sooner.

l) Provide a copy of annual audit or financial statements. City may reduce or eliminate funding if there are any findings, concerns or other audit qualifications on Annual Audit.

m) Provide at least one (1) fair housing workshop in Jurupa Valley each year for tenants, one (1) workshop for landlords, and one (1) for property managers.

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n) Provide at least one (1) fair housing performance update to the Jurupa Valley City Council each year.

o) Provide marketing materials that advertise the availability of fair housing services at Jurupa Valley City Hall, Rubidoux Community Service District office, Jurupa Community Service District Office, and all County of Riverside libraries located with the Jurupa Valley City limits.

p) Provide City of Jurupa Valley staff with a narrative update of fair housing activities in the community for purposes of publishing in the City’s newsletter.

q) Meet with City Staff at least twice per year to evaluate the performance of fair housing activities.

r) Attend up to four (4) public or community events per year at the request of the City to advertise fair housing activities.

s) Demonstrate progress in engaging historically marginalized communities to make them aware of the fair housing service.

t) Serve at least 1,275 unduplicated clients per year.

Fair Housing Services Provision Goals

Education (tenant-landlord): Education is key in eliminating housing disputes. Many tenants and landlords are unaware of their rights and responsibilities which in some cases result in refusals to rent, terminations, evictions, civil claims, and unlawful evictions. Mediating landlord/tenant disputes where possible helps to maintain and retain tenancy to the mutual benefit of both parties.

Landlord-Tenant Intake and Case Management : All individuals are interviewed, screened and counseled regarding their rights and responsibilities . If the Complainant only requires an Educational response they are counseled and the case is closed. When mediation is requested, case management is implemented to follow through until an outcome is received. Whether the case is purely informational or me diated all individuals are given referrals, options and resources to further assist them with their issue. Annual goal is to provide service to 2,200 Individuals. (Approximately 30 minutes per information case and mediated case can range from 2 hours to several days per case)

Education (Anti -discrimination): Educating the general population, empowering individuals to assert their individual rights, enabling them to either prevent their own victimization or pursue remedies when faced with discrimination. Educating housing providers so as to facilitate a broader and more meaningful understanding of the law, thus enabling them to act in pro -active ways, thereby preventing violations of the law. Conciliation where possible, assists in resolving disputes quickly and amicably, which eliminates the money, time and work put into filing a complaint.

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Anti-discrimination Intake and Case Management: Fair housing cases require much more time for interviews, screening, counseling and case management due to the complicated nature of the complaints. In addition to the education provided, each Complainant is counseled on their options to pursue a housing discrimination complaint which includes: conciliation, investigation or filing a complaint with DFEH, HUD, and a private attorney. When Complainants requests conciliation, case management is implemented to follow through until an outcome is received. The Counselor will also assist individuals in filing their complaint and refer cases to HUD, DFEH or private attorney for enforcement if requested. If the Complaint requires further investigation enforcement activities could commence. Annual goal is to provide service to 100 persons. (Approximately 2 hours per informational case and a conciliated case could range from 8 hours to several months).

Enforcement Activities : Some cases (bona- fide complaints) require further investigation to validate a complaint. The case is reviewed to determine the methodology for investigating and then set up for either testing or surveying. When a complaint is not validated through investigation, the Complainant is again advised of their other option available such as; conciliation or filing a complainant with DFEH, HUD, DOJ or a private attorney. If the investigation is validated the same remedies are available to the Complainant to file with DFEH, HUD or a private attorney and the individual will be assisted in filing their complaint. Each case investigation could range from one week to up to a year).

Outreach: Outreach activities are important to the implementation of a viable fair housing program and are also a great benefit to the community. Activities include; networking with local agencies and with other working groups to assist their consumers, literature distribution throughout the city, Public Service Announcements and conducting informational presentations at meetings. Outreach activities will also include literature distribution and presentations to inform the community of upcoming events such as free trainings and Technical assistance training. 1500 pieces of literature will be distributed.

Training and Technical Assistance: Conduct training for managers, owners, lenders, sellers, buyers and realtors so as to facilitate a broader and more meaningful understanding of the law, thus enabling them to act in pro-active ways, thereby preventing violations of the law. Training renters or home seekers of their rights and protection under federal and state law empower individuals and will help them to be aware of the signs of discrimination and options available to them to resolve their complaint. The focus of the free training will be to educate individuals on housing discrimination based on Disability. Technical Assistance training provides education on housing discrimination based on Disability incorporated into the curriculum. 2-free two hour trainings will be conducted annually and Technical assistance training will be conducted as requested.

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EXHIBIT B

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EXHIBIT “D”

SUBAWARD INFORMATION

1. Subrecipient Name (which must match registered name in DUNS): Fair Housing Council of Riverside County, Inc.

2. Subrecipient’s DUNS Number: 8839325121

3. Federal Award Identification Number (FAIN): B-19-MC-06-0607

4. Federal Award Date (see 2 CFR 200.39): _______________________________________

5. Subaward Period of Performance Start Date and End Date: 7/1/2020-6/30/2023

6. Amount of Federal Funds Obligated by this Activity: $25,000.00

7. Total Amount of Federal Funds obligated to Subrecipient: $25,000.00

8. Total Amount of the Federal Award: $1,194,914.00

9. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): Fair housing outreach, education and enforcement services

10. Name of Federal Awarding Agency: Department of Housing and Urban Development

11. Name of Pass-through Entity and Contact Information for Awarding Official: City of Jurupa Valley, Rod Butler, City Manager, (951) 332-646, [email protected]

12. Catalog of Federal Domestic Assistance (CFDA) Number and Name: 14.28 CDBG

13. Identification of whether the Award is Research & Development: Not applicable

14. Indirect Cost Rate for the Federal Award: Not applicable

Page | 1
120

STAFF REPORT
DATE: JUNE 1, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 13.K

THE FIRST AMENDMENT TO THE AMENDED AND RESTATED

AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF
JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR

ADMINISTRATION OF THE AFFORDABLE HOMEOWNER
REHABILITATION GRANTS PROGRAM FOR THE 2023 -24 FISCAL
YEAR

RECOMMENDATION
That the City Council Approve the Amended and Restated Agreement for Consultant Services between the City of Jurupa Valley and GRC Associates, Inc. for Administration of the Affordable Homeowner Rehabilitation Grants Program and authorize the Ci ty Manager to execute the First Amendment to the Amended and Restated Agreement in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
On May 2, 2019, the City Council authorized the Agreement for Consultant Services between the City of Jurupa Valley and GRC Associates, Inc. (GRC) for Administration of the Affordable Homeowner Rehabilitation Grant s Program. GRC serves as the City’s primary program manager for the Homeowner Rehabilitation Program. Funded through the City’s Community Development Block Grant (CDBG) allocati on, the Homeowner Rehabilitation Program provides grants to low -to-moderate income residents to make needed repairs on their homes.

Successful applicants of the Homeowner Rehabilitation Program are eligible to receive grants of up to $10,000.00 to use towards health and safety -related home repairs.

Typically, grantees use these funds to make critical repairs to leaking roofs, broken stairs, malfunctioning plumbing systems, etc. During the 2019 -20 program year (the first year of the program), the City Council approved $50,000.00 in total grant funds available to provide repairs for five homes.

For Fiscal years 2020-21, 2021-22 and 2022-23 the City Council approved $104,000 for the Housing Rehabilitation Program each of the respective years as part of the CDBG

RETURN TO AGENDA
Page | 2

Annual Action Plan. This funding, which includes both direct construction and administrative cos ts, provided grants for 24 low to moderate -income homeowners for much needed repairs.

ANALYSIS

Through the past five years of funding allocated to the Housing Rehabilitation Program, GRC was able to assist twenty-nine low to moderate income home owners with needed repairs to their residences. The approved $104,000 for the program will assist eight additional homeowners in the community with grants for home repairs up to $10,000.

The attached amendment provides for $24,000 in program administrative services, which will cover the cost of administering eight grants per qualifying resident and was approved on April 20, 2023 as part of the CDBG Annual Action Plan . GRC charges a flat fee of $3,000.00 per grantee to comprehensively manage each grant project in accordance with the City’s Home Rehabilitation Program guidelines.

The program administrative services include:
 Project Management and Coordination
 Grant Processing
 Grant Documents
 Property Inspection/Work Write-Up
 Bid Package
 Construction Management
 Grant Portfolio Management

FINANCIAL IMPACT

The City’s 202 3-24 Annual Action Plan provided $24,000.00 for Home Rehabilitation Program administrative services. All costs related to Home Rehabilitation Program administration are recoverable through the City’s 2023-24 CDBG allocation.

ALTERNATIVES

1. Do not approve the Amended and Restated Agr eement for Consultant Servi ces between City of Jurupa Valley and GRC Associates, Inc. for Administration of the Affordable Homeowner Rehabilitation Grants Program

2. Provide alternate direction to staff.

************************** SIGNATURES ON FOLLOWING PAGE **************************

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FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR

CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR ADMINISTRATION OF THE AFFORDABLE

HOMEOWNER REHABILITATION GRANTS PROGRAM

1. Recitals
This Agreement is made with respect to the following facts and purposes:

A. On May 2, 2019, the City and Consultant entered into that certain agreement entitled “AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC., FOR ADMINISTRATION OF THE AFFORDABLE HOMEOWNER REHABILITATION GRANTS PROGRAM” (the “Original Agreement”).

B. On June 30, 2020, the City and Consultant entered into that certain First Amendment to the Original Agreement.

C. On June 17, 2021, the City and Consultant entered into that certain Second Amendment to the Original Agreement.

D. The Original Agreement, as amended, shall collectively be referred to as the “Agreement.”
E. The parties now desire to further amend and restate that Agreement as provided herein.

F. On June 1, 2023, the City and Consultant entered into that certain First Amendment to the Amended and Restated Agreement.

2. Term
This Agreement shall commence on July 1, 2023, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

3. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

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5. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed ninety- thousand dollars ($24,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

C. Consultant shall submit invoices monthly for actual services performed.

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any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.

9. Indemnification.

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agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.

10. Insurance Requirements.

A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.

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3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.

B. O
ther Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- insured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.

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provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

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To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: City Manager

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D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

F. T
ime is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

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CITY OF JURUPA VALLEY

Chris Barajas, Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM

Peter M. Thorson
City Attorney

CONSULTANT

By:

Name:

Title:

By:

Name:

Title:

[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]

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EXHIBIT A

SCOPE OF SERVICES

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EXHIBIT B

QUOTATION FOR SERVICE
GRC Associates, Inc. shall be compensated based on a flat, not-to-exceed $3,000 fee per grant ($3,000 x 8 = $24,000). Monthly invoices shall be submitted according to completed milestone per grant, as follows: application review (20% of total fee), work write-up (25%), contract bid selection (20%), grant approval (10%), owner and contractor signings (10%), final construction inspection and grant closeout/completed file (15%).
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AMENDED AND RESTATED AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR

ADMINISTRATION OF THE AFFORDABLE HOMEOWNER REHABILITATION

GRANTS PROGRAM

1. Recitals
This Agreement is made with respect to the following facts and purposes:

B. On June 30, 2020, the City and Consultant entered into that certain First Amendment to the Original Agreement.

C. On June 17, 2021, the City and Consultant entered into that certain Second Amendment to the Original Agreement.

D. The Original Agreement, as amended, shall collectively be referred to as the “Agreement.”
E. The parties now desire to further amend and restate that Agreement as provided herein.

2. Term
This Agreement shall commence on July 1, 2019, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

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5. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed ninety- thousand dollars ($90,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

C. Consultant shall submit invoices monthly for actual services performed.

9. Indemnification.

10. Insurance Requirements.

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12774-0102\2660634v2.doc
provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

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To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: City Manager

F. T
ime is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

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12774-0102\2660634v2.doc

CITY OF JURUPA VALLEY

Chris Barajas, Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM

Peter M. Thorson
City Attorney

CONSULTANT

By:

Name:

Title:

By:

Name:

Title:

[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]

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EXHIBIT A

SCOPE OF SERVICES

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EXHIBIT B

QUOTATION FOR SERVICE
GRC Associates, Inc. shall be compensated based on a flat, not-to-exceed $3,000 fee per grant ($3,000 x 90 = $90,000). Monthly invoices shall be submitted according to completed milestone per grant, as follows: application review (20% of total fee), work write-up (25%), contract bid selection (20%), grant approval (10%), owner and contractor signings (10%), final construction inspection and grant closeout/completed file (15%).

Page | 1
120

STAFF REPORT
DATE: JUNE 1, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 13.L

SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF

JURUPA VALLEY AND JURUPA AREA RECREATION AND PARK

DISTRICT TO OPERATE THE EDDIE DEE SMITH SENIOR CENTER

RECOMMENDATION
1) That the City Council approve the Second Amendment to the Agreement for Operation of the Eddie Dee Smith Senior Center between the City of Jurupa Valley and Jurupa Area Recreation and Parks District and authorize the City Manager to execute the Agreement in substantially the form and format attac hed and as approved by the City Attorney.

BACKGROUND
In June 2020, the City acquired the Eddie Dee Smith Senior Center (“Center”) located at 5888 Mission Boulevard in Jurupa V alley from the County of Riverside (“County”). Prior to the Center’s acquisition, the Family Service Association (“FSA”) was providing program management, a senior meal program, and operational responsibilities on behalf of the County. The City initiated conversations with FSA and the Jurupa Area Recreation and Park Distric t (“JARPD”) to discuss the future operations of the Center after its official transfer to the City. S hortly following these conversations, the City entered into an Agreement in July 2020, with JARPD to provide programs, day -to-day operations, and activities. While JARPD is responsible for daily operations, FSA continues to provide meal services.

ANALYSIS
JARPD has been providing operational services at the Center since July 2020 and has continued to fulfill the required scope of work to provide services and programming. The original term of the Agreement was due to expire on June 30, 2021, with a City-held option to extend for two, one-year terms. At the October 20, 2022, City Council meeting, the City extended the term of the Agreement through June 30, 2023. In addition to extending the

RETURN TO AGENDA
Page | 2

term, the First Amendment also revised JARPD’s scope to include custodial maintenance and pest control. With the revision of the scope, JARPD’s compensation was adjusted to $187,250 per fiscal year. The City is responsible for any capital maintenance at the Senior Center and maintaining the landscaping.

While compensation was adjusted to reflect the changes in cus todial maintenance and pest control, the Agreement is nearing the not -to-exceed amount. To continue providing services to the City’s seniors, the Agreement amount must be increased. The Second Amendment is proposing additional funds to cover staffing costs, liability insurance, and other operating expenses. If approved, the Second Amendment will adjust the annual compensation to $223,000.

FINANCIAL IMPACT

The Second Amendment proposes an increase in annual compensation. Funds are available in the Public Works Professional Services account.

ALTERNATIVES

1) Do not a pprove the Second Amendment to the Agreement for Operations of the Eddie Dee Smith Senior Center
2) Provide alternative direction to staff.

************************** SIGNATURES ON FOLLOWING PAGE ***********************

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SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY

OF JURUPA VALLEY AND JURUPA AREA RECREATION AND PARK

DISTRICT TO OPERATE THE EDDIE DEE SMITH SENIOR CENTER
This Second Amendment is made and effective as of June 1, 2023 between the City of Jurupa Valley, a municipal corporation (“City”) and Jurupa Area Recreation and Park District, a California Recreation and Park District ("District"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This Second Amendment is made with the respect to the following facts and purposes:

A. On July 1, 2020, the City and District entered into that certain Agreement entitled “AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND JURUPA

AREA PARKS AND RECREATION DISTRICT TO OPERATE THE EDDIE DEE SMITH SENIOR CENTER”.

B. On October 20, 2022, the City and District entered into the First Amendment to the Agreement, which revised the scope of work to transfer responsibility of custodial maintenance and pest control from the City to the District.

C. On October 20, 2022, the City and District entered into the First Amendment to the Agreement, which extended the term through June 30, 2023, and increased total compensation to not exceed One Hundred Eighty-Seven Thousand Two Hundred Fifty Dollars ($187,250.00) during each fiscal year.

2. Section 5(a) of the Agreement is hereby amended to read as follows:

5. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay District the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Twenty-three Thousand Dollars ($223,000.00) during each fiscal year.

5. The person or persons executing this Agreement on behalf of District warrants and represents that he or she has the authority to execute this Agreement on behalf of the District and has the authority to bind District to the performance of its obligations hereunder.

6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed personally or on its behalf by its duly authorized representative.

JURUPA AREA RECREATION & PARK DISTRICT
By: _______________________________
Name: Rebecca Rodarte-Byrne
Title: President of the Board
By:________________________________
Name: Jose Luis Godinez
Title: Secretary
[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]

CITY OF JURUPA VALLEY
A California Municipal Corporation
_______________________________
Rod B. Butler
City Manager
ATTEST:
_______________________________
Victoria Wasko
City Clerk
APPROVED AS TO FORM:
_______________________________
Peter M. Thorson
City Attorney

EXHIBIT B

COMPENSATION
I. Fees for services shall be based on the fee schedule established by the District for similar programs, activities, classes, etc. within the City of Jurupa Valley. The City may, at its sole discretion, establish a separate fee or cost for non-residents of the City of Jurupa Valley.

II. District will pay utilities directly to the utility company for: gas, electric, phone/internet, and water/sewer.

III. District may retain the first $20,000 (each FY) in revenue received from classes, rentals, and event agreements at the Center. Said revenues shall be reinvested into programs, activities, classes, etc. at the Center. Should revenues not be reinvested at the Center, District shall credit their monthly invoices by the amount received in revenues or the excess remaining each month of that FY, whichever is greater.

IV. The total compensation for the Services shall not exceed $223,000, as provided in Section 5 of this Agreement, unless agreed to in writing by the City of Jurupa Valley.

Page | 1

STAFF REPORT
DATE: JUNE 1, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 13.M

AWARD CONSTRUCTION AGREEMENT TO VANCE CORPORATION
FOR VAN BUREN PHASE 3 FROM BELLEGRAVE TO ETIWANDA, CIP
#21111

RECOMMENDATION

1. That the City Council approve and award a construction agreement to Vance Corporation in the amount of $2,424,360.00 for the Van Buren Blvd Phase 3, CIP #21111, for the work included in its bid proposal and authorize the City Manager to execute the Agreement in the form attached hereto; and

2. Authorize the City Manager to execute any subsequent related minor amendments to the Agreement with Vance Corporation , up to 10% as contingency to cover the cost of any unforeseen conditions; and

3. Re-appropriate $580,796 of Road Maintenance and Rehabilitation Account funds from the City’s Mission Boulevard Pavement Rehabilitation Phase 3 Project, Account No. 71393, to the Project account to fund total project costs; and

4. Appropriate $36,000 of grant funds from the FY 22 -23 CalRecycle Rubberized Pavement Grant Program.

BACKGROUND
At its regular meeting on August 18, 2022, the City Council approved the Fiscal Year 2022-2023 through Fiscal Year 2026 -2027 Capital Improvement Program (“CIP”). The Van Buren Blvd Phase 3, CIP #21111 was included in the previous five -year CIP and subsequently carried over to the most recently adopted CIP. The project scope consists of grinding and overlaying the street , removal and reconstruction of fences, wall etc., asphalt pavement, and adjusting the manholes and water valves to grade and striping.

RETURN TO AGENDA
Page | 2

On April 11, 2023, a Notice Inviting Bids was published on PlanetBids, the City’s online web based procurement and bidding system, and the local newspaper, Press Enterprise.

No addendums were issued during the solicitation period.

ANALYSIS
Formal bidding procedures were followed in accordance with the Public Contract Code.

Five (5) bids were received on May 2, 2023, and bids were opened soon after 2:00 p.m. with the following results:

Bidder Total Amount

1. Vance Corporation, Beaumont, CA $2,424,360.00

2. Hardy & Harper, Lake Forest, CA $2,800,000.00

3. R.J. Noble, Orange, CA $2,999,010.00

4. All American Asphalt, Corona, CA $3,090,791.00

5. Onyx Paving, Anaheim, CA $3,773,000.00

All bids were reviewed for accuracy and co mpleteness. Vance Corporation is the lowest responsive and responsible bidder with a bid in the amount $2,424,360.00. Vance Corporation is a reputable construction company who has successfully completed public works projects in the Inland E mpire and their work and references were found to be satisfactory. The Engineer’s cost estimate for this project was $ 2,400,000.00. The unit prices of asphalt have increased over 25% in the last 6 months which resulted in higher than expected bids.

If approved, City Public Works/Engineering Department Staff will provide project administration and oversight. Project management and inspection services will be performed by an engineering consultant, which includes monitoring complian ce with contract documents, including temporary construction traffic control, preparation of monthly progress payment reports, and various administrative activities related to the project.

The project was evaluated in accordance with the California Environmental Quality Act (CEQA) and determined to be exempt as it is considered as a maintenance project.

The project location map is attached for reference.

FINANCIAL IMPACT
The anticipated project construction cost is $ 2,700,000.00, which includes the 1 0% contingency to cover the unforeseen field condition s, construction management and inspection services as well as the engineering testing materials. The project is funded by Road Maintenance and Rehabilitation Account (RMRA) SB1 and Measure ‘A’ funds as part of CIP project No. 21111. The budgeted funds are not sufficient to cover the cost of the project and the necessary support services. Approval of the construction award Page | 3

requires Council re -appropriate $ 580,796 of RMRA funds from the City’s Mission Boulevard Pavement Rehabilitation Phase 3 Project.

The project costs are as follows:

Planning/Design
Construction Contract
$46,527.00
$2,424,360.00
Contingency $242,436.00
Construction Support Services $50,000.00
Total $2,763,323.00

Available Funding Sources
RMRA $2,100,000.00
Measure ‘A’ $46,527.00
CalRecycle Rubberized Pavement Grant $36,000.00
Re-appropriation from Mission Blvd. Ph. 3 (RMRA) $580,796.00 Total $2,763,323.00

ALTERNATIVES

1. Do not approve Agreement and related actions.

2. Provide alternative direction to Staff.

************************ SIGNATURES ON FOLLOWING PAGE *************************

Page | 5

PROJECT LOCATION MAP

Page | 1

STAFF REPORT
DATE: JUNE 1, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR
SUBJECT: AGENDA ITEM NO. 13.N

AWARD CONSTRUCTION AGREEMENT TO VANCE CORPORATION
FOR OLD MIRA LOMA PHASE 2, CIP #22103

RECOMMENDATION

1. That the City Council approve and award a construction agreement to Vance Corporation in the amount of $2,432,850.00 for the Old Mira Loma Phase 2, CIP #22103, for the work included in its bid proposal and authorize the City Manager to execute the Agreement in the form attached hereto; and

2. Authorize the City Manager to execute any subsequent related minor amendments to the Agreement with Vance Corporation , up to 10% as contingency to cover the cost of any unforeseen conditions; and

3. Re-appropriate $ 339,750 of Measure ‘A’ funds and $819,204 of Road Maintenance and Rehabilitation Account (RMRA) funds from the City’s Mission Boulevard Pavement Rehabilitation Phase 3 Project, Account No. 71393, to the Project account; and

4. Re-appropriate $677,181 of Measure ‘A’ funds from the City’s 22-23 Citywide Pavement Rehabilitation Project, Account No. 71411, to the Project Account.

BACKGROUND
At its regular meeting on August 18, 2022, the City Council approved the Fiscal Year 2022-2023 through Fiscal Year 2026 -2027 Capital Improvement Program (“CIP”). The Old Mira Loma Phase 2, CIP #22103 was included in the previous five -year CIP and subsequently carried over to the most recently adopted CIP. The project scope consists of grinding and overlaying the street , removal and reconstruction of fences, wall , etc., asphalt pavement, and adjusting the manholes and water valves to grade and striping.

RETURN TO AGENDA
Page | 2

On April 11, 2023, a Notice Inviting Bids was published on PlanetBids, the City’s online web based procurement and bidding system, and the local newspaper, Press Enterprise.

No addendums were issued during the solicitation period.

ANALYSIS
Formal bidding procedures were followed in accordance with the Public Contract Code.

Four (5) bids were received on May 2, 2023, and bids were opened soon after 2:00 p.m. with the following results:

Bidder Total Amount

1. Vance Corporation, Beaumont, CA $2,432,850.00

2. All American Asphalt, Corona, CA $2,514,222.00

3. R.J. Noble, Orange, CA $2,749,900.00

4. Onyx Paving, Anaheim, CA $2,772,000.00

5. Hardy & Harper, Lake Forest, CA $3,141,600.00

All bids were reviewed for accuracy and co mpleteness. Vance Corporation is the lowest responsive and responsible bidder with a bid in the amount $2,432,850.00. Vance Corporation is a reputable construction company who has successfully completed public works projects in the Inland E mpire and their work and references were found to be satisfactory. The Engineer’s cost estimate for this project was $ 2,175,680.00. The unit prices of asphalt have increased over 25% in the last 6 months which resulted in higher than expected bids.

If approved, City Public Works/Engineering Department Staff will provide project administration and oversight . Project management and inspection services will be performed by an engineering consultant, which includes monitoring compliance with contract documents, including temporary construction traffic control, preparation of monthly progress payment reports, and various administrative activities related to the project.

The project was evaluated in accordance with the California Environmental Quality Act (CEQA) and determined to be exempt as it is considered as a maintenance project.

The project location map is attached for reference.

FINANCIAL IMPACT
The anticipated project construction cost is $ 2,700,000.00, which includes the 1 0% contingency to cover the unforeseen field condition s, construction management and inspection services as well as the e ngineering testing materials. Per the approved CIP, the project is funded by the Community Development Block Grant Program (“CDBG”) and Measure ‘A.’ The budgeted funds are not sufficient to cover the cost of the project and the necessary support services. Approval of the construction award requires Council re - appropriate $819,204 of Road Maintenance and Rehabilitation Account (“RMRA”) funds Page | 3

and $339,750 in Measure A funds from the City’s Mission Boulevard Rehabilitation Phase 3 Project. To fully fund the project, $677,181 of Measure ‘A’ funds will also need to be re- appropriated from the City’s 22-23 Citywide Pavement Rehabilitation Project.

The project costs are as follows:

Construction Contract $2,432,850.00
Contingency $243,285.00
Construction Support Services $50,000.00
Total $2,726,135.00

Available Funding Sources
CDBG $425,000.00
Measure ‘A’ $465,000.00
Re-appropriation from Mission Blvd. Ph. 3 (RMRA) $819,204.00 Re-appropriation from Mission Blvd. Ph. 3
(Measure A)
$339,750.00
Re-appropriation from 22-23 Citywide Pavement
Rehab (Measure A)
$677,181.00
Total $2,726,135.00

ALTERNATIVES

1. Do not approve Agreement and related actions.

2. Provide alternative direction to Staff.

************************ SIGNATURES ON FOLLOWING PAGE *************************

Page | 5

PROJECT LOCATION MAP

Page | 1

STAFF REPORT
DATE: JUNE 1, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS
SUBJECT: AGENDA ITEM NO. 13.O

RESOLUTIONS REGARDING THE ANNEXATION OF ZONE KK (BROWN

AVENUE TRAILER STORAGE PAR K) TO CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTI NG MAINTENANCE DISTR ICT NO. 89 -1- CONSOLIDATED (“CITY OF JURUPA VALLEY L&L MD 89 -1-C”),

SOUTHWEST CORNER OF AGUA MANSA ROAD AND BROWN AVENUE

INTERSECTION

RECOMMENDATION

1. That the City Council adopt Resolution No. 2023-37, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY

INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY TO CITY

OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 89 -1-CONSOLIDATED AS ZONE KK AND THE LEVY AND

COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR 2024-2025 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION.

2. That the City Council adopt Resolution No. 2023-38, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY

APPROVING THE REPORT OF THE ENGINEER REGARDING THE

PROPOSED ANNEXATION OF TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-

CONSOLIDATED AS ZONE KK AND THE LEVY AND COLLECTION OF

ASSESSMENTS WITHIN THE CITY OF JURUPA VALLEY LIGHTING DISTRICT NO. 89-1-CONSOLIDATED FOR FISCAL YEAR 2024-2025

RETURN TO AGENDA

Page | 2

3. That the City Council adopt Resolution No. 2023-39, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY

DECLARING ITS INTENTION TO ANNEX TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTR ICT NO. 89 -1-

CONSOLIDATED AS ZONE KK AND TO LEVY AND COLLECT
ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR 2024 -2025 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE

CALIFORNIA STREETS AND HIGHWAYS CODE AND ARTICLE XIII D OF THE

CALIFORNIA CONSTITUTION AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS.

BACKGROUND
Upon incorporation on July 1, 2011, the City of Jurupa Valley assumed the responsibility for certain City of Jurupa Valley L&LMD 89-1-C zones now within the City’s jurisdictional boundaries. As such, the City is now responsible for the services and charges provided by the City of Jurupa Valley L&LMD 89 -1-C zones within its boundaries. City of Jurupa Valley L&LMD No. 89-1-C currently includes 70 locations within 61 zones; and currently maintains and services 52 locations (43 Zones) throughout the City of Jurupa Valley. The District contains 41 landscaping assessment zones and 20 street lighting assessment zones. The annual levy of assessments on the parcels within the boundaries of L&LMD No. 89-1-C is consistent with the Landscaping and Lighting Act of 1972.

On February 4 th, 2016 the City adopted resolution 2016 -01 clarifying that the City of Jurupa Valley L&LMD 89 -1-C is distinct from the County of Riverside Landscaping and Lighting Maintenance District No. 89 -1-Consolidated and assumes all responsibility for such district, including annexation of territory to the district.

The parcel owner, Agua Mansa Commerce Phase II, LLC, requested annexation of the site into the existing City of Jurupa Valley L&LMD 89 -1-C in order to cover costs associated with the maintenance of public improvements within the annexation known as ZONE KK. The territory proposed to be annexed incl udes 2 parcels identified as APNs 175-210-035 and 175-210-037, located at the southwest corner of Agua Mansa Road and Brown Avenue intersection . The annexation was formed in order to maintain the street right-of-way/streetscape area which maintenance includes:
 The installation and planting of landscaping, including trees, shrubs, grass and other ornamental vegetation within the public right -of-way parkway landscaped area on Agua Mansa Road and Brown Avenue, as identified on the approved L&LMD Landscape Plans for this Zone KK;
 the installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris;  the installation or construction of curbs, gutters, walls, sidewalks or paving, water irrigation, drainage or electrical facilities; and,
 the operation and maintenance cost of streetlights located within the public right - of-way on Agua Mansa Road and on Brown Avenue, as identified on the approved

Page | 3

Streetlight Plans IP21 -002 for Brown Avenue Trailer Storage Park development and related to this Zone KK;
 the operation and maintenance cost and/or servicing of any of the foregoing.

ANALYSIS
Adoption of Resolution Nos. 2023-37, 2023-38, and 2023-39 will allow the City of Jurupa Valley to collect funds to maintain Zone KK of this Landscape and Lighting Maintenance District.

The proposed annexation will have an initial Maximum Assessment for the Zone in the amount of $18,491.00; to be equally divided by the number of assessable acres within the zone boundary. These rates may be adjusted annually by the greater of two percent (2%) or the cumulative percentage increase in the Consumer Price Index over the base year of 20 23. The own ers have filed a petition representing their willingness to move forward.

OTHER INFORMATION
Consistent with the City Council’s direction regarding compliance with Article XIII D of the California Constitution and the Landscaping and Lighting Act of 1972, t he attached resolutions have been prepared and a public hearing scheduled for 7:00 p.m. on July 20th, 2023 to receive testimony for and against the proposed assessments.

The development associated with proposed Zone KK is additional parking for the Agua Mansa Commerce Par k (AMCP) industrial development west of the site. The owner of AMCP site has previously processed annexation of Zone Z for improvements (mainly) along El Rivino Road, Hall Avenue, and Rubidoux Boulevard. Zone KK does not modify the improvements nor assessments related to Zone Z.

FINANCIAL IMPACT
The property owners are responsible for the annual payments of the special assessment.

The City will file the special assessment with the County Auditor -Controller for inclusion on the annual property tax roll. In the event that the special assessment would start at a time different than such identified by the County Auditor-Controller has required, the City Finance Department would directly send the invoice to the corresponding owner(s).

The property owners have posted a deposit with their application to form Zone KK, in order to cover City costs incurred in connection with the annexation. Approval of this resolution does not in any way commit the City to any financial contribution or liability by Zone KK. The City’s cost to administer Zone KK annually will be reimbursed through the special assessment charged to property owners.

The revenue from this special assessment will be deposited into City of Jurupa Valley L&LMD 89-1-C and will be used to pay for the services as listed above. Both the revenue and expenses will be part of the City’s FY 20 24-2025 Adopted Budget, and there is no anticipated impact to the general fund.

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RESOLUTION NO. 2023-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, INITIATING PROCEEDINGS FOR THE

ANNEXATION OF TERRITORY TO CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-

CONSOLIDATED AS ZONE KK AND THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR 20 24- 2025 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF

THE CALIFORNIA STREETS AND HIGHW AYS CODE AND ARTICLE

XIII D OF THE CALIFORNIA CONSTITUTION

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1. The City Council of the City of Jurupa Valley proposes to annex territory, described below in Section 2 of this Resolution, to an existing landscaping and lighting district located within the City of Jurupa Valley, which was established pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of t he California Streets and Highways Code (hereinafter referred to as the "Act") and which is designated as City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1-Consolidated (hereinafter referred to as the "District") and to levy and collect assessments pursuant to the Act and Article XIII D of the California Constitution against lots and parcels within such territory to pay for the costs and expenses of the improvements described below in Section 3 of this Resolution for the fis cal year commencing July 1, 2024 and ending June 30, 2025.

Section 2. The territory proposed to be annexed to the District includes 3 parcels identified as Assessor Parcel (APNs) 175-210-035 and 175-210-037, located at the southwest corner of Agua Mansa Road and Brown Avenue intersection. Such territory is shown on a map on file in the office of the City Clerk and open to public inspection.

Section 3. The proposed improvements are briefly described as follows: The installation and planting of landscaping, including trees, shrubs, grass and other ornamental vegetation within the public right -of-way parkway landscaped area on Agua Mansa Road and Brown Avenue, as identified on the approved L&LMD Landscape Plans for thi s Zone KK; the installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris; the installation or construction of curbs, gutters, walls, sidewalks or paving, water irrigation, drainage or electrical facilities; and, the operation and maintenance cost of streetlights located within the public right-of-way on Agua Mansa Road and on Brown Avenue, as identified on the approved Streetlight Plans IP21-002 for Brown Avenue Trailer Storage Park development and related to this Zone KK; the operation and maintenance cost and/or servicing of any of the foregoing.

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Section 4. After the proposed territory is annexed to the District, the District shall continue to be designated as City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1- Consolidated.

Section 5. Lots or parcels of land within the territory proposed to be annexed to the District that are owned or used by any county, city, city and county, special district or any other local governmental entity, the State of California, or the United States shall be assessed unless the City demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

Section 6. The City Council here by orders the City Engineer, or his designee, to prepare and file with the City Clerk a report in wr iting in connection with the annexation of territory described herein to the District and the levy and collection of assessments against lots and parcels of land within such territory. This report shall be prepared in accordance with the Act and Section 4 of Article XIII D of the California Constitution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 1st day of June, 2023.

Chris Barajas
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023 -37 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 1 st day of June, 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 1st day of June, 2023.

Victoria Wasko, City Clerk
City of Jurupa Valley

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RESOLUTION NO. 2023-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA, APPROVING THE

REPORT OF THE ENGINEER REGARDING THE

PROPOSED ANNEXATION OF TERRITORY TO CITY OF

JURUPA VALLEY LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED AS

ZONE KK AND THE LEVY AND COLLECTION OF

ASSESSMENTS WITHIN THE CITY OF JURUPA VALLEY
LIGHTING DISTRICT NO. 89 -1-CONSOLIDATED FOR
FISCAL YEAR 2024-2025

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1. The City Council of the City of Jurupa Valley, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as the "Act"), did by previous resolution order the City Engineer, or the City Engineer’s designee, to prepare and file a written report in accordance with the Act and Article XIII D of the California Constitution in connection with the proposed annexation of territory to City of Jurupa Valley Lighting District No. 89-1-Consolidated as ZONE KK and the levy and collection of assessments against lots and parcels of land within City of Jurupa Valley Lighting District No. 89-1-Consolidated for the fiscal year commencing July 1, 2024 and ending June 30, 2025.

Section 2. The Engineer has prepared and filed with the City Clerk of the City of Jurupa Valley and the City Clerk has presented to the City Council such report entitled "Engineer’s Report for City of Jurupa Valley Landscape & Lighting Maintenance Distri ct No. 89 -1-Consolidated, ZONE KK, Brown Avenue Trailer Storage Park" (the "Report").

Section 3. The City Council has carefully examined and reviewed the Report, and the Report is hereby approved as filed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 1st day of June, 2023.

Chris Barajas
Mayor

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ATTEST:

Victoria Wasko, CMC
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023 -38 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 1 st day of June, 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 1st day of June, 2023.

Victoria Wasko, City Clerk
City of Jurupa Valley
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RESOLUTION NO. 2023-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA, DECLARING ITS

INTENTION TO ANNEX TERRITORY TO CITY OF

JURUPA VALLEY LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED AS

ZONE KK AND TO LEVY AND COLLECT ASSESSMENTS
WITHIN SUCH TERRITORY FOR FISCAL YEAR 2024-2025
PURSUANT TO THE PROVISIONS OF PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND

HIGHWAYS CODE AND ARTI CLE XIII D OF THE

CALIFORNIA CONSTITUTION AND APPOINTING A

TIME AND PLACE FOR HEARING PROTESTS

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1. Pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as the "Act") and as provided by Article XIII D of the California Constitution, the City Co uncil of the City of Jurupa Valley, by previous Resolution, has initiated proceedings for the annexation of territory described below in Section 4 of this Resolution to City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1-Consolidated (hereinafter referred to as the "District") as ZONE KK, and the levy and collection of assessments against the lots and parcels of land within such territory for fiscal year 2024-2025 to pay for the costs and expenses of the improvements described below in Section 6 of this Resolution.

Section 2. The Engineer selected by the City Council has prepared and filed with the City Clerk of the City of Jurupa Valley and the City Clerk has presented to the City Council a report in connection with the proposed annexation of territory to the District and the levy and collection of assessments against the lots and parcels of land within suc h territory for fiscal year 2024-2025, and the City Council did by previous Resolution approve such report.

Section 3 . The City Council hereby declares its intention to order the annexation of territory described below in Section 4 of this Resolution to the District and to levy and col lect assessments against the lots and parcels of land within such territory for fiscal year 2024-2025 to pay for the costs of the improvements described below in Section 6 of this Resolution. The Council hereby determines that the public interest requires this annexation to the District and levy and collection of assessments.

Section 4. The territory proposed to be annexed to the District includes two parcels identified as Assessor Parcel Numbers (APNs) 175-210-035 and 175-210-037, located at the southwest corner of Agua Mansa Road and Brown Avenue intersection . Such territory is shown on a map on file in the office of the City Clerk and open to public inspection.

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Section 5. After the proposed territory is annexed to the District, the District shall continue to be designated as City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1- Consolidated.

Section 6. The proposed improvements are briefly described as follows: The installation and planting of landscaping, including trees, shrubs, grass and other ornamental vegetation within the public right -of-way parkway landscaped area on Agua Mansa Road and Brown Avenue, as identified on the approved L&LMD Landscape Plans for this Zone KK; the installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, i ncluding, but not limited to, grading, clearing, removal of debris; the installation or construction of curbs, gutters, walls, sidewalks or paving, water irrigation, drainage or electrical facilities; and, the operation and maintenance cost of streetlights located within the public right-of-way on Agua Mansa Road and on Brown Avenue, as identified on the approved Streetlight Plans IP21-002 for Brown Avenue Trailer Storage Park development and related to this Zone KK; the operation and maintenance cost and/or servicing of any of the foregoing.

Section 7. Lots or parcels of land within the District that are owned or used by any county, city, city and county, special district or any other local governmental entity, the State of California, or the United States shall be assessed unless the City demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

Section 8. Reference is hereby made to the report of the Engineer entitled " Engineer’s Report for City of Jurupa Valley Landscape & Lighting Maintenance District 89-1-Consolidated, ZONE KK, Brown Avenue Trailer Storage Park" on file with the City Clerk for a full and detailed description of the improvements, the boundaries of the territory proposed to be annexed to the District, the boundaries of the existing District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the territory proposed to be annexed to the District.

Section 9. NOTICE IS HEREBY GIVEN THAT THURSDAY, THE 20TH DAY OF JULY, 2023, AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER AT 8930 LIMONITE

AVENUE, JURUPA VALLEY, CALIFORNIA, IS THE TIME AND PLACE FIXED FOR

A PUBLIC HEARING BY THE CITY COUNCIL ON THE QUESTION OF THE

ANNEXATION OF THE TERRITORY TO THE DISTRICT DESCRIBED ABO VE IN SECTION 4 OF THIS RESOLUTION TO THE DISTRICT AND THE LEVY AND COLLECTION OF THE ASSESSMENT FOR FISCAL YEAR 2024-2025 AGAINST THE LOTS AND PARCELS OF LAND WITHIN SUCH TERRITORY. All interested persons shall be afforded the opportunity to hear and be heard.

Section 10. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law by causing a notice of the public hearing and an assessment ballot to be mailed by first class mail to the record owners of the parcels in the territory proposed to be annexed to the District no less than 45 days before the date of the public hearing.

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Section 1 1. The City Council hereby designates Victoria Wasko , City Clerk , 8930 Limonite Avenue, Jurupa Valley, California , (951) 332-6464 to answer inquiries regarding the hearing, protest proceedings, and procedural or technical matters.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 1st day of June, 2023.

Chris Barajas
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023 -39 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 1 st day of June, 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 1st day of June, 2023.

Victoria Wasko, City Clerk
City of Jurupa Valley

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V
8 9 3 0 L i m o n i t e A v e n u e | J u r u p a V a l l e y , C A 9 2 5 0 9 June 2023

CITY OF JURUPA VALLEY
ENGINEER’S REPORT FOR

CITY OF JURUPA VALLEY

LANDSCAPE AND LIGHTING

MAINTENANCE DISTRICT
NO. 89-1-CONSOLIDATED

ZONE KK

BROWN AVENUE TRAILER STORAGE PARK
Prepared By:

HR Green Pacific
1260 Corona Pointe Court, Suite 305
855.900.4742

www.hrgreen.com

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Table of Contents
EXECUTIVE SUMMARY .................................................................................................................................. 4 INTRODUCTION ......................................................................................................................................... 4 DEFINITIONS .............................................................................................................................................. 4 PART I – BOUNDARIES OF THE DISTRICT ....................................................................................................... 6 LOCATION OF THE ASSESSMENT ZONE ..................................................................................................... 6 PART II – PLANS AND SPECIFICATIONS FOR CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE KK ............ 7 LANDSCAPING IMPROVEMENTS ............................................................................................................... 7 STREET LIGHTING IMPROVEMENTS .......................................................................................................... 8 PART III – FINANCIAL ANALYSIS .................................................................................................................... 9 INTRODUCTION ......................................................................................................................................... 9 MAXIMUM ASSESSMENT METHODOLOGY ............................................................................................... 9 COST ESTIMATE ....................................................................................................................................... 10 PART IV – ASSESSMENT DIAGRAM.............................................................................................................. 12 PART V – ASSESSMENT ROLLS ..................................................................................................................... 13

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AGENCY: CITY OF JURUPA VALLEY
SUBJECT: ANNEXATION OF BROWN AVENUE TRAILER STORAGE PARK TO CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.89-1- CONSOLIDATED (“CITY OF JURUPA VALLEY L&LMD NO.89-1-C”) AS ZONE KK TO: CITY OF JURUPA VALLEY CITY COUNCIL

Pursuant to the direction from the City Council of the City of Jurupa Valley (“City Council”), California, this Engineer’s Report (“Report”) is prepared and hereby submitted for the City of Jurupa Valley (“City”) in compliance with the provisions of Section 22565 through 22574 of the Landscaping and Lighting Act of 1972 (“1972 Act”), said Act being Part 2 of Division 15 of the Streets and Highways Code of the State of California, Section 4 of Article XIII D of the California Constitution.

This Report provides for the annexation of the development known as Brown Avenue Trailer Storage Park to City of Jurupa Valley L&LMD No. 89 -1-C as ZONE KK and establishes the Maximum Assessment to be levied in the Fiscal Year commencing July 1, 2024 to June 30, 2025 (2024-2025) and continuing in all subsequent Fiscal Years, for this area to be known and designated as:

CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE KK

BROWN AVENUE TRAILER STORAGE PARK
I do hereby assess and apportion the total amount of the costs and expenses upon several parcels of land within said designated area liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said services.

NOW, THEREFORE, I, the appointed ENGINEER, acting on behalf of the City of Jurupa Valley, pursuant to the 1972 Act, do hereby submit the following:

Pursuant to the provisions of law, the costs and expenses of the Zone have been assessed upon the parcels of land in the Zone benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram/Boundary Map, a reduced copy of which is included herein.

As required by law, an Assessment Diagram/Boundary Map is filed herewith, showing the Zone, as well as the boundaries of the respective parcels and subdivisions of land within said Zone as they exist, as of the date of this Report, each of which subdivisions of land or parcels or lots, respectively, have been assigned a parcel/lot number within a specific tract and indicated on said Assessment Diagram/Boundary Map and in the Assessment Roll contained herein.

The separate numbers given the subdiv isions and parcels of land, as shown on said Assessment Diagram/Boundary Map and Assessment Roll, correspond with the numbers assigned to each parcel by the Riverside County Assessor. Reference is made to the County Assessor Roll for a description of the lots or parcels.
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As of the date of this Report, there are no parcels or lots within ZONE KK that are owned by a federal, state or other local governmental agency that will benefit from the services to be provided by the assessments to be collected.

June 1st, 2023.

Steve Loriso, R.C.E. 64701

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EXECUTIVE SUMMARY

INTRODUCTION
Pursuant to the provisions of law, the costs and expenses of the Zone have been assessed upon the parcels of land in the Zone benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For pa rticulars as to the identification of said parcels, reference is made to the Assessment Diagram/Boundary Map, a reduced copy of which is included herein. On this 1st day of June, 2023 the City Council, City of Jurupa Valley, State of California, ordering the preparation of the Report pro viding for th e annexation of the development known as Brown Avenue Trailer Storage Park to L&LMD No. 89-1-C as ZONE KK did, pursuant to the provisions of the 1972 Act, being Division 15 of the Streets and Highways Code of the State of California, adopt Resolution No. 2023-XX for a special assessment district zone known and designated as:

ZONE KK

BROWN AVENUE TRAILER STORAGE PARK
The annexation of ZONE KK includes the parcels of land within the industrial center known as Brown Ave nue Trailer Storage Park. As of the date of this report, the zone contains two(2) assessable parcels; also identified by the Assessor Parcel Number(s) 175-210-035 and 175 -210- 037 . As required by law, an Assessment Diagram/Boundary Map is filed herewith, showing the Zone, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said Zone as they exist, as of the date of this Report, each of which subdivisions of land or parcels or lots, respectively, have been assigned a parcel/lot number within a specific tract and indicated on the Assessment Diagram/Boundary Map and in the Assessment Roll contained herein.

The following report presents the e ngineering analysis for the annexation of ZONE KK and the establishment of the Maximum Assessment to be levied and collected commencing Fiscal Year 2024-2025 and all subsequent fiscal years.

DEFINITIONS
Agency – Means the local government, City of Jurupa Valley.

Capital cost – Means the cost of acquisition, installation, construction, reconstruction, or replacement of a permanent public improvement by the Agency.

District – Means an area determined by the Agency to contain all parcels which will receive a special benefit from a proposed public improvement of property-related service.

Maintenance and operation expenses - Means the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care, and supervision necessary to properly operate and maintain a permanent public improvement.

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Ad Valorem Reduction – The corresponding general benefit value of the improvements.

Special benefit – Means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”

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PART I – BOUNDARIES OF THE DISTRICT

LOCATION OF THE ASSESSMENT ZONE

ZONE KK shall consist of a benefit zone encompassing the properties within the industrial development known as Brown Avenue Trailer Storage Park . The proposed improvements described in this Report are based on current development and improvement plans provided as of the date of this Report.

ZONE KK is generally located on the southwest corner of Brown Avenue and Agua Mansa Road intersection, in the City of Jurupa Valley, in the County of Riverside, State of California. At the time of this assessment, the assessment zone consists of 2 assessable (legal) parcels and zero non-assessable parcels.

ZONE KK consists of all lots/units, parcels, and subdivisions of land located in the following development area:

Brown Avenue Trailer Storage Park – Assessor Parcel Numbers as of date of this Report: 175-210-035 and 175-210-037

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PART II – PLANS AND SPECIFICATIONS FOR CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE KK

The services to be funded by City of Jurupa Valley L&LMD No. 89-1-C ZONE KK include the landscape and streetlight maintenance related to the industrial development designated as Brown Ave nue Trailer Storage Park. The p roposed improvements, the associated costs, and assessments have been carefully reviewed, identified, and allocated based on:
a. Level of Service
b. Improvement Types
c. Proximity to Improvement
d. Levels of Special Benefit from Zone (on Public versus Private) The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for landscape use, and appurtenant facilities. The 1972 Act further provides that assessments may be apportioned upon all assessable lot(s) or parcel(s) of land within an assessment district in proportion to the estimated benefits to be received by each lot or parcel from the improvements rather than by assessed value.

It was determined that the improvements identified by this report wi ll directly benefit the parcels to be assessed within ZONE KK. The assessments and method of apportionment is based on the premise that the assessments will be used to construct , operate, and mantain landscape and lighting improvements within the existing district as well as provide for annual maintenance of those improvements and the assessment revenues generated by the Zone will be used solely for such purpose.

LANDSCAPING IMPROVEMENTS
The assessment will provide for l andscaping servicing and maintenance on public right -of-way (Brown Avenue and Agua Mansa Road) and as approved by the City during the Brown Avenue Trailer Storage Park development approval. The following apply:

1. Servicing: the furnishing of water for the irrigation of any landscaping or the maintenance of any other improvements.

2. Maintenance: the furnishing of se rvices and materials for the ord inary and usual maintenance, operation and servicing of any improvement, including the repair, removal, or repl acement of all of part of landscape improvements. Maintenance shall also include tree trimming for the trees identified on the approved L&LMD Landscape Plans for Zone KK.

The benefits associated with landscaping improvements include:

1. Enhanced environmental quality of the parcels through improved erosion resistance, dust and debris control, and fire protection.

2. Reduced criminal activity and property -related crimes (especially vandalism) against properties through well-maintained surrounding and amenities.
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3. Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuation noise.

STREET LIGHTING IMPROVEMENTS
The assessment will provide for the operating energy cost and maintenance of the street lights servicing the industrial development, Brown Avenue Trailer Storage Park , as shown in the Street Improvement Plans prepared for the development and approved by the City Engineer.

The benefits associated with streetlight improvements include:

1. Enhanced deterrence of crime such as vandalism and other criminal activities which would reduce damage to improvements or property.

2. Improved visibility to assist police in the protection of property.

3. Improved visibility for egress from and ingress to the property.

There are twenty-three streetlights considered for this assessment. The three (3) streetlights along the south side of Brown Avenue and one (1) along the west side of Agua Mansa Road. 9 | P a g e

PART III – FINANCIAL ANALYSIS

INTRODUCTION
The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided by the Zone KK to fairly apportion the costs based on the estimated benefit to each parcel.

The landscaping and streetlighting improvements included on this assessment for Zone KK provide direct and special benefit to the lots or parcels within the Zone. Therefore, the maintenance of these improvements also provides direct and special benefit by maintaining the functionality of the improvements and allowing the improvements to operate in a proper manner.

Because all benefiting properties consist of a uniform land use, it is determined that all (any) industrial parcels benefit equally from the improvements and the costs and expenses for the maintenance and servicing of landscaping and streetlight are apportioned on a per acre basis.

The total benefit from the works of improvement is a combination of the special benefits to the parcels within the Zone and the general benefits to the public at large and to adjacent property owners. A portion of the total maintenance costs for the landscaping and streetlights, if any, associated with general benefits will not be assessed to the parcels in the Zone, but will be paid from other City of Jurupa Valley funds.

No property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property. Additionally, because the benefiting properties consist of a uniform land use (industrial), it is determined that each of the parcels within the Zone benefit equally form the improvements. Therefore, the proportionate share of the costs and expenses for the provisions of landscaping, as well as costs and expenses for the maintenance of the landscaping, are apportioned equally on a per acre basis.

MAXIMUM ASSESSMENT METHODOLOGY
The following methodology was adopted by City Council in Resolution No. 2016 -01 dated February 4, 2016. Such methodology has been maintained in preparation of this Report. The purpose of establishing a Maximum Assessment formula is to provide for reasonable increases and inflationary adjustments to annual assessments without requiring costly noticing and mailing procedures, which would add to the Zone KK costs and assessments.

The Maximum Assessment formula shall be applied to all assessable parcels of land within the Zone. For Zone KK, the initial Maximum Assessment(s) for Fiscal Year 2024-2025 are as follows:

1. The initial Total Maximum Assessment established within Zone KK shall be $18,491.00

2. The initial Maximum Assessment per assessable acre shall be $3,393.00 The initial Maximum Assessment is subject to an annual inflator starting in Fiscal Year 2025-2026. The initial Maximum Assessment shall be adjusted by the greater of two percent (2%) or the cumulative 10 | P a g e

percentage increase in the CPI -U Index published by the Bureau of Labor Statistics of the United States Department of Labor for Riverside-San Bernardino-Ontario.

The Maximum Assessment is adjusted annually and is calculated independent of Zone KK’s annual budget and proposed annual assessment. The proposed ann ual assessment (rate per assessable parcel) applied in any fiscal year is not considered to be an increased assessment if less than or equal to the Maximum Assessment amount. In no case shall the annual assessment exceed the Maximum Assessment.

Although the Maximum Assessment will increase each year, the actual Zone KK assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish reasonable limits on Zone KK assessments. The Maximum Assessment calculated each year do es not require or facilitate an increase of the annual assessment and neither does it restrict assessments to the adjusted maximum amount. If the budget and assessments for the fiscal year require an increase and the increase is more than the adjusted Maximum Assessment, it is considered an increased assessment.

To impose an increase assessment, the City of Jurupa Valley must comply with th e provisions of the California Constitution Article XIII D Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owner through the balloting pr ocess must approve the proposed assessment increase. If the proposed assessment is approved, then a new Maximum Assessment is established for Zone KK. If the proposed assessment is not approve d, the City may not levy an assessment greater than the adjusted Maximum Assessment previously established for Zone KK.

COST ESTIMATE
The Ad Valorem reduction is the corresponding general benefit value of the improvements, and it is determined by identifying the general public benefit from the installation and upkeep of the improvements identified on this report. All proposed landscape and lighting improvements contained within this report and shown on the development plans are located directly in front of the assessed zone and the construction and installation of the improvements were only necessary for the development of properties within the Zone. Therefore, it was determined that any public access or use of these local improvements by others is incidental and there is no measurable general benefit to properties outs ide the one or to the public at large. The Ad Valorem reduction for these improvements is zero.

The Assessment for Zone KK is calculated by dividing the total Annual Balance to Levy minus the Ad Valorem Reduction by the total number of assessable acres within ZONE KK to determine the Annual Assessment per assessable acre. In order to determine the assessment for each assessable parcel, the per acre assessment is multiplied by the parcel acreage.

𝐴𝑛𝑛𝑢𝑎𝑙 𝐵𝑎𝑙𝑎𝑛𝑐𝑒 𝑡𝑜 𝐿𝑒𝑣𝑦 − 𝐴𝑑 𝑉𝑎𝑙𝑜𝑟𝑒𝑚 𝑅𝑒𝑑𝑢𝑐𝑡𝑖𝑜𝑛
𝑇𝑜𝑡𝑎𝑙 𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑎𝑠𝑠𝑒𝑠𝑠𝑎𝑏𝑙𝑒 𝑎𝑐𝑟𝑒𝑠 = 𝐴𝑛𝑛𝑢𝑎𝑙 𝐴𝑠𝑠𝑒𝑠𝑠𝑚𝑒𝑛𝑡 𝑝𝑒𝑟 𝑎𝑠𝑠𝑒𝑠𝑠𝑎𝑏𝑙𝑒 𝑎𝑐𝑟𝑒 The Annual Balance to Levy is the Total Annual Landscaping Costs plus the Total Annual Streetlight Costs as seen in the following summary table:
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CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE KK

BROWN AVENUE TRAILER STORAGE PARK
FY 2024-2025
Total Assessable Acres: 5.45 acres Total Assessable Parcels 2 Cost Description *Total Cost for

ZONE KK
Cost per Acre
for ZONE KK
Landscaping:

Annual Landscaping Maintenance: $4,232.00 $776.51
Tree Trimming : $3,680.00 $675.23
Water (including water meter) $2,745.00 $503.67
Fertilizer Injector $220.00 $40.37
Electricity (including electric meter) $500.00 $91.74
Mulch : $426.00 $78.17
Calsense Single: $250.00 $45.87
Backflow Certificate : $50.00 $9.17
Repairs & Replacements (15%) $1,959.00 $359.45
TOTAL ANNUAL LANDSCAPING COSTS : $13,917.02 $2,553.58

Streetlighting:

Streetlights LED (Brown Avenue): $506.00 $92.84
Streetlights LED (Agua Mansa Road): $611.00 $112.11
Streetlights Repairs & Maintenance (7%) $79.00
TOTAL ANNUAL STREETLIGHTING COSTS (Plus Repairs and
Maintenance) :
$1,196.00 $219.45

ADMINISTRATION (8%) $1,202.65 $220.67
INSPECTION (5%) $751.65 $137.92
OPERATING RESERVE, REPARIS AND REPLACEMENTS (10%) $1,503.31 $275.84

TOTAL ANNUAL ASSESSMENT: *$18,491.00 *$3,393.00
*Rounded up to nearest dollar
INITIAL MAXIMUM ASSESSMENT PER ASSESSABLE ACRE : $3,393.00

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PART IV – ASSESSMENT DIAGRAM
(See next page)

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PART V – ASSESSMENT ROLLS

Parcel identification for each parcel within Zone KK shall be the parcels as shown on the Riverside County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps.

ZONE KK includes the following Assessor’s Parcel Numbers (APNs) as of the date of this Report: 175-210- 035 and 175-210-037.

The assessment to be levied upon each parcel that benefits from the annexation of ZONE KK to L&LMD No. 89-1-C will be $3,393 per acre for fiscal year 202 4-25. As stated in this Report, the total budget for ZONE KK for the fiscal year 202 4-25 is $18,491. The initial Maximum Assessments per assessable parcel for ZONE KK are as follows:

APN

Approximate
Assessable
Acreage
Assessment Per Acre Maximum
Assessment
FY24-25
175-210-037 2.61 $3,393.00 $8,855.73
175-210-035 2.84 $3,393.00 $9,636.12

The initial Maximum Assessment shall be adjusted annually by the greater of two percent (2%) or the cumulative percentage increase in the CPI -U for All Items Index published by the BLS for Riverside-San Bernardino-Ontario area.

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120

STAFF REPORT
DATE: JUNE 1, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 13.P

CONSIDERATION OF A PIPELINE CROSSING AGREEMENT

BETWEEN THE CITY OF JURUPA VALLEY AND UN ION PACIFIC

RAILROAD COMPANY FOR AN UNDERGROUND S TORM DRAIN

PIPELINE CROSSING

RECOMMENDATION
1) That the City Council approve the Agreement between the City of Jurupa Valley and Union Pacific Railroad Company for an underground storm drain pipeline crossing and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
On November 4 2021, the Jurupa Valley City Council approved TTM No. 37714 for Appaloosa Springs. A residential subdivision of 67.67 combined acres into 254 single family residential lots on 25.59 acres. The project site is located a t 6501 Clay Street (APNS: 163 - 400-001 & 052) and bounded by the Union Pacific Railroad Company (UPRR) right-of-way on the south.

ANALYSIS
As part of extending utilities to the project site, a 36” storm drain pipe is required to be installed under the UPRR crossing inside a 48” steel casing , connecting to Van Buren Boulevard. Prior to initiating these improvement s, the City needs to enter into an Agreement with UPRR because the storm drain line is partially located within their right- of-way.

The Agreement (UPRR Project No. 0782196) will grant the City additional right s to be able to facilitate the construction and thereafter maintain and operate the storm drain pipe.

RETURN TO AGENDA
Page | 2

The City will be required to pay UPRR $15,910 upon the execution of the pipeline crossing agreement which will be reimbursed by the developer.

FINANCIAL IMPACT

Upon approval of the Agreements, the City is required to pay $ 15,910 to UPRR, which grants the City the rights to construct, maintain, and operate the storm drain pipeline.

ALTERNATIVES

1. Do not approve the at-grade crossing Agreement between the City and Union Pacific Railroad Company for Rutile Street.

************************ SIGNATURES ON FOLLOWING PAGE *************************

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

December 2, 2022
Project: 0782196

CITY OF JURUPA VALLEY

Re: Proposed One (1) Thirty- six Inch (36") RCP Pipe Cased In A Forty-eight Inch (48") Steel Casing For An Underground Storm Drain Pipeline Crossing Pipeline Crossing of Railroad Property at Mile Post 50.49 on the Los Angeles Subdivision at or near Riverside, Riverside County, California

Attached is an original of the agreement covering your use of the Railroad Company’s right of way. Please return the executed agreement via email. For any payment(s), please follow the accompanying instructions.

An original copy of the fully- executed document will be returned to you, when approved and processed by the Railroad Company.

• Payment in the amount of fifteen thousand nine hundred ten dollars ($15,910.00) is due and payable to Union Pacific Railroad Company upon your execution of the agreement. Please include your payment, with Project No. 0782196 noted on that document. If you require formal billing, you may consider this letter as a formal bill and that 946001323 is this Corporation’s correct Federal Taxpayer Identification Number.

• Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA, to make available RPLI to you or your contractor. You can find additional information, premium quotes, and application forms at (uprr.marsh.com).

If we have not received the executed documents within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void.

If you have any questions, please contact me at [email protected].

Sincerely,

Thomas Leddy
Manager II - Real Estate

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 080808 Project No. 0782196
Last Modified: 06/05/18
Form Approved, AVP-Law

PIPELINE CROSSING

AGREEMENT

Mile Post: 50.49, Los Angeles Subdivision
Location: Riverside, Riverside County, California

THIS AGREEMENT (“Agreement”) is made and entered into as of December 2, 2022, (“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (“Licensor”) and CITY OF JURUPA VALLEY, to be addressed at 8930 Limonite Avenue, Jurupa Valley, California 92509 (“Licensee”).

IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

Article 1. LICENSOR GRANTS RIGHT.

A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) thirty-six inch (36") RCP pipe cased in a forty- eight inch (48") steel casing for an unde rground storm drain pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Riverside, Riverside County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated December 2, 2022, attache d hereto as Exhibit A and made a part hereof.

B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for one (1) thirty-six inch (36") RCP pipe cased in a forty- eight inch (48") steel casing for an underground storm drain pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.

C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.

Article 2. LICENSE FEE.

A. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one -time License Fee of fifteen thousand nine hundred ten dollars ($15,910.00).

Article 3. TERM.

This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of Exhibit B.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 4. LICENSEE'S COMPLIANCE WITH GENERAL TERMS.

Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or its contractors will strictly comply with all terms and conditions set forth herein, including the General Terms and Conditions, attached hereto as Exhibit B and made a part hereof.

Article 5. INSURANCE.

A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof. Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, endorsements, etc.) to Licensor at the address listed in the "NOTICES" Section of this Agreement.

B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement, those statutes shall apply.

Article 6. DEFINITION OF LICENSEE.

For purposes of this Agreement, all references in this Agreement to Licensee wi ll include Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification requirements set forth in the "INDEMNITY" Section of Exhibit B . Licensee shall require any Contractor to release, defend, and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend, and indemnify Licensor herein.

Article 7. ATTORNEYS’ FEES, EXPENSES, AND COSTS.

If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys’ fees and court costs, of the prevailing Party in such action, suit, or proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is rendered. The provisions of this Article shall survive the termination of this Agreement.

Article 8. WAIVER OF BREACH.

The waiver by Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by Licensee shall in no way impair t he right of Licensor to avail itself of any remedy for any subsequent breach thereof.

Article 9. ASSIGNMENT.

A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without Licensor's written consent, will be absolutely void and may result i n Licensor's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B.

B. Upon Licensor's written consent to any assignment, this Agreement will be binding upon and inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 10. SEVERABILITY.

Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement.

Article 11. NOTICES.

Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices required by this Agreement must be in writing, and (i) personally served upon the business address listed below ("Notice Address"), ( ii) sent overnight via express delivery by a nationally recognized overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. O vernight express delivery notices will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three (3) days after deposit with the United States Postal Service.

If to Licensor: Union Pacific Railroad Company
Attn: Analyst – Real Estate Utilities (Project No. 0782196) 1400 Douglas Street, MS 1690
Omaha, Nebraska 68179

If to Licensee: CITY OF JURUPA VALLEY
8930 Limonite Avenue
Jurupa Valley, California 92509

Article 12. SPECIAL PROVISION – CONSTRUCTION OBSERVATION.

Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work.

Licensee is to directly coordinate services with the named inspector:

Railpros Field Services
Email: [email protected]
Phone (682)223-5271

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY CITY OF JURUPA VALLEY

By: __________________________________

Thomas Leddy
Manager II - Real Estate

Name Printed: __________________________

Title: _________________________________

X
90 148.0
55 930
1 NA
NA
NA

15.7 5
NOTES:
1) ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK 2) REFER TO AREMA VOLUME 1. CHAPTER 1. PART 5. SECTION 5.1

BORED AND JACKED

AT MINIMUM SIGNS WILL BE PROVIDED AS STATED ABOVE
RCP NA

STORM DRAIN
0 0
2000-D 36
NO

STEEL PIPE NA
148

0.688 48
NO
SEALED
55 88

MAINLINE TRACK

33.969224
-117.468816

RIVERSIDE CARIVERSIDE

CITY OF JURUPA VALLEY
12/2/20220331263

NON-FLAMMABLE LIQUID

PIPELINE
Clay Street C/L
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 06/05/18
Form Approved, AVP Law

EXHIBIT B

GENERAL TERMS AND CONDITIONS

Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.

A. The foregoing grant is subject and subordinate to the prior and continuing right and obligation of Licensor to use and maintain its entire property including the right and power of Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Licensor without liability to Licensee or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additiona l permission, license and grants necessary on account of any such existing rights.

Section 2. ENGINEERING REQUIREMENTS; PERMITS.

A. Licensee's Facilities will be designed, constructed, operated, maintained, repaired, renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor’s current engineering standards and specifications, including those for shoring and cribbing to protect Licensor's railroad operations and facilities ("UP Specifications"), except for variances approved in advance in writing by Licensor’s Assistant Vice President Engineering – Design or its authorized representative ("UP Engineering Representative"); (ii) such ot her additional safety standards as Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"); and (iii) all applicable laws, rules, and regulations, including any applicable Federal Railroad Administration and Federal Energy Regulatory Commission regulations and enactments (collectively, "Laws"). If there is any conflict between UP Specifications, UP Additional Requirements, and Laws, the most restrictive will apply.

B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground.

C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all necessary permits required to perform any work on Licensee's Facilities.

Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES.

A. Licensee and its contractors are strictly prohibited from commencing any work associated with Licensee's Facilities without Licensor's written approval that the work will be in strict compliance with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field Representatives") at least ten (10) days before commencement of any work on Licensee's Facilities.

B. Licensee shall not commence any work until: (1) Licensor has determined whether flagging or other special protective or safety measures ("Safety Measures") are required for performance of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B.

C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its contractor shall immediately cont act Licensor's Response Management Communications Center at (888) 877-7267.

Section 4. FLAGGING.

A. Following Licensee's notice to Licensor's Field Representatives required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor shall inform Licensee if Safety Measures are required for performance of the work by Licensee or its contractor on Railroad Property. If Safety Measures are required, no work of any kind may be performed by Licensee or its contractor(s) until ar rangements for the Safety Measures have been made and scheduled. If no Safety Measures are required, Licensor will give Licensee written authorization to commence work.

B. If any Safety Measures are performed or provided by Licensor, including but not limited to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state, or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state, or local governmental entity. Additional information regarding the submission of such expenses by Licensor and payment thereof by Licensee can be found in the "LICENSEE’S PAYMENT OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement.

C. For flagging, the rate of pay per hour for each flagger will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen used duri ng regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage, and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.

D. Reimbursement to Licensor will be required covering the full eight -hour day during which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flaggers following the flaggers' assignment to work on the project for which Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by assignment of such flaggers to other work, even though Licensee may not be working during such time.

When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled, even though flagging is no longer required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 5. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes precedence over any work on Licensee's Facilities to be performed Licensee or its contractors. Licensee shall be responsible for initiating, maintaining and supervising all safety operations and programs in connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum comply, with L icensor's then current safety standards located at the below web address ("Licensor's Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces.

As a part of Licensee's safety responsibilities, Licensee shall noti fy Licensor if it determines that any of Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad Property.

Union Pacific Current Safety Requirements

B. Licensee shall keep the job site on Railroad Property free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the work.

C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee at any time that would in any manner impair the safety thereof.

D. Licensor's operations and work performed by Licensor’s personnel may cause delays in Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit

E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, r epair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities. In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B.

F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives.

Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's then-current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including any applicable Federal Aviation Administration regulations and enactments pertaining to UAS .

Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee’s expense, and will not commence any work on Railroad Property until all such protection or relocation has been completed.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

Section 7. LICENSEE'S PAYMENT OF EXPENSES.

A. Licensee shall bear the entire cost and ex pense of the design, construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities.

B. Licensee shall fully pay for all materials joined, affixed to and labor performed on Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any mechanic’s or materialman’s lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor, and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be increased because of the location, construction, or maintenance of Licensee's Facilities or any improvement, appliance, or fixture connected therewith placed upon such property, or on account of Licensee’s interest therein. Where such tax, charge, or assessment may not be separately made or assessed to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee’s property upon property of Licensor as compared with the entire value of such property.

C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right, if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not limited to supervision, inspection, and flagging services. In the event Licenso r provides such Safety Measures, Licensor shall submit an itemized invoice to Licensee's notice recipient listed in the "NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such invoice within thirty (30) days of Licensee's receipt of such invoice.

Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES.

A. This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use "). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, in the furtherance of Railroad's Use.

B. Upon any Modification of all or any portion of Licensee's Facilities to another location on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to this Pipeline Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of this Exhibit B . Any such Modification(s) off of Railroad Property will not release Licensee from any liability or o ther obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities.

Section 9. RESTORATION OF RAILROAD PROPERTY.

In the event Licensee, in any manner moves or disturbs any property of Licensor in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee’s sole cost Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 and expense, restore Licensor’s property to the same condition as the same were before such property was moved or disturbed.

Section 10. INDEMNITY.

A. Definitions. As used in this Section:

1. "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents and employees, and other railroad companies using Railroad Property at or near the location of Licensee’s installation and their officers, directors, agents, and employees.

2. "Licensee" includes Licensee and its agents, contractors, subcontractors, su b- subcontractors, employees, officers, and directors, or any other person or entity acting on its behalf or under its control.

3. "Loss" includes claims, suits, taxes, loss, damages (including punitive damages, statutory damages, and exemplary damages), costs, charges, assessments, judgments, settlements, liens, demands, actions, causes of action, fines, penalties, interest, and expenses of any nature, including court costs, reasonable attorneys’ fees and expenses, investigation costs, and appeal expenses.

B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is related to Licensee’s construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any actual or alleged:

1. Bodily harm or personal injury (including any emotional injury or disease) to, or the death of, any person(s), including, but not limited to, Licensee, Licensor, any telecommunications company, or the agents, contractors, subcontractors, sub-subcontractors, or employees of the foregoing;

2. Damage to or the disturbance, loss, move ment, or destruction of Railroad Property, including loss of use and diminution in value, including, but not limited to, any telecommunications system(s) or fiber optic cable(s) on or near Railroad Property, any property of Licensee or Licensor, or any property in the care, custody, or control of Licensee or Licensor;

3. Removal of person(s) from Railroad Property;

4. Any delays or interference with track or Railroad’s Use caused by Licensee's activity(ies) on Railroad Property, including without limitation the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities or any part thereof, any activities, labor, materials, equipment, or machinery in conjunction therewith;

5. Right(s) or interest(s) granted pursuant to this Agreement;

6. Contents escaping from Licensee's Facilities, including without li mitation any actual or alleged pollution, contamination, breach, or environmental Loss;

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

7. Licensee’s breach of this Agreement or failure to comply with its provisions, including, but not limited to, any violation or breach by Licensee of any representations and warranties Licensee has made in this Agreement; and

8. Violation by Licensee of any law, statute, ordinance, governmental administrative order, rule, or regulation, including without limitation all applicable Federal Railroad Administration regulations.

C. THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT

PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING

FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF

LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR PRECLUDE LICENSEE’S OBLIGATIONS TO LICENSOR IN ANY RESPECT.

NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR

SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND

DIRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION.

Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES.

A. If Licensee does not use the right herein granted on Licensee's Faciliti es for one (1) year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discretion, te rminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

B. In addition to the provisions of Paragraph "A" above, this Agreement may be terminated by written notice given by either party, without cause, upon thirty (30) days written notice to the non-terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

C. Prior to the effective date of any termination described in this Section, Licensee shall submit an application to Licensor's online Utility Contracts System at this link for Licensee's removal, or if applicable, abandonment in place of Licensee's Facilities located on Railroad Property ("Removal/Abandonment Work"). Upon the UP Engineering Representative's approval of Licensee's application for the Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will govern Licensee's performance of the Removal/Abandonment Work from those portions of Railroad Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then restore the impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's installation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of the Removal/Abandonment Work, and (ii) restoration work will hereinafter be collectively referred to as the "Restoration Work".

D. Following Licensee's completion of the Restoration Work, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental authorities, as required by law, and notify Licensor immediately if any environm ental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original, uncontami nated condition.

Licensee shall provide written certification to Licensor at the address listed in the "NOTICES" Article of this Agreement that environmental contamination has been remediated and the property has been Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this Agreement will terminate.

E. In the event that Licensee fails to complete any of the Restoration Work, Licensor may, but is not obligated, to perform the Restoration Work. Any such work actually performed by Licensor will be at the cost and expense of Licensee. In the event that Licensor performs any of the Restoration Work, Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this Exhibit B) arising out of or related to Licensor's performance of the Restoration Work.

F. Termination of this Agreement for any reason will not affect any of rights or obligations of the parties which may have accrued, or liabilities or Loss (defined in the "INDEMNITY" Section of this Exhibit B), accrued or otherwise, which may have arisen prior to such termination.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

EXHIBIT C

INSURANCE REQUIREMENTS

In accordance with Article 5 of this Agreement, Licensee shall (1) procure and maintain at its sole cost and expense, or (2) require its Contractor(s) to procure and maintain, at their sole cost and expense, the following insurance coverage:

A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000.

CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liabili ty arising out of any auto (including owned, hired, and non-owned autos).

The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
• "Coverage For Certain Operations In Connection With Railroads" ISO form C A 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

C. Workers' Compensation and Employers' Liability Insurance . Coverage must include but not be limited to:
• Licensee’s statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Licensee is self -insured, evidence of state approval and excess workers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL) applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cl eanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured’s performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured; and separately to the additional insured against which claim is made or suit is brought. Coverage shall be maintained in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000.

Licensee warrants that any retroactive date applicable to ELL insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 will be maintained for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed.

E. Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification, reconstruction, or removal work on Licensee's Facilities.

F. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow form" and afford no less coverage than the primary policy.

Other Requirements
G. All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Licensor as additional insured shall not be limited by Licensee’s liability under the indemnity provisions of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICE NSOR

WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed.

I. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on the certificate of insurance.

J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed.

K. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage.

Jurupa Valley City CouncilJune 1, 2023

Jurupa Valley City Council
June 1, 2023