HomeMy WebLinkAboutCO 2025-207 - Community Services Departmenty of NantJiC' e 35on ja
CONTRACT NUMBER
CITY OF RANCHO CUCAMONGA
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("Contract") is made and
entered into this 1st day of July 2025, by and between the City of Rancho Cucamonga,
hereinafter called "City" and the City of Rancho Cucamonga Community Services
Department hereinafter called the "Participant." The City and Participant are
sometimes hereinafter referred to individually as "Party" and collectively as the
"Parties."
R.FTTAT,�
WHEREAS, the City has entered into a contract with the United States of
America, through its Department of Housing and Urban Development (HUD), to execute
the City's Community Development Block Grant ("CDBG") Program, under Title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seg.), as amended
(hereinafter called the "Act"); and
WHEREAS, Participant is an organizational unit of City and has been selected
by the City Manager to provide certain eligible services through one or more community
development activities, as specified in 24 CFR 570.200 ("CDBG Program"); and
WHEREAS, the City desires to memorialize and transmit the CDBG Program
requirements to Participant through execution of this Contract as a means to facilitate
compliance with the Act; and
WHEREAS, the City has approved the provision of CDBG Program funds to be
used by the Participant to provide certain services (the "Project Services") as more
particularly described in the Project Description and Project Budget attached hereto as
Exhibit A and incorporated herein; and
WHEREAS, the Participant represents and warrants to the City that the
Participant is qualified to provide the Project Services by reason of experience,
preparation, organization, staffing and facilities and that it shall provide the Project
Services as set forth in Exhibit A; and
WHEREAS, the Participant represents and warrants to the City that it shall
provide the Project Services in accordance with the Project Budget as set forth in Exhibit
A.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth
and the mutual benefits to be derived there from, the parties agree as follows:
TERMS
CONTRACT. This Contract consists of this document and the attached Exhibit
A.
2. CONTRACT ADMINISTRATION. The City Manager of the City of Rancho
Cucamonga, hereinafter called the "City Manager", or the Management Analyst,
hereinafter referred to as "their Designee," shall have full authority to act for
City in the administration of this Contract consistent with the provisions
contained herein.
3. SCOPE OF SERVICES. The Participant is to perform all the Project Services
set forth in the Project Description in Exhibit A. The Participant shall perform
all Project Services in accordance with this Contract, including the Recitals and
Exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations. It is further noted that
Participant will not utilize funds under this program for Research &
Development (R&D).
4. TIME OF PERFORMANCE. The Project Services shall commence on July 1,
2025 and shall be completed no later than June 30, 2026.
COMPENSATION AND METHOD OF PAYMENT. For such performance of the
Project Services, City shall reimburse Participant an amount not to exceed the
amounts indicated in the Project Budget listed in Exhibit A ("Reimbursement
Amount"), which shall constitute full and complete compensation hereunder for
the Project Services. The Reimbursement Amount will only be paid if
reimbursable from the federal government under the Act for the amounts
indicated in the Project Budget listed in Exhibit A, or from CDBG Program
Income, as described in 24 CFR 570.500(a), and accumulated as a result of this
Contract. The Reimbursement Amount shall constitute reimbursement only for
allowable costs incurred as a result of the Project Services. The Parties
understand and agree that such reimbursement, if any, shall be conditioned upon
the City's receipt of CDBG Program funds from the federal government or
accumulation of CDBG Program Income, as set forth in Section 38 and as a result
of this Contract, and shall not be a charge on any other funds of the City.
All requests for reimbursement shall be submitted Quarterly, on a form
acceptable to the City, for costs incurred under this Contract, along with one (1)
set of verifiable written supporting documentation of the expenditures by the
Participant for the Project Services ("Supporting Statements"), which shall be
submitted to the City in such form acceptable to the City in its sole and absolute
discretion. Such Supporting Statement shall be submitted prior to any payment,
in whole or in part, by the City of the Reimbursement Amount.
6. BUDGET SECTION. The Participant may not exceed the amounts designated
to be spent for the Project Services as outlined in the Project Budget in Exhibit
A without prior written approval of the City which shall be given or withheld in
the City's sole and absolute discretion.
7. COMPLIANCE WITH LAWS. Both Parties shall be bound by applicable Federal,
State, and local laws, ordinances, regulations and directives as they pertain to
the performance of this Contract. This Contract is subject to and incorporates
the terms of the Act; 24 CFR, Part 570; 2 CFR Part 200 as applicable pursuant
to 24 CFR 570.502; and the City's Municipal Code.
The Participant shall comply with applicable uniform administrative
requirements, as described in 24 CFR Part 570.502. The Participant shall carry
out each activity in compliance with all Federal laws and regulations described
in Subpart K of the CDBG regulations, 24 CFR 570.600 et seq., except that:
(i) The Participant does not assume the City's environmental
responsibilities described at 24 CFR Part 570.604; and
(ii) The Participant does not assume the City's responsibility for
initiating the review process under 24 CFR Part 52.
8. PROGRAM EVALUATION AND REVIEW. During the term of this Contract,
and for a period of four (4) years thereafter, Participant shall make available for
inspection by authorized City personnel, the Participant's performance, financial
and all other records, including but not limited to procurement, income
documentation, and consultant contracts, pertaining to performance of this
Contract, and shall allow authorized City personnel to inspect and monitor the
Participant's facilities and program operations. Such monitoring may include
interviewing Participant staff and CDBG Program participants (beneficiaries),
as required by the City.
Participant shall submit all data necessary for the City to complete the
Consolidated Annual Performance and Evaluation Report ("CAPER"), on a form
acceptable to the City, for submission to HUD. The CAPER is part of the Five -
Year Consolidated Plan ("Con Plan") which is submitted to HUD annually
reporting on the progress the City has made towards meeting the goals identified
in the Con Plan and One -Year Annual Action Plan. Participant also agrees to
monitor program accountability and progress in accordance with HUD
requirements, in the format and at the time designated by the City Manager, or
their Designee.
9. NON -EXPENDABLE PERSONAL PROPERTY. The Participant shall maintain
a record for each item of non -expendable property acquired with CDBG Funds in
connection with the Project Services. This record shall be made available to the
City upon the City's reasonable notice and request. Nonexpendable personal
property means leased and purchased tangible personal property having a useful
life of more than one (1) year and an acquisition cost of $10,000 or more per unit.
Nonexpendable property includes tangible personal property, including, but not
limited to, office equipment, as well as any funds derived from the sale or
disposition of nonexpendable property. Any utilization of funds derived from the
sale or disposition of nonexpendable property must have prior written approval
of the City and otherwise comply with all applicable federal, state and local laws
and regulations. Should this Contract be terminated or expire, the City reserves
the right to determine the final disposition of nonexpendable property acquired
in connection with the Project Services with CDBG funds, including funds
derived therefrom. Said disposition may include taking possession of the
nonexpendable property.
10. REVERSION OF ASSETS. Upon the expiration of this Contract, the Participant
shall transfer to the City any remaining CDBG Program funds on hand at the
time of expiration or termination and any accounts receivable attributable to the
use of CDBG Program funds.
Any real property under the Participant's control that was acquired or improved
in whole or in part with CDBG funds in excess of $25,000 shall be either:
(i) Used to meet one of the national objectives in 24 CFR 570.208
until five (5) years after termination or expiration of this
Contract, or such longer period of time as is specified in
Exhibit A; or
(ii) Not used in accordance with paragraph 10(i) above, in which
event the Participant shall reimburse the CDBG Program
Fund 431 an amount of the current market value of the
property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or
improvement to, the property. Such reimbursement is not
required after the period of time and under the conditions
specified in subparagraph 10 (i) of the Contract.
11. PURCHASE OR LEASE OF NONEXPENDABLE PERSONAL PROPERTY.
Participant shall obtain three (3) documented bids prior to purchasing or leasing
any nonexpendable personal property costing over Ten Thousand Dollars
($10,000.00) per unit as approved in the Project Budget. The Participant shall
purchase or lease from the lowest responsive and responsible bidder. All
nonexpendable property purchased or leased pursuant to the Contract shall be
properly identified and inventoried and shall be charged at its actual price,
deducting all cash discounts, rebates and allowances received by Participant.
This inventory shall be provided or made available to the City upon request.
12. ACCOUNTING. All CDBG Program Funds received by the Participant from the
City pursuant to this Contract shall be maintained separate and apart from any
other funds of the Participant or of any principal or member of the Participant in
an account in a federally insured banking or savings and loan institution. The
Participant must establish and maintain on a current basis an adequate accrual
accounting system in accordance with generally accepted accounting principles
and standards . Additionally, Participant shall comply with 2 CFR Part 200
Subpart D 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. Participant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Contract. All such records shall be clearly identifiable. Participant shall allow
a representative of the City during normal business hours to examine, audit and
make transcripts or copies of such records and any other documents created
pursuant to this Contract.
13. AFFIRMATIVE ACTION. In addition to Section 55 below, the Participant shall
make every effort to ensure that all projects funded wholly or in part by CDBG
Program funds shall provide equal employment and career advancement
opportunities for minorities and women. In addition, the Participant shall make
every effort to employ lower income residents of the City and shall keep a record
of the positions that have been created directly as a result of this project.
14. CHANGES. The City may, from time to time, request changes in the Project
Services to be performed hereunder by the Participant. Such changes, including
any increase or decrease in the amount of the Participant's Reimbursement
Amount, must be agreed upon by and between the City and the Participant in
writing by amending Exhibit A, and shall be incorporated into this Contract.
15. CHANGES IN GRANT ALLOCATION. The City reserves the right to reduce the
allocation of CDBG Program funds to the Participant when the City's fiscal
monitoring indicates that the Participant's rate of expenditure will result in
unspent funds at the end of the program year. Changes in the grant allocation
will be made after consultation with the Participant. Such changes shall be
incorporated into this Contract by written amendments to Exhibit A.
16. CITIZEN PARTICIPATION. All program data as determined by the City in its
sole and absolute discretion to be necessary to provide reports to citizens of the
City will be made available by the Participant at the City's request. Discussions
between the City and the Participant will be held often enough so that the
Participant will be adequately apprised of citizen recommendations during the
course of the program. Participant representatives shall be available to respond
to questions and receive recommendations at local meetings when so requested
by the City Manager, or their Designee.
17. REVENUE DISCLOSURE REQUIREMENT. Upon the City's request,
Participant shall file with the City a written statement listing all revenue
received, or expected to be received, by Participant from Federal, State, or City
sources, or other governmental agencies, and applied, or expected to be applied,
to offset, in whole or in part, any of the costs incurred by Participant in
conducting current or prospective projects or business activities, including, but
not necessarily limited to, the Project or business activity which is the subject of
this Contract. Such statement shall reflect the name and a description of such
business activity, the dollar amount of funding provided, or to be provided, by
each and every governmental agency for each such project or business activity,
and the full name and address of each governmental agency. Participant shall
make available for inspection and audit to City's representatives, upon request,
at any time during the duration of this Contract, and during a period of three (3)
years thereafter, all of its books and records relating to the operation by it of each
project or business activity which is funded in whole or in part with governmental
monies, including the project(s) funded under this Contract, whether or not such
monies are received through the City. All such books and records shall be
maintained by Participant at a location in San Bernardino County.
18. JOINT FUNDING. In addition to the requirements of Section 17 herein, for
projects in which there are sources of funds in addition to CDBG Program funds,
Participant may be required to provide proof of such funding. The City shall not
reimburse the Participant for any costs incurred by Participant which are paid
with other funds.
19. ASSURANCES. The Participant hereby assures and certifies that it has
complied with the Act, applicable regulations, policies, guidelines and
requirements, and that it will comply with all applicable Federal, State and local
laws and regulations as they relate to acceptance and use of Federal funds for
this Federally -assisted program. Also, the Participant represents and warrants
with respect to the Project Services specified in Exhibit A, that it will comply
with all of the provisions of 24 CFR Part 570, as applicable. Participant further
represents and warrants that it will comply with any further amendments or
changes to said required assurances and certifications that during the term of
this Contract it will maintain current copies of said assurances and certifications
at the address specified below.
20. NOTICES. All notices shall be served in writing and delivered via mail or other
electronic means. The notices to the Participant shall be sent to the following:
City of Rancho Cucamonga
Community Services Department
Attn: Ted Morales, Community Services Superintendent
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
ted.morales@cityofrc.us
Notices, reports and statements to the City shall be delivered or sent to the
Management Analyst, or their Designee at:
City of Rancho Cucamonga, Planning Department
Attn: Flavin Nunez, Management Analyst II
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
flavio.nunez@cityofrc.us
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first-class postage pre -paid
and addressed to the party at its applicable address. Actual notice shall be
deemed adequate notice on the date actual notice occurred, regardless of the
method of service. Each party shall promptly notify the other of any change in
its mailing address.
21. ASSIGNMENT. The Participant shall not assign or transfer any interest in this
Contract, whether by assignment, delegation or novation, without the prior
express written consent of the City. Any assignment, delegation or novation of
the terms of this Contract without the prior written consent of the City shall be
null and void and shall constitute a material breach of this Contract.
22. TERMINATION/SUSPENSION. This Contract may be terminated for
convenience at any time by either Party upon giving thirty (30) days' notice in
writing to the other Party. City Manager, or their Designee, is hereby
empowered to give said notice subject to ratification by the City Council of the
City of Rancho Cucamonga.
The City may immediately suspend or terminate this Contract if Participant
materially fails to comply with any term of this Contract, or the award which is
the subject of this Contract whether stated in a federal statute or regulation, an
assurance, in a State Plan or obligation, a Notice of Award, or elsewhere.
Further, City may immediately terminate this Contract upon the termination,
suspension, discontinuation or substantial reduction in CDBG funding for the
Contract activity or if for any reason the timely completion of the work under
this Contract is rendered improbable, infeasible or impossible. In such event,
Participant shall be compensated for all services rendered and all necessarily
incurred costs performed in good faith, in accordance with the terms of this
Contract, that have not been previously reimbursed, to the date of said
termination, to the extent CDBG funds are available.
23. FISCAL LIMITATIONS. Both Parties acknowledge that the United States of
America, through HUD, may, in the future, place programmatic or fiscal
limitation(s) on CDBG funds not presently anticipated. Accordingly, the City
reserves the right to revise this Contract in order to take into account actions
affecting CDBG Program funding. Notwithstanding the provisions of Section 22
herein, in the event of a CDBG funding reduction, the City may: 1) reduce the
budget of this Contract, as a whole or as to a cost category; 2) limit the right of
the Participant's authority to commit and spend funds; or 3) restrict the
Participant's use of both its uncommitted and its unspent funds.
Where HUD has directed or requested the City to implement a reduction in
funding, in whole or as to a cost category, with respect to funding for this
Contract, the City Manager, or their Designee, may act for the City in
implementing and effecting such a reduction and in revising the Contract for
such purpose. Where the City Manager has reasonable grounds to question that
the Participant has materially complied with the terms of this Contract, City
Manager, or their Designee, may act for the City in suspending the operation of
this Contract for up to sixty (60) days, upon three (3) days' notice to Participant
of their intention to so act, pending an audit or other resolution of such questions.
In no event, however, shall any revisions made by the City affect expenditures
and legally binding commitments made by the Participant before it received
notice of such revision, provided that such amounts have been committed in good
faith and are otherwise allowable, that such commitments are consistent with
HUD cash withdrawal guidelines, and that the Participant is in compliance with
the terms of this Contract.
24. USE OF FUNDS FOR ENTERTAINMENT MEALS OR GIFTS. Participant
represents and warrants that it will not use funds provided through this Contract
to pay for entertainment, meals or gifts.
25. INDEMNIFICATION. Participant shall defend, indemnify and hold the City and
its directors, officials, officers, employees, volunteers and agents free and
harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury, in law or in equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any actual,
alleged or negligent acts, omissions or willful misconduct of Participant, its
officials, officers, employees, agents, consultants and contractors arising out of
the performance of the Project Services, for this Contract, including without
limitation the payment of all consequential damages and attorney's fees and
other related costs and expenses. Participant shall defend, at Participant's own
cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the City and
its directors, officials, officers, employees, volunteers or agents, in any such
aforesaid suit, action or other legal proceeding. Participant shall reimburse the
City and its directors, officials, officers, employees, volunteers and/or agents, for
any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Participant's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by the
City and its directors, officials, officers, employees, volunteers or agents.
26. CONFLICT OF INTEREST. The Participant, its agents and employees shall
comply with all applicable Federal, State, County and City laws and regulations
governing conflict of interest including, but not limited to, 24 CFR Part 570.611.
Participant covenants that in the performance of this Contract no person having
such a financial interest shall be employed or retained by the Participant
hereunder.
The Participant will make available to its agents and employees copies of all
applicable Federal, State, County and City laws and regulations governing
conflict of interest with thirty (30) days from the Effective Date of this Contract.
27. DISCRIMINATION.
(i) Participant represents that it is an equal opportunity employer and that
it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex,
age, handicap, or any other classification protected by federal or state law.
Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination. In addition to the
Participant's obligations under Sections 13 and 55, the Participant shall
also comply with all relevant provisions of City's minority business
enterprise program, affirmative action plan or other related programs or
guidelines currently in effect or hereinafter enacted.
(ii) The Participant shall not discriminate on the ground of race, color,
national origin or sex, exclude any person from participation in, deny any
person the benefits of, or subject any person to discrimination under any
program or activity related to the Project Services, or otherwise, whether
in whole or in part with the CDBG Funds.
28. BUDGET MODIFICATIONS. The City Manager or their Designee, may grant
budget modifications to this Contract for the movement of funds between the
budget categories identified in Exhibit A, provided the modifications do not
exceed the total amount of compensation under this Contract.
29. TIME OF PERFORMANCE MODIFICATIONS. The City Manager or their
Designee, may within his or her sole and absolute discretion grant time of
performance modifications to this Contract when such modifications:
(a) Are specifically requested by Participant;
(b) Will not change the project goals or Project Services (Exhibit A);
(c) Are in the best interests of the City and Participant in performing
the Project Services under this Contract; and
(d) Do not alter the amount of compensation under this Contract.
30. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES. Participant
agrees that in the event the program established hereunder is subject to audit
exceptions by appropriate State and Federal agencies, it shall be responsible for
complying with such exceptions and reimbursing the City the full amount of
City's liability to such appropriate State and Federal agency resulting from such
audit exceptions.
31. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this
Contract will be acting in an independent capacity and not as agents, employees,
partners, joint ventures or associates of one another. The employees or agents of
one party shall not be deemed or construed to be the agents or employees of the
other party for any purpose whatsoever, including workers' compensation
liability. Participant shall bear the sole responsibility and liability for: 1) all
wages, salaries, and other amounts due such personnel in connection with their
performance of this Contract; 2) all reports and obligations respecting such
personnel including, but not limited to, social security taxes, income tax,
withholding, unemployment insurance, and workers' compensation insurance;
and 3) furnishing workers' compensation benefits to any person for injuries
arising from or connected with services performed on behalf of the Participant
pursuant to this Contract.
32. AMENDMENTS/VARIATIONS. This Contract, with Recitals, Exhibits and
attachments, embodies the whole of the agreement of the Parties hereto and
supersedes all prior negotiations, understandings or agreements. There are no
oral agreements not contained herein. Except as herein provided, any addition
to or variation of the terms of this Contract shall not be valid unless made in the
form of a written amendment of this Contract formally approved and executed
by both Parties.
33. ACQUISITION OF SUPPLIES AND EQUIPMENT. The Participant may
purchase necessary supplies and equipment from a related agency/organization
only if: (a) prior authorization is obtained in writing from the City; (b) no more
than maximum prices or charges are made and no more than minimum
specifications are met, as provided in writing by the City; (c) a community related
benefit is derived from such Participant related acquisition; and (d) no conflict of
interest for private gain accrues to the Participant or its employees, agents or
officers.
34. MONITORING AND EVALUATION. The City will monitor, evaluate and
provide guidance to the Participant in the performance of this Contract.
Authorized representatives of the City and HUD shall have the right of access to
all activities and facilities operated by the Participant under this Contract.
Facilities include all files, records, and other documents related to the
performance of this Contract. Activities include attendance at staff, board of
directors, advisory committee and advisory board meetings, and observation of
on -going program functions. The Participant will ensure the cooperation of its
staff and board members in such efforts. The City Manager or their designee
may conduct program progress reviews. These reviews will focus on the extent
to which planned program has been implemented and measurable goals
achieved, effectiveness of program management, and impact of the program.
35. AUDIT. The Participant's program will be audited in accordance with the City's
policy and funding source guidelines. The Participant acknowledges that audits
may also be conducted by Federal, State or local funding source agencies and
shall comply with the audit requirements of such agencies, including but not
limited to 2 CFR Part 200 Subpart F. The City or its authorized representatives
shall, at all times during the term of this Contract and for a period of four (4)
years thereafter, have access, for the purpose of audit or inspection, to any and
all books, documents, papers, records, property, and premises of the Participant.
The Participant's staff will cooperate fully with authorized auditors when they
conduct audits and examinations of the Participant's program. A financial audit
of the Participant's performance under this Contract shall be conducted at City's
discretion. If indications of misappropriation or misapplication of the funds of
this Contract cause the City to require a special audit, the cost of the audit will
be encumbered and deducted from this Contract's Project Budget. Should the
special audit confirm misappropriation or misapplication of funds, the
Participant shall reimburse the City within thirty (30) days. In the event the
City uses the judicial system to recover the funds, the Participant shall
reimburse the City its legal fees and court costs in addition to awards.
36. THIS PARAGRAPH INTENTIONALLY OMITTED.
37. THIS PARAGRAPH INTENTIONALLY OMITTED.
38. PROGRAM INCOME. The City reserves the right to determine the disposition
of any Program Income, as described in 24 CFR Part 570.504 (c), accumulated
under the Project Services set forth in Exhibit A. Participant shall be entitled to
utilize, during the Contract duration, any Program Income generated from the
Project Services, as set forth in Exhibit A, specifically and exclusively for the
CDBG eligible Project Services and no other expense of the Participant.
Participant shall only use the program income generated under the following
conditions: (1) all of the terms and conditions of this Contract shall continue in
full force and effect for all Program Income generated; (2) the request for grant
funds by the Participant under this Contract shall be adjusted according to 24
CFR Section 570.504 (b)(2)(i) and (ii); (3) all Program Income shall be used by
the Participant for immediate cash needs for Project Services and shall be
reported to the City on a monthly basis; (4) any Program Income on hand with
the Participant when this Contract terminates, or received after the Contract's
termination, shall be returned to the City; and (5) all Program Income received
and expended shall be recorded in the Participant's accounting records and
included in each audit.
39. FINANCIAL CLOSEOUT PERIOD. The Participant agrees to complete all
necessary financial closeout procedures required by the City Manager or their
designee, within a period of not more than fifteen (15) calendar days from the
expiration date of this Contract. This time period will be referred to as the
Financial Closeout period. Activities during this 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 City), and determining the
custodianship of records. The City is not liable to provide reimbursement for any
expenses or costs associated with this Contract after the expiration of the
Financial Closeout period. After the expiration of the Financial Closeout period,
those funds not paid to the Participant under this Contract, if any, may be
immediately reprogrammed by City into other eligible activities in the City. The
City Manager, or their designee, may request a final financial audit for activities
performed under this Contract at the expiration of the Financial Closeout period.
40. NEPOTISM. Participant shall not hire nor permit the hiring of any person to fill
a position funded through this Contract if a member of that person's immediate
family is employed in an administrative capacity by Participant. For the purpose
of this section, the term "immediate family" means spouse, child, mother, father,
brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-
in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild.
The term "administrative capacity" means having selection, hiring, supervisory
or management responsibilities, including serving on the governing body of
Participant.
41. RELIGIOUS AND POLITICAL ACTIVITIES. Participant agrees that funds
granted by the City under this Contract will be used exclusively for performance
of the Project Services required under this Contract, and that no funds made
available under this Contract shall be used to promote religious or political
activities. Further, Participant agrees that it will not perform, nor permit to be
performed, any religious or political activities in connection with the performance
of this Contract, as required under 24 CFR Section 570.200(j). Furthermore, the
Participant agrees that no funds provided, nor personnel employed under this
contract, shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V United States Code.
42. STAFF TRAVEL. Participant shall not incur any expenditure for travel outside
of San Bernardino County unless specifically provided for and itemized in
Exhibit A, without prior written approval of City.
43. USE OF FUNDS. All funds approved and allocated to Participant under this
Contract shall be used solely for costs approved in the Project Budget in Exhibit
A. Contract funds shall not be used as cash advancement between contracts, as
security to guarantee payments for any nonprogram obligations, or as loans for
nonprogram activities. Separate financial records shall be kept for each funding
source.
44. REPORTS AND RECORDS. Participant agrees to maintain, prepare and submit
financial, program progress, monitoring, evaluation and other reports as
required by City and Federal regulations, including but not limited to 24 CFR
570.506. Program progress reports shall be submitted on a quarterly basis, in
the form specified by the City Manager or their designee. Participant shall
maintain, and permit on -site inspections of such property, personnel, financial
and other records and accounts as are considered necessary by City to assure
proper accounting for all Contract CDBG funds during the term of this Contract
and for a period of five (5) years thereafter. Participant will ensure that its
employees and board members furnish such information which, in the judgment
of City representatives, may be relevant to a question of compliance with
contractual conditions with City or granting agency directives, or with the
effectiveness, legality and achievements of the program.
45. EXPENDITURES. Expenditures made by Participant in the operation of this
Contract shall be in strict compliance and conformity with the Project Budget set
forth in Exhibit A, unless prior written approval for an exception is obtained from
City Manager or their designee.
46. FEDERAL LOBBYIST REQUIREMENTS. The Participant is prohibited by the
Department of Interior and Related Agencies Appropriations Act, known as the
Byrd Amendments, and 2 CFR Part 200, from using federally appropriated funds
for the purpose of influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, loan or cooperative
agreement, and any extension, continuation, renewal, amendment or
modification of said documents.
The Participant must certify in writing that they are familiar with the Federal
Lobbyist Requirements and that all persons and/or subcontractors acting on
behalf of the Participant will comply with the Lobbyist Requirements.
Failure on the part of the Participant or persons/subcontractors acting on behalf
of the Participant to fully comply with the Federal Lobbyist Requirements shall
be subject to civil penalties.
47. LOBBYING CERTIFICATION. The following is applicable to projects utilizing
funds received from the 2025-2026 allocations.
The undersigned certify, to the best of their knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, or any employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, and contracts under grants, loans, and cooperative
agreements) and that all Participants shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into.
48. CERTIFICATION PROHIBITING USE OF EXCESSIVE FORCE. In accordance
with Section 519 of Public Law 101-144, the Participant certifies, to the best of
his or her knowledge and belief, that it has adopted and is enforcing:
(1) A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil rights
demonstrations; and
(2) A policy of enforcing applicable State and local laws against individuals
physically barring entrance to or exit from a facility or location which is the
subject of such non-violent civil rights demonstrations within its jurisdiction;
49. DRUG -FREE WORKPLACE. Participant agrees to provide a drug -free
workplace by:
(1) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the Participant's workplace and specifying the actions
that will be taken against employees for violation of such prohibition;
(2) Establishing an ongoing drug -free awareness program to inform
employees about -
a. The dangers of drug abuse in the workplace;
b. The Participant's policy of maintaining a drug -free workplace;
c. Any available drug counseling, rehabilitation, and employee
assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(3) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by paragraph
1 of this Section;
(4) Notifying the employee in the statement required by paragraph 1 of this
Section that, as a condition of employment under the grant, the employee will -
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five (5) calendar days after such conviction;
(5) Notifying the City in writing, within ten (10) calendar days after receiving
notice under subparagraph 4(b) from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide notice,
including position title, to every grant officer or other designee on whose grant
activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall include
the identification number(s) of each affected grant;
(6) Taking one of the following actions, within thirty (30) calendar days of
receiving notice under subparagraph 4(b), with respect to any employee who is
so convicted -
a. Taking appropriate personnel action against such an employee, up
to and including termination, consistent with the requirements of
the 'Rehabilitation Act of 1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(7) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs 1, 2, 3, 4, 5, and 6.
50 PROJECT LOCATION(S). The site(s) for the Performance of Work in connection
with the specific grant is/are;
11200 Base Line Road
Rancho Cucamonga, CA 91701
51 RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE
PLAN. The City acknowledges that Section 104(d) of the Housing and
Community Development Act of 1974, also known as the Barney Frank
Amendment, requires relocation assistance for displaced low-income families
and requires one -for -one replacement of low/moderate income dwelling units that
are demolished or converted to other use. When CDBG Program funds are used
in a project, including financing for rehabilitation, or project delivery costs,
Section 104(d) is triggered. CDBG Regulations further describe the
requirements under 24 CFR Section 570.606 Displacement, Relocation,
Acquisition, and Replacement of Housing.
Participant must adopt and make public a Residential Anti -displacement and
Relocation Assistance Plan as part of its administrative requirements to HUD.
Before Participant enters into a contract committing it to provide funds for any
activity that will directly result in the demolition, or conversion to another use,
of low/moderate-income dwelling units, it must make public and submit to HUD
the information as described in Section 24 CFR 570.606, et seq.
Participant agrees to comply with the (a) Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, and implementing
regulations at 49 CFR Part 24 and 24 CFR 570.606(b); the requirements of 24
CFR 570.606(c) governing the Residential Anti -displacement and Relocation
Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements
in 24 CFR 570.606(d) governing optional relocation policies. The Participant
shall provide relocation assistance to displaced persons as defined by 24 CFR
570.606(b)(2) that are displaced as a result of acquisition, rehabilitation,
demolition or conversion for a CDBG-assisted project. The Participant shall
comply with applicable City ordinances, resolutions and policies concerning the
displacement of persons from their residences.
52. THIS PARAGRAPH INTENTIONALLY OMITTED.
53. SECTION 3. In accordance with the Housing and Urban Development Act of
1968, the Participant and, where applicable, its contractor(s) and
subcontractor(s) shall comply with Section 3 regulations as described in 24 CFR
Part 75.
54. AMERICANS WITH DISABILITIES ACT. The Americans with Disabilities Act
(42 U.S.C. 12131; 47 U.S.C. 155.201, 218 and 225) (ADA) provides comprehensive
civil rights to individuals with disabilities in the areas of employment, public
accommodations, State and local government services, and telecommunications.
It further provides that discrimination includes a failure to design and construct
facilities for first occupancy after January 26, 1993 that is readily accessible to
and usable by individuals with disabilities. Further, the ADA requires the
removal of architectural barriers and communication barriers that are structural
in nature in existing facilities, where such removal is readily achievable- -that is,
easily accomplishable and able to be carried out without much difficulty or
expense. The Participant shall comply with the ADA.
55. CIVIL RIGHTS.
A. Civil Rights
Compliance
Participant agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b)
and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans
with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
Order 11063 and Executive Order 11246 as amended by Executive Orders 11375
and 12086.
2. Nondiscrimination
Participant will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital/familial status, or status with regard
to public assistance. Participant will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay or other forms of compensation, and selection for training, including
apprenticeship. Participant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
contracting agency setting forth the provisions of this nondiscrimination clause.
Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of
1964 (P.L. 88-352) and 24 CFR 570.601 and 602. In regard to the sale, lease, or
other transfer of land acquired, cleared or improved with assistance provided
under this contract, the Participant shall cause or require a covenant running
with the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination as herein defined, in the sale, lease or rental, or in the use or
occupancy of such land, or in any improvements erected or to be erected thereon,
providing that the City and the United States are beneficiaries of and entitled to
enforce such covenants. The Participant, in undertaking its obligation to carry
out the program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant, and will not itself so discriminate.
4. Section 504
The Participant agrees to comply with any Federal regulations issued pursuant
to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
which prohibits discrimination against the handicapped in any Federally
assisted program. The City shall provide the Participant with any guidelines
necessary for compliance with that portion of the regulations in force during the
term of this contract.
B. Affirmative Action
Approved Plan
Participant agrees that it shall be committed to carry out pursuant to the City's
specifications an Affirmative Action Program in keeping with the principles as
provided in President's Executive Order 11246 of September 24, 1965 and
subsequently amended. The City shall provide Affirmative Action guidelines to
the Participant to assist in the formulation of such program. The Participant
shall submit a plan for an Affirmative Action Program for approval prior to the
award of funds.
2. Women and Minority Owned Businesses (W/MBE)
Participant will use its best efforts to afford minority- and women -owned
business enterprises the maximum practicable opportunity to participate in the
performance of this contract. As used in this contract, the term "minority and
female business enterprise" means a business at least fifty-one (51) percent
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are Afro-Americans, Spanish-
speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans,
and American Indians. Participant may rely on written representations by
businesses regarding their status as minority and female business enterprises in
lieu of an independent investigation.
3. Access to Records
Participant shall furnish and cause each of its own subcontractors to furnish all
information and reports required hereunder and will permit access to its books,
records and accounts by the City, HUD or its agent, or other authorized Federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
Participant will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a
notice, to be provided by the agency contracting officer, advising the labor union
or worker's representative of the Participant's commitments hereunder, and
shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
Equal Employment Opportunity and Affirmative Action
Participant will, in all solicitations or advertisements for employees placed by or
on behalf of the Participant, state that it is an Equal Opportunity or Affirmative
Action employer.
6. Subcontract Provisions
Participant will include these provisions in every subcontract or purchase order,
specifically or by reference, so that such provisions will be binding upon each of
its own Participants or subcontractors.
C. Labor Standards
Participant agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act as amended, the provisions of Contract
Work Hours, the Safety Standards Act, the Copeland "Anti -Kickback" Act (40
U.S.C. 276, 327-333) and all other applicable federal, state and local laws and
regulations pertaining to labor standards insofar as those acts apply to the
performance of this Contract. Participant shall maintain documentation which
demonstrates compliance with hour and wages requirements of this part. Such
documentation shall be made available to City for review upon request.
Participant agrees that, except with respect to the rehabilitation of residential
property designed for residential use for less than eight (8) households, all
contractors engaged under contracts in excess of $2,000.00 for construction,
renovation or repair of any building or work financed in whole or in part with
assistance provided under this Contract, shall comply with federal requirements
adopted by City pertaining to such contract, and with the applicable
requirements of the regulations of the Department of Labor, under 29 CFR, Parts
3, 1, 5 and 7 governing the payment of wages and ratio of apprentices and
trainees to journeymen; provided, that if wage rates higher than those required
under the regulations are imposed by state or local law, nothing hereunder is
intended to relieve Participant of its obligation, if any, to require payment of the
higher wage. Participant shall cause or require to be inserted in full, in all such
contracts subject to such regulations, provisions meeting the requirements of this
paragraph, for such contracts in excess of $10,000.00.
56. ENVIRONMENTAL CONDITIONS
A. Air and Water
Participant agrees to comply with the following requirements insofar as they
apply to the performance of this contract:
-Clean Air Act, 42 U.S.C., 7401, et seq.
-Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and
information, as well as other requirements specified in said Section 1251 and
Section 1318, and all regulations and guidelines issued thereunder.
-Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part
50, as amended.
-National Environmental Policy Act of 1969.
-HUD Environmental Review Procedures (24 CFR, Part 58).
-California Environmental quality Act of 1974.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), Participant shall assure that for activities located in an area
identified by FEMA as having special flood hazards, flood insurance under the
National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including
rehabilitation).
C. Lead -Based Paint
Participant agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD
Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35. Such
regulations pertain to all HUD -assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be
properly notified that such properties may include lead -based paint. Such
notification shall point out the hazards of lead -based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with
lead -based paint poisoning and the advisability and availability of blood lead
level screening for children under seven. The notice should also point out that if
lead -based paint is found on the property, abatement measures may be
undertaken.
D. Historic Preservation
Participant agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C.
470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on
Historic Preservation Procedures for Protection of Historic Properties, insofar as
they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer
for all rehabilitation and demolition of historic properties that are fifty years old
or older or that are included on a Federal, state, or local historic property list.
57. CONFIDENTIALITY OF REPORTS. Participant shall keep confidential all
reports, information and data received, prepared or assembled pursuant to the
performance of the Contract. Such materials shall not be made available to any
person, firm, corporation or entity without the prior written consent of the City.
Such materials shall not, without prior written consent of the City, be used by
the Participant for any purposes other than the performance of the Project
Services.
58. SAFETY STANDARDS AND ACCIDENT PREVENTION. The Participant shall
comply with all applicable federal, state local laws, rules and regulations
governing safety, health and sanitation. The Participant shall exercise all
necessary precautions for the safety of employees appropriate to the nature of
the work and the conditions under which the work is to be performed. The
Participant shall provide all safeguard, safety devices and protective equipment
and take any other needed actions, as its own responsibility, reasonably
necessary to protect the life and health of employees on the job and the safety of
the public and to protect property in connection with the performance of this
Contract.
59. SEVERABILITY. In the event that any provision contained in this Contract is
held to be invalid, void, or illegal by any court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Contract and shall in no
way affect, impair or invalidate any other provision contained herein. If any such
provision shall be deemed invalid due to its scope of breadth, such provision shall
be deemed valid to the extent of the scope of breadth permitted by law.
60. INTERPRETATION. No provision of this Contract is to be interpreted for or
against either Party because that Party or that Party's legal representative
drafted such provision, but this Contract is to be construed as if it were drafted
by both Parties hereto.
61. WAIVER. No breach of any provision hereof can be waived unless in writing.
Waiver of any one breach of any provision shall not be deemed to be a waiver of
any breach of the same or any other provision hereof. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel or otherwise.
62. TERMINATION FOR IMPROPER CONSIDERATION. In addition to the
provisions of Section 22, the City may, by written notice to the Participant,
immediately terminate the right of the Participant to proceed under this
Contract if it is found that improper consideration, in any form, was offered or
given by the Participant, either directly or through an intermediary, to any City
officer, employee or agent with the intent of securing the Contract or securing
favorable treatment with respect to the award, amendment or extension of the
Contract or the making of any determinations with respect to the Participant's
performance pursuant to the Contract. In the event of such termination, the City
shall be entitled to pursue the same remedies against Participant as it could
pursue in the event of default by the Participant.
63. ENTIRE CONTRACT/INCORPORATION. This Contract constitutes the entire
understanding and agreement of the Parties. The Recitals, the Exhibits, and
other attachments constitute a material part of this Contract and are hereby
incorporated herein by reference as though fully set forth herein.
64. ATTORNEYS' FEES. In the event of the bringing of an arbitration, action or
suit by a Party hereto against another Party by reason of any breach of any of
the terms or any intentional inaccuracies in any of the representations and
warranties on the part of the other Party arising out of this Contract, the
prevailing Party in such action or dispute, whether by final judgment or
arbitration award, shall be entitled to have and recover all costs and expenses of
suit or claim, including attorneys' fees.
65. BENEFIT. The terms of this Contract shall be binding upon and inure to the
benefit of the Parties hereto and their successors and assigns.
66. COUNTERPARTS. This Contract may be executed in counterparts. When
executed, each counterpart shall be deemed an original, irrespective of date of
execution. Said counterparts shall together constitute one and the same
Contract.
67. This Agreement may be executed electronically. Any signature (including any
electronic symbol or process attached to, or associated with, a contract,
agreement or other record and adopted by a Person with the intent to sign,
authenticate or accept such contract, agreement or record) hereto or to any other
certificate, contract, agreement or document related to this transaction, and any
contract formation or record -keeping through electronic means shall have the
same legal validity and enforceability as a manually executed signature or use of
a paper -based recordkeeping system to the fullest extent permitted by applicable
law, and the parties hereby waive any objections to the contrary.
68. LAWS GOVERNING THIS CONTRACT. This Contract shall be governed by and
construed in accordance with the laws of the State of California, all applicable
federal statutes and regulations as amended, and all applicable local laws.
69. NO THIRD PARTY BENEFICIARIES. The performance of the City's and the
Participant's respective obligations under this Contract are not intended to
benefit any Party other than the City and Participant, except as expressly
provided otherwise herein.
70. USE OF RECYCLED -CONTENT PAPER PRODUCTS. To the extent
practicable, Participant is encouraged to reduce the amount of solid waste
deposited at the County landfills, the Participant agrees to use recycled -content
paper to the maximum extent possible on the Project.
IN WITNESS WHEREOF, the City Council of the City of Rancho Cucamonga
has caused this Contract to be subscribed by the City Manager or their designee and
subscribed by the Participant, the day, month and year first above written.
CITY OF RANCHO CUCAMONGA:
By:
Flavio Nunez
Management Analyst II
PARTICIPANT:
Community Services Department
7keo ?oye /1o, -aced
By:
Ted Morales
Community Services
Superintendent
Date: Jun 30, 2025 Date: Jun 30, 2025
RECIPIENT INFORMATION
FEDERAL AWARD INFORMATION
Agency Name:
Federal Awarding Agency Name:
City of Rancho Cucamonga
U.S. Department of Housing and Urban Development
Contact Information:
Assistance Listing Title:
Flavio Nunez,
Community Development Block Grants / Entitlement Grants
Management Analyst II
flavio.nunez@cityofrc.us
Assistance Listing Number:
(909) 774-4313
14.218
Federal Award Identification Number (FAIN):
B -25 -MC -06-0556
PARTICIPANT INFORMATION
SUBAWARD INFORMATION
Department Name:
Version: Fiscal Year:
Community Services Department
Original 2025-2026
Agency Type:
Start Date: End Date:
Public
7/1/2025 6/30/2026
Unique Entity Identifier (UEI):
Indirect Cost Rate:
EMSUMALW41M5
Declined indirect cost rate (0%)
Tax ID Number (TIN):
Funding Amount:
95-3213002
Amount Previously Approved $0
Contact Person:
Jennelle Markel,
Amount Approved by this Action $21,500.00
Human Services Supervisor
jennelle.markel@cityofrc.us
Total Amount Approved $21,500.00
909-774-3803
Authorized Official:
Ted Morales,
Community Services Superintendent
ted.morales@cityofrc.us
909-774-3807
23
ACTIVITY INFORMATION
PERFORMANCE MEASUREMENT PLAN
Activity Name:
Start Date: End Date:
Senior Health and Wellness and Arts
7/1/2025 6/30/2026
Scholarship
Activity Description:
Eligibility Citation:
The City of Rancho Cucamonga Community Services Department (CSD) is
05A Senior Services — 570.201(e)
requesting CDBG funding from the City to implement its Senior Health, Wellness
and Arts Scholarship program. Implemented by the City's CSD through
National Objective Citation:
Independent Contract Instructors, the Senior Health, Wellness and Arts
LMC Limited clientele activities (income
Scholarship Program, will provide residents 62 years of age and older with the
presumed) - 570.208(a)(2)(i)(A)
opportunity to participate in health, wellness and art classes at a discounted rate
of 50% of the registration fee. The City's CSD will use the awarded CDBG funds
Objective:
to pay for a portion of the direct cost of the registration fees for eligible senior
Creating suitable living environments
citizens. Staff will verify participant eligibility for the program by providing a
government issued I.D. (driver's license or passport) that will be copied and filed
Outcome:
with the individual's registration form. In addition, beneficiaries of the Senior
Availability / Accessibility
Health, Wellness and Arts Scholarship Program, will be able to receive services
at Central Park (11200 Base Line Rd) during operating hours of Monday -Friday
8:00 a.m. to 8:00 p.m. and Saturday 8:00 a.m. to 5:00 p.m. Successful
R&D:
implementation of this program will address the continued rise in inflation costs,
No
effecting individuals on a fixed income and will increase the overall health and
wellness of our residents.
Performance Goal: Performance Indicator:
150 People
Accomplishments % Target Date
37 25% 9/30
75 50% 12/31
112 75% 3/31
150 100% 6/30
Disbursement of grant funds shall be proportional to the Participant's progress in meeting the activity -specific
performance measures outlined in the Performance Measurement Plan. The City shall not disburse funds at a rate
that exceeds the Participant's demonstrated progress toward these performance targets. This requirement shall
no longer apply once the Participant has achieved as least eighty percent (80%) of the specified performance
measurements.
24
ACTIVITY BUDGET
Item Id
Category
Funding
Amount
Disbursed
Remaining
41
Participant Support
25-26 CDBG
$21,500.00
$0.00
$21,500.00
Totals
$21,500.00
$0.00
$21,500.00
No expenses maybe incurred under this Agreement until it has been fully executed. Final reimbursement requests
must be received by no later than 5:00 p.m. on July 10, 2026. Requests submitted after this deadline will not be
paid.
To ensure compliance with federal timeliness requirements, the Participant must submit sufficient documentation
to justify reimbursement of at least seventy-five percent (75%) of the total grant funds by April 10, 2026, for
expenses incurred through March 31, 2026 (the "Timeliness Test Date"). If the City is unable to reimburse at least
75% of the grant by this date, the City reserves the right to deobligate the shortfall. Any deobligated funds will be
removed from this Agreement and shall not be available for reimbursement.
25
ACTIVITY REQUIREMENTS
Low- and Moderate -Income Limited Clientele — Presumed Groups
Pursuant to 570.208(a)(2)(i)(A), the activity benefits a clientele who are generally presumed to be principally low -
and moderate -income persons. Activities that exclusively serve a group of persons in any one or a combination
of the following categories may be presumed to benefit persons, 51 percent of whom are low- and moderate -
income: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current
Population Reports definition of "severely disabled," homeless persons, illiterate adults, persons living with AIDS,
and migrant farm workers. Supporting documentation must be collected for each client served by an activity
under the presumed group designation. The documentation required to be maintained as part of the client file
for each respective presumed group includes:
Abused children: Statement of abuse from client
Battered spouses:
Elderly persons:
Disabled adults:
Homeless persons:
Illiterate adults:
Persons with AIDS:
Migrant workers:
Statement of abuse from client
Copy of government issued I.D. with date of birth
Statement of disability from client
Statement of homelessness from client
Determination of illiteracy by Participant
Statement from client
Statement from client
Payroll and Attendance Records
The Participant shall maintain payroll and time attendance records signed by the employee and approved by the
supervisor. Time and attendance records (timecards) must reflect total work time on a daily basis separated by
program and/or funding source, as applicable, with hours worked on this grant shown separately from all other
hours worked.
Submittal of Invoices
Invoices (requests for reimbursement of grant funds for costs incurred in accordance with this Agreement and
the CDBG regulations) may be submitted to the City on a monthly or quarterly basis within 10 calendar days of
the end of the month/quarter. Invoices must be accompanied by appropriate supporting documentation to
substantiate the reimbursement. For non -personnel costs, supporting documentation shall include, at a
minimum, a written description of the cost such as an invoice or receipt, proof of payment, evidence that an
appropriate procurement was conducted, and that an appropriate contract was executed (as applicable).
Submittal of Quarterly Performance Reports
The Participant shall submit Quarterly Performance Reports on a form acceptable to the City by the 10th day of
the month following each quarter. For the purpose of this Agreement, the first quarter shall be July 1 -September
30, the second quarter shall be October 1 -December 31, the third quarter shall be January 1 -March 31, and the
fourth quarter shall be April 1 -June 30. Failure to submit Quarterly Performance Reports by the 10th day of the
month following a quarter is considered a Delinquency. The first Delinquency will result in the issuance of a letter
from the City to the Participant indicating that the submittal is delinquent. A second Delinquency will result in a
written finding of non-compliance with this Agreement issued from the City to the Participant. A third
Delinquency will result in the issuance of a notification to the City's governing body indicating Participant's non -
26
compliance with the Agreement. Such notification to the City's governing body may also include a
recommendation to suspend or terminate the Agreement. Such a recommendation may also result in the
disallowance of funds previously paid to Participant and/or a loss of the remaining grant funds.
Retention of Financial Records
The Participant shall maintain during the term of this Agreement and for a period of four (4) years after the
expiration of the Agreement, complete and adequate financial records and accounts as considered necessary by
the City to assure proper accounting for all program funds and to support all program expenditures. These
records and accounts shall include, but not be limited to, the following: 1) A double -entry General Ledger that
supports the costs charged to the CDBG Program; 2) Records documenting procurement of goods and services;
3) Contracts for goods or services; 4) Lease or Rental Agreements; 5) Invoices; 6) Billing Statements; 7) Cancelled
Checks; 8) Timecards signed by employees and supervisors; 9) Personnel Authorization Records; 10) Payroll
Registers; 11) Payroll Tax Records; 12) Bank Statements; 13) Bank Reconciliations; and 14) Documentation to
support the allocation of costs.
Procurement (Supplies and Equipment)
Supplies and/or equipment purchased with grant funds shall be procured in accordance with the methods
prescribed by the Uniform Administrative Requirements found at 2 CFR Part 200. All contracts/purchases shall
be made from the supplier/vendor that provides the lowest price. Sole source procurement is not permitted
without prior written authorization from the City. A small/informal bid solicitation by phone or in writing may
be conducted to document compliance for purchases that do not exceed the lesser of 1) the Participant's small
purchase threshold, 2) the City's small purchase threshold, or 3) the Federal Simplified Acquisition threshold
(currently $250,000). The procurement file shall include a written summary of not less than three (3) price/rate
quotations received from vendors/suppliers. For purchases exceeding the small purchase threshold, a formal bid
solicitation shall be published in a media of general circulation and other places as appropriate to facilitate and
promote competition. Micro -purchase procedures may be used when the aggregate amount of the purchase
does not exceed $10,000. To the maximum extent practicable, the Participant should distribute micro -purchases
equitably among qualified suppliers. Micro -purchases may be awarded without soliciting competitive price or
rate quotations if the Participant considers the price to be reasonable based on research, experience, purchase
history or other information and documents it files accordingly.
Procurement (Professional Services)
Professional services such as consultants, accountants, or other independent contractors must be procured in
accordance with the methods prescribed by the Uniform Administrative Requirements found at 2 CFR Part 200.
Sole source procurement is not permitted without prior written authorization from the City. A small/informal
bid solicitation by phone or in writing may be conducted to document compliance for contracts that will not
exceed the lesser of 1) the Participant's small purchase threshold, 2) the City's small purchase threshold, or 3)
the Federal Simplified Acquisition threshold (currently $250,000). The procurement file shall include a written
summary of not less than three (3) price/rate quotations received from professional service providers. For
contracts that exceed the Simplified Acquisition Threshold, the competitive proposals method shall be used
whereby more than one source submits an offer, and either a fixed -price or cost -reimbursement type contract is
awarded. Requests for proposals will: 1) Be published in a media of general circulation and identify all evaluation
factors and their relative importance, 2) Proposals will be solicited from an adequate number of qualified sources
to promote competition to the greatest extent feasible, 3) The Participant must include a method for conducting
technical evaluations of the proposals received in the RFP and must disclose the method to be used to select
successful bidder; 4) The contract award must be made to the responsible firm whose proposal is most
advantageous to the program with price and other factors considered.
27
Equipment
Pursuant to 2 CFR 200, property records must be maintained that include a description of the property, a serial
number or other identification number, the source of property, who holds title, the acquisition date, and cost of
the property, percentage of Federal participation in the cost of the property, the location, use and condition of
the property, and any ultimate disposition data including the date of disposal and sale price of the property. A
physical inventory of the property must be taken and the results reconciled with the property records at least
once every two years. A control system must be developed to ensure adequate safeguards to prevent loss,
damage, or theft of the property. Any loss, damage, or theft shall be investigated. Adequate maintenance
procedures must be developed to keep the property in good condition. If the City or Participant is authorized or
required to sell the property, proper sales procedures must be established to ensure the highest possible return.
Pursuant to 2 CFR 200, when original or replacement equipment acquired under a grant is no longer needed for
the original project or program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
(1) Items of equipment with a current per -unit fair market value of less than $10,000 may be retained, sold or
otherwise disposed of with no further obligation to the awarding agency.
(2) Items of equipment with a current per unit fair market value in excess of $10,000 may be retained or sold and
the awarding agency shall have a right to an amount calculated by multiplying the current market value or
proceeds from sale by the awarding agency's share of the equipment.
(3) In cases where the City or Participant fails to take appropriate disposition actions, the awarding agency may
direct the City or Participant to take excess and disposition actions.
28
AGMT-02 Memorandum of Understanding
(MOU)-CSD-Senior Health and Wellness
Scholarships
Final Audit Report 2025-06-30
Created: 2025-06-29
By: Daniel Perez (dperez@mdg-ldm.com)
Status: Signed
Transaction ID: CBJCHBCAABAAZgoKl4N6YdIErkZyH951SnAHZpK-yB7r
"AGMT-02 Memorandum of Understanding (MOU)-CSD-Senior
Health and Wellness Scholarships" History
Document created by Daniel Perez (dperez@mdg-ldm.com)
2025-06-29 - 10:13:35 PM GMT- IP address: 172.116.250.233
Document emailed to theodore.morales@cityofrc.us for signature
2025-06-29 - 10:14:19 PM GMT
Email viewed by theodore.morales@cityofrc.us
2025-06-30 - 8:04:14 AM GMT- IP address: 104.28.123.97
0 Signer theodore.morales@cityofrc.us entered name at signing as Theodore Morales
2025-06-30 - 3:29:41 PM GMT- IP address: 199.201.174.250
6o Document e -signed by Theodore Morales (theodore.morales@cityofrc.us)
Signature Date: 2025-06-30 - 3:29:43 PM GMT - Time Source: server- IP address: 199.201.174.250
Document emailed to Flavio Nunez (flavio.nunez@cityofrc.us) for signature
2025-06-30 - 3:29:45 PM GMT
' Email viewed by Flavio Nunez (flavio.nunez@cityofrc.us)
2025-06-30 - 4:16:43 PM GMT- IP address: 104.47.64.254
0 Document e -signed by Flavio Nunez (flavio.nunez@cityofrc.us)
Signature Date: 2025-06-30 - 4:16:58 PM GMT - Time Source: server- IP address: 199.201.174.250
O Agreement completed.
2025-06-30 - 4:16:58 PM GMT
Q Adobe Acrobat Sign