Murrieta City Council
April 1, 2025

HOUSING AND

WORKFORCE

SOLUTIONS
March 6, 2025 File No.: 3.MR.76-23
Justin Clifton, City Manager
City of Murrieta
One Town Square
Murrieta, CA 92562
RE: FIRST AMENDMENT TO AMENDED & RESTATED 2023-2024 SUPPLEMENTAL AGREEMENT -

AUTHORIZATION TO INCUR COST
Dear Mr. Clifton:

Enclosed is a fuily executed copy of your City's 2023-2024 Amended and Restated Supplemental Agreement for the use of Community Development Block Grant (CDBG) funds.

The U.S. Department of Housing and Urban Development and the Riverside County Housing and Workforce Solutions Department (HWS) have completed their regulatory, administrative, and environmental review of the City's following project (s):

3.MR.76-23 Pedestrian Safety Enhancement Project $1,209,189.20 This letter authorizes your City to incur costs for reimbursement retroactive to September 21, 2023 for project 3.MR.76-23.

All claims will be reviewed for compliance with applicable policies in the Community Development Policy Manual. Please carefully review the policies relating to contract administration and reimbursement of claims. Any changes will be forwarded to you as they occur.

You will be required to provide milestones for significant events affecting your overall timetable. Meeting your timetable and milestones is imperative since it reflects on the City's capacity to manage grants in a timely manner. Failure to demonstrate management capacity could result in the in the County reducing or cancelling your CDBG funding.

P.O. Box 1528 | Riverside, CA 92502
March 6, 2025

You will be required to provide milestones for significant events affecting your overall timetable. Meeting your timetable and milestones is imperative since it reflects on the City's capacity to manage grants in a timely manner. Failure to demonstrate management capacity could result in the in the County reducing or cancelling your CDBG funding.

Public Facilities and Other Activities:

Please consult with your assigned CDBG Program Manager regarding the National Objective reporting requirements for any CDBG-funded public facilities or other non-public service activities.

For audit purposes, recipients of Community Development Block Grant funds must comply with all applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200).

The CDBG funds are identified in the Code of Federal Domestic Assistance (CFDA) Section 14.218.

If you have any questions, please contact Susana Orozco at (951) 955-5933.

HWS Deputy Director
Attachments: Executed Supplemental Agreement
Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 File No.: 3.MR.76-23
2 3

FIRST AMENDMENT TO AMENDED AND RESTATED SUPPLEMENTAL AGREEMENT 4 FOR THE USE OF
5 2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
6 This First Amendment to Amended and Restated Supplemental Agreement ("Agreement") is 7 entered into this day of March _ 2025, by and between the COUNTY OF RIVERSIDE, 8 a political subdivision of the State of California, herein called, "COUNTY," and the CITY OF 9 MURRIETA, herein called "CITY." COUNTY and CITY are collectively referred to as "Parties" and 10 individually as "Party."
11 The COUNTY and CITY mutually agree as follows:
12 WHEREAS, pursuant to Minute Order 3.30 on August 1, 2023, Board of Supervisors approved 13 and adopted the 2023-2024 One-Year Action Plan of the 2019-2024 Five Year Consolidated Plan 14 approving $420,891.20 funding for the Pedestrian Safety Enhancement Project; and 15 WHEREAS, COUNTY and CITY entered into a certain Supplemental Agreement for the use of 16 Community Development Block Grant ("CDBG") funds, executed December 27, 2023 in effect until 17 June 30, 2024, wherein $420,891 in CDBG funds were allocated to CITY by COUNTY and designated 18 for a specific use of Pedestrian Safety Enhancement Project; and 19 WHEREAS, pursuant to Minute Order 3.16 on October 29, 2024, Board of Supervisors approved 20 and executed an Amended and Restated Supplemental Agreement in effect until June 30, 2026 and new I total grant amount of $788,298 in CDBG funds allocated to CITY by COUNTY and designated for a 22 specific use of Pedestrian Safety Enhancement Project; and 23 WHEREAS, on January 24, 2025 CITY submitted an advancement request to COUNTY 24 approving addition funding for the Pedestrian Safety Enhancement Project to reflect an increase in 26 CDBG funds allocated to CITY in the amount of $420,891.20, for a new total grant amount of $1,209,189.20 and
28

OCT 29 2024 3.16
Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 WHEREAS, COUNTY has available unspent CDBG funds and pursuant to the authority of 2 Citizen Participation Plan for Five Year Consolidated Plan 2019-2024 COUNTY may reprogram 3 unspent CDBG funds to Sponsor;
4 5 WHEREAS, COUNTY and CITY now desire to amend the Amended and Restated Agreement 6 to reflect an increase in CDBG funds allocated to CITY in the amount of $420,891.20, for a new total 7 grant amount of $1,209,189.20 and
8 WHEREAS, upon the execution of this First Amendment to Amended and Restated Agreement, 9 the Original Amended and Restated Agreement shall be superseded and replaced. 10 NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants and 11 conditions hereinafter set forth, the COUNTY and CITY hereby agree as follows:
12 13 1. PURPOSE. CITY promises and agrees to undertake and assist with the community 14 development activities, within its jurisdiction, by utilizing the sum of $1,209,189.20 CDBG Entitlement 15 Funds, as specifically identified in Exhibit A, attached hereto, and are incorporated herein by this 16 reference, for the following project: 3.MR.76-23 Pedestrian Safety Enhancement Project. 17 TERM OF AGREEMENT. This Agreement commences on February 6, 2023, and shall 18 continue until JUNE 30, 2026.
19 3. COMPLETION SCHEDULE. CITY shall proceed consistent with the completion schedule 20 set forth in Exhibit A attached hereto and incorporated herein. 21 4. EXTENSION OF TIME. COUNTY may grant an extension, in its sole and absolute 22 discretion, to the completion schedule for the purpose of completing CITY'S projects/activities 23 which are underway and cannot be completed during the term of this Agreement. CITY shall request 24 said extension in writing, stating the reasons therefore, and may be granted only by receiving written 25 approval from COUNTY. Every term, condition, covenant and requirement of this Agreement shall 26 continue in full force and effect during the period of any such extension. In the event that the CITY does 27 not request an extension, or if no extension is authorized by the COUNTY, this Agreement may be 28 terminated consistent with the termination procedures as set forth in Section 19 of this Agreement.

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 LETTER TO PROCEED. CITY shall not initiate nor incur expenses for the CDBG-funded Projects 2 or activities covered under the terms of this Agreement as set forth in Exhibit A attached hereto, prior 3 to receiving written authorization from COUNTY to proceed. 4 NOTICES. Each notice, request, demand, consent, approval or other communication 5 (hereinafter in this Section referred to collectively as "notices" and referred to singly as a "notice") which the CITY or COUNTY is required or permitted to give to the other party pursuant to this Agreement 7 shall be in writing and shall be deemed to have been duly and sufficiently given if: (a) personally 8 delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received 9 at the time so delivered); or (b) sent by Federal Express (or other similar national overnight courier) 10 designating early morning delivery (any notice so delivered shall be deemed to have been received on 11 the next Business Day following receipt by the courier); or (c) sent by United States registered or certified 12 mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received two days after mailing in the 14 United States), addressed to the respective parties as follows:
15 16 COUNTY CITY
17 Heidi Marshall, Director Justin Clifton, City Manager 18 Riverside County HWS City of Murrieta
19 P.O. Box 1528 1 Town Square
20 Riverside, CA 92502 Murrieta, CA 92562
DISBURSEMENT OF FUNDS. COUNTY'S Board of Supervisors shall determine the 22 final disposition and disbursement of all funds received by COUNTY under the Act consistent with 23 the provisions of Sections 1 and 2 of this Agreement. COUNTY, through its Department of Housing 24 and Workforce Solutions, shall: (1) make payments of the grant funds to CITY as set forth in Exhibit 25 A, attached hereto, and (2) monitor the CDBG-funded activity to ensure compliance with applicable 26 federal regulations and the terms of this Agreement. 27 PAYMENT OF FUNDS. The COUNTY shall pay to the CITY the sum specified in

7. 28 Section 1 above on a reimbursable basis for all COUNTY-approved costs. The CITY shall submit not

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 more often than monthly to the CDBG Administrator of COUNTY a certified statement setting forth 2 in detail the expenditures made for which it is asking reimbursement along with pertinent supporting 3 documentation. The COUNTY shall promptly review the monthly expenditure statement and 4 reimburse the CITY for the approved costs in accordance with its usual accounting procedures. The 5 COUNTY may require from CITY such supporting documentation as may be necessary and 6 appropriate for the COUNTY to make its determination as to allowable costs. Each disbursement of 7 CDBG funds shall be made within thirty (30) days after CITY has submitted, to the COUNTY, a 8 complete and written approved statement of expenditures. In the event the United States Department 9 of Housing and Urban Development ("HUD) determines the purpose or any of the expenditures above 10 described are ineligible for funding by the COUNTY, the CITY shall reimburse the COUNTY the 11 amount of the cost so disallowed.
12 9. RECORDS AND INSPECTIONS.
13 a. CITY shall establish and maintain financial, programmatic, statistical, and other 14 supporting records of its operations and financial activities in accordance with the Uniform 15 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 16 Part 200) and 24 CFR Section 570.502(a), as they relate to the acceptance and use of federal funds 17 under this Agreement. Said records shall be retained for a period of four (4) years from the date that 18 19 the activity or program funded with the CDBG Grant is closed out by the COUNTY and reported as 20 complete in the Comprehensive Annual Performance and Evaluation Report (CAPER). Exceptions to the four (4) year retention period requirement, pursuant to 2 CFR 200.333 include the following:
21 22 i. if any litigation, claim, or audit is started prior to the expiration of the four 23 (4) year period;
24 ii. when the CITY is notified in writing by the COUNTY, HUD, or other 25 Federal agency to extend the retention period;
iii. records for real property and equipment acquired with CDBG funds must 27 be retained for four (4) years after final disposition; 28 iv. when the records are transferred by the CITY to the COUNTY, HUD, or

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 other Federal agency, the four (4) year period is not applicable. 2 b. CITY shall maintain a separate account for CDBG Entitlement Funds received as 3 set forth in Exhibit A.
4 CITY shall obtain an external audit in accordance with the Uniform c.
5 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 6 Section 200.500). Audits shall usually be performed annually but not less frequently than every two 7 years. Nonprofit institutions and government agencies that expend less than $750,000 a year in federal 8 awards are exempt from federal audit requirements, but records must be available for review by 9 appropriate officials of the federal grantor agency or subgranting entity. The audit report shall be 10 submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal year. 11 d. CITY shall, during the normal business hours make available to COUNTY and to 12 HUD for examination and copying all of its records and other materials with respect to matters covered 13 by this Agreement.
14 e. CITY shall not retain any program income as defined in 24 CFR 570.500. 15 f. CITY shall submit to the COUNTY copies of all studies and reports prepared for 16 this project and the COUNTY shall have the right to the use and benefit of all such studies and reports. 17 g. If this CDBG-funded activity meets a National Objective by serving limited 18 19 clientele as defined in 24 CFR 570.208(a)(2)(i), the CITY shall ensure that at least fifty-one percent 20 (51%) of the persons benefiting from the CDBG funded activities are of low and moderate-income and 21 meet the program income guidelines as designated by HUD regulation. The CITY must provide the 22 required direct benefit documentation in writing to the COUNTY. 23 10. COMPLIANCE WITH LAWS AND REGULATIONS. The CITY shall comply with all 24 applicable federal, state and local laws, regulations and ordinances. By executing this Agreement, the 25 CITY hereby certifies that it will adhere to and comply with the following as they may be applicable 26 to a CITY of funds granted pursuant to the Housing and Community Development Act of 1974, as 27 amended:
28 a. The Housing and Community Development Act of 1974, as amended, and the

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 regulations issued thereto;
2 b. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.A. 3 Section 1701u), as amended, a copy of which is attached hereto as Exhibit "S", and incorporated herein 4 by this reference;
5 Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal 6 Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as 7 supplemented in Department of Labor Regulations (41 CFR Part 60). The CITY will not discriminate 8 against any employee or applicant for employment because of race, color, religion, sex, sexual 9 orientation, general identity or national origin. CITY will ensure that all qualified applicants will 10 receive consideration for employment without regard to race, color, religion, sex, sexual orientation, 11 gender identity or national origin. The CITY will take affirmative action to ensure that applicants are 12 employed, and the employees are treated during employment, without regard to their race color, 13 religion, sex, sexual orientation, gender identity or national origin. Such actions shall include, but are 14 not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or 15 recruitment advertising; rates of pay or other forms of compensation; and selection for training, 16 including apprenticeship. The CITY agrees to post in a conspicuous place, available to employees 17 and applicants for employment, notices to be provided by the County setting forth the provisions of 18 this non-discrimination clause;
19 20 d. Executive Order 11063, as amended by Executive Order 12259, and 21 implementing regulations at 24 CFR Part 107;
22 e. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and 23 implementing regulations;
24 f. The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and 25 implementing regulations;
26 g. The relocation requirements of Title II and the acquisition requirements of Title 27 III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the 28 implementing regulations at 24 CFR Part 42;

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 h. The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and 2 HUD regulations issued to implement such requirements; 3 i. Executive Order 11988 relating to the evaluation of flood hazards and Executive 4 Order 11288 relating to the prevention, control and abatement of water pollution; 5 The flood insurance purchase requirements of Section 102(a) of the Flood 6 Disaster Protection Act of 1973 (Pub. L. 93-234);
k. The regulations, policies, guidelines and requirements of the Uniform 8 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 9 Part 200) as they relate to the acceptance and use of federal funds under the federally-assigned 10 program;
11 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing 12 regulations issued at 24 CFR Part 1;
13 m. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284) as amended; and 14 n. The lead-based paint requirements of 24 CFR Part 35 issued pursuant to the 15 Lead-based Paint Poisoning Prevention Act (42 USC 4801, et seq.); 16 0. Uniform Administration Requirements pursuant to 24 CFR 570.502. 17 p. The Build America, Buy America (BABA) Act, 41 USC 8301 note, and all 18 applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. 19 Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of 20 Build America, Buy America Provisions as Applied to Recipients of HUD Federal Assistance"(88 FR 21 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to 22 BABA requirements, unless expected by a waiver.
23 24

9. The CITY shall carry out its activity pursuant to this Agreement in compliance with 25 all federal laws and regulations described in Subpart K of Title 24 of the Code of Federal Regulations, 26 except that:
27 (1) Pursuant to 24 CFR Section 570.604, the CITY does not assume the 28 COUNTY'S environmental responsibilities under the National Environmental Policy Act of 1969

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 (NEPA); and
2 (2) The CITY does not assume the COUNTY'S responsibility for initiating 3 the review process under the provisions of 24 CFR Part 52. 4 r. Copeland "Anti-Kickback" Act (18 U.S.C. Section 874 and 40 U.S.C.A. Section 5 3145): All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients 6 and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act 7 (18 U.S.C. Section 874), as supplemented by Department of Labor Regulations (29 CFR Part 3, 8 "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by 9 Loans or Grants from the United States") ("Anti-Kickback Act"). The Anti-Kickback Act provides 10 that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the 12 compensation to which he is otherwise entitled. The recipient shall report all suspected or reported 13 violations to HUD.
14 s. Davis-Bacon Act, as amended (40 U.S.C.A. Section 3141-3148): When required 15 by Federal program legislation, all construction contracts awarded by the recipients and subrecipients 16 of more than $2,000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C.A. 17 Section 3148) and as supplemented by Department of Labor Regulations (29 CFR Part 5, "Labor 18 Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted 19 Construction"). Under the Davis Bacon Act, contractors shall be required to pay wages to laborers 20 and mechanics at a rate not less than the minimum wages specified in a wage determination made by 21 the U.S. Secretary of Labor. In addition, contractors shall be required to pay wages not less than once 22 23 a week. The recipient shall place a copy of the current prevailing wage determination issued by the 24 U.S. Department of Labor in each solicitation and the award of a contract shall be conditioned upon 25 the acceptance of the wage determination. The recipient shall report all suspected or reported 26 violations to HUD.
27 t. Contract Work Hours and Safety Standards (40 U.S.C.A. 3701-3708): Where 28 applicable, all contracts awarded by CITY in excess of $2,000 for construction contracts and in excess

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a 2 provision for compliance with the Contract Work Hours and Safety Standards (40 U.S.C.A. 3701- 3 3708), as supplemented by Department of Labor Regulations (29 CFR Part 5). Under Section 40 4 U.S.C.A. 3702, each contractor shall be required to compute the wages of every mechanic and laborer 5 on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is 6 permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic 7 rate of pay for all hours worked in excess of 40 hours in the workweek. 40 U.S.C.A. 3704 is applicable 8 to construction work and provides that no laborer or mechanic shall be required to work in 9 surroundings or under working conditions which are unsanitary, hazardous or dangerous. These 10 requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 12 u. Rights to Inventions Made Under a Contract or Agreement: Contracts or 13 agreements for the performance of experimental, developmental, or research work shall provide for 14 the rights of the Federal Government and the recipient in any resulting invention in accordance with 15 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms 16 Under Government Grants, Contracts and Cooperative Agreements," and any implementing 17 regulations issued by HUD.
18 v. Rights to Data and Copyrights: Contractors and consultants agree to comply with 19 20 all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.404- 21 3, Federal Acquisition Regulations (FAR).
22 w. Air Pollution Prevention and Control (formally known as the Clean Air Act) (42 23 U.S.C.A. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C.A. Section 1251 et 24 seq.), as amended: Contracts and subgrants of amounts in excess of $100,000 shall contain a provision 25 that requires the recipient to agree to comply with all applicable standards, orders or regulations issued 26 pursuant to the Clean Air Act (42 U.S.C.A. 7401 et seq.) and the Federal Water Pollution Control Act 27 as amended (33 U.S.C.A. Section 1251 et seq.). Violations shall be reported to HUD and the Regional 28 Office of the Environmental Protection Agency (EPA).

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 x. Anti-Lobbying Certification (31 U.S.C.A. 1352): The language of the 2 certification set forth in this paragraph w. shall be required in all contracts or subcontracts entered into 3 in connection with this grant activity and all CITYS shall certify and disclose accordingly. This 4 certification is a material representation of fact upon which reliance was placed when this transaction 5 was made or entered into. Submission of this certification is a prerequisite for making or entering into 6 this transaction imposed by 31 U.S.C.A. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and no more than $100,000 for 8 such failure.
"The undersigned certifies, to the best of his or her knowledge or belief, that:
10 No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to 11 any person for influencing or attempting to influence an officer or employee of any agency, a Member 12 of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 13 connection with the awarding of any Federal contract, the making of any Federal grant, the making of 14 any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, 15 renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 16 If any funds other than Federal appropriated funds have been paid or will be paid to any 17 person for influencing or attempting to influence an officer or employee of any agency, a Member of 18 Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection 19 20 with this Federal contract, grant loan or cooperative agreement, he/she will complete and submit 21 Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions." 22 y. Debarment and Suspension (Executive Orders (E.O.) 12549 and 12689): No 23 contract shall be made to parties listed on the General Services Administration's List of Parties 24 Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 25 and 12689, "Debarment and Suspension," as set forth at 2 CFR Part 2424. This list contains the names 26 of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible 27 under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed 28 the small purchase threshold shall provide the required certification regarding its exclusion status and

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 that of its principal employees.
2 Z. Drug-Free Workplace Requirements: The Anti-Drug Abuse Act of 1988 (41 3 U.S.C.A. Section 8101-8103) requires grantees (including individuals) of federal agencies, as a prior 4 condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each 5 potential recipient must certify that it will comply with drug-free workplace requirements in 6 accordance with the Act and with HUD's rules at 2 CFR Part 2425. 7 a-2. Access to Records and Records Retention: The Consultant or Contractor, and any 8 sub-consultants or sub-contractors, shall allow all duly authorized Federal, State, and/or County 9 officials or authorized representatives access to the work area, as well as all books, documents, 10 materials, papers, and records of the Consultant or Contractor, and any sub-consultants or sub- l1
contractors, that are directly pertinent to a specific program for the purpose of making audits, 12 examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub-consultants or 13 sub-contractors, further agree to maintain and keep such books, documents, materials, papers, and 14 records, on a current basis, recording all transactions pertaining to this agreement in a form in 15 accordance with generally acceptable accounting principles. All such books and records shall be 16 retained for such periods of time as required by law, provided, however, notwithstanding any shorter 17 periods of retention, all books, records, and supporting detail shall be retained for a period of at least 18 four (4) years after the expiration of the term of this Agreement. aa. Federal Employee Benefit Clause: No member of or delegate to the Congress of 20 21 the United States, and no Resident Commissioner shall be admitted to any share or part of this 22 agreement or to any benefit to arise from the same.
bb. Energy Efficiency: Mandatory standards and policies relating to energy 24 efficiency which are contained in the State energy conservation plan issued in compliance with the 25 Energy Policy and Conservation Act (Pub. L. 94 - 163, Dec. 22, 1975; 42 U.S.C.A. Section 6201, et. 26 seq., 89 Stat.871).
27 cc. Procurement of Recovered Materials (2 CFR 200.323): A non-Federal entity 28 that is a state agency or agency of a political subdivision of a state and its contractors must comply •

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 with 42 U.S.C. Section 6962 of the Solid Waste Disposal Act (42 U.S.C.A. Section 6901, et seq.), as 2 amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include 3 procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 4 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with 5 maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 6 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid 7 waste management services in a manner that maximizes energy and resource recovery; and 8 establishing an affirmative procurement program for procurement of recovered materials identified in 9 the EPA guidelines.
10 dd. Political Activities: CDBG funds shall not be used to finance the use of facilities 11 or equipment for political purposes or to engage in other partisan political activities, such as candidate 12 forums, voter transportation, or voter registration subject to the exceptions listed in 24 CFR 13 570.207(a)(3).
14 11. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL. CITY certifies that the 15 CITY's staff assigned to the CDBG-funded activities have received, reviewed, and will follow the 16 COUNTY's Community Development Block Grant Policy Manual, which is incorporated herein by 17 this reference and made a part hereof.
18 12. COOPERATION WITH COMMUNITY DEVELOPMENT ACTIVITIES. CITY shall 19 cooperate with COUNTY in undertaking essential community development and housing assistance 20 activities and shall assist COUNTY in carrying out its Strategic Plan of the 2019-2024 Five Year 21 22 Consolidated Plan and other requirements of the Community Development Block Grant Program.

13. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
24 ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to 14 CCR Section 1501(d), COUNTY is 25 designated as the lead agency for the project that is the subject matter of this Agreement. 26 14. HOLD HARMLESS AND INDEMNIFICATION. CITY shall indemnify and hold 27 harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their 28 respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 and representatives (individually and collectively hereinafter referred to as "Indemnitees") from any 2 liability whatsoever, based or asserted upon any services of CITY, its officers, employees, 3 subcontractors, agents, or representatives arising out of or in any way relating to this Agreement, 4 including but not limited to property damage, bodily injury, or death or any other element of any kind 5 or nature whatsoever arising from the performance of CITY, its officers, agents, employees, 6 subcontractors, or representatives Indemnitors from this Agreement. CITY shall defend, at its sole 7 expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense 8 and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or 9 omissions.
10 With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at 11 their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, 12 settle, or compromise any such action or claim without the prior consent of COUNTY; provided, 13 however, that any such adjustment, settlement or compromise in no manner whatsoever limits or 14 circumscribes CITY'S indemnification to Indemnitees as set forth herein. 15 CITY'S obligation hereunder shall be satisfied when CITY has provided to COUNTY the 16 appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. 17 The specified insurance limits required in this Agreement shall in no way limit or circumscribe 18 CITY'S obligations to indemnify and hold harmless the COUNTY herein from third party claims. The 19 20 hold harmless and indemnification obligations set forth herein shall survive the termination and 21 expiration of this Agreement.
22 In the event there is conflict between this clause and California Civil Code Section 2782, this 23 clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the 24 CITY from indemnifying the Indemnitees to the fullest extent allowed by law. 25 15. INSURANCE. Without limiting or diminishing the CITY'S obligation to indemnify or 26 hold the COUNTY harmless, CITY shall procure and maintain or cause to be maintained, at its sole 27 cost and expense, the following insurance coverage's during the term of this Agreement. As respects 28 to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies,

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 Districts, Special Districts, and Departments, their respective directors, officers, Board of COUNTY 2 OF RIVERSIDE Supervisors, employees, elected or appointed officials, agents, or representatives as 3 Additional Insureds.
4 a. Workers' Compensation:
5 If the CITY has employees as defined by the State of California, the CITY shall maintain 6 statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of 7 California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease 8 with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive 9 subrogation in favor of the County of Riverside.
10 b. Commercial General Liability:
11 Commercial General Liability insurance coverage, including but not limited to, premises 12 liability, contractual liability, products and completed operations liability, personal and advertising 13 injury, and cross liability coverage, covering claims which may arise from or out of CITY'S 14 performance of its obligations hereunder. Policy shall name the County of Riverside as Additional 15 Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single 16 limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement 17 or be no less than two (2) times the occurrence limit. 18 b.1: Sexual Abuse or Molestation (SAM) Liability:
19 If the work will include contact with minors, and the Commercial General Liability policy is not 20 21 endorsed to include affirmative coverage for sexual abuse or molestation, Vendor/Contractor shall 22 obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than 23 $2,000,000 per occurrence or claim.
24 c. Vehicle Liability:
25 If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, 26 then CITY shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an 27 amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a 28 general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 occurrence limit. Policy shall name the County of Riverside as Additional Insured. 2 d. General Insurance Provisions - All lines:
3 (i). Any insurance carrier providing insurance coverage hereunder shall be admitted 4 to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such 5 requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager 6 waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only 7 for one policy term.
8 (ii). The CITY must declare its insurance self-insured retentions. If any such self- 9 insured retentions exceed $500,000 per occurrence, such retentions shall have the prior written consent 10 of the County Risk Manager before the commencement of operations under this Agreement. Upon 11 notification of self-insured retention unacceptable to the COUNTY, and at the election of the Country's 12 Risk Manager, CITY'S carriers shall either; 1) reduce or eliminate such self-insured retention as 13 respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses 14 and related investigations, claims administration, and defense costs and expenses. 15 (iii). CITY shall cause CITY'S insurance carriers) to furnish the County of Riverside 16 with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of 17 Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing 18 by the County Risk Manager, provide original Certified copies of policies including all Endorsements 19 20 and all attachments thereto, showing such insurance is in full force and effect. Further, said 21 Certificate(s) and policies of insurance shall contain the covenant of the insurance carriers) that thirty 22 (30) days written notice shall be given to the County of Riverside prior to any material modification, 23 cancellation, expiration or reduction in coverage of such insurance. In the event of a material 24 modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate 25 forthwith, unless the County of Riverside receives, prior to such effective date, another properly 26 executed original Certificate of Insurance and original copies of endorsements or certified original 27 policies, including all endorsements and attachments thereto evidencing coverage's set forth herein 28 and the insurance required herein is in full force and effect. CITY shall not commence operations until

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of 2 endorsements and if requested, certified original policies of insurance including all endorsements and 3 any and all other attachments as required in this Section. An individual authorized by the insurance 4 carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificaté of 5 Insurance.
6 (iv). It is understood and agreed to by the parties hereto that the CITY'S insurance 7 shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self- 8 insured retention's or self-insured programs shall not be construed as contributory. 9 (v). If, during the term of this Agreement or any extension thereof, there is a material 10 change in the scope of services; or, there is a material change in the equipment to be used in the 11 performance of the scope of or, the term of this Agreement, including any extensions thereof, exceeds 12 five (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage's currently required herein, 14 if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the 15 CITY has become inadequate.
16 17 (vi). CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
18 19 (vii). The insurance requirements contained in this Agreement may be met with a 20 programs) of self-insurance acceptable to the COUNTY. 21 (viii). CITY agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement. 23 16. FEDERAL REQUIREMENTS. CITY shall comply with the provisions of the Act and 24 any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant 25 to the Act. More particularly, CITY is to comply with those regulations found in the Uniform 26 Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 27 Part 200) and 24 CFR Part 570. CITY is to abide by the provisions of the COUNTY's CDBG policies. 28 17. PROGRAM INCOME. CITY, who is a subrecipient as defined in 24 CFR Part

Docusign Envelope ID: 673F1BE4-ESDC-4E76-8859-250456E1347E 1 570.500(c), shall not retain any program income as defined in 24 CFR 570.500. Any and all program 2 income shall be retained by the COUNTY pursuant to 24 CFR 570.504. 3 18. INDEPENDENT CAPACITY. The CITY is, for purposes relating to this Agreement, an independent contractor and shall not be deemed an employee, officer, or agent of the COUNTY. It is 5 expressly understood and agreed that the CITY (including its employees, agents and subcontractor's) 6 shall in no event be entitled to any benefits to which the COUNTY employees are entitled, including 7 but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave 8 or other leave benefits. There shall be no employer-employee relationship between the parties; and 9 the CITY shall hold the COUNTY harmless from any and all claims that may be made against the 10 COUNTY based upon any contention by a third party that an employer-employee relationship exists by reason of this Agreement. It is further understood and agreed by the Parties that the CITY in the 12 performance of this Agreement is subject to the control or direction of the COUNTY merely as to the 13 results to be accomplished and not as to the means and methods for accomplishing the results. 14 19. NONDISCRIMINATION. CITY shall abide by 24 CFR Sections 570.601 and 570.912 15 which require that no person in the United States shall on the ground of race, color, religion, national 16 origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to 17 discrimination under any program or activity funded in whole or in part with CDBG funds. 18 CITY agrees to abide by and include in any subcontracts to perform work under this 19 20 Agreement, the following clause:
"During the performance of this Agreement CITY and its subcontractors shall not unlawfully 21 22 discriminate against any employee or applicant for employment because of race, religion, color, 23 national origin, ancestry, physical disability, medical condition, sex, sexual orientation, general 24 identity marital status, veteran's status, age (over 40) or sex. CITY and subcontractors shall 25 insure that the evaluation and treatment of their employees and applicants for employment are 26 free of such discrimination. CITY and subcontractors shall comply with the provisions of the 27 Fair Employment and Housing Act (California Government Code Section 12900 et seq.). The 28 applicable regulations of the Fair Employment and Housing Commission implementing

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 California Government Code Section 12990 et seq., set forth in Chapter 1 of Division 4.1 of Title 2 2 of the California Administrative Code are incorporated into this Agreement by reference and 3 made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of 4 their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement."
6 19. PROHIBITION AGAINST CONFLICTS OF INTEREST.
7 a. CITY and its assigns, employees, agents, consultants, officers and elected and 8 appointed officials shall become familiar with and shall comply with the Uniform Administrative 9 Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and the 10 CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611. 11 b. The CITY shall maintain a written code or standards of conduct that shall govern 12 the performance of its officers, employees or agents engaged in the award and administration of 13 contracts supported by Federal funds.
14 No employee, officer or agent of the CITY shall participate in the selection, or in 15 the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or 16 apparent, would be involved.
17 d. No covered persons who exercise or have exercised any functions or 18 19 responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a 20 decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement 21 22 with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted 23 activity, either for themselves or those with whom they have business or immediate family ties, during 24 their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" 25 includes any person who is an employee, agent, consultant, officer, or elected or appointed official of 26 the Grantee, the CITY, or any designated public agency. 27 e. CITY understands and agrees that no waiver or exception can be granted to the 28 prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 570.611(d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine 2 whether such request is appropriate for submission to HUD. In determining whether such request is 3 appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 4 570.611 (d)(2).
5 f. Prior to any funding under this Agreement, CITY shall provide COUNTY with a 6 list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision-making process, exercise any functions or responsibilities, or gain 8 inside information with respect to the CDBG activities funded under this Agreement. CITY shall also 9 promptly disclose to COUNTY any potential conflict, including even the appearance of conflict, that 10 may arise with respect to the CDBG activities funded under this Agreement. 11 g. Any violation of this section shall be deemed a material breach of this Agreement, 12 and the Agreement shall be immediately terminated by the COUNTY. 13 20. RELIGIOUS ACTIVITIES. CITY shall adhere to the regulations set forth in Exhibit 14 "R", attached hereto and incorporated herein by this reference. 15 21. LOBBYING. The CITY certifies to the best of its knowledge and belief, that:
16 a. No federally appropriated funds have been paid or will be paid, by or on behalf of 17 the undersigned, to any person for influencing or attempting to influence an officer or employee of any 18 19 agency, a member of Congress, an officer or employee of Congress, or an employee of a member of 20 Congress in connection with the awarding of any federal contract, the making of any federal grant, the 21 making of any federal loan, the entering into of any cooperative agreement, and the extension, 22 continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative 23 agreement.
24 b. If any funds other than federally appropriated funds have been paid or will be paid 25 to any person for influencing or attempting to influence an officer to employee of any agency, a 26 member of Congress, an officer or employee of Congress, or an employee of a member of Congress 27 in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall 28 complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with

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Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 its instructions.
2 c. The undersigned shall require that the language of this certification be included 3 in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts 4 under grants, loans, and cooperative agreements) and that all CITYs shall certify and disclose 5 accordingly. This certification is a material representation of fact upon which reliance was placed when 6 this transaction was made or entered into.
7 22. TERMINATION.
8 a. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY, pursuant to 2 CFR Section 200.339 (a)(4). 10 b. COUNTY. Notwithstanding the provisions of Section 22a above, COUNTY may 11 suspend or terminate this Agreement upon written notice to CITY of the action being taken and the 12 reason for such actions including but not limited to the following reasons:
(1) In the event CITY fails to perform the covenants herein contained at such 14 times and in such manner as provided in this Agreement; or 15 (2) In the event there is a conflict with any federal, state or local law, 16 ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable; or 17 In the event the funding from the Department of Housing and Urban (3)
18 Development referred to in Section 1 above is terminated or otherwise becomes unavailable. 19 This Agreement may be terminated and/or funding suspended, in whole or in part, c.
20 for cause in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit 21 Requirements for Federal Awards (2 CFR Section 200.339). Cause shall be based on the failure of the 22 CITY to materially comply with either the terms or conditions of this Agreement. Upon suspension of funding, the CITY agrees not to incur any costs related thereto, or connected with, any area of conflict 24 from which the COUNTY has determined that suspension of funds is necessary. CITY acknowledges 25 that failure to comply with Federal statutes, regulations, or the terms and conditions of this Agreement 26 may be considered by the COUNTY in evaluating future CDBG and non-CDBG funding applications 27 28 submitted by CITY.

Reversion of Assets

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 Upon expiration of this Agreement, the CITY shall transfer to the 2 COUNTY any CDBG funds, including but not limited to the CDBG Entitlement funds on hand at the 3 time of expiration of the Agreement as well as any accounts receivable held by CITY which are 4 attributable to the use of CDBG funds awarded pursuant to this Agreement.

Any real property under the CITY'S control that was acquired or improved 6 in whole or in part with CDBG funds (including CDBG funds provided to the CITY in the form of a 7 loan) in excess of $25,000 is either:
8 (i) Used to meet one of the National Objectives in 24 CFR Section 9 570.208 until five years after expiration of this agreement, or for such longer period of time as 10 determined to be appropriate by the COUNTY; or
11 (ii) Not used in accordance with Clause (i) above, in which event the 12 CITY shall pay to the COUNTY an amount equal to the current market value of the property less any 13 portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or 14 improvement to, the property.
15 23. PUBLICITY. Any publicity generated by CITY for the project funded pursuant to this 16 Agreement, during the term of this Agreement, will make reference to the contribution of the County 17 of Riverside Community Development Block Grant Program in making the project possible. 18 24. PROGRAM MONITORING AND EVALUATION. CITY shall be monitored and 19 evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and 20 the effective and efficient achievement of the CDBG National Objectives as set forth in Exhibit A, 21 attached hereto. CITY shall be monitored and evaluated in terms of its effectiveness and timely 22 23 compliance with the provisions of this Agreement and the effective and efficient achievement of the 24 Program Objectives. Quarterly reports shall be due on the fifteenth (15'h) day of the month immediately 25 following the end of the quarter being reported. The quarterly written reports shall include, but shall not 26 be limited to the following data elements:
27 a. Title of program, listing of components, description of activities/operations. 28 b. The projected goals, indicated numerically, and also the goals achieved (for each

Il
Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 report period). In addition, identify by percentage and description, the progress achieved towards 2 meeting the specified goals; additionally, identify any problems encountered in meeting goals. 3 c. If CDBG funded Activity meets National Objective under 24 CFR 570.208 4 (a)(2)(i)(B), CITY shall report the following:
5 1) Total number of direct beneficiaries (clientele served) with median household income (MHI):
6 Above 80% MHI
7 Between 50% and 80% MHI (Low-Income)
8 •
Between 30% and 50% MHI (Very Low-Income)
9 Below 30% MHI (Extremely Low-Income)
Total number and percentage of all clients at, or below, 80% MIHIl 11 Racial ethnicity of clientele
12 Number of Female-Headed Households
13 d. CITY shall report beneficiary statistics monthly, or as otherwise required, to 14 COUNTY on the pre-approved Direct Benefit Form and Self-Certification Form (certifying income, 15 family size, and racial ethnicity) as required by HUD. In the event that HUD or COUNTY implement 16 changes to the reporting requirements, CITY will be provided with updated forms and instructions 17 necessary to comply with the reporting requirements of HUD's Outcome Performance Measurement 18 System.
19 25. PRIOR COUNTY APPROVAL (CONSTRUCTION ACTIVITIES). CITY shall obtain 20 COUNTY's written approval, through its Department of Housing and Workforce Solutions, of the 21 project plans, specifications, and construction documents prior to CITY's construction of same for all 22 projects consisting of CDBG-funded construction activities. The County neither undertakes nor 23 assumes nor will have any responsibility or duty to CITY or to any third party to review, inspect, 24 supervise, pass judgment upon or inform CITY or any third party of any matter in connection with the 25 development or construction of the improvements, whether regarding the quality, adequacy or 26 suitability of the plans, any labor, service, equipment or material furnished to the property, any person 27 furnishing the same, or otherwise. CITY and all third parties shall rely upon its or their own judgment 28 regarding such matters, and any review, inspection, supervision, exercise of judgment or information

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 supplied to CITY or to any third party by the County in connection with such matter is for the public 2 purpose of assisting with a community development and housing activity pursuant to the Act, and 3 neither CITY (except for the purposes set forth in this Agreement) nor any third party is entitled to rely 4 thereon. The County shall not be responsible for any of the work of construction, improvement, or 5 development of the property.
6 It is the responsibility of CITY, without cost to County, to ensure that all applicable local 7 jurisdiction land use requirements will permit development of the property and construction of the 8 improvements and the use, operation, and maintenance of such Improvements in accordance with the 9 provisions of this Agreement. Nothing contained herein shall be deemed to entitle CITY to any local 10 jurisdiction or County permit or other local jurisdiction or County approval necessary for the 11 development of the Property, or waive any applicable local jurisdiction or County requirements 12 relating thereto. This Agreement does not (a) grant any land use entitlement to CITY, (b) supersede, 13 nullify, or amend any condition which may be imposed by the local jurisdiction in connection with 14 approval of the development described herein, (c) guarantee to CITY or any other party any profits 15 from the development of the Property, or (d) amend any local jurisdiction or County laws, codes or 16 rules.
17 26. PRIOR COUNTY APPROVAL (AQUISITION ACTIVITIES). CITY shall obtain 18 COUNTY's written approval and authorization to proceed, through its Department of Housing and 19 20 Workforce Solutions, of all CDBG-funded real property acquisition activities.

27. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED WITH 22 CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire real property or 23 to construct a public facility, CITY will comply with the Uniform Administrative Requirements, Cost 24 Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.311); National 25 Environmental Policy Act of 1969 (42 U.S.C.A. §4321, et seq.); the California Environmental Quality 26 Act (Cal. Pub. Resources Code §21000, et seq.); the Uniform Relocation Assistance and Real Property 27 Acquisition Policies Act of 1970, as amended (42 U.S.C. A. §4630, et seq.); and the COUNTY's Five 28 Year Consolidated Plan. In addition, the following is to occur:

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 a. Title to the real property shall vest in CITY;
2 b. The real property will be held by CITY, or the constructed facility will be 3 maintained by the CITY, for a minimum period of five (5) years from the date the CDBG-funded 4 activity is closed-out and reported as complete by the COUNTY through the Comprehensive Annual 5 Performance and Evaluation Report (CAPER);
6 While held by CITY, the real property or the constructed facility is to be used 7 exclusively for the purposes for which acquisition or construction was originally approved by 8 COUNTY;
9 d. Written approval from COUNTY must be secured if the property or the facility is 10 to be put to an alternate use that is consistent with the COUNTY'S Five-Year Consolidated Plan or the applicable federal regulations governing CDBG funds;
12 e. Should CITY desire to use the real property or the constructed facility, prior to 13 the completion of the mandatory five-year period, for a purpose not consistent with applicable federal 14 regulations governing CDBG funds or to sell the real property or facility, then:
15 (1) If CITY desires to retain title, CITY will reimburse COUNTY the amount 16 that represents the percentage of current fair market value that is identical to the percentage that CDBG 17 funds initially comprised of monies paid to acquire the property or construct the facility; or 18 2) If CITY sells the property or facility or is required to sell the property or 19 facility, CITY shall reimburse COUNTY the amount that represents the percentage of proceeds 20 realized by the sale that is identical to the percentage that CDBG funds initially comprised of monies 21 22 paid to acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds. 24 28. ENTIRE AGREEMENT. This Agreement, including any attachments or exhibits hereto 25 constitutes the entire Agreement of the parties with respect to its subject matter and supersedes all prior and contemporancous representations, proposals, discussions and communications, whether oral or in 27 writing. No oral understanding or agreement not incorporated herein shall be binding on any of the 28 parties hereto. Each of the attachments and exhibits attached hereto is incorporated herein by this

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 reference.
2 29. SEVERABILITY. Each section, paragraph and provision of this Agreement is severable 3 from each other provision, and if any provision or part thereof is declared invalid, the remaining 4 provisions shall nevertheless remain in full force and effect. 5 30. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to, 6 and will require any lessee or assignee to notify Riverside County Workforce Development Center of 7 any and all job openings that are caused by this project. 8 31. MINISTERIAL ACTS. The COUNTY's Director of the Department of Housing and 9 Workforce Solutions, or designee(s), are authorized to take such ministerial actions as may be 10 necessary or appropriate to implement the terms, provisions, and conditions of this Agreement as it 11 may be amended from time to time by COUNTY.
12 32. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability 13 for any later determination by the United States Government, the Department of Housing and Urban 14 Development, or any other person or entity, that CITY is or is not eligible under 24 CFR Part 570 to 15 receive CDBG funds.
16 33. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant to 17 this Agreement is a Community Development Block Grant (CFDA 14.218), and the Grant Award 18 Number is B-23-UC-06-0506
19 20 34 ASSIGNMENT. The CITY will not make any assignment or transfer in any other form 21 with respect to this Agreement, without prior written approval of the COUNTY. 22 35. INTERPRETATION AND GOVERNING LAW. This Agreement and any dispute 23 arising hereunder shall be governed by and interpreted in accordance with the laws of the State of 24 California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in 27 interpreting this Agreement, all parties having been represented by counsel in the negotiation and 28 preparation hereof.

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 36. WAIVER. Failure by a party to insist upon the strict performance of any of the 2 provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon 3 the default of the other party, shall not constitute a waiver of such party's right to insist and demand 4 strict compliance by the other party with the terms of this Agreement thereafter. 5 37. JURISDICTION AND VENUE. Any action at law or in equity arising under this 6 Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed only in the Superior Court of the State of 8 California, located in Riverside, California, and the parties hereto waive all provisions of law 9 providing for the filing, removal or change of venue to any other court or jurisdiction 10 38. AUTHORITY TO EXECUTE. The persons executing this Agreement or exhibits attached hereto on behalf of the parties to this Agreement hereby warrant and represent that they have 12 the authority to execute this Agreement and warrant and represent that they have the authority to bind 13 the respective parties to this Agreement to the performance of its obligations hereunder. 14 39. RESERVED.
15 40. COUNTERPARTS. This Agreement may be signed by the different parties hereto in 16 counterparts, each of which shall be an original but all of which together shall constitute one and the 17 same agreement.
18 41. FORCE MAJEURE.
19 a. Performance by either party hereunder shall not be deemed to be in default where delays 20 or defaults are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, 21 acts of God, acts of the public enemy, epidemics, pandemics, quarantine restrictions, freight 22 23 embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe 24 weather, inability to secure necessary labor, material or tools, delays of any contractor, sub-contractor 25 or supplier, acts of the other party, acts or failure to act of a public or governmental agency or entity, 26 or any causes beyond the control or without the fault of the party claiming an extension of time to 27 perform.
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Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 b. An extension of time for any such cause (a "Force Majeure Delay") shall be for the 2 period of the enforced delay and shall commence to run from the time of the commencement of the 3 cause, if notice by the party claiming such extension is sent to the other party within thirty (30) 4 calendar days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none 5 of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming 6 such delay and interference delivers to the other party written notice describing the event, its cause, 7 when and how such party obtained knowledge, the date the event commenced, and the estimated delay 8 resulting therefrom. Any party claiming a Force Majeure Delay shall deliver such written notice within 9 thirty (30) calendar days after it obtains knowledge of the event. 10 42. BINDING ON SUCCESSORS. CITY, its heirs, assigns and successors in interest, shall 11 be bound by all the provisions contained in this Agreement, and all of the parties thereto shall be 12 jointly and severally liable hereunder.
13 43. MODIFICATION OF AGREEMENT. This Agreement may be modified or amended 14 only by a writing signed by the duly authorized and empowered representatives of COUNTY and 15 CITY, respectively.
16 44. DIGITAL AND ELECTRONIC SIGNATURES. The parties agree to the use of electronic 17 signatures, such as digital signatures that meet the requirements of the California Uniform Electronic 18 Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17). The parties further agree that 19 20 that the electronic signatures of the parties included in this Agreement are intended to authenticate this 21 writing and to have the same force and effect as manual signatures. Electronic signature means an 22 electronic sound, symbol, or process attached to or logically associated with an electronic record and 23 executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as 24 amended from time to time. The CUETA authorizes use of an electronic signature for transactions and 25 contracts among parties in California, including a government agency. Digital signature means an 26 electronic identifier, created by computer, intended by the party using it to have the same force and 27 effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes 28

Docusign Envelope ID: 673F 1BE4-E6DC-4E76-8859-2504SE1347E of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of 2 Section 1633.2 of the Civil Code.
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Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E 1 IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as of the 2 dates set forth below.
3 4 COUNTY OF RIVERSIDE, CITY OF MURRIETA,
a political subdivision of the a General law City
5 State of California
6 BY: X M. BY: Justin Clifton
7 v Manuel Perez,
8 Board supervisors, Chair Name: Justin Clifton
9 Title: City Manager
Date: 3/04/2025 Date: February 21, 2025
11 12 ATTEST: Kimberly A Rector, ATTEST:

County Clerk
14 BY:* BY:
15 City Clerk
16 17
18 APPROVED AS TO FORM: APPROVED AS TO FORM:
20 MINH C. TRAN BY: tiffany Israel
21 City Attorney

COUNTY EQUNSEL
23 VASSA
24 By: _
Paula S. Salcido,
Deputy County Counsel
26 27
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Ост 29 2024 3.16
Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E EXHIBIT "R"
24 C.F.R. § 5.109
Equal participation of faith-based organizations in
HUD programs and activities.

Effective: May 4, 2016
(a) Purpose.

Consistent with Executive Order 13279 (issued on December 12, 2002, 67 FR 77141), entitled "Equal Protection (issued on May 3, 2018, 83 FR 20715) entitled "Establishment of a White House Faith and Opportunity Initiative," this section describes requirements for ensuring the equal participation of faith-based organizations in HUD programs and activities. These requirements apply to all HUD programs and activities, including all of HUD's Native American Programs, except as may be otherwise noted in the respective program regulations in title 24 of the Code of Federal Regulations (CFR), or unless inconsistent with certain HUD program authorizing statutes. b) Definitions. The following definitions apply to this section:

Direct Federal financial assistance means Federal financial assistance provided when a Federal Government agency or an intermediary, as defined in this section, selects the provider and either purchases services from that provider (i.e., via a contract) or awards funds to that provider to carry out an activity (e.g., via grant, sub-grant, sub-award, or cooperative agreement). The recipients of sub-grants or sub-awards that receive Federal financial assistance through State-administered programs (e.g., flow-through programs) are considered recipients of direct Federal financial assistance. In general, Federal financial assistance shall be treated as direct, unless it meets the definition of indirect Federal financial assistance.

Federal financial assistance means assistance that non-Federal entities receive or administer in the forms of grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, deduction, or exemption.

Indirect Federal financial assistance means Federal financial assistance provided when the choice of the provider is placed in the hands of the beneficiary, and the cost of that service is paid through a voucher, certificate, or other similar means of Government-funded payment. Federal financial assistance provided to an organization is considered indirect when the Government program through which the beneficiary receives the voucher, certificate, or other similar means of Government-funded payment is neutral toward religion meaning that it is available to providers without regard to the religious or non-religious nature of the institution and there are no program incentives that deliberately skew for or against religious or secular providers; and the organization receives the assistance as a result of a genuine, independent choice of the beneficiary.

Intermediary means an entity, including a nongovernmental organization, acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that accepts Federal financial assistance and distributes that assistance to other entities that, in turn, carry out activities under HUD programs. (c) Equal participation of faith-based organizations in HUD programs and activities.

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E Faith-based organizations are eligible, on the same basis as any other organization, to participate in any HUD program or activity, considering any permissible accommodations, particularly under the Religious Freedom Restoration Act. Neither the Federal Government, nor a State, tribal or local government, nor any other entity that administers any HUD program or activity, shall discriminate against an organization on the basis of the organization's religious character, affiliation, or lack thereof, or on the basis of the organization's religious exercise. For purposes of this part, to discriminate against an organization on the basis of the organization's religious exercise means to disfavor an organization, including by failing to select an organization, disqualifying an organization, or imposing any condition or selection criterion that otherwise disfavors or penalizes an organization in the selection process or has such an effect:
(1) Because of conduct that would not be considered grounds to disfavor a secular organization; (2) Because of conduct that must or could be granted an appropriate accommodation in a manner consistent with RFRA (42 U.S.C. 2000bb through 2000bb-4) or the Religion Clauses of the First Amendment to the Constitution; (3) Because of the actual or suspected religious motivation of the organization's religious exercise. (4) In addition, decisions about awards of Federal financial assistance must be free from political interference or even the appearance of such interference and must be made on the basis of merit, not based on the organization's religious character, affiliation, or lack thereof, or based on the organization's religious exercise. Notices of funding availability, grant agreements, and cooperative agreements shall include language substantially similar to that in appendix A to this subpart, where faith-based organizations are eligible for such opportunities. (d) Independence and identity of faith-based organizations. (1) A faith-based organization that applies for, or participates in, a HUD program or activity supported with Federal financial assistance retains its autonomy, right of expression, religious character, authority over its governance, and independence, and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs. A faith-based organization that receives Federal financial assistance from HUD does not lose the protections of law. (2) A faith-based organization that receives direct Federal financial assistance may use space (including a sanctuary, chapel, prayer hall, or other space) in its facilities (including a temple, synagogue, church, mosque, or other place of worship) to carry out activities under a HUD program without concealing, altering, or removing religious art, icons, scriptures, or other religious symbols. In addition, a faith-based organization participating in a HUD program or activity retains its authority over its internal governance, and may retain religious terms in its organization's name, select its board members and employces on the basis of their acceptance of or adherence to the religious tenets of the organization consistent with paragraph (i) of this section), and include religious references in its organization's mission statements and other governing documents. (e) Explicitly religious activities.

If an organization engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by direct Federal financial assistance and participation must be voluntary for the beneficiaries of the programs or activities that receive direct Federa financial assistance. The use of indirect Federal financial assistance is not subject to this restriction. Nothing in this part restricts HUD's authority under applicable Federal law to fund activities, that can be directly funded by the Government consistent with the Establishment Clause of the U.S. Constitution. (f) Intermediary responsibilities to ensure equal participation of faith-based organizations in HUD programs.

If an intermediary - acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that is administering a program supported by Federal financial assistance - is Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E given the authority to select a nongovernmental organization to receive Federal financial assistance under a contract, grant, sub-grant, sub-award, or cooperative agreement, the intermediary must ensure that such organization complies with the requirements of this section. If the intermediary is a nongovernmental organization, it retains all other rights of a nongovernmental organization under the program's statutory and regulatory provisions.
(g) Nondiscrimination requirements.

Any organization that receives Federal financial assistance under a HUD program or activity shall not, in providing services with such assistance or carrying out activities with such assistance, discriminate against a beneficiary or prospective beneficiary on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. However, an organization that participates in a program funded by indirect Federal financial assistance need not modify its program or activities to accommodate a beneficiary who chooses to expend the indirect aid on the organization's program and may require attendance at all activities that are fundamental to the program. (h) No additional assurances from faith-based organizations.

A faith-based organization is not rendered incligible by its religious nature to access and participate in HUD programs. Absent regulatory or statutory authority, no notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by HUD or a recipient or intermediary in administering Federal financial assistance from HUD shall require otherwise eligible faith-based organizations to provide assurances or notices where they are not required of similarly situated secular organizations. All organizations that participate in HUD programs or activities, including organizations with religious character or affiliations, must carry out eligible activities in accordance with all program requirements, subject to any required or appropriate accommodation, particularly under the Religious Freedom Restoration Act, and other applicable requirements governing the conduct of HUD-funded activities, including those prohibiting the use of direct financial assistance to engage in explicitly religious activities. No notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by HUD or a recipient or intermediary in administering financial assistance from HUD shall disqualify otherwise eligible faith-based organizations from participating in HUD's programs or activities because such organization is motivated or influenced by religious faith to provide such programs and activities, or because of its religious character or affiliation, or on grounds that discriminate against an organization on the basis of the organization's religious exercise, as defined in this part. (i) Exemption from Title VII employment discrimination requirements.

A religious organization's exemption from the Federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1), is not forfeited when the organization participates in a HUD program. Some HUD programs, however, contain independent statutory provisions that impose certain nondiscrimination requirements on all grantees. Accordingly, grantees should consult with the appropriate HUD program office to determine the scope of applicable requirements. (i) Acquisition, construction, and rehabilitation of structures.

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E acquisition, construction, or rehabilitation of sanctuaries, chapels, or other rooms that a HUD-funded faith-based organization uses as its principal place of worship, may not be paid with direct Federal financial assistance.

Disposition of real property by a faith-based organization after its use for an authorized purpose, or any change in use of the property from an authorized purpose, is subject to Government-wide regulations governing real property disposition (2 CFR part 200, subpart D) and the HUD program regulations, as directed by HUD. (k) Commingling of Federal and State, tribal, and local funds.

If a State, tribal, or local government voluntarily contributes its own funds to supplement direct Federal financial assistance for an activity, the State, tribal or local government has the option to segregate those funds or commingle them with the direct Federal financial assistance. However, if the funds are commingled, the requirements of this section apply to all of the commingled funds. Further, if a State, tribal, or local government is required to contribute matching funds to supplement direct Federal financial assistance for an activity, the matching funds are considered commingled with the direct Federal financial assistance and, therefore, subject to the requirements of this section. Some HUD programs' requirements govern any activity assisted under those programs. Accordingly, recipients should consult with the appropriate HUD program office to determine the scope of applicable requirements.
(1) Tax exempt organizations.

In general, HUD does not require that a recipient, including a faith-based organization, obtain tax-exempt status under section 501(c)(3) of the Internal Revenue Code to be eligible for funding under HUD programs. Many grant programs, however, do require an organization to be a nonprofit organization in order to be eligible for funding.

Notices of funding availability that require organizations to have nonprofit status will specifically so indicate in the eligibility section of the notice of funding availability. In addition, if any notice of funding availability requires an organization to maintain tax-exempt status, it will expressly state the statutory authority for requiring such status. Applicants should consult with the appropriate HUD program office to determine the scope of any applicable requirements. In HUD programs in which an applicant must show that it is a nonprofit organization but this is not statutorily defined, the applicant may do so by any of the following means:
(1) Proof that the Internal Revenue Service currently recognizes the applicant as an organization to which contributions are tax deductible under section 501(c)(3) of the Internal Revenue Code; (2) A statement from a State or other governmental taxing body or the State secretary of State certifying that - (i) The organization is a nonprofit organization operating within the State; and (i) No part of its net earnings may benefit any private shareholder or individual; (3) A certified copy of the applicant's certificate of incorporation or similar document that clearly establishes the nonprofit status of the applicant;
(4) Any item described in paragraphs (l)(1) through (3) of this section, if that item applies to a State of national parents organization, together with a statement by the State of parent organization that the applicant is a local nonprofit affiliate; or
(5) For an entity that holds a sincerely held religious belief that it cannot apply for a determination as an entity hat is tax-exempt under section 501(c)(3) of the Internal Revenue Code, evidence sufficient to establish that th entity would otherwise qualify as a nonprofit organization under paragraphs (I)(1) through (4) of this section. (m) Rule of construction.

Neither HUD nor any recipient or other intermediary receiving funds under any HUD program or activity shall construe these provisions in such a way as to advantage or disadvantage faith-based organizations affiliated with historic or well-established religions or sects in comparison with other religions or sects.

Credits
Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E [69 FR 41717, July 9, 2004; 80 FR 75934, Dec. 7, 2015; 81 FR 19416, April 4, 2016; 85 FR 82315, Dec 17, 2020] SOURCE: 61 FR 5202, Feb. 9, 1996; 61 FR 9041, March 6, 1996; 61 FR 9537, March 8, 1996; 61 FR 11113, March 18, 1996; 61 FR 13616, March 27, 1996; 61 FR 54498, Oct. 18, 1996; 70 FR 77743, Dec. 30, 2005; 73 FR 72340, Nov. 28, 2008; 75 FR 66258, Oct. 27, 2010; 77 FR 5674, Feb. 3, 2012; 80 FR 42352, July 16, 2015; 81 FR 19416, April 4, 2016; 81 FR 80798, Nov. 16, 2016; 81 FR 90657, Dec. 14, 2016, unless otherwise noted.

AUTHORITY: 12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437d, 1437£, 1437n, 3535(d); Sec. 327, Pub.L. 109- 115, 119 Stat. 2936; Sec. 607, Pub.L. 109-162, 119 Stat. 3051 (42 U.S.C. 14043e et seq.); E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; and E.O. 13559, 75 FR 71319, 3 CFR, 2010 Comp., p. 273.; 29 U.S.C. 794, 42 U.S.C. 1437a, 1437c, 1437c-1(d), 1437d, 1437£, 1437n, 3535(d), and Sec. 327, Pub.L. 109-115, 119 Stat. 2936; 42 U.S.C. 3600-3620; 42 U.S.C. 5304(b); 42 U.S.C. 12101 et seq.; 42 U.S.C. 12704-12708; E.O. 11063. 27 FR 11527,3 CFR, 1958-1963 Comp., p. 652; E.O. 12892, 59 FR 2939, 3 CFR, 1994 Comp., p. 849.

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E EXHIBIT "S"

Economic Opportunities for Low-and Very Low-Income Persons

CONTRACT REQUIREMENTS
24 CFR Part 75

RIVERSIDE COUNTY
Section 75.1 Purpose
This part establishes the requirements to be followed to ensure the objectives of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met. The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents Section 75.3 Applicability
(a) General applicability. Section 3 applies to public housing financial assistance and Section 3 projects, as follows:
(1) Public housing financial assistance. Public housing financial assistance means:
(i) Development assistance provided pursuant to section 5 of the United States Housing Act of 1937 (the 1937 Act);
(ii) Operations and management assistance provided pursuant to section 9(e) of the 1937 Act; (il) Development, modernization, and management assistance provided pursuant to section 9(d) of the 1937 Act; and
(iv) The entirety of a mixed-finance development project as described in 24 CFR 905.604, regardless of whether the project is fully or partially assisted with public housing financial assistance as defined in paragraphs (a)(1)(i) through (iii) of this section. (2) Section 3 projects. (i) Section 3 projects means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 or 1701z-2), the Lead-Based Paint Poisoning Prevention Act (42 U.S.C 4801 et seg.); and the Residential Lead-Based Paint Hazard Reduction Act of 1992(42 U.S.C. 4851 et seg.). The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E (ii) The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not less than once every 5 years based on a national construction cost inflation factor through Federal Register notice not subject to public comment. When the Secretary finds it is warranted to ensure compliance with Section 3, the Secretary may adjust, regardless of the national construction cost factor, such thresholds through Federal Register notice, subject to public comment. (iii) The requirements in this part apply to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide housing and community development financial assistance.
(b) Contracts for materials. Section 3 requirements do not apply to material supply contracts. (c) Indian and Tribal preferences. Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.Č. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4111(k) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of this part. (d) Other HUD assistance and other Federal assistance. Recipients that are not subject to Section 3 are encouraged to consider ways to support the purpose of Section 3.

Section 75.5 Definitions.

The terms HUD, Public housing, and Public Housing Agency (PHA) are defined in 24 CFR part

5. The following definitions also apply to this part:
1937 Act means the United States Housing Act of 1937, 42 U.S.C. 1437 et seq.

Contractor means any entity entering into a contract with:
(1) A recipient to perform work in connection with the expenditure of public housing financial assistance or for work in connection with a Section 3 project; or (2) A subrecipient for work in connection with a Section 3 project.

Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed with funds that include public housing financial assistance.

Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act.

Material supply contracts means contracts for the purchase of products and materials, including, but not limited to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies.

Professional services means non-construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, financial Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E consulting, accounting services, environmental assessment, architectural services, and civil engineering services.

Public housing financial assistance means assistance as defined in §75.3(a)(1).

Public housing project is defined in 24 CFR 905.108.

Recipient means any entity that receives directly from HUD public housing financial assistance or housing and community development assistance that funds Section 3 projects, including, but not limited to, any State, local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.

Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u).

Section 3 business concern means:
(1) A business concern meeting at least one of the following criteria, documented within the last six-month period:
(i) It is at least 51 percent owned and controlled by low-or very low-income persons; ii) Over 75 percent of the labor hours performed for the business over the prior three nonth period are performed by Section 3 workers; ol
(2) The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owners) or employees.
(3) Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract.

Section 3 project means a project defined in §75.3(a)(2).

Section 3 worker means:
(1) Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:
(i) The worker's income for the previous or annualized calendar year is below the income limit established by HUD.
(i) The worker is employed by a Section 3 business concern. (iil) The worker is a YouthBuild participant.

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E (2) The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction. (3) Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled.

Section 8-assisted housing refers to housing receiving project-based rental assistance or tenant- based assistance under Section 8 of the 1937 Act.

Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.

Small PHA means a public housing authority that manages or operates fewer than 250 public housing units.

Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's obligation to perform work in connection with the expenditure of public housing financial assistance or for a Section 3 project.

Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.

Targeted Sectio er the a proaries rovided in $875.11, 7521, or 75.29, and does nor Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3226).

Subpart C—Additional Provisions for Housing and Community Development Financial Assistance
$75.19 Requirements.
(a) Employment and training. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section should be given to:

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E (i) Section 3 workers residing within the service area or the neighborhood of the project, and (i) Participants in YouthBuild programs.
(b) Contracting. (I) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section should be given to:
(i) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and (ii) YouthBuild programs.
§75.21 Targeted Section 3 worker for housing and community development financial assistance. (a) Targeted Section 3 worker. A Targeted Section 3 worker for housing and community development financial assistance means a Section 3 worker who is:
(1) A worker employed by a Section 3 business concern; or (2) A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project, as defined in §75.5; or (ii) A YouthBuild participant.
(b) [Reserved]
§75.23 Section 3 safe harbor.
(a) General. Recipients will be considered to have complied with requirements in this part, in the absence of evidence to the contrary if they:
(1) Certify that they have followed the prioritization of effort in §75.19; and (2) Meet or exceed the applicable Section 3 benchmark as described in paragraph (b) of this section.
(b) Establishing benchmarks. (1) HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or both through a document published in the FEDERAL REGISTER. HUD may establish a single nationwide benchmark for Section 3 workers and a single nationwide Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E benchmark for Targeted Section 3 workers, or may establish multiple benchmarks based on geography, the nature of the Section 3 project, or other variables. HUD will update the benchmarks through a document published in the FEDERAL REGISTER, subject to public comment, not less frequently than once every 3 years. Such notice shall include aggregate data on labor hours and the proportion of recipients meeting benchmarks, as well as other metrics reported pursuant to §75.25 as deemed appropriate by HUD, for the 3 most recent reporting years. (2) In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours worked by specific categories of workers or in different localities or regions; averages for labor hours worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks, HUD will exclude professional services from the total number of labor hours as such hours are excluded from the total number of labor hours to be reported per §75.25(a) (4). (3) Section 3 benchmarks will consist of the following two ratios:
(i) The number of labor hours worked by Section 3 workers divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year. (i) The number of labor hours worked by Targeted Section 3 workers as defined in §75.21(a), divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year.
§75.25 Reporting.
(a) Reporting of labor hours. (1) For Section 3 projects, recipients must report in a manner prescribed by HUD:
(i) The total number of labor hours worked;
(ii) The total number of labor hours worked by Section 3 workers; and (iii) The total number of labor hours worked by Targeted Section 3 workers. (2) Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §75.31.
(3) The labor hours reported under paragraph (a)(1) of this section must include the total number of labor hours worked on a Section 3 project, including labor hours worked by any subrecipients, contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report.
(4) Recipients reporting under this section, as well as subrecipients, contractors and subcontractors who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this section, from professional services without including labor hours from professional services in the Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers both professional services and other work and the recipient or contractor or subcontractor chooses not to report labor hours from professional services, the labor hours under the contract that are not from professional services must still be reported.
(5) Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor based on the employer's good faith assessment of the labor hours of a full-time or part- time employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirements specifying time and attendance reporting.
(b) Additional reporting if Section 3 benchmarks are not met. If the recipient's reporting under paragraph (a) of this section indicates that the recipient has not met the Section 3 benchmarks described in §75.23, the recipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not limited to the following:
(1) Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. (2) Provided training or apprenticeship opportunities.
(3) Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
(4) Provided or connected Section 3 workers with assistance in seeking employment including:
drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
(5) Held one or more job fairs.
(6) Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). (7) Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training.
(8) Assisted Section 3 workers to obtain financial literacy training and/or coaching. (9) Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. (10) Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(11) Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns. (12) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

Docusign Envelope ID: 673F1BE4-E5DG-4E76-8859-250456E1347E (13) Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
(14) Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. (c) Reporting frequency. Unless otherwise provided, recipients must report annually to HUD under paragraph (a) of this section, and, where required, under paragraph (b) of this section, on all projects completed within the reporting year in a manner consistent with reporting requirements for the applicable HUD program.
§75.27 Contract provisions.
(a) Recipients must include language applying Section 3 requirements in any subrecipient agreement or contract for a Section 3 project.
(b) Recipients of Section 3 funding must require subrecipients, contractors, and subcontractors to meet the requirements of §75.19, regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts.

Subpart D—Provisions for Multiple Funding Sources, Recordkeeping, and Compliance
§75.29 Multiple funding sources.
(a) If a housing rehabilitation, housing construction or other public construction project is subject to Section 3 pursuant to §75.3(a)(1) and (2), the recipient must follow subpart B of this part for the public housing financial assistance and may follow either subpart B or C of this part for the housing and community development financial assistance. For such a project, the following applies:
(1) For housing and community development financial assistance, a Targeted Section 3 worker is any worker who meets the definition of a Targeted Section 3 worker in either subpart B or C of this part; and
(2) The recipients of both sources of funding shall report on the housing rehabilitation, housing construction, or other public construction project as a whole and shall identify the multiple associated recipients. PHAs and other recipients must report the following information:
(i) The total number of labor hours worked on the project; (ii) The total number of labor hours worked by Section 3 workers on the project; and (iii) The total number of labor hours worked by Targeted Section 3 workers on the project. (b) If a housing rehabilitation, housing construction, or other public construction project is subject to Section 3 because the project is assisted with funding from multiple sources of housing and community development assistance that exceed the thresholds in §75.3(a)(2), the recipient or recipients Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E must follow subpart C of this part, and must report to the applicable HUD program office, as prescribed by HUD.
§75.31 Recordkeeping.
(a) HUD shall have access to all records, reports, and other documents or items of the recipient that are maintained to demonstrate compliance with the requirements of this part, or that are maintained in accordance with the regulations governing the specific HUD program by which the Section 3 project is governed, or the public housing financial assistance is provided or otherwise made available to the recipient, subrecipient, contractor, or subcontractor. (b) Recipients must maintain documentation, or ensure that a subrecipient, contractor, or subcontractor that employs the worker maintains documentation, to ensure that workers meet the definition of a Section 3 worker or Targeted Section 3 worker, at the time of hire or the first reporting period, as follows:
(1) For a worker to qualify as a Section 3 worker, one of the following must be maintained:
(i) A worker's self-certification that their income is below the income limit from the prior calendar year;
(ii) A worker's self-certification of participation in a means-tested program such as public housing or Section 8-assisted housing;
assisti) Cursing dion administrator of enante ased Setty asiero housing hacd sevon is al participant in one of their programs;
(iv) An employer's certification that the worker's income from that employer is below the income limit when based on an employer's calculation of what the worker's wage rate would translate to if annualized on a full-time basis; or
(v) An employer's certification that the worker is employed by a Section 3 business concern. (2) For a worker to qualify as a Targeted Section 3 worker, one of the following must be maintained:
(i) For a worker to qualify as a Targeted Section 3 worker under subpart B of this part:
(A) A worker's self-certification of participation in public housing or Section 8-assisted housing programs;
(B) Certification from a PHA, or the owner or property manager of project-based Section 8- issisted housing, or the administrator of tenant-based Section 8-assisted housing that the worker is articipant in one of their programs
(C) An employer's certification that the worker is employed by a Section 3 business concern; or Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E (D) A worker's certification that the worker is a YouthBuild participant. (ii) For a worker to qualify as a Targeted Section 3 worker under subpart C of this part:
(A) An employer's confirmation that a worker's residence is within one mile of the work site or, if fewer than 5,000 people live within one mile of a work site, within a circle centered on the work site that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census; (B) An employer's certification that the worker is employed by a Section 3 business concern; or (C) A worker's self-certification that the worker is a YouthBuild participant. (c) The documentation described in paragraph (b) of this section must be maintained for the time period required for record retentions in accordance with applicable program regulations or, in the absence of applicable program regulations, in accordance with 2 CFR part 200. (d) A PHA or recipient may report on Section 3 workers and Targeted Section 3 workers for five years from when their certification as a Section 3 worker or Targeted Section 3 worker is established. §75.33 Compliance.
(a) Records of compliance. Each recipient shall maintain adequate records demonstrating compliance with this part, consistent with other recordkeeping requirements in 2 CFR part 200. to the local HUD field office.
(c) Monitoring. HUD will monitor compliance with the requirements of this part. The applicable HUD program office will determine appropriate methods by which to oversee Section 3 compliance. HUD may impose appropriate remedies and sanctions in accordance with the laws and regulations for the program under which the violation was found
•
Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E

AMENDED EXHIBIT A
File No.: 3.MR.76-23

AMENDED SUPPLEMENTAL AGREEMENT

SCOPE OF WORK
(NON-PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME: City of Murrieta UEI #: CP6AE8VFMVR6
ADDRESS: 1 Town Square
Murrieta, CA 92562
PROGRAM CONTACTS:_ Kristen Crane, Assistant City Manager PHONE: 951-464-6010 FAX:

E-MAIL: [email protected]
PROJECT NAME: Pedestrian Safety Enhancement Project
PROJECT LOCATION: Various Locations within the City
LEVEL OF ENVIRONMENTAL CLEARANCE: Categorically excluded subject §58.35(a) CDBG ELIGIBILITY CODE: 570.201 (c)
PROJECT FUNDING SUMMARY: $1,209,189.20
Project to be administered by County (HWS) on behalf of City: YES • NO X II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2023-2024 Community Development Block Grant for the Pedestrian Safety Enhancement Project in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:

Activity #1 CDBG funds will be used to enhance pedestrian safety by installing new and upgrading existing pedestrian facility ramps to remove architectural barriers and meet ADA requirements throughout the city. Eligible costs will include design, construction, compliance monitoring, and project management.

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E

AMENDED EXHIBIT A
File No.: 3.MR.76-23
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective:

National Objective Criteria: 570.208 (a)(2)i)(A)
CFR Reference: Low Mod Limited Clientele Presumed
C. Levels of Accomplishment - Goals and Performance Measures The City agrees to implement and complete the following activity (ies):

Activity #1 construct sidewalks, curbs, and street improvements Activity #2 project management, compliance, design, and construction costs.

CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): 2 Creating Suitable Living Environments ] Providing Decent Affordable Housing
- Creating Economic Opportunities
Outcome (select one): X Availability/Accessibility
" Affordability
] Sustainability (promoting livable or viable communities) D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds.

City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's performance under this Agreement.

Any changes in the above items are subject to the prior approval of the County.

E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated.

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E

AMENDED EXHIBIT A
File No.: 3.MR.76-23
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $1,209,189 Drawdowns for the payment of eligible expenses shall be made against the line-item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).

The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City.

Line Item CDBG Granted Total of Total Activity/Project Notes Funds Non-CDBG Budget
Funds
Design/Engineering Costs $35,000 $1,259,189
$50,000
Project Administration $20,000
Costs/Salaries
Construction Costs $1,154,189
Acquisition Costs
Relocations Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Indirect Costs:

TOTAL CDBG BUDGET ] $1,209,189 $50,000 S1,259,189
•

Docusign Envelope ID: 673F1BE4-ESDG-4E76-8859-250456E1347E

AMENDED EXHIBIT A
File No.: 3.MR.76-23
G. Total Amount of Non- CDBG Leveraging

TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL

FEDERAL
Gas Tax
STATE/LOCAL $50,000 $50,000

PRIVATE
OTHER
TOTAL: $50,000
III. ADMINISTRATIVE REQUIREMENTS
Accounting Standards
The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

Cost Principles
The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

C. Documentation and Record Keeping

1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

I Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
V. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E

AMENDED EXHIBIT A
File No.: 3.MR.76-23
vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

2. Records Retention
The City shall retain all CDBG-related financial records, supporting documents, contracts, and Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.

4. Disclosure
The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are completed.

Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income.

6. Audits & Inspections

Docusign Envelope ID: 673F1BE4-E5DC-4E76-8859-250456E1347E

AMENDED EXHIBIT A
File No.: 3.MR.76-23
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below:

Tasks / Milestone Start Date Completion Date
Complete CDBG Training September 2023 September 2023
Implement Project Activities Upon Notification from HWS September 2024 October 2024
Be Notice to nemeal Agreement
Tasks / Milestone Start Date Completion Date
Submit Quarterly Performance Reports to County October 2024 Through June 2026 County Monitoring of City To be determined by Program Manager Program/Performance
Specific Project Activities:

1. City executes Supplemental Agreement; receives Authorization to Incur Cost letter

2. City prepares final construction documents (incorporating Special Federal Provisions) for HWS review and approval
HWS authorizes City to advertise for bids
. HWS reviews and approves bidding process

5. City awards construction contract

5. City and HWS conduct "pre-construction meeting'
. HWS authorizes City to issue "Notice to Proceed'
City Submits Reimbursement Requests
Monthly Submittal
Other Schedule To be determined by Program Manager
CDBG-funded Project Complete June 30, 2026
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
The City must follow proper procurement and construction policies and procedures of the City and CDBG regulations. Construction shall commence using CDBG funding with a Notice to Proceed.

A pre-construction meeting is required. The City must contact the CDBG Program Manager for review before submitting RFP, construction activity, or cost without prior written approval. The County must be contacted 10 (ten) days in advance for attendance of the Pre-Construction meeting.

Original signed Certified payrolls are to be submitted on a weekly basis to the HWS-CDBG program manager once construction starts.

D docusign
Certificate Of Completion
Envelope Id: 673F1BE4-E5DC-4E76-8859-250456E1347E
Subject: Complete with Docusign: First Amendment to FY 23-24 CDBG Supplemental Agreement.pdf Status: Completed Source Envelope:

Document Pages: 53 Signatures: 8
Certificate Pages: 6 Envelope Originator:

Initiats: 0 Rachel Guerrero
AutoNav: Enabled Stamps: 1
Envelopeld Stamping: Enabled 1 Town Sq
Time Zone: (UTC-08:00) Pacific Time (US & Murieta, CA 92562 Canada) [email protected]
IP Address: 216.70.240.130
Record Tracking
Status: Original Holder: Rachel Guerrero
2/20/2025 2:24:08 PM Location: DocuSign
[email protected]
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO City of Murrieta Location: Docusign Signer Events Signature Timestamp
Kristen Crane Sent: 2/20/2025 2:35:32 PM
[email protected] kensten Crane Viewed: 2/20/2025 7:03:46 PM Assistant City Manager Signed: 2/20/2025 7:04:08 PM
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Javier Carcamo Sent: 2120/2025 7:04:09 PM
[email protected] javier Carramo Viewed: 2/21/2025 7:15:11 AM Finance Director Signed: 2/21/2025 7:15:52 AM
City of Murrieta
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Not Offered via Docusign
Tiffany Israel Sent: 2/21/2025 7:15:54 AM
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Signed using mobile
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Rosa Vega Sent: 2/21/2025 8:11:18 AM
[email protected] Pia Vego Viewed: 2/21/2025 8:52:05 AM Carahsoft OBO City of Murrieta Signed: 2/21/2025 8:52:16 AM Security Level: Email, Account Authentication
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Justin Clifton
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City of Murrieta Signed: 2121/2025 8:54:19 AM
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Signed using mobile
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Cristal McDonald
[email protected] Caine In Sent: 2/21/2025 8:54:21 AM City Clerk Viewed: 2128/2025 1:48:04 PM
City of Murrieta Signed: 2/28/2025 1:48:19 PM
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Kimberly Ramirez
COPIED Sent: 2/28/2025 1:48:22 PM
[email protected]
Deputy City Clerk
City of Murrieta
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Accepted: 1/20/2022 3:45:14 PM
ID: 87568137-6376-454c-acef-73031968557a
Isaac Bravo Sent: 2/28/20251:48:23 PM
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Electronic Record and Signature Disclosure created on: 10/17/2019 10:22:36 AM Parties agreed to: Kristen Crane, Tiffany Israel, Kimberly Ramirez

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