HomeMy WebLinkAboutCO 2025-209 - Inland Valley Council of Churches DBA Inland Valley Hope Partners�; @fiat of Rancho CLt,.zcnvnga
CONTRACT NUMBER
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CITY OF RANCHO CUCAMONGA
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBRECIPIENT AGREEMENT
THIS SUBRECIPIENT AGREEMENT ("Agreement") is made and entered into
this 1st day of July 2025 by and between the City of Rancho Cucamonga, hereinafter
called the "City" and Inland Valley Council of Churches dba Inland Valley Hope
Partners hereinafter called the "Sub -Recipient." The City and Sub -Recipient are
sometimes hereinafter referred to individually as "Party" and collectively as the
"Parties."
RECITALS
WHEREAS, the City has entered into an agreement 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 USC 5301 et seg.), as amended
(hereinafter called the "Act"); and
WHEREAS, pursuant to 2 CFR 200, 24 CFR 570.500(c) and 24 CFR 570.501(b),
the City may provide CDBG Funds to public or private nonprofit agencies, authorities
or organizations, or for-profit entities authorized under 570.201(o) (referred to
collectively and individually as "sub -recipients") to be used by the sub -recipients to
provide certain eligible services in connection with the City's desire to develop viable
urban communities, through community development activities, as specified in 24 CFR
570.200 ("CDBG Program"); and
WHEREAS, Sub -Recipient desires to participate in the CDBG Program as a Sub -
Recipient by providing necessary services to enhance the quality of life for low- and
moderate -income citizens in the City; and
WHEREAS, the City has approved the provision of CDBG Program funds to be
used by the Sub -Recipient 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 Sub -Recipient represents and warrants to the City that the Sub -
Recipient 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 Sub -Recipient 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 therefrom, the parties agree as follows:
TERMS
1. AGREEMENT. This Agreement consists of this document and the attached
Exhibit A.
2. AGREEMENT 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 Agreement consistent with the provisions
contained herein.
SCOPE OF SERVICES. The Sub -Recipient is to perform all the Project Services
set forth in the Project Description in Exhibit A. The Sub -Recipient shall perform
all Project Services in accordance with this Agreement, 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 Sub -Recipient 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 Sub -Recipient an amount not to exceed the
amounts indicated in the Project Budget listed in Exhibit A ("Reimbursement
Amount"), which shall constitute total 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
Agreement. 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 Agreement, 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 Agreement, along with one
(1) set of verifiable written supporting documentation of the expenditures by the
Sub -Recipient 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 Sub -Recipient may not exceed the amounts designated
to be spent for the Project Services as outlined in the Project Budget in Exhibit
A without the prior written approval of the City, which shall be given or withheld
in the City's sole and absolute discretion.
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 Agreement. This Agreement 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 Sub -Recipient shall comply with applicable uniform administrative
requirements, as described in 24 CFR Part 570.502. The Sub -Recipient 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 Sub -Recipient does not assume the City's environmental
responsibilities described at 24 CFR Part 570.604; and
(ii) The Sub -Recipient 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 Agreement,
and for a period of four (4) years thereafter, the Sub -Recipient shall make
available for inspection by authorized City personnel, the Sub -Recipient's
performance, financial and all other records, including but not limited to
procurement, income documentation, and consultant Agreements, pertaining to
the performance of this Agreement, and shall allow authorized City personnel to
inspect and monitor the Sub -Recipient's facilities and program operations. Such
monitoring may include interviewing Sub -Recipient staff and CDBG Program
participants (beneficiaries), as required by the City.
Sub -Recipient 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") 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. Sub -Recipient 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 Sub -Recipient 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. Non -
expendable 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. Non -expendable property includes tangible personal
property, including, but not limited to, office equipment, as well as any funds
derived from the sale or disposition of non -expendable property. Any utilization
of funds derived from the sale or disposition of non -expendable property must
have prior written approval of the City and otherwise comply with all applicable
federal, state, and local laws and regulations. Should this Agreement be
terminated or expire, the City reserves the right to determine the final
disposition of non -expendable property acquired in connection with the Project
Services with CDBG funds, including funds derived therefrom. Said disposition
may include taking possession of the non -expendable property.
10. REVERSION OF ASSETS. Upon the expiration of this Agreement, the Sub -
Recipient 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 Sub -Recipient'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
Agreement, 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 Sub -Recipient shall reimburse the City an amount
of the current market value of the property less any portion
of the value attributable to expenditures of non-CDBG funds
for the 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
Agreement.
11. PURCHASE OR LEASE OF NON -EXPENDABLE PERSONAL PROPERTY.
Sub -Recipient shall obtain three (3) documented bids prior to purchasing or
leasing any non -expendable personal property costing over Ten Thousand
Dollars ($10,000.00) per unit as approved in the Project Budget. The Sub -
Recipient shall purchase or lease from the lowest responsive and responsible
bidder. All non -expendable property purchased or leased pursuant to the
Agreement shall be properly identified and inventoried and shall be charged at
its actual price, deducting all cash discounts, rebates, and allowances received
by Sub -Recipient. This inventory shall be provided or made available to the City
upon request.
12. ACCOUNTING. All CDBG Program Funds received by the Sub -Recipient from
the City pursuant to this Agreement shall be maintained separate and apart
from any other funds of the Sub -Recipient or of any principal or member of the
Sub -Recipient in an account in a federally insured banking or savings and loan
institution. The Sub -Recipient must establish and maintain on a current basis
an adequate accrual accounting system in accordance with generally accepted
accounting principles and standards. Additionally, Sub -Recipient 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. Sub -Recipient
shall maintain complete and accurate records with respect to all costs and
expenses incurred under this Agreement. All such records shall be clearly
identifiable. Sub -Recipient 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 Agreement.
13. AFFIRMATIVE ACTION. In addition to Section 55 below, the Sub -Recipient
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 Sub -Recipient shall
make every effort to employ lower -income residents of the City and keep a record
of the positions 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 Sub -Recipient. Such changes,
including any increase or decrease in the amount of the Sub -Recipient's
Reimbursement Amount, must be agreed upon by and between the City and the
Sub -Recipient in writing by amending Exhibit A, and shall be incorporated into
this Agreement.
15. CHANGES IN GRANT ALLOCATION. The City reserves the right to reduce the
allocation of CDBG Program funds to the Sub -Recipient when the City's fiscal
monitoring indicates that the Sub -Recipient'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 Sub -Recipient. Such changes shall be
incorporated into this Agreement 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 Sub -Recipient at the City's request.
Discussions between the City and the Sub -Recipient will be held often enough so
that the Sub -Recipient will be adequately apprised of citizen recommendations
during the course of the program. Sub -Recipient representatives shall be
available to respond to questions and receive recommendations at local meetings
when requested by the City Manager, or their Designee.
17. REVENUE DISCLOSURE REQUIREMENT. Upon the City's request, Sub -
Recipient shall file with the City a written statement listing all revenue received,
or expected to be received, by Sub -Recipient 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 Sub -Recipient 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
Agreement. 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. Sub -Recipient shall
make available for inspection and audit to City's representatives, upon request,
at any time during the duration of this Agreement, 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 Agreement,
whether or not such monies are received through the City. Sub -Recipient shall
maintain all such books and records 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,
Sub -Recipient may be required to provide proof of such funding. The City shall
not reimburse the Sub -Recipient for any costs incurred by Sub -Recipient, which
are paid with other funds.
19. ASSURANCES. The Sub -Recipient 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 Sub -Recipient 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. In addition,
Sub -Recipient acknowledges obligation to comply with stipulations outlined in 2
CFR 2424 and 2 CFR 180, Subpart C, pertaining to exclusion, disqualification,
and the Excluded Parties List System (EPLS) of SAM.gov. Sub -Recipient further
represents and warrants that it will comply with any further amendments or
changes to said required assurances and certifications that will maintain current
copies of said assurances and certifications during the term of this Agreement 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 Sub -Recipient shall be sent to the following:
Inland Valley Council of Churches
dba Inland Valley Hope Partners
Attn: Kameron Grosvenor, President/CEO
1753 N Park Ave
Pomona, CA 91768
kamig@inlandvalleyhopepartners.org
Notices, reports, and statements to the City shall be delivered or sent to the
Management Analyst, or their Designee at:
City of Rancho Cucamonga
Attn: Flavio Nunez, Management Analyst II
Planning Department
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 US 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
service method. Each party shall promptly notify the other of any change in its
mailing address.
21. ASSIGNMENT. The Sub -Recipient shall not assign or transfer any interest in
this Agreement, 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 Agreement without the prior written consent of the
City shall be null and void and shall constitute a material breach of this
Agreement.
22. TERMINATION/SUSPENSION. This Agreement may be terminated for
convenience in accordance with 2 CFR § 200.340 and 2 CFR Part 200, Appendix
II 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
provide said notice subject to ratification by the City Council of the City of
Rancho Cucamonga.
The City may immediately suspend or terminate this Agreement if Sub -Recipient
materially fails to comply with any term of this Agreement, or the award which
is the subject of this Agreement whether stated in a federal statute or regulation,
an assurance, in a State Plan or obligation, a Notice of Award, or elsewhere.
Further, City may immediately terminate this Agreement upon the termination,
suspension, discontinuation, or substantial reduction in CDBG funding for the
Agreement activity or if for any reason the timely completion of the work under
this Agreement is rendered improbable, infeasible or impossible. In such event,
Sub -Recipient shall be compensated for all services rendered and all necessarily
incurred costs performed in good faith, in accordance with the terms of this
Agreement, 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 Agreement 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 Agreement, as a whole or as to a cost category; 2) limit the right of the Sub -
Recipient's authority to commit and spend funds; or 3) restrict the Sub -
Recipient'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
Agreement, the City Manager, or their Designee, may act for the City in
implementing and effecting such a reduction and in revising the Agreement for
such purpose. Where the City Manager has reasonable grounds to question that
the Sub -Recipient has materially complied with the terms of this Agreement,
City Manager, or their Designee, may act for the City in suspending the operation
of this Agreement for up to sixty (60) days, upon three (3) days notice to Sub -
Recipient 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 Sub -Recipient 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 Sub -Recipient is
in compliance with the terms of this Agreement.
24. USE OF FUNDS FOR ENTERTAINMENT, MEALS, OR GIFTS. Sub -Recipient
represents and warrants that it will not use funds provided through this
Agreement to pay for entertainment, meals, or gifts.
25. INDEMNIFICATION. Sub -Recipient 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 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 Sub -Recipient, its
officials, officers, employees, agents, consultants and contractors arising out of
the performance of the Project Services, for this Agreement, including without
limitation the payment of all consequential damages and attorneys fees and
other related costs and expenses. Sub -Recipient shall defend, at Sub -Recipient'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 proceedings. Sub -Recipient 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. Sub -Recipient'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 Sub -Recipient, 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.
Sub -Recipient covenants that in the performance of this Agreement, no person
having such a financial interest shall be employed or retained by the Sub -
Recipient hereunder.
The Sub -Recipient 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
Agreement.
27. DISCRIMINATION.
(i) Sub -Recipient 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
Sub -Recipient's obligations under Sections 13 and 55, the Sub -
Recipient shall also comply with all relevant provisions of the
City's minority business enterprise program, affirmative action
plan, or other related programs or guidelines currently in effect or
hereinafter enacted.
(ii) The Sub -Recipient 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 Agreement 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 Agreement.
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 Agreement when such modifications:
(i) Are specifically requested by Sub -Recipient;
(ii) Will not change the project goals or Project Services (Exhibit A);
(iii) Are in the best interests of the City and Sub -Recipient in
performing the Project Services under this Agreement; and
(iv) Do not alter the amount of compensation under this Agreement.
30. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES. Sub -Recipient
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
Agreement 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. Sub -Recipient shall bear the sole responsibility and
liability for: 1) all wages, salaries, and other amounts due to such personnel in
connection with their performance of this Agreement; 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 Sub -Recipient pursuant to this Agreement.
32. AMENDMENTS/VARIATIONS. This Agreement, 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 Agreement shall not be valid unless made in
the form of a written amendment of this Agreement formally approved and
executed by both Parties.
33. ACQUISITION OF SUPPLIES AND EQUIPMENT. The Sub -Recipient 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 Sub -Recipient related acquisition; and (d) no conflict
of interest for private gain accrues to the Sub -Recipient or its employees, agents
or officers.
34. MONITORING AND EVALUATION. The City will monitor, evaluate and
provide guidance to the Sub -Recipient in the performance of this Agreement.
Authorized representatives of the City and HUD shall have the right of access to
all activities and facilities operated by the Sub -Recipient under this Agreement.
Facilities include all files, records, and other documents related to the
performance of this Agreement. Activities include attendance at staff, board of
directors, advisory committee and advisory board meetings, and observation of
ongoing program functions. The Sub -Recipient 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 the planned program has been implemented based on the measurable
goals achieved, the effectiveness of program management, and the impact.
35. AUDIT. The Sub -Recipient's program will be audited in accordance with the
City's policy and funding source guidelines. The Sub -Recipient 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. A Sub -Recipient that
10
expends more than $1,000,000 during its fiscal year in Federal awards must have
a single or program -specific audit conducted for that year in accordance with the
provisions of this part. The City or its authorized representatives shall, at all
times during the term of this Agreement 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 Sub -Recipient.
The Sub -Recipient's staff will cooperate fully with authorized auditors when they
conduct audits and examinations of the Sub -Recipient's program. A financial
audit of the Sub -Recipient's performance under this Agreement shall be
conducted at City's discretion. If indications of misappropriation or
misapplication of the funds of this Agreement cause the City to require a special
audit, the cost of the audit will be encumbered and deducted from this
Agreement's Project Budget. Should the special audit confirm misappropriation
or misapplication of funds, the Sub -Recipient shall reimburse the City within
thirty (30) days. In the event the City uses the judicial system to recover the
funds, the Sub -Recipient shall reimburse the City its legal fees and court costs
in addition to awards.
36. INSURANCE AND BONDING. Without limiting Sub -Recipient's
indemnification of City, and prior to commencement of work, the Sub -Recipient
shall obtain, provide, and maintain at its own expense during the term of this
Agreement, and any extension thereof, policies of insurance of the type and
amounts described below and in a form satisfactory to the City, including all
necessary endorsements and additional insured certificated required to
effectuate the purpose of the insurance. Coverage shall be at least as broad as:
(i) General Liability Insurance, with liability limits of no less than
$2,000,000 per occurrence for bodily injury, personal injury and
property damage.
(ii) Automobile Liability Insurance, when applicable, with liability
limits of no less than $2,000,000 per accident for bodily injury
and property damage.
(iii) Worker's Compensation Insurance, when applicable, as required
by the State of California, with liability limits of not less than
$1,000,000 per accident and in the aggregate for bodily injury
and property damage.
(iv) Each insurance policy shall be issued by a financially responsible
company or companies authorized to do business in the State of
California and which is rated A:VII or better according to the most
recent A.M. Best Co. Rating Guide. Subrecipient shall provide the
City with copies of endorsements and certificates (on certificate or
an Accord form) for all policies.
37. FAILURE TO PROCURE INSURANCE. Failure on the part of Sub -Recipient to
procure or maintain required insurance shall constitute a material breach of
Agreement under which City may immediately suspend or terminate this
Agreement or, at its discretion, procure or renew such insurance and pay any
and all premiums in connection therewith. The Sub -Recipient shall repay all
monies so paid by the City to the City upon demand, or the City may offset the
cost of the premiums against any monies due to the Sub -Recipient from City.
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. Sub -Recipient shall be entitled
to utilize, during the Agreement 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 Sub -Recipient. Sub -
Recipient shall only use the program income generated under the following
conditions: (1) all of the terms and conditions of this Agreement shall continue
in full force and effect for all Program Income generated; (2) the request for grant
funds by the Sub -Recipient under this Agreement shall be adjusted according to
24 CFR Section 570.504 (b)(2)(i) and (ii); (3) all Program Income shall be used
by the Sub -Recipient 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 Sub -Recipient when this Agreement terminates, or received after the
Agreement's termination, shall be returned to the City; and (5) all Program
Income received and expended shall be recorded in the Sub -Recipient's
accounting records and included in each audit.
39. FINANCIAL CLOSEOUT PERIOD. The Sub -Recipient 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 Agreement. 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 Agreement after the expiration of the
Financial Closeout period. After the expiration of the Financial Closeout period,
those funds not paid to the Sub -Recipient under this Agreement, 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 Agreement at the expiration of the Financial Closeout
period.
40. NEPOTISM. Sub -Recipient shall not hire or permit any person to fill a position
funded through this Agreement if a member of that person's immediate family is
employed in an administrative capacity by Sub -Recipient. 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 Sub -
Recipient.
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41. RELIGIOUS AND POLITICAL ACTIVITIES. Sub -Recipient agrees that funds
granted by the City under this Agreement will be used exclusively for the
performance of the Project Services required under this Agreement and that no
funds made available under this Agreement shall be used to promote religious or
political activities. Further, Sub -Recipient agrees that it will not perform, nor
permit to be performed, any religious or political activities in connection with the
performance of this Agreement, as required under 24 CFR Section 570.200(j).
Furthermore, the Sub -Recipient agrees that no funds provided, nor personnel
employed under this Agreement, 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. Sub -Recipient shall not incur any expenditures for travel
outside of San Bernardino County unless specifically provided for and itemized
in Exhibit A, without the prior written approval of City.
43. USE OF FUNDS. All funds approved and allocated to Sub -Recipient under this
Agreement shall be used solely for costs approved in the Project Budget in
Exhibit A. Agreement funds shall not be used as cash advancement between
Agreements, as security to guarantee payments for any non -program obligations,
or as loans for non -program activities. Separate financial records shall be kept
for each funding source.
44. REPORTS AND RECORDS. Sub -Recipient 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. Sub -Recipient 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 Agreement CDBG funds during the term of this
Agreement and for a period of four (4) years thereafter. Sub -Recipient 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 Sub -Recipient in the operation of this
Agreement 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 Sub -Recipient 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 Agreement, the making of any Federal grant, loan or
13
cooperative agreement, and any extension, continuation, renewal, amendment or
modification of said documents.
The Sub -Recipient must certify in writing that they are familiar with the Federal
Lobbyist Requirements and that all persons and/or sub -contractors acting on
behalf of the Sub -Recipient will comply with the Lobbyist Requirements.
Failure on the part of the Sub -Recipient or persons/subcontractors acting on
behalf of the Sub -Recipient 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 Agreement, 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 Agreement, grant, loan, or cooperative agreement.
(2) If any funds other than Federally appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, or any employee of a Member of
Congress in connection with this Federal Agreement, 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 Agreements under grants, loans, and cooperative
agreements) and that all sub -recipients 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 THE USE OF EXCESSIVE FORCE. In
accordance with Section 519 of Public Law 101-144, the Sub -Recipient 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
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(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. Sub -Recipient 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 Sub -Recipient'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 Sub -Recipient'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
15
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;
904 E California St
Ontario, CA 91761
51 RESIDENTIAL ANTI -DISPLACEMENT 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.
Sub -Recipient must adopt and make public a Residential Anti -displacement and
Relocation Assistance Plan as part of its administrative requirements to HUD.
Before Sub -Recipient enters into an Agreement 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 sea.
Sub -Recipient 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 Sub -Recipient
shall provide relocation assistance to displaced persons as defined by 24 CFR
570.606(b)(2) that are displaced as a result of the acquisition, rehabilitation,
demolition, or conversion for a CDBG-assisted project. The Sub -Recipient shall
comply with applicable City ordinances, resolutions, and policies concerning the
displacement of persons from their residences.
52. PROPERTY MAINTENANCE STANDARDS. Sub -Recipient represents and
warrants that sufficient property maintenance shall be provided to the facility
where Project Services are being provided. Property maintenance includes, but
is not limited to, removal of trash and debris, graffiti abatement, landscaping,
and maintenance of appropriate physical appearance.
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53. SECTION 3. In accordance with the Housing and Urban Development Act of
1968, the Sub -Recipient and, where applicable, its Contractor(s) and sub-
contractor(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 USC 12131; 47 USC 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 are 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 Sub -Recipient shall comply with the ADA.
55. CIVIL RIGHTS.
A. Civil Rights
Compliance
Sub -Recipient 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. Non-discrimination
Sub -Recipient 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, maritallfamilial status, or status with regard
to public assistance. Sub -Recipient 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. Sub -Recipient 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 non-discrimination clause.
Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (PL 88-352) and 24 CFR 570.601 and 602. In regard to the sale, lease, or
17
other transfer of land acquired, cleared, or improved with assistance provided
under this Agreement, the Sub -Recipient 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 Sub -Recipient, 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 Sub -Recipient agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29
USC 794), which prohibits discrimination against the handicapped in any
Federally assisted program. The City shall provide the Sub -Recipient with any
guidelines necessary for compliance with that portion of the regulations in force
during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
Sub -Recipient 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 Sub -Recipient to assist in the formulation of such program. The
Sub -Recipient 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)
Sub -Recipient will use its best efforts to afford minority- and women -owned
business enterprises the maximum practicable opportunity to participate in the
performance of this Agreement. As used in this Agreement, 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. Sub -Recipient 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
Sub -Recipient shall furnish and cause each of its own sub -recipients or
subcontractors to furnish all information and reports required hereunder and
18
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
Sub -Recipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other Agreement or
understanding, a notice, to be provided by the agency Contracting officer,
advising the labor union or worker's representative of the Sub -Recipient'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
Sub -Recipient will, in all solicitations or advertisements for employees placed by
or on behalf of the Sub -Recipient, State that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions
Sub -Recipient 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 sub -recipients or subcontractors.
C. Labor Standards
Sub -Recipient agrees to comply with the requirements of the Secretary of Labor
in accordance with the Davis -Bacon Act as amended, the provisions of Agreement
Work Hours, the Safety Standards Act, the Copeland "Anti -Kickback" Act (40
USC 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 Agreement. Sub -Recipient shall maintain documentation
that demonstrates compliance with hour and wages requirements of this part.
Such documentation shall be made available to City for review upon request.
Sub -Recipient 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 Agreements 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 Agreement, shall comply with federal
requirements adopted by City pertaining to such Agreement, 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 Sub -Recipient of its obligation, if any, to require
payment of the higher wage. Sub -Recipient shall cause or require to be inserted
19
in full, in all such Agreements subject to such regulations, provisions meeting
the requirements of this paragraph, for such Agreements in excess of $10,000.00.
56. ENVIRONMENTAL CONDITIONS
A. Air and Water
Sub -Recipient agrees to comply with the following requirements insofar as they
apply to the performance of this Agreement:
-Clean Air Act, 42 USC, 7401, et seq.
-Federal Water Pollution Control Act, as amended, 33 USC 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 CFR, 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 USC 4001), Sub -Recipient 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
Sub -Recipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement 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 before 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
Sub -Recipient agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 USC 470)
20
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 Agreement.
In general, this requires concurrence from the State Historic Preservation Officer
for all rehabilitation and demolition of historic properties that are fifty years old
or older or that are included on a Federal, state, or local historic property list.
57. CONFIDENTIALITY OF REPORTS. Sub -Recipient shall keep confidential all
reports, information and data received, prepared or assembled pursuant to the
performance of the Agreement. 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 Sub -Recipient for any purposes other than the performance of the Project
Services.
58. SAFETY STANDARDS AND ACCIDENT PREVENTION. The Sub -Recipient
shall comply with all applicable federal, state local laws, rules and regulations
governing safety, health and sanitation. The Sub -Recipient 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 Sub -
Recipient shall provide all safe guard, 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
Agreement.
59. SEVERABILITY. In the event that any provision contained in this Agreement
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 Agreement 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 Agreement is to be interpreted for or
against either Party because that Party or that Party's legal representative
drafted such provision, but this Agreement 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 Sub -Recipient,
immediately terminate the right of the Sub -Recipient to proceed under this
21
Agreement if it is found that improper consideration, in any form, was offered or
given by the Sub -Recipient, either directly or through an intermediary, to any
City officer, employee or agent with the intent of securing the Agreement or
securing favorable treatment with respect to the award, amendment or extension
of the Agreement or the making of any determinations with respect to the Sub -
Recipient's performance pursuant to the Agreement. In the event of such
termination, the City shall be entitled to pursue the same remedies against Sub -
Recipient as it could pursue in the event of default by the Sub -Recipient.
63. ENTIRE AGREEMENT/INCORPORATION. This Agreement constitutes the
entire understanding and Agreement of the Parties. The Recitals, the Exhibits,
and other attachments constitute a material part of this Agreement 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 Agreement, 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 Agreement shall be binding upon and inure to the
benefit of the Parties hereto and their successors and assigns.
66. COUNTERPARTS. This Agreement 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
Agreement.
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 AGREEMENT. This Agreement 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
Sub -Recipient's respective obligations under this Agreement are not intended to
benefit any Party other than the City and Sub -Recipient, except as expressly
provided otherwise herein.
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70. USE OF RECYCLED -CONTENT PAPER PRODUCTS. To the extent
practicable, Sub -Recipient is encouraged to reduce the amount of solid waste
deposited at the County landfills, the Sub -Recipient agrees to use recycled -
content paper to the maximum extent possible on the Project.
23
IN WITNESS WHEREOF, the City Council of the City of Rancho Cucamonga
has caused this Agreement to be subscribed by the City Manager or their Designee, and
the Sub -Recipient has subscribed the same through its authorized officers, the day,
month and year first above written.
CITY OF RANCHO CUCAMONGA:
F_/✓ d
By:
Flavio Nunez
Management Analyst II
Date: Jun 26, 2025
SUB -RECIPIENT:
Inland Valley
Council of Churches dba
Inland Valley Hope Partners
ICan1erch Gj-osvehov
Kameron Grosvenor
President/CEO
Date: Jun 26, 2025
24
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
SUBRECIPIENT INFORMATION
SUBAWARD INFORMATION
Agency Name:
Version: Fiscal Year:
Inland Valley Council of Churches dba
Original 2025-2026
Inland Valley Hope Partners
Start Date: End Date:
Agency Type:
7/1/2025 6/30/2026
Faith -based non-profit
Indirect Cost Rate:
Unique Entity Identifier (UEI):
Federally accepted de-minimis rate (15%)
LMGIJGGDHJW7
Tax ID Number (TIN):
Funding Amount:
95-2674837
Amount Previously Approved $0
Contact Person:
Amount Approved by this Action $15,000.00
Kameron Grosvenor,
President/CEO
Total Amount Approved $15,000.00
kamig@inlandvalleyhopepartners.org
9096223806
Authorized Official:
Kameron Grosvenor,
President/CEO
kamig@inlandvalleyhopepartners.org
9096223806
25
ACTIVITY INFORMATION
PERFORMANCE MEASUREMENT PLAN
Start Date: End Date:
Activity Name:
Food Security/Family Stabilization
Eligibility Citation:
05Z Other Public Services Not Listed in
05A -05Y, 03T — 570.201(e)
National Objective Citation:
LMC Limited clientele activities (income
documentation) - 570.208(a)(2)(i)(B)
Objective:
Creating suitable living environments
Outcome:
Availability / Accessibility
R&D:
No
7/1/2025
6/30/2026
Activity Description:
Inland Valley Hope Partners (IVHP) is requesting CDBG funding from the City of
Rancho to implement its Food Security Family Stabilization program.
Implemented by a Food Security Program Manager, Case Manager and An
Assistant/Driver with 90+ volunteers to help stock/distribute food and interview
clients, the program will provide no- to low- income residents of Rancho
Cucamonga with assistance to maintain health, stretch food dollars, and avoid
homelessness by providing emergency food, supportive services, advocacy and
housing assistance. Individuals and families may get a 5 -day supply of staple
food every 30 days, plus fresh meat/produce as available. Clients also access
brief case management, providing assessment, referrals & services to clients
with other critical needs. Families unable to pay rent may access one-time rental
assistance (as available). Once in housing Case Manager provides ongoing
services to ensure stability after the subsidy expires. Client info and visits are
recorded in Apricot CTK. In addition beneficiaries of Food Security/Family
Stabilization will be able to receive services at Soya Program Center, 904 E
California, Ontario during Mon —Thurs. 9 am —3 pm.
Performance Goal: Performance Indicator:
100 People
Accomplishments
%
Target Date
25
25%
9/30
50
50%
12/31
75
75%
3/31
100
100%
6/30
Disbursement of grant funds shall be proportional to the Subrecipient'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 Subrecipient's demonstrated progress toward these performance targets. This requirement shall
no longer apply once the Subrecipient has achieved as least eighty percent (80%) of the specified performance
measurements.
26
ACTIVITY BUDGET
Item Id
Category
Funding
Amount
Disbursed
Remaining
36
Personnel
25-26 CDBG
$9,000.00
$0.00
$9,000.00
37
Participant Support
25-26 CDBG
$6,000.00
$0.00
$6,000.00
Totals
$15,000.00
$0.00
$15,000.00
No expenses may be 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 Subrecipient 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.
27
ACTIVITY REQUIREMENTS
Low- and Moderate -Income Limited Clientele — Family Size and Income
Pursuant to 570.208(a)(2)(i)(B), the activity serves clientele, at least 51 percent of whom are persons whose
family income does not exceed 80 percent of area median income adjusted for household size based on the
current income limits published by the U.S. Department of Housing and Urban Development. The Subrecipient
must collect source documentation for each client household to substantiate family composition, size, and the
income of all adult family members. Such documentation should include, but may not be limited to copies of
three (3) recent consecutive paycheck stubs, Federal Income Tax Returns filed within the last year, copies of
letters from the Social Security Administration or a public benefit or welfare provider showing gross amounts
received by the household, bank statements showing direct deposits, pension checks or statements, court
decrees establishing child support or spousal support payments, or any other form of third party source
documentation of income.
Payroll and Attendance Records
The Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient.
A third Delinquency will result in the issuance of a notification to the City's governing body indicating
Subrecipient's non-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 Subrecipient and/or a loss of the remaining grant funds.
28
Retention of Financial Records
The Subrecipient 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 Subrecipient'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 Subrecipient should distribute micro -
purchases equitably among qualified suppliers. Micro -purchases may be awarded without soliciting competitive
price or rate quotations if the Subrecipient 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 Subrecipient'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 Subrecipient must include a method for
conducting technical evaluations of the proposals received in the REP 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.
29
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 Subrecipient 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 Subrecipient fails to take appropriate disposition actions, the awarding agency may
direct the City or Subrecipient to take excess and disposition actions.
30
AGMT-01 Subrecipient Agreement - IVHP -
Food Security Family Stabilization
Final Audit Report
Created: 2025-06-26
By: Daniel Perez (dperez@mdg-ldm.com)
Status: Signed
Transaction ID: CBJCHBCAABAA0pNqugKJ6H78TMmThetE0-MxPfwq_Zgg
2025-06-26
"AGMT-01 Subrecipient Agreement - IVHP - Food Security Fami
ly Stabilization" History
Document created by Daniel Perez (dperez@mdg-ldm.com)
2025-06-26 - 4:37:49 AM GMT- IP address: 172.116.250.233
Document emailed to Kameron Grosvenor (kamig@inlandvalleyhopepartners.org) for signature
2025-06-26 - 4:38:38 AM GMT
; Email viewed by Kameron Grosvenor (kamig@inlandvalleyhopepartners.org)
2025-06-26 - 8:52:59 PM GMT- IP address: 104.47.73.254
6Q Document e -signed by Kameron Grosvenor (kamig@inlandvalleyhopepartners.org)
Signature Date: 2025-06-26 - 8:56:19 PM GMT - Time Source: server- IP address: 173.197.126.214
i Document emailed to Flavio Nunez (flavio.nunez@cityofrc.us) for signature
2025-06-26 - 8:56:20 PM GMT
Ti Email viewed by Flavio Nunez (flavio.nunez@cityofrc.us)
2025-06-26 - 10:44:07 PM GMT- IP address: 104.47.64.254
£ Document e -signed by Flavio Nunez (flavio.nunez@cityofrc.us)
Signature Date: 2025-06-26 - 10:44:23 PM GMT - Time Source: server- IP address: 199.201.174.250
O Agreement completed.
2025-06-26 - 10:44:23 PM GMT
Q Adobe Acrobat Sign