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 capitalizati on 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-
12774-0102\2659084v2.doc
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, Subreci pient 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 Ci ty 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 t he 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.
10.5 Changes in Grant Allocation . City reserves the right to reduce the grant allocation when City ’s fiscal mon itoring 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-
12774-0102\2659084v2.doc
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 specific ally 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 Agreement shall apply to any services provided with program income. Program income -11-
12774-0102\2659084v2.doc
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 unde r 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 t ime 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 improvements, 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 . Subrecipie nt 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 change. 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.
-12-
12774-0102\2659084v2.doc
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 will 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 p roperty 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, li mit Subrecipient’s authority to commit and spend funds, and may restrict Subrecipient ’s use of both its uncommitted and its -13-
12774-0102\2659084v2.doc
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 i t 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 fin ancial, 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
-14-
12774-0102\2659084v2.doc
(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 perfo rmance 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 r egulations 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 th is 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 les s 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).
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.
-15-
12774-0102\2659084v2.doc
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.
11.2 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 Disabilities Act and specifically 42 USC § 12132, Subrecipient acknowledges and ag rees 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 Ag reement. 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 -16-
12774-0102\2659084v2.doc
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 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 coop erative 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.
-17-
12774-0102\2659084v2.doc
“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 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.
-18-
12774-0102\2659084v2.doc
(iii) Amount of the subcontract award.
(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
-19-
12774-0102\2659084v2.doc
(ii) The public does not have access to information about the compensation of the executives throug h 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 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 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 throug h 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-
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.
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 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)
-21-
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
__________________________________
Guillermo Silva
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: ________________________________
-22-
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 2024 -25 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 2024-25 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 2024-25 state goal of individuals served.
Intake/Assessment of Eligibility: T
he 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 147 i ndividuals who live in Jurupa Valley will be served 12,642 nutritious meals from the Eddie Dee Smith Senior Center during the program year.
Operations: T he Senior Nutrition Program will operate at the Eddie Dee Smith Center, located at 588 Mission Boulevard, Jurupa Valley, CA 92509. The FSA Administration office is located at 21250 Box Springs Road, Suite 212, Moreno Valley, CA 92557.
-23-
12774-0102\2659084v2.doc
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
-24-
12774-0102\2659084v2.doc
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.
-25-
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: 7/1/2024-6/30/2025
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 B. 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
-1-
12774-0102\2659084v2.doc
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF JURUPA
VALLEY AND JURUPA FOOTBALL AND CHEER
(Jurupa Steelers Program)
THIS AGREEMENT is made and entered into as of July 1, 2024, by and between the CITY OF JURUPA VALLEY, a California municipal corporation ( “City”) and JURUPA FOOTBALL AND CHEER, 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 2024-25 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 2024-25 CDBG Program, pursuant to the Housing and Community Development Act of 1974, as amended.
1.3 The Federal Accounting and Transparency Act 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 addi tional 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 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.
3. TERM. The term of this Agreement shall be from July 1, 2024, to June 30, 2025, 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 five thousand dollars ($5,000).
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-
12774-0102\2659084v2.doc
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
Jurupa Football and Cheer
P.O. Box 33321
Jurupa Valley, CA 92509
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 terminatio n 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, f ollowing 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-
12774-0102\2659084v2.doc
(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-
12774-0102\2659084v2.doc
that the City has no obligation to pay or withhold stat e 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 f or 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 Subr ecipient’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 provision shall apply t o 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 and required insurance policies and coverages may be modifi ed 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 compa nies 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.
-5-
12774-0102\2659084v2.doc
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 l iability 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 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, co mmercial 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 liabi lity 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-
12774-0102\2659084v2.doc
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, including, without limitation, the following co verages: 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 vehi cles, 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-
12774-0102\2659084v2.doc
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 Subreci pient 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 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-
12774-0102\2659084v2.doc
Subrecipient in conducting current or prospective projects, programs, or busi ness 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 f unding 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 a re 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 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 Agreem ent; (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 tangibl e 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-
12774-0102\2659084v2.doc
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. Subrecipie nt 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 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 Agree ment 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-
12774-0102\2659084v2.doc
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 cons tructed 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 Subr ecipient. 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 Agreement shall apply to any services provided with program income. Program income -11-
12774-0102\2659084v2.doc
must be used be fore 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 t ime 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 improvements, 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 . Subrecipie nt 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 change. 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.
-12-
12774-0102\2659084v2.doc
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 will 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 proce eds 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-
12774-0102\2659084v2.doc
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 affe ct 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
-14-
12774-0102\2659084v2.doc
(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 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 dispositi on 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 te rmination 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).
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.
-15-
12774-0102\2659084v2.doc
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.
11.2 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 Disabilities Act and specifically 42 USC § 12132, Subrecipient acknowledges and ag rees 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 Ag reement. 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 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 -16-
12774-0102\2659084v2.doc
services funded under this part, and participati on 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 may not exceed the cost of those portions of the acquisition, c onstruction, 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 wi ll 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.
-17-
12774-0102\2659084v2.doc
“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 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.
-18-
12774-0102\2659084v2.doc
(iii) Amount of the subcontract award.
(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
-19-
12774-0102\2659084v2.doc
(ii) The public does not have access to information about the compensation of the executives throug h 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 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 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 throug h 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-
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.
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 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)
-21-
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
__________________________________
Guillermo Silva
Mayor
Attest:
___________________________________
Victoria Wasko, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
Peter M. Thorson
City Attorney
JURUPA FOOTBALL AND CHEER , a
California non-profit corporation
By:
Name:
Title: ________________________________
By:
Name:
Title: ________________________________
-22-
12774-0102\2659084v2.doc
EXHIBIT “A”
SCOPE OF SERVICES
Jurupa Football and Cheer will be responsible for administering the Jurupa Steelers Program during the 2024-25 CDBG Program Year. The Subrecpient will administer all tasks in connection with the Jurupa Steelers 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 Jurupa Steelers 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 learning opportunities for eligible youth in football & cheer that will a llow each member to experience a positive learning environment.
Outreach: The Subgrantee will conduct sufficient advertisement of the CDBG Year 2024-25 Jurupa Steelers 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 2024-25 state goal of individuals served.
Intake/Assessment of Eligibility: T
he 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 200 individuals who live in Jurupa Valley will be provided with football gear during the program year.
Operations: The Jurupa Steelers Program will operate at the Veterans Memorial Park, located at 4390 Pacific Avenue, Jurupa Valley, CA 92509. The Jurupa Football and Cheer Administration office is located 4390 Pacific Avenue, Jurupa Valley, CA 92509.
-23-
12774-0102\2659084v2.doc
EXHIBIT “B”
BUDGET
Budget Category CDBG
Agency Administration Staff Salaries $0
Program Staff Salaries & Benefits $0
Program Supplies – Football Gear $5,000
Rent/Lease $0
Communications $0
Utilities $0
Insurance $0
Professional Services $0
Total $5,000
-24-
12774-0102\2659084v2.doc
EXHIBIT “C”
POLICIES AND REGULATIONS
The City has on file the Jurupa Football and Cheer By-laws for 2024. -25-
12774-0102\2659084v2.doc
EXHIBIT “D”
SUBAWARD INFORMATION
1. Subrecipient Name (which must match registered name in DUNS): Jurupa Football and Cheer
2. Subrecipient’s DUNS Number: __In Process_____________
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: 7/1/2024-6/30/2025
6. Amount of Federal Funds Obligated by this Activity: $5,000
7. Total Amount of Federal Funds obligated to Subrecipient: $5,000
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): Jurupa Steelers 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 B. 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
-1-
12774-0102\2659084v2.doc
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF JURUPA
VALLEY AND GIRLS ON THE RUN RIVERSIDE COUNTY
THIS AGREEMENT is made and entered into as of July 1, 2024, by and between the CITY OF JURUPA VALLEY, a California municipal corporation ( “City”) and GIRLS ON THE RUN RIVERSIDE COUNTY, 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 2024-25 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 2024-25 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 a girls youth development running 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, 2024, to June 30, 2025, 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 five thousand dollars ($5,000).
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.
5. NOTICES. Any notices, invoices , or payments provided for, or required, to be given hereunder shall be in writing and shall be pers onally served or given by mail. Any notice -2-
12774-0102\2659084v2.doc
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
Girls on the Run Riverside County
P.O. Box 21044
Riverside, CA 92516
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 termin ation 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 Agreemen t, 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 (2) Subrecipient does not assume City’s environmental responsibilities; -3-
12774-0102\2659084v2.doc
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 that the City has no obligation to pay or withhold stat e or federal taxes or to provide workers ’ compensation or unemployment insurance to Subrecipient, or to Subrecipient ’s employees, -4-
12774-0102\2659084v2.doc
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 f or 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 Subr ecipient’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 provision shall apply t o 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 and required insurance policies and coverages may be modifi ed 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 compa nies 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.
-5-
12774-0102\2659084v2.doc
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 l iability 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 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, co mmercial 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 liabi lity 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-
12774-0102\2659084v2.doc
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, including, without limitation, the following co verages: 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 vehi cles, 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-
12774-0102\2659084v2.doc
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 Subreci pient 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 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-
12774-0102\2659084v2.doc
Subrecipient in conducting current or prospective projects, programs, or busi ness 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 f unding 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 a re 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 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 Agreem ent; (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 tangibl e 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-
12774-0102\2659084v2.doc
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. Subrecipie nt 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 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 Agree ment 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-
12774-0102\2659084v2.doc
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 cons tructed 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 Subr ecipient. 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 Agreement shall apply to any services provided with program income. Program income -11-
12774-0102\2659084v2.doc
must be used be fore 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 t ime 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 improvements, 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 . Subrecipie nt 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 change. 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.
-12-
12774-0102\2659084v2.doc
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 will 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 proce eds 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-
12774-0102\2659084v2.doc
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 affe ct 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
-14-
12774-0102\2659084v2.doc
(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 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 dispositi on 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 te rmination 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).
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.
-15-
12774-0102\2659084v2.doc
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.
11.2 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 Disabilities Act and specifically 42 USC § 12132, Subrecipient acknowledges and ag rees 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 Ag reement. 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 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 -16-
12774-0102\2659084v2.doc
services funded under this part, and participati on 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 may not exceed the cost of those portions of the acquisition, c onstruction, 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 wi ll 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.
-17-
12774-0102\2659084v2.doc
“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 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.
-18-
12774-0102\2659084v2.doc
(iii) Amount of the subcontract award.
(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
-19-
12774-0102\2659084v2.doc
(ii) The public does not have access to information about the compensation of the executives throug h 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 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 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 throug h 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-
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.
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 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)
-21-
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
__________________________________
Guillermo Silva
Mayor
Attest:
___________________________________
Victoria Wasko, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
Peter M. Thorson
City Attorney
GIRLS ON THE RUN RIVERSIDE , a
California non-profit corporation
By:
Name:
Title: ________________________________
By:
Name:
Title: ________________________________
-22-
12774-0102\2659084v2.doc
EXHIBIT “A”
SCOPE OF SERVICES
At GOTR Riverside County, we inspire girls to be joyful, healthy, and confident using an experience-based curriculum that creatively integrates running. We accomplish this mission through implementing the natio nally recognized Girls on the Run program that successfully uses physical activity as a platform for teaching girls critical life skills and behaviors. Trained, caring, and qualified coaches from the community deliver the ten- week program during out - of-school time by guiding small teams of girls through lessons that promote physical activity concurrently with social -emotional learning. The program culminates with girls positively impacting their communities through a service project and completing a celebra tory, non- competitive 5K event.
Community Development Block Grant (CDBG) funds in the amount of $5,000 will support the expansion of Girls on the Run programming into the City of Jurupa Valley. This funding will provide services to at least 25 girls in 3rd through 8th grade from low to moderate income families in the City of Jurupa Valley.
Girls on the Run Riverside County will provide the services during our Fall 2024 and/or Spring 2025 seasons. Registration for programming will be hosted through our websi te (with paper registration available as needed). The CDBG Income Self -Certification Form will be completed on paper, during the first week of the season.
Girls on the Run will recruit site sponsors and volunteer coaches. For all volunteers, Girls on the R un will facilitate 4 hours of volunteer training, complete all background checks, and provide program materials. Each volunteer only needs to complete the training once. Girls on the Run will collaborate with sites to recruit participants.
-23-
12774-0102\2659084v2.doc
EXHIBIT “B”
BUDGET
Personnel costs to coordinate
site/coach/participant recruitment, coach
training, material procurement/distribution,
site visits, and 5K support
$2,200
Supplies (Curriculum Guides, Activity Sheets,
Lesson Materials, t-shirts, medals, 5K
supplies, shoes/sports bras as needed)
$2,200
General Operating Costs (Annual licensing
renewal fees, website, email marketing)
$600
Total $5,000
-24-
12774-0102\2659084v2.doc
EXHIBIT “C”
POLICIES AND REGULATIONS
The City has on file the Girls on the Run Riverside County Policy Manual -25-
12774-0102\2659084v2.doc
EXHIBIT “D”
SUBAWARD INFORMATION
1. Subrecipient Name (which must match registered name in DUNS): Girls on the Run Riverside
2. Subrecipient’s DUNS Number: NGCCHLFACE67
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: 7/1/2024-6/30/2025
6. Amount of Federal Funds Obligated by this Activity: $5,000
7. Total Amount of Federal Funds obligated to Subrecipient: $5,000
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): Improving lives of youth in Jurupa Valley through Girls on the Run 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 B. 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
STAFF REPORT
D
ATE: JUNE 6, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 16.A
P
UBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION;
DECLARING THE RESULTS OF THE ELECTION; AND APPROVING
FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF
JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024- 006 (PUBLIC SAFETY, PM37679) GENERALLY LOCATED AT THE
NORTHWEST CORNER OF CANTU GALLEANO RANCH ROAD AND
PIER ENTERPRISES WAY
RE
COMMENDATION:
1)
That the City Council open the public hearing and take testimony, if any. 2) Following th e public hearing, sta ff recommends that the City Council adopt Resolution No. 2024-36, entitled:
R ESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2024 -006 (PUBLIC SAFETY, PM37679), TO ESTABLISH AN APPROPRIATIONS LIMIT THEREFORE, TO
AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND TO SUBMIT
THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF; AND 3) That the City Council adopt Resolution No. 2024-37, entitled:
RE SOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY
CALLING A SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED
ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. PS 2024-006 (PUBLIC SAFETY, PM37679) PROPOSITIONS
REGARDING THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
RETURN TO AGENDA
AND THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT; AND
4) That the City Council adopt Resolution No. 2024-38, entitled:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY
DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF
JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS2024-006 (PUBLIC SAFETY, PM37679 ) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND
5) That the City Council waive full reading, read by title only and introduce Ordinance No. 2024-13, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024- 006 (PUBLIC SAFETY, PM37679) AUTHORIZING THE LEVY OF A SPECIAL
TAX THEREIN
BACKGROUND
On March 7, 2024 the City Council took the first step in the process of forming CFD NO.
PS 2024-006 PUBLIC SAFETY, PM37679 (“CFD NO. PS 2024 -006”). At that time the City Council approved a Resolution of Intention, Resolution No. 2024- 13, to form CFD No. PS 2024 -006 and to authorize the levy of a special tax. At that meeting the City Council set April 18, 2024 as the date for the public hearing. The public hearing was opened on April 18
th and continued to the June 6, 2024 meeting.
The State Legislature enacted the Mello- Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The owner , Westates Holdings, LLC (“Owner”), requested that the City assist them in forming a district in order to cover the costs associated with providing law enforcement protection services.
The CFD will set up a special tax to generally cover cost associated with providing law enforcement protection services, including but not limited to:
• The costs of contracting services.
• Equipment, vehicles, supplies.
• The salaries and benefits of City staff that directly provide police protection services and other services as defined herein, respectively. • City overhead costs associated with providing such services within the District. • Services related thereto, including collection and accumulation of funds to pay for anticipated operating cost shortfalls.
ANALYSIS
The proposed CFD will have a Maximum Special Tax for base year (FY2024-2025) of:
TAX A
Commercial Retail Property (square foot) $0.126
Light Industrial Property (square foot) $0.044
Approved Property (square foot) $0.126
These rates will increase based on the percentage increase in the Consumer Price Index, for Riverside-San Bernardino-Ontario area, with a maximum annual increase of 6% and a minimum annual increase of 2 % of the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petition representing their willingness to move forward.
OTHER INFORMATION
• City Council initiated proceedings for the formation on March 7, 2024. (Resolution No. 2024-10).
FINANCIAL IMPACT
The individual property owners are responsible for the annual payments of special taxes.
The City will file the annual special tax with the County Auditor -Controller. The property owners have posted a deposit with their application to form CFD NO. PS 2024 -006, in order to cover City costs incurred in connection with the formation. Approval of the actions set forth in this staff report do not in any way commit the City to any financial contribution or liability by CFD NO. PS 2024 -006. The City’s cost to admi nister CFD NO. PS 2024 - 006 annually will be reimbursed through the special taxes charged to property owners.
The revenue from this special tax will be deposited into a fund for CFD NO. PS 2024-006 and will be used to pay for the Services as listed above and presented in the RMA. Both the revenue and expenses will be part of the City’s FY 2024 -2025 Adopted Budget, and there is no anticipated impact to the general fund. At base year the estimated maximum annual assessment for CFD 2024- 006 is expected to be $6,758.30, as summarized below:
APN Description Tax per Taxable
Unit
Square
Footage
FY24-25
Assessment
160-040-053 Light Industrial $ 0.044 122,585 $ 5,393.70
160-040-052 Commercial Retail $ 0.126 10,830 $1,364.60
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
-1-
RESOLUTION NO. 2024-36
A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024-006 (PUBLIC
SAFETY, PM37679) , TO ESTA BLISH AN APPROPRIATIONS LIMIT
THEREOF, TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN,
AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS
LIMIT AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED
ELECTORS THEREOF
WHEREAS, on March 7, 2024 , the City Council adopted a resolution entitled “A Resolution of Intention of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. PS 2024-006 (PUBLIC SAFETY, PM37679) and to authorize the Levy of a Special Tax within City of Jurupa Valley Community Facilities District No. PS 2024-006 (PUBLIC SAFETY, PM37679) ” (the “Resolution of Intention”), stating its intention to form Community Facilities District No. PS 2024-006 (PUBLIC SAFETY, PM37679) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”);
WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD , Services to be financed by the CFD, including incidental expenses, and the rate and method of apportionment (the ‘”Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the S ervices, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein;
WHEREAS, the Resolution of Intention set April 18, 2024 at 7:00 p.m. , or as soon thereafter as practical, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method;
WHEREAS, said public hearing was continued to June 6, 2024;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD;
WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method were heard and a full and fair hearing was held;
WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “CFD Report”) as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council , at the conclusion of said hearing, is fully advised in the premises;
-2-
WHEREAS, written protests with respect to the f ormation of the CFD, the furnishing of specified types of services and the Rate and M ethod have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and
WHEREAS, the Special T ax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special taxes.
WHEREAS, City Staff reviewed the proposed CFD formation and determine d that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code and the California Environmental Quality Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, (collectively “CEQA”). CEQA Guidelines S ection 15378 specifically state that the term “project” for CEQA purpos es does not include “continuing administrative or maintenance activities” or “t he creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines §§ 15378 (b)( 2) and (b)(4).)
WHEREAS, the CFD is intended to fund the cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, in cluding building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses, which constitute administrative and maintenance functions of the City. Further, establishment of a revenue stream to fund ongoing services does not involve commitment to any specific project that would have a potentially significant impact on the environment because the funds would not be used to construct new or expand existing facilities.
WHEREAS, in addition to the foregoing, because the project is a financing mechanism to fund ongoing administrative and maintenance operations, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:
1. Recitals Correct. The foregoing recitals are true and correct.
-3-
2. Public Hearing. On this date, pursuant to notice thereof duly given as provided by law, the City Council held a public hearing with respect to the establishment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.
3. No Majority Protest. The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.
4. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD and the levy of the Special T ax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.
5. Name of the District. The community facilities district designated “City of Jurupa Valley Community Facilities District No. PS 2024-006 (PUBLIC SAFETY, PM37679) ” of the City is hereby established pursuant to the Act.
6. Boundaries of the District. The Resolution of Intention provides the boundaries of the territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the Riverside County Recorder’s Office on ________, 2024, in Book ___ at Page ___ as Instrument No. 2024-__________ of Maps of Assessment and Community Facilities Districts.
7. Description of Services. The Services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit “A” hereto and by this reference incorporated herein.
8. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.
b. The proposed Rate and Method, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit “B” attached hereto and hereby incorporated herein.
9. Report. The CFD Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.
10. Responsible Official. The Director of Administrative Services of the City of Jurupa Valley, located at City Hall, 8930 Limonite Ave, Jurupa Valley, CA 92509 , telephone number (951) 332-6464, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax. -4-
11. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.
12. Description of Voting Procedures. The voting proc edures to be followed in conducting the special election (the “Special Election”) on the proposition of the annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:
a. If at least 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public or protest hearing (the “protest hearing”), the vote in the Special Election shall be by the registered voters of the CFD with each voter having one vote. In that event, the Special Election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the b allots for the Special Election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election.
b. If 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the protest hearing, the vote in the Special Election is to be by the landowners of the CFD, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the CFD and the Special Election shall be conducted by the City Clerk pursuant Section 53326 of the Act as follows:
(i) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution calling the Special Election, to submit to the qualified electors of the CFD the propositions with respect to: (i) the levy of Special T ax to finance the Services and (ii) the establishment of an appropriations limit for the CFD.
(ii) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the protest h earing if the qualified electors of the CFD waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(iii) Pursuant to said Section 53326, b allots for the Special Election shall be distributed to the qualified electors by the Clerk by mail with return postage prepaid, or by personal service.
-5-
(iv) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities , the City Clerk shall mail (or deliver) to each qualified elector an official ballot and shall also mail to all such qualified electors a ballot pamphlet and instructions to voter, inclu ding a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution and the exhibits hereto; provided, however, that analysis and arguments regarding the ballot measure may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the City Council calling the Special Election.
(v) The official ballot to be mailed (or delivered) by the Clerk to each landowner shall have printed or typed thereon the name of the landowner and the number of votes to be voted by the landowner and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner is other than a natural person, that he or she is an officer of or other person affiliated with the landowner entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner, that in voting such official ballot it was his or her intent, as well as the intent of the landowner, to vote all votes to which the landowner is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner's land ownership within the CFD.
(vi) The return identification envelope delivered by the Clerk to each landowner shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signatu re of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Clerk.
(vii) The instruction to voter form to be mailed by the Clerk to the landowners shall inform them that the official ballots shall be returned to the Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identi fication envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted no later than 7:00 p.m. on the date of the Special Election, or immediately after the Resolution Calling the Special Election is adopted.
(viii) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the Special Election, the Clerk shall canvass -6-
the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
13. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
14. Appropriations Limit. An appropriations limit for the CFD is hereby established, subject to voter a pproval, as an amount equal to all the proceeds of the Special Tax collected annually within such CFD and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population.
15. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax described in Section 8 above:
a. The Special Tax shall be levied for the specific purposes set forth in Section 7 hereof.
b. The proceeds of the levy of the Special Tax shall be applied only to the specific purposes set forth in Section 7 hereof.
c. The CFD shall establ ish an account or accounts into which the proceeds of such Special Tax shall be deposited.
d. The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the City Council as required pursuant to Governm ent Code Section 50075.3.
16. CEQA. The City Council hereby finds that the CFD formation involves creation of a funding mechanism for certain ongoing service and maintenance activities that do not have any potential for significantly impacting the environment. Further, the City Council hereby finds that it can be seen with certainty that the proposed financing mechanism and services funded thereby have no possibility of resulting in a significant effect on the environment. Therefore, the City Council, in its independent judgment, finds that the project is exempt from CEQA, and hereby directs City Staff to prepare and file a Notice of Exemption with the County Clerk within five days of adoption of this Resolution pursuant to Section 21152 of the California Public Resources Code and Section 15062 of the CEQA Guidelines.
17. Effective Date. This resolution shall take effect upon its adoption.
-7-
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 6th day of June, 2024.
______________________________
Guillermo Silva
Mayor
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
-8-
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. 2024-36 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 6th day of June, 2024 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 6th day of June, 2024.
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
EXHIBIT A
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2024-006
(PUBLIC SAFETY, PM37679)
DESCRIPTION OF SERVICES
Authorized Services shall be the following:
Special Tax Services for cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, in cluding building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses.
B-1
EXHIBIT B
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2024-006
(PUBLIC SAFETY, PM37679)
RATE AND METHOD OF APPORTIONMENT
[please see attached]
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT No. PS 2024-006 (PUBLIC SAFETY, PM 37679) OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
A Special Tax (all capitalized terms are defined in Section A., “Definitions, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. PS 2024-006 (Public Safety, PM 37679). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2024-2025, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses ” means all actual or reasonably estimated costs and expenses of the City that are chargeable or allocable to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or both, directly related to the CFD. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.
“Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.
“Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor” means the Assessor of the County.
“Assessor’s Parcel Map ” means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number ” means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year” means the Fiscal Year ending June 30, 2024.
“Boundary Map” means a recorded map of the CFD which indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes.
"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Building Permit" shall not include any subsequent Building Permits issued or changed after the first issuance.
“Business Park Property” means Business Park land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.
“CFD” means Community Facilities District No. PS 2024-006 (Public Safety, PM 37679) of the City of Jurupa Valley.
“City” means the City of Jurupa Valley, California.
“Commercial Other Property” means all Commercial land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, other than Commercial Retail Property.
“Commercial Retail Property” means Commercial Retail land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended. Taxation includes square footage of any canopy type construction.
“Consumer Price Index ” means the Consumer Price Index published by the U.S.
Bureau of Labor Statistic for “All Urban Consumers in the Riverside-San Bernardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino -Ontario Area.
“Council” means the City Council of the City acting as the legislative body of the CFD.
“County” means the County of Riverside, California.
“Developed Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1 st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D/U) ” means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E., below.
“Final Map” means a subdivision of property by recordation of a n Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq .) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending the following June 30.
“Incidental Expenses” means the costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.
“Industrial Property” means Industrial land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.
“Land Use Class” means any of the classes listed in Table 1 of Section C. below.
“Maximum Special Tax ” means for each Parcel in each Fiscal Year, the greatest amount of Special Tax, determined in accordance with Section C, below, which may be levied on such Parcel in such Fiscal Year
“Multifamily Residential Property” means all Multifamily Residential land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, and consisting of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property ” means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more non -residential structures.
“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number valid as of July 1 st for the Fiscal Year for which the Special Tax is being levied.
“Property Owner’s Association Property ” means all Parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub -association, prior to April 1 st preceding the Fiscal Year in which the Special Tax is being levied.
“Proportionately” means for Parcels of Taxable Property that are (i) Industrial Property, that the ratio of the actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Industrial Property, (ii) Commercial Retail Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Commercial Retail Property, (iii) Single Family Residential Property , that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Single Family Residential Property, (iv) Multifamily Residential Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Residential Property ; (v) Commercial Other Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Commercial Other Property ; (vi) Business Park Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Business Park Property; (vii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property.
“Public Property” means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Property” means all Parcels of Taxable Property as defined in the City of Jurupa Valley General Plan, 2017 or as amended with one or more residential Dwelling Units.
“Single Family Residential Property” means all Single Family land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, including condominiums , and excluding Multifamily Residential Property.
“Special Tax (es)” means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.
“Special Tax Requirement” means for each Fiscal Year, that amount required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determined by the City; (ii) pay amount required to establish or replenish any reserve fund established in connection with the CFD , (iii) pay Administrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Special Tax levy as determined by the Administrator.
“Special Tax Services” means t he cost associated with providing law enforcement services, including but not limited to (i) the cost s of contracting services, (ii) equipment, vehicles, supplies, (i ii) the salaries and benefits of City staff that directly provide law enforcement services, ( iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls , and (vi ) Incidental Expenses.
“State” means the State of California.
“Taxable Property” means all Parcels within the boundary of the CFD pursuant to the Boundary Map which are not exempt from the Special Tax pursuant to Section E., below.
“Taxable Unit” means either a Parcel or an Acre, as shown in Table 1.
“Undeveloped Property ” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property or Property Owner’s Association Property.
B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, commencing with Fiscal Year 2024-2025, all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
Parcels of Developed Property shall further be classified as Commercial Retail Property, Industrial Property, Single Family Residential Property, Multifamily Residential Property, Commercial Other Property, and Business Park Property . Approved Property refers to all other properties within the CFD boundaries that are neither Developed Property nor Public Property.
C. MAXIMUM SPECIAL TAX RATES
1. Developed Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below , in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below.
TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2024-2025
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property
Dwelling
Unit $ 220.00
2 Multifamily Residential Property
Dwelling
Unit $ 180.00
3 Commercial Retail Property
Building
Square Feet $ 0.126
4 Commercial Other Property
Building
Square Feet $ 0.094
5 Business Park Property
Building
Square Feet $ 0.084
6 Industrial Property
Building
Square Feet $ 0.044
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 20 25, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
(b) Multiple Land Use Classes
In some instances, a Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such Parcel shall be the sum of the Maximum Special Tax that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Parcel. The Administrator’s allocation to each Land Use Class shall be final.
2. Approved Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C. 2. (a) below, in any Fiscal Year for each Parcel classified as Approved Property shall be determined by reference to Table 2 below.
TABLE 2
Maximum Special Tax Rates for Approved
Property for Fiscal Year 2024-2025
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
7 Residential Property
Dwelling
Unit $ 100.00
8 Commercial Retail Property
Building
Square Feet $ 0.063
9 Commercial Other Property
Building
Square Feet $ 0.047
10 Business Park Property
Building
Square Feet $ 0.042
11 Industrial Property
Building
Square Feet $ 0.022
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 20 25, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 3%) of the Maximum Special Tax in effect in the previous Fiscal Year.
3. Undeveloped Property
No Special Tax shall be levied on Undeveloped Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 202 4-2025 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Property until the amount of Special Tax equals the Special Tax Requirement in accordance with the following steps:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax as needed to satisfy the Special Tax Requirement; and
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Spec ial Tax for Approved Property. Notwithstanding the forgoing sentence, no Special Tax shall be levied on Approved Property to fund items (ii) and (iii) of the Special Tax Requirement.
E. EXEMPTIONS
The CFD shall not levy Special Taxes on Public Property and Property Owner’s Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in which Parcels becomes Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt will continue to be classified as Taxable Property, and will continue to be subject to Special Taxes accordingly.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.
G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.
H. TERM OF THE SPECIAL TAX
The Special Tax shall be levied annually in perpetuity unless terminated earlier by the City.
-1-
RESOLUTION NO. 2024-37
RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF JURUPA
VALLEY, CALIFORNIA, CALLING A SPECIAL EL ECTION AND
SUBMITTING TO THE QUALIFIED ELECTORS OF CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTR ICT NO . PS 2024-006
(PUBLIC SAFETY, PM37 679) PROPOSITIONS REGARD ING THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE
ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNIT Y
FACILITIES DISTRICT
WHEREAS, on April 18, 2024, the City Council (the “City Council”) of the City of Jurupa Valley (the “City”) held a public hearing (the “Public Hearing”) on the establishment of Community Facilities District No. PS 2024-006 (PUBLIC SAFETY, PM37679) (the “District”); and
WHEREAS, said public hearing was continued to June 6, 2024;
WHEREAS, following the Public Hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. PS 2024-006 (PUBLIC SAFETY, PM37679), to Establish an Appropriations Limit therefore, to Authorize the Levy of a Special Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) ordering the formation of the District, and subject to approval of the qualified electors of the District, authorizing the levy of a special tax (the “Special Tax”) on property within the District and establishing an appropriations limit for the District, purs uant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”); and
WHEREAS, pursuant to the Resolution of Formation, the propositions relating to the levy of the Special Tax and the establishment of an appropriations limit will be submitted to the qualified electors of the District as required by the Act; and
WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Riverside that no persons are registered to vote in the territory of the District; and
WHEREAS, the City Clerk has advised the City Council th at she has received a Consent and Waiver from each and every landowner within the District, pursuant to which the each landowner has expressly waived certain requirements related to the conduct of the election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
-2-
SECTION 2. Call of Election. The City Council hereby calls and schedules a special election for June 6, 2024, to consider the proposition described in Section 3 below.
SECTION 3. Proposition.
a. Pursuant to Sections 53325.7, 53326 and 53353.5 of the Act, the proposition relating to the levy of the Special Tax and the proposition relating to the establishment of the appropriations limit shall be combined into one ballot proposition and shall be submitted to the qualified electors of the District as required by the Act.
b. If the combined proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two-thirds of the votes cast on the proposition, the Special Tax may be levied and the appropriations limit may be established as provided for in the Resolution of Formation.
c. The amount, method of collection and purpose of the Special Tax are specified in the Resolution of Formation, on f ile in the office of the City Clerk and by this reference incorporated herein.
d. The proposition to be submitted to the voters of the District at such special election shall be as follows:
“Shall special taxes with a rate and method of apportionment as s et forth in Exhibit “B” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No .
PS 2024-006 (PUBLIC SAFETY, PM37679) , to Establish an
Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No. PS 2024-006 (PUBLIC SAFETY, PM37679), to pay for law enforcement protection services, costs of contracting services, equipment, vehicles, supplies, salaries and benefits, overhead costs, collection and accumulation of funds, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, and incidental expenses thereto, and shall the appropriations limit be e stablished, all as set forth in Exhibit “A” and Exhibit “B” to the Resolution of Formation?
SECTION 4 . Electors Determined . The City Council finds that 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the Public Hearing and that pursuant to Section 53326 of the Act, the vote in the s pecial election called by this R esolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall -3-
have one vote for each acre, or portion thereof, which he or she owns within the Distr ict which would be subject to the proposed special taxes if they were levied at the time of the election.
SECTION 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.
SECTION 6. Election Procedures.
a. The procedures to be followed in conducting the special election on the proposition described in Section 3 shall be as provided in the Resolution of Formation. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution of Formation.
b. The City Council hereby finds that the qualified electors of the District have waived the time limits for conducting the special election by unanimous written consent.
SECTION 7. Concurrence of City Clerk. The City Council hereby find s and determines that the City Clerk has concurred in the shortened time for the election, pursuant to Section 53326 of the Act.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 6th day of June, 2024.
Guillermo Silva
Mayor
ATTEST:
Victoria Wasko, CMC
City Clerk
-4-
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. 2024-37 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 6th day of June, 2024 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 6th day of June, 2024.
Victoria Wasko, City Clerk
City of Jurupa Valley
-1-
RESOLUTION NO. 2024-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY DECLARING THE RESULTS OF A SPECIAL ELECTION IN
CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO.
PS 2024 -006 (PUBLIC SAFETY, PM37679) AND DIRECTING THE
RECORDING OF A NOTICE OF SPECIAL TAX LIEN
WHEREAS, in proceedings heretofore conducted by the City Council of the City of Jurupa Valley (the “City Council”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311, of the California Government Code (the “ Act”), the City Council adopted Resolution No. 2024-30 on June 6, 2024, entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. PS 2024 -006 (PUBLIC SAFETY, PM37679) Propositions Regarding the Esta blishment of an Appropriations Limit and the Annual Levy of a Special Tax within the Community Facilities District” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors within Community Facilities District No. PS 2024-006 (PUBLIC SAFETY, PM37679); and
WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on June 6, 2024, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and
WHEREAS, this City Council has reviewed said Certificate and hereby approves it;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY HEREBY RESOLVES AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Ballot Measure. The ballot measure (the “Ballot Measure”) presented to the qualified electors is set forth in Exhibit B attached hereto and by this reference incorporated herein.
3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Ex hibit A. Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the District.
4. Ballot Measure Authorized. This City Council, acting in it capacity as legislative body of the District, i s hereby authorized to levy on the land within the District the special tax described in the Ballot Measure for the purposes described therein and to take the necessary steps to levy the special tax authorized by the Ballot Measure. The appropriations limit as specified in the Ballot Measure is hereby established.
-2-
5. Finding of Validity. It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act.
6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Riverside within fifteen days of the date hereof a notice of special tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 6th day of June, 2024.
Guillermo Silva
Mayor
ATTEST:
Victoria Wasko, CMC
City Clerk
-3-
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. 2024-38 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 6th day of June, 2024 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 6th day of June, 2024.
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
12774-0005\1942425v1.doc
EXHIBIT A
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2024-006
(Public Safety, PM37679)
CERTIFICATE OF THE CITY CLERK AS TO THE
RESULTS OF THE CANVAS OF THE ELECTION RETURNS
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, hereby certify that I canvassed the returns of the Special Election in the City of Jurupa Valley Community Facilities District No. PS 2024-006 (PUBLIC SAFETY, PM37679), and that the election was held in the Chamber of the City Council at 8930 Limonite Avenue, Jurupa Valley, CA on June 6, 2024.
I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:
Community Facilities District No. PS 2024-006
(PUBLIC SAFETY, PM37679) Special Tax
Election, June 6, 2024
Qualified
Eligible
Voters
Votes
Cast Yes No
Ballot Measure
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 6th day of June, 2024.
By: __________________________
City Clerk
City of Jurupa Valley
B-1
EXHIBIT B
Ballot Measure:
“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “C” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Faciliti es District No.
PS 2024 -006 (PUBLIC SAFETY, PM37679) , to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of Special Taxes to the Qualified E lectors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No. PS 2024-006 (PUBLIC SAFETY, PM37679), to pay for law enforcement protection services, costs of contractin g services, equipment, vehicles, supplies, salaries and benefits, overhead costs, collection and accumulation of funds, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replace ment, and incidental expenses thereto, and shall the appropriations limit be established, all as set forth in Exhibit “A” and Exhibit “B” to the Resolution of Formation”
V
MARCH 2024
CITY OF JURUPA VALLEY
ENGINEER’S REPORT FOR
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES
DISTRICT NO. PS 2024-006
CFD NO. 2024-006
PUBLIC SAFETY, PM 37679
Prepared By:
HR Green Pacific
1260 Corona Pointe Court, Suite 305
855.900.4742
www.hrgreen.com
1 Table of Contents
INTRODUCTION ...................................... ................................................... ............................ 2
DESCRIPTION OF SERVICES .............................................................................. ....................... 3 GENERAL DESCRIPTION .................................................................................. ................................3 INCIDENTALS ....................................... ................................................... .......................................3 COST ESTIMATE ........................................................................................ ............................. 4 INCIDENTAL EXPENSES .................................................................................. .................................4 RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX .................................................. 5 PROPOSED BOUNDARIES .................................................................................. ..................... 6
Appendix A
RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR CFD NO. 2024- 006 (PUBLIC SAFETY, PM 37679)
Appendix B
BOUNDARY MAP FOR CFD NO. 2024-006 (PUBLIC SAFETY, PM 37679)
2 COMMUNITY FACILITIES DISTRICT REPORT
FOR
CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024-006 (PM 37679)
INTRODUCTION
WHEREAS, the City Council of the CITY OF JURUPA VAL LEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA (“City Council”), did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Division 2 of title 5 of the California Government Code (“Act”) on March 7, 2024 , adopt Resolution No. 2024-XX (“Resolution”) ordering the preparation and filing of a written Report for a proposed Community Facilities District (“Report”). This Community Faci lities District shall be referred to as COMMUNITY FACILITIES DISTRICT NO. PS 2024-006 (PUBL IC SAFETY, PM 37679) CITY OF JURUPA VALLEY (CFD) and (CFD NO. PS 2024-00 6, PUBLIC SAFETY, PM 37679); and,
WHEREAS, The Resolution ordering said Report, did d irect that the Report generally contain the following:
• A brief description of the services by type propose d to be financed by the CFD which will adequately meet the needs of the CFD; and
• An estimate of the costs of providing such services , including the incidental expenses, to be incurred in connection with the CFD;
NOW, THEREFORE, the undersigned, the responsible of ficer or person directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit the following Report.
A Community Facilities District may provide for fin ancing of certain public services, which are necessary to meet increased demands placed upon loc al agencies as a result of development or rehabilitation occurring with the CFD.
The following Report contains the description of CF D NO. PS 2024-006 boundaries, description of services, and the financial analysis for CFD NO. PS 2024-006.
Based upon the data analyzed, it is my opinion that the services being funded are those that are necessary to meet certain increased demands placed upon the CITY OF JURUPA VALLEY, as a result of development occurring within the boundaries of the CFD.
Steve Loriso, R.C.E. 64701
3 DESCRIPTION OF SERVICES
GENERAL DESCRIPTION
A general description of the proposed services, pur suant to the terms stated in Exhibit “A” of the Resolution, is as follows:
The cost associated with providing law enforcement services, including but not limited to (i) The costs of contracting services,
(ii) Equipment, vehicles, supplies,
(iii) The salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) All other services necessary or useful for, or in c onnection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and
(vi) Incidental Expenses.
INCIDENTALS
All other services necessary or useful for, or in c onnection with, the authorized services listed above, including, but not limited to, building a re serve fund for replacement. Refer to Appendix A, Rate and Method of Apportionment, for details.
The services listed herein are representative of th e types of services authorized to be financed by Community Facilities District NO. PS 2024-006 (Publ ic Safety, PM 37679). Detailed scope and limits of specific projects will be determined as a ppropriate, consistent with the standards of CITY OF JURUPA VALLEY. Addition, deletion or modif ication of descriptions of the services may be made consistent with the requirements of the City Council of the CITY OF JURUPA VALLEY, the Community Facilities District NO. PS 20 24-006 (Public Safety, PM 37679), and the Act.
4 COST ESTIMATE
According to the City, the funds required to fund t he impacts of the development (within the District boundaries) on law enforcement services is more or less equivalent to the amounts shown in the table below:
Land
Use
Class
Description Taxable Unit
Maximum Special
Tax per Taxable
Unit
1 Commercial Retail Property Square Foot $ 0.126 2 Light Industrial Property Square F oot $ 0.044 3 Approved Pro perty Square Foot $ 0.126
The development within PM No. 37679 (PM 37679), whi ch outlines the boundaries of this CFD, is comprised of approved light industrial use on th e western parcel, and a commercial retail development on the eastern parcel with gas station, restaurant, and convenience store component.
The anticipated assessment for the CFD at base year FY24-25 is $6,758.30.
INCIDENTAL EXPENSES
Pursuant to Section 53340 of the Act, the proceeds of any special tax levied and collected by CFD NO. PS 2024-006 (Public Safety, PM 37679) may b e used only to pay for the cost of providing services and incidental expenses. As def ined by the Act, incidental expenses include, but are not limited to, the annual costs associated with determination of the amount of special taxes, collection of special taxes, payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the community facilities district. This amount shall be increased based upon the percentage change in the C onsumer Price Index, with a maximum annual increase of six percent (6%) and a minimum i ncrease of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
The cost of the Services shall include incidental e xpenses, including costs associated with formation of the District, determination of the amo unt of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incu rred in order to carry out the authorized purposes of the District, and the costs of engineer ing, inspecting, coordinating, completing, planning and designing the Services, including the costs of environmental evaluations.
The following incidental expenses are examples of those that may be incurred in the formation of the District: engineering services, publishing, mai ling and posting of notices, governmental notification and filing costs, election costs, and charges and fees of the City other than those waived.
The following incidental expenses are examples of t hose that may be incurred in each annual Special Tax levy: necessary consultant costs, costs of posting and collecting the special taxes, and administrative costs of the City related to each annual Special Tax levy.
5 RATES AND METHOD OF APPORTIONMENT OF SPECIAL
TAX
The Rate and Method of Apportionment of the special tax is attached hereto as Appendix A (the “Rate and Method of Apportionment”). The special tax will be collected in the same manner and at the same time as ad valorem property taxes and s ubject to the same penalties and provisions; however, the special tax may be collected at a diff erent time or in a different manner if necessary for CFD NO. PS 2024-006 (Public Safety, PM 37679) t o meet its financial obligations as permitted by the Act.
All of the property located within CFD NO. PS 2024- 006 (Public Safety, PM 37679), unless exempt by law or by the special tax proposed for CF D NO. PS 2024-006 (Public Safety, PM 37679), shall be taxed for the purpose of providing necessary services to the CFD. Pursuant to Section 53325.3 of the Act, the tax imposed “is a s pecial tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The special tax may be based on benefit received by pro perty, the cost of maintaining facilities or authorized services available or other reasonable b asis as determined by the Council, although the special tax may not be apportioned on an ad val orem basis pursuant to Article XIIIA of the California Constitution.
The special tax for the CFD was established general ly relying on building square footage, net taxable acreage, land use type, types of services, square footage of services areas, and estimated taxable unit provided by the City and by the develo per(s) of the PM 37679. Data used for estimates on this report were not independently ver ified by the report preparer, HR Green Pacific. HR Green Pacific disclaims responsibility for the impact of inaccurate data, if any, provided by the developer on the exhibits and plans and on the Rate and Method of Apportionment for CFD No. PS 2024-006 (Public Safety, PM 37679).
It is my opinion that the special tax rate and meth od of apportionment, as above set forth, is fair and reasonable.
March 7, 2024.
Steve Loriso, R.C.E. 64701
6 PROPOSED BOUNDARIES
The proposed boundaries of CFD PS 2024-006 (Public Safety, PM 37679) are those properties and parcels for which special taxes may be levied t o pay for the costs and expenses of the services described above. The proposed District bou ndaries as of Fiscal Year 2022-2023 include the following assessors parcel number(s):
160-040-053
160-040-052
A reduced scale map showing the boundaries of the CFD is provided as Appendix B. A full-scale map is on file with the City Clerk of the CITY OF J URUPA VALLEY and was recorded with Riverside County Recorder’s Office.
APPENDIX A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAXES FOR
CFD No. PS 2024-006 (PUBLIC SAFETY, PM 37679)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT No. PS 2024-006 (PUBLIC SAFETY, PM 37679) OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
A Special Tax (all capitalized terms are defined in Section A., “Definitions, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. PS 2024-006 (Public Safety, PM 37679). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2024-2025, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses ” means all actual or reasonably estimated costs and expenses of the City that are chargeable or allocable to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or both, directly related to the CFD. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.
“Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.
“Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor” means the Assessor of the County.
“Assessor’s Parcel Map ” means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number ” means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year” means the Fiscal Year ending June 30, 2024.
“Boundary Map” means a recorded map of the CFD which indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes.
"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Building Permit" shall not include any subsequent Building Permits issued or changed after the first issuance.
“Business Park Property” means Business Park land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.
“CFD” means Community Facilities District No. PS 2024-006 (Public Safety, PM 37679) of the City of Jurupa Valley.
“City” means the City of Jurupa Valley, California.
“Commercial Other Property” means all Commercial land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, other than Commercial Retail Property.
“Commercial Retail Property” means Commercial Retail land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended. Taxation includes square footage of any canopy type construction.
“Consumer Price Index ” means the Consumer Price Index published by the U.S.
Bureau of Labor Statistic for “All Urban Consumers in the Riverside-San Bernardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino -Ontario Area.
“Council” means the City Council of the City acting as the legislative body of the CFD.
“County” means the County of Riverside, California.
“Developed Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1 st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D/U) ” means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E., below.
“Final Map” means a subdivision of property by recordation of a n Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq .) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending the following June 30.
“Incidental Expenses” means the costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.
“Industrial Property” means Industrial land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.
“Land Use Class” means any of the classes listed in Table 1 of Section C. below.
“Maximum Special Tax ” means for each Parcel in each Fiscal Year, the greatest amount of Special Tax, determined in accordance with Section C, below, which may be levied on such Parcel in such Fiscal Year
“Multifamily Residential Property” means all Multifamily Residential land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, and consisting of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property ” means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more non -residential structures.
“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number valid as of July 1 st for the Fiscal Year for which the Special Tax is being levied.
“Property Owner’s Association Property ” means all Parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub -association, prior to April 1 st preceding the Fiscal Year in which the Special Tax is being levied.
“Proportionately” means for Parcels of Taxable Property that are (i) Industrial Property, that the ratio of the actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Industrial Property, (ii) Commercial Retail Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Commercial Retail Property, (iii) Single Family Residential Property , that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Single Family Residential Property, (iv) Multifamily Residential Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Residential Property ; (v) Commercial Other Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Commercial Other Property ; (vi) Business Park Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Business Park Property; (vii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property.
“Public Property” means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Property” means all Parcels of Taxable Property as defined in the City of Jurupa Valley General Plan, 2017 or as amended with one or more residential Dwelling Units.
“Single Family Residential Property” means all Single Family land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, including condominiums , and excluding Multifamily Residential Property.
“Special Tax (es)” means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.
“Special Tax Requirement” means for each Fiscal Year, that amount required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determined by the City; (ii) pay amount required to establish or replenish any reserve fund established in connection with the CFD , (iii) pay Administrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Special Tax levy as determined by the Administrator.
“Special Tax Services” means t he cost associated with providing law enforcement services, including but not limited to (i) the cost s of contracting services, (ii) equipment, vehicles, supplies, (i ii) the salaries and benefits of City staff that directly provide law enforcement services, ( iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls , and (vi ) Incidental Expenses.
“State” means the State of California.
“Taxable Property” means all Parcels within the boundary of the CFD pursuant to the Boundary Map which are not exempt from the Special Tax pursuant to Section E., below.
“Taxable Unit” means either a Parcel or an Acre, as shown in Table 1.
“Undeveloped Property ” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property or Property Owner’s Association Property.
B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, commencing with Fiscal Year 2024-2025, all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
Parcels of Developed Property shall further be classified as Commercial Retail Property, Industrial Property, Single Family Residential Property, Multifamily Residential Property, Commercial Other Property, and Business Park Property . Approved Property refers to all other properties within the CFD boundaries that are neither Developed Property nor Public Property.
C. MAXIMUM SPECIAL TAX RATES
1. Developed Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below , in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below.
TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2024-2025
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property
Dwelling
Unit $ 220.00
2 Multifamily Residential Property
Dwelling
Unit $ 180.00
3 Commercial Retail Property
Building
Square Feet $ 0.126
4 Commercial Other Property
Building
Square Feet $ 0.094
5 Business Park Property
Building
Square Feet $ 0.084
6 Industrial Property
Building
Square Feet $ 0.044
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 20 25, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
(b) Multiple Land Use Classes
In some instances, a Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such Parcel shall be the sum of the Maximum Special Tax that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Parcel. The Administrator’s allocation to each Land Use Class shall be final.
2. Approved Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C. 2. (a) below, in any Fiscal Year for each Parcel classified as Approved Property shall be determined by reference to Table 2 below.
TABLE 2
Maximum Special Tax Rates for Approved
Property for Fiscal Year 2024-2025
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
7 Residential Property
Dwelling
Unit $ 100.00
8 Commercial Retail Property
Building
Square Feet $ 0.063
9 Commercial Other Property
Building
Square Feet $ 0.047
10 Business Park Property
Building
Square Feet $ 0.042
11 Industrial Property
Building
Square Feet $ 0.022
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 20 25, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 3%) of the Maximum Special Tax in effect in the previous Fiscal Year.
3. Undeveloped Property
No Special Tax shall be levied on Undeveloped Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 202 4-2025 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Property until the amount of Special Tax equals the Special Tax Requirement in accordance with the following steps:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax as needed to satisfy the Special Tax Requirement; and
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Spec ial Tax for Approved Property. Notwithstanding the forgoing sentence, no Special Tax shall be levied on Approved Property to fund items (ii) and (iii) of the Special Tax Requirement.
E. EXEMPTIONS
The CFD shall not levy Special Taxes on Public Property and Property Owner’s Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in which Parcels becomes Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt will continue to be classified as Taxable Property, and will continue to be subject to Special Taxes accordingly.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.
G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.
H. TERM OF THE SPECIAL TAX
The Special Tax shall be levied annually in perpetuity unless terminated earlier by the City.
APPENDIX B
BOUNDARY MAP
CFD No. PS 2024-006 (PUBLIC SAFETY, PM 37679)
BOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO. PS 2024-001 (PM37679)
CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFONRIA PORTION OF SECTION 18, T.2S, R.6W
160-040-053
160-040-052
VICINITY MAP
LIST OF ASSESSOR PARCEL NUMBERS
LOCATED WITHIN BOUNDARIES OF CFD
NO. PS 2024-006 AS OF FISCAL YEAR 2024-2025
CANTU GALLEANO RANCH ROAD
I-215CFD BOUNDARY
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THIS _________ DAY OF _______________________ 2024.
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. PS 2024-006 ( ) OF THE C ITY OF JURUPA VALLEY, RIVESIDE COUNTY, STATE
OF CALIFORNIA, WAS APPROVED BY THE CITY OF JURUPA V ALLEY AT A REGULAR MEETING THEREOF, HELD ON THE ____ DAY OF ______________ 202 4, BY ITS RESOLUTION NO. ___________.
RECORDED THIS ___ DAY OF ___________ 2024 AT THE HOUR OF ___ O'CLOCK __ IN BOOK _________ OF MAPS OF ASSESSMEENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _______ , IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
REFERENCE IS HEREBY MADE TO THE ASSESSOR MAPS OF THE COUNTY OF RIVERSIDE, FOR FISCAL YEAR 2024-2025 FOR AN EXACT DESCRIPTION OF THE LINES AND DIMENSIONS OF EACH LOT/PARCEL. ________________________________
CITY CLERK
CITY OF JURUPA VALLEY
________________________________
CITY CLERK
CITY OF JURUPA VALLEY
FEE ______ DOCUMENT NO. _______________.
PETER ALDANA, RIVESIDE COUNTY ASSESSOR-CLERK-RECORDER
BY: ________________________________
DEPUTY
¬
NOT TO SCALE
PREPARED BY:
1260 Corona Pointe Court Suite 305
Corona, CA 92879-2013
855.900.4742
163-040-053
163-040-052
PROJECT LOCATION
PIER ENTERPRISES WAY (PRIVATE ROAD)
CITY OF
EASTVALE
(PUBLIC SAFETY, PM 37679)
CANTU GALLEANO RANCH ROAD
163-040-053
163-040-052
BOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO. PS 2024-001 (PUBLIC SAFETY, PM 37679) 006
PIER ENTERPRISES WAY (PRIVATE ROAD)
15 BOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO. PS 2024-001 (PM37679)
CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFONRIA PORTION OF SECTION 18, T.2S, R.6W
160-040-053
160-040-052
VICINITY MAP
LIST OF ASSESSOR PARCEL NUMBERS
LOCATED WITHIN BOUNDARIES OF CFD
NO. PS 2024-006 AS OF FISCAL YEAR 2024-2025
CANTU GALLEANO RANCH ROAD
I-215CFD BOUNDARY
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THIS _________ DAY OF _______________________ 2024.
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. PS 2024-006 ( ) OF THE C ITY OF JURUPA VALLEY, RIVESIDE COUNTY, STATE
OF CALIFORNIA, WAS APPROVED BY THE CITY OF JURUPA V ALLEY AT A REGULAR MEETING THEREOF, HELD ON THE ____ DAY OF ______________ 202 4, BY ITS RESOLUTION NO. ___________.
RECORDED THIS ___ DAY OF ___________ 2024 AT THE HOUR OF ___ O'CLOCK __ IN BOOK _________ OF MAPS OF ASSESSMEENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _______ , IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
REFERENCE IS HEREBY MADE TO THE ASSESSOR MAPS OF THE COUNTY OF RIVERSIDE, FOR FISCAL YEAR 2024-2025 FOR AN EXACT DESCRIPTION OF THE LINES AND DIMENSIONS OF EACH LOT/PARCEL. ________________________________
CITY CLERK
CITY OF JURUPA VALLEY
________________________________
CITY CLERK
CITY OF JURUPA VALLEY
FEE ______ DOCUMENT NO. _______________.
PETER ALDANA, RIVESIDE COUNTY ASSESSOR-CLERK-RECORDER
BY: ________________________________
DEPUTY
¬
NOT TO SCALE
PREPARED BY:
1260 Corona Pointe Court Suite 305
Corona, CA 92879-2013
855.900.4742
163-040-053
163-040-052
PROJECT LOCATION
PIER ENTERPRISES WAY (PRIVATE ROAD)
CITY OF
EASTVALE
(PUBLIC SAFETY, PM 37679)
CANTU GALLEANO RANCH ROAD
163-040-053
163-040-052
BOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO. PS 2024-001 (PUBLIC SAFETY, PM 37679) 006
PIER ENTERPRISES WAY (PRIVATE ROAD)
15 Page | 1
STAFF REPORT
DATE: JUNE 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, ASSISTANT CITY MANAGER / COMMUNITY
DEVELOPMENT DIRECTOR
S
UBJECT: AGENDA ITEM NO. 16.B
P
UBLIC HEARING TO CONSIDER MASTER APPLICATION (MA) NO.
24056: FIRST REQUEST FOR A ONE (1) YEAR EXTENSION OF TIME FOR SITE DEVELOPMENT PERMIT (SDP) NO. 21115 FOR PHASE B OF THE 208 -UNIT VERNOLA MARKETPLACE APARTMENT
COMPLEX; LOCATION: EAST OF I -15 AND WEST OF PATS RANCH ROAD. (APN: 152 -640-005, -006) (APPLICANT: ANTHONY P.
VERNOLA TRUST U/T/D CARE OF RICK BONDAR/ORION BONDAR)
RECOMMENDATION
1. That the City Council conduct a public hearing, receive public testimony, and adopt Resolution No. 2024-44, entitled:
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, APPROVING A ONE -YEAR EXTENSION OF TIME FOR SITE DEVELOPMENT PERMIT NO. 21115 TO PERMIT THE CONSTRUCTION OF PHASE B OF THE 208 -UNIT VERNOLA MARKETPLACE APARTMENT
COMPLEX LOCATED EAST OF INTERSTATE 15 AND WEST OF PATS
RANCH ROAD (APN: 152-640-005, -006)
The applicant (“Anthony P. Vernola Trust U/T/D Care of Rick Bonda r or Orion Bondar”) requests the following: first, one (1) year Extension of Time for Site Development Permit No. 21115 (SDP21115) for Phase B of the Vernola Marketplace Apartments. Vernola Marketplace Apartments Phase B is for the construction of a 208-unit apartment complex.
No changes are proposed to the design or layout to the multi-family apartments.
RETURN TO AGENDA
Page | 2
TABLE 1: GENERAL PROJECT INFORMATION
Project Area 8.34 Acres
General Plan Land Use
Designation
HHDR (Highest Density
Residential)
Zoning R-3 (General Residential)
Existing Land Use Undeveloped
Exhibit 1: Site Location Map
Page | 3
BACKGROUND
Phase A of the Vernola Marketplace Apartment Community, located just south of the proposed Phase B project site, was approved in 2015, and is fully constructed now. Phase A includes 397 apartment units in 25 three-story buildings on 17.4 acres (22 dwelling units per acre).
On August 4, 2022, the City Council approved Master Application (MA) No. 21347 for the approval of the following entitlements:
• General Plan Amendment No. 21013.
o C hange the land use designation from Light Industrial (LI) to Highest Density Residential (HHDR) to accommodate 208 apartments and proposed density of 25 dwelling units per acre.
o Remove project site from Specific Plan Overlay.
• Specific Plan Amendment No. 266. Remove the 8.34-acre project site from the I-15 Corridor Specific Plan No. 266 to accommodate the residential use. • C hange of Zone No. 21015 . Change the underlying zone classification from Industrial Park (I-P) to General Residential (R-3) to accommodate the multi-family housing. The R -3 zone allows for multiple- family dwe llings apartment houses, subject to the development standards set forth in Section 9.240.545 of the City’s Municipal Code.
• S etback Adjustment N o. 21003. R educe the minimum 50- foot setback requirement from any commercially zoned property to 20 feet. • S ite Development Permit No. 21115. For the construction of 208 m ulti-family units on 8.34 acres of vacant land.
EXHIBIT 2: APPROVED SITE PLAN
Approval Periods
o SDP21115 was approved with a two (2) year approval period and an expiration date of August 4, 2024.
Page | 4
ANALYSIS
The Jurupa Valley Municipal Code requires that a Site Development Permit be used within two (2) years of the effective date or within such additional time as may be set in the Conditions of Approval which shall not exceed a total of five (5) years. An extension of time may be granted upon a determination that a valid reason exists for the applicant not using the site development permit withi n the required period. The City Council may grant an extension of time for this project since it was the original approval body.
The City Council approved the SDP with a two year approval period and the expiration date is August 4, 2024. Before the expiration date, on February 21, 2024, the Applicant submitted their extension of time request to the Community Development Department.
Approval of this extension request would extend the Site Development period to August 4, 2025, with two years remaining should another extension of time is requested.
The applicant has submitted a letter (included in Attachment C) explaining additional time is needed to find a builder and to satisfy the conditions of approval . The applicant is not requesting any changes to the project or conditions. The SDP findings are still met.
If this Site Development Permit is extended, and the approval is not used by the expiration date of August 4, 2025 or the applicant does not seek to obtain a further extension of time, the Site Development Permit would be considered null and void.
ENVIRONMENTAL REVIEW
The proposed extension of time is within the scope of the analysis contained in the Final Initial Study / Mitigated Negative Declaration of Master Application No. 21347 , adopted on June 10, 2022 by Resolution No. 2022- 95. Therefore, the Extension of Time request is “within the scope” of the previously adopted CEQA Document and a Previous Environmental Document (PED) was prepared (included in Attachment A). According to PRC §21166 and CEQA Guidelines §15162, CEQA does not quire the preparation of any further environmental review.
CONCLUSION
The proposed first one-year Extension of Time for SDP 21115 is in conformance with the City’s Municipal Code and General Plan. The subject site is physically suitable for the type of the development and proposed land use. The design of the project will not cause substantial environmental damage, harm any wildlife, nor cause serious public health problems, as demonstrated in the Initial Study / Mitigated Negative Declaration previously adopted for this project and as further analyzed by the City’s CEQA Administrator.
NOTICING REQUIREMENTS
Public hearing notices were s ent to surrounding property owners within 1,000 feet from the boundaries of the project site on May 2 4, 2024. Additionally, a legal advertisement was published in the Press Enterprise on May 26, 2024. No responses have been received at this time.
FINANCIAL IMPACT
The time to process this application will be covered by a developer application deposit.
No additional costs to the City are anticipated.
- 1 -
RESOLUTION NO. 2024-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY, CALIFORNIA, APPROVING A ONE-
YEAR EXTENSION OF TIME FOR SITE DEVELOPMENT
PERMIT NO. 21115 TO PERMIT THE CONSTRUCTION OF
PHASE B OF THE 208 -UNIT VERNOLA MARKETPL ACE
APARTMENT COMPLEX LO CATED EAST OF
INTERSTATE 15 AND WEST OF PATS RA NCH ROAD.
(APN: 152-640-005, -006).
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Project. Anthony P. Vernola Trust U/T/D Care of Rick Bondar or Orion Bondar (the “Applicant”) has applied for a one-year Extension of Time for Site Development Permit No. 21115 (MA No. 24056) t o permit the construction of Phase B of the Vernola Marketplace Apartments, approximately 8.34 acres in size, located east of Interstate 15 (I-15) and west of Pats Ranch Road (APN: 152-640-005, -006) (the “Project.”) The Project is designated as Highest Density Residential (HHDR) and is zoned as R-3 (General Residential).
Section 2. Extension of Time - Site Development Permit. (a) The Applicant is seeking approval of a one-year Extension of Time for Site Development Permit No. 21115 to permit the construction of Phase B of the Vernola Marketplace Apartments (APNs: 152-640-005, -006). Phase A of the Vernola Marketplace Apartments, located south of the proposed Phase B project site, was approved in 2015 and is now fully constructed.
Phase A includes 397 apartment units in 25 three-story buildings on 17.4 acres (22 dwelling units per acre).
(b) On August 4, 2022, the City Council approved Master App lication No. 21347 and adopted Resolution No. 2022 -95 approving General Plan Amendment No. 21013, Specific Plan Amendment No. 266, Change of Zone No. 21015, Setback Adjustment No. 21003, and Site Development Permit No. 21115.
(c) Site Development Permit No. 2 1115 was approved with a two (2) year approval period with an expiration date of August 4, 2024. (d) The Applicant applied for a one-year Extension of Time for Site Development Permit No. 21115 on February 21, 2024, before the August 4, 2024 expiration date. (e) Section 9.240.330.7(a) of the Jurupa Valley Municipal Code provides that if a Site Development Permit is required to be used within less than five (5) years, the applicant or his/her successor-in-interest may, prior to its expiration, request an extension of time in which to use the Site Development Permit.
- 2 -
(f) Further, Section 9.240.330. 7(a) of the Jurupa Valley Municipal Code provides that a request for extension of time must be made on forms provided by the Planning Department and filed with the Community Development Director, accompanied by the fee outlined in Ordinance No. 671. Within thirty (30) days following the filing of a request for an extension, it shall be considered by the hearing body or officer that originally approved the site development permit.
(g) Further, Section 9.240.330.7(a) provides that a n extension of time may be granted upon a determination that a valid reason exists for the applicant or his/her successor -in- interest not using the Site Development Permit within the required period. If an extension is granted, the total time allowed for use of the Site Development Permit may not exceed a period of five (5) years, calculated from the effective date of the issuance of the Site Development Permit.
The term “use” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use. The effective date of a Site Development Permit shall be determined according to Section 9.240.330 of the Jurupa Valley Municipal Code.
Section 3. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) The application for MA No. 24056 was processed including, but not limited to, a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (b) On June 6, 2024, the City Council of the City of Jurupa Valley held a public hearing on extension of time for Site Development Permit No. 21115 , at which time all persons interested in the Project had the opportunity and did address the City Council on these matters .
Following the receipt of public testimony, the City Council closed the public hearing. (c) All legal preconditions to the adoption of this Resolution have occurred.
Section 4. California Environmental Quality Act Findings. The City Council of the City of Jurupa Valley does hereby make the following environmental findings and determinations in connection with the approval of the Project:
(a) Pursuant to the California Environmental Quality Act (“CEQA”) (Cal. Pub.
Res. Code §21000 et seq.) and the State Guidelines (the “Guidelines”) (14 Cal. Code Regs. §15000 et seq.), the City staff has considered the potential environmental impacts of the Extension of Time for Site Development Permit No. 21115. Based on that review, the City of Jurupa Valley Planning Department has determined that the proposed extension of time is within the scope of the analysis contained in t he Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program ( “MMRP”) of Master Application No. 21347 adopted on June 10, 2022, by Resolution No. 2022 -95. As such, a Previous Environmental Document Review Determination was prepared which is attached hereto as Exhibit “A”.
- 3 -
(b) The circumstances under which the Project is undertaken do not involve substantial changes that will result in new significant environmental effects, and the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior MND and MMRP . All potential environmental impacts associated with Site Development Permit No. 21115, and the Extension of Time for Site Development Permit No. 21115, are adequately addressed by the prior MND and MMRP. (c) The City Council has independently reviewed the Previous Environmental Document Review Determination, and based upon the record before it, finds that that the Project, as modified, is not subject to further environmental review according to the Guidelines because:
1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior MND; and 2) All potential environmental impacts associated with Site Development Permit No. 21115 are adequately addressed by the prior MND. According to Public Resources Code (PRC) Section 21166 and CEQA Guidelines Section 15162, this Project does not require further environmental review.
(d) The custodian of records for the prior MND, MMRP, and the Previous Environmental Document Review Determination, and all other materials that constitute the record of proceedings upon which the City Council ’s recommendation is based, is the Planning Department of the City of Jurupa Valley. Those documents are available for public review in the Planning Department located at 8930 Limonite Avenue, Jurupa Valley, California 92509.
Section 5. Findings for Approval of Extension of Time for Site Development Permit No. 20010. The City Council of the City of Jurupa Valley does hereby find, determine , and declare that the proposed Extension of Time for Site Development Permit No. 21115 should be granted because the Applicant has demonstrated the following valid reasons for the Applicant not using the permit within the initially approved two (2) year period of time:
(a) The applicant submitted a letter explaining additional time is needed to find a builder and to satisfy the conditions of approval. For that reason, the Applicant could not begin construction within the initially approved two (2) year period of time.
Section 6. Approval of Master Application No. 24056. Based on the foregoing, the City Council of the City of Jurupa Valley hereby approves a one-year Extension of Time for Site Development Permit No. 2 1115 (Master Application No. 24056) to permit the construction of Phase B of the Vernola Marketplace Apartments, approximately 8.34 acres in size, located east of I-15 and west of Pats Ranch Road (APNs: 152-640-005, -006). Site Development Permit No. 21115 is now set to expire on August 4, 2025 . This approval does not alter any of the other conditions of approval for Site Development Permit No. 21115, and the conditions of approval remain in place.
- 4 -
Section 7. Certification. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 6th day of June, 2024.
______________________________
Guillermo Silva
Mayor
ATTEST:
________________________
Victoria Wasko, CMC
City Clerk
- 5 -
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2024-44 was duly passed and adopted by the following vote of the City Council:
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 6th day of June, 2024.
______________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
Exhibit “A”
Previous Environmental Document
MA24056
for
Extension of Time
Site Development Permit No. 21115 EOT1
Lead Agency
City of Jurupa Valley
8390 Limonite Avenue
Jurupa Valley, CA 92509
Contact: Rene Aguilar, Associate Planner
(951) 332-6464 ext. 158
[email protected]
Project Proponent:
Anthony P. Vernola Trust
PO Box 1295
Corona, CA. 92878
May 7, 2024
MA 24056 – SDP 21115 EOT1
Previous Environmental Determination
May 7, 2024
2 1.0 DETERMINATION
Based on the evaluation in this document, I find that no substantial changes are proposed in the Project and there are no substantial changes in the circumstances under which the Project will be undertaken that will require major revisions to the previous IS/MND due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects. Also, there is no "new information of substantial importance" as that term is used in CEQA Guidel ines Section 15162(a)(3) . Therefore, the Project is “within the scope” of the previously adopted CEQA document . According to PRC §21166 and CEQA Guidelines §15162, CEQA does not require the preparation of any further environmental review.
City of Jurupa Valley
Signature Lead Agency
Joe Perez, Community Development Director May 7, 2024
Printed Name/Title Date
2.0 PREVIOUS ENVIRONMENTAL DOCUMENT REVIEW (PED)
Once a n environmental impact determination under the California Environmental Quality Act (CEQA) has been approved or certified for a project, no further action is required unless further discretionary approval for that project is required. CEQA Guidelines §15162 Subsequent EIRs and Negative Declarations, allows a previously adopted EIR or MND to be used as the environmental assessment for a project requiring further discretionary approval if it is determined that the Project currently under review does not propo se substantial changes to the previously adopted or certified CEQA documentation that would:
1) Create one or more new significant impacts.
2) Create impacts that are more severe.
3) Require major revisions to the CEQA document.
This PED has been prepared to determine if the Extension of Time request is within the scope of the analysis contained in the Final Initial Study / Mitigated Negative Declaration , Master Application 21347, General Plan Amendment 21013, Specific Plan Amendment No. 266, Change of Zone 21015, Setback Adjustment No. 21003, and Site Development Permit No. 21115 (“IS/MND") adopted by the Planning Commission on July 13, 2022 by Resolution No. 2022-07-13- 01, to ensure that by extending the time of approval of SDP 21115, the Project does not create
MA 24056 – SDP 21115 EOT1
Previous Environmental Determination
May 7, 2024
3 new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified previously.
The previously adopted Final IS/MND is on file with the City of Jurupa Valley Community Development Department, 8930 Limonite Avenue, Jurupa Valley, CA 92509, and is hereby incorporated by reference according to CEQA Guidelines Section 15150.
3.0 PROJECT DESCRIPTION
The approved Site Development Permit (SDP) 21115 to permit the construction of a two hundred and eight (208) unit apartment community consisting of eighteen (18) multiple-family residential buildings and including eighty-two thousand five hundred three (82,503) square feet of common open space and three thousand five hundred fifty -seven (3,557) square foot clubhouse building and the construction of associated infrastructure on approximately 8.34 acres . The project is located south of the Vernola Marketplace Shopping Center, east of Interstate 15 (I-15), and west of Pats Ranch Road at the intersection of 65th Street, Assessors Parcel Numbers (APNs): 152-640- 005 and -006.
This is the 1st request for a one-year extension of time (EOT) through July 2025. The extension of time request does not propose to amend boundaries, change the number of building or units, or propose any changes to infrastructure or utilities that are different than the previously approved SDP.
4.0 ANALYSIS
Previously Identified Environmental Impacts
The adopted IS/MND determined that the previously approved SDP would result in no impacts or less than significant environmental impacts under the following issue areas: Aesthetics, Air Quality, Agriculture and Forestry Resources, Greenhouse Gas Emissions, Hazards and Hazardous Materials (including Wildfire), Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation , and Utility and Service Systems.
The adopted IS/MND determined that the development accommodated by the TTM would result in potentially significant impacts to Biological Resources, Cultural Resources (archaeological resources), Geology and Soils (sub-surface paleontological resources), Transportation, and Tribal Cultural Resources. Required mitigation measures for each issue area impact(s) were determined to be less than significant with mitigation incorporated.
MA 24056 – SDP 21115 EOT1
Previous Environmental Determination
May 7, 2024
4 Current Environmental Impacts
When the SDP was approved in 20 22, the Project site was highly disturbed land adjacent to Interstate 15. The physical setting for the Project has not significantly changed since the adoption of the MND on July 13, 2022. The Project site remains undeveloped, vacant land, and none of the surrounding land uses have changed since then. In addition, there have been no new development in the immediate Project area that would affect the physical environment surrounding the Project site. Because construction has not occurred and the property remains highly disturbed, the environmental impacts identified in 20 22 remain the same as indicated in the aerial photographs from 2022 and 2024 in Exhibits 4.0-1 and 4.0-2.
Exhibit 4.0-1 Aerial Photograph June 2022
Source Google Earth Pro
MA 24056 – SDP 21115 EOT1
Previous Environmental Determination
May 7, 2024
5 Exhibit 4.0-2 Aerial Photograph March 2024
Source Google Earth Pro
MA 24056 – SDP 21115 EOT1
Previous Environmental Determination
May 7, 2024
6 Applicability of the 2019 Adopted Final IS/MND
The request for a time extension does not propose to amend boundaries, change the number of buildings or units , change the design, or propose any changes to infrastructure or utilities that are different than those previously analyzed in the adopted MND. The Mitigation and Monitoring Program adopted on July 13, 2022, remains in full force and applies to the Project.
The Community Development Department, through Interagency Development Review Process, has determined that there are no new or substantially different issues raised by the Project, including, but not limited to, ability to serve with utilities (line extensions, etc.), access problems (fire trucks, emergency access, traffic safety), drainage, water quality, grading, or requirements to dedicate and improve public facilities or roads, that would result in physical impacts to the environment.
If the extension of time (EOT) is approved, the Project will incorporate the following as required by the adopted Mitigation Monitoring and Reporting Program (MMRP) adopted with the IS/MND:
▪ Plans, Policies, or Programs − These include existing regulatory requirements such as plans, policies, or programs applied to the Project -based on federal, state, or local law currently in place, which effectively reduce environmental impacts. ▪ Mitigation Measures (MM) − These measures include requirements that are imposed where the impact analysis determines that implementation of the proposed Project would result in significant impacts; mitigation measures are proposed in accordance with the provisions of CEQA. The MMs are summarized below.
Table 1. Summary of Impacts and Mitigation Measures
Environmental
Topic/Threshold
Mitigation Measures (MM) Required to Reduce Impact Level of Significance
Biological Resources
4.4 (a): Have a substantial
adverse effect, either directly or
through habitat modifications,
on any species identified as a
candidate, sensitive, or special
status species in local or
regional plans, policies, or
regulations, or by the California
Department of Fish and Wildlife
or U.S. Fish and Wildlife
Service?
MM-BIO-1: Pre-Construction Burrowing Owl Survey . A 30- day pre-construction survey for burrowing owls is required prior to future ground -disturbing activities (e.g., vegetation clearing, clearing and grubbing, tree removal, site watering, equipment staging) to ensure that no owls have colonized the site in the days or weeks preceding the ground -disturbing activities. If burrowing owls have colonized the project site prior to the initiation of ground -disturbing activities, the Project proponent will immediately inform the Western
Riverside County Regional Conservation Authority (RCA) and the Wildlife Agencies and will need to coordinate in the future with the RCA and the Wildlife Agencies, including the
possibility of preparing a Bu rrowing Owl Protection and Relocation Plan, prior to initiating ground disturbance. If Less than
significant
MA 24056 – SDP 21115 EOT1
Previous Environmental Determination
May 7, 2024
7 ground-disturbing activities occur, but the site is left undisturbed for more than 30 days, a pre-construction survey will again be necessary to ensure that burrowing owls have not colonized the site since it was last disturbed. If burrowing owls are found, the same coordination described above will be necessary.
MM-BIO-2: Nesting Bird Protection: As feasible, vegetation clearing should be conducted outside of the nesting season, which is generally identified as February 1 through August 31. If avoidance of the nesting season is not feasible, then a qualified biologist shall conduct a nesting bird survey within 3 days prior to any disturbance of the site, including disking, vegetation grubbing, and grading. If active nests are identified, the biologist shall establish suitable buffers around the nests, and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests.
4.4 (d): Interfere substantially
with the movement of any
native resident or migratory fish
or wildlife species or with
established native resident or
migratory wildlife corridors, or
impede the use of native
wildlife nursery sites?
MM-BIO-2 is required.
Less than
significant
4.4 (f): Conflict with the
provision of an adopted Habitat
Conservation Plan, Natural
Community Conservation Plan,
or other approved local,
regional, or state habitat
conservation plan.
MM-BIO-1 and MM-BIO-2 are required. Less than
significant
Cultural Resources
4.5(b) Cause a substantial
adverse change in the
significance of an
archaeological resource
pursuant to CEQA Guidelines §
15064.5?
MM-CR-1: Archaeological Monitoring Program. Prior to issuance of grading permits the Permit Applicant shall provide evidence to the City of Jurupa Valley Planning Department that a qualified professional archaeologist (Professional Archaeologist) that is listed on the City of Jurupa Valley Cultural Resources Consultant List or the Cultural Resources Consultant L ist maintained by the County of Riverside Planning Department, has been contracted to implement a Cultural Resources Monitoring Program (CRMP). A Cultural Resource Monitoring Program shall be developed in coordination with the Consulting Tribe(s) [defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB 52 consultation process, and has completed AB 52 consultation with the City as provided for in Public Resources Code § 21080.3.2(b)(1)] that addresses the details of all ground disturbing activities and provides procedures that must be followed to avoid or reduce potential impacts to cultural, archaeological, and tribal cultural resources to a Less than
significant.
MA 24056 – SDP 21115 EOT1
Previous Environmental Determination
May 7, 2024
8 level that is less than significant. A fully executed copy of the CRMP shall be provided to the City of Jurupa Valley Planning Department to ensure compliance with this measure. The Professional Archaeologist may submit a detailed letter to the City of Jur upa Valley during grading requesting a modification to the CRMP. If the resource is significant, Mitigation Measure CR‐2 shall apply.
MM-CR-2: Archeological Treatment Plan. A treatment plan shall be prepared and implemented by the Project Archaeologist to protect the identified archaeological resource(s) from damage and destruction. The treatment plan shall be in accordance with CEQA Guidelines §15064.5(f) for historical reso urces and Public Resources Code §21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may in clude implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. If historic Native American tribal cultural resources are involved, the Treatment Plan shall be coordinated with the Consulting Native American Tribe(s) as described in Mitigation Measure TCR-s of the Initial Study/Mitigated Negative Declaration for MA21347.
MM-CR-3: Final Report. A final report containing the significance and treatment findings shall be prepared by the Project Archaeologist and submitted to the City of Jurupa Valley Planning Department and the Eastern Information Center, University of California, Riverside. If a historic tribal cultural resource is involved, a copy shall be provided to the Consulting Native American Tribe(s) as described in Mitigation Measure TCR-s of the Initial Study/Mitigated Negative Declaration for MA21347.
Geology and Soils
4.7 (f): Exposure of persons to
or generation of noise levels in
excess of standards established
in the local general plan or
noise ordinance, or applicable
.
MM-GEO-1: Paleontological Inadvertent Discovery : Prior to the issuance of grading permits, a qualified Paleontologist shall be retained to conduct monitoring as necessary during ground - disturbing activities such as vegetation removal, grading, and other excavations related to the project. The Paleontologist shall be present at the pre -grade conference and shall establish a schedule for paleontological resource surveillance based on the nature of planned activities. The Paleontologist shall establish, in cooperation with the lead agency, procedures for temporarily halting or redirecting work, if any is ongoing, to permit the sampling, identification, and evaluation of cultural resources as appropriate. If the paleontological resources are found to be significant, the Paleontologist/Monitor shall determine appropriat e actions, in cooperation with the lead agency, for exploration and/or salvage. Significant sites that cannot be avoided will require data recovery measures and shall be completed upon approval of a Data Recovery Plan.
MM-GEO-2: Paleontological Treatment Plan: Prior to the issuance of grading permits, a qualified paleontologist shall be retained to observe ground-disturbing activities and recover fossil resources as Less than
significant.
MA 24056 – SDP 21115 EOT1
Previous Environmental Determination
May 7, 2024
9 necessary when construction activities will impact the older Quaternary Alluvium. The Paleontologist will attend the pre -grade conference and establish procedures and protocols for
paleontological monitoring and to temporarily halt ground-disturbing activities to permit sampling, evaluation, and recovery of any discovery. Substantial excavations below the uppermost layers (more than 3 feet below surface) should be monitored. Sediment samples should be recovered to determine the small-fossil potential of the site.
If a discovery is determined to be significant, additional excavations and salvage of the fossil may be necessary to ensure that any impacts to it are mitigated to a less than significant level.
Transportation
4.17 (b) Conflict or be
inconsistent with CEQA
Guidelines Section 15064.3,
subdivision (b)?
MM-VMT-1: Increase Residential Density: This measure accounts for the VMT reduction achieved by a project that is designed with a higher density of dwelling units (du) compared to the average residential density in the U.S. Increased densities affect the distance people travel and provide greater options for the mode of travel they choose. Increasing residential density results in shorter and fewer trips by single -occupancy vehicles and thus a reduction in GHG emissions. This measure is best quantified when applied to larger developments and developments where the density is somewhat similar to the surrounding area due to the underlying research being founded in data from the neighborhood level. To evaluate this measure, both the default base density (9.1 du /acre) and the Model Density (2.6 du/acre) were compared against the proposed density of 25 du/acre for the project. Both comparisons resulted in a VMT reduction of greater than 30%, which is the maximum allowed reduction for this measure. Therefore, due to the high-density nature of the proposed project, the VMT impacts will be less than significant.
Calculations based on the CAPCOA Handbook are shown in
Attachment B of Appendix K (Vernola Marketplace Apartment Phase B - (VMT) Analysis, Translutions, February 25, 2022). It should be noted that while increased density is listed as a mitigation measure, it is a project design feature.
MM-VMT-2: Construct or Improve Bike Facility: This measure will construct or improve a single bicycle lane facility (only Class I, II, or IV) that connects to a larger existing bikeway network. Providing bicycle infrastructure helps to improve biking conditions within an area. This encourages a mode shift on the roadway parallel to the bicycle facility from vehicles to bicycles, displacing VMT and thus reducing GHG emissions. When constructing or improving a bicycle facility, a best practice is to consider local or state bike lane width standards. This measure reduces VMT on the roadway segment parallel to the bicycle facility (i.e., the corridor). An adjustment factor is included in the formula to scale the VMT reduction from the corridor level to the plan/community level. The bicycle lane facility must be either Class I, II, or IV. Class I bike paths are physically separated from motor vehicle traffic. Class IV bikeways are protected on-street bikeways, also called cycle tracks. Class II bike lanes are striped bicycle lanes that provide Less than
significant.
MA 24056 – SDP 21115 EOT1
Previous Environmental Determination
May 7, 2024
10 exclusive use to bicycles on a roadway. This will reduce VMT from the project as well as existing uses along Pats Ranch Road by 0.04%.
Tribal Cultural Resources
4.18 (a): A resource determined
by the lead agency, in its
discretion and supported by
substantial evidence, to be
significant pursuant to criteria
set forth in subdivision (c) of
Public Resources Code Section
5024.1. In applying the criteria
set forth in subdivision (c) of
Public Resource Code Section
5024.1, the lead agency shall
consider the significance of the
resource to a California Native
American Tribe?
MM-TCR-1: Native American Monitoring Agreement: Prior to the issuance of a grading permit, the Permit Applicant shall enter into a Monitoring Agreement with the Consulting Tribe(s) for Native American Monitor(s) to be onsite during ground disturbing activities allowed by the grading permit. A Consulting Tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB 52 consultation process, and has completed AB 52 consultation with the City as provided for in Public Resources Code §21080.3.1(b). Ground disturbing activities and include excavation of each portion of the project site including clearing, grubbing, tree removals, grading, and trenching.
The Monitoring Agreement shall include, but is not limited to, the following provisions:
a) Provide a minimum of 30 days advance notice to the
Consulting Tribe(s) of all ground disturbing activities. b) In conjunction with the Archaeological Monitor(s) required by Mitigation Measure CR -1 under Section 4.5, Cultural Resources, of the Initial Study/Mitigated Negative Declaration for MA21347, the Native American Monitor(s) shall have the
authority to temp orarily divert, redirect, or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources.
c) The onsite monitoring shall end when all ground -disturbing activities on the Project Site are completed, or when the Native American Tribal Monitor(s) have indicated that all upcoming ground disturbing activities at the Project Site have little to no potential for impacting Tribal Cultural Resources.
The Project Proponent shall submit a fully executed copy of the Monitoring Agreement to the City of Jurupa Valley Planning Department to ensure compliance with this mitigation measure. If there are multiple Consulting Tribes involved, a separate Monitoring Agreement is required for each. The Monitoring Agreement shall not modify any condition of approval or mitigation measure.
MM-TCR-2: Unanticipated Discovery: The Permit Applicant or any successor in interest shall comply with the following for the life of the grading permit. If, during ground disturbance activities, unanticipated cultural resources are discovered, the following procedures shall be followed:
a) Ground disturbing activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. Ground disturbing activities are allowed on the remainder of the Project Site.
Less than
significant
MA 24056 – SDP 21115 EOT1
Previous Environmental Determination
May 7, 2024
11 b) The Consulting Tribe(s), the Project Archaeologist (retained by the Permit Applicant under Mitigation Measure CR -1, Section
4.5, Cultural Resources, of the Initial Study/Mitigated Negative Declaration for MA21347, and the City of Jurupa Valley Planning Department shall meet and confer, and discuss the find with respect to the following:
1) Determine if the resource is a Tribal Cultural Resource as defined by Public Resources Code §21074, if so:
2) Determine if the resource is listed or eligible for listing in the California Register on a “Local register of historical or resources” pursuant to Public Resources Code §5020.1 (k); or 3) Pursuant to Public Resources Code §5024.1 (c) as it pertains to the Consulting Tribe(s): (1) Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage, (2) Is associated with the lives of persons i mportant in our past, (3) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values, or (4) Has yielded, or may be likely to yield, information important in prehistory or history.
(c) If the resource(s) are Native American in origin [and not a historical resource as defined by Public Resources Code §5020.1 (k) or §5024.1 (c)], the Consulting Tribe will retain it/them in the form and/or manner the Consulting Tribe (s) deems appropriate, for educational, cultural and/or historic purposes. If multiple Consulting Tribes (s) are involved, and a mutual agreement cannot be reached as to the form and manner of disposition of the resource(s), the City shall request input from the Native American Heritage Commission and render a final decision. (d) If the resource(s) are both a tribal cultural resource and a historic resource, the Project Archaeologist, the Consulting Tribe(s) and the City of Jurupa Valley Planning Department shall meet and confer, and discuss the appropriate treatment
(documentation, recovery, avoidance, etc.) for the cultural and historic resource. Treatment, at a minimum, shall be consistent with Public Resources Code §21084.3(b). The appropriate treatment shall be prepared in conjunction with the treatment plan required by Mi tigation Measure CR -2, of the Initial Study/Mitigated Negative Declaration for MA21347. Further ground disturbance shall not resume within the area of the discovery until the appropriate treatment has been
accomplished.
MM-TCR-3: Final Report: If a Tribal cultural resource is also a historic resource as defined above, the resource shall be included in the Final Report required by Mitigation Measure CR -2 of the Initial Study/Mitigated Negative Declaration for MA21347.
MA 24056 – SDP 21115 EOT1
Previous Environmental Determination
May 7, 2024
12 Conclusion:
The project site is vacant, undeveloped land that remains substantially in the same physical condition as it was in 2022 being subject to a continued variety of anthropogenic disturbances.
The Project is required to comply with the existing PPPs and MMs adopted by the City Council on August 4, 2022, by Resolution No. 2022-95.
Based on the review of the application, the extension of time approval would not result in any new significant environmental impacts, substantially increase the severity of previously identified effects, or necessitate implementation of additional or considerably different mitigation measures than those identified in the IS/MND. The effects associated with the extension of time (EOT) would be substantially the same as those reported for the approved IS/MND, and thus no Supplemental or Subsequent Environmental Review (IS/MND) is required.
VERNOLA MARKETPLACE APARTMENTS PHASE B (MA24056) Updated: 6/6/2024
CONDITIONS OF APPROVAL