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2012/04/18 - Agenda Packet
city of ~ ANCHU~CAMUNGA 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730.3801 City Office: (909) 477.2700 AGENDAS FIRE PROTECTION DISTRICT BOARD PUBLIC FINANCING AUTHORITY CITY COUNCIL REGULAR MEETINGS 1gt and 3ro Wednesdays ~ 7:00 P.M. APRIL 18, 2012 ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room ................. 5:00 P.M. Call to Order Public Communications Conduct of Closed Session City Manager Announcements REGULAR MEETINGS Council Chambers ........................... 7:00 P.M. SPECIAL CLOSED SESSION Tapia Conference Room Call to Order Public Communications Conduct of Closed Session City Manager Announcements MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS L. Dennis Michael Sam Spagnolo William Alexander Chuck Buquet Diane Williams CITY MANAGER CITY ATTORNEY CITY CLERK John R. Gillison James L. Markman Janice C. Reynolds l ~ ~- ~ INFORMATION FOR THE PUBLIC TO ADDRESS THE FIRE BOARD. AUTHORITY BOARD AND CITY COUNCIL The Fire Board, Authority Board and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board, Authority Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. Any handouts for the Fire Board, Authority Board or City Council should be given to the During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any remaining "Public Communications" which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing° item or on an "Administrative Hearing Item(s)," your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS -Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Library(-ies) and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST -Fire Board, Authority Board and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on- demand"from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.cityofrc.us/cityhall/council/videos.asp for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The Fire Board, Authority Board and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire District Board and the Public Financing Authority Board. Copies of the agendas and minutes can be found ~ www.cit~rofrc.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Not cation of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA APRIL 18, 2012 A. 5:00 P.M. -CLOSED SESSION CALL TO ORDER -TAPIA CONFERENCE ROOM A1. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Buquet and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL. B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S C. CONDUCT OF CLOSED SESSION -TAPIA CONFERENCE ROOM C1. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(8) -ONE POTENTIAL CASE -CITY D. CITY MANAGER ANNOUNCEMENTS E. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. FIRE PROTECTION DISTRICT, ' '' ~ PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA ~~~;~,~ ,~~,~,,~,~,~~~;, APRIL 18, 2012 2 F. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AUTHORITY BOARD AND COUNCIL. F1. Pledge of Allegiance F2. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Buquet and Williams G. ANNOUNCEMENTS/PRESENTATIONS G1. Proclamation for Administrative Professional's Week G2. Proclamation for Child Abuse Prevention Month G3. Proclamation for the 3rd Annual Mormon Helping Hands Day H. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA ~~~~ ~ < < `:~.~,~ ~,,, APRIL 18, 2012 3 CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Authority Board/Council at one time without discussion. Any item maybe removed by a Fire Board/Authority Board/Council Member for discussion. I. CONSENT CALENDAR -FIRE PROTECTION DISTRICT 11. Approval of Minutes: April 4, 2012 (Regular Meeting) 12. Approval of Check Register dated March 28, 2012 through April 10, 2012 for the total of 1 $50,993.23. 13. Approval to receive and file the current Investment Schedule as of March 31, 2012. 5 14. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 12-2 and ordering the annexation of such property located on 26th Street, east of Center Avenue in Community Facilities District No. 85-1 10 (Eloy Vasquez, Owner - APN: 0209-121-28). RESOLUTION NO. FD 12-020 11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILTIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION N0.12-2 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 15. Accept the Hellman Fire Station (177) Construction Project, Contract No. FD10-006 as 15 complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $2,869,364.41. RESOLUTION NO. FD 12-022 18 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HELLMAN FIRE STATION (177) CONSTRUCTION PROJECT CONTRACT NO. FD10- 006 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK .J. CONSENT CALENDAR -PUBLIC FINANCING AUTHORITY J1. Approval of Minutes: April 4, 2012 (Regular Meeting) FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA APRIL 18, 2012 4 K. CONSENT CALENDAR -CITY COUNCIL K1. Approval of Minutes: April 4, 2012 (Regular Meeting) K2. Approval of Check Register dated March 28, 2012 through April 10, 2012 and payroll 19 ending April 10, 2012 for the total of $2,380,180.60. K3. Approval to receive and file the current Investment Schedule as of March 31, 2012. 53 K4. Approval of a request from South Coast Air Quality Management District (AQMD) fora 65 waiver of fees for use of the Epicenter special event area on Friday, June 15, 2012 and Saturday, June 16, 2012, to conduct their Electric Lawn Mower exchange event. K5. Approval to award a contract (CO#12-023) for purchase of replacement banquet tables and 67 chairs, to Mity-Cite, Inc. for the remainder of the 2011/2012 Fiscal Year, with the option to renew in one (1) year increments not to exceed three (3) years, in accordance with Request for Proposal #11/12-109, in the amount of $60,000.00 to be funded from Account Number 1025001-5207 (Capital Reserve Fund 025), and authorize staff to purchase additional or replacement tables and chairs as approved in the Fiscal Year budget. K6. Approval of an agreement from the County Board of Supervisors, Second District, County 69 of San Bernardino, for the Central Park Pavilion Project and appropriation of funds in the amount of $250,000 into Account Numbers: 1120000-4740 (Grant Revenue) and 1120305- 565011834120-0 (Capital Projects: Central Park Pavilion). K7. Accept the bids received and award and authorize the execution of a contract in the 80 amount of $33,898.00, to the apparent low bidder, De La Riva Construction, Inc. of Fullerton, California, and authorize the expenditure of a contingency in the amount of $3,400, for the "City Hall Main Lobby Ceiling Replacement Project" to be funded from Capital Reserve Account 1025001-5602 as approved in the FY 2011-2012 budget. K8. Adoption of an Energy Risk Management Policy for the Rancho Cucamonga Municipal 81 Utility. K9. Accept the bids received and award and authorize the execution of the contract in the $g amount of $132,000.00, to the lowest responsive bidder, All American Asphalt, and authorize the expenditure of a 10% contingency in the amount of $13,200.00, for the Lemon Avenue Pavement Rehabilitation from Sapphire Street to Carnelian Street to be funded from Proposition 42 Funds, Account No.1190303-565011731190-0. K10. Approval of consent to Indirect Transfer of Control of Nextg Networks of California, Inc. at 95 its parent level with no change of ownership or interest in Nextg and no impacts to City aspects of Original Agreement. RESOLUTION NO. 12-056 100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CONSENTING TO THE CHANGE IN OWNERSHIP AND CONTROL OF NEXTG NETWORKS OF CALIFORNIA, INC. FIRE PROTECTION DISTRICT, {- ' ~ '' PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA ~~.,~, ,. ~ ~ ~ ,,.,,,,~,,:, APRIL 18, 2012 5 K11. Approval of Map, Improvement Agreement, Improvement Security and ordering the 101 Annexation to Landscape Maintenance District No. 9 and Street Lighting Maintenance District Nos. 1 and 8 for Tract 18096, located at the southwest corner of East Avenue and Via Veneto Drive and disposition of City-owned property on the east side of Dolcetto Place, north of Garcia Drive and south of Via Veneto Drive, adjacent to Tentative Tract 18096 submitted by Rancho Victoria Meadows, LLC. RESOLUTION NO. 12-057 104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 18096, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 12-058 ~ 105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "1.0" AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSONS NAMED THEREIN RESOLUTION NO. 12-059 110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA) FOR TRACT 18096 RESOLUTION NO. 12-060 115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT 18096 RESOLUTION NO. 12-061 ~ 120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) FOR TRACT 18096 K12. Accept the landscape improvements and file a Notice of Completion for landscape 125 improvements for Tract 18449 located at the northwest corner of Long Meadow Drive and Victoria Park Lane, submitted by Richmond American Homes. FIRE PROTECTION DISTRICT, ~_' PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA ~~ .; ,~ ,<<~~,.~,~,N~,,, APRIL 18, 2012 6 RESOLUTION NO. 12-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC LANDSCAPE IMPROVEMENTS FOR TRACT 18449 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE LANDSCAPE WORK. K13. Release of Maintenance Guarantee Bond for Tract 16262, located 427 feet north of the centerline of Hillside Road, submitted by Toll CA IV, L.P. K14. Release of Maintenance Guarantee Bond for Tract 16592, located on the north side of Hillside Road, west of Archibald Avenue, submitted by Toll CA IV, L.P. K15. Accept the bids received and award and authorize the execution of the contract in the amount of $578,705.40, to the lowest responsive bidder, All American Asphalt, and authorize the expenditure of a 10% contingency in the amount of $57,870.54, for the Archibald Avenue Pavement Rehabilitation from Foothill Boulevard to Base Line Road and Church Street Pavement Rehabilitation from Hellman Avenue to Archibald Avenue to be funded from Proposition 42 and Measure I Funds, Account Nos. 1190303-5650/1773190-0 and 1176303-5650/1771176-0 and appropriate $185,600.00 to Account No. 1190303- 5650/1773190-0 and $240,000.00 to Account No. 1176303-5650/1771176-0 from Proposition 42 and Measure I fund balances, respectively. 127 128 130 132 K16. Approval of plans, specifications and estimates and to authorize the advertising of the 139 "Notice Inviting Bids" for the Wilson Avenue Extension and Rehabilitation project from East Avenue to Wardman-Bullock Road (extension portion) and from Wardman-Bullock Road to Cherry Avenue (rehabilitation portion), to be funded from Account Nos. 1 1 243035650/1 51 51 24-0, 1 1 1 43035650/1 51 51 1 4-0 and 1 1 763035650/1 721 1 76-0. RESOLUTION NO. 12-064 141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE WILSON AVENUE EXTENSION AND REHABILITATION PROJECT FROM EAST AVENUE TO WARDMAN-BULLOCK ROAD (EXTENSION PORTION) AND FROM WARDMAN-BULLOCK ROAD TO CHERRY AVENUE (REHABILITATION PORTION), IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K17. Accept the Victoria Gardens Cultural Center Celebration Hall Flooring Project, Contract No. 145 11-074 as complete, release the bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion, authorize the purchase of "Seashore" Attic Stock Flooring from the contingency funds, authorize the transfer of the remaining purchase order funds to Account No. 1025001-5304 for partial reimbursement of the temporary carpeting and approve the final contract amount of $36,809.44. . ~il. ~~~~i "I ~~ ~ (.Ut:AMUNi;A FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA APRIL 18, 2012 7 RESOLUTION NO. 12-065 147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE VICTORIA GARDENS CULTURAL CENTER CELEBRATION HALL FLOORING PROJECT CONTRACT NO. 11-074 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. K18. Edward Byrne Memorial Justice Assistance Grant Application. 148 K19. Approval of a Resolution adopting a Memorandum of Understanding between the City of 150 Rancho Cucamonga and the Executive Management Group for the period 2012-14 RESOLUTION NO. 12-066 151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE EXECUTIVE MANAGEMENT EMPLOYEE GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD JULY 1, 2012 THROUGH JUNE 30, 2014. K20. Approval of City Manager contract amendment. 167 L. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following item has been advertised and/or posted as a public hearing as required by law. The Chair will open the meeting to receive public testimony. L1. Adoption of a Resolution making determinations regarding the proposed annexation of 170 territory (Homescape Cucamonga, LLC, Owner - APN 0207-201-22 -Annexation No. 12-3) located on the northeast corner of Arrow Route and Baker Street to an existing Community Facilities District, calling a special election and authorizing submittal of levy of special taxes to the qualified electors. RESOLUTION NO. FD 12-021 173 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 12-3) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY -, .~ . FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AN[ CITY COUNCIL AGENDA APRIL 18, 2012 M. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following item has been advertised and/or posted as a public hearing as required by law. The Mayor will open the meeting to receive public testimony. M1. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN - DRC2012-00245 -CITY OF RANCHO CUCAMONGA - A review of the Federally required 2012-2013 Annual Action Plan, which includes the selection of CDBG funded activities, based on a grant allocation of $804,436. N. ADMINISTRATIVE HEARING ITEM S Speaker cards may be submitted for all those who wish to speak on the following topic(s). The following items have no legal publication or posting requirements. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals wishing to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council, not to members of the audience. N1. Introduce of the Wildland Urban Interface Fire Area Map. ORDINANCE NO. ~b3 FD 52 (FIRST READING) AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES, ESTABLISHING THE WILDLAND-URBAN INTERFACE FIRE AREA, AND MAKING CERTAIN AMENDMENTS TO DEFENSIBLE SPACE REQUIREMENTS O. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) ~~ P. IDENTIFICATION OF ITEMS FOR NEXT MEETING ~~ 181 252 255 REGULAR SESSION TO RECESS TO SPECIAL CLOSED SESSION OF THE CITY COUNCIL AND FIRE PROTECTION DISTRICT, SAID MEETING TO BE HELD IN THE TAPIA ROOM AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. (~~ K1i "~ b i ~ AICAMUNGA FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA APRIL 18, 2012 9 R. SPECIAL CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM R1. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Buquet and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL AND FIRE PROTECTION DISTRICT. S. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S T. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM T1. CONFERENCE WITH LABOR NEGOTIATOR CHRIS PAXTON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP AND EXECUTIVE MANAGEMENT EMPLOYEES -FIRE, CITY --- U. CITY MANAGER ANNOUNCEMENTS V. ADJOURNMENT I, Debra L. McKay, Assistant City ClerklRecords Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on April 12, 2012, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. April 4, 2012 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CITY COUNCIL CLOSED SESSION MINUTES The Rancho Cucamonga Fire Protection District and City Council held a closed session on Wednesday, April 4, 2012 in the Tapia Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Vice President/Mayor Pro Tem Sam Spagnolo. Present were District/Council Members: Bill Alexander, Chuck Buquet and Vice President/Mayor Pro Tem Sam Spagnolo. Diane Williams arrived at 5:10 p.m. PresidenUMayor L. Dennis Michael was absent. Also present were: John Gillison, City Manager; James Markman, City Attorney and Linda Daniels, Assistant City Manager. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S The following closed session items are being considered: D1. CONFERENCE WITH LABOR NEGOTIATOR CHRIS PAXTON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP AND EXECUTIVE MANAGEMENT EMPLOYEES -FIRE, CITY D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE ROAD, IDENTIFIED AS 7150 ETIWANDA AVENUE; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA; AND GWEN FROST, PRESIDENT OF THE ETIWANDA HISTORICAL SOCIETY- CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE ROAD, IDENTIFIED AS 7086 ETIWANDA AVENUE; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA; AND GWEN FROST, PRESIDENT OF THE ETIWANDA HISTORICAL SOCIETY- CITY No persons were present wishing to speak. No recess was required. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. The closed session recessed at 6:30 p.m. with no action taken. *DRAFT* Fire Protection District, Financing Authority, City Council Minutes April 4, 2012 -Page 1 of 7 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meetings of the Rancho Cucamonga Fire Protection District, Financing Authority and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Vice Presidentice Chairman/Mayor Pro Tem Sam Spagnolo called the meeting to order at 7:00 p.m. Present were Board Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams and Vice PresidenWice Chairman Sam Spagnolo. President/Chairman/Mayor L. Dennis Michael was absent. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager; Bill Wittkopf, Public Works Services Director; Trang Huynh, Building and Safety Services Director; Lori Sassoon, Deputy City Manager/Administrative Services; Robert Karatsu, Library Director; Veronica Fincher, Animal Services Director; Mark Steuer, Director of Engineering Services; Nettie Nielson, Community Services Director; Police Chief Mike Newcombe; Fire Chief Mike Bell; Debra McKay, Records Manager/Assistant City Clerk; Adrian Garcia, Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. H1. Proclamation declaring April as Donate Life Month. Mayor Michael presented a proclamation to Ina Brown and Sarah Tompkins declaring April as Donate Life Month. H2. Proclamation for National Library Week. Mayor Michael presented a proclamation to Robert Karatsu, Library Director, declaring National Library Week. The Friends of the Library presented a check in the amount of $10,000 to the City. 11. Tammy Krautkramer expressed concerns regarding trash and debris that is frequently left in front of her home and in her backyard. She noted that the City has known about this problem since June 4`" and urged the City Council to enforce no parking on either side of Highland Avenue. 12. Jerie Lee thanked everyone for their well wishes during her illness. She expressed concerns with the comments made at the February 15, 2012 Council meeting and noted that Council Member Buquet owed Mr. Hanlon and Mr. Moffatt an apology. 13. Dennis Jones invited the City Council and the audience to the 7"' Annual Cucamonga Challenge, to be held on May 12, 2012 at Central Park. 14. Lydia Alcaraz invited the City Council at the audience to the 6"' Annual Black and White Gala, to be held on May 5, 2012 at Central Park. 15. Dr. William B. Martin, II invited the Council and the audience to the National Day of Prayer activity, to be held on May 3, 2012 at 12 noon at the Victoria Gardens Cultural Center Imagination Courtyard. 16. Jim Heitman representing the Chamber of Commerce, invited the City Council and the audience to the Police and Fire Luncheon, to be held on April 17, 2012 at Etiwanda Gardens. 17. Millie Gleany indicated that the neighbors were unhappy when she purchased her property. She has been going through a variety of code enforcement matters. Her establishment is not responsible for all the trash that is thrown on Highland Avenue. *DRAFT* Fire Protection District, Financing Authority, City Council Minutes April 4, 2012 -Page 2 of 7 18. John Lyons commented on various events that have been occurring in the City. to response to Mr. Lyons, John Gillison City Manager indicated that Toby Keith's will be opening on April 16, 2012. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. will be acted upon by the Fire Board/Authority Board/Council at one time without disci J1. Approval of Minutes: March 21, 2012 (Regular Meeting) J2. Approval of Check Register dated March 14, 2012 through March 28, 2012 for the total amount of $160,793.97. J3. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 12-1 and ordering the annexation of such property located on the north side of San Bernardino Rd. west of Vineyard Ave. in Community Facilities District No. 85-1 (Home & Land, LLC - APNs: 0208-091-56, 57 & 0207-101-48). RESOLUTION NO. FD 12-017 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILTIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION N0.12-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 J4. Approval to adopt an annexation map showing Assessor Parcel Number (APN) 0201-902- 16, (Jaime Campos, Owner), located on the south side of Lemon Ave., west of Hermosa Ave. to be annexed into Community Facilities District (CFD) No. 88-1. RESOLUTION NO. FD 12-018 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 88-12-1) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 88-1 J5. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 88-12-1 (APN: 0201-902-16, Jaime Campos, Owner), located on the south side of Lemon Ave. west of Hermosa Ave. into Community Facilities District No. 88-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. "DRAFT" Fire Protection District, Financing Authority, City Council Minutes April 4, 2012 -Page 3 of 7 RESOLUTION NO. FD 12-019 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 88-12-1) TO COMMUNITY FACILITIES DISTRICT NO.88-1 MOTION: Moved by Buquet, seconded by Alexander, to approve the staff recommendations in the staff reports. Motion carried 4-0-1; President Michael was absent. K1. Approval of Minutes: March 21, 2012 (Regular Meeting) K2. Accept the "Fleet Shop CNG Modification Project", Contract No. C011-069/RA 11-010, as complete; release the bonds, accept a Maintenance Bond; approve the Resolution authorizing the Public Works Services Director to file a Notice of Completion, release the retention, and approve the final contract amount of $72,805.25. (Reference Item No. M10) K3. Adoption of a Resolution of the City Council as the Successor Agency to the Rancho Cucamonga Redevelopment Agency approving a proposed administrative budget pursuant to Health and Safety Code Section 34177 and approving the execution of a Cooperative Agreement for advance and reimbursement of administrative overhead and other expenses by and between the Successor Agency and the City of Rancho Cucamonga. RESOLUTION NO. 12-054 A RESOLUTION OF THE CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY APPROVING A PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177; APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE OVERHEAD AND OTHER EXPENSES BY AND BETWEEN THE SUCCESSOR AGENCY AND THE CITY OF RANCHO CUCAMONGA AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH MOTION: Moved by Alexander, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 4-0-1; Chairman Michael was absent. L1. Approval of Minutes: March 21, 2012 (Regular Meeting) MOTION: Moved by Buquet, seconded by Williams, to approve the minutes. Motion carried 4-0-1; Chairman Michael was absent. M. CONSENT CALENDAR -CITY COUNCIL M1. Approval of Minutes: March 21, 2012 (Regular Meeting) *DRAFT* Fire Protection District, Financing Authority, City Council Minutes April 4, 2012 -Page 4 of 7 M2. Approval of Check Register dated March 14, 2012 through March 28, 2012 and payroll ending March 28, 2012 for the total amount of $4,028,066.77. M3. Termination of Resolution No. 2011-180, proclaiming the existence of a local emergency under Government Code Section 8630 and Rancho Cucamonga Municipal Code Section 2.36 pertaining to the recent December wind storms. M4. Approval to accept grant revenue in the amount of $46,810 awarded by the California Emergency Management Agency {FY2011 Homeland Security Grant), and administered by the San Bernardino County Fire Department, Office of Emergency Services to the City of Rancho Cucamonga into Account 1381000-4740 (Grant Income) and authorize appropriation into Account 1381701-5604 (Capital Outlay-Vehicle) for the purchase of utility vehicles for the purpose of response to a catastrophic incident. M5. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the Manzanita Drive Storm Drain Improvement Project, to be funded from General Drainage Funds, Account No. 1 1 1 23035650/1 81 31 1 2-0. RESOLUTION NO. 12-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE MANZANITA DRIVE STORM DRAIN IMPROVEMENT PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M6. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2011-2012 ADA Access Ramps at various locations and Konocti Cul-de-sac Street Improvements, West of Avenida Leon to be funded from Measure I fund, Account No. 1 1 773035650/1 1 501 77-0 and Proposition 42 fund, Account No. 11903035650/1794190- 0. RESOLUTION NO. 12-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "FY 2011-2012 ADA ACCESS RAMPS AT VARIOUS LOCATIONS AND KONOCTI CUL-DE-SAC STREET IMPROVEMENTS, WEST OF AVENIDA LEON", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M7. Approval of Plans and Specifications for "Illuminated Street Name Sign Replacement Phase 3 FY-11/12" and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from Account 1170303-5300 (Gas Tax) as approved in the FY 2011/2012 Budget. RESOLUTION NO. 12-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ILLUMINATED STREET NAME SIGN REPLACEMENT PHASE 3 FY-11/12" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS *DRAFT* Fire Protection District, Financing Authority, City Council Minutes April 4, 2012 -Page 5 of 7 M8. Authorization to accept grant revenue in the amount of $260,000 from the South Coast Air Quality Management District, administered by the Mobile Source Air Pollution Reduction Review Committee (MSRC) into Account 1105000-4740 (Grant Revenue) and authorization to appropriate $60,000 into Account 1105208-5604 (A62766 Air Quality Improvement, Capital Outlay -Vehicles). M9. Approval of Plans and Specifications for "Resurfacing of Tennis Courts at Various Locations" and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from Account Number 1025001-5607 (Capital Reserve) as approved in the FY 2011 /2012 budget. RESOLUTION NO. 12-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE RESURFACING OF TENNIS COURTS AT VARIOUS LOCATIONS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M10. Accept the "Fleet Shop CNG Modification Project", Contract No. CO 11-069/RA 11-010, as complete; release the Bonds, accept a Maintenance Bond; approve the Resolution authorizing the Public Works Services Director to file a Notice of Completion, release the retention, and approve the final contract amount of $72,805.25. RESOLUTION NO. 12-053 A RESOLUTION OF THE CITY COUNCIL AND SUCCESSOR AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE FLEET SHOP CNG MODIFICATION PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M11. Accept the bids received and award and authorize the execution of a contract in the amount of $41,333.00, to the apparent low bidder, Hi-Way Safety, Inc. of Chino, California, and authorize the expenditure of a contingency in the amount of $4,134, for "Citywide Street Name Sign Replacement - FY 11/12" to be funded from Capital Reserve, Account 1025001-5300 as approved in the FY 2011/2012 budget. M12. Approval to renew existing Contract Number 05-124 with Brodart, Inc., to provide book processing and technical services to the Rancho Cucamonga Library Services for an additional three (3) years, and expend approved funding in accordance with the adopted budget line items for Account Numbers 1290606-5200 and 5300 and 1290607-5200 and 5300. M13. Adoption of a Resolution of the City Council Approving the Execution of a Cooperative Agreement for Advance and Reimbursement of Administrative, Ovefiead and other Expenses by and between the City and the Successor Agency to the Rancho Cucamonga Redevelopment Agency. RESOLUTION NO. 12-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE, OVERHEAD AND OTHER EXPENSES BY AND BETWEEN THE CITY AND THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY *DRAFT* Fire Protection District, Financing Authority, City Council Minutes April 4, 2012 -Page 6 of 7 MOTION: Moved by Alexander, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 4-0-1; Mayor Michael was absent. N. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. N1. Update on Library's "Staff Innovation Fund" project. (PowerPoint Presentation) Robert Karatsu, Library Director; Michelle Perera, Assistant Library Director; Heather Bolton, Secretary and Margaret Hatnaka, Children's Librarian provided a PowerPoint presentation on the Staff Innovation Fund project. Q1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Mayor Pro Tem Spagnolo indicated that the Ronald McDonald House had held their charity run at Victoria Gardens and noted that it was very successful. Also, he announced a Veteran's Health and Wellness Fair to be held at the Fontana Community Center on Saturday. 02. LEGISLATIVE AND REGIONAL UPDATES (Oral) Mayor Pro Tem Spagnolo reported that the Redevelopment dissolution clean up bill (AB 1585) had passed out of the Assembly. This bill would preserve affordance housing by allowing local agencies to retain their housing fund balance. The measure also ensures loan repayments. Mayor Pro Tem Spagnolo noted that the bill is now in the Senate and will likely be hard sometime after April 9, 2012. Mayor Pro Tem Spagnolo also reported on the three-month extension to SAFETEA-LU, the nation's largest surface transportation funding program. Efforts to pass a permanent transportation bill have been stalled in both the House and the Senate. Council Member Buquet noted the misunderstanding regarding City processes currently occurring on Ridgeview and requested an update. City Manager John Gillison indicated that an update would be provided at the next meeting. Mayor Michael adjourned the meeting at 8:05 p.m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: 'DRAFT' Fire Protection District, Financing Authority, City Council Minutes April 4, 2012 -Page 7 of 7 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P1 Agenda Check Resister 3/28/2012 through 4/10/2012 Check No. Check Date Vendor Name Amowu Ap 00322650 2012/03/29 ( AIRGAS WEST 18.45 AP 00322650 2012/03/291 AIRGAS WEST - 34.42 AP 00322650 2012/03/291 AIRGAS WEST 138.85 AP 00322655 2012/03/29 1 DAPPER TIRE CO 856.29 AP 00322661 2012/03/29 1 INTERSTATE BATTERIES 325.29 AP 00322661 2012/03/291 INTERSTATE BATTERIES 325.29 AP 00322661 2012/03/29 1 INTERSTATE BATTERIES 325.29 AP 00322661 2012/03/29 I INTERSTATE BATTERIES 325.29 AP 00322661 2012/03/29 ( INTERSTATE BA7"CERIES 325.30 AP 00322665 2012/03/291 LN CURTIS AND SONS 70.04 AP 00322667 2012/03/291 NEC UNIFIED SOLUTIONS INC 1,608.50 AP 00322459 2012/03/28 1 ALLEGIS CORD 140.93 AP 00322460 2012/03/281 ALSCO 177.28 Ap 00322465 2012/03/28 1 APPLE ONE EMPLOYML-NT SERVICES 334.80 AP 00322476 2012/03/28 ( BOUND TREE MEDICAL LLC. ~ 41.03 AP 00322476 2012/03/28 ( BOUND TREE MEDICAL LLC. 173.89 AP 00322476 2012/03/28 ( BOUND TREE MEDICAL LLC. ~ - ~ 49.28 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 169.53 AP 00322512 2012/03/28 ( FLEET SERVICES INC. ~ 253.22 AP 00322512 2012/03/28 ( FLEET SERVICES INC. 168.82 AP 00322513 2012/03/28 ( FLEX-A-CHART 670.25 AP 00322515 2012/03/28 ( FOWLER, ROBIN 42.71 AP 00322517 2012/03/281 FRASURE, JULIE 105.00 AP ~ 00322539 2012/03/28 l HOYT LUMBER CO., SM 17.90 AP 00322544 2012/03/28 ( INDEPENDENT STATIONERS 296.80 AP 00322544 2012/03/28 ( INDEPENDENT STATIONERS 148.39 AP 00322544 2012/03/28 ( INDEPENDENT STATIONERS 49.46 AP 00322545 2012/03/28 ( INDUSTRIAL EMERGENCY COUNCIL. 1,500.00 AP 00322545 2012/03/28 ( INDUSTRIAL EMERGENCY COUNCIL 1,500.00 AP 00322546 2012/03/28 ( INTEGRITY DOOR & HARDWARE INC . 656.78 AP 00322546 2012/03/28 ( INTEGRITY DOOR & IARDWARE INC 2,275.38 AP 00322550 2012/03/28 ( JONES, COLVER 17.67 AP 00322552 2012/03/28 l LLEBERT CASSIDY WHITMORE 185.50 AP 00322553 2012/03/28 1 LIFE ASSIST INC 220.05 AP 00322553 2012/03/28 1 LIFE ASSIST INC 32.92 AP 00322583 2012/03/28 l PUBLIC GROUP OF CALIFORNIA, THE 578.15 AP 00322584 2012/03/28 l QUALITY TRUCK ELECTRIC INC 242.44 AP 00322597 2012/03/28 1 SMART AND FINAL 21.17 AP 00322597 2012/03/28 1 SMART AND FINAL 61.00 AP 00322599 2012/03/281 SO CALIF GAS COMPANY 166.37 AP 00322599 2012/03/281 SO CALIF GAS COMPANY 488.88 AP 00322599 2012/03/28 l SO CALIF GAS COMPANY 215.98 AP 00322599 2012/03/28 ( SO CALIF GAS COMPANY 267.11 AP 00322599 2012/03/28 ( SO CALIF GAS COMPANY 281.43 AP 00322599 2012/03/28 l SO CALIF GAS COMPANY 281.42 User: VLOPEZ-Veronica Lopez Page: 1 Current Datc: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:4 I2ANCH0 CUCAMONGA FIRE PROTECTION DISTRICT P2 Agenda Check ReI?ister 3/28/2012 through 4/10/2012 Check No. Check Date Vendor Name Amount AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 598.64 AP 00322607 20]2/03/28 ( SOUTHERN CALIFORNIA EDISON 960.45 Ap 00322609 2012/03/28 ( SOUTHERN COUNTIES LUBRICANTS LLC 2,104.00 AP 00322609 2012/03/28 1 SOUTI{ERN COUNTIES LUBRICANTS LLC 3,156.00 Ap 00322632 2012/03/28 1 VERIZON CALIFORNIA 475.70 AP 00322632 2012/03/281 VER[ZON CALIFORNIA 43.78 AP 00322632 2012/03/28 1 VERIZON CALIFORNIA ~ 37.51 AP 00322632 2012/03/28 1 VERIZON CALIFORNIA 76.27 AP 00322632 2012/03/28 ( VERIZON CALIFORNIA 172.56 AP 00322632 2012/03/281 VERIZON CALIFORNIA 175.80 AP 00322634 2012/03/28 l WALTERS WHOLESALE ELECTRIC CO 105.26 AP 00322640 2012/03/28 ( WESTPAC HEAVY DUTY OF CALIFORNIA LLC 709.08 AP 00322640 2012/03/28 ( WESTPAC HEAVY DUTY OF CALIFORNIA LLC 249.98 AP 00322640 2012/03/28 ( WESTPAC HEAVY DUTY OP CALIFORNIA LLC 1,028.00 AP 00322643 2012/03/28( WINZERCORPORATION 60.98 AP 00322674 2012/04/04 ( AGILINE INC 120.00 Ap 00322675 2012/04/04 1 ALL CITIES TOOLS 244.54 AP 00322675 20]2/04/04 ( ALL CITIES TOOLS 40.51 AP 00322675 .2012/04/041 ALL CITIES TOOLS 232.96 AP 00322693 2012/04/04 ( CAL EMA 80.00 AP 00322710 2012/04/04 ( CHINO MOWER AND ENGINE SERVICE 25.00 AP 00322710 2012/04/04 l CHINO MOWER AND ENGINE SERVICE 1,156.76 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 559.82 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 708.66 Ap 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 275.10 AP 00322717 2012/04/041 CUCAMONGA VALLEY WATER DISTRICT 92.00 Ap 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 576.60 AP 00322717 2012/04/041 CUCAMONGA VALLEY WATER DISTRICT 123.95 Ap 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 61.06 AP 00322717 2012/04/041 CUCAMONGA VALLEY WATER DISTRICT 58.20 AP 00322736 2012/04/04 ( FRANKLIN TRUCK PARTS 233.88 AP 00322742 2012/04/04 1 GOLD STANDARD CATERING 515.05 AP 00322754 2012/04/041 HOYT LUMBER CO., SM 51.67 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 446.18 AP 00322760 2012/04/04 l INDEPENDENT STATIONERS 223.08 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 74.36 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 17.24 Ap 00322760 2012/04/04 ( INDEPENDENT STATIONERS 19.47 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 127.97 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 99.24 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 49.61 AP 00322760 2012/04/04 1 INDEPENDENT STATIONERS 16.53 AP 00322776 2012/04/04 1 KME FIRE APPARATUS ~ 222.70 AP 00322776 2012/04/04 1 KME FIRE APPARATUS 95.44 AP 00322779 2012/04/041 LANDORP, RICHARD 152.00 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 04/11/: Report: CK_AGENDA_REG_PORTRAI"I_RC - CK: Agenda Check Register Portrait Layout Time: 13:4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/28/2012 through 4/10/2012 Check No. Check Date Vendor Nnme Amaum AP 00322780 2012/04/04 ( LASER LINE 240.74 Ap 00322782 2012/04/04 l LIGHTHOUSE, THE 193.14 AP 00322787 2012/04/04 ( MARLINK SA INC 135.00 AP 00322790 2012/04/04 ( MIELKE, BRETT 200.00 AP 00322790 2012/04/04 ( MIELKE, BRETT 50.00 AP 00322791 2012/04/04 ( MIJAC ALARM COMPANY 15.00 AP 00322791 2012/04/041 MIJAC ALARM COMPANY 168.00 AP 00322809 2012/04/04 1 OCCUPATIONAL IIEALTH CTRS OF CA 121.25 AP 00322809 2012/04/041 OCCUPATIONAL HEALTH CTRS OF CA 56.93 AP 00322809 2012/04/04 1 OCCUPATIONAL HEALTH CTRS OF CA 68.62 AP 00322818 2012/04/04 1 PATTON SALES CORP 384.71 AP 00322825 2012/04/04 1 POLLOCK, LARRY 676.50 AP 00322827 2012/04/041 PROBST, GARY 35.69 AP 00322831 2012/04/04 1 RAULS AUTO TRIM INC 406.65 AP 00322831 2012/04/04 ( RAULS AUTO TRIM INC 271.10 AP 00322832 2012/04/04 ( RAYNE WATER CONDITIONING INC 26.25 AP 00322861 2012/04/04 ( SMART AND FINAL 114.15 AP 00322863 2012/04/04 ( SNIDER, LANCE 200.00 Ap 00322864 2012/04/04 ( SO CALIF GAS COMPANY 34.43 AP 00322864 2012/04/04 ( SO CALIF GAS COMPANY - 190.90 Ap 00322864 2012/04/04 ( SO CALIF GAS COMPANY 80.63 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 463.12 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 1,071.14 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 685.22 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 1,391.22 AP 00322881 2012/04/041 STRESS LESS ENVlltONMENTAL LLC 69.00 AP 00322884 2012/04/041 TERMINIX PROCESSING CENTER 73.00 AP 00322894 2012/04/04 1 UNII'IRST UNIFORM SERVICE 58.79 AP 00322894 2012/04/041 UNIFIRST UNIFORM SERVICE ~ 59.61 AP 00322902 2012/04/04 ( VARNEY, ANTHONY 63.00 AP 00322905 2012/04/04 l VERIZON CALIFORNIA 475.70 AP 00322905 2012/04/04 1 VERIZON CALIFORNIA 475.70 AP 00322905 2012/04/041 VERIZON CALIFORNIA 38.68 AP 00322905 2012/04/04 1 VERIZON CALIFORNIA 19.77 AP 00322905 2012/04/04 ( VERIZON CALIFORNIA 19.77 AP 00322905 2012/04/04 t VERIZON CALIFORNIA 57.90 AP 00322906 2012/04/04 ( VERIZON WIRELESS - LA 1,608.00 AP 00322908 2012/04/04 ( WAXIE SANITARY SUPPLY 9.99 AP 00322908 2012/04/04 ( WAXIE SANITARY SUPPLY 958.88 AP 00322908 2012/04/04 ( WAXIE SANITARY SUPPLY 479.43 AP 00322908 2012/04/04 ( WAXIE SANITARY SUPPLY 159.81 AP 00322910 2012/04/04 ( WEST COAST LIGHTS & SIRENS 59.43 AP 00322910 2012/04/04 ( WEST COAST LIGHTS & SIRENS 39.62 AP 00322910 2012/04/04 l WEST COAST LIGHTS & SIRENS 59.43 AP 00322910 2012/04/04 ( WEST COAST L[GHTS & SIRENS 39.62 P3 User: VLOPEZ -Veronica Lopez Page: 3 Curren[ Dale: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Asenda Check Resister 3/28/2012 through 4/10/2012 Check No. Check Dale Vendor Name ~ Amouni Ap~ 00322910 2012/04/04 l WEST COAST LIGHTS & SIRENS 59.43 AP 00322910 2012/04/04 1 WEST COAST LIGHTS & SIRENS 39.62 AP 00322910 2012/04/041 WEST COAST LIGHTS & SIRENS 397.58 AP 00322910 2012/04/04 ( WEST COAST LIGHTS & SIRENS 265.06 AP 00322910 20]2/04/04 ( WEST COAST LIGHTS & SIRENS 397.58 AP 00322910 2012/04/04 ( WEST COAST LIGHTS & SIRENS 265.06 AP 00322925 2012/04/05 ( AIRGAS WEST 523.94 AP 00322927 2012/04/05 ( DAISY WHEEL RIBBON CO INC 3,811.51 AP 00322927 2012/04/05 ( DAISY WHEEL RIBBON CO INC 292.95 AP 00322927 2012/04/05 1 DAISY WHEEL RIBBON CO INC -63.16 Ap 00322927 2012/04/05 1 DAISY WHEEL RIBBON CO INC -224.17 Ap 00322927 2012/04/05 1 DAISY WHEEL RIBBON CO INC 224.17 Total for Entity: 50,933.23 P4 User: VLOPEZ -Veronica Lopez Page: 4 Current Dale: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - 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Fair Value Accrued Interest United States Treasu Bills $ 18,717,263,072.98 $ 18,739,829,500.00 NA Notes $ 15,132,482,081.42 $ 15,186,274,500.00 $ 32,179,359.50 Federal A enc SBA $ 538,205,313.38 $ 538,558,270.99 $ 564,816.31 MBS-REMICs $ 379,672,179.88 $ 413,895,233.66 $ 1,806,939.27 Debentures $ 976,090,670.91 $ 976,426,250.00 $ 1,463,334.75 Debentures FR $ - $ - $ - Discount Notes $ 4,791,501,388.76 $ 4,798,269,000.00 NA GNMA $ 25,667.79 $ 25,906.98 $ 251.81 tBRD Debenture $ 399,921,857.92 $ 400,000,000.00 $ 422,224.00 IBRD Deb FR $ 300,000,000.00 $ 300,198,000.00 $ 242,380.83 CDs and YCDs FR $ 400,OOO,OD0.00 $ 400,000,000.00 $ 47,440.00 Bank Notes $ - $ - $ - CDs and YCDs $ 4,200,010,947.96 $ 4,198,796,444.41 $ 6,721,986.10 Commercial Pa er $ 1,609,430,836.16 $ 1,609,821,222.22 NA Cor orate: Bonds FR $ - $ - $ - Bonds $ - $ - $ - Repurchase A reements $ - $ - $ - Reverse Repurchase $ - $ - $ - Time De osits $ 4,233,640,000.00 $ 4,233,640,000.00 NA AB 55 & GF Loans $ 13,156,208,514.82 $ 13,156,208,514.82 NA TOTAL $ 64,834,452,531.98 $ 64,951,942,843.08 $ 43,448,732.57 Fair Value Including Accrued Interest $ 64,995,391,575.65 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). STAFF REPORT RANCHO CUCdhfONGd FIRE PRO"CECTION DISTRICT Date: April 18, 2012 To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II RANCHO C,UCAMONGA Subject: ADOPTION OF A RESOLUTION DECLARING RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT N0.8S1, ANNEXATION N0.12-2AND ORDERING THE ANNEXATION OF SUCH PROPERTY LOCATED ON 26°i ST. EAST OF CENTER AVE IN COMMUNf1Y FACIILfT1ES DISTRICT N0.8rr1(ELAYVASOUEZ.OWNER-APN: 020312128) RECOMMENDATION Consideration of approval of a resolution declaring results of a special election in Community Facilities District No. 85-1, Annexation No. 12-2 (a proposed single family residence located on 26f" St. east of Center Ave.). BACKGROUND On February 15, 2012, the Board declared its intention to annex APN 0209-121-28 into CFD No. 85-1. On March 21, 2012, a public hearing was held regarding the annexation and following such hearing, the Board of Directors adopted a resolution calling for a special election to submit the qualified electors of the Annexation Territory a ballot measure pertaining to the authorization to levy a special tax within the Annexation Territory. A special election was scheduled for March 28, 2012. On March 28, 2012, the landowner submitted their ballot to the Board Secretary. The Board Secretary has canvassed the ballot and completed the statement of votes cast (see Exhibit "A" of Resolution). The Landowner cast their vote unanimously in favor of the levy of the special tax in the Annexation Territory. Adoption of this resolution constitutes the formal action of the Board declaring the results of the election and the annexation of the Annexation Territory to Community Facilities District No. 85-1 and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of property within the Annexation Territory will have notice of the special tax obligation affecting such property. Respectf submitted, Mike Belly Fire Chief Attachments 1. Resolution No. FD 12-020 2. CFD 85-1 Map P10 P11 RESOLUTION NO. FD 72-020 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILTIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 12-2 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the Board of Directors (the "Board") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 12-2 ("Annexation Territory"), and, WHEREAS, the Board did call for and order to be held an election to submit to the qualified voters of the Annexation Territory a proposition to levy a special tax in the Annexation Territory; and, WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable 2/3's vote of the qualified voters, and the Board desires to declare the favorable results of the election and to order the annexation of the Annexation Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Board hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election Official, said Statement setting forth the humber of votes cast in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto marked Exhibit "A", referenced and so incorporated. SECTION 3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST. SECTION 4. The Board hereby orders the annexation of the Annexation Territory to the District and further determines that the Board is now authorized to levy the special taxes within the Annexation Territory as approved and authorized by the qualified electors of the Annexation Territory. P12 SECTION 5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED this day of 2012. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the _ day of 2012. Executed this _ day of 2012, at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 12-020 -Page 2 of 3 EXHIBIT 'A' P13 CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN $ERNARDINO )SS RANCFCO CUCAMONGA FIRE PROTECTION DISTRICT ) THE UNDERSIGNED, AS ELECTION OFFICIAL OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF.SAN BERNARDINO, STATE OF CALIFORNIA, DO HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and the Elections Code of the State of California, I did canvass the returns of the votes cast at the: RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 12-2 SPECIAL ELECTION In said Fire Protection District held on Mazch 28, 2012. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District, and the whole number of votes cast for the Measure in said District, and the totals of the respective columns and the totals as shown for the Measure aze full, true and correct. I. TOTAL NUMBER OF VOTES CAST: II. TOTAL NUMBER OF VOTES.FOR AND AGAINST PROPOSITION A FOR AGAINST ~1 WITNESS my hand and official Seal this ;~~ day of y,.,~~r_r:i-I-- , 2012. p~J /!~ .i1, 4111 {Ir Electi~n Official ~ , ~' `•~, r,I! tl_ ! /i L,'!.., f Ranch Cucamonga Fire,L rotect>,r~rUpistnct '~, t State of California `,; '- ~"~ ~~~ ~- y.; c(Y `- r~'~ ~.: ~. ,~ ~, 4 ~,. i ~ ~~I/1ltl 1.'1,11111 ~ N QO ~ N N CO ~ N •~.~ tv O Z ~` o, , •r ~ N ~~ ~ 0 Q ~ Q ~ ~ ~ . V ~~ .~ V ny ua~{!II!W ny uaneH ny esow~aH ny pleq!yo~y ny uewllaH ~g uegau~e~ C O N ny epuenn!~3 18 ~laa~~ ny ~a~sayoo~ i- T ~-r N oz xa 2~ 4 a/U U 2 C (D T C f0 m ~_ r ny ti~ay~ a~i c J ~~~/ LL C J N fd m P14 a~ . r- m ~ 3 °o ~ u_ Q r N. r c 1= ~ J ~ 0 .~ ~ C U U d ~ t: ~~ ~ J ~•r ~ ~ ^ ^ L ny ~a~sayoo~ I ny ua~!II!W ny uaneH ^ ny esow~aH N ~ , ~ nb' PIe4!yo~b' o ~ ~ ' ~ ~, ~ ny uewllaH ~ Q ~~ ~ ~ ~ ` ~ j ny p~e~(au!n ~~~ i ~ ~s~~~o:y~po~ ~ € B E @ F ~ ^ E ' ~ F sv8~ `}gP @s ~ I t _ - 4 9E $ m s ~ ,~..:rt± nyana~ £o g£ 3 gY ~cco~ 4 :~~EP~;s;;$~s m J L ~ ~ r~-+ ~ 00 8$Ag~~~$F2~F 5 ' 3 Edgo$~FaY~oB s S- _ a~ ~~ ~8 r - O ~ L 9 a ng ~ €EF a94c= s~6~g~;Y~agm$ ~`. E~c~Y$g"`EVg S€v~~P ~9=Y~'Ng ~~~ o ~ 8 Fgpa e ~y o~~B rB c'ga$aFx~ ° E° 8°>Ea ~9~F ~~~s$eu ~`F~v ~~~7°ng~e°e5? O 0 r ;Sep in v ny epuenng3 P15 STAFF REPORT EA~GINFERING SERVICES DI3PAR"IbIFNT Date: April 18, 2012 To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walt Stickney, Associate Engineeru.~lf , Pam Pane, Management Analyst II Shelley Hayes, Assistant Engineer ~~ ~I RANCHO CUCAMONGA Subject: ACCEPT THE HELLMAN FIRE STATION (177) CONSTRUCTION PROJECT, CONTRACT NO. FD 10-006 AS COMPLETE, RETAIN THE FAITHFUL PERFORMANCE BOND AS A GUARANTEE BOND,' RELEASE THE LABOR AND MATERIAL BOND, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $2,869,364.41 RECOMMENDATION It is recommended that the Board accept the Hellman Fire Station (177) Construction Project, Contract No. FD 10-006, as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a Guarantee Bond, authorize the release of the Labor and Materials Bond in the amount of $2,871,000.46 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $286,936.44, 35 days after acceptance. Also, approve the final contract amount of $2,869,364.41. BACKGROUNDIANALYSIS The subject project has been completed in accordarice with the approved plans and specifications and to the satisfaction of the City Engineer. The Hellman Fire Station (177) Construction Project improvements scope of work consisted of construction of a new one-story fire station with on- and off-site improvements, structural framing, mechanical, plumbing, fire protection, electrical, communications and emergency power systems. Pertinent information of the project is as follows: 9 Budgeted Amount: - Account Numbers: Engineer's Estimate: Fire Board Approval to Advertise: Publish dates for local paper: Bid Opening: $3,000,000.00 3289501-5650/ 1597289-6314 $3,027,538.Ob February 17, 2010 February 23 and March 2, 2010 June 22, 2010 P16 FIRE BOARD STAFF REPORT Re: Hellman Fire Station (177) Construction Project April 18, 2012 Page 2 Contract Award Date r Low Bidder: ~ Contract Amount: r 10% Contingency: `r Final Contract Amount: Difference in Contract Amount: August 4, 2010 ASR Constructors, Inc. $2,871, 000.46 $287,100.05 $2,869,364.41 $(-1,636.05) (-0.06%) The net decrease in the total cost of the project is a result of forty-six (46) Contract Change Orders including the balancing statement. The notable change that was significant to the decrease of the Contract was the removal of all off-site landscaping from the contract. The balancing statement accounts for other minor increases and decreases in bid quantities. Respectfully submitted, -~~-- . f'""", ~i""'~5.,,.. Mark A. Steuer Director of Engineering Services/City Engineer MAS/WS/PP/SH:Is Attachment P17 -- t\Nq ? DR ~ 5P r-' I ..-..-.. -.. _.. .-._-..~ ...--.. r- .-_.-__- ~--~~ ! ~ HILL E RD ILL IDE ~ i I h ~ ILSO AV I WIL NAV LSON V EEC ~ a •' y w a m '~I ~ BANV ' N ST 4~ \ ~ ¢ \ w a i x ~ 121 OFR 1210 F 121 a w w a w < w a Z V DTDRI U N Q `_ J _ _ a > BASE LI ~ a w ~ ~~• ~ %i~• ~ ' ~ CHU4 CH S p CHU CH S ~ Q •J i } ~` ~ ,%j < • F OTHI BL < D 'i~- < :~ ' ~ m > << IVIC CE ~ w R <~ I w . /~ p Q ARR W RT p ~ TH ST D ~ JERSEV BL c7 B H ST t a i < 7 H ST ) TH ST -• 6 ~ HST F ~ 6 - ~ a 4TH ST ~ F a h ~ I I I ! i Q ~ ! i I ~ ~ ~ . i i ~ !~ Q ~ ~! i I HILLSIDk RD ~ > ~ ~ > Q t={---T-~- -~- . ----w ' D I i~ c~n; y ! ~~ =i ' WILSOMAV j~ I 2 ~ 1 ~ 2~---- ~ ~-- ~ -------r----- =-I-- !- Qi --- ~ z! w Q' I PROJECT ; ~ z ! ' ~; a ~ ~ !BANYAN ~T ~ ~ ~ i ANYAN ST Vicinity Map .Hellman Fire Station (177) Construction Project (Hellman Ave south of Hillside Ave.) P18 RESOLUTION NO. FD 12-022 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HELLMAN FIRE STATION (177) CONSTRUCTION PROJECT, CONTRACT NO. FD 10-006 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Hellman Fire Station (177) Construction Project, Contract No. FD 10-006, has been completed to the satisfaction of the City Engineer; and complete. WHEREAS, a Notice of Completion is required to be filed, certifying the work NOW, THEREFORE, the Fire Board of the Rancho Cucamonga Fire Protection District hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. Resolution No. FD 12-022 -Page 1 of 1 CITY OF RANCHO CUCAMONGA Ap_enda Check Resister 3/28/2012 through 4/10/2012 Check No. AP 00322923 AP 00322446 AP 00322447 AP 00322448 AP 00322448 AP 00322449 AP 00322450 AP 00322450 AP 00322450 AP 00322450 AP 00322450 AP 00322450 AP 00322450 AP 00322450 AP 00322450 AP 00322450 AP 00322450 AP 00322450 AP 00322450 AP 00322649 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 Ap 00322652 AP 00322652 AP 00322652 AP 00322652 AP 00322652 Check Date 2012/04/05 1 2012/03/281 2012/03/281 2012/03/28( 2012/03/281 2012/03/28( 2012/03/28( 2012/03/28 2012/03/28 2012/03/28( 2012/03/28( 2012/03/281 2012/03/281 2012/03/281 2012/03/281 2012/03/28( 2012/03/28 2012/03/28 2012/03/28 2012/03/29( 2012/03/291 2012/03/291 2012/03/291 2012/03/291 2012/03/29( 2012/03/29( 2012/03/29( 2012/03/29 2012/03/29 2012/03/29( 2012/03/291 2012/03/291 2012/03/291 2012/03/291 2012/03/291 2012/03/29 2012/03/29( 2012/03/29( 2012/03/29 20 ] 2/03/29 2012/03/29 2012/03/29( 2012/03/291 2012/03/291 2012/03/291 Vendor Name SCHULKE,TERRY A AM) R TIRE SERVICE A&V SOFTBALL Al AUTOMOTIVE Al AUTOMOTIVE AAVCO ABM JAMTORIAL SW ABM JAMTORIAL S W ABM JAMTORIAL S W ABM JAMTORIAL SW ABM JAMTORIAL SW ABM JAMTORIAL SW ABM JAMTORIAL SW ABM JAMTORIAL SW ABM JAMTORIAL SW ABM JAMTORIAL SW ABM JAMTORIAL SW ABM JAMTORIAL S W ABM JAMTORIAL SW ABC LOCKSMITHS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS BRODARTBOOKS P19 Amount 1,268.00 1,249.90 3,825.00 300.85 260.00 6,213.01 148.07 43,055.11 111.06 111.06 1,406.70 1,036.52 1,406.70 740.37 666.33 222.11 296.15 344.57 902.77 96.55 10.01 16.44 264.69 24.24 14.01 27.15 19.06 21.60 72.10 14.56 10.07 10.07 181.92 100.75 4.47 4.47 6.63 49.17 4.47 4.47 4.47 6.63 13.26 13.41 4.47 User: VLOPEZ -Veronica Lopez Page: 1 Curren[ Dale: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA A¢ettda Check Resister 3/28/2012 through 4/10/2012 P20 Check No. Check Date Vendor Name Amoum AP 00322652 2012/03/29 ( BRODART BOOKS 40.23 AP 00322652 2012/03/29 ( BRODART BOOKS 10.01 AP 00322652 2012/03/29 l BRODART BOOKS 9.98 AP 00322652 2012/03/291 BRODART'BOOKS 17.44 Ap 00322652 2012/03/291 BRODART BOOKS 49.42 AP 00322652 2012/03/291 BRODART BOOKS 21.60 AP 00322652 2012/03/29 f BRODART BOOKS 83.50 AP 00322652 2012/03/29 1 BRODART BOOKS 109.05 AP 00322652 2012/03/291 BRODART BOOKS 10.07 AP 00322652 2012/03/29 ( BRODART BOOKS 19.31 AP 00322652 2012/03/29 ( BRODART BOOKS 10.07 AP 00322652 2012/03/29 l BRODART BOOKS 16.44 AP 00322652 2012/03/29 ( BRODART BOOKS 176.89 AP 00322652 2012/03/29 ( BRODART BOOKS 109.49 AP 00322652 2012/03/29 f BRODART BOOKS 4.47 AP 00322652 2012/03/29 ( BRODART BOOKS 8.94 AP 00322652 2012/03/29 ( BRODART BOOKS 4.47 AP 00322652 2012/03/29 ( BRODART BOOKS 4.47 AP 00322652 2012/03/29 ( BRODART BOOKS 6.63 AP 00322652 2012/03/29 ( BRODART BOOKS 11.10 AP 00322652 2012/03/29 ( BRODART BOOKS 13.26 AP 00322652 2012/03/291 BRODART BOOKS 15.57 AP 00322652 2012/03/291 BRODART BOOKS 44.70 AP 00322652 2012/03/291 BRODART BOOKS 35.76 AP 00322652 2012/03/29 I BRODART BOOKS 17.88 AP 00322653 2012/03/29 I COMP U ZONE 85.00 AP 00322653 2012/03/29 I COMP U ZONE 272.61 AP 00322653 2012/03/29 I COMP U ZONE 85.00 AP 00322653 2012/03/291 COMP U ZONE 85.00 AP 00322654 2012/03/29 ( DAISY WHEEL RIBBON CO_ INC 1,647.81 AP 00322655 2012/03/29 ( DAPPER TIRE CO 145.40 AP 00322655 2012/03/29 ( DAPPER TIRE CO 337.92 AP 00322656 2012/03/29 ( EMCOR SERVICE 1,188.83 AP 00322656 2012/03/29 ( EMCOR SERVICE 15,997.75 AP 00322656 2012/03/29 ( EMCOR SERVICE - 13,850.17 AP 00322657 2012/03/29 ( EWING IRRIGATION PRODUCTS 283.01 AP 00322657 2012/03/29 ( EWING IRRIGATION PRODUCTS 367.34 AP 00322658 2012/03/29 ( HOLLIDAY ROCK CO INC 150.00 AP 00322658 2012/03/291 HOLLIDAY ROCK CO INC 515.13 AP 00322658 2012/03/29 I HOLLIDAY ROCK CO INC 683.71 AP 00322658 2012/03/29 I HOLLIDAY ROCK CO INC 75.00 AP 00322658 2012/03/291 HOLLIDAY ROCK CO INC 171.86 AP 00322658 2012/03/291 HOLLIDAY ROCK CO INC 150.00 AP 00322658 2012/03/291 HOLLIDAY ROCK CO INC 3,684.78 Ap 00322658 2012/03/29 1 HOLLIDAY ROCK CO INC 510.72 User: VLOPEZ -Veronica Lopez Page: 2 Current Dale: 04/1 I/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA P21 Asenda Check Resister 3/28/2012 through 4/10/2012 Check No. Check Date Vendor Name Amount AP 00322658 2012/03/291 HOLLIDAY ROCK CO INC 90.24 AP 00322658 2012/03/291 HOLLIDAY ROCK CO INC 573.96 AP 00322658 2012/03/291 HOLLIDAY ROCK CO INC 75.00 AP 00322658 2012/03/29 I HOLLIDAY ROCK CO INC 426.42 AP 00322658 2012/03/29 ( HOLLIDAY ROCK CO INC 150.00 AP 00322658 2012/03/29 ( HOLLIDAY ROCK CO INC 1,535.08 AP 00322658 2012/03/29 ( HOLLIDAY ROCK CO INC ~ 598.28 AP 00322659 2012/03/29 ( HYDROSCAPE PRODUCTS INC 0.71 AP 00322659 2012/03/29 ( HYDROSCAPE PRODUCTS INC 2.27 AP 00322659 2012/03/29 ( HYDROSCAPE PRODUCTS INC 86.24 AP . 00322660 2012/03/29 ( INLAND VALLEY DAILY BULLETIN 235.00 AP 00322660 2012/03/29 ( INLAND VALLEY DAILY BULLETIN 698.00 AP 00322660 2012/03/29 ( INLAND VALLEY DAILY BULLETIN 698.00 AP 00322660 2012/03/29 ( INLAND VALLEY DAILY BULLETIN 235.00 AP 00322661 2012/03/291 INTERSTATE BATTERIES 300.46 AP 00322661 2012/03/29 ( INTERSTATE BATTERIES 781.94 Ap 00322662 2012/03/29 l KLAUS AND SONS 1,275.00 AP 00322663 2012/03/291 LAB SAFETY SUPPLY INC 34.26 AP 00322663 2012/03/29.1 LAB SAFETY SUPPLY INC 133.37 AP 00322664 2012/03/29 l LIMS AUTO INC 667.68 AP 00322664 2012/03/29 ( LIMS AUTO INC 294.30 AP 00322664 2012/03/29 ( LIMS AUTO INC 242.21 AP 00322664 2012/03/29 ( LIMS AUTO INC 38.12 AP 00322664 2012/03/29 ( LIMS AUTO INC 178.83 AP 00322666 2012/03/29 ( MAIN STREET SIGNS 915.93 AP 00322666 2012/03/29 ( MAIN STREET SIGNS 1,060.37 AP 00322666 2012/03/29 ( MAIN STREET SIGNS 19,933:21 AP 00322666 2012/03/29 ( MAIN STREET SIGNS 107.75 AP 00322666 2012/03/29 ( MAIN STREET SIGNS 635.19 AP 00322667 2012/03/29 ( NEC UNIFIED SOLUTIONS INC 1,690.00 AP 00322668 2012/03/291 SUNRISE FORD 594.13 AP 00322669 2012/03/29 ( TRUGREEN LANDCARE 1,139.96 AP 00322669 2012/03/291 TRUGREEN LANDCARE 831.23 AP 00322669 2012/03/291 TRUGREEN LANDCARE 2,327.76 AP 00322451 2012/03/28 I ABSG CONSULTING INC 6,750.00 Ap 00322452 2012/03/281 ACADEMIC SERVICES GROUP 3,000.00 Ap 00322453 2012/03/28 l ACEY DECY EQUIPMENT INC. 179.03 AP 00322454 2012/03/28 l ACTION AWARDS INC. 3,191.89 AP 00322455 2012/03/28 l ADOBE ANIMAL HOSPITAL 25.00 Ap 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 25.00 AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 25.00 AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 25.00 AP 00322455 2012/03/28 l ADOBE ANIMAL HOSPITAL 25.00 AP 00322455 2012/03/28 l ADOBE ANIMAL HOSPITAL 25.00 AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 25.00 User: VLOPEZ -Veronica Lopez Page: 3 Current Dale: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layou[ Time: 13:3 CITY OF RANCHO CUCAMONGA P22 Agenda Check Re¢ister 3/28/2012 through 4/10/2012 Check No. Check Date Vendor Name Amoum AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 25.00 AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 25.00 AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 25.00 AP 00322455 2012/03/28 l . ADOBE ANIMAL HOSPITAL 25.00 Ap 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 25.00 AP 00322455 2012/03/28 1 ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/281 ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/28 I ADOBE ANIMAL HOSPITAL 50.00 AP 00322455- 2012/03/28 ( ADOBE ANIMAL HOSPITAL 50.00 Ap 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/28 ( ADOBE AMMAL HOSPITAL ~ 50.00 AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 50.00 Ap 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/28 l ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/28 1 ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/281 ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/28 1 ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/28 I ADOBE ANIMAL HOSPITAL ~ 50.00 AP 00322455 2012/03/28 I ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/28 l ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL - 50.00 AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 50.00 AP 00322455 2012/03/28 ( ADOBE ANIMAL HOSPITAL 50.00 AP 00322456 2012/03/28 ( AEF SYSTEMS CONSULTING INC 2,800.00 AP 00322456 2012/03/28 ( AEF SYSTEMS CONSULTING INC 875.00 AP 00322457 2012/03/28 ( AEI-CASC ENGINEERING INC. 3,175.24 AP 00322458 2012/03/28 ( AGAPE EMPLOYMENT 170.50 AP 00322461 2012/03/28 ( AMERICAN MATERIAL HANDLING 408.38 AP 00322462 2012/03/28 ( AMERICAN TRAFFIC PRODUCTS INC 66.72 AP 00322463 2012/03/281 AMERINATIONAL COMMUNITY SERVICES INC. 164.00 AP 00322464 2012/03/281 ANDRADE, ELIZABETH 50.00 AP 00322466 2012/03/28 l ARAMARK UNIFORM SERVICES ~ 3.35 AP 00322467 2012/03/28 l AROCHO, ALMA 316.80 AP 00322467 2012/03/28 ( AROCHO, ALMA 96.00 AP 00322468 2012/03/28 ( ATM CONCRETE INC 500.00 AP 00322469 2012/03/28 ( AVANTS, MARGE 210.00 AP 00322469 2012/03/28 ( AVANTS, MARGE 75.00 AP 00322470 2012/03/28 ( BEARINGS & DRIVES INC. 8.28 AP 00322471 2012/03/28 ( BELLE'S PRINTING EXPRESS INC. 211.19 AP 00322472 2012/03/28 ( BERNELL HYDRAULICS INC 136.71 AP 00322472 2012/03/28 1 BERNELL HYDRAULICS INC ~ 4837 User: VLOPEZ -Veronica Lopez Page: 4 Current Dale: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Asettda Check Resister 3/28/2012 through 4/10/2012 P23 Check No. Check Date Vendor Name Amount AP 00322473 2012/03/28 ( BERTGES, RUTH 219.78 AP 00322474 2012/03/28 ( BEST GOLF CARTS INC. 472.50 AP 00322475 2012/03/281 BLR 285.73 AP 00322475 2012/03/281 BLR 24.29 AP 00322477 2012/03/281 CABLE INC. 252.00 AP 00322478 2012/03/28 ( CALIFA LII3RARY GROUP 6,000.00 AP 00322479 2012/03/28 ( CAREY SIGN GRAPHICS 192.40 AP 00322480 2012/03/28 ( CASE POWER AND EQUIPMENT 215.50 AP 00322480 2012/03/28 ( CASE POWER AND EQUIPMENT 306.59 AP 00322481 2012/03/28 ( CENTURYLINK BUSINESS SERVICES 1.66 AP 00322482 2012/03/28 ( CHAFFEY JOINT UNION HIGH SCHOOL DIST 405.60 AP 00322483 2012/03/28 ( CIRIACKS, VALERIE ANN 84.00 AP 00322483 2012/03/28 ( CIRIACKS, VALERIE ANN 60.00 AP 00322484 2012/03/28 ( CLARK, KAREN ~ 324.00 AP 00322485 2012/03/28 ( CLARKE PLUMBING SPECIALTIES INC. 250.36 AP 00322486 2012/03/28 I COCHERELL, DOREEN 114.00 AP 00322487 2012/03/28 l CONCEPT POWDER COATING 92.00 AP 00322487 2012/03/281 CONCEPT POWDER COATING 429.50 AP 00322488 2012/03/28 ( COOPER, CHERYL 432.00 Ap 00322488 2012/03/28 ( COOPER, CHERYL 54.00 AP 00322488 2012/03/28 ( COOPER, CHERYL 36.00 AP 00322489 2012/03/28 ( CRUZ, CRAIG 80.00 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 364.65 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 143.89 qp 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 53.91 Ap 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 66.08 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 292.90 AP 00322490 2012/03/281 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 343.52 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 154.32 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATERDISTRICT 163.01 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATERDISTRICT 197.77 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 161.27 Ap 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 80.74 AP 00322490 2012/03/28 l CUCAMONGA VALLEY WATER DISTRICT 69.55 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 291.75 Ap 00322490 2012/03/28 1 CUCAMONGA VALLEY WATER DISTRICT 89.98 AP 00322490 2012/03/28 1 CUCAMONGA VALLEY WATER DISTRICT 109.10 AP 00322490 2012/03/28 I CUCAMONGA VALLEY WATER DISTRICT 661.58 AP 00322490 2012/03/281 CUCAMONGA VALLEY WATER DISTRICT 170.79 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 3,371.01 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATERDISTRICT 55.20 AP 00322490 2012/03/281 CUCAMONGA VALLEY WATER DISTRICT 204.12 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 1,449.09 User: VLOPEZ -Veronica Lopez Page: 5 Current Dale: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Retr_ister 3/28/2012 through 4/10/2012 Check No. Check Date Vendor Name Amoum AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00322490 2012/03/28 l CUCAMONGA VALLEY WATER DISTRICT 116.49 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 893.84 AP 00322490 2012/03/28 ( CUCAMONGA VALLEY WATER DISTRICT 123.00 AP 00322491 2012/03/28 ( CURRY, KAREN 296.34 AP 00322492 2012/03/28 ( CYCLERY USA INC. 99.09 AP 00322493 2012/03/281 D & D SERVICES INC. 400.00 AP 00322494 2012/03/281 DAKOTA BACKFLOW CO. 1,700.00 AP 00322494 2012/03/28 I DAKOTA BACKFLOW CO. 255.00 AP 00322495 2012/03/28 l DAVEY RESOURCE GROUP 1,000.00 AP 00322496 2012/03/28 l DEPT OF IND RELATIONS (ACCTG) 23,415.71 AP 00322496 2012/03/28 ( DEPT OF IND RELATIONS (ACCTG) 12,408.20 AP 00322497 2012/03/28 ( DESIGNS BY KING 500.00 AP 00322498 2012/03/28 ( DIAMOND ENVIRONMENTAL SERVICES 212.37 AP 00322499 2012/03/28 ( DOLLARHIDE, GINGER 36.00 AP 00322499 2012/03/28 ( DOLLARHIDE, GINGER 48.00 AP 00322499 2012/03/28 ( DOLLARHIDE, GINGER 40.00 AP 00322500 2012/03/281 DUNN EDWARDS CORPORATION 30.82 AP 00322500 2012/03/28 1 DUNN EDWARDS CORPORATION 145.02 pP 00322500 2012/03/281 DUNNEDWARDSCORPORATION- 32.31 AP 00322500 2012/03/28 ( DUNN EDWARDS CORPORATION 493.54 AP 00322500 2012/03/28 ( DUNN EDWARDS CORPORATION 164.72 AP 00322500 2012/03/28 l DUNN EDWARDS CORPORATION 62.70 AP 00322500 2012/03/281 DUNN EDWARDS CORPORATION 188.66 AP 00322500 2012/03/28 ( DUNN EDWARDS CORPORATION 86.40 AP 00322501 2012/03/28 I DUNN, ANN MARIE 180.00 AP 00322501 2012/03/281 DUNN, ANN MARIE 108.00 AP 00322501 2012/03/28 f DUNN, ANN MARIE 189.00 AP 00322501 2012/03/28 ( DUNN, ANN MARIE 72.00 AP 00322501 2012/03/28 ( DUNN, ANN MARIE 108.00 AP 00322502 2012/03/28 ( EARLEY, IDA 172.80 Ap 00322503 2012/03/28 ( EASTERLING, RAY 105.60 AP 00322503 2012/03/28 ( EASTERLING, RAY 28.80 AP 00322503 2012/03/28 ( EASTERLING, RAY 9.60 Ap 00322504 2012/03/28 1 ELLIS ENTERPRISES 150.00 AP 00322504 2012/03/281 ELLIS ENTERPRISES 150.00 AP 00322505 2012/03/28 ( ELLISON-SCHNEIDER & HARRIS L.L.P. 1,708.00 AP 00322506 2012/03/281 ESTRELLA'S 295.00 AP 00322507 2012/03/28 ( FAB DIVERSIFIED SERVICES 536.29 AP 00322508 2012/03/28 ( FASTENAL COMPANY 193.95 AP 00322509 2012/03/28 ( FEDERAL EXPRESS CORP 21.89 AP 00322510 2012/03/28 ( FIRST CLASS HEATING & AIR INC. 5,382.00 AP 00322511 2012/03/28 ( FLAG SYSTEMS INC. 225.20 AP 00322514 2012/03/28 ( FORD OF UPLAND INC 164.28 P24 User: VLOPEZ -Veronica Lopez Page: 6 Curren[ Date: 04/11/: Report CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/28/2012 through 4/10/2012 P25 Check No. Check Date Vendor Name Amoum AP 003225 l4 2012/03/28 ( FORD OF UPLAND INC 48.02 AP 003225 l6 2012/03/28 ( FRANK FERRANTE PRODUCTIONS INC. 6,750.00 AP 00322518 2012/03/281 FRAZEE PAINT CENTER 48.79 AP 00322518 2012/03/281 FRAZEE PAINT CENTER 171.75 AP 00322518 2012/03/28 f FRAZEE PAINT CENTER 10.86 AP 00322519 2012/03/28 I FRISBY, DALE A 3,744.00 AP 00322519 2012/03/28 ( FRISBY, DALE A 10,233.60 AP 00322520 2012/03/28 ( GAMBOA, MINERVA 23.31 AP 00322520 2012/03/28 ( GAMBOA, MINERVA 5.00 AP 00322521 2012/03/28 ( GEOGRAPHICS 239.74 AP 00322522 2012/03/28 ( GD,MAN, JIM 400.00 AP 00322523 2012/03/28 ( GIORDANO, MARIANNA 115.20 AP 00322524 2012/03/28 ( GRAINGER 103.50 AP 00322524 2012/03/28 ( GRAINGER 1,765.46 AP 00322524 2012/03/28 ( GRAINGER -59.32 AP 00322524 2012/03/281 GRAINGER 98.48 AP 00322524 2012/03/28 ( GRAINGER 1,339.SS AP 00322524 2012/03/281 GRAINGER 1S8.S5 AP 00322524 2012/03/28 ( GRAINGER 67.70 AP 00322524 2012/03/281 GRAINGER 19.74 AP 00322524 2012/03/281 GRAINGER 194.40 AP 00322S2S 2012/03/281 GRANICUS INC 1,100.00 AP 00322526 2012/03/28 ( GRAPHICS FACTORY PRINTING INC. 48.49 AP 00322527 2012/03/281 GROWESTNURSERIES 175.00 AP 00322527 2012/03/28 ( GROWEST NURSERIES 175.00 AP 00322527 2012/03/281 GROWESTNURSERIES 2,636.11 AP 00322528 2012/03/28 ( GUIDANCE SOFTWARE INC 2,424.94 AP 00322529 2012/03/28 l HAMILTON, MONIQUE SS.00 AP 00322529 2012/03/28 ( HAMILTON, MONIQUE ~ 170.00 AP 00322529 2012/03/28 ( HAMILTON, MONIQUE 35.00 AP 00322529 2012/03/28 ( HAMILTON, MONIQUE 190.00 AP 00322529 2012/03/28 ( HAMILTON, MONIQUE 153.00 AP 00322530 2012/03/28 ( HANSHAW, DIANE 81.59 AP 00322531 2012/03/28 ( HAWTHORNE LIFT SYSTEMS 66.87 Ap 00322532 2012/03/281 HAY, SHARON 21.00 AP ~ 00322533 2012/03/281 HEARTSAVERS LLC 100.00 AP 00322533 2012/03/281 HEARTSAVERS LLC 110.00 AP 00322534 2012/03/28 ( HERNANDEZ, XOCHITL 450.00 Ap 00322S3S 2012/03/28 ( HILLS PET NUTRITION SALES INC 226.28 AP 00322S3S 2012/03/28 ( HILLS PET NUTRITION SALES INC 86.07 AP 00322536 2012/03/28 ( HOME DEPOT CREDIT SERVICES 34.58 AP 00322536 2012/03/28 ( HOME DEPOT CREDIT SERVICES 10.29 AP 00322537 2012/03/28 ( HOOD, KARYE 14.08 AP 00322538 2012/03/28 ( HOSE MAN INC 17.76 AP 00322538 2012/03/28 ( HOSE MAN INC 83.SS User: VLOPEZ -Veronica Lopez Page: 7 Current Date: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Re¢ister 3/28/2012 through 4/10/2012 P26 Check No. Check Dale Vendor Name Amoum AP 00322540 2012/03/28 ( HUB CONSTRUCTION SPECIALITIES INC 134.41 AP 00322541 2012/03/281 HUMANE SOCIETY OF SAN BERNARDINO VALL: 748.00 AP 00322542 2012/03/281 IMSA 180.00 AP 00322542 2012/03/281 IMSA 60.00 AP 00322543 2012/03/28 ( IMSA 250.00 AP 00322543 2012/03/28 f IMSA 250.00 AP 00322544 2012/03/28 ( INDEPENDENT STATIONERS 102.16 AP 00322544 2012/03/28 ( INDEPENDENT STATIONERS 13.24 AP 00322544 2012/03/28 ( INDEPENDENT STATIONERS 17.89 AP 00322544 2012/03/28 ( INDEPENDENT STATIONERS 138.78 AP 00322544 2012/03/28 ( INDEPENDENT STATIONERS 121.01 AP 00322544 2012/03/28 ( INDEPENDENT STATIONERS 73.86 AP 00322544 2012/03/28 ( INDEPENDENT STATIONERS 54.85 AP 00322544 2012/03/28 l INDEPENDENT STATIONERS 105.97 AP 00322544 2012/03/28 ( INDEPENDENT STATIONERS 84.27 AP 00322544 2012/03/28 ( INDEPENDENT STATIONERS -10.29 AP 00322544 2012/03/281 INDEPENDENT STATIONERS 593.25 AP 00322544 2012/03/281 INDEPENDENT STATIONERS 51.66 AP 00322544 2012/03/281 INDEPENDENT STATIONERS -1 t.37 AP 00322547 2012/03/28 ( JAMES, ISAAC 200.00 AP 00322548 2012/03/28 ( JAN, WEI-SHU 132.00 AP 00322549 2012/03/28 ( JOBS AVAILABLE INC 409.50 AP 00322551 2012/03/28 ( LAIRD CONSTRUCTION CO 1,835.00 AP 00322554 2012/03/28 ( LITTLE BEAR PRODUCTIONS 600.00 AP 00322554 2012/03/28 ( LITTLE BEAR PRODUCTIONS 125.00 AP 00322555 2012/03/28 ( LOS ANGELES FREIGHTLINER 62.33 AP 00322555 2012/03/28 ( LOS ANGELES FREIGHTLINER 2,348.98 AP 00322555 2012/03/28 ( LOS ANGELES FREIGHTLINER 251.97 AP 00322555 20]2/03/28 ( LOS ANGELES FREIGHTLINER 117.86 AP 00322556 2012/03/281 LVD RANCHO CUCAMONGA LLC 43.85 AP 00322557 2012/03/281 MAJEED, ROBINA 925.00 AP 00322558 2012/03/281 MARK CHRISTOPHER INC 21.10 AP 00322559 2012/03/28 I MATHISEN OIL CO INC 151.23 Ap 00322560 2012/03/28 l MAUK, MELISSA 210.00 AP 00322560 2012/03/28 l MAUK, MELISSA 216.00 AP 00322561 20]2/03/28 ( METROPCS WIRELESS INC 50.00 AP 00322562 2012/03/28 ( MITSUBISHI ELECTRIC & ELECTRONICS USA IN~ 579.04 AP 00322563 2012/03/28 ( MOUNTAIN VIEW SMALL ENG REPAIR 436.13 AP 00322563 2012/03/28 ( MOUNTAIN VIEW SMALL ENG REPAIR 43.72 AP 00322563 2012/03/28 ( MOUNTAIN VIEW SMALL ENG REPAIR 15.00 AP 00322563 2012/03/28 l MOUNTAIN VIEW SMALL ENG REPAIR 32.16 AP 00322563 2012/03/28 l MOUNTAIN VIEW SMALL ENG REPAIR 969.89 AP 00322564 2012/03/281 MUNICIPAL MAINTENANCE EQUIPMENT INC 63.91 AP 00322565 2012/03/281 NAPA AUTO PARTS 131.76 Ap 00322565 2012/03/281 NAPA AUTO PARTS 15.28 User: VLOPEZ -Veronica Lopez Page: 8 Curren[ llate: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Re¢ister 3/28/2012 through 4/10/2012 Check No. AP 00322565 AP 00322565 AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00322565 00322565 00322565 00322565 00322565 00322565 00322565 00322565 00322566 00322566 00322566 00322566 00322567 00322568 00322569 00322570 00322570 00322571 00322571 00322571 00322572 00322572 00322572 00322573 00322574 00322575 00322576 00322577 00322578 00322578 00322579 00322580 00322580 00322581 00322582 00322583 00322585 00322586 00322587 00322588 00322589 00322590 00322590 Check Dale Vendor Name 2012/03/28 ( NAPA AUTO PARTS 2012/03/28 ( NAPA AUTO PARTS 2012/03/28 ( NAPA AUTO PARTS 2012/03/28 1 NAPA AUTO PARTS 2012/03/28 ( NAPA AUTO PARTS 2012/03/28 ( NAPA AUTO PARTS 2012/03/28 ( NAPA AUTO PARTS 2012/03/28 ( NAPA AUTO PARTS 2012/03/28 ( NAPA AUTO PARTS 2012/03/28 ( NAPA AUTO PARTS 2012/03/28 ( NITHYA, SARVASMARANA 2012/03/28 ( NITHYA, SARVASMARANA 2012/03/28 ( NITHYA, SARVASMARANA 2012/03/28 ( NITHYA, SARVASMARANA 2012/03/28 l O'REILLY AUTO PARTS 2012/03/281 OFFICE DEPOT 2012/03/28 l ONTARIO WINNEL80N CO 2012/03/28 ( ORONA, PATRICIA 2012/03/28 ( ORONA, PATRICIA 2012/03/28 ( OTT, LAURA 2012/03/28 ( OTT, LAURA 2012/03/281 OTT, LAURA 2012/03/28 1 OTT, SHARON 2012/03/28 l OTT, SHARON 2012/03/281 OTT, SHARON 2012/03/281 PAHIA, REGINALD 2012/03/28 ( PAHIA, REGINALD 2012/03/28 ( PATTON SALES CORP 2012/03/28 ( PEPSI-COLA 2012/03/28 ( PETERMAN LUMBER INC 2012/03/28 ( PETES ROAD SERVICE INC 2012/03/281 PETES ROAD SERVICE INC 2012/03/28 ( PHOENIX GROUP INFORMATION SYSTEMS 2012/03/281 PORAC LEGAL DEFENSE FUND 2012/03/281 PORAC LEGAL DEFENSE FUND 2012/03/28 ( PRO-PLANET INDUSTRIAL SUPPLY 2012/03/28 l PSA PRINTING AND MAILING SERVICES INC 2012/03/28 ( PUBLIC GROUP OF CALIFORNIA, THE 2012/03/28 ( RANCHO DISPOSAL SERVICES INC 2012/03/28 ( RDO TRUST #80-5800 2012/03/28 ( RED WING SHOE STORE 2012/03/28 l RICHARD LUCKETT CONSTRUCTION & ROOFING 2012/03/281 RICHARDS WATSON AND GERSHON 2012/03/28 I ROBLES, RAUL P 2012/03/28 ( ROBLES, RAUL P Amoum 58.23 10.06 16.37 155.82 52.17 133.71 -85.29 30.71 222.25 247.16 204.00 204.00 192.00 240.00 51.13 1,231.58 129.30 1,540.00 385.00 408.00 285.00 27.00 315.00 240.00 75.00 36.01 76.80 61.20 661.80 97.98 483.37 110.61 488.53 144.00 9.00 757.91 2,122.23 0.72 1,760.00 168.91 200.00 750.00 76.00 75.00 75.00 P27 User: VLOPEZ -Veronica Lopez Page: 9 Current Date: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layou[ Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Resister 3/28/2012 through 4/10/2012 P28 Check No. Check Date Vendor Name Amount AP 00322590 2012/03/28 ( ROBLES, RAUL P 75.00 AP 00322590 2012/03/28 ( ROBLES, RAUL P 125.00 AP 00322590 2012/03/281 ROBLES, RAUL P 100.00 AP 00322591 2012/03/28 I RYERSON, JANET 489.96 AP 00322592 2012/03/28 I SAN BERNARDINO CO AUDITOR CONT 294.00 AP 00322592 2012/03/28 I SAN BERNARDINO CO AUDITOR CONT 294.00 AP 00322592 2012/03/281 SAN BERNARDBJO CO AUDITOR CONT 392.00 AP 00322592 2012/03/28 ( SAN BERNARDINO CO AUDITOR CONT 588.00 AP 00322592 2012/03/28 ( SAN BERNARDINO CO AUDITOR CONT 294.00 AP 00322592 2012/03/28 ( SAN BERNARDINO CO AUDITOR CONT 570.00 AP 00322592 2012/03/28 ( SAN BERNARDINO CO AUDITOR CONT 1,200.00 AP 00322593 2012/03/28 ( SAN BERNARDINO CTY AUDITOR CONTROLLER 36.00 AP 00322593 2012/03/28 ( SAN BERNARDINO CTY AUDITOR CONTROLLER 126.00 AP 00322594 2012/03/28 l SAN BERNARDINO CTY OFFICE OF THE ASSESSt 840.00 AP 00322595 2012/03/281 SANCHEZ, PONCHO 13,500.00 AP 00322596 2012/03/281 SENECHAL, CALVIN 108.00 AP 00322596 2012/03/281 SENECHAL, CALVIN - 93.60 AP 00322596 2012/03/281 SENECHAL, CALVIN 45.00 AP 00322596 2012/03/281 SENECHAL, CALVIN 27.00 AP 00322596 2012/03/281 SENECHAL, CALVIN 9.00 AP 00322596 2012/03/281 SENECHAL, CALVIN 112.20 AP 00322596 2012/03/28 ( SENECHAL, CALVIN 94.20 AP 00322596 2012/03/28 ( SENECHAL, CALVIN 130.20 AP 00322596 2012/03/28 ( SENECHAL, CALVIN 119.40 AP 00322598 2012/03/28 ( SMIDERLE, BEA 110.00 AP 00322599 2012/03/28 ( SO CALIF GAS COMPANY 14.79 AP 00322599 2012/03/28 ( SO CALIF GAS COMPANY 6.93 AP 00322599 2012/03/281 SO CALIF GAS COMPANY 5.26 Ap 00322599 2012/03/28 l SO CALIF GAS COMPANY 10.03 AP 00322599 2012/03/28 ( SO CALIF GAS COMPANY 2,908.19 AP 00322599 2012/03/28 ( SO CALIF GAS COMPANY 828.90 AP 00322599 2012/03/28 ( SO CALIF GAS COMPANY 81.01 AP 00322599 2012/03/28 ( SO CALIF GAS COMPANY 3,610.58 AP 00322599 2012/03/281 SO CALIF GAS COMPANY 409.90 AP 00322599 2012/03/281 SO CALIF GAS COMPANY - 379.49 AP 00322599 2012/03/28 l SO CALIF GAS COMPANY 2,450.32 Ap 00322600 2012/03/28 ( SO CALIF GAS COMPANY 977.57 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 4,064.26 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.76 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.76 AP 00322607 20] 2/03/28 ( SOUTHERN CALIFORNIA EDISON 22.64 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 21.78 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 22.76 Ap 00322607 2012/03/28 1 SOUTHERN CALIFORNIA EDISON 21.39 Ap 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 140.34 User: VLOPEZ -Veronica Lopez Page: 10 Current Date: 04/11/; Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/28/2012 through 4/10/2012 P29 Check No. Check Date Vendor Name Amount Ap 00322607 2012/03/28 I SOUTHERN CALIFORNIA EDISON 22.12 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 21.26 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 24.36 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 23.21 Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.72 AP 00322607 2012/03/28 f SOUTHERN CALIFORNIA EDISON 24.23 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 24.23 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 24.11 Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.18 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.76 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 54.76 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 75.02 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 59.16 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 103.59 AP 00322607 2012/03/28 1 SOUTHERN CALIFORNIA EDISON 21.26 AP 00322607 2012/03/28 I SOUTHERN CALIFORNIA EDISON 22.89 AP 00322607 2012/03/28 I SOUTHERN CALIFORNIA EDISON 22.64 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 22.96 AP 00322607 2012/03/28 I SOUTHERN CALIFORNIA EDISON 68.49 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 151.22 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 24.38 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 27.07 AP 00322607 2012/03/28 I SOUTHERN CALIFORNIA EDISON 27.71 Ap 00322607 2012/03/28 I SOUTHERN CALIFORNIA EDISON 22.76 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 22.76 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 22.76 Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 27.28 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 31.03 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 62.32 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 26.76 AP 00322607 2012/03/28 1 SOUTHERN CALIFORNIA EDISON 23.40 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 22.89 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 26.24 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 22.64 Ap 00322607 2012/03/28 1 SOUTHERN CALIFORNIA EDISON 22.64 Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 23.53 Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.18 Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.38 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.76 Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.64 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 21.26 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.76 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 103.44 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 21.26 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.72 User: VLOPEZ -Veronica Lopez Page: I 1 ~ Curren[ Dale: 04/11/: Repor[: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Resister 3/28/2012 through 4/10/2012 P30 Check No. Check Dale Vendor Name Amount AP 00322607 2012/03/28 I SOUTHERN CALIFORNIA EDISON 374.04 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 22.18 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 98.77 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 63.59 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 121.58 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 21.99 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.76 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 473.32 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 63.87 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 65.72 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 36.18 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 46.49 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 24.23 Ap ~ 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 24.23 AP 00322607 _ 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 51.82 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 24.11 Ap 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 25.00 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 22.18 AP 00322607 2012/03/28 1 SOUTHERN CALIFORNIA EDISON 55.81 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 26.24 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 22.76 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 24.23 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 22.76 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 93.80 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.64 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 23.15 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.76 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 32.06 Ap 00322607 2012/03/28 d SOUTHERN CALIFORNIA EDISON 54.19 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.76 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.64 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.64 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 22.38 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 28.44 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 3,406.02 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 84.64 AP 00322607 2012/03/28 1 SOUTHERN CALIFORNIA EDISON 22.51 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.76 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.71 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.84 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 60.92 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 68.23 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 30.64 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 24.31 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.96 User: VLOPEZ -Veronica Lopez Page: 12 Curren[ Date: 04/11/: Report; CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Asenda Check Resister 3/28/2012 through 4/10/2012 P31 Check No. Check Date Vendor Name Amoum AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 24.31 AP 00322607 2012/03/28 f SOUTHERN CALIFORNIA EDISON 14.58 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 67.56 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 29.14 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 200.64 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 24.56 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.96 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 24.31 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 1,241.24 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 22.71 AP 00322607 2012/03/28 1 SOUTHERN CALIFORNIA EDISON 24.31 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 106.15 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 26.35 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 22.84 AP 00322607 2012/03/28 f SOUTHERN CALIFORNIA EDISON 22.64 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 26.86 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 112.13 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 564.60 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 45.1 I AP 00322607 20] 2/03/28 l SOUTHERN CALIFORNIA EDISON 63.05 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 22.19 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 22.96 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 42.51 Ap 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 22.84 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 22.84 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 66.48 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 22.96 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.96 Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 84.56 AP 00322607 2012/03/28 f SOUTHERN CALIFORNIA EDISON 24.56 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.84 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 32.95 Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON ~ 25.32 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 22.84 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 22.84 AP 00322607 2012/03/281 SOUTHERN CALIF012NIA EDISON 22.84 AP 00322607 2012/03/28 I SOUTHERN CALIFORNIA EDISON 22.84 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 535.29 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 22.44 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 24.31 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 37.94 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 21.46 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 27.75 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.18 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 7L58 User: VLOPEZ -Veronica Lopez Page: 13 Current Date: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layou[ Time: 13:3 C[TY OF RANCHO CUCAMONGA Agenda Check Re¢ister 3/28/2012 through 4/10/2012 Check No. Check Dale Vendor Name AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 I SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 f SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORMA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 1 SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 I SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON Ap 00322607 2012/03/28 f SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 l SOUTHERN CALIFORMA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON Ap 00322607 2012/03/28 1 SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 1 SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON Ap 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON Ap 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 f SOUTHERN CALIFORNIA EDISON AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON P32 Amoum 22.84 22.96 22.84 21.46 23.87 112.28 50.24 20.88 50.11 22.84 72.18 67.53 23.09 46.90 76.62 22.96 100.52 22.96 62.22 2,902.95 61.89 21.59 21.45 57.87 22.84 36.39 37.71 24.56 22.96 22.84 25.19 604.24 335.33 50.99 23.35 24.43 256.30 137.46 165.92 43.07 54.84 57.94 57.10 22.84 81.60 User: VLOPEZ -Veronica Lopez Page: 14 Report: CK_AGENDA_REG_PORTRA[T_RC - CK: Agenda Check Register Portrait Layout Current Date: 04/11/: Time: 13:3 CITY OF RANCHO CUCAMONGA AEenda Check Re¢ister 3/28/2012 through 4/10/2012 P33 Check No. Check Date Vendor Name Amoum AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 46.07 AP 00322607 2012/03/28 1 SOUTHERN CALIFORNIA EDISON 78.34 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 36.86 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 354.27 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 42.86 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 231.06 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON - 246.66 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 24.27 Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 45.13 Ap 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 86.25 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 28.04 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.57 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 70.20 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 25.20 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.84 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 33.26 AP 00322607 2012/03/28 1 SOUTHERN CALIFORNIA EDISON 27.17 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.84 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 22.84 Ap 00322607 2012/03/28 I SOUTHERN CALIFORNIA EDISON 47.80 AP 00322607 2012/03/28 I SOUTHERN CALIFORNIA EDISON 22.96 AP 00322607 2012/03/28 1 SOUTHERN CALIFORNIA EDISON 22.97 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 86.51 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 268.20 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 24.56 AP 00322607 2012/03/281 SOUTHERN CALIFORNIA EDISON 22.96 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.84 AP 00322607 2012/03/28 l SOUTHERN CALIFORNIA EDISON 1.70 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 22.18 AP 00322607 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 69.04 AP 00322608 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 1,736.73 AP 00322608 2012/03/28 ( SOUTHERN CALIFORNIA EDISON 268.11 AP 00322610 2012/03/28 ( STAPLETON, JOSHUA 276.50 AP 00322611 2012/03/28 ( STEEVE, WILMA 53.25 AP 00322611 2012/03/28 ( STEEVE, WILMA 67.65 AP 00322612 2012/03/28 ( SUNGARD PUBLIC SECTOR INC 50.00 AP 00322612 2012/03/28 ( SUNGARD PUBLIC SECTOR INC 100.00 AP 00322612 2012/03/28 ( SUNGARD PUBLIC SECTOR INC 300.00 AP 00322613 2012/03/28 l THEATRE COMPANY, THE 2,555.00 AP 00322614 2012/03/28 l THEATRE FOR YOUNG AUDIENCES USA 325.00 AP 00322615 2012/03/281 THOMPSON PLUMBING SUPPLY 655.12 AP 00322616 2012/03/28 ( TRACEY, VAL 384.00 AP 00322616 2012/03/28 ( TRACEY, VAL 374.40 AP 00322616 2012/03/28 ( TRACEY, VAL 307.20 AP 00322616 2012/03/28 ( TRACEY, VAL 182.40 User: VLOPEZ -Veronica Lopez Page: 15 Current Dale: 04/11/: Report CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/28/2012 through 4/10/2012 P34 Check No. Check Date Vendor Name Amount Ap 00322617 2012/03/28 ( TRISTAN, ELSA 64.79 AP 00322618 2012/03/28 ( U.S. LEGAL SUPPORT INC. 191.38 AP 00322618 2012/03/28 l U.S. LEGAL SUPPORT INC. 250.26 AP 00322619 2012/03/28 ( UNDERGROUND SVC ALERT OF SO CAL 309.00 AP 00322620 2012/03/28 l UNIFIRST UNIFORM SERVICE 44.00 AP 00322620 2012/03/28 1 UNIFIRST UNIFORM SERVICE 795.62 AP 00322620 2012/03/28 1 UNIFIRST UNIFORM SERVICE 171.34 AP 00322620 2012/03/28 l UNIFIRST UNIFORM SERVICE 72.40 AP 00322620 2012/03/28 1 UNIFIRST UNIFORM SERVICE 30.80 AP 00322620 2012/03/28 I UNIFIRST UNIFORM SERVICE 761.20 AP 00322620 2012/03/28 l UNIFIRST UNIFORM SERVICE 131.53 AP 00322620 2012/03/28 ( UNIFIRST UNIFORM SERVICE 30.12 AP 00322620 2012/03/28 ( UNIFIRST UNIFORM SERVICE 44.00 AP 00322620 2012/03/28 f UNIFIRST UNIFORM SERVICE 753.60 AP 00322620 2012/03/28 ( UNIFIRST UNIFORM SERVICE 129.25 AP 00322620 2012/03/28 ( UNIFIRST UNIFORM SERVICE 44.00 AP 00322620 2012/03/28 ( UNIFIRST UNIFORM SERVICE 728.62 AP 00322620 2012/03/28 ( UNIFIRST UNIFORM SERVICE 129.25 AP 00322620 2012/03/28 ( UNIFIRST UNIFORM SERVICE 30.80 AP 00322620 2012/03/28 ( UNIFIRST UNIFORM SERVICE 30.42 AP 00322621 2012/03/28 ( UNION BANK OF CALIFORNIA PARS TRUSTEE 1,870.88 AP 00322622 2012/03/25 ( UNION BANK OF CALIFORNIA PARS TRUSTEE 28,191.18 AP 00322623 2012/03/28 ( UNION BANK OF CALIFORNIA PARS TRUSTEE 3,900.00 AP 00322624 2012/03/28 l UNITED ROTARY BRUSH CORPORATION 646.35 Ap 00322624 2012/03/28 l UNITED ROTARY BRUSH CORPORATION 519.67 AP 00322625 2012/03/28 l UNITED SITE SERVICES OF CA INC 217.78 AP 00322625 2012/03/28 1 UNITED SITE SERVICES OF CA INC 10.60 AP 00322626 2012/03/28( UPS 72.66 AP 00322626 2012/03/281 UPS 22.88 AP 00322626 2012/03/281 UPS 34.03 AP 00322626 2012/03/28 ( UPS 28.86 AP 00322626 2012/03/28 ( UPS 36.74 AP 00322627 2012/03/28 ( USHER, AMANDA 40.00 AP 00322628 2012/03/28 ( UTILIQUEST 775.60 AP 00322629 2012/03/28 ( VASTA, WILLIAM 228.97 AP 00322629 2012/03/28 ( VASTA, WILLIAM 228.97 AP 00322630 2012/03/28 ( VERITEXT 688.85 AP 00322631 2012/03/28 ( VERIZON BUSINESS 1,653.19 AP 00322632 2012/03/28 ( VERIZON CALIFORNIA 79.38 AP 00322632 2012/03/28 1 VERIZON CALIFORNIA 584.72 Ap 00322632 2012/03/28 1 VERIZON CALIFORNIA 116.03 AP 00322632 2012/03/28 I VERIZON CALIFORNIA ~ 40.78 AP 00322632 2012/03/28 ( VERIZON CALIFORNIA 68.00 Ap 00322632 2012/03/28 1 VERIZON CALIFORNIA 42.49 AP 00322632 2012/03/28 1 VERIZON CALIFORNIA 116.03 User: VLOPEZ -Veronica Lopez Page: 16 Current Dale: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/28/2012 through 4/10/2012 P35 Check No. Check Date Vendor Name Amoum AP 00322632 2012/03/28 ( VERIZON CALIFORNIA 37.51 AP 00322632 2012/03/28 ( VERIZON CALIFORNIA 19.31 AP 00322632 2012/03/28 l VERIZON CALIFORNIA 35.86 AP 00322632 2012/03/281 VERIZON CALIFORNIA 20.25 AP 00322632 2012/03/28 I VERIZON CALIFORNIA 38.68 AP 00322632 2012/03/28 f VERIZON CALIFORNIA 37.51 AP 00322632 2012/03/28 ( VERIZON CALIFORNIA 18.66 AP 00322632 2012/03/28 ( VERIZON CALIFORNIA 37.51 AP 00322632 2012/03/28 ( VERILON CALIFORNIA 38.68 AP 00322632 2012/03/28 ( VERIZON CALIFORNIA 38.68 AP 00322632 2012/03/28 l VERIZON CALII'OItNIA 81.15 AP 00322632 2012/03/28 l VERIZON CALIFORNIA 929.52 AP 00322632 2012/03/28 1 VERIZON CALIFORNIA 18.15 Ap 00322632 2012/03/28 1 VERIZON CALIFORNIA 37.51 AP 00322632 2012/03/28 I VERIZON CALIFORNIA 20.52 AP 00322633 2012/03/28 f VISTA PAINT 574.03 AP 00322633 2012/03/28 ( VISTA PAINT' 190.57 AP 00322633 2012/03/28 ( VISTA PAINT 116.39 AP 00322634 2012/03/28 ( WALTERS WHOLBSAI_E ELECTRIC CO 144.96 AP 00322634 2012/03/28 ( WALTERS WHOLESALE ELECTRIC CO 247.83 AP 00322634 2012/03/28 ( WALTERS WHOLESALE ELECTRIC CO 429.96 AP 00322634 2012/03/28 ( WALTERS W FIOI_ESALE ELECTRIC CO 199.59 AP 00322634 2012/03/28 ( WALTERS WHOLESALE ELECTRIC CO 183.30 AP 00322634 2012/03/28 ( WALTERS W IiOLESALE ELECTRIC CO ~ 296.63 AP 00322634 2012/03/28 l WALTERS WHOLESALE ELECTRIC CO 108.11 Ap 00322635 2012/03/28 ( WAXIE SANITARY SUPPLY 111.97 AP 00322635 2012/03/28 ( WAXIE SANITARY SUPPLY 327.39 AP 00322635 2012/03/28 ( WAXIE SAN("I'ARY SUPPLY 526.51 AP 00322635 2012/03/28 ( WAXIE SANITARY SUPPLY 339.28 AP 00322636 2012/03/28 ( WEIR, JEWEI_L 86.00 AP 00322636 2012/03/28 ( WEIR, IEWELL 140.00 AP 00322637 20]2/03/28 ( WESCO RECEIVABLES CORP -321.74 AP 00322637 2012/03/28 ( WESCO RECEIVABLES CORP 321.74 AP 00322637 2012/03/281 WESCO RECEIVABLES CORP 3,866.07 AP 00322637 2012/03/28 1 WESCO RECEIVABLES CORP 88894 Ap 00322637 2012/03/281 WESCO RECEIVABLES CORP 742.40 AP 00322638 2012/03/281 WEST PAYMEN'C CENTER 343.47 AP 00322639 2012/03/281 WESTCOAS'I' MEDIA 900.50 AP 00322639 2012/03/28 ( WESTCOAST MLUTA ~ 450.25 AP 00322639 2012/03/28 ( WESTCOAST MEDIA 450.25 AP 00322641 2012/03/28 ( WESTRUX INTERNATIONAL INC 73.40 AP 00322641 2012/03/281 WESTRUX INTERNATIONAL INC 48.41 AP 00322642 2012/03/28 1 WILLDAN ASSOCIATES 6,084.00 AP 00322643 2012/03/281 WINZERCORPORATION 137.98 AP 00322644 2012/03/281 YORK INDUSTRIES 1,241.28 User: VLOPEZ -Veronica Lopez Page: 17 Curren[ Dale: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Atenda Check Register 3/28/2012 through 4/10/2012 P36 Check No. Check Dale Vendor Name Amount AP 00322645 2012/03/28 I ZAILO, ROBERT W 15.60 AP 00322646 2012/03/28 l ZEE MEDICAL INC 314.93 AP 00322647 2012/03/28 ( ZEP MANUFACTURING COMPANY 768.04 AP 00322648 2012/03/28 ( ZIRGES, ARLENE 168.00 AP 00322670 2012/03/29 ( TW TELECOM 3,970.50 AP 00322671 2012/04/04 ( ACCESSDATA CORP. 840.00 AP 00322672 2012/04/04 t AED BRANDS 4,410.00 AP 00322673 2012/04/04 ( AGAPE EMPLOYMENT 328.21 AP 00322674 2012/04/041 AGILINE INC 1,780.00 AP 00322674 2012/04/041 AGILINE INC 100.00 AP 00322674 2012/04/041 AGILINE [NC 1,440.00 AP 00322674 2012/04/04 l AGILINE INC 160.00 Ap 00322676 2012/04/04 I ALL CITY MANAGEMENT SERVICES INC. 16,820.35 AP 00322677 2012/04/04 ( ALLEGIANT BUSINESS FINANCE 445.50 AP 00322677 2012/04/041 ALLEGIANT BUSINESS FINANCE 594.00 AP 00322678 2012/04/04 ( ALLIANT INSURANCE SERVICES INC. 2,713.27 Ap 00322679 2012/04/04 ( AMERICAN TRAINING RESOURCES INC 1,076.68 AP 00322680 2012/04/04 ( ANGU[ANQ, MARK 500.00 AP 00322681 2012/04/04 ( ANTECH DIAGNOSTICS 920.28 AP 00322681 2012/04/04 t ANTECH DIAGNOS7lCS 14.21 Ap 00322682 2012/04/04 ( ANZ APPAREL 1,045.97 AP 00322683 2012/04/04 ( APPLIED METERING TECHNOLOGIES INC 8,683.05 AP 00322684 2012/04/04 ( ARAMARK UNIFORM SERVICES 3.35 AP 00322685 2012/04/04 ( ARCHIBALD PET HOSPITAL 275.00 Ap 00322686 2012/04/04 ( ARTISTIC COVERINGS 2,485.32 AP 00322687 2012/04/041 BARKSHIRE LASER LEVELING INC. 1,100.00 AP 00322688 2012/04/041 BARRETO, RAQUEL M. 733.00 AP 00322689 2012/04/04 l BEDKE, CHRIS 250.00 AP 00322690 2012/04/041 BRAMBILA, RUBEN 5,833.33 AP 00322691 2012/04/04 ( BUILDING BLOCK ENTERTAINMENT INC 1,900.00 AP 00322692 2012/04/04 l BU"I'LER SCHEIN ANIMAL HEALTH SUPPLY 101.72 AP 00322694 2012/04/04 ( CAL PERS LONG TERM CARE 691.60 AP 00322695 2012/04/04 ( CALIFORMA BLDG STANDARDS COMM 615.60 AP 00322696 2012/04/04 ( CALIFORNIA ELECTROMC ENTRY. 203.65 AP 00322697 2012/04/04 ( CALIFORNIA FRANCHISE TAX BOARD 50.00 AP 00322698 2012/04/04 ( CALIFORMA FRANCHISE TAX BOARD 100.00 AP 00322699 2012/04/04 ( CALIFORMA FRANCHISE TAX BOARD 72.50 AP 00322700 2012/04/04 l CALIFORNIA FRANCHISE TAX BOARD 100.00 AP 00322701 2012/04/04 l CALIFORMA FRANCHISE TAX BOARD 50.00 AP 00322702 2012/04/041 CALIFORNIA FRANCHISE TAX BOARD 294.29 AP 00322703 2012/04/041 CALIFORNIA FRANCHISE TAX BOARD ~ 150.00 Ap 00322704 2012/04/04 ( CALIFORNIA FRANCHISE TAX BOARD 111.93 AP 00322705 2012/04/04 ( CALIFORNIA FRANCHISE TAX BOARD 100.00 AP 00322706 2012/04/04 ( CASCADE TURF LLC 706.97 AP 00322706 2012/04/04 ( CASCADE TURF LLC 79.48 User: VLOPEZ -Veronica Lopez Page: 18 Current Date; 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Resister 3/28/2012 through 4/10/2012 P37 Check No. Check Date Vendor Name Amoum AP 00322707 2012/04/04 f CELLEBRITE USA 2,998.99 AP 00322708 2012/04/04 ( CHARTER TRANSPORTATION INC. ~ 350.00 AP 00322709 2012/04/04 ( CHILD SUPPORT ENFORCEMENT DIVISION 175.00 AP 00322711 2012/04/04 ( CITY RENTALS 565.00 AP 00322712 2012/04/04 ( CONTACT SECURITY INC 363.72 AP 00322712 2012/04/04 ( CONTACT SECURITY INC 5,377.86 AP 00322712 2012/04/04 ( CONTACT SECURITY INC 2,909.76 AP 00322712 2012/04/04 ( CONTACT SECURITY INC 2,338.20 AP 00322712 2012/04/04 ( CONTACT SECURITY INC 2,938.99 AP 00322712 2012/04/041 CONTACT SECURITY INC 10,911.60 AP 00322712 2012/04/04 l CONTACT SECURITY INC 1,854.32 AP 00322713 2012/04/041 CONTINENTAL AMERICAN INSURANCE COMPA 79.40 AP 00322713 2012/04/041 CONTINENTAL AMERICAN INSURANCE COMPA: 16.39 Ap 00322714 2012/04/04 l CREATIVE DATA PRODUCTS 1,258.38 AP 003227!4 2012/04/04 ( CREATIVE DATA PRODUCTS 1,258.38 AP 00322715 2012/04/04 l CROP PRODUCTION SERVICES INC 961.58 AP 003227]5 2012/04/04 ( CROP PRODUCTION SERVICES INC 1,018.90 AP 003227]5 2012/04/04 (~ CROP PRODUCTION SERVICES INC 155.52 AP 00322715 2012/04/04 ( CROP PRODUCTION SERVICES INC 572.75 Ap 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 100.76 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 277.76 Ap 00322717 2012/04/041 CUCAMONGA VALLEY WATER DISTRICT 164.27 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 305.63 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 108.50 AP 00322717 20]2/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 1,175.24 Ap 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 163.99 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 518.73 AP 00322717 2012/04/041 CUCAMONGA VALLEY WATER DISTRICT 69.55 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 321.69 AP 00322717 2012/04/04 1 CUCAMONGA VALLEY WATER DISTRICT 321.68 Ap 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 63.91 AP 00322717 2012/04/041 CUCAMONGA VALLEY WATER DISTRICT 155.30 AP 00322717 2012/04/04 1 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00322717 2012/04/041 CUCAMONGA VALLEY WATER DISTRICT 896.12 Ap 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 163.59 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 818.70 Ap 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 500.81 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 182.13 Ap 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 194.29 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 201.09 Ap 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 150.84 Ap 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 367.41 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 754.02 Ap 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 700.29 User: VLOPEZ -Veronica Lopez Page: 19 Current Date: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA AEenda Check Resister 3/28/2012 through 4/10/2012 P38 Check No. Check Dale Vendor Name Amoum Ap 00322717 2012/04/041 CUCAMONGA VALLEY WATER DISTRICT 439.09 AP 00322717 2012/04/041 CUCAMONGA VALLEY WATER DISTRICT 136.49 AP 00322717 2012/04/041 CUCAMONGA VALLEY WATER DISTRICT 188.16 AP 00322717 2012/04/041 CUCAMONGA VALLEY WATER DISTRICT 474.93 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 376.38 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 53.44 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 74.29 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 38.85 AP 00322717 2012/04/04 t CUCAMONGA VALLEY WATER DISTRICT 95.69 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 508.77 AP 003227]7 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 261.89 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 371.39 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 112.57 AP 00322717 2012/04/04 t CUCAMONGA VALLEY WATER DISTRICT 114.31 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 773.88 Ap 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 778.43 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 384.35 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 967.43 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 318.65 AP 00322717 2012/04/04 ( CUCAMONGA VALLEY WATER DISTRICT 225.10 AP 00322717 2012/04/041 CUCAMONGA VALLEY WATER DISTRICT 102.56 AP 00322718 2012/04/041 D AND K CONCRETE COMPANY 355.04 AP 00322718 2012/04/041 D AND K CONCRETE COMPANY 293.62 AP 00322718 2012/04/04 ( D AND K CONCRETE COMPANY 293.62 Ap 00322718 2012/04/04 ( D AND K CONCRETE COMPANY 626.03 AP 00322718 2012/04/04 f D AND K CONCRETE COMPANY 355.04 AP 00322718 2012/04/04 ( D AND K CONCRETE COMPANY 257.53 AP 00322719 2012/04/04 ( DAQ MDVH 216.00 AP 00322719 2012/04/04 ( DAO, MINH 38.00 AP 00322720 2012/04/04 ( DAVID TURCH AND ASSOCIATES 4,000.00 AP 00322721 2012/04/04 ( DELTA DENTAL 41,068.17 AP 00322722 2012/04/04 ( DEPARTMENT OF JUSTICE 448.00 AP 00322722 2012/04/04 l DEPARTMENT OF JUSTICE 1,865.00 AP 00322723 2012/04/04 l DEPARTMENT OF TRANSPORTATION 7,314.96 AP 00322724 2012/04/041 DICKINSON, CHARLES 80.00 AP 00322725 2012/04/04 l DUMBELL MAN F[TNESS EQUIPMENT, THE 143.84 AP 00322725 2012/04/04 t DUMBELL MAN FITNESS EQUIPMENT, THE 195.00 AP 00322726 2012/04/04 ( DUNN EDWARDS CORPORATION 248.94 AP 00322727 2012/04/04 ( DUNK, ROB 400.00 Ap 00322728 2012/04/04 ( DYNASTY SCREEN PRINTING 4,115.30 Ap 00322729 2012/04/04 ( ELLIS ENTERPRISES 75.00 AP 00322729 2012/04/04 ( ELLIS ENTERPRISES 150.00 AP 00322729 2012/04/04 ( ELLIS ENTERPRISES 2,500.00 AP 00322730 2012/04/041 EXPRESS BRAKE SUPPLY 56.97 AP 00322730 2012/04/04 l EXPRESS BRAKE SUPPLY 56.97 User: VLOPEZ -Veronica Lopez Page: 20 Curren[ Date: 04/11/: Report CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layou[ Time: 13:3 CITY OF RANCHO CUCAMONGA P39 Agenda Check Register 3/28/2012 through 4/10/2012 Check No. Check Date Vendor Name Amount Ap 00322730 2012/04/04 ( EXPRESS BRAKE SUPPLY 453.17 AP 00322730 2012/04/04 ( EXPRESS BRAKE SUPPLY 48.57 AP 00322730 2012/04/04 ( EXPRESS BRAKE SUPPLY 477.09 AP 00322730 2012/04/04 ( EXPRESS BRAKE SUPPLY 56.97 AP 00322731 2012/04/04 ( FASTENAL COMPANY 16.05 AP 00322732 2012/04/04 ( FCLO MUSIC THEATRE 95.00 AP 00322733 2012/04/04 ( FEDERAL EXPRESS CORP 73.40 AP 00322733 2012/04/04 ( FEDERAL EXPRESS CORP 17.79 AP 00322734 2012/04/04 ( FENCE CRAFT OF UPLAND INC 111.78 AP 00322734 2012/04/04 ( FENCE CRAFT OF UPLAND INC 35.34 AP 00322735 2012/04/04 ( FINCH, JESSICA 60.00 Ap 00322737 2012/04/04 1 FRENCH, LAURA 500.00 AP 00322738 2012/04/041 GABEL, DWIGHT 500.00 AP 00322738 2012/04/041 GABEL, DWIGHT 40.00 AP 00322739 2012/04/041 GALE GROUP,THE 23.26 AP 00322740 2012/04/041 GALE, BRIAN 804.00 AP 00322741 2012/04/041 GAVIN, JASON 250.00 AP 00322743 2012/04/04 ( GONSALVES AND SON,JOE A 3,000.00 AP 00322744 2012/04/04 ( GRAINGER 95.86 AP 00322744 2012/04/041 GRAINGER 17.61 AP 00322744 2012/04/04 ( GRAINGER 443.47 AP 00322744 2012/04/041 GRAINGER 249.43 AP 00322744 ~ 2012/04/04 1 GRAINGER 156.25 AP 00322744 2012/04/04 ( GRAINGER 88.44 AP 00322744 2012/04/04 ( GRAINGER 98.06 ' AP 00322744 2012/04/04 ( GRAINGER 13.50 AP 00322744 2012/04/04 ( GRAINGER 399.28 Ap 00322744 2012/04/04 ( GRAINGER 171.26 AP 00322745 2012/04/04 ( GRANICUS INC 1,100.00 AP 00322746 2012/04/04 ( GRAPHICS FACTORY PRINTING INC. 119.60 AP 00322746 2012/04/04 ( GRAPHICS FACTORY PRINTING INC. 1 ] 9.61 AP 00322746 2012/04/04 ( GRAPHICS FACTORY PRINTING INC. 48.49 AP 00322747 2012/04/04 ( GREEN ROCK POWER EQUIPMENT 81.01 AP 00322748 .2012/04/04 ( GREENE, RUTH 75.00 Ap 00322749 2012/04/04 ( GUGOL, FE 38.00 AP 00322750 2012/04/04 ( HARBOUR, CAROL 964.00 Ap 00322751 2012/04/04 ( HILLS PET NUTRITION SALES INC 226.28 AP 00322752 2012/04/041 HOME DEPOT CREDIT SERVICES 79.08 AP 00322752 2012/04/04 l HOME DEPOT CREDIT SERVICES 28.96 Ap 00322752 2012/04/04 l HOME DEPOT CREDIT SERVICES 10.73 AP 00322752 2012/04/04 ( HOME DEPOT CREDIT SERVICES 184.97 AP 00322752 2012/04/04 l HOME DEPOT CREDIT SERVICES 55.41 AP 00322752 2012/04/04 1 HOME DEPOT CREDIT SERVICES 96.11 AP 00322753 2012/04/04 ( HOSE MAN INC 179.07 AP 00322753 2012/04/04 ( HOSE MAN INC 13.55 User: VLOPEZ -Veronica Lopez Page: 21 Curren[ Date: 04/11/: Report; CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA P40 Agenda Check Register 3/28/2012 through 4/10/2012 Check No. Check Dale Vendor Name Amoum AP 00322755 2012/04/041 IBM CORPORATION ~ 13,055.75 - AP 00322756 2012/04/041 IDCARD TECHNOLOGY CORP 246.05 AP 00322757 2012/04/04 ( IDEAL GLASS TINTING 187.00 AP 00322758 2012/04/04 ( IGI GLOBAL 61.15 AP 00322758 2012/04/04 ( IGI GLOBAL 61.15 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 52.73 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 205.45 Ap 00322760 2012/04/04 ( INDEPENDENT STATIONERS 23.44 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 11.07 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 4.06 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 752.75 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 714.99 Ap 00322760 2012/04/041 INDEPENDENT STATIONERS 125.22 AP 00322760 2012/04/041 INDEPENDENT.STATIONERS 78.15 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 17.75 AP 00322760 2012/04/04 l INDEPENDENT STATIONERS 16.49 Ap 00322760 2012/04/04 ( INDEPENDENT STATIONERS 61.85 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 33.56 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 5.37 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 38.40 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 19.43 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 79.97 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS ~ 653.04 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 213.83 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 15.19 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 83.85 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 27.11 AP 00322760 2012/04/04 1 INDEPENDENT STATIONERS 151.37 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 86.17 AP 00322760 2012/04/04 1 INDEPENDENT STATIONERS 8.27 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 20.52 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 1.84 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 1.63 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 4.05 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 0.36 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 15.48 AP 00322760 2012/04/04 ( INDEPENDENT STATIONERS 38.41 AP 00322760 2012/04/04 l INDEPENDENT STATIONERS 3.44 AP 00322760 2012/04/04 1 INDEPENDENT STATIONERS .0.39 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 0.96 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 0.09 AP 00322760 2012/04/04 1 INDEPENDENT STATIONERS 32.45 AP 00322760 2012/04/041 INDEPENDENT STATIONERS 264.45 AP 00322761 2012/04/041 INLAND BUILDING CONSTRUCTION CO INC 1,155.00 pp 00322762 2012/04/04 1 INSIGHT PUBLIC SECTOR 6,244.00 User: VLOPEZ -Veronica Lopez Page: 22 Current Date: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/28/2012 through 4/10/2012 P41 Check No. Check Date Vendor Name Amoum AP 00322763 2012/04/04 l INTEGRITY DOOR & HARDWARE INC 59.67 AP 00322764 2012/04/04 ( INTERNAL REVENUE SERVICE 75.00 AP 00322765 2012/04/04 ( IRON MOUNTAIN OSDP 2,157.47 Ap 00322766 2012/04/041 JACKSON HIRSH INC 98.49 Ap 00322767 2012/04/04 1 JARA GROUP, THE 100.00 AP 00322768 2012/04/041 JDC INC 2,688.00 AP 00322768 2012/04/041 JDC INC 7,100.53 AP 00322768 2012/04/041 JDC INC 10,539.00 AP 00322768 2012/04/04 ( JDC INC ~ 3,230.00 AP 00322768 2012/04/04 ( JDC INC 45,393.30 AP 00322769 2012/04/04 l JOHN DEERE LANDSCAPES 71.22 AP 00322769 2012/04/041 JOHN DEERE LANDSCAPES 252.92 AP 00322769 2012/04/041 JOHN DEERE LANDSCAPES 1,284.13 AP 00322769 2012/04/04 1 JOHN DEERE LANDSCAPES ~ 966.04 AP 00322769 2012/04/04 ( JOHN DEERE LANDSCAPES 1,433.81 AP 00322769 2012/04/04 ( JOHN DEERE LANDSCAPES 157.56 Ap 00322769 2012/04/04 ( JOHN DEERE LANDSCAPES 1,651.05 AP 00322770 2012/04/04 l JOHN THE PLUMBER ~ 3,500.00 AP 00322771 2012/04/041 JZ'S PARTY CHARM 561.89 Ap 00322772 2012/04/04 ( K K WOODWORKING 445.01 AP 00322773 2012/04/041 KAISER FOUNDATION HEALTH PLAN INC 164,485.65 AP 00322773 2012/04/04 l KAISER FOUNDATION HEALTH PLAN INC 3,195.75 AP 00322773 2012/04/04 ( KAISER FOUNDATION HEALTH PLAN INC 1,379.64 AP 00322774 2012/04/04 ( KENNEDY EQUIPMENT INC 291.00 Ap 00322775 2012/04/04 ( KENT HARRIS TRUCKING & MATERIALS 1,327.75 AP 00322775 2012/04/041 KENT HARRIS TRUCKING & MATERIALS 1,327.75 AP 00322775 2012/04/041 KL-NT HARRIS TRUCKING & MATERIALS 1,327.75 AP 00322777 2012/04/041 L-I ENROLLMENT SERVICES 33.90 AP 00322778 2012/04/04 l LAIRD CONSTRUCTION CO 16,155.40 AP 00322778 2012/04/04 ( LAIRD CONSTRUCTION CO 7,752.00 Ap 00322781 2012/04/04 ( LIEBERT CASSIDY WHITMORE 360.00 AP 00322781 2012/04/04 ( LIEBERT CASSIDY WHITMORE 9,919.00 AP 00322783 2012/04/041 LOS ANGELES MUSICIANS COLLECTIVE 150.00 Ap 00322783 2012/04/04 1 LOS ANGELES MUSICIANS COLLECTIVE 50.00 AP 00322784 2012/04/04 l LYN, FRED 40.00 AP 00322785 2012/04/04 l MANELA, ROSIE 26.64 AP 00322786 2012/04/04 ( MARIPOSA HORTICULTURAL ENT INC 1,672.39 AP 00322786 2012/04/04 ( MARIPOSA HORTICULTURAL ENT INC 2,715.89 AP 00322788 2012/04/041 MC TRUCKING 902.29 AP 00322789 2012/04/041 MIDWEST TAPE 49.99 AP 00322789 2012/04/041 MIDWEST TAPE 49.99 Ap 00322789 2012/04/041 MID WEST TAPE 173.90 Ap 00322789 2012/04/041 MIDWEST TAPE 143.93 AP 00322789 2012/04/04( MIDWEST TAPE 91.96 AP 00322789 2012/04/04( MIDWEST TAPE 139.94 User: VLOPEZ -Veronica Lopez Page: 23 Current Dale: 04/11/: Report: CK_AGENDA_REG_PORTRA[T_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA P42 AI?cnda Check Ret?ister 3/28/2012 through 4/10/2012 Check No. Check Date Vendor Name Amount Ap 00322789 2012/04/041 MIDWEST TAPE 35.97 AP 00322789 2012/04/04( MIDWESTTAPE 25.58 AP 00322789 2012/04/04 ( MIDWEST TAPE 45.98 AP 00322789 2012/04/04 ( MIDWEST TAPE 22.99 AP 00322789 2012/04/04( MIDWESTTAPE 91.96 AP 00322789 2012/04/04 ( MIDWEST TAPE 91.96 AP 00322789 2012/04/04 ( MIDWEST TAPE 49.56 AP 00322789 2012/04/04( MIDWESTTAPE 49.56 AP 00322789 2012/04/04 ( MIDWEST TAPE 162.94 AP 00322789 2012/04/04( MIDWESTTAPE 278.90 Ap 00322789 2012/04/04( MIDWESTTAPE 31.96 AP 00322789 2012/04/041 MIDWESTTAPE - ~ 39.95 AP 00322789 2012/04/041 MIDWESTTAPE 196.92 AP 00322789 2012/04/04( MIDWESTTAPE 120.95 Ap 00322789 2012/04/041 MIDWESTTAPE 44.98 AP 00322789 2012/04/04( MIDWESTTAPE 24.99 AP 00322789 2012/04/041 MIDWESTTAPE 111.50 Ap 00322789. 2012/04/041 MIDWESTTAPE 116.49 AP 00322789 2012/04/041 MIDWESTTAPE 23.99 Ap 00322789 2012/04/04( MIDWESTTAPE 23.99 AP 00322789 2012/04/04 ( MIDWEST TAPE 26.98 AP 00322789 20]2/04/04( MIDWESTTAPE 27.58 AP 00322789 2012/04/04( MIDWESTTAPE ~ 11].95 Ap 00322789 2012/04/04( MIDWESTTAPE 111.95 AP 00322789 2012/04/04( MIDWESTTAPE 29.99 AP 00322789 2012/04/04( MIDWESTTAPE 19.98 AP 00322792 2012/04/04 ( MILANES, YIKCIA - 125.00 AP 00322793 2012/04/04 ( MOEILE MINI INC 357.73 AP 00322794 2012/04/04 ( MON"IEREY INTERNATIONAL TALENT AGENCY 262.50 AP 00322795 2012/04/041 MORENO VALLEY, CITY OF 6,703.04 AP 00322796 2012/04/041 MOUNTAIN VIEW GLASS AND MIItROR INC 2.08 AP 00322796 2012/04/041 MOUNTAIN VIEW GLASS AND MII2ROR INC 688.24 Ap 00322797 , 2012/04/04 l MOUNTAIN VIEW SMALL ENG REPAIR 462.25 Ap 00322797 2012/04/04 ( MOUNTAIN VIEW SMALL ENG REPAIR -150.00 AP 00322797 2012/04/04 ( MOUNTAIN VIEW SMALL ENG REPAIR 75.36 Ap 00322797 2012/04/04 1 MOUNTAIN VIEW SMALL ENG REPAIR 38.63 Ap 00322798 2012/04/04 1 NAPA AUTO PARTS 7225 AP 00322798 2012/04/041 NAPA AUTO PARTS 143.89 AP 00322798 2012/04/04 ( NAPA AUTO PARTS 12.91 AP 00322798 2012/04/04 ( NAPA AUTO PARTS ~ 26.93 Ap 00322798 2012/04/041 NAPA AUTO PARTS 21.19 AP 00322798 2012/04/041 NAPA AUTO PARTS 91.80 AP 00322798 2012/04/041 NAPA AUTO PARTS 90.18 AP 00322798 2012/04/041 NAPA AUTO PARTS 315.93 AP 00322798 2012/04/041 NAPA AUTO PARTS 67.21 User: VLOPEZ -Veronica Lopez Page: 24 Curren[ Date: 04/11/: Report. CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/28/2012 through 4/10/2012 Check No. Check Date Vendor Name Amoum AP 00322798 2012/04/041 NAPA AUTO PARTS 16.46 AP 00322799 2012/04/041 NATIONAL DATA & SURVEYING SERVICES 144.00 AP 00322800 2012/04/04 ( NATIONAL ENTERTAINMENT NETWORK INC 37.62 AP 00322801 2012/04/04 ( NAVARRO, LORI 5.00 AP 00322802 2012/04/04 ( NEW COLOR SILKSCREEN & GRAPHICS 767.99 AP 00322802 2012/04/04 ( NEW COLOR SILKSCREEN & GRAPHICS 193.95 AP 00322803 2012/04/04 ( NEXTEL 1,325.08 AP 00322804 2012/04/04 ( NEXUS IS INC 713.72 AP 00322805 2012/04/04 ( NIXON EGLI EQUIPMENT CO 465.34 AP 00322806 2012/04/041 NOVARTIS ANIMAL HEAL'CH US INC 385.40 AP 00322807 2012/04/04 l NPI PRODUCTION SERVICES INC 30,800.00 Ap 00322808 2012/04/041 OAKSTONE WELLNESS 2,465.76 AP 00322809 2012/04/041 OCCUPA"CLONAL HEALTH CTRS OF CA 68.62 AP 00322809 2012/04/041 OCCUPATIONAL HEALTH CTRS OF CA 146.12 Ap 00322809 2012/04/04 1 OCCUPATIONAL HEALTH CTRS OF CA 68.62 AP 00322810 2012/04/04 l ONTARIO WINNELSON CO 84.85 AP 00322810 2012/04/04 l ONTARIO WINNELSON CO 432.24 AP 00322810 2012/04/04 ( ONTARIO WINNELSON CO 58.77 AP 00322811 2012/04/04 ( ONTARIO, CITY OF 11,152.20 AP 00322812 2012/04/04 ( OPARC 396.00 AP 00322813 2012/04/04 ( ORANGE EMPIRE CHAPTER ICC 70.00 AP 00322814 2012/04/04 ( ORKIN PEST CONTROL 50.00 Ap 00322815 2012/04/04 l ORTHOPAEDIC MEDICAL GROUP - 378.85 AP 00322815 2012/04/041 ORTHOPAEDIC MEDICAL GROUP 46.25 Ap 00322816 2012/04/041 OWEN ELECTRIC INC 11.83 AP 00322817 2012/04/04 I PAL CAMPAIGN 50.00 AP 00322818 2012/04/04 ( PATTON SALES CORP 11.81 AP 00322818 2012/04/04 l PATTON SALES CORP 29.05 AP 00322819 2012/04/04 l PENNY PLUMBING 197.50 AP 00322819 2012/04/04 ( PENNY PLUMBING 660.00 AP 00322820 2012/04/04 ( PEREZ, DOMINICK 2,000.00 AP 00322821 2012/04/04 ( PETROVICH, VICTORIA 804.00 Ap 00322822 2012/04/04 ( PIONEER MANUFACTURING 1,319.94 AP 00322822 2012/04/04 ( PIONEER MANUFACTURING 2,395.26 AP 00322823 2012/04/04 ( P[TASSI ARCHITECTS INC 1,783.50 AP 00322824 2012/04/041 PIXELPUSHERS INC 1,360.00 AP 00322826 2012/04/041 PRE-PAID LEGAL SERVICES INC 143.46 AP 00322826 2012/04/04 l PRE-PAID LEGAL SERVICES INC 11.40 Ap 00322828 2012/04/04 ( RANCHO FOREIGN CAR PARTS 71.79 AP 00322829 2012/04/04 ( RANCHO ]iEGIONAL VETERINARY HOSPITAL Ir 343.36 AP 00322830 2012/04/04 ( RANDOM HOUSE INC 12.94 AP 00322830 2012/04/04 ( RANDOM HOUSE INC 32.34 AP 00322830 2012/04/04 ( RANDOM HOUSE INC 87.12 AP 00322833 2012/04/04 ( RBM LOCK AND KEY SERVICE 34.21 AP 00322833 2012/04/04 ( RBM LOCK AND KEY SERVICE 9.50 P43 User: VLOPEZ -Veronica Lopez Page: 25 ~ Current Date: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 3/28/2012 through 4/10/2012 Check No. Check Date Vendor Name AP 00322833 2012/04/041 ]ZBM LOCK AND KEY SERVICE Ap 00322834 2012/04/041 RCPFA AP 00322835 2012/04/041 RECORDED BOOKS LLC Ap 00322836 2012/04/041 REPUBLIC ITS pp 00322836 2012/04/041 REPUBLIC I'IS AP 00322837 2012/04/04 ( RICHARDS WATSON AND GERSHON AP 00322838 2012/04/04 f RIGHTWAY AP 00322839 2012/04/04 ( RIPPETOE MILES LLP AP 00322839 2012/04/04 ( RIPPETOE MILES LLP AP 00322839 2012/04/04 ( RIPPET08 MILES LLP AP 00322839 2012/04/04 ( IZIPPETOE MILES LLP AP 00322839 2012/04/04 ( RiPPETOE MILES LLP AP 00322840 2012/04/04 ( RITE INC pP 00322841 2012/04/04 ( ROADRUNNER PHARMACY Ap 00322841 2012/04/04 ( ROADRUNNER PHARMACY AP 00322842 2012/04/04 ( ROBLES, IZAUL P Ap 00322842 2012/04/04 l ROBLES; IZAUL P Ap 00322842 2012/04/04 l ROBLES, RAUL P AP 00322843 2012/04/041 SALMEN, DAVID AP 00322844 2012/04/04 1 SAN BERNARDEJO COUNTY SHERIFFS DEPT AP 00322845 2012/04/041 SAN BERNARDBQO CTY DEPT OF PUBLIC WORK AP 00322846 2012/04/041 SAN BEILNAIZDINO CTY FIRE PROTECTION DIST Ap 00322847 2012/04/041 SBPEA AP 00322848 2012/04/041 SC FUELS Ap 00322848 2012/04/04 1 SC FUELS AP 00322849 2012/04/041 SHERIFFS COURT SERVICES Ap 00322850 2012/04/041 SHERIFFS COURT SERVICES AP 00322851 2012/04/041 SHERIFFS COURT SERVICES Ap 00322852 2012/04/04 ( SHERIFIS COURT SERVICES AP 00322853 2012/04/04 ( SI~IERIFFS COURT SERVICES AP 00322854 2012/04/04 ( SI IERIFI~S COURT SERVICES AP 00322855 2012/04/04 l S1fERIF}'S COURT SERVICES AP 00322856 2012/04/04 ( SIIERIFPS COURT SERVICES AP 00322857 2012/04/04 ( SIiERIPPS COURT SERVICES pP 00322858 2012/04/041 SI IERIFI'S COURT SERVICES Ap 00322859 2012/04/04 l S1fERIFPS COURT SERVICES pp 00322860 2012/04/04 l S h[OETERIA AP 00322862 2012/04/041 S~~tIDERLE, RICHARD pP 00322864 2012/04/04 I SO CALIF GAS COMPANY AP 00322864 2012/04/041 SO CALIF GAS COMPANY AP 00322865 2012/04/04 ( SOURCE GRAPHICS AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON Ap 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON Ap 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON P44 Amoum 60.61 8,922.41 7.49 793.60 319.14 6,500.00 486.20 396.00 5,886.13 82.50 3,116.70 7,080.71 775.80 396.75 42.95 75.00 105.00 75.00 70.00 2,864.90 227.05 55,143.75 710.71 17,279.94 15,950.72 839.02 150.00 216.64 178.29 452.84 25.00 30.51 186.79 255.00 18.70 397.34 111.51 45.00 459.64 4.60 422.54 2,808.06 1,016.67 22.03 22.97 User: VLOPEZ -Veronica Lopez Page: 26 Repor[: CK_AGENDA_REG_PORTRAIT_IZC - CK: Agenda Check Register Portrait Layout Current Date; 04/11/: Time: 13:3 CITY OF RANCHO CUCAMONGA Agenda Check Re¢ister 3/28/2012 tluough 4/10/2012 Check No. Check Dale Vendor Name Amoum Ap 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 24.56 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 23.66 AP 00322870 2012/04/04 1 SOUTHERN CALIFORNIIA EDISON 23.66 AP 00322870 2012/04/04 l SOUTHERN CALIFORNIA EDISON 23.79 AP 00322870 2012/04/041 SOUTHERN CALIFORNIA EDISON 46.79 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 16.37 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDiSON 72.56 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 54.69 Ap 00322870 2012/04/04 ( SOU"I'IIERN CALIFORNIA EDISON 47.56 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 499.14 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 73.67 AP 00322870 2012/04/04 l SOUTHERN CALIFORNIA EDISON 24.23 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 22.97 AP 00322870 2012/04/041 SOUTHERN CALIFORNIA EDISON 24.56 AP 00322870 2012/04/041 SOUTHERN CALIFORNIA EDISON 70.90 AP 00322870 2012/04/04 I SOUTHERN CALIFORNIA EDISON 74.60 AP 00322870 2012/04/04 l SOUTHERN CALIFORNIA EDISON 22.85 AP 00322870 2012/04/04 I SOUTHERN CALIFORNIA EDISON 24.23 AP 00322870 2012/04/04 1 SOUTHERN CALIFORNIA EDISON 24.36 AP 00322870 2012/04/04 1 SOUTHERN CALIFORNIA EDISON 25.13 AP 00322870 2012/04/04 l SOUTH}RN CALIFORNIA EDISON 24.23 AP 00322870 2012/04/04 ( SOU'1'F1ERN CALIFORNIA EDISON 101.81 Ap 00322870 2012/04/04 l SOU'1'I~IERN CALIFORNIA EDISON 133.95 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 24.11 Ap 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 24.36 AP 00322870 2012/04/04 ( SOUTI{EI2N CALIFORNIA EDISON 27.71 AP 00322870 2012/04/04 l SOUTHERN CALIFORNIA EDISON 24.36 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 15.59 AP 00322870 2012/04/04 l SOUTHERN CALIFORNIA EDISON 24.23 Ap 00322870 2012/04/04 1 SOUTHERN CALIFORNIA EDISON 59.98 AP 00322870 2012/04/041 SOUTHERN CALIFORNIA EDISON 34.43 AP 00322870 2012/04/041 SOUTHERN CALIFORNIA EDISON 24.36 pP 00322870 2012/04/04 1 SOU"CHERN CALIFORNIA EDISON 22.03 AP 00322870 2012/04/04 ( SOLCCHE[L'J CALIFORNIA EDISON 25.51 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA ED[SON 25.77 AP 00322870 2012/04/04 ( SOU"I-1-IERN CALIFORNIA EDISON 64.00 AP 00322870 2012/04/04 ( SOUTh[EI2N CALIFORNIA EDISON 80.03 AP 00322870 2012/04/04 ( SOU"CFIERN CALIFORNIA 13DISON 76.56 AP 00322870 2012/04/04 ( SOU'I'C[ERN CALIFORNIA EDISON 2].91 AP 00322870 2012/04/04 1 SOUTHERN CALIFORNIA EDISON 21.91 AP 00322870 2012/04/041 SOU1'HL-RN CALIFORNIA EDISON 22.03 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 113.32 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 23.66 AP 00322870 20!2/04/04 ( SOUTHLRN CALIFORNIA EDISON 22.03 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 103.48 P45 User: VLOPEZ -Veronica Lopez Page: 27 Current Date: 04/11/: Repor[ CK_AGENDA_REG_PORTRAIT_RC - Ch: Agenda Check Register Portrait Layout Time: ] 3:3 CITY OF RANCHO CUCAMONGA Ascnda Check Resister 3/28/2012 through 4/10/2012 P46 Check No. Check Date Vendor Name Amount AP 00322370 2012/04/04 ( SOUI'IiERN CALIFORNIA EDISON 167.03 AP 00322870 2012/04/04 ( SOU"LFIERN CALIFORNIA EDISON 20.65 AP 00322870 2012/04/04 ( SOU"I I-[ERN CALIFORNIA L-DISON 51.24 AP 00322870 2012/04/04 l SOUI'IIERN CALIFORNIA EDISON 43.74 AP 00322870 2012/04/04 ( SOUII IERN CALIFORNIA EDISON 74.89 AP 00322870 2012/04/04 ( SOU"CHERN CALIFORNIA EDISON 79.65 AP 00322870 2012/04/041 SOU"fIIERN CALIFORNIA EDISON 22.20 AP 00322870 2012/04/041 SOU'PtIERNCALIFORNIAEDISON 1]0.87 AP 00322870 2012/04/041 SOU"1718RN CALIFORNIA EDISON 21.91 Ap 00322870 2012/04/041 SOU"I'I-IERN CALIFORNIA EDISON 21.91 Ap 00322870 2012/04/041 SOU'CI-IERN CALIFORNIA ED[SON 22.03 AP 00322870 2012/04/04 ( SOU'I'iIERN CALIFORNIA EDISON 21.78 Ap 00322870 2012/04/041 SOU"1'h1ERN CALIFORNIA EDISON 21.78 Ap 00322870 2012/04/04 ( SOU"fl-IERN CALIFORNIA EDISON 61.41 Ap 00322870 2012/04/041 SOU"CHERN CALIFORNIA ED[SON ~ 40.43 AP 00322870 2012/04/04 ( SOUI~HERN CALIFORNIA EDISON 53.69 AP 00322870 2012/04/04 ( SOUTHERN' CALIFORNIA ED[SON 21.48 AP 00322870 2012/04/04 ( SOU'I'1fERN CALIFORNIA HDISON 30.35 AP 00322870 2012/04/04 ( SOU"I 1IERN CALIFORNIA EDISON 23.37 AP 00322870 2012/04/04 ( SOU'f41E12N CALIFORNIA EDISON ~ 25.13 AP 00322870 2012/04/04 ( SOU'I~I-IERN CALIFORNIA EDISON 24.62 Ap 00322870 2012/04/04 ( SOUf11ERN CALIFORNIA EDISON 75.71 AP 00322870 2012/04/04 ( SODU IERiN CALIFORNIA EDISON 84.32 AP 00322870 20]2/04/04( SOUCHERNCALIFORNIAEDISON 61.73 AP 00322870 2012/04/04 ( SOU'fhl GRN CALIFORNIA EDISON 79.06 Ap 00322870 2012/04/04 ( SOU"I'I1ERN CALIFORNIA GDISON ~ 21.99 AP 00322870 2012/04/04 ( SOU"I'I-IERN CALIFORNIA EDISON 85.54 AP 00322870 2012/04/04 ( SOUI~h1EItN CALIFORNIA EDISON 21.91 AP 00322870 2012/04/04 ( SOUfhIERN CALIFORNIA EDISON 21.91 AP 00322870 2012/04/04 ( St~UTI-IERN CALIFORNIA EDISON 44.88 AP 00322870 2012/04/04 ( SUU'I'[IERN CALIFORNIA EDISON 72.98 Ap 00322870 2012/04/04 ( SOlil~l-ILRN CALIFORNIA EDISON 88.25 AP 00322870 2012/04/041 SOUCI-IERN CALIFORNIA EDISON ~ 74.41 AP 00322870 2012/04/04 ( SOUR I I RN CALIFORNIA EDISON 81.88 AP 00322870 2012/04/041 SOUCI ILRN CALIFORNIA EDISON 3,223.65 AP 00322870 2012/04/04 ( SOU"C1i13RN CALIFORNIA ED[SON 119.53 Ap 00322870 2012/04/04 ( SOU"1'IIERDI CALIFORNIA EDISON 83.25 AP 00322870 2012/04/04 ( SOUflil'_R,I CALIFORNIA EDISON 22.84 AP 00322870 2012/04/04 ( SOU"II-IHItN CALIFORNIA EDISON 222.44 Ap 00322870 2012/04/04 ( SOUII ILRN CALIFORNIA LDISON 54.82 AP 00322870 2012/04/04 ( SOU"fl-IERN CALIF012NIA EDISON 21.91 AP 00322870 2012/04/04 ( SUUl1~(ERN CALIFORNIA EDISON 22.03 AP 00322370 2012/04/041 S(`Uf11HRNCAL]FORNIABDISON 204.75 AP 00322870 2012/04/04( S(~U'fHGItNCALIFORNIAEDISON 9.59 Ap 00322870 2012/04/04 ( SUU'fFIHRN CALIFORNIA EDISON 36.53 User: VLOPEZ -Veronica Loper Page: 2R Current Date: 04/1 I/: Report:CK_AGENDA_REG_POR'fIZAIT_]:C CE::AgcndaCheckRegisterPortraitLayout Time: 13:3 C1"CY OP RANCHO CUCAMONGA Aacnrl:t Chcck 12caister 3/23/2012 through 4/10/2012 P47 Check No. Chcel: Dale \'cu dar ~~`ame Amoum AP 00322070 2012/04/04 ( SOU I'HFRN CALIFORNIA EDISON 36.52 AP 00322870 2012/04/04( SOIi"I'1-TERN CALIFORNIA EDISON 415.00 AP 00322870 2012/04/04 ( SOU"II~IERN CALIFORNIA EDISON 72.40 AP 00322870 2012/04/04 ( SOUTHERN CAL1F012NIA EDISON 92.51 Ap 00322870 2012/04/04( SOUTI-TERN CALIFORNIA EDISON 22.03 AP 00322870 2012/04/04 ( SOU"FIiERN CALIFORNIA EDISON 65.82 Ap 00322070 2012/04/04 ( SOU"F!iERN CALIF012NIA EDISON 83.93 AP 00322870 2012/04/04 ( SOU"f IIERN CALIFORNIA EDISON 493.68 Ap 00322870 2012/04/041 SOUI~I TERN CALIPOIiNIA EDISON 24.43 AP 00322870 2012/04/041 SOUI'hIF12N CALIFORNIA EDISON 50.61 AP 00322070 2012/04/04 ( SOU'fl-TERN GVLII~OItNIA EDISON 86.00 Ap 00322870 2012/04/04( SOU"['I-IFRNCALIFORNIAEDISON 50.11 AP 00322870 2012/04/04 ( SOU"Iln_RN CALIFORNIA EDISON 117.61 AP 00322870 2012/04/04 ( SOU"fHLRN CALIPOItbIIA EDISON 68.63 AP 00322870 2012/04/04 ( SOU'I'IiL=1iN CALIFORNIA EDISON 43.84 AP 00322870 2012/04/04 ( SOUII-IGRN CA LIFOILNIA~EDISON 346.35 Ap 00322870 2012/04/04 ( SOU"f1-TERN CALIFORNIA EDISON 76.90 AP 00322870 2012/04/04 ( SOU"I I TERN CALIFORNIA EDISON 24.43 AP 00322870 2012/04/04 ( SOUII fER,N Cr1LIFO1tNIA LDISON 60.24 AP 00322870 2012/04/04 ( SOUII TERN CALIF012NIA EDISON 25.34 Ap 00322870 2012/04/04 ( SuUfHERN CALIFORNIA EDISON 138.48 AP 00322870 2012/04/04 ( SOUTHERN CALIPOIZNIA EDISON 46.69 AP 00322870 2012/04/041 SUU'PHERN CALIPOItN[A EDISON 46.69 AP 00322570 2012/04/041 SUUTHLRN CALIPO1tNIA EDISON 23.65 AP 00322070 2012/04/041 Sc 7L"PHLI:N CALIFORNIA EDISON 146.05 Ap 00322570 2012/04/041 SOU~I~I-1LRN CALIPOIZNIA EDISON 78.44 AP 00322570 2012/04/04 ( SOU I'I11.RN CALIPOIZNIA EDISON 23.45 AP 00322570 2012/04/04 l SOU"I H1°I:N CALIFORNIA EDISON 135.88 AP 00322870 2012/04/04( SOU"fIIERNCALIPOItNIAEDISON 189.77 AP 00322870 2012/04/04 ( SOIi'IT18RN CALIPOItNIA CDISON 118.28 Ap 00322870 2012/04/04 ( SOlICI1ERN CALIPOILNIA EDISON 58.08 AP 00322870 2012/04/04 ( SOUfI IEI2N CALIFORNIA EDISON 1,606.81 Ap 00322870 2012/04/04 ( SOUIIIERN CALIFORNIA EDISON 1,033.77 AP 00322870 2012/04/04 ( StillTl-IIRN CALIPOILN'IA EDISON 109.22 Ap 00322870 2012/04/041 S')U!l-FERN CALIFORNIA EDISON 60.61 AP 00322870 2012/04/04 ( S' 4;~I~HLRN CALIPOItNIA EDISON 21.26 AP 00322870 2012/04/04 ( St ~G"fHEIL~I CAI_IFOItNIA ED[SON 27.92 AP 00322870 2012/04/04 ( SOUTHERN CAI_II~'ORNIA EDISON 137.98 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 124.74 AP 00322870 2012/04/04 ( SOG-fHIRN CAL1POIiNIA EDISON 54.21 Ap 00322870 2012/04/04 ( SOU I'I1LRN CAL]FORNIA EDISON 24.56 AP 00322870 2012/04/04 ( SOUl~lil~ItN CALIFORNIA EDISON 24.56 AP 00322870 2012/04/041 SOIi'I'I TERN CALIFORNIA EDISON 24.56 AP 00322870 2012/04/041 SOU'I'I IL-'12N CALIFORNIA EDISON 25.25 AP 00322870 2012/04/04( SUIT"fHf_RNCALIFORNIAED[SON 21.26 User: VLOPEZ -Veronica Lopez Page: 29 Current Date; 04/11/: Report: CK_AGENDA_REG_PORTRAIT RC - Cf:: Agenda Chcck Register Portmi[ Layout Time: 13:3 CI"C1' OR RANCHO CUCAMONGA Aacnda Check Re>?ister 3/28/2012 through 4/10/2012 Check No. Check Date Vrndor N:une Amoum AP 00322870 2012/04/04 ( SOi~T11ERN CALIFORNIA EDISON 50.12 AP 00322870 2012/04/04 ( StiU'I'HERN CALIFORNIA EDISON 22.03 AP 00322870 2012/04/041 SOUTHERN CALIFORNIA EDISON 586.71 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 24.56 Ap 00322870 2012/04/041 SOUTHERN CALIFORNIA EDISON 22.03 AP 00322870 .2012/04/041 SOIi"I'FII~RN CALIFORNIA EDISON 24.43 AP 00322870 2012/04/04 1 SOU7~hII"RN CALII'OItNIA EDISON 22.16 AP 00322870 2012/04/041 SOUT'IIIIZN CALIFORNIA EDISON 21.91 AP 00322870 2012/04/041 SOUTHI:;IZN CeALIPOIZNIA EDISON 24.31 AP 00322870 2012/04/04 t SOUTHERN CALIFORNIA EDISON 16.97 AP 00322870 2012/04/04 t SOUT'hII:IZN CAI_IFOIZNIA EDISON 38.17 Ap 00322870 2012/04/041 SOUTI IERN CALIFORNIA EDISON 182.02 AP 00322870 2012/04/04 ( SOUTITI~ItN CALIFORNIA EDISON 48.58 AP 00322870 2012/04/04 ( SOUTHERN CALIPOIZNIA EDISON 68.38 AP 00322870 2012/04/04 t SOUTHERN CALIFORNIA EDISON 22.97 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 22.97 AP 00322870 2012/04/04 ( SOUT'HE'RN CAL,II~OIZNIA EDISON 22.16 AP 00322870 2012/04/04 ( SOUTHERN CALIPOIZNIA EDISON 24.56 Ap 00322870 2012/04/04 ( SOUTHERN CALIIORNIA EDISON 181.47 AP 00322870 2012/04/04 ( SOU"I HI:RN CALM ORNIA EDISON 46.69 AP 00322870 2012/04/04 ( SOUTHERN CALIPOIZNIA EDISON 138.09 AP 00322870 2012/04/04 ( SOU-I~HERN CALI I'OIZNIA EDISON 3.72 AP 00322870 2012/04/04 ( SOU-I HERN CALIFORNIA EDISON 35.41 AP 00322870 2012/04/041 SOUTHERN CALIi~O1ZNIA EDISON 84.58 AP 00322870 2012/04/04 ( SOU1'hIERN CALIPOIZNIA EDISON 23.66 AP 00322870 2012/04/04 ( SOUTHIiItN CALIFORNIA EDISON 24.43 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 4.38 AP 00322870 2012/04/04 ( SOUTHERN CALIFORNIA EDISON 24.14 Ap 00322871 2012/04/04 ( SOU'1'ITL'KN CALM ORNIA EDISON 12,470.96 AP 00322872 2012/04/04 ( SOUTHERN CAL.IPOIZNIA EDISON 4,591.33 AP 00322873 2012/04/041 SOUTHLAND SP~)R"I'S OFFICIALS 736.00 AP 00322874 2012/04/04 ( SPEC[Al~ I'Y TECI I \~ ICAL PUBLISHERS 598.00 AP 00322875 2012/04/04 ( SPEC'PRUM CAIZI(L.ANDSCAPE AND IRRIGATIOP 1,881.69 AP 00322876 2012/04/041 SPEC'CRUM SURV'EY'ING & ENGINEERING INC 135.00 AP 00322877 2012/04/04 ( STANDARD INSUR:\NCE COMPANY 13,492.31 AP 00322877 2012/04/04 ( STANDARD INStiR;\NCE COMPANY 3,117.36 AP 00322878 2012/04/04 ( STEUER, D4ARK A 1,715.00 Ap 00322879 2012/04/04 ( STILLSO~` PIREI'L:\CES 40.50 AP 00322880 2012/04/04 ( STOFA, 10SEPIi 10.00 AP 00322882 2012/04/04 ( SUNGARU PU13I_IC SECTOR INC 2,000.00 Ap 00322883 2012/04/04 ( TARGET SI'ECIAI.I'l' PRODUCTS 1,144.74 AP 00322883 2012/04/04 ( TARGET SPECIAL; I'1' PRODUCTS 2,094.57 AP 00322883 2012/04/04 1 TARGET' SI'ECLV.; I'1' PRODUCTS - 5,347.85 Ap 00322885 2012/04/04 ( TERRA VISTA A\'1~1AL HOSPITAL 50.00 AP 00322886 2012/04/04 ( TMAD TAYLOR ,C GAINES 1,400.00 P48 User: VLOPEZ -Veronica Lopez Page: 30 Current Date: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - CK: e\gcnd^ Chcck Register Portrait Layout Time: 13:3 CITY OF R;~\'CHO CUCAMONGA P49 AECnda Check Register 3/28/"0!?through 4/10/2012 Check No. Check Date Vendor N:une Amount AP 00322886 2012/04/041 TMAD TAYLOR ;< G,\INES 1,903.00 AP 00322887 2012/04/04 I TOMARK SPOR"I~5 I VC 254.48 AP 00322887 2012/04/04 ( TOMARK SPORI'ti INC 435.00 AP 00322888 2012/04/04 I TOOLS R US INC 601.25 AP 00322888 20]2/04/04 ( 'POOLS R US INC 507.67 AP 00322889 2012/04/04 l TRAINING NETVA'ORK, THE 415.85 AP 00322890 2012/04/04 ( TUNGGALDJAJA, INGE 34.49 AP 00322891 2012/04/04 ( U S LEGAL SUPI'OR"P INC 192.65 AP 00322891 2012/04/04 ( U S LEGAL SUPI'OR f INC 228.84 AP 00322891 2012/04/04 ( U S LEGAL SUPI'0!2"f INC 146.11 AP 00322891 2012/04/04 ( U S LEGAL- SUPI'OR'f INC 174.75 AP 00322891 2012/04/04 ( U S LEGAL SUPI'OR"f INC 191.38 AP 00322891 2012/04/04 ( U S LEGAL SUPPOR f INC 250.26 AP 0032289! 2012/04/04 ( U S LEGAL SUPI'til2"I' INC 72.50 AP 00322891 2012/04/04 ( U S LEGAL SUPI'Oi2"I' INC 524.68 AP 00322891 2012/04/04 l U S LEGAL SUPI'OR'C INC 186.76 AP 0032289t 2012/04/04 ( U S LEGAL SUl'I'OI2"C INC 117.25 AP 00322891 2012/04/04 ( U 5 LEGAL SUI'I'012"C INC 102.25 Ap 00322891 2012/04/04 1 U S LEGAL SUYI'012"C INC 123.12 AP 00322892 2012/04/041 UNDERGROUND SVC ALERT OF SO CAL 252.00 AP 00322893 2012/04/041 UNI CHEM 199.00 AP 00322893 2012/04/041 UNI CHEM 37.37 Ap 00322894 2012/04/04 1 UNIFI2ST UNIFOR,V SERVICE 155.37 AP 00322894 2012/04/041 UNIPIRST UN1FOIZmI SERVICE 44.00 Ap 00322894 2012/04/04 ( UNIPIRST UNIFOK~\~I SERVICE 33.08 AP 00322894 2012/04/041 UNIPIRST UN[POR~\I SERVICE 965.47 AP 00322895 2012/04/04 l UNITED ROTAI21' 1312USH CORPORATION 406.57 AP 00322895 2012/04/041 UNITED 120TARl' I312USH CORPORATION 813.13 AP 00322896 2012/04/041 UNITED SITE SERVICES OF CA INC 152.71 AP 00322897 2012/04/041 UNITED WAY 6.00 AP 00322897 2012/04/04 ( UNITED WAY 183.00 Ap 00322898 2012/04/04 ( UPRIGHT CITIZI_NS QRIGADE LLC 3,000.00 AP 00322899 2012/04/04 ( UPS 39.00 AP 00322900 2012/04/04 l US POSTMASTER 9,500.00 AP 00322901 2012/04/04 ( UT(LiQUEST 872.55 Ap 00322901 2012/04/04 ( UTILIQUES"P 1,329.60 AP 00322903 2012/04/04 ( VCA CEN1'I2AL AN I ~~~IAL HOSPITAL 75.98 AP 00322905 2012/04/04 ( VERIZON CALIPORV'IA 84.78 AP 00322905 2012/04/04 ( VERILON CALIF012~'IA 43.60 Ap 00322905 2012/04/041 VERI'%ON CALIP012 VIp 210.49 AP 00322905 2012/04/041 VERILONCALIFC~R~~IA 475.70 AP 00322905 2012/04/04 ( VERI--/_ON CALIP012\'IA 475.70 AP 00322905 2012/04/04 ( VERI%ON CALIPOH VIA 374.31 Ap 00322905 2012/04/04 I VERI%ON CALII'ORNIA 38.68 Ap 00322905 2012/04/041 VERI-LONCALIPORNIA 18.15 User: VLOPE7_ -Veronica Lopez Page: 31 Current Dale: 04/11/: Report: CK_ AGENDA_R EG_PORTRAIT _RC - CK: Agenda Chcck Register Portrait Layout Time: 13:3 CITY OF 12;~NCHO CUCAMONGA A~c~nda CheckRe¢ister 3/2S/'Ol_' through 4/10/2012 Check No. Check Date Vendor Name Ap 00322905 2012/04/041 VERIZONCALIFORNIA AP 00322929 2012/04/05 1 HOLLIDAY ROCK. CO INC AP 00322929 2012/04/05 1 HOLLIDAY ROCK. CO INC AP 00322928 2012/04/05 ( DANS LAV/NMO\V1fR CENTER AP 00322928 2012/04/051 DANSLAWNMO\VLRCENTER AP 00322926 2012/04/05 ( CALSENSE AP 00322926 2012/04/05 ( CALSENSE AP 00322926 2012/04/05 ( CALSENSE AP 00322924 2012/04/05 ( ABC LOCKS~i]"1~1-iS AP 00322924 2012/04/05 ( ,ABC LOCKSIvd7"CI IS AP 00322934 2012/04/05( SIMPLOTPAItTNf:I:S Ap 00322934 2012/04/05 ( SIMPLOT PARTNERS AP 00322933 2012/04/05 ( MAIN STREET SIGNS Ap 00322932 2012/04/05 ( LAB SAFETY SUPPLY INC AP 00322931 2012/04/05 ( IRONMANPARTS nND SERVICES Ap 00322931 2012/04/05 ( IRONMANPARTS nND SERVICES AP 00322931 2012/04/05 ( IRONMAN PAIZ"I'S nND SERVICES AP 00322931 2012/04/05 ( IRONMAN PARTS n VD SERVICES AP 00322931 2012/04/05 ( IRONDIAN PARTS .\ VD SERVICES AP 00322935 2012/04/05 ( SUNRISE FORD AP 00322935 2012/04/05 ( SUNRISE FORll AP 00322934 2012/04/05-1 SIMPLOTYARTNIIRS AP 00322930 2012/04/051 INTL'RS1'A'CEI3A~i'i'f::RIES AP 00322930 2012/04/05 1 INTERSTA"fE lin'I'I FRIES AP 00322929 2012/04/05 1 HOI_I_IDAY ROCK CO INC AP 00322929 2012/04/05 1 HOLLIDAY ROCK CO INC AP 00322929 2012/04/05 1 HOLLIDAY ROCK CO INC Ap 00322929 2012/04/051 HOLLIDAY ROCI: CO INC AP 00322929 2012/04/05 1 HOI_L.IDAY ROCF: CO INC AP 00322929 2012/04/05 1 HOLI_IDAY ROCK CO INC AP 00322905 2012/04/041 VERI/_ONCALIFOIZNIA AP 00322905 2012/04/041 VERILON CALIPOI:N[A AP 00322905 2012/04/04 1 VERIZON CALIFORNIA AP 00322905 2012/04/04( VERiZONCALJi'ORN[A AP 00322905 2012/04/041 VERIZONCALII°ORV[A AP 00322905 2012/04/04( VERI%ONCALIPOi::~~IA Ap 00322905 2012/04/04( VERILON CAI_II OIZNIA AP 00322905 2012/04/04 ( VEIt1LON CALM=OIZNIA AP 00322905 2012/04/04( VER17ON CALIPOI;NTA Ap 00322905 2012/04/04( VERIZONCALIFUIZNIA AP 00322905 2012/04/04 ( VERI"/_ON CALIPOIZNIA AP 00322905 2012/04/04 ( VERI7ON CALL I~OI~NIA AP 00322905 2012/04/04( VERI""/_ONCALIPORNIA AP 00322905 2012/04/04( VEIZIZONCALIPOIZMA AP 00322905 2012/04/04( VERV,ONCAI_IPOKNIA User: VLOPEZ -Veronica Lopez Page: 32 Report: CK AGENDA_REG_PORTRAIT RC CK: Agenda Chcck Register Portrait Layout P50 Amount 645.46 1,391.95 75.00 8,220.25 12,766.22 1,567.45 1,000.00 543.86 1,205.95 59.26 1,072.06 471.95 162.16 126.04 400.00 400.00 400.00 400.00 400.00 241.79 1,117.00 1,387.82 181.51 292.52 595.46 685.96 75.00 1,391.38 75.00 426.42 38.68 18.15 38.68 35.84 35.84 149.69 35.84 37.51 38.68 38.68 38.68 18.66 35.84 35.84 242.72 Current Date: 04/11/: Time: 13:3 Cl'CY OI R:~NCHO CUCAMONGA P51 r~cnda Check Resister /? S/? ~ ~ 12 through 4/ 10/2012 Check No. Check Date Vendor Name Amoum AP 00322905 2012/04/04 ( VERi7_ON CAf_IFOi:NIA 18.66 AP 00322905 2012/04/041 VERILON CALIFORNIA 96.01 AP 00322905 2012/04/041 VEIZIZONCALIPOI:NIq 18.15 AP 00322905 2012/04/041 VERIZONCALIPORNIA 35.84 qP 00322905 2012/04/041 VEhI-/_ON CALIPO!WIA 20.25 AP 00322905 2012/04/041 VERV.ONCALII°OIZNIA 18.15 AP 00322905 2012/04/041 VERI/ONCALIPOItNIA 112.53 AP 00322905 2012/04/041 VERIiONCALIPO!tNIA 125.63 Ap 00322905 2012/04/041 VEItIZONC;ALll'OI:NIA 37.55 AP 00322905 2012/04/04( VER170NCAL!I'011NIA 38.68 AP 00322905 2012/04/04( VEl_I""/_ONCALIPOItNIA 18.15 AP 00322905 2012/04/04( VERI/ONCALIPOItNIA 18.15 qP 00322905 2012/04/041 VEItIZONCALIPORNIA 37.51 AP 00322905 2012/04/04 ( VERI%ON CAI_IFOItNIA 18.15 AP 00322905 2012/04/04 ( VEItIZON CALIFORNIA 390.86 AP 00322905 2012/04/04( VERIZONCALIFOItNtq 38.68 AP 00322905 2012/04/04( VERILONCALIFORNIA 18.15 AP 00322905 2012/04/04( VERIZONCALIFOItNIA 38.68 AP 00322905 2012/04/04 ( VERIZON CALIFORNIA 506.04 Ap 00322905 2012/04/041 VEIZIZONCALIPOI:NIA 77.36 Ap 00322905 2012/04/041 VE1tILONCALIFOKNIA 59.42 Ap 00322905 2012/04/041 VERI/_ONCALIFUItNIA 209.96 Ap .00322905 2012/04/041 VERIZONCALIPOKNIA 584.72 AP 00322907 2012/04/041 WAI_ I IRS \VHOLI{SALE ELECTRIC CO 112.64 AP 00322907 2012/04/041 WAI_I~ERS \VI-IOLGSALE ELECTRIC CO 239.93 qP 00322907 2012/04/041 WAL'I'ERSN'HOLI:SALEELECTRI000 81.98 AP 00322908 2012/04/041 WASII SANI"rARI' SUPPLY 3,142.26 AP 00322908 2012/04/041 WASH'. SANI"I'ARI~ SUPPLY ~ 80.64 AP 00322908 2012/04/041 WA\ III SANI'CAR\' SUPPLY 448.20 AP 00322908 2012/04/04 ( WA~u3 SANI"CARL' SUPPLY 151.30 AP 00322908 2012/04/04 ( WAS!(? SANI"I'r\Rl' SUPPLY 531.75 AP 00322908 2012/04/04 ( WA\II`, SANI"fARI' SUPPLY 66.36 AP 00322909 2012/04/04 ( WESCO RECEIVeAI;LES CORP 878.47 AP 00322909 2012/04/04 ( WESt~i) RI?CLIA'A 13LES CORP 1,521.97 AP 00322911 2012/04/041 WEST P.IIIV FI_001+.ING INC 407.00 AP 00322912 2012/04/041 WES"I FRN tJNI VEI±SITY OF HEALTH SCIENCE 20.00 AP 00322912 2012/04/041 WES"I P,RN UNIVERSITY OF HEALTH SCIENCE 43.00 AP 00322912 2012/04/041 WLSI ERN UNIVI~RSITY OF HEALTH SCIENCE 43.00 AP 00322912 2012/04/041 WEST IRN UNIVESITY OF HEALTH SCIENCE 43.00 AP 00322912 2012/04/04 ( WEST P,RN UNIVL=!:SITY OF HEALTH SCIENCE 35.00 AP 00322912 2012/04/04 ( WES I IiItN Ui~'IVEIZSITY OF HEALTH SCIENCE 35.00 AP 00322912 20]2/04/04 ( WIES t IiItN U,~'1VEItSITY OF HEALTH SCIENCE 35.00 AP 00322913 2012/04/04 ( WITS . RUX INl'ER'dA'f'IONAL INC 524.68 AP 00322913 2012/04/04 ( WESI itUX INTER NATIONAL INC 946.30 Ap 00322914 2012/04/04( WILI3!.KTON,UEi:ISE 250.00 User: VLOPE7 -Veronica Lopez Page: 33 Curren[ Date: 04/11/: Report: CK_AGENDA_REG_PORTRAIT_RC - C;::.4gendn Chock Register Portrait Layout Time: 13:3 CITY OF RANCHO CUCAMONGA Agcndn Check Register 3/23/2012 through 4/10/2012 Check No. Check Date Vendor Name AP 00322915 2012/04/04 ( WILSON AND BELL AP 00322915 2012/04/04 ( WILSON AND BELL AP 00322915 2012/04/04 ( WILSON AND BELL AP 00322916 2012/04/04 ( WILSON, RYAN L AP 00322916 2012/04/04 ( WILSON, RYAN L AP 00322916 2012/04/04 ( WILSON, RYAN L AP 00322917 2012/04/041 WIN"LERCORPORATION AP 00322918 2012/04/041 WOODBEND APARTMENTS AP 00322919 2012/04/041 XTREME DL•'CAILING AP 00322919 2012/04/041 XTREMEDETAILiNG AP 00322920 2012/04/041 ZALEWSKI,1011 V AP 00322921 2012/04/04 1 ZEE MEDICAL INC AP 00322922 2012/04/041 ZEn4EL, LIANE EP 00002467 2012/04/041 CAI_IP GOVEIiNML'NT VEBA/RANCHO CUCAMOi EP 00002467 2012/04/04 ( CALIF GOVEItNMBNT VEBA/RANCHO CUCAMOi Amoum 115.00 186.29 188.14 46.33 45.51 60.00 132.51 187.31 210.00 375.00 666.00 1,051.96 45.00 1,505.00 7,025.00 To[al for Entity: 1,306,157.57 P52 User: VLOPEZ -Veronica Lopez 1'a~~e• 34 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Curreu[ Dale: 04/11/: Time: 13:3 P53 A co E U L U O T U C C l~0 ~ ~ ~ V C j N O R fA ~ V ~ ~ t C G ~~ ` ~'p~ R w ~ O ~ 0 oa ~a U --i=Z -'~~ ~2 > 0^ O N b 0 N ~g m f0 ~ N ~ ~0 0 0 ~ o n r ~> b f N m A r A ~ m tp ~ N N W 0 0 ~ C O n ~~ ~ b ^ N N f Id A~ - N m m D ~ f m f N N Ol m b l I f r ~ ~ 0 d O n b b N p - m b n O p X+ N N O b O O a Y d n N ~ 0 < p an d r N W ~ ~ ~ Q N t 0 fD m ~ n ~ 1~ N a0 t7 m m n n < b m n vi ry ry vi a ri o rn ~ a m r ~ « d N o rn o b r d Y~ n o n o y~ o {O L y b O b O !p ~ 1 p p N b o ~ N n ' ~ 'i C p b a tp N p < N m O P O W ~ l7 m N r r O O O N o N LL~ r ui o o c N b j n N o o 0 o 0 O H n o m ° 1O m 0 O W b o n vi ry b m m O 01 r ~ m f ~ r A w c c ~ LL R U y ~X ~ o d a > ~ ~ a ~ °c ~ C d O C W ~ p m Ql '~ E $ 'c j o c J U LL ~ C o m ;, E U b 3 ~ c a T C yc N Uy M ~~ A % a_ ~ U a~ F d 5 E O d U O vd a n E v b C tai a N T ~p L N C U T O j ~E o O d c O L d C ~ v b E y o V1 N N ~ C c v ~ _ C N X O w d G O ~ b n~ r ~ E ~, ¢ N N d O r f! d O ~ C N C N X y ~ b 7 2~ -c n c m IL U d ~ V O n d 2` d U o E o ~ N uB ~ ' o° > > .d+ ~ N N c a d ' d y p ai ao E 3 .o o ~ «°~ ~ ~ > ~`o m n = m n d d ~ ~ - ^j Y ~ ~ ~ °c N .L.~ d y O b 3 W ~O v N C O € m E\ a ~, e 'S o U O n c b` , m C y r \ O U C y Z y J` N m C V1 e C o m b O~ O d 'U d c ~°d f°n N E L .c m m E n ¢ w ~~" a ~mc t v ~ri c rn T N O N b_ C ~ n yd `O LL O C ~ v a~U 3 CI ~+ y N N ~ U~~^ m =cam E b N- d N mt ~ b dF N ~ N U yr' YI 9 C T ~ _ ~ «~rU w N d O l0 roc U u ; 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fV N < y GO A th (O < t0 q a ~O n th N O of N J ~ i0 n (7 N N OI U q N lh M di (9 f9 H 19 f9 D o o a o a o 0 0 o a o 0 o e e e e e e e e e e e e e e I m O O O O O O O O O O 0 0 O O O 0 0 0 0 0 0 0 0 G G O G O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~~ AI ¢¢ a a a a a a ' a a a a a a ' ' ' ' a a a a a a ' ' ' ' ' a a a a a a ' ' ` ' q^ f z z z z z z z z z z z z z z z z z z z i z i z z z z z m so co so ~o so ~o so ~o so n n n n n n n N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 q « 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I L q N N N N N N N N N N N N N N N N N N N N N N N N N N N ~^ aD N N of a0 N N c0 N W N (") M c] th M M N N N~ N 10 N J _ M ~ ~ ~ ~ ~ M M ~ ~ ~ ~ ~ ~ N N N N N N N a m m m m m m m m m m m m co w n n n n n ~ c v tql N C VI p q LL N ~ 9~ O U~ O "O ~ U "O 9 a a a a a a 'O 9 'O o v v o 'O a s q L M C C C C C C C C C C C C C C C C C C C C C C C C C C C _ Ol C~ ~ 7 7 7 7 7 7 7 7 LL LL LL LL LL LL LL LL J J J J J J LL LL LL LL LL LL J J J J J~ LL LL LL LL LL LL 7 7 7 7 7 7 7 LL LL LL LL LL LL LL O 3 L C N N N N N W N N N N N N N N W N N N N N W N W N W N W C q g q q q q q q q g q q q q q g q q q q q g q q q q q q j q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U E ° m m m m m m m m m m m m m m w m ' m ' m m v m m w m m q a k a i a i a j c c c c c c c c 0 0 0 0 0 0 0 0 c c c c c c 0 0 0 0 0 0 c c c c c c 0 0 o a o a c c c c c c c 0 0 0 0 0 0 0 ~ c c c W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C vL' c c C C q 0 O J a ~ ~ 7 L~ q LL c LL p ~ q q C ~ LL C c c C N C c C c c L ~ c U V (~ L Z > C J J C J J C J C C C J a r LL c O` N O !L U LL LL c O` LL O U O oo LL ~ LL u L J LL J O c u 0 0 C % J n 'p U U C x J n U U a + x J c c u c I J u x u c i c r LL O ~ LL N O ¢ X¢~ F LL N X¢¢ V- LL O L ¢¢ LL O¢ F¢¢ in q U . q 6 W ~p d q n W (p I d ¢ N q ~ lp ^ E u m 2 0 ~ w c n E m 2 o c m n m Z E v m a z w ~ m m n E ¢ ~U g q C~ U d 'U q N W ~U ~U N g N d ~U g O C U d ~U d J g N> q q E c U a q w rn a q g N> E y c n g m v ~ N W O '~ q C a q m N Q W g y C q q u rn 0 w urn^¢-aa`~ w~^¢=a` ~n¢~o..a` . o:¢¢rnsa`3 `o ~ a m rn ~ m A¢ A LL q LL q LL A LL C VI N 41 N A 3 3 3 3 ~ o. 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U m~ c ~ U d ~ N n ami I m o m~ q N K Q Q U a` 3 `o ~ w m m ¢ t0 m C LL N F a 3 m 5 0 m ~ ~ c N O m O a a C q m Q N O N O O N O Z 0 U m O Z m a P62 rn fFF > e° o ~ a H n o }~> m o o F a n ~ n C a > O h ~ LLI o a L a C S' > N Omi q 6 ~ N 0 m W O G O O ~' n U .°. ~' ~ m W« ~ N Of n n f e n m p O ~ N n p ^e T N n 0 La° Y d O r r 8 J O ~- r m1 O N m N d N w a W A W C .- ei O N 7 ~ ~ N d ~ ~ e C 16 ~ N m ro ~' 7 C 7 ~ O n gr O `m () ~ ~ L ~ ~ n L D V d~ ~ °o dpj y r d '~ 0 ~ ~ q o 0 ~.+ c d~ N N Ol O C. ~ a o N vOi o p IL ~' a° a ~ e d, YI U e W j o O O C1 N p d q d d C W N p °o °o °o 'y r vi o C ~ b W N O O L ~ p~ ~- O N C a ~ O df g t u m g N 0 N M p Q ~ ~ N m 'c N yy ~ ` C N V ~ p d M d c ~ rN p f = g m ~ V O H r ~ o m O '1~ 7V 0 ~ d_ c ~ C N G ~ C __... a «+• N d o1 N ~ Y y N _ I ~ ~ E N ~ W d A u O o d E d d ~ t d d O. ~ v 8u' 5 ~ U a> W a' z' a N +~ ~ r+ ~ C - ~ Y ~ ~ y r d ] r C N C N O ~ N e9 L 9 O ~ ~ C ~ O ~ ~a°O~ U ~ a Tr 'C N f N 0 a 8 ~~ nl r ~ N N SrO O O r0 N N Y i1 a rm N d q N r N m o 0 ~ 0 0 q O O Y O O g O m N m N N N H y O pO q h N_ m o 0 ~ a o j °0 0 0 0 q O O d N N d d O m L 0 a a 8 d b O OI C O q O Q m O O g N Z ~ K O LL Q U LL ~ q Y m~ m d ¢ 7 m Q 2 D ~ q Z J ~ O C C ~ Q m H ~ m m « ' ~ o ~ ~ °o c C 0 a a m ~U N z `q o a E ~ v, E N v U °m 'a e~ m. e i a ~f O N O P O N O O N °o, O N A N N Yl i~ i N T Y pmi Z y' W K V ~ rn LL 7 ~ a W ~ O q W LL O m S 'C W u N O o O O U u c a W it A Y °1 ~ I m LL m ~ N Oi d N m b Q m b F P63 J D_ O n ~a~ ~ '. O E j LL ~~ d n rc E a 0 N a z' m m a N r O N N d e. ++ M +'' C L 41 V ~ ~ d ~ ~ ~ a~ C l7 ~ L 7 C T Of O t0 m 7 (~g~o L ~ ~ O > .L„ C ~ ~ ~ ~ O Q N ~a U t V V l0 G Ni O ~', E+ w, ~: rc•, m m w m E a 0 u w c H C ._ A 0] m C a a .~ E 0 U 0 0 0 0 O O N b H tll d d y C 6 O U u a d LL N T N m wi N W A a N O O 0 0 0 0 O s N H P64 ~a~~. ~¢~ o ~ j LL 6I n d ? z f a P N 8 0 STAFF REPORT COMMUNITY SERVICES DEPARTMENT Date: April 18, 2012 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: Daniel Schneider, Community Services Supervisor P65 RANCHO CUCAMONGA Subject: APPROVAL OF A REQUEST FROM SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD) FOR A WAIVER OF FEES FOR USE OF THE EPICENTER SPECIAL EVENT AREA ON FRIDAY, JUNE 15, AND SATURDAY, JUNE 16, 2012, TO CONDUCT THEIR ELECTRIC LAWN MOWER EXCHANGE EVENT RECOMMENDATION: It is recommended that the City Council approve the use of the Epicenter Special Event Area on Friday, June 15~' and Saturday, June 161h by South Coast Air Quality Management District (AQMD) for their Electric Lawn Mower Exchange Event and waive associated rental fees. , BAC KG RO U N D IA N A LYS I S The City has received a request from the South Coast Air Quality Management District (AQMD) to hold their Electric Lawn Mower Exchange event at the Epicenter again this year. Through this program, residents can exchange their operable, gasoline-powered lawn mowers for a zero emission cordless electric lawn mower subsidized by the AQMD. This year AQMD is offering a choice of two makes and six models of lawn mowers to the consumers. AQMD is proposing to move onto the Epicenter site on Friday, June 15~' for set up between 10:00 a.m. and 1:00 p.m., so the trailers of new mowers and dumpsters that will receive the old mowers can be set up in advance. AQMD will provide private security overnight at the site to safeguard their equipment and supplies. AQMD staff will be on site starting at 6:00 a.m. on Saturday, June 16~' to finish set-up. The event will be open to the public on Saturday, June 16~h from 8:00 am until 12-noon. Participants must be able to show proof of current residence in AQMD's service area -- all of Orange County, and major portions of Los Angeles, San Bemardino and Riverside counties. AQMD will clean up the site and move out their equipment by 3:00 pm. As in previous years, participants are required to pre-register to take advantage of this opportunity. AQMD estimates that nearly 800 San Bernardino County residents will participate in the event in Rancho Cucamonga. P66 APPROVAL OF A REQUEST FROM SOUIH COAST AIR QiJALITY MANAGEMENT DISTRICT (AQMD) PAGE 2 FOR A WAIVER OF FEES FOR USE OF THE EPICENTER SPECIAL EVENT AREA ON FRIDAY, JUNE 15, AND SATURDAY, JUNE 16, 2012, TO OONDUCT THEIR ELECTRIC LAWN MOWER EXC[-IANGE E VENT APRIL 18,2012 Staff recommends that the City Council waive the fees associated with the proposed Electric Lawn Mower event hosted by AQMD, as this event will help residents "clean the air that we breathe." FISCAL IMPACT: The fiscal impact to the City for the waiver of rental fees associated with this event is $2,000. AQMD would still be required to provide evidence of liability insurance as well as an additional endorsement naming the City of Rancho Cucamonga as additionally insured for the event. Respectfully submitted, ~~-r~ ~I~S~_ Nettie Nielsen Community Services Director I:ICOMMSERNCOUnciBBOardslCdyCourcdlSfallReportslPOf I STAFF REPORT COMMUNITY SERVICES DEPARTMENT RANCHO Date: April 18, 2012 CUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager From: Nettie Nielsen, Community Services Director From: Dave Moore, Community Services Superintendent Keri Hinojos, CPPB, Senior Buyer Subject: APPROVAL TO AWARD A CONTRACT (CO#12-023) FOR THE PURCHASE OF REPLACEMENT BANQUET TABLES AND CHAIRS, TO MITY-CITE, INC. FOR THE REMAINDER OF THE 2011/2012 FISCAL YEAR, WITH THE OPTION TO RENEW IN ONE (1) YEAR INCREMENTS NOT TO EXCEED THREE (3) YEARS, IN ACCORDANCE WITH REQUEST FOR PROPOSAL #11/12-109, IN THE AMOUNT OF $60,000.00 TO BE FUNDED FROM ACCOUNT NUMBER 1025001-5207 (CAPITAL RESERVE FUND 025), AND AUTHORIZE STAFF TO PURCHASE ADDITIONAL OR REPLACEMENT TABLES AND CHAIRS AS APPROVED IN THE FISCAL YEAR 'BUDGET RECOMMENDATION It is recommended that the city council approve the award of a contract (CO#12-023) for the purchase of replacement banquet tables and chairs, to Mity-Cite, Inc. for the remainder of the 2011/2012 fiscal year, with the option to renew in one (1) year increments not to exceed three (3) years, in accordance with request for proposal #11/12-109, in the amount of $60,000.00 to be funded from account number 1025001-5207 (Capital Reserve Fund 025), and authorize staff to purchase additional or replacement tables and chairs as approved in the fiscal year budget. BACKGROUND Central Park, including the James L. Brulte Senior Center and Goldy S. Lewis Community Center, is one of the busiest City facilities with over 400,000 visits annually. Various programs, classes, private rentals, are held at Central Park every day including those activities for seniors, adults, children, families, local non-profit organizations and businesses. The central elements common to all of these activities are the tables and chairs utilized by every patron. The tables and chairs currently. in use at Central Park are the original tables in chairs purchased upon the opening of Central Park in May 2005. During that almost seven (7) year period the tables and chairs have been set-up and torn down multiple times per day. Due to the frequency of their use, the tables and chairs have shown significant wear, have exceeded their useful life, and are in need of replacement. In accordance with the City's Purchasing policies, the Purchasing Division prepared and posted fomtal RFP # 11/12-109 on February 13, 2012. Twenty-two (22) vendors were notified, nine (9) vendors downloaded the solicitation, and four (4) responses were received. All responses were P67 found to be responsive. P68 APPROVAL TO AWARD A CONTRACT (CO#12-020) FOR THE PURCHASE OF Pncr32 REPLACEMENT BANQUET TABLES t1ND CHAIRS, TO MITY-CITE, INC. FOR THE REMAINDER OF THE 2011/2012 FISCt1L YEAR, WITH THE OPTION TO RENEW IN ONE (1) YEAR INCREMENTS NOT TO EXCEED THREE (3) YEt,RS, IN ACC Arxu.18.2012 After analysis of the responses, Mity-Cite, Inc. was determined to be the lowest, most responsive, and responsible vendor meeting the specifications required. The Contract will be awarded for the remainder of the 2011/2012 Fiscal Year, with the option to renew in one (1) year increments, up to a total of three (3) years. With the establishment of an annual contract, the purchase of tables and chairs as specified in the proposal will be available to all City departments to utilize on an as needed basis. All solicitation documentation is on file in the Purchasing Division and can also be found on the City's online bid management system. Respectfully Submitted, v >~~ K i~ Nettie Nielsen Community Services Director STAFF REPORT COMMUNITY SERVICES DEPARTMENT Date: April 18, 2012 jZANCxo To: Mayor and Members of the City Council CjUCAMONGA John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: Karen McGuire-Emery, Senior Park Planner Subject: APPROVAL OF AN AGREEMENT FROM THE COUNTY BOARD OF SUPERVISORS, SECOND DISTRICT, COUNTY OF SAN BERNARDINO, FOR THE CENTRAL PARK PAVILION PROJECT AND APPROPRIATION OF FUNDS IN THE AMOUNT OF $250,000 INTO ACCOUNT NUMBERS: 1120000-4740 (GRANT REVENUE) AND 1120305-5650/1834120-0(CAPITAL PROJECTS: CENTRAL PARK PAVILION) RECOMMENDATION: To approve an agreement from the San Bemardino County Board of Supervisors, Second District, for the Central Park Pavilion Project and appropriate funds in the amount of $250,000 into Account Numbers: 1120000-4740 (Grant Revenue) and 1120305-5650/1834120-0 (Capital Projects: Central Park Pavilion). BACKGROUND: Staff has recently been notified by the County that the City will be receiving $250,000 for a new pavilion structure at Central Park. The San Bernardino County Board of Supervisors, Second District, recognizes the benefit in providing financial resources for the design and construction of a large multi-purpose, outdoor covered activity pavilion at Central Park. The pavilion will provide activity space for picnicking, exercise programs, special event programming and a staging area for Pacific Electric Trail events. The future pavilion will be located adjacent to the park's outdoor grass special event area (see attached conceptual plan) and plans for the placement and construction of the facility will be incorporated into the Central Park Master Plan documents by the Architect of Record for Central Park, RJM Design Group, Inc. Respectfully submitted, '~~f~ ~Ci~l~ Nettie Nielsen Community Services Director P69 attachment P70 PACIFIC ELECTRIC TRAIL ~r IlBll 1 _~ T -~ V ` ` - - =_ - BASE LINE ROAD -mss -- -~ - ~ ~il '~l ~~~I I~ ~ -,~ ~ ,~1+1./ ~A ~j ---~r-~r--I ~~~1 ~ i'~~ ~a U ~~. MASTER PLAN L PARK MASTER PLAN RANCHO CUCAMONGA, CALII~ORNIA it `~ ~ i I~ ~~ . -+g~ P71 COUnty Of STANDAF FOR COUNTY USE ONLY a New Vendor Code Dept. Contrail Number ~;~ °"4 Change SC A Cancel ' County Department Dept. Orgn. Contractor s License No. Board Of Superivsors BDF BDB County Department Contrail Representative Telephone .Total Contract Amount San Bernardino Arthur Milian, ECD Analyst II (909)388-0962 $ 250,000 F A S Contract Type Revenue Encumbered Unencumbered Olher: If not encumbered or revenue contract e, rovide reason: tD CONTRACT Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 4/10/2012 4/9/2013 $ $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAA CNA CNA 300 3305 0142 $ 250,000 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year City of Rancho Cucamonga FY Amount I/D FY Amount I/D 2011-12 250,000 THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of Rancho Cucamonga Address 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Telephone Federal ID No. or Social Security No. (909) 94B - 5043 95-3213002 IT IS HEREBY AGREED AS FOLLOWS: hereinafter called CONTRACTOR This Contract is made and entered into by and between the COUNTY and CONTRACTOR. WITNESSETH WHEREAS, COUNTY recognizes the benefit in providing financial resources for the design and construction of a large multi-purpose outdoor covered activity pavilion at Central Park in the City of Rancho Cucamonga; and, WHEREAS, as part of the 2011-12 budget process, the Board of Supervisors set aside allocations for each supervisorial district to f Hance unbudgeted priority needs throughout the fiscal year; and, WHEREAS, CONTRACTOR will provide residents of the City of Rancho Cucamonga with amulti-purpose outdoor activity pavilion at Central Park in Rancho Cucamonga, to provide activity space for outdoor recreation activities, exercise programs, special event programming and the Pacific Electric Trail (PET) event staging. Auditor/ConVOller-Recorder Use Onl ^ Contract Database ^ FAS Input Date Keyed By Page 1 of 9 P72 NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: PURPOSE OF CONTRACT This Contract is made for the purpose of providing funding to support CONTRACTOR for the design and construction of a large multi-purpose outdoor covered activity pavilion at Central Park in Rancho Cucamonga for the many residents and visitors to the park in the City of Rancho Cucamonga of the Second Supervisorial District. The pavilion would provide activity space for outdoor activities, exercise programs, special event programming and PET event staging. SCOPE OF SERVICES Funding arising out of this Contract will be used to assist CONTRACTOR in developing of a 99 acre park (known as Central Park) with multiple phases of construction planned. The funding will allow for the design and construction of a large multi-purpose outdoor covered activity pavilion at Central Park. The pavilion will be located adjacent to the park's outdoor grass special event area, Brulte Senior Center, Lewis Community Center and close to the PET entry. The park will benefit many residents in the City of Rancho Cucamonga and in the unincorporated areas of the Second Supervisorial District. 3. TIME OF PERFORMANCE The services to be provided by CONTRACTOR shall commence upon approval of this contract and shall be completed by April 9, 2013. 4. COMPENSATION AND METHOD OF PAYMENT For performance of such services, COUNTY shall provide funding in an amount not to exceed two hundred fifty thousand dollars ($250,000). This payment shall constitute full and complete compensation to CONTRACTOR under this Contract. Any costs in excess of the amount available in this section shall be the sole responsibility of CONTRACTOR. This condition however, does not preclude COUNTY from providing additional funding at its sole discretion. For the purpose of this Contract, COUNTY shall disburse compensation and monitor the CONTRACTOR'S performance in satisfying the scope of work obligations under the terms of this Contract. Disbursement of funds to CONTRACTOR shall be made on a reimbursable basis. Reimbursements may be made periodically after CONTRACTOR has provided "audit-ready" documents that demonstrate, to the satisfaction of COUNTY, that CONTRACTOR has expended the sum(s) requested. COUNTY may require additional information or documents and if insufficient documentation is provided, COUNTY may reject the request for reimbursement. Reimbursements will not be made until COUNTY is satisfied that the expenditure of funds was made in accordance with the Contract terms. All reimbursement requests must be submitted to COUNTY Economic Development Agency at the location identified in Section 33 within 60 days of the expiration of this Contract. 5. COMPLIANCE WITH LAWS CONTRACTOR hereby agrees that it will comply with all applicable federal, state and local laws, including but not limited to the payment of prevailing wages as described in Section 6 herein. CONTRACTOR, pursuant to Paragraph 21, Indemnification, agrees to indemnify, defend and hold harmless COUNTY in the event any claims, actions, losses, damages andlor liability arises out of the failure to comply with any applicable laws. 6. PREVAILING WAGES By its execution of this Agreement, CONTRACTOR certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws'), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If Services are being pertormed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws. CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of Revised 1/11/2011 Page 2 of 9 P73 worker needed to execute the Services available to interested parties upon request, and shall post copies at the CONTRACTOR's principal place of business and at the project site. Pursuant to Section 21, CONTRACTOR shall defend, indemnify and hold the COUNTY, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws. ON-SITE INSPECTION COUNTY, its officers, agent and employees, will have the privilege and right to on-site inspection of CONTRACTOR'S facilities and the Project for the duration of this Contract. CONTRACTOR will ensure that its employees or agents furnish any information that in the judgment of COUNTY may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program. 8. CERTIFICATION OF COMPLIANCE CONTRACTOR certifies that it is organized in accordance with the laws of the State of California and is in good stand standing with the Secretary of State and all other regulatory agencies with jurisdiction, including but not limited to, the Internal Revenue Service and the California Franchise Tax Board. Upon request of COUNTY, CONTRACTOR will provide corporate documents demonstrating the organization, existence and good standing of the corporation or foundation. 9. AUTHORIZATION TO EXECUTE The officer executing this Contract certifies that he or she has the power and authority to execute this Contract on behalf of CONTRACTOR and that this Contract is binding and enforceable against CONTRACTOR in accordance with its terms. 10. ACCOUNTING AND RECORDS CONTRACTOR must establish and maintain on a current basis an adequate accounting system in accordance with Generally Accepted Accounting Principles. CONTRACTOR agrees to maintain all records relating to this Contract for a period of three years after the termination or expiration of this Contract. County or any appointee thereof shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested. 11. VIOLATION OF CONTRACT Except as otherwise provided in this CONTRACT, in the event that CONTRACTOR violates any of the terms and conditions of this Contract, COUNTY shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of written notice, CONTRACTOR has not corrected the violation or shown acceptable cause, COUNTY has the right to terminate this Contract. County will provide a written Notice of Termination. It is agreed that in the event of a termination due to a violation of this Contract by CONTRACTOR, it shall pay to COUNTY within ten (10) days of receipt of a Notice of Termination, any and all unexpended funds. If CONTRACTOR violates any terms and conditions regarding the proper expenditure of funds, CONTRACTOR will be required to reimburse COUNTY for any improper expenditure. In the event of a violation, COUNTY may pursue any legally available remedies. 12. ASSIGNMENT This Contract is not assignable by CONTRACTOR, without the express written consent of COUNTY. Any attempt by CONTRACTOR to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract. 13. TERMINATION AND TERMINATION COSTS Except as otherwise provided herein, this Contract may be terminated in whole or in part at any time by either party upon giving (30) days notice in writing to the other party. The Chief Executive Officer is hereby empowered to give said notice subject to ratification by the COUNTY Board of Supervisors if required. Except as otherwise provided herein, COUNTY may immediately terminate this Contract upon the termination, suspension, discontinuation or Revised 1/11/2011 Page 3 of 9 P74 14. 15. substantial reduction in COUNTY funding for the Contract activity or if for any reason the timely completion of the services under this Contract is rendered improbable, infeasible or impossible. If CONTRACTOR fails to comply with any material term of this Contract, COUNTY may take one or more of the following actions: disallowing non-compliant costs, wholly or partly suspending or terminating the award, withholding further awards, prosecuting an action for breach of contract and any other remedies that are legally available. REVERSION OF ASSETS Except as otherwise provided herein, upon Contract termination, CONTRACTOR shall transfer to COUNTY all COUNTY Funds on hand at the time of expiration and any accounts receivable attributable to the use of COUNTY Funds. TIME OF PERFORMANCE MODIFICATIONS The Chief Executive Officer may grant time of performance modifications to this Contract when such modifications: a. In aggregate do not exceed twelve (12) calendar months; b. Are specifically requested by CONTRACTOR; c. Will not change the project goals or scope of services; d. Are in the best interests of COUNTY and CONTRACTOR in performing the scope of services under this Contract; and e. Do not alter the amount of compensation under this Contract. 16. 17 18. 19. INDEPENDENT CONTRACTOR All parties hereto in the performance of this Contract will be acting in independent capacities and not as agents, employees, partners, joint venturers, 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. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, in, be refused the benefits of, or otherwise be subjected to supported by this Contract. religion, or national origin, be excluded from participating discrimination in any activities, programs, or employment CONTRACT COMPLIANCE CONTRACTOR shall comply with Executive Orders 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), Title VII of the Civil Rights Act of 1964, and the California Fair Housing and Employment Act, and other applicable federal, state and COUNTY laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. IMPROPER CONSIDERATION CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration, such as, but not limited to, cash, discounts, services or the provision of travel or entertainment, or any items of value to any officer, employee or agent of COUNTY in an attempt to secure favorable treatment regarding this Contract or any contract awarded by COUNTY. COUNTY, by notice, may immediately terminate this Contract or any COUNTY contract if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of COUNTY with respect to any proposal or award process involving this Contract or any other COUNTY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Contract or any COUNTY contract has been awarded. Attorneys shall immediately report any attempt by any COUNTY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, COUNTY is entitled to pursue any available legal remedies. Revised 1/11/2011 Page 4 of 9 P75 20. If during the course of the administration of this Contract, COUNTY determines that CONTRACTOR has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to COUNTY, this Contract may be immediately terminated. If this Contract is terminated according to this provision, COUNTY is entitled to pursue any available legal remedies. 21 INDEMNIFICATION CONTRACTOR agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and hold harmless COUNTY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by COUNTY on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault indemnitees. CONTRACTOR'S indemnification obligation applies to COUNTY'S "active" as well as "passive" negligence but does not apply to COUNTY'S "sole negligence' or "willful misconduct" within the meaning of Civil Code Section 2782. 22. INSURANCE REQUIREMENTS CONTRACTOR agrees to provide insurance set forth in accordance with the requirements herein. If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, CONTRACTOR agrees to amend, supplement, or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract services. Without in any way affecting the indemnity herein provided and in addition thereto, CONTRACTOR shall self-insure to the levels identified herein or shall secure and maintain throughout the Contract the following types of insurance with limits as shown: Workers' ComoensationlEmplover's Liabilitv - A program of Workers' Compensation insurance or a state- approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employers' Liability with $250,000 limits, covering all persons including volunteers providing services on behalf of CONTRACTOR and all risks to such persons under this Contract. If CONTRACTOR has no employees, it may certify or warrant to COUNTY that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the COUNTY'S Risk Manager. With respect to contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. If the COUNTY'S Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. Commercial/General Liabilitv Insurance -CONTRACTOR shall carry General Liability Insurance covering all operations pertormed by or on behalf of CONTRACTOR providing coverage for both bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: a) Premises operations and mobile equipment b) Products and completed operations c) Broad form property damage (including completed operations) d) Personal injury e) Contractual liability f) $2,000,000 general aggregate limit Revised 1/112011 Page 5 of 9 P76 Automobile Liabilitv Insurance -Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired, and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. If CONTRACTOR is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If CONTRACTOR owns no autos, anon-owned auto endorsement to the General Liability policy described above is acceptable. Umbrella Liabilitv Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. Additional Insured -All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies shall contain endorsements naming COUNTY and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for COUNTY to vicarious liability but shall allow coverage for COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85. Waiver of Subrogation Rights -CONTRACTOR shall require the carriers of required coverages to waive all rights of subrogation against COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit CONTRACTOR and its employees or agents from waiving the right of subrogation prior to a loss or claim. CONTRACTOR hereby waives all rights of subrogation against COUNTY. Policies Primary and Non-Contributory -All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by COUNTY. Severability of Interests -CONTRACTOR agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between CONTRACTOR and COUNTY or between COUNTY and any other insured or additional insured under the policy. Acceptability of Insurance Carrier -Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A-VII". Deductibles and Self-Insured Retention -Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management. Failure to Procure Coverage - In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, COUNTY has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by COUNTY will be promptly reimbursed by CONTRACTOR or COUNTY payments to CONTRACTOR will be reduced to pay for COUNTY purchased insurance. 23. PROOF OF COVERAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and Revised 1/11/2011 Page 6 of 9 P77 CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. 24. INSURANCE REVIEW Insurance requirements are subject to periodic review by COUNTY. The COUNTY's Risk Manager, or designee, is authorized, but not required, to reduce, waive, or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of COUNTY. In addition, if Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager, or designee, is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against COUNTY, inflation, or any other item reasonably related to the COUNTY'S risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. CONTRACTOR agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of COUNTY to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on part of COUNTY. 25. ELECTRONIC FUNDS CONTRACTOR shall accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited into the CONTRACTOR'S designated checking or other bank account. CONTRACTOR shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments. 26. LEGAL FEES CONTRACTOR understands and agrees that any and all legal fees or casts associated with any litigation or other legal proceedings, concerning this Contract shall be the CONTRACTOR'S sole expense and shall not be charged as a cost under this Contract. In the event of any Contract dispute hereunder, each party to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the outcome of the dispute. 27. CERTIFICATION REGARDING USE OF FUNDS By execution of this Contract, CONTRACTOR certifies that it will use the funds provided in accordance with the description of the scope of services described in Paragraph 2. Failure to do so will result in a breach of contract and COUNTY may pursue any available remedies. 28. COUNTY'S NAMING POLICY CONTRACTOR understands and acknowledges that pursuant to County 08-17, no facility funded in whole or in part, by the County of San Bernardino shall be named after any elected official at the local, State or Federal level who is serving as such at the time the facility is named. Absent significant overriding facts and circumstances, facilities should not be named after any elected person unless the individual has not served in elected office for a period of three years. It is also the policy of the Board of Supervisors that no third party sponsored function, event or activity funded in part by the County shall be named for a currently serving member of the Board of Supervisors. No signage (permanent or temporary) relating to a facility funded in whole or part by the County shall contain the name of the currently serving member of the Board of Supervisors in whose district the facility is located, provided however, that the names of the entire membership of the Board may be set forth on the signage. 29. AMENDMENTS: VARIATIONS This writing, with attachments, embodies the whole of the Contract of the parties hereto. There are no oral agreements contained herein. Except as herein provided, any changes to or variation in the terms of this Contract Revised 1/11/2011 Page 7 of 9 P78 shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 30. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 31 32. 33. /!/ /// BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. SEVERABILITY If any provision of this Contract shall, to any extent, be deemed to be invalid or unenforceable, the remainder of the Contract shall not be affected, and each remaining provision shall be valid and enforced to the fullest extent permitted by law. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Chad Mayes, Chief of Staff Board of Supervisors, Second District 385 N. Arrowhead Avenue, 5'" Floor San Bernardino, CA 92415 cmays@bos.sbcou nty.gov fax (909)387-3265 With a copy to: County of San Bernardino, EDA 385 N. Arrowhead Avenue, 3rd Floor San Bernardino, CA 92415-0043 Attn: Community Development Division City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: John R. Gillison, City Manager Revised 1/11/2011 Page 8 Of 9 P79 34. COUNTERPART EXECUTION 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. IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year written below. COUNTY OF SAN BERNARDINO Josie Gonzales, Chair, Board of Supervisors Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Laura H. Welch Clerk of the Board of Supervisors of the County of San Bernardino By Deputy CITY OF RANCHO CUCAMONGA By - (Authorized signature -sign in blue ink) Name John R. Gillison Title City Manager (Pdnf or Type) approved as to i County Counsel Date by Contract Compliance Date Presented to Department Head Date Revised 1/11/2011 Page 9 of 9 STAFF REPORT Public Works Services Department Date: April 18, 2012 To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director By: Ty Quaintance, Facilities Superintendent Michael Maston, Assistant Engineer P80 ~,' J RANCHO CUCAMONGA Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF A CONTRACT IN THE AMOUNT OF $33,898.00, TO THE APPARENT LOW BIDDER, DE LA RIVA CONSTRUCTION, INC. OF FULLERTON, CALIFORNIA, AND AUTHORIZE THE EXPENDITURE OF A CONTINGENCY,IN THE AMOUNT OF $3,400, FOR THE "CITY HALL MAIN LOBBY CEILING REPLACEMENT PROJECT" TO BE FUNDED FROM CAPITAL RESERVE ACCOUNT 1025001-5602 AS APPROVED IN THE FY 2011/2012 BUDGET It is recommended that the City Council accept the bids received and award and authorize the execution of a contract in the amount of $33,898, to the apparent low bidder, De La Riva Construction, Inc. of Fullerton, California, and authorize the expenditure of a contingency in the amount of $3,400, for the "City Hall Main Lobby Ceiling Replacement Project" to be funded from Capital Reserve account 1025001-55602 as approved in the FY 2011/2012 budget. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on March 27, 2012, for the subject project. The FY 2011 /2012 budget amount for the project is $50,000. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the apparent low bidder meets the requirements of the bid documents. The spline ceiling system in City Hall's main lobby has reached its life expectancy (20+ years) and needs to be removed and replaced with a new "T-bar' ceiling system. The existing spline ceiling is no longer being manufactured and replacing the spline ceiling system will allow Facilities to have one standard ceiling the for City Hall, thus expediting repairs, reducing stock expenses, improving sound efficiency and overall aesthetics. The City Hall Main Lobby Ceiling Tile Replacement Project is scheduled for 30 working days and will have little to no impact on City employees or citizens. The project will have working hours from 6:00 p.m. to 2:00 a.m. which will eliminate any disruptions during normal working hours. Scaffolding will be installed within the main lobby and will be done in such a way as to provide a walking path for employees and citizens throughout the main lobby. Res ttull bmitt d, William Wittkopf Public Works Services Director WW:TQ:mm P81 STAFF REPORT - ENGINEERING SERVICES DEPART\[ENT Date: April 18, 2012 RANCHO C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Fred Lyn, Utilities Division Manager Subject: ADOPTION OF AN ENERGY RISK MANAGEMENT POLICY FOR THE RANCHO CUCAMONGA MUNICIPAL UTILITY RECOMMENDATION It is recommended that the City Council adopt the attached Energy Risk Management Policy for the Rancho Cucamonga Municipal Utility (RCMU). BACKGROUND/ANALYSIS In an attempt to comply with certain aspects of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), the Federal Energy Regulatory Commission (FERC) directed all the organized electricity market operators, including the California Independent System Operator (CAISO) to establish a minimum participation criteria to ensure that risk management controls are in place for an electric utility participating in the CAISO market. RCMU is a market participant in the CAISO market and the cornerstone of FERC's minimum participation requirement includes an annual submission of a fully executed Officer Certification Form by each market participant every April 30`", certifying they have an appropriate risk management policy and controls in place to participate in the. CAISO markets. The CAISO's goal is for market participants such as RCMU to adopt and/or update their energy risk management policies to address the risks associated with the purchasing of electric commodities and to ensure that best management practices are in place to protect both the market participant -and the organized wholesale electric market from default. The attached Energy Risk Management Policy was prepared by RCMU staff and has been reviewed and approved by the utility's regulatory attorney. Respectfully submitted, '"~~ Mark uer Director of Engineering Services/City Engineer Attachment P82 RANCHO CUCAMONGA MUNICIPAL UTILITY Energy Risk Management Policies For Consideration by City Council April 18, 2012 P83 Energy Risk Management Policies Table of Contents I. EXECUTIVE SUMMARY ..................................... ...................................................................1 ................ II. ENERGY RISK MANAGEMENT APPROACH,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 III. POLICY SCOPE .............................................................................................. .........................................1 IV. POLICY OBJECTIVES ................................................................................... ........................................? 1. Stable Electric Rates ............................................................................. .........................................2 2. Preserve a Supply Cost Advanta9e .................................................. .........................................2 3. Best Business Practices ................................................:...................... .........................................2 V. GENERAL TRANSACTION POLICY .......................................................... ........................................? 1. Anti-Speculation ...................................................................................... ........................................? 2. Maximum Transaction Term ................................................................ ........................................? 3. Competitive Process .............................................................................. ........................................? VI. OVERSIGHT BODIES .................................................................................... ........................................3 1. City Council .............................................................................................. ........................................3 2. City Manager ........................................................................................... ........................................3 3. RCMU Management Oversight ........................................................... ........................................ 3. Front Office -Planning and Procurement,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,3 Middle Office -Controls and Reporting ............................................. ........................................ 3 Back Office -Settlement and Processing,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,3 VII. COMMODITY PRICING POLICY ................................................................ ........................................3 VIII. COUNTERPARTY CREDIT POLICY .......................................................... ........................................4 IX. AUTHORIZED TRANSACTING PRODUCTS,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4 X. TRANSACTING AUTHORITY ...................................................................... ........................................5 XI. CONFLICT OF INTEREST POLICY ........................................................... ........................................5 P84 I. EXECUTIVE SUMMARY ft is the policy of the Rancho Cucamonga Municipal Utility (RCMU) to provide reliable and affordable energy and energy related services to its commercial customers in an environmentally sustainable mahner. In addition, this policy is consistent with the City's business objectives of making financially sound and timely investments in the capital infrastructure of the municipal utility to ensure the reliable delivery of energy and energy services to its customers. The Energy Risk Management Policy (Policy) details the key control structures and policies RCMU employs for prudent risk management. It is based on sound utility risk management principles, while adhering to financial and legal requirements set forth by the City Council and the City Manager. The control structures and policies are focused on the following: Clearly defined segregation of duties and delegation of authority Organizational structure for risk management controls Policies related to setting acceptable risk parameters and risk limits Policies for risk reporting Permitted transaction authority and product types. ENERGY RISK MANAGEMENT APPROACH This Policy applies to all City of Rancho Cucamonga (City) employees engaged directly or indirectly in transacting on behalf of RCMU in the energy markets. The first objective of. this Policy is to build and maintain risk awareness within the City and recognize the risks faced in transacting in the energy markets. It is critical that all members of the organization have awareness that participation in the energy business entails a host of risks, and that all members have knowledge of the Policy. The City recognizes that certain risks are inherent in the energy business environment. The City seeks to minimize risks in order to provide rate stability to its retail customers and a stable financial return to the City's General Fund. The basic approach underlying the City's energy risk management approach is that no activities related to energy purchase and sales should expose the City to the possibility of large financial losses in relation to the size of the electric reserve funds. POLICY SCOPE This Policy shall apply to the resources and contracts of RCMU and the enterprise funds that relate directly to the acquisition of energy resources. This Policy describes the management, organization, authority, processes, tools and systems to monitor, measure, and control market risks to which the City is exposed in its normal course of business, including wholesale and retail operations, capital projects and participation in joint powers authorities. This Policy does not address the City's general business risks such as fire, accident, casualty, worker health and safety, and general liability. 1 P85 IV. POLICY OBJECTIVES The primary objectives of RCMU's energy risk management activities are to balance the business objectives of (1) providing stable electric rates to end users, (2) preserving a supply cost advantage through obtaining the best available energy price, and (3) managing business practices to allow the City to work efficiently and cost effectively. 1. Stable Electric Rates ' Stable rates are of high importance to the citizens and businesses in Rancho Cucamonga. However, energy commodity market prices are extremely volatile. Therefore, a primary objective is to manage the risks inherent in the energy commodity markets in which RCMU participates. The rate stability objective will be to mitigate market risk and credit risk. Reserve balances maintained by the electric utility provide financial liquidity and flexibility in entering into other shorter-term contracts ahd purchases of energy in the spot and forward market as needed to meet the projected load. Maintaining the safety of these reserve funds is a matter of high priority for RCMU and the City. 2. Preserve a Supply Cost Advantage RCMU will strive to: (a) reduce exposure to potential adverse energy price movements; (b) enhance revenue by taking advantage of any flexibility in RCMU contracts and resources; and (c) enhahce revenue by offering commodity products that address customer needs and adequately cover costs. 3. Best Business Practices RCMU staff will utilize best business practices and controls that are sufficient to identify, evaluate, and manage risks, and are designed to streamline and minimize recording, analysis and reporting requirements. Staff will. strive to improve the risk management procedures to enhance productivity, reduce the cost of conducting risk management activities, and maintain transparency and value of the risk management process. V. GENERAL TRANSACTION POLICY 1. Anti-speculation Speculative buying and selling of energy products is prohibited. Speculation is defined as buying energy not needed for meeting forecasted load or selling energy that is not owned. In no event shall transactions be entered into to speculate on market conditions. 2. Maximum Transaction Term The maximum term of any supply resource transaction (purchase or sale) should be ten years, unless specifically approved by the City Council, to meet long-term portfolio planning objectives. 3. Competitive Process Whenever possible, RCMU will obtain three or more quotations when making a purchase or sale transaction and select the best price from a responsible bidder. 2 P86 VI. OVERSIGHT BODIES 1. City Council The City Council is responsible for making high-level broad policy and strategy statements as contained in this Policy document. The Policy shall guide the general vision of RCMU business practices, articulating the City's risk philosophy, and establishing risk tolerances. The City Council shall adopt the Policy and delegates the City Manager or his/her designee to execute it. The City Council will review the Policy on an as needed basis. Additionally, the City Council shall receive reports from. the City Manager or his/her designee regarding energy risk management activities as requested. 2. City Manager The City Manager has the overall responsibility for executing and ensuring compliance with the Policy adopted by the City Council. 3. .RCMU Management Oversight Risk management oversight at an operational level is accomplished through supervisory review and approval and appropriate separation of duties. RCMU risk management functions are separated as follows: Front Office (Planning Middle Office (Controls Back Office and Procurement) and Reporting) (Settlement and Processin Duties and Functions Duties and Functions Duties and Functions • Marketing contact • Independent control Scheduling • Deal structure Risk monitoring Confirmations • Pricing .Risk measurement Reconciliations • Transaction booking Transaction Accounting • Resource planning compliance . Settlement • Procurement • Counterparty approval • Invoicin Staff Responsibilitv Staff Responsibilitv Staff Responsibilitv • Utilities Div. Manager Utilities Div. Manager .Riverside Public • Director of Eng. Svcs. Utilities (RCMU • City Manager Scheduling Agent) • RCMU Staff VII. COMMODITY PRICING POLICY Policy Statement Retail prices for energy supplies will be fair and equitable to all customers and will recover all incurred costs. The commodity pricing .policy will be used for both the development of standardized commodity tariffs and for long-term, or customized, customer contract rates, if appropriate. The City Manager is responsible for implementing this policy by overseeing the process of all commodity rate development and ensuring that all procedures are followed 3 P87 consistently and that all calculations 'are appropriately documented. The commodity pricing policy is composed of the following principles: 1. Direct Cost Recovery: All direct costs of providing commodity service will be recovered in commodity rates. 2. Risk Management: To the extent practicable, all rates and contract terms must protect RCMU from major contingencies. To the extent that RCMU assumes risk or costs associated with mitigating risk to provide commodity products to customers, the customer shall pay reasonable compensation for bearing or mitigating that risk. 3. Indirect Cost Recovery: To the extent practicable, it is an objective to recover all indirect costs of commodity service from commodity customers. VIII. COUNTERPARTY CREDIT POLICY 1. Objectives The objective of the Counterparty Credit Policy is to minimize the potential adverse financial impacts on the City in the event of a defaulting counterparty. RCMU will minimize the City's credit exposure and potential adverse financial impacts by: Establishing a credit risk management governance and oversight structure within the existing energy risk management program Providing a framework to enable the City to qualify energy suppliers and transact with approved counterparties; and Providing counterparty transacting parameters (limits) to control. and measure the City's exposure to any one supplier 2. Guidelines to Qualify Suppliers Counterparty credit risk management involves selecting reputable energy companies to supply the City and allocating purchases amongst multiple suppliers. RCMU will establish guidelines setting out qualification criteria for potential counterparties of the City. RCMU shall maintain a list of approved counterparties. IX. AUTHORIZED TRANSACTING PRODUCTS The purpose of this subsection is to ensure proper controls are.in place to minimize risk when transacting under the City's open Electric Master Agreements, including Western Systems Power Pool (WSPP), the Edison Electric Institute (EEI) Master Power Purchase & Sales (MPPS) and the International Swaps and Derivatives Association (ISDA), as well as transactions made in the California Independent System Operator (CAISO) markets. Transactions not covered by the Master Agreements or applicable CAISO Operating Agreements must conform to the City's municipal code and this Policy, and must be approved by the City Council. In general, the types of products to be purchased include electricity, capacity, transmission, ancillary services, congestion, renewable energy, and renewable energy credits (RECs). 4 P88 The City Council is responsible for authorizing all products and commodity types to be executed under the Electric Master Agreements. All transactions must be consistent with this Policy. Transactions of products not approved by the Council are strictly prohibited. Key elements of the Authorized Transacting Products Policy are as follows: Policy applies to transactions executed under the Council-approved Electric Master Agreements • Policy applies to transactions carried out by RCMU staff • All counterparty-transactions must be committed to by an authorized trader • All transactions must be with eligible counterparties with adequate available credit • All transactions must be committed over a recorded phone line; via electronic mail; or through a signed confirmation from both parties. Approved products are limited to purchases to meet load and/or sales incidental to load for the following: Purchase of physical fixed price or index-based price energy • Sale of physical fixed price or index-based price energy • RECs with or without bundled energy to meet the City's Renewable Portfolio Standard • Electric Ancillary Services , Local and system capacity to meet the City's Resource Adequacy Program; Fixed price or index-priced purchases and sales to substitute the use of higher cost resources with lower cost market alternatives. X. TRANSACTING AUTHORITY The City Manager or his/her designee has the authority to purchase and sell wholesale energy commodities under any open Electric Master Agreements. The Utilities Division Manager is granted the authority to negotiate for the purchase and sale of energy commodities. Authority to enter into transactions must be based on City Council approved contracts such as master agreements, purchase agreements, or other contractual forms, including, but not limited to: WSPP, MPPS, ISDA and the CAISO. In all cases, the agreements authorize the City Manager and/or his/her designee to execute the confirmation agreement in the amount necessary to provide electric service to RCMU customers. XI. CONFLICT OF INTEREST In accordance with the Municipal Code and California law, personnel involved in transacting and oversight of RCMU's supply resource acquisition programs may not engage in financial conflicts of interest, unless the City is duly informed and it elects to waive such conflicts. All personnel in procuring or selecting counterparties for contracting or transacting are required to complete, on an annual basis, the Form 700 Disclosure forms and submit these forms to the City Clerk. 5 P89 STAFF REPORT ~- EI~GING;I?,ItING SrRVICI~.S DLP:Ut"r\(1?.\'.~. RANCHO Date: April 18, 2012 C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer /r"~" Shelley Hayes, Assistant Engineer ~~ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $132,000.00, TO THE LOWEST RESPONSIVE BIDDER, ALL AMERICAN ASPHALT, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $13,200.00, FOR THE LEMON AVENUE PAVEMENT REHABILITATION FROM SAPPHIRE STREET TO CARNELIAN STREET TO BE FUNDED FROM PROPOSITION 42 FUNDS, ACCOUNT N O. 1190303-5650/ 17 31190-0 RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $132,000.00, to the lowest responsive bidder, All American Asphalt, and authorize the expenditure of a 10% contingency in the amount of $13,200.00, for the Lemon Avenue Pavement Rehabilitation from Sapphire Street to Carnelian Street to be funded from Proposition 42 Funds, Account No. 1190303-5650/1731190-0. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on March 27, 2012, for the subject project. The Engineer's estimate was $131,157.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. The scope of work consists of the installation of asphalt rubber hot mix, cold .planing, striping and pavement markings and inductive loops, and it is estimated that approximately two jobs will be generated in connection with this project. The contract documents call for forty (40) working days to complete this construction. Respectfully submitted, ar uer Director of Engineering Services/City Engineer MAS/RMD/SH:Is Attachments P90 CITY OF RANCHO CUCAMONGA LEMON AVENUE PAVEMENT REHABILITATION (FROM SAPP~RE ST. 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R ~ ~ ~ r ~ > ~ ~ O N a Ol N ~C G ~ ~ ~ J A CC L' = N O N Oa '~' L ~ x N d U O ~ OI O j d ~ O n ~o m o C o L a U _ n a N o~ L ~ ~, ~ s F ~ K ~ ~ m 'o ~ m a ~ E 3 v o c U ~ _ U ~ N L N G N N N - U N ~ ~ C > > a 4 ~ {sl . ~ R D O O N N (O l~ R G Q ~ O O. Q Q Q C fn C F C a '7 ~ ~ Q (n (n W W W W J W J o Q ~ C M N ~ N ~ O W ~ ~ O O O V ^~ p, o rn m y ~ ri ra ° ~i ri v Sri ~o ~ o0 0~ o z 0 N 0. STAFF REPORT ENGINEERING SERVICES DEP~IRTMENT Date: April 18, 2012 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Dan James, Senior Civil Engineer , RANCHO CUCAMONGA Subject: APPROVAL OF CONSENT TO INDIRECT TRANSFER OF CONTROL OF NEXTG NETWORKS OF CALIFORNIA, INC. AT ITS PARENT LEVEL WITH NO CHANGE OF OWNERSHIP OR INTEREST IN NEXTG AND NO IMPACTS TO CITY ASPECTS OF ORGINIAL AGREEMENT RECOMMENDATION Staff recommends City Council approve the request from NextG Networks of Califomia, Inc. for consent to indirect transfer of control by adoption of attached resolution. BACKGROUND/ANALYSIS NextG Networks is a wireless communication company headquartered in San Jose, Califomia, which provides communications infrastructure for wireless service providers. NextG entered into an agreement with the City for installation of their communication facilities within the City public right-of-way on November 19, 2008. NextG has installed and will continue to install their communication facilities within the City. NextG is in the process of a parent holding company level transaction as more fully explained in the attached letter. The letter requests the City approve the Consent to Change in Control of NextG Networks of California, Inc. by accepting their consent form document. The City Attorney's office reviewed this consent form and through discussion with their attorney is recommending use if the attached Resolution instead. Respectfully submitted, ~~ M Director of Engineering Services/City Engineer MAS/DFUrIf P95 Attachment © SALTER 0 JOYCE J/aN ) ~~.2 © I i ,_ Z I K E R ~~y.~~_~_--_ - Barry G. Ziker Direct Dial: 206.957.5952 Email: bziker@sjzlaw.com January 11, 2012 VIA FEDEX City of Rancho Cucamona/ Attn: Jack Lam, City nager 10500 Civrc Ce Drive Rancho C monQa CA 91730 Consent to Change in Control of NextG Networks Dear Mr. Lam: The City of Rancho Cucamonga ("City") and NextG Networks of Califomia, Inc. ("NextG") are parties to aRight-of--Way Use Agreement dated November 19, 2008 ("Agreement'). Under the terms of the Agreement, the City's consent is required in the event NextG is subject to a change in control. As more fully set forth in the enclosed Consent to Change in Control of NextG Networks of Califomia, Inc., NextG requests that the City consent to a proposed change of control transaction between, among others, NextG's parent company (NextG Networks, Inc.) and Crown Castle International Corp. ("CCI"). Additional information is set forth in the enclosed FAQ sheet. We would appreciate very much your assistance in securing the City's consent to the proposed transaction and related change of control, including consideration by the City Council, if applicable, within the next thirty (30) days. Duplicate originals of the Consent signed on behalf of NextG aze enclosed. Should you have any questions, please contact me (we are counsel for CCI) or, in connection with any questions directed to NextG, please contact: Robert Delsman SVP Government Relations & Regulatory Affairs 890 Tasman Drive Milpitas, CA 95035-7439 (510)859-3596 rdelsman(a)nextgnetworks.net Please note that the address shown .above for NextG is the address to be used for notice purposes under Section 9 of the Agreement. P96 SALTER JOYCE ziKra, PLLC ^ 1601 Fifth Avenue. Suite 2040 Seattle, WA 98101 ^ p 206.957.5960 f 206.957.5961 ~30~~OOS ~i~law~com P97 City of Rancho Cucamonga January 11, 2012 Page 2 Thank you in advance for your prompt and favorable consideration in this matter. Sincerely, SALTER JOYCE ZIKER, PLLC rry iker cc w/enc: NextG Networks of California, Inc. Crown Castle Solutions Corp. BGZ:BT Enclosures 3044 005 ia100103 P98 NextG Networks of California, Inc. Change in Control Transaction and Consent -FAQs I. What'is NextG requesting from the City? Under the terms of the right of way agreement between the City and NextG Networks of California, Inc. ("NextG"), the City's consent is required if NextG or its pazent company wishes to transfer a certain level of ownership interests to a third party, although the consent may not be unreasonably withheld, conditioned, or delayed. 2. What is the nature of the change in control transaction and who are the parties? NextG is wholly owned by NextG Networks, Ina ("Pazent"). Parent and Crown Castle International Corp. ("CCI") entered into an agreement on December 15, 2012 that, upon closing, will result in Pazent being wholly owned by Crown Castle Solutions Corp. ("Solutions"), which, in turn, is a subsidiary of CCI. 3. Will NextG still exist after the proposed transaction? Yes. NextG (and Parent) will survive the merger and will continue to own. and operate the telecommunications facilities within the City. 4. Will NextG still be the party to the right of way agreement? Yes. NextG, along with the City, will continue to be a party to the agreement. There is no change in the parties to the agreement. Only consent to the change in the ultimate ownership of NextG is requested. 5. Does CCI or any of its current subsidiaries have experience operating distributed antenna system (DAS) networks or other telecommunications facilities? Yes. CCI, through its subsidiaries, owns, operates and leases towers and other infrastructure for wireless communications, offering significant wireless coverage to 92 of the top 100 U.S. mazkets. CCI, through its subsidiaries, owns, operates and manages over 22,300 tower and rooftop sites throughout the United States and is one of the largest tower operators in the country. Solutions and its subsidiaries have deployed 40 DAS networks with several additional DAS networks in development or under consideration. Wholly-owned subsidiaries of Solutions hold authorizations to provide intrastate telecommunications services in the District of Columbia and 23 states: Additionally, it is anticipated that many NextG personnel will continue to hold key technical and managerial positions after the change in control to support existing and planned DAS network operation and deployment. 6. Does CCI have the financial strength to support ongoing operations? CCI, the ultimate parent company, is a public company; its stock is traded on the New York Stock Exchange (symbol: CCI). As of the close of business on October 28, 2011, CCI had a NextG Networks of California FAQs - 1 3044 005 ia090402.CA P99 market capitalization of more than $12 billion dollars. CCI generated, on a consolidated basis, $1.87 billion in revenues and $657 million in recurring cash flow during the fiscal year ended December 31, 2010, and $513 million in revenues and $198 million in recurring cash flow for the quarter ended September 30, 2011. 7. Has the California Public Utilities Commission been asked to approve the proposed change in control transaction? Yes. NextG has initiated the approval process for the change in control transaction. CONTACT INFORMATION For CCI: Barry G. Ziker Salter Joyce Ziker, PLLC 1601 Fifth Avenue Suite 2040 Seattle, WA 98101 (206) 957-5952 bziker@sjzlaw.com For NextG: Robert Delsman SVP Government Relations & Regulatory Affairs 890 Tasman Drive Milpitas, CA 95035-7439 (510) 859-3596 rdelsmanCa~nextenetworks.net NextG Networks of California FAQs - 2 3044 005 ia090402.CA P100 RESOLUTION NO. 12-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CONSENTING TO THE CHANGE IN OWNERSHIP AND CONTROL OF NEXTG NETWORKS OF CALIFORNIA, INC. A. Recitals. (i) NextG Networks of California, Inc., a wholly owned subsidiary of NextG Networks, Inc., a Delaware corporation, is a party to that certain Right-of-Way Use Agreement dated November 19, 2008 ("Agreement"), entered into with the City of Rancho Cucamonga. (ii) On or about December 15, 2011, NextG Networks, Inc. and Crown Castle International Corporation entered into an agreement whereby NextG Networks, Inc., will be wholly owned by Crown Castle Solutions Corporation, a subsidiary of Crown Castle International Corporation. (iii) Although there is a change of ownership as to its parent company, NextG Networks of Califomia, Inc. will continue to be a party to the Agreement and will remain primarily responsible for performance thereunder. (iv) Section 11 of the Agreement requires consent of the City Council as to any change of ownership affecting NextG Networks of California, Inc. (v) It is the intent of the City Council in adopting this Resolution, to consent to the change of ownership affecting control of NextG Networks of California, Inc., as described in Recitals, above. (vi) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby finds and resolves as follows: 1. Based upon the representations of legal counsel for NextG Networks of California, Inc., made on behalf of NextG Networks of California, Inc. and Crown Castle Solutions Corporation, the facts set forth in the Recitals, Part A, above, are true and correct and are made a part of this Resolution. 2. The City Council consents to the change in ownership and control described in the Recitals, Part A, above. 3. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 12-056 -Page 1 P101 STAFF REPORT ; ENGINEERING DEP.IRT\(ENT RANCHO Date: April 18, 2012 C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Betty Miller, Associate Engineer Subject: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT 18096, LOCATED AT THE SOUTHWEST CORNER OF EAST AVENUE AND VIA VENETO DRIVE AND DISPOSITION OF CITY OWNED PROPERTY ON THE EAST SIDE OF DOLCETTO PLACE, NORTH OF GARCIA DRIVE AND SOUTH OF VIA VENETO DRIVE, ADJACENT TO TENTATIVE TRACT 18096, SUBMITTED BY RANCHO VICTORIA MEADOWS, LLC RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving Tract 18096, accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 9 and Street Lighting Maintenance District Nos. 1 and 8, and authorizing the Mayor and the City Clerk to sign said agreement and the City Engineer to sign the related quitclaim deed and to cause said map and deed to record. BACKGROUND/ANALYSIS Tentative Tract 18096, located on the west side of East Avenue south of Via Veneto Drive in the Low Medium Residential Development District, was approved by the Planning Commission on December 13, 2006, for the division of 6.92 acres into 32 single family lots. One of the conditions of approval for the tentative map required the developer to process a quitclaim for Lots D and E of Tract Map 15711-1, which were dedicated to the City of Rancho Cucamonga in fee expressly for this purpose. On March 14, 2012, the Planning Commission determined that said quitclaim is consistent with the General Plan and recommended the quitclaim occur. The Developer, Rancho Victoria Meadows, LLC, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: $ 417 ,700.00 Bond # 0578262 Labor & Material Bond: $ 417 .700.00 Bond # 0578262 Monumentation (cash deposit) $ 4 ,369.00 Receipt # 165771 A letter of approval has been received from Cucamonga Valley Water District. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's Office. Copies of the agreement and securities are available in the City Clerk's Offce. P102 CITY COUNCIL STAFF REPORT RANCHO VICTORIA MEADOWS, LLC -TRACT 18096 April 1.8, 2012 Page 2 Respectfully submitted, ENGINEERING SERVICES DEPARTMENT Ma -'' i~~'''~, Director of Engineering Services/City Engineer Attachments P103 TRACT 18096 MILLER AVE O , O n~~ ----__r---- ~ VIA VENETO DR. ~' I _~ ~~ i -~~" -- ,~ ~~ F I F i // // FOOTHILL BLVD. VICINITY MAP ~ ~~=500 ENCOMPASS ASSOCIATES, INC. CONSULTING CIVIL ENGINEERS 5699 COUSINS PLACE RANCHO CUCAMONGA, CA 91731 (909) b84-0093 J:1103-20filGradinglTr18096 Rough Grading.dwg, 10/13/2011 2:09:04 PM, 1:1 P104 RESOLUTION NO. 12-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 18096, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Tract Map 18096, submitted by Charles Joseph Associates and consisting of 32 lots located on the west side of East Avenue south of Via Veneto Drive was approved by the Planning Commission of the City of Rancho Cucamonga, on December 13, 2006, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 of said City and WHEREAS, Tract Map No. 18096 is the final map of the division of land approved as shown on said Tentative Tract Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by Rancho Victoria Meadows, LLC as developer; and WHEREAS, said Developer submits for approval said Tract Map offering the dedication for streets and public easements delineated thereon subject to their improvements and acceptance by the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted by said developer are hereby approved, and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication, easements and the final map delineating the same for said Tract Map No. 18096 are hereby approved, and the City Engineer is authorized to present same to the County Recorder to be filed for record. Resolution No. 12-057 -Page 1 P105 RESOLUTION NO. 12-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "1.0" AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSONS NAMED THEREIN A. Recitals. (i) The City of Rancho Cucamonga has a fee interest in those certain parcels of real property generally located on the east side of Dolcetto Place north of Garcia Drive and south of Via Veneto Drive in the City of Rancho Cucamonga, County of San Bernardino, California, and hereinafter referred to in this Resolution as "said property." A full, true and complete description of said property is set forth in that copy of deed attached hereto as Exhibit "1.0" and by this reference set forth herein. (ii) California Government Code Section 37350 provides as follows: "A City may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit." (iii) California Government Code Section 37351 provides in pertinent part, as follows: "The legislative body (City Council) may dispose of, and convey such property for the benefit of the City." (iv) The Planning Commission of the City of Rancho Cucamonga heretofore made the findings on March 14, 2012, that disposing of said property, as herein contemplated, would be in conformity with the General Plan of the City of Rancho Cucamonga. (v) Said property was acquired by the City of Rancho Cucamonga in fee, for the purpose of transferring small qualities of excess property on the east side of a curvilinear street installed by one development to another developer east of their common property line, the need for which is now being concluded with the development of Tract 18096. Resolution No. 12-058 -Page 1 of 2 P106 (vi) Said property constitutes a burden on the City of Rancho Cucamonga and is no loriger necessary or convenient for the purposes for which it was acquired. . (vii) Conveyance of said property will further the use of said property and benefit the City of Rancho Cucamonga by deletion of a necessity to maintain said property. (viii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: All facts stated the Recitals, Part A., of this Resolution hereby are found to be true and correct. 2. This Council hereby finds that the quitclaiming of said property to the persons described in said deed will benefit the City of Rancho Cucamonga. 3. The City Engineer hereby is authorized and directed to execute the deed, a full, true and correct copy of which is attached hereto as Exhibit "1.0", and cause the same to be recorded forthwith upon adoption of this Resolution. 4. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 12-058 -Page 2 of 2 P107 RECORDING REQUESTED BY City of Rancho Cucamonga WHEN RECORDED MAIL TO Engineering Land Dev. Division City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 "Exhibit 1.0" SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor ParcelNo.: ~ 1100-181-37 and 1100-181-38 CORPORATION QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Rancho Cucamonga, a Municipal Corporation under the laws of the State of California, hereby REMISES, RELEASES AND QUITCLAIMS to Rancho Victoria Meadows LLC, a California limited liability company That certain real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described and shown on the attached Exhibits "A" and "B''. STATE OF COUNTY OF On before me, (Date) Mark A. Steuer Director of Engineering ServiceslCity Engineer 8 title of officer) personally appeared , (Name of person signing) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/herftheir authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Siate of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Name: Street: City & State. TAX STATEMENTS (Seal) .DOCUMENTARY TRANSFER TA%S _ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. Signature of Declarant or Agent determining tax. Firm Name P108 EXHIBIT "A" CORPORATION QUITCLAIM DEED LEGAL DESCRIPTION Lot "D" of Tract 15711-1 (APN 1100-181-37) and Lot "E" of Tract 15711-1 (APN 1100-181-38) as recorded in Book 278 of Maps, Pagcs 96 through 103, Records of the County of San Bernardino, State of California ~'~~•!Z Aaron T. Sk ers; P.L.S. Date L.S. 8604 Expires 12/31/13 ~5 K~ ,w, ~,~ ~,s ~, 7~ ~~ ' L CITY OF RANCHO CUCAMONGA ENGINEERING SERVICES DEPARTMENT ~\~NN- LAINpS,G~ ~r4 MRON GF, o TMorans ~ ~ SKEERS °y Yf No-8604 o~ ~. ~aa~-r3 g ;, yr 2 ~~~F CAUF~/ EXHIBIT "B" QUITCLAIM DEED APN 1100-181-37 & 1100-181-38 ~r .S GRAPHIC SCALE 0 25 50 ( IN FEET ) 1 INCH = 50 FT. VIA VENETO DRIVE f-Ex. c/c ~___--- ,1 ,\ ,\ ~`, m "-~ `. x x ~ ~ ~ ~ 1 1 30' w~, Q J CL O H W J i O 0 EX. R/W cor "E" of rRacr MAP N0. 15791-9 PER M.B. 278/909 ~O~ QO~ ~y G~' ~~~~ I ~a . a PREPARED UNDER THE SUPERVISION OF: AARON T. SK RS, P.L.S. DATE LS 8604 EXP. 12/31/13 ~I ,1 cor "0" of rRacr MAP N0. 15719 - 9 PER M.B. 278/10 9 ENCOMPASS ASSOCIATES, INC. CONSU[7/NG ClV/[ ENGINEERS 5699 COUSINS PLACE RANCHO CUCAMONGA,CA91737 (909) 684-0093 P110 RESOLUTION NO. 12-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA) FOR TRACT 18096 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act"; said special maintenance district known and designated as Landscape Maintenance District No. 9 (Lower Etiwanda) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District ;and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the. Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property' (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. 12-059 -Page 1 of 5 P111 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred.on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. Resolution No. 12-059 -Page 2 of 5 . P112 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: Rancho Victoria Meadows, LLC, a California Limited Liability Company The legal description of the Property is: All those portions of Lots 8 and 9, Block Y, according to the preliminary map of Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as recorded in Book 2 of Maps, Page 24, records of said County, and that portion of the southeast one-quarter of fractional Section 4, Township 1 South, Range 6 West, San Bernardino Base and Meridian, according to the United States Government township plat, approved by the Surveyor General, November 13, 1885, and as set out in that Certificate of Compliance recorded July 24, 1990 as Instrument No. 90-289507 Official Records, described as follows: Beginning at the northwest corner of said Lot 8; thence easterly along the north Tine of said Lot 8 and the easterly prolongation of said north line to the westerly line of East Avenue (having a half width of 44.00 feet); thence southerly along said westerly line of East Avenue to a point on a line 175.00 feet, measured at right angles, northwesterly of and parallel with the center line of an easement to Southern California Edison Company per a document recorded December 17, 1937 in Book 1249 Page 142 Official Records; thence southwesterly along said parallel line to the westerly line of Lot 9; thence northerly along the westerly line of said Lots 8 and 9 to the point of beginning, as per that Certificate of Compliance for Lot Line Adjustment No. 331, recbrded July 24, 1990 as Instrument No. 90-289507 Official Records, shown as Parcel "A" in said instrument. Assessor's Parcels Numbers of the Property: 1100-191-05 Resolution No. 12-059 -Page 3 of 5 P113 Exhibit B Description df the District Improvements Fiscal Year 2011-12 Landscape Maintenance District No. 9 (Lower Etiwanda): Landscape Maintenance District No. 9 (Lower Etiwanda) (the "Maintenance District") represents landscape sites throughout the Lower Etiwanda Area. The various sites maintained by the district consist of parkways, median islands and street trees. Proposed Additions to the Improvements for Project Tract 18096: 38 street trees on interior Local Residential Streets 38,200 square feet added to LMD 9 on East.Avenue, Via Veneto Drive and Dolcetto Place Resolution No. 12-059 -Page 4 of 5 P114 Exhibit C Proposed Annual Assessment Fiscal Year 2011-12 Landscape Maintenance District No. 9 (Lower Etiwanda): The rate per Equivalent Dwelling Unit (EDU) is $187.00 for the fiscal year 2011/2012. The following table summarizes the assessment rate for Landscape Maintenance District No. 9 (Lower Etiwanda) for Tract 18096: Land Use Basis EDU Factor* Rate per EDU' Sin le Famil Unit 1.00 $187.00 Multi-Famil Unit 1.00 187.00 Commercial/ Industrial Acre 2.00 187.00 Vacant Acre 0.25 187.00 'EDU means Equivalent Dwelling Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 32 Parcels x 1 EDU Factor x 187.00 Rate Per EDU = $5,984.00 Annual Assessment "Commencing with Fiscal Year 2001/02, the amount of the assessment for the District is proposed.to increase each year, based ~ Consumers, for the Los Angeles-Anaheim-: State Department of Labor, Bureau of Labs compute the percentage difference between previous March, and shall then adjust the percentage for the following year. ion the Consumer Price Index (CPI), All Urban an Bernardino Area, as determined by the United r Statistics, or its successor. The Engineer shall the CP for March of each year and the CPI for the assessment by an amount not to exceed such Resolution No. 12-059 -Page 5 of 5 P715 RESOLUTION NO. 12-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT 18096 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements°); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. 12-060 -Page 1 of 5 P116 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that:. a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory .in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. Resolution No. 12-060 -Page 2 of 5 P117 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: Rancho Victoria Meadows, LLC, a California Limited Liability Company The legal description of the Property is: All those portions of Lots 8 and 9, Block Y, according to the preliminary map of Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as recorded in Book 2 of Maps, Page 24, records of said County, and that portion of the southeast one-quarter of fractional Section 4, Township 1 South, Range 6 West, San Bernardino Base and Meridian, according to the United States Government township plat, approved by the Surveyor General, November 13, 1885, and as set out in that Certificate of Compliance recorded July 24, 1990 as Instrument No. 90-289507 Official Records, described as follows: Beginning at the northwest corner of said Lot 8; thence easterly along the north line of said Lot 8 and the easterly prolongation of said north line to the westerly line of East Avenue (having a half width of 44.00 feet); thence southerly along said westerly line of East Avenue to a point on a line 175.00 feet, measured at right angles, northwesterly of and parallel with the center line of an easement to Southern California Edison Company per a document recorded December 17, 1937 in Book 1249 Page 142 Official Records; thence southwesterly along said parallel line to the westerly line of Lot 9; thence northerly along the westerly line of said Lots 8 and 9 to the point of beginning, as per that Certificate of Compliance for Lot Line Adjustment No. 331, recorded July 24, 1990 as Instrument No. 90-289507 Official Records, shown as Parcel "A" in said instrument. Assessor's Parcels Numbers of the Property: 1100-191-05 Resolution No. 12-060 -Page 3 of 5 P118 Exhibit B Description of the District Improvements Fiscal Year 2011-12 Street Light Maintenance District No. 1 (Arterial Streets) Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed Additions to the Improvements for Project, Tract 18096: One streetlight on East Avenue Resolution No. 12-060 -Page 4 of 5 P119 Exhibit C Proposed Annual Assessment Fiscal Year 2011-12 Street Light Maintenance District No.1 (Arterial Streets): The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Tract 18096: Land Use Basis EDU Factor* Rate per EDU* Sin le Famil Parcel 1.00 $17.77 Multi-Famil Parcel 1.00 17.77 Commercial Acre 2.00 17.77 Vacant Acre 2.00 17.77 *EDU means Equivalent Dwelling Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 32 Parcels x 1 EDU Factor x $17.77 Rate Per EDU = $568.64 Annual Resolution No. 12-060 -Page 5 of 5 P120 RESOLUTION NO. 12-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) FOR TRACT 18096 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 8 (South Etiwanda) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in drder to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. 12-061 -Page 1 of 5 P121 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE .CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. Resolution No. 12-061 -Page 2 of 5 P122 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: Rancho Victoria Meadows, LLC, a California Limited Liability Company The legal description of the Property is: All those portions of Lots 8 and 9, Block Y, according to the preliminary map of Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as recorded in Book 2 of Maps, Page 24, records of said County, and that portion of the southeast one-quarter of fractional Section 4, Township 1 South, Range 6 West, San Bernardino Base and Meridian, according to the United States Government township plat, approved by the Surveyor General, November 13, 1885, and as set out in that Certificate of Compliance recorded July 24, 1990 as Instrument No. 90-289507 Official Records, described as follows: Beginning at the northwest corner of said Lot 8; thence easterly along the north line of said Lot 8 and the easterly prolongation of said north line to the westerly line of East Avenue (having a half width of 44.00 feet); thence southerly along said westerly line of East Avenue to a point on a line 175.00 feet, measured at right angles, northwesterly of and parallel with the center line of an easement to Sduthern California Edison Company per a document recorded December 17, 1937 in Book 1249 Page 142 Official Records; thence southwesterly along said parallel line to the westerly line of Lot 9; thence northerly along the westerly line of said Lots 8 and 9 to the point of beginning, as per that Certificate of Compliance for Lot Line Adjustment No. 331, recorded July 24, 1990 as Instrument No. 90-289507 Official Records, shown as Parcel "A" in said instrument. Assessor's Parcels Numbers of the Property: 1100-191-05 Proposed Additions to the Improvements for Project, Tract 18096: 8 streetlights on interior Local Streets Resolution No. 12-061 -Page 3 of 5 P123 Exhibit B Description of the District Improvements Fiscal Year 2011-12 Street Light Maintenance District No. 8 (South Etiwanda): Street Light Maintenance District No. 8 (South Etiwanda) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally, this area encompasses the area of the City east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue within the incorporated area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the South Etiwanda area. Proposed Additions to the Improvements for Project, Tract 18096: 8 streetlights on interior Local Streets Resolution No. 12-061 -Page 4 of 5 P724 Exhibit C Proposed Annual Assessment Fiscal Year 2011-12 Street Light Maintenance District No. 8 (South Etiwanda): The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda) for Tract 18096: Land Use Basis EDU Factor* Rate per EDU* Sin le Famil Unit 1.00 $61.19 Multi-Famil Unit 1.00 61.19 Commercial/ Industrial Acre 2.00 61.19 Vacant Acre 2.00 61.19 *EDU means Equivalent Dwelling Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 32 Parcels x 1 EDU Factor x $61.19 Rate Per EDU = $1,958.08 Annual Assessment Resolution No. 12-061 -Page 5 of 5 P125 STAFF REPORT ENGINEERING DEPdRTbIENT Date: April 18, 2012 RANCHO C,,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician Subject: ACCEPT THE LANDSCAPE IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR LANDSCAPE IMPROVEMENTS FOR TRACT 18449 LOCATED AT THE NORTHWEST CORNER OF LONG MEADOW DRIVE AND VICTORIA PARK LANE, SUBMITTED BY RICHMOND AMERICAN HOMES The required landscape improvements for Tract 18449 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements and authorize the City Engineer to file a Notice of Completion. BACKGROUND/ANALYSIS As a condition of approval of completion of Tract 18449, located at the northwest corner of Long Meadow Drive and Victoria Park Lane, the applicant was required to complete landscape improvements. The improvements have been completed. Respectfully submitted, _ ~~ Director of Engineering Services/City Engineer MAS:000/rlf Attachment(s) P126 NO. 18449 OJECT SITE VICINITY MAP. NOT TO SCALE P127 RESOLUTION NO. 12-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC LANDSCAPE IMPROVEMENTS FOR TR 18449 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE LANDSCAPE WORK WHEREAS, the construction of public landscape improvements for TR 18449 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City-Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. Resolution No. 12-062 -Page 1 P728 STAFF REPORT ENGINEERING SERVICES DEPBRT\(ENT Date: April 18, 2012 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician Subject RELEASE OF MAINTENANCE GUARANTEE BOND FOR TRACT 16262, LOCATED 427 FEET NORTH OF THE CENTERLINE OF HILLSIDE ROAD, SUBMITTED BY TOLL CA IV, L.P. It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for Tract 16262, located 427 feet north of the centerline of Hillside Road, submitted by Toll CA IV, L.P. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER T011 CA IV, L.P. 725 Town & Country Orange, CA 92868 Release: Maintenance Guarantee Bond #8744698M Respectfully submitted, Mark A. eue'r Director of Engineering Services/City Engineer MAS:000/rlf $29, 000.00 Attachment ~- n ~~ (Z Q ~ W W O ~. 0 b ~ U ~ ~ i f Q Z m N w o Z ~ - W J -J F I- = O ~ ~ ~-- w >- F- m N i e of a P E .i 3a as~ ~ ~ ~ a a ff ee ~ ~ ~~ ~ ~ Q ~ F ~ ~6 QA ta.i ~ o e E ~ f ~ f d ~ P ~efi ~ 83®R°P~ P i° S r ~ u~l u g ~{ < ~3 f ~; , Z ° ° p 0-yy~ ' i ffi N'O7: Y~ ~e ~= a < p o m Rf ~~ .. . lY ¢ ~ ~ e ~ : ~ ?_~f o e ®i v ~~ '~( >~+ P130 STAFF REPORT ENGINEERING SERVICES DEPdR'I'bIENT Date: April 18, 2012 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician RANCHO C,UCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR TRACT 16592, LOCATED ON THE NORTH SIDE OF HILLSIDE ROAD, WEST OF ARCHIBALD AVENUE, SUBMITTED BY TOLL CA IV, L.P. RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for Tract 16592, located on the north side of Hillside Road, west of Archibald Avenue, submitted by Toll CA IV, L.P. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER Toll CA IV, L.P. 725 Town & Country Orange, CA 92868 Release: Maintenance Guarantee Bond Respectfully submitted, Mar er Director of Engineering Services/City Engineer MAS:000/rlf #08840749M $40,890.00 Attachment P131 CITY OF RANCHO CUCAMONGA ENGWEERJNG DIVISION A N ITEM: TIPACT /h_.}`__ 9~_ TITI~~: V/C//V/TY /y~,E' ~ _ • P132 ~r STAFF REPORT - ENC~Ni'sFR~NG SIiItV~ICGS DI>N~ARTivIGN"r jZANCHo Date: April 18, 2012 C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of EngineeringS"er~vices/City Engineer By: Romeo M. David, Associate Engineer-vim Shelley Hayes, Assistant Engineer J ~ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $578,705.40, TO THE LOWEST RESPONSIVE BIDDER, ALL AMERICAN ASPHALT, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $57,870.54, FOR THE ARCHIBALD AVENUE PAVEMENT REHABILITATION FROM FOOTHILL BOULEVARD TO BASE LINE ROAD AND CHURCH STREET PAVEMENT REHABILITATION FROM HELLMAN AVENUE TO ARCHIBALD AVENUE TO BE FUNDED FROM PROPOSITION 42 AND MEASURE I FUNDS, ACCOUNT NOS. 1190303-5650/1773190-0 AND 1176303-5650/1771176-0 AND APPROPRIATE $185,600.00 TO ACCOUNT NO. 1190303-5650/1773190-0 AND $240,000.00 TO ACCOUNT NO. 1176303-5650/1771176-0 FROM PROPOSITION 42 AND MEASURE I FUND BALANCES, RESPECTIVELY RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount df $578,705.40, to the lowest responsive bidder, All American Asphalt, and authorize the expenditure of a 10% contingency in the amount of $57,870.54, for the Archibald Avenue Pavement Rehabilitation from Foothill Boulevard to Base Line Road and Church Street Pavement Rehabilitation from Hellman Avenue to Archibald Avenue to be funded from Proposition 42 and Measure I Funds, Account Nos. 1190303-5650/1773190-0 and 1176303-5650/1771176-0 and appropriate $185,600.00 to Account No. 1190303-5650/1773190-0 and $240,000.00 to Account No. 1176303-5650/1771176-0 from Proposition 42 and Measure I fund balances, respectively. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on April 3, 2012, for the subject project. The Engineer's estimate was $670,000.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. The scope of work consists of cold milling, adjusting existing manholes and valves to new grade, removal and replacement of severed cracks, pavement overlay, traffic loops replacement and striping, handicap ramps and driveway approach repairs, and it is estimated that approximately 9 P133 CITY COUNCIL STAFF REPORT Archibald Avenue-Church Street Pavement Rehabilitation-Award April 18, 2012 Paae 2 jobs will be generated in connection with this project. The contract documents call for sixty (60) working days to complete this construction. Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/RMD/SH:Is Attachments P134 ~-; ~ ...~J i-_LL_ C[TY OF RANCI-IO CUCAMONGA \`~ ARCFHBALD AVENUE PAVEMENT REHABILITATION E s FROM BASE LINE ROAD TO FOOTHILL BLVD eo**oue~e P135 j~ I ~, ~ ~-' i i- ~ ~ 1.. -' ~ ~ ~ _ ~ I ~ ,-~ ~ ~~ ~ ARHM OVERLA ... ~ ~ I I I i I - - - - . ~~Tl [eN4l K l~ nvE -~-~ r..,V,.,. ~ ~ o- _ < ~ l ~- -~ ~ U L~ I ~ Q ,_ _.l _. GHURC ST ~ ~ !. i ~~ CITY OF RANCHO CUCAMONGA /r~ w e CHURCH STREET PAVEMENT REHABILITATION FROM HELLMAN AVENUE TO ARCHIBALD AVENUE \W s ~*.o~.~E P136 NID SUIIDIANI'FOR BID OPENING APRIL 3, 2012 APPARENT LOw RIDDER 2 J Archibald Arc pavement rehab from Foothill Blvd. la Base LinD Rd. and Church Street pavement rehab from Hellman Av. to Archibald Av. ENGINEER'S ESTIMATE All American Ae halt Herd ak Har er Inc SBvie Construction [nc ArehibWtl Avenue UNTT I I I NO QTY UNIT DESCRIPTION COBT A$]OUNT COST I AMOUNT C08T AMOUNT 08T AMOUNT CledringBGrubbing(indude5 all femovdls antl mobilization 000 OOI 520 $20 000 00 $15 SOO OOj 500.00 $15 $11 000.001 S1t,0D0.00 $29pp0.00 $29,400.00 1. 1 LS and grading) , . , . , . , , 36 EA 5500.001 $18,000.00 S3fi0.00 $1 2,960.00 $282.001 $10,152.00 $283.001 $10,188.00 2. Atllust manhole frame antl cover to finish grade 60 EA I 5250.00 515,000,00 3253.001 S15,J00.00 310.001 %00.00 I %3.001 53,190.00 3. Atljust wafer valve box, gas valve and cover to finish grade 1 9 TONS ' $80.DU 5]20,00 $Ifi3.00 $I,YG].00 $18]001 $1,46500 $23].001 $2,133.00 4 ssphalt concrete pav¢menl Ot] 3 688 TONS Asphalt Rubber HDt Mix,induding pavement, preparation. 585.001 $313,480 D0 $]J.00 3249,229.00 584.3]1 8311,154.% 381.301 $299,834.40 $, , routig and dust blotter ]5 ~ SV $3.001 $223.00 SLI4 585.30 $J.001 $225.00 $2001 $130.00 G. 0.1 ]'full depth cold plane ] 560 SV ' %.001 82?480.00 $1.031 $]786.80 $1.301 $9828.00 $1.591 $11,442.40 7. . Variable Cold Plane (0'-0.12 deeD) 1 LS $10,000.001 $10,000.00 $11,300.001 %11,300.00 $7,000.001 $],000.00 $],340.001 $7,3fi0.00 g. Traffic Control 8] ~ $300.001 $43,300.00 $180.001 313,660.00 $1]].00 $15,399.00 $1]8.001 $15,484.00 q, Rapldca TfaRC LOOps Traffic signing.Bl(iping antl pavement markings per plan, $I0499 OD 510 699 00 $29 500 00 WO.DO $29 %0 4]9.44 $30,9]444 $29,]50.001 $29,]50.00 1 D. 1 LS complete in place . , . , . , , 2 ~ $2.000.00 $9,000.00 $77D.oo 31540.00 S]so.oo $1500.40 $725.00 $1 <so.ao 11. Insteu conswdion signs SUBTOTAL $458,254.OD ~ SI6D,52J.3D I $J99,000.00 $105,5]3.80 Chureh 6Veet UNIT UNIT BID UNIS. BID UNIT Hm NO QTV UNIT DBBCItIPTION C08T AMOUNT C08T AMOUNT COST AMOUNT COST AMOUNT 1 LS Clearing 8 Grubbing (inGUdes ell removals undassi0etl fill, gyD 000 00 000.0D 320 38 000.00 %,000.00 ST.oOO.ool $],ODD.DO $22,000.00 522,000.00 1. tlisposal and mobilizaton) , . , , 13 TONS 3150.00 $1,950.00 $163.001 "$2,119.00 $250.001 $3,250.DD 53DD.00 $3,900.00 2 AC. pavement i0clutling removal Of existing 3 fi50 SV $3.00 $10,950.00 $2.241 $9,176.00 $1.301 54795.00 $L54 55,621.00 3, , Variable Cold Pane (0'-0.12'deep) I 8 EA ~ $400.001 53,200,00 33fi0.00 $$880.00 $282001 $2,256.00 $285.001 $2,280.00 p. Adjust manhole or vault rover I 16 EA $100.001 $1,40000 $255.00 44,080.00 510.001 $]6000 $45.001 $]20.00 $, Adju8l valve (water, gas, etc.) 3 ~ $200.001 %00.00 5510.001 51,53000 $282.001 %96.00 $1,]50001 55,250.00 6, Adjust water meter to grade 1 100 TONS 388.001 $93,$DDAD 377.50 $85,250.00 $94.3]1 $92,80].00 581.]51 $89,925.00 7 , Ovatlay 0.12 ARHM~GG including crack seal antl mck tlust 250 SF ' $10.001 $2,500.00 4].601 $1,950.00 $8.001 32.000.00 %.901 31,600.00 g Construct 6 PCC tlrive approach fi0 LF $30.001 31,900.00 $109.00 %,290.00 $35.00 $2,100.00 $V.00 $1,020.00 q Construct curb antl gutter l0 match existing 6fi2 SF $8.001 %,296.00 %.451 SJ,607.90 %.001 53.9]2.00 SJ.10 $?052.20 10 COnS(ruct PCC Sidewalk- 950 SF across gulter8spantlrel, including CAB and $12 00 311 4o0.D0 Su.2o $12,590.00 $14.501 $137]5.40 $m.6o $10,0]0.00 ll tlowels . , PCC access ramp, inclutling RtBiping curb, Dar plan, $10001 $18 100 00 401 55 ]]4.00 $9 %.501 ]65.00 $11 $9.80 $17,]38.00 12, 1.610 SF complete in place , . . , , 250 SF $25.001 %,25D.D0 %3.001 %20,]50.00 $13.001 $3,]50.00 $32.001 %,000.00 13 CODStfuCt rppkspape, per City std. 502, Case 1 1 LS $5,000.001 $5,000.00 S1,SJ0.00 31.530.00 $5,000.001 $5,000.00 $2,200001 $2,200.00 14. Restore landscape antl imga1100 system to match existing 312 SF 525.001 $],800.00 Si.G0 $1,4J520 $28.281 %.823.36 $2500 57,80D.D0 IS nStdI INn[ated bnma 6 EA $300.001 $1,800.00 $180.001 $1,080.00 $177.001 $1,062.00 $1]8.00 $1,048.00 16. In5lall ibtluptive loop detectors 1 LS $18000.00 $10,000.00 $12,500.001 SIR500.00 %],000.001 S7,DOD.DD 3],000.00 ' 57,000.00 l7 TraKC Control I I 1 L$ 54,000.001 %ODD.DD $1J,200.OOi $13,20000 $19,188.691 $19,188.64 $12,210.00 $12,210.00 1$ $IgNng and slllping 2 FA 32,000.001 $4.000.00 $]]0.001 $1,54000 $]30.001 $1500.00 $725.00 1 51,450.00 I9. Atlvance np0ticatipn sign I BUHTOTAL 1 3211,]aL.Op $198,162.10 $186,000.00 $201904.20 TOTAL 5670,000.00 5578705A0 5585000.00 5607.978.00 Pace 1 of3 P73~- BID SU]131,\I21'FOR BIU OP6V1!3'G APRIL 3, 2012 i b b - ] Archibald ,\re pavement rehab from Footllill BWd. to Base Line Rd. and Church Street pavement rehab from Hellman Av. to EE5 cenerel SBLLy-MLLler Archibald Av. R.J. Noble Co. Gevt Brothers lve En lneeriv Ive CovtrecFiv Co. Arthibad Av<vue UNIT i UNIT I BID UNIT I BID UNIT B[D NO QTV UmT DBSCm]TION LOSS AMOUNT COST AMOUNt CO;T AMOUNT COBT AMOUNT Clearing 8 Grubbing (includes all removals and mobiliza1100 522 000 001 00 $2$000 515 000 001 000.00 $15 320,000.001 $20,000.00 522,000.001 522,000.00 ], i LS end gratling) , . 1 . , . , 36 EA 5285.001 S102Ga.0p 5300.001 %10,800.00 $290,001 $10,440.00 $310.001 811,160.00 2 AOjusl manhole (tame antl cover la finish gratle 60 EA $235.001 $19,100.00 525.001 $1,500.00 %]0.001 34,200.00 $100.001 %4,000.00 G Atljwl water valve bOx, gas valve and cover to finish gratle 9 TONS $120.001 $1,080.00 ;100.001 $900.00 $295.001 $2,455.00 $1]4.001 $1,566.00 4 01 ]'asphalt cOnUeie pavemeni Asphalt Rubber Hot Mix, indutlinq pavemeni, preparation, $81 ]Si $301 493 00 58 L00 5298,]18.00 382.001 Sao 1,416.00 588001 3)24,599.00 $, 3.688 TONS r0ulig and tlusl blotter . I . I ]6 SY ' $1.551 $11025 $2.001 $150.00 $40.00 $3,000.00 $IJ.00 $9)5.00 G O. V full depth COld plane ) SfiO SV ' ' SLGeI %12,094.00 52.001 $15,120,00 51.251 %9,950.00 30.801 56,048.00 ] . Variable COltl Plane l0 -0.12 tleep) 1 LS $5,2U0.00 $5,200.00 520,000001 520,000.00 $15,000.001 $15,000.00 $4,000.001 $9,000.00 8 Traffic Control 8] FA 5185.001 $16,095.00 $200.001 $1"),400.00 $185.001 $14,095.08 $195.001 $14,945.00 9. Replace Traffic LOOps TraHlc signing, Striping and pavement markings per plan, ;30 000 00 000.00 ;30 $J5 000.00 $35,000.00 ;30,000,001 SJ9,p9p.n0 $32,900.001 $32,400.00 10. 1 LS complete in place , . I , , 1 2 ~ 5520.001 $1,04nD0 &100.001 $800.00 $950001 $1,900.00 $250.001 5500.00 fl, ns1811 consiNCtion signs SUBTOTAL $91J,481.25 $415,J98.00 $915,156.00 $424,158 a0 - Churcb 6trce[ UNfT OMIT Bm UNIT I BID UNIT COST BID AMOUNT AO QTY UNIT DEBCRIPT'[OA COST AMOUNT COST. AMOUNT COST AMOUNT dss all removals Undas5i0¢d fill, 000 001 ;11 $11 000.00 x00.00 $25 $25,000,00 $15,000.OOI $15,000.00 $24,000.001 $24,000.00 1. 1 LS disposal and mobil ial On) . , , , 13 TONS 31]5.001 32,z]5.00 8200.001 %2,400.00 5290.001 53,]]0.00 31]3.001 32,249.00 p, A.C. pavement induding removal of eusling - 3 650 SV ' $1]S I $G,]BR50 $2.001 $],300.00 $2.001 %],300.00 $0.80 52,920.00 3 , tleep) Varia0le COltl Plane (0'-0.12 8 EA 5285.00 1 $2,280.00 $J00.00 $2,400.00 $290.001 $2,J20.00 3310.00 $2,480.00 4. Atllust manhole or vault LOV¢r 16 ~ $235.00 1 $3,]40.00 $21001 $100.00 $]0.00 $1,120.00 $100.001 $1,600.00 $, AtljUSI valve (water gds, etp.) 3 ~ 3365.00 $1,09500 $200.00 1 5600.00 %]0.00 $210.00 $100.00 $300.00 6. Atllust water meter to grade 1 1 100 TONS 585.00 1 $9J,500.00 58 LOO T SB9,l4B.B9 SB2.OO I 590,200.00 SBNOO I $9G,a0n.00 ] , Overlay 0.12 ARHM-GG induding crack seal end rock dust $10 00 1 52 500 00 $].00 %1,750.00 $4.50 1 51,625.00 $8.00 1 $z,000.W 8 250 SF Construct 6'PCC drive approach . , . 60 LF $58.00 1 5.1,480.00 $22.00 ) 31,320.00 341.00 1 32,640.00 318.00 1 EIp80.00 9 GOasiNet curb antl gutter l0 match existing 6fi2 SF $].OO $9,634.00 $].00 1 $g6J4.00 $5.00 $J,] 10.00 $3.50 1 $2,31200 10 COnsirud PCC sitlewalk COnS(rad Cros; gutter 8 spe0dfel, induding CAB and $~0 25 ]3].50 I 39 510.00 '. 59,500.00 59.00 1 38,$$p.Ba $S.l1 I E9,854.50 f 1. 950 SF dowels . , PCC access ramp, induding letdining cuib, per plan, $8 50 38500 $15 $9.00 290.00 1 $16 $7.00 1 $12,470.00 $9.55 1 $1],285.50 ]p, 1,810 SF complete i0place , , , 250 SF 325.00 1 36,250.00 Servo $2p00.00 310 u0 $7.$00.00 $24.00 1 $6,000.00 13. Consirud rockscape, per City std. 542, Case 1 1 LS $1 900.00 1 $1,800 00 52,500.00 1 $2,500.00 $15,000.00 1 $15,000.00 31,650.00 1 53,650.00 14 Restore landscape antl irrigation system tD match existing 312 SF 340.00 1 512,480.00 S25.OO I %],800,00 520.00 1 $fi,240.00 SJ L00 1 ;9,6]200 l5. Install truncated dome 110 o0 001 SI $185 $300.00 1 %1900.00 $185.00 1 $1,110.00 $19300 1 $1,158.00 16. 6 EA Install induciiva loop detectors , . LS 800.001 83,800.00 $J 315,000.00 1 $15,000.00 $10,000.00 1 $10,000.00 $2,000.00 1 52,000.00 17 1 TraH¢ConNO , 1 LS 514,000.001 514,000.00 515,000.00 1 S15,000.00 812,500.00 1 512,$090p 313,100.00 1 513,100.00 18 Signing and striping I 2 EA $520.001 $1.040.00 5400.00 1 $800.00 $2, 6X0.00 1 55,00000 $1.900.00 1 52,G09.p0 19 Advance notification sign SUBTOTAL %194,514.00 I 5205,]94.00 ~ ;20fi,065.00 1 $196,266.00 TOTAL 5609995.25 5621192.00 5621221.00 5622 121.00 Pa¢e 2 of 3 P138 BID SDJt\lAR1' F'OR BID OPE\ING APRIL 3, 2012 B 9 Archibald Ave pavement rehab from Foothill Blvd. to Base Line , Rd. and Church Street pavement rehab from Hellman Av. to Laird Construction Co. - Panorama cenerai Archibald Av. Inc En ineerin Inc Archibald Avenue UNIT UNIT BID NO QTY UNIT DEBCRIPTION COBT I AMOUNT CO6T AMOUNT 1 LS Clearing & Grubbing (includes all removals and mobilization ~ $33,a4fi.001 gafi.00 S3J, $11,669.001 $11,669.00 1, and grading) 36 EA 5265.00 SIg260.00 5372.001 513,392.00 ,Z Adjust manhole frame and cover to finish grade fi0 EA $50.00 $3,000.00 $42.001 $2,520.00 3. Adlust water valve box, gas valve and cover to finish grade I 9 TONS $250.001 $2,250.00 $189.001 $1,70 L00 4 01T asphalt concrete pavement 3,688 TONS Asphalt Rubber Hot Mix, including pavement, preparation, 582.501 $304,260.00 592.001 $339,296.00 5. routig and dust blotter 75 SY 52.001 3150.00 St.]o $12]so 6. 0.1T /ull depth cold plane 7,560 SV ' ' $1.401 $10,5aa.0o $1701 512,852.00 ~ Variable Cold Plane (0 -0.12 deep) 1 LS $15,000.001 $15,000.00 $],823.001 $],823.00 8 Traffic COn(r01 87 EA S180.001 $15,660.00 I $199.001 $1],313.00 9. Replace Traffic LOepS Traffic signing, Striping and pavement markings per plan, $30 000 001 000 $30 00 $32 912 001 00 532 912 10. 1 LS complete in place , . I . , , . , . 2 EA 51,000.001 $2,000.00 $570.00 $1,190.00 11. Install construction signs SUBTOTAL ~ 5426,610.00 $490,]4550 Church 6tzeet UNIT VNIT BID NO QTY UNIT DEBClUPT10N COBT AMOUNT COBT AMOUNT 1 LS Clearing 8 Grubbing (includes all removals unclassi0ed fill, $15,000.001 $15,000.00 513,180.00 .513,180.00 1. disposal and mobilization) 13 TONS S250.00 $3,250.00 $17z0o S2,301.00 2 A C. pavement including removal of existing 3 650 SY ' ' $1901 55,uo.o0 S1.7o `$6,205.00 3 , Variable Cold Plane (0 -0.12 deep) 8 EA $285.001 $2,280.00 $981.001 $3,898.00 4. Adjust manhole or vault cover 16 EA $50.001 $800.00 $10.00 $160.00 5, Adjust valve (water, gas, etc.) 3 EA - 5300.001 .$900.00 $85.001 $255.00 6. Adjust water meter l0 grade 100 .1 TONS $82.501 590,]50,00 $92.00 1 $101,200.00 7 , Overlay 0.12 ARHM-GG including crack seal and rock dust 250 SF $10.501 $2,625.00 56.001 $1,500.00 $ Construct 6" PCC drive approach 60 LF $65.001 S3,900.00 $2].001 SI,G20.00 9 Construct curb and gutter to match a%ISling 662 SF $10.001 $6,620.00 54.901 $3,293.80 10. Construct PCC sidewalk 950 SF uct cross gutter 8 spandrel, including CAB and 513.$01 512,825.00 S8.60 $8, no.00 11. dowels 1 810 SF PCC access ramp, including retaining curb, per plan, SIO.00! $18,100.00 $7.701 513,937.00 12. , complete in place 250 SF $25.001 $6,250,00 $20.00 1 $5,000.00 13. Construct rockscape, per City std. 542, Case 1 1 LS 55,000.001 $5,000,00 $9,2]2.001 $9,2]2.00 14. Restore landscape and irrigation system to match existing 312 SF $26.001 56,112.00 S32.OO I 39.984.00 15. Install truncated dome I 6 EA , S180.U01 51,080.00 $199.00 1 51,199.00 16. Install intluclive loop detectors 1 LS SS,000.U01 55,000.00 57,823.00 1 $],823.00 17. Traffic COntfpl 1 LS I $13,]50.001 513,]50.00 $13,502.00 1 $13.502.00 18. Signing and striping 2 EA 51,000.001 $2,000.00 $5]0.00 St,la0.0o 19. Advance notification sign SUBTOTAL 5203,352.00 $198,534.80 TOTAL $629 962.00 $639 280.30 Page 3 of 3 P139 STAFF REPORT ENGINE-ER[NG SERVICES DEPARTiVIENT Date: April 18, 2012 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walter C. Stickney, Associate Engineer f~4s Subject: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATES AND TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE WILSON AVENUE EXTENSION AND REHABILITATION PROJECT FROM EAST AVENUE TO WARDMAN-BULLOCK ROAD (EXTENSION PORTION) AND FROM WARDMAN- BULLOCK ROAD TO CHERRY AVENUE (REHABILITATION PORTION), TO BE FUNDED FROM ACCOUNT NOS. 11243035650/1515124-0, 11143035650/1515114-0 AND 11763035650/1721176-0 RECOMMENDATION Staff recommends that the City Council approve the plans and specifications for the Wilson Avenue Extension and Rehabilitation Project from East Avenue to Wardman-Bullock Road (extension portion) and from Wardman-Bullock Road to Cherry Avenue (rehabilitation portion) and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS Staff is requesting authorization from the City Council to proceed to advertise the "Notice Inviting Bids" for Wilson Avenue Extension and Rehabilitation Project from East Avenue to Wardman- Bullock Road (extension portion) and from Wardman-Bullock Road to Cherry Avenue (rehabilitation portion). The Wilson Avenue Extension portion consists of extending Wilson Avenue from its present terminus at Wardman-Bullock Road west to East Avenue. This portion will also extend East Avenue from its present north terminus to join the new Wilson Avenue. Street improvements include constructing a vehicle travel lane and a bicycle lane in each direction, asphalt sidewalk on the south side of Wilson Avenue and east side of East Avenue and installation of street lights. The Wilson Rehabilitation portion consists of removing the top 1.5 inches of the existing road pavement followed by the installation of a 1.5 inch thick Asphalt Rubber Hot Mix overlay. The limit of the overlay work is from Wardman-Bullock Road to Cherry Avenue. Legal advertising is scheduled for April 26, 2012 and May 10, 2012, with a bid opening at 2:00 pm on Thursday, May 24, 2012, unless extended by Addenda. Staff anticipates awarding a contract for construction no later than June of this year. Construction is expected to commence in July, with a three month construction period. Re ec u bmitted, ~~y+ -- ar eiier Director of Engineering Services/City Engineer MASM/CS:Is Attachments: Vicinity Map and Resolution p~ EXTENSION REHABILITATION PORTION -~ PORTION \ _ __ -___i i a .i I ~ ID D I I I o¢c`¢ i ~ ~ ~^ I LSON AV __ I AN N ST ~ I - BA P I 210 ¢ ' 2 CJ VICTORIA Y W 5 LINE RD U ,ql 6 N CHU T V a ; < ~ 9, Z HILL 8 ` I Extension Portion G from East Ave. to Wardman-Bullock Rd. r- ~ pl of / ~I ----- ---- w~~o~A~ --- - ----- ----------- I i I j i 1 I ~I ~•~ I~ j I I ~ I ---i-------------f ------------ I - - I ~ ! Rehabilitation Portion ~ I 'from Wardman-Bullock Rd. to Cherry Ave. Vicinity Map WILSON AVENUE ' EXTENSION AND REHABILITATION PROJECT P141 RESOLUTION NO. 12-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "WILSON AVENUE EXTENSION AND REHABILITATION PROJECT FROM EAST AVENUE TO WARDMAN-BULLOCK ROAD (EXTENSION PORTION) AND FROM WARDMAN-BULLOCK ROAD TO CHERRY AVENUE (REHABILITATION PORTION)" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "WILSON AVENUE EXTENSION AND REHABILITATION PROJECT FROM EAST AVENUE TO WARDMAN-BULLOCK ROAD (EXTENSION PORTION) AND FROM WARDMAN- BULLOCK ROAD TO CHERRY AVENUE (REHABILITATION PORTION)". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Thursday, May 24, 2012, sealed bids or proposals for the "WILSON AVENUE EXTENSION AND REHABILITATION PROJECT FROM EAST AVENUE TO WARDMAN-BULLOCK ROAD (EXTENSION PORTION) AND FROM WARDMAN-BULLOCK ROAD TO CHERRY AVENUE (REHABILITATION PORTION)" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of the "WILSON AVENUE EXTENSION AND REHABILITATION PROJECT FROM EAST AVENUE TO WARDMAN-BULLOCK ROAD (EXTENSION PORTION) AND FROM WARDMAN-BULLOCK ROAD TO CHERRY AVENUE (REHABILITATION PORTION)". Resolution No. 12-064 -Page 1 of 4 P142 PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. They can also be found at www.dir.ca.gov/ under the "Statistics and Research" Tab. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B.. When the number of apprentices in training in the area exceeds a ratio of orie to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Resolution No. 12-064 -Page 2 of 4 P143 Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be goverried by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, firticle 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any .work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ciglist.com and signing up, by going to Member Login or Member Signup (it's free), then Resolution No. 12-064 -Page 3 of 4 P744 choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho Cucamonga and click on City Projects, then click on the Project of interest under the Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website then printed. Prospective bidders must register for an account on www.ciolist.com to be included on the prospective bidder's list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciplist.com and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for the "WILSON AVENUE EXTENSION AND REHABILITATION PROJECT FROM EAST AVENUE TO WARDMAN-BULLOCK ROAD (EXTENSION PORTION) AND FROM WARDMAN-BULLOCK ROAD TO CHERRY AVENUE (REHABILITATION PORTION)" may be directed to: Walter C. Stickney Associate Engineer 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4076 (e-mail at walt.stickneyCa~cityofrc.us) or Kenneth Fung Assistant Engineer 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2740 ext. 4022 (e-mail at Kenneth.fung ancitvofrc.us) All questions regarding this Notice Inviting Bids must be in writing (e-mail is acceptable) and received by the City no later than 5:00 pm on Thursday, May 17, 2012. The City is not responsible for questions undeliverable. ADVERTISE ON: April 26, 2012 and May 10, 2012 Resolution No. 12-064 -Page 4 of 4 P145 STAFF REPORT - COMMUNITY SERVICES DEPARTMENT Date: April 18, 2012 RANCHO C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: Karen McGuire-Emery, Senior Park Planner Subject: ACCEPT THE VICTORIA GARDENS CULTURAL CENTER CELEBRATION HALL FLOORING PROJECT, CONTRACT NO. 11-074 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND, AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION, AUTHORIZE THE PURCHASE OF "SEASHORE" ATTIC FLOORING STOCK FROM THE CONTINGENCY FUNDS, AUTHORIZE THE TRANSFER OF THE REMAINING PURCHASE ORDER FUNDS TO ACCOUNT NO. 1025001-5304 FOR PARTIAL REIMBURSEMENT OF THE TEMPORARY CARPETING AND APPROVE THE FINAL CONTRACT AMOUNT OF $36,809.44 RECOMMENDATION It is recommended that the City Council accept the Victoria Gardens Cultural Center Celebration Hall Flooring Project, Contract No. 11-074, as complete, authorize the City Engineer to file a Notice of Completion, release the Faithful Performance Bond, accept a Maintenance .Bond, authorize the release of the Labor and Materials Bond in the amount of $36,826.00 six months after the recordation of said notice if no claims have been received, authorize the purchase of "Seashore" attic flooring stock from the contingency funds and authorize the transfer of the remaining purchase order funds to Account No. 1025001-5304 for partial reimbursement of the temporary carpeting. Also, approve the final contract amount of $36,809.44. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Victoria Gardens Cultural Center Celebration Hall Flooring Project improvements scope of work consisted of removal of existing rolled rubber flooring completely and installation of new resilient rubber the flooring. Pertinent information of the project is as follows: - Account Numbers: - Engineer's Estimate: - City Council Approval to Advertise: - Publish dates for local paper: - Bid Opening: - Contract Award Date: - Low Bidder: - Contract Amount: 1025001-5304 $41,400.00 May 18, 2011 May 19 and 26, 2011 June 2,2011 June 25, 2011 Hur Flooring, Inc. $36,826.00 F146 CITY COUNCIL STAFF REPORT Re: VICTORIA GARDENS QlL1'URAL CANTER C~LEBRATYON HAI.I. FLOORING PROJECT' April 18, 2012 Page 2 - 5% Contingency: $1,841.30 - Final Contract Amount: $36,809.44 - Difference in Contract Amount: $(-16.56) (-0.04%) The net decrease in the total cost of the project is a result of one (1) Contract Change Order, the balancing statement. The notable change that was significant to the decrease of the Contract amount was the result of a settlement agreement with the contractor in regards to temporary flooring and purchase of attic flooring stock. Respectfully submitted, j~~-he, 1~~~e~~-~.~ Nettie Nielsen Community Services Director /sh Attachment P147 RESOLUTION NO. 12-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE VICTORIA GARDENS CULTURAL CENTER CELEBRATION HALL FLOORING PROJECT CONTRACT NO. 11-074 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Victoria Gardens Cultural Center Celebration Hall Flooring Project, Contract No. 11-074, has been completed to the satisfaction of the Ciry Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE; the CITY COUNCIL of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. P748 STAFF REPORT RANCHO CUCAMONGA POLICE DEPARTMENT Date: April 18, 2012 To: Mayor and Members of the City Council, John Gillison, AICP, City Manager t~ From: ~~ Mike Newcombe, Chief of Police~y~'6 BY: Mark Plamondon, Lieutenant Subject: Edward Byrne Memorial Justice Assistance Grant Application RANCHO C,UCAMONGA RECOMMENDATION: The Rancho Cucamonga Police Department recommends the council accept grant revenue in the amount of $27,537.00 from the United States Department of Justice 2012/13 Edward Byrne Memorial Justice Assistance Grant. It is also recommended the council agree the County of San Bernardino, Law and Justice Group, serve as the fiscal agenUgrant administrator and the City of Rancho Cucamonga shall agree to pay them a fee of five percent (5%), $1377.00, for administrative costs. The net award amount shall be $26,160.00. BACKGROUND ANALYSIS: The United States Department of Justice Programs, Byrne Justice Assistance (BJA) recently announced the availability of grant funds to state and local units of government through the Byrne JAG Grant. This program allows state and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. The City of Rancho Cucamonga has been earmarked to receive $27,537.00. The County of San Bernardino, law and Justice Group shall serve as the fiscal agenUgrant administrator. In accepting the grant, the City of Rancho Cucamonga agrees to pay the San Bernardino County Law and Justice Group a fee of five percent (5%) of the award amount ($1377.00) for administrative costs. The net award amount shall be $26,160.00. Funds shall be utilized by the Rancho Cucamonga Police Department to purchase additional cameras for the Public Safety Video Camera Project. It is a requirement of the grant for the City Manager, City Clerk and City Attorney sign two copies of the Interlock Agreement and both copies be returned to the County of San Bernardino Law and Justice Group. This requirement has already been fulfilled. This application shall also be made public and an opportunity be provided for citizens to comment on the application. EDWARD BYRNE MEMORIAI. JUS"I'ICE ASSISTANCE GRAM' APPLICATION PAGE 2 APRn.18,2012 FISCAL IMPACT: None. This action only allows the Police Department to meet the requirements set forth by the United States Department of Justice Programs to complete the application for funding. CONCLUSION: It is recommended the Rancho Cucamonga City Council accepts grant funds made available through the Edward Byrne Memorial Justice assistance Grant. Respectfully Mike P149 Chief of Police P150 STAFF REPORT ADMINISTRATIVE SERVICES DEPdRTMENT ~~f`',J~ ~~~~lt''-A~'~~TTNC''rrH~~O~~JJ Date: April 18, 2012 CjUGAMGNGA To: Mayor and Members of the City Council From: Lori Sassoon, Deputy City Manager~~ By: Chris Paxton, Human Resources Director( Subject: APPROVAL OF A RESOLUTION ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE EXECUTIVE MANAGEMENT GROUP FOR THE PERIOD 2012-14 RECOMMENDATION Staff recommends the City Council adopt the attached Resolution, approving the Memorandum of Understanding between the Executive Management Group and the City of Rancho Cucamonga for the period July 1, 2012 through June 30, 2014. BACKGROUND Staff and the City's Executive Management Employees have met and conferred in good faith and reached an agreement for a two (2) year labor agreement for the period July 1, 2012 through June 30, 2014. In recognition of the current economic conditions in the State of California, and the ongoing fiscal challenges facing all local agencies, this memorandum includes a provision for 30 hours of unpaid furlough for all represented employees in FY 2012/13 and a collapsing of the existing two tiers of medical insurance benefits into a single tier. Also included is a provision for Tier 1 pension participants to pay a portion of CaIPERS retirement contributions. These concessions will help reduce the City's ongoing operational costs. The attached MOU implements the negotiated provisions. Attachments: 1. Resolution Approving 2012-14 Executive Management Group MOU 2. 2012-14 Executive Management Group MOU P751 RESOLUTION NO. 12- 066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE EXECUTIVE MANAGEMENT EMPLOYEE GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD JULY 1, 2012 THROUGH JUNE 30, 2014. A. RECITALS Representatives of the City of Rancho Cucamonga (City) and the Executive Management Employee Group have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits and other terms and conditions of employment. Representatives of the City and Executive Management have agreed upon and presented to this City Council a Memorandum of Understanding effective, July 1, 2012 specifying the results of said meet and conferprocess. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW THEREFORE, the City Council of the City of Rancho Cucamonga, California, does hereby find, determine and resolve as follows: In all respects, as set forth in the Recitals, Part A of this Resolution. 2. The attached Memorandum of Understanding entered into by and between the City and the Executive Management Employee Group effective July 1, 2012 is hereby approved and ratified by the City Council. 3. The City Clerk shall certify to the adoption of this resolution. PASSED, APROVED AND ADOPTED this day of , 2012. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice Reynolds, City Clerk P152 MEMORANDUM OF UNDERSTANDING CITY OF RANCHO CUCAMONGA AND EXECUTIVE MANAGEMENT EMPLOYEE GROUP P153 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND EXECUTIVE MANAGEMENT EMPLOYEE GROUP SECTION 1: EFFECTIVE DATE The provisions of this MOU are effective July 1, 2012 and shall continue for a two year period ending June 30, 2014. SECTION 2: COST OF LIVING ADJUSTMENT There shall be no cost of living adjustment (0%) for the term of this agreement, except as may be provided to any other City or Fire District bargaining units. SECTION 3: SALARY STRUCTURE Executive Management employees will be assigned to salary ranges which are no less than 20% (40 salary code steps) below the control point and no more than 15% (30 salary code steps) above the control point. Actual salary within the range is determined by performance, achievement of goals and objectives, or for recent appointments, growth within the position. SECTION 4 : EXECUTIVE BENEFITS Employees designated as Executive Management are not eligible for overtime pay,' or compensatory time for working hours over and above the normal daily work schedule. Employees so designated shall be entitled to all benefits provided to general employees and the following: A. Administrative Leave -One hundred (100) hours per fiscal year. Days off must be approved by appropriate supervisor, after successful completion of six months services within this classification. B. Life Insurance -Life insurance in the amount of 100% of the annual base salary plus $75,000. C. Deferred Compensation -Six percent (6%) of base salary. Additional voluntary individual contributions above the 6% of base salary level will be matched dollar for dollar by the City up to a limit of 2% of base salary. The total contributions for both City and Employee cannot exceed the maximum annual contributions as determined by the Internal Revenue Service. D. Automotive allowance of $500 per month if a City vehicle is not provided. 2 P754 E. Executive Wellness Plan -The City shall provide reimbursement for employee for an Executive Physical, and related approved expenses, up to a maximum amount of $2,000 per fiscal year. If the employee selects or requires additional services beyond the $2,000 per fiscal year amount, employee may receive reimbursement for additional approved expenses in an amount equivalent to any unspent funds remaining from employee's Executive Wellness Plan from the prior fiscal year. If no unspent funds remain from employee's Executive Wellness Plan from the prior fiscal year, employee may receive reimbursement for additional approved expenses as an advance against employee's next immediate fiscal year Executive Wellness Plan (1 year advance only). In no event shall any employee receive more than $4,000 total reimbursement for an Executive Physical, and related expenses, in one fiscal year. Approved providers, and a list of eligible reimbursable services, shall be determined by the Administrative Services Department. SECTION 5: HEALTH INSURANCE A. EMPLOYEES HIRED BEFORE JULY 1, 1994 The City. shall provide .employee and family health insurance for all existing represented full-time continuous employees within the bargaining group, subject to the limitation that no such monthly funding by the City shall exceed the following: $995.60 effective July 1, 2009 through December 31, 2013 B. EMPLOYEES HIRED AFTER JULY 1, 1994 The City shall provide employee and family health insurance-for all represented full-time continuous employees within the bargaining group who have been hired on or after July 1, 1994, subject to the limitation that no such monthly funding by the City shall exceed the following: $700.00 effective July 1, 2009 through December 31, 2013 C. SINGLE LEVEL BENEFIT COMMENCING JANUARY 1, 2014 Effective 1/1/14, Sections 5(A) and 5(B) above shall no longer be in effect. Instead, beginning 1/1/14, City shall provide employee and family health insurance for all represented full-time continuous employees within the bargaining group, subject to the limitation that no such monthly funding by the City shall exceed the following: $745.00 3 - P155 D. CASH IN-LIEU PAYMENT Represented employees who waive coverage under a City paid medical insurance plan shall be eligible for a cash in-lieu payment in the amount of $200 per month for single coverage or $300 per month for family coverage. To be eligible an employee must provide proof of other medical insurance coverage and must provide a signed waiver. SECTION 6: RETIREE MEDICAL Subject to the conditions stated below, effective upon a service or disability retirement from City service at or beyond age 55 with 10 consecutive years of City service at the time of retirement, retirees shall be eligible to 100% personally funded without any City contribution, participation in a group health insurance program(s) which is making group health insurance available to the City's retirees and eligible dependent. It is agreed and acknowledged by the parties to this MOU that no representation is or can be made by the City, that such group retiree health insurance is available, or if available, will remain available for any specific future period of time. If no such group health insurance is reasonably available, or if the private carrier(s) terminates such coverage as to the retiree group or any individual group member, the City shall have no obligation/duty to self-fund or otherwise provide insurance or replacement insurance. All premiums for the retiree and/or eligible dependents shall be borne by the retiree. The City shall advance and submit the necessary premiums to the carrier(s), subject to the retiree reimbursing the City not later than 30 calendar days after City payment of the premium. Failure to timely reimburse the City shall result in no further premium payments being made by the City, resulting in termination of insurance coverage. The City's duty to advance said premiums shall terminate at age 65 of the retiree, regardless of whether or not the retiree is eligible for Medicare. City shall advise the group carrier of the insured's status as a retiree or eligible dependent. Coverage eligibility shall then be solely determined by the group insurance carrier(s). It is likely that premium rates for retirees and/or dependents shall be greater than rates for employees. Regardless, retirees shall pay 100% of said rates. If at any time, it is determined by any group health insurance carrier that the City is prohibited from seeking premium reimbursement from a retiree, City affiliation and 4 P756 retiree enrollment in said group insurance plan shall immediately terminate upon rendering of the insurance carrier's decision. In such case, no retiree shall seek reimbursement from the City for any prior premiums paid by the retiree to the City as and for premium reimbursement. SECTION 7: DENTAL INSURANCE The City shall provide a dental insurance plan for all full-time continuous salaried employees. SECTION 8: OPTICAL INSURANCE The City shall provide an optical insurance plan for all full-time continuous salaried employees. SECTION 9: IRS SECTION 125 FLEXIBLE SPENDING ACCOUNT PLAN The City has established an IRS Section 125 Flexible Spending Account Plan managed by a third party administrator that is open to voluntary participation by members of the bargaining unit. The City agrees to pick up all administrative fees associated with maintaining this program for bargaining unit members (including but not limited to debit card fees.) SECTION 10: VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION (VEBA) The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future health care expenses. Employees are allowed a one time election to opt into the plan. Contributions to the Plan shall be made as City contributions through a salary reduction arrangement. All contributions made on behalf of employees through such salary reduction arrangement are made on a pre-tax basis in accordance with IRS provisions. No Employer contributions are to be made to the plan. At the discretion of the Executive Management Group, contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. SECTION 11 RETIREE HEALTH SAVINGS ACCOUNT The members of the Executive Management Group have unanimously agreed to implement a Retiree Health Savings Account as follows: 5 P157 A. PRE-1994 EMPLOYEES 1. All Executive Management employees hired prior to 1994 will contribute the agreed upon value of their accumulated vacation and eligible sick leave time to the Retiree Health Savings Account, upon separation from the City, 2. Pre-1994 Employees will review the provisions of the Retiree Health Savings Account on a yearly basis, in June of every fiscal year, and notify the City of any changes that are desired in the contribution values of their collective accounts on or before July 1 of the following fiscal year. Any changes must be approved by a simple majority of the Pre-1994 participants, prior to implementation. 3. The Retiree Health Savings Account will be administered for the participants by Nationwide Retirement Solutions and all costs related to the ongoing administration thereof will be borne by plan participants, based on the fees and charges established by Nationwide Retirement Solutions, which may change from time to time, and not the City. B. POST-1994 EMPLOYEES 1. All Executive Management employees hired subsequent to 1994 will contribute the agreed upon percent of the cash value of their accumulated vacation and eligible sick leave time to the Retiree Health Savings Account, upon separation from the City. It is understood that the funds contributed are limited to paying for qualified medical premiums. 2. Post-1994 Employees will review the provisions of the Retiree Health Savings Account on a yearly basis, in June of every fiscal year, and notify the City of any changes that are desired in the contribution values of their collective accounts on or before July 1 of the following fiscal year. Any changes must be approved by a simple majority of the Post-1994 participants, prior to implementation. 3. The Retiree Health Savings Account will be administered for the participants by Nationwide Retirement Solutions and all costs related to the ongoing administration thereof will be borne by plan participants, based on the fees and charges established by Nationwide Retirement Solutions, which may change from time to time, and not the City. C. FIRE CHIEF 1. The Fire Chief will contribute the agreed upon percent of the cash value of his/her accumulated vacation and eligible sick leave time to the Retiree 6 P158 Health Savings Account, upon separation from the City. It is understood that the funds contributed are limited to paying for qualified medical premiums. 2. The Fire Chief will review the provisions of the Retiree Health Savings Account on a yearly basis, in June of every fiscal year, and notify the City of any changes that are desired in the contribution value of his/her account on or before July 1 of the following fiscal year. 3. The Retiree Health Savings Account will be administered for the participants by Nationwide Retirement Solutions and all costs related to the ongoing administration thereof will be borne by plan participants, based on the fees and charges established by Nationwide Retirement Solutions, which may change from time to time. SECTION 12: BEREAVEMENT LEAVE When a death occurs in the family of a full-time employee, the employee shall be granted up to five (5) bereavement leave days with pay. A death certificate or other acceptable evidence may be required by the City Manager or designee before leave is allowed. Family members are defined as follows: employee's spouse or domestic partner, employee's parents, employee's grandparents, employee's children, employee's siblings, or employee's grandchildren, employee's spouse or domestic partner's parents, employee's spouse or domestic partner's grandparents, brother-in- law, sister-in-law, employee's spouse or domestic partner's children, employee's spouse's grandchildren, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partner refer to registered domestic partners, as defined by California Family Code §297). SECTION 13: PERSONAL LEAVE Employees can use up to 20 hours of accrued sick leave, vacation, administrative leave or holiday time as personal leave. These 20 hours can be used incrementally (i.e., 1 hour; Yz hour) throughout the fiscal year. Use of this time is for situations requiring the employee's attention and needs to be cleared with their supervisor when using the time. Personal leave can be taken after six months of service. SECTION 14: VACATION All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. Vacation can be taken after six months of service. 7 Length of Service Hours Accrued Annual Hours In Years Per Pav Period Accrued 1 3.077 80 2 3.461 90 3 3.846 100 4 4.230 110 5 4.615 120 6-8 5.000 130 9 5.384 140 10 5.769 150 11-13 6.153 160 14 6.538 170 15+ 6.923 180 SECTION 15: VACATION BUYBACK The City will provide the total cash value of up to 80 hours of vacation leave annually, that may be bought back during either November or April. Employees must maintain a minimum of 80 hours of accrued vacation subsequent to any payment of vacation buy back time. Employees who wish to buy back vacation must request payment of not less than 40 hours and not more than 80 hours. SECTION 16: SICK LEAVE All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually. Sick leave can be taken after six months of. service. The City shall provide eligible employees with leave of absence due to family and personal health purposes as provided by the U.S. Family and Medical Leave Act ("FMLA; 29 U.S.C. section 2601 et seq.) and the California Family Rights Act (`'CFRA"; California Government Code section 12945.2). The City's FMLA/CFRA policy is incorporated herein by reference. The City shall also provide leave of absence for reasons covered by FMLA relating to covered relationships who are members of the military pursuant to the 2008 amendments to FMLA contained in the National Defense Authorization Act. SECTION 17: SICK LEAVE BUYBACK Employees who terminate their City employment after 5 years of continuous service and , have at least 50% of five years of sick leave accrued on the books upon termination can sell 120 hours back to the City. P759 8 P160 SECTION 18: Hounars The City Hall Offices observe the following 14 holidays. All full-time continuous salaried employees shall be compensated at their regular rate for these days: ~~~ July 4 cz) First Monday of September c3) November 11 ~"~ Fourth Thursday of November (5) Day following Thanksgiving ce) December 24 ~'~ December 25 l8) January 1 c9) Third Monday of January i10~ Third Monday of February i"~ Last Monday of May Independence Day Labor Day Veteran's Day Thanksgiving Day Day preceding Christmas Christmas Day New Years Day Martin Luther King's Birthday President's Day Memorial Day i'Z~ Three discretionary days may be taken by an employee at his/her convenience after six months of service subject to approval of the department head. Days may not be carried over from one fiscal year to the next. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. When a holiday combination occurs (Thanksgiving, Christmas, etc.) where two consecutive days are holidays and it would result in the City Hall being open to serve the public only 2 days during the week, only one of the holidays will be observed and the other holiday will become a floating holiday. For example, for Thanksgiving, Thursday will be observed as the regular holiday; however Friday will become a floating holiday to be used at a later date. For Christmas, Wednesday will be observed as the regular holiday; however Tuesday (the day preceding Christmas) will become a floating holiday to be used at a later date. In the instance of Thanksgiving, Christmas or New Years, employees will have until June 30 to use those floating holidays accrued between Thanksgiving and New Years. Also, those 9 P161 days will not accrue as floating holidays until the actual holiday has occurred. Each year the City will designate which days will be observed and which are floating holidays. Employees who are eligible to bank a holiday have until June 30 (end of fiscal year) to use the banked holiday earned from July 1 through April 30. Any holiday banked in May and June, employees have until September 30 to use the banked holiday. SECTION 19: NATAL AND ADOPTION LEAVE WITHOUT PAY The City shall provide employees up to four months natal and adoption leave for the birth or adoption of a child; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 12945), if applicable. The City's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. SECTION 20: NATAL AND ADOPTION LEAVE WITH PAY Employees are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child. Any paid time required beyond this initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. SECTION 21: WORKERS COMPENSATION LEAVE Any employee covered herein who is receiving disability payments under the "Workers Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such City position, shall receive from the City during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received under the Workers Compensation Act and the employee's full salary. Such payments by the City should be made without any deduction from accrued sick leave benefits. The City's obligation for such payments shall commence on the first (15`) day of such disability absence. In the event the employee's disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave or accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can be used in one-hour increments. SECTION 22: MILITARY LEAVE Employees required to serve military leave will be compensated pursuant to the Military and Veterans Code. To qualify for compensation the military orders must be submitted 10 P162 to the supervisor prior to their tour of duty and must be attached to the timecard for that pay period. SECTION 23: MILITARY SERVICE BUY BACK Employees have the option for military service buy back at the employee's expense. SECTION 24: RETIREMENT BENEFIT Represented employees shall be members of the California Public Employees Retirement System (CaIPERS) and shall be provided the benefits as described below: A. Emplovees Hired Before September 1, 2010 § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Yr Final Compensation City pays the normal eight percent (8%) CaIPERS member contribution per Resolution 11-063. Effective 7/1/13, employees shall pay one percentage point (1%) of the normal CaIPERS employer contribution. B. Emplovees Hired Between September 1, 2010 and Julv 3, 2011 § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Yr Final Compensation City pays seven percent (7%) of they normal CaIPERS member contribution; employee pays one percentage point (1 %) of the CaIPERS member contribution per Resolution 11-063. C. Emplovees Hired on or After July 4, 2011 § 21354 2% @ 55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Yr Final Compensation 11 P163 City pays six percent (6%) of the normal CaIPERS member contribution; employee pays one percentage point (1%) of the CaIPERS member contribution per Resolution 11-063. It is understood that all contributions paid by the employee as described above shall be calculated based upon the full base salary of the employee, plus any additional PERSable compensation, and any Employer Paid Member Contributions (EPMC). If, subsequent to the adoption of this MOU, a State measure becomes law which requires employees to pay one percentage point (1%) or more of their Employer Paid Member Contribution, the one percentage point (1%) payment of the employer or employee share being paid by employees would be eliminated on the effective date of such measure. City shall adopt a resolution providing that all employee CaIPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. SECTION 25: TUITION REIMBURSEMENT FOR APPROVED COLLEGE/ UNIVERSITY COURSES Effective July 1, 2006, (July 1 through and including the following June 30) reimbursements by the City of the following enumerated college and/or university course expenses shall not exceed two thousand three hundred dollars ($2,300.00) during any fiscal year. Eligibility for said reimbursement in an amount not to exceed $2,300.00 in any one fiscal year shall be contingent upon a determination by the employee's department head or his designee that all of the following conditions precedent exists: A. Expenses shall be incurred as regards coursework undertaken at a college or university that is licensed/accredited by the State of California. B. The applicant for reimbursement shall present to the Personnel Department documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of "C" or "pass" in a pass/fail class. As regards each class for which reimbursement is sought (where an employee is simultaneously enrolled in multiple approved classes and does not receive a "C" or "pass" in any one or more of such classes, the amount of expenses subject to City's reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received). C. Eligibility for reimbursement for said expenses shall be confined to either: 1) those courses that in and of themselves consist of curriculum which is predominately related to the development of skills reasonably anticipated by the 12 P164 City to enhance the applicant's job performance (by means of anon-inclusive example only, art classes would not qualify for reimbursement); or 2) where the employee has declared a major that is job-related as set forth in this Section C, to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major. D. Eligibility for reimbursement upon completion of coursework shall be predicated upon the employee's department head or his designee, making a written determination prior to the affected employee's enrollment in the course(s) for which reimbursement is later sought, that the coursework is offered by an accredited college or university and that the above-described job nexus does exist. The determination of the City Manager or his designee in such regards shall be final. E. The costs which shall be subject to reimbursement are limited to the following: 1) tuition; 2) books; 3) supplies; 4) parking; and, 5) laboratory. In addition to all other conditions precedent to reimbursement set forth in this section, prior to reimbursement being approved, written receipts shall be provided to the Personnel Department and shall evidence each expenditure for which reimbursement is sought. SECTION 26: 4/10 WORK WEEK City Hall operates on a 4/10 work week, hours lam to 6pm, Monday through Thursday. Remote facilities operate on a 40-hour work week of varying days and times. SECTION 27: BI-LINGUAL Pav Employees who qualify for bi-lingual pay will be provided $50.00 per month SECTION 28: FURLOUGHS Fiscal Year 2012/13 Employees will be required to take thirty (30) hours of unpaid furlough during Fiscal Year 2012/13. The number of furlough days. will depend on the employee's regular work schedule. Employees will have four options to complete the thirty (30) hour furlough as outlined below, with the final, irrevocable decision to be made in writing by May 31, 2012. Once the City has received in writing the decision by all employees regarding their preferred method of meeting their furlough obligation, the City will, within forty-five (45) calendar days, provide a written Furlough Implementation Schedule to the affected departments and to the negotiation team for each affected employee group. 13 . P165 Furlough Options: • Vacation Hours -The employee may elect to "give back" thirty (30) hours from their accrued vacation leave bank to the City. A. If an employee opts to give back vacation leave hours but does not have all thirty (30) hours available, the City will permit the employee to accumulate the additional hours through January 31, 2013. If the employee has not accumulated sufficient vacation hours by January 31, 2013, then the employee must take the balance of the thirty (30) hours as unpaid furlough hours during the period February 2013 through June 30, 2013. B. Probationary employees who complete probation prior to May 31, 2013 and have elected, in advance, to have thirty (30) hours deducted from their accrued vacation balance, shall have the deduction made at the conclusion of probation. If the employee does not complete probation prior to May 31, 2013, cone-time exception shall be made to allow the deduction of the accrued leave by June 30, 2013 if they so chose. If a probationary employee has not accrued thirty (30) hours as of May 31, 2013, then the employee must take the balance of the thirty (30) hours -as unpaid furlough hours by June 30, 2013. Any probationary employee who did not chose to deduct accrued leave shall take the balance of the thirty (30) hours as unpaid furlough hours during the period February 2013 through June 30, 2013. • Unpaid Furlough Hours - An employee may elect to take thirty (30) unpaid furlough hours during the period July 1, 2012 through June 30, 2013. Furlough hours may be scheduled in full ten (10) hour increments or five (5) hour increments for those employees who work ten (10) hour schedules. However, a maximum of fifteen (15) hours can be taken in five (5) hour increments. Furlough hours may generally be scheduled in full eight (i3) hour increments or four (4) hour increments for those employees who work eight (8) hour schedules. However, a maximum of twelve (12) hours can be taken in four (4) hour increments. Because employees cannot achieve the full 30 hours of furlough in a combination of eight (8) and/or four (4) hour increments, those employees working eight hour schedules must furlough an additional two (2) hours during F/Y 2012/13. • Holiday Closure - An employee may elect to take unpaid furlough hours during the holiday closure described in Section 29 and choose either of the preceding options to total thirty (30) hours of furlough. If an employee furloughs during the holiday closure period but is subsequently called in to work, that day shall not be counted toward the employee's required thirty (30) hours of furlough. 14 P166 Furlough Spread Over 26 Pay Periods - As.an option to spread the furlough obligation over the full 26 pay periods in the 2012/13 fiscal year, employees may elect to furlough 1.15 hours per pay period. These employees will work their normal (80 hour) work period (less any regular holiday, vacation, sick or other leave) but will note 1.15 hours of furlough on each time sheet which will result in payment for 78.85 hours of non-furlough time per 80 hour pay period. Fiscal Year 2013/14 Furloughs will be eliminated completely effective July 1, 2013. SECTION 29: HOLIDAY FACILITY CLOSURE If agreed to by all City labor groups, in addition to the regular scheduled City holidays of December 24 and 25, 2012, and January 1, 2013, City Hall and the City Yard shall close December 26, 27 and 31, 2012. Ih addition to the regular scheduled City holidays of December 24 and 25, 2013 and January 1, 2014, City Hall and the City Yard shall close on December 23, 26, 30 and 31, 2013 and January 2, 2014. Closure dates for the Libraries, the Cultural Center and other Community Services facilities shall be determined by the City in order to minimize the impact on public services. During these closures employees may take paid leave from holiday, management leave, or vacation accruals; however, unpaid leave may only be taken from furlough hours. CITY John R. Gillison City Manager EXECUTIVE MANAGEMENT Trang Huynh Building and Safety Director 15 P167 STAFF REPORT ADMINISTR.ITIVE SERVICES DEPARTMENT Date: April 18, 2012 To: Mayor and Members of the City Council/~ From: Lori Sassoon, Deputy City Managerr I' ~ l By: Chris Paxton, Human Resources Director °(~-~ Subject: AMENDMENT TO CITY MANAGER EMPLOYMENT CONTRACT RANCHO CUCAMONGA RECOMMENDATION Staff recommends the City Council approve the attached amendment to the employment agreement between the City Council of the City of Rancho Cucamonga and City Manager John Gillison. BACKGROUND The City Council on July 6, 2011 approved an employment contract with John Gillison to serve as City Manager with an effective date of September 1, 2011. That agreement was amended on March 7, 2012. In recognition of the continuing fiscal challenges faced by the City, Mr. Gillison desires to amend his contract once again to provide that he shall pay a portion of the employer share of the City's CaIPERS retirement contribution. This action will help reduce ongoing City operational costs. Attachment: Amendment No. 2 to Employment Agreement P168 AMENDMENT N0.2 TO EMPLOYMENT AGREEMENT This Amendment No. 2 is made and entered into and shall be effective as of July 1, 2012 by and between the CITY OF RANCHO CUCAMONGA, California, a municipal corporation, hereinafter called "the City", the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, and JOHN ROBERT GILLISON, hereinafter called "Employee." A. Recitals. (i) Effective September 1, 2011, City employed Employee as City's City Manager pursuant to the terms and conditions contained in an employment agreement ("the Agreement" hereinafter). (ii) Amendment No. 1 to the Agreement concerning contract termination was entered into as of Mazch 7, 2012. (iii) The parties desire to again amend the Agreement to provide for Employee increasing his contribution to the costs of retirement. B. Amendment. NOW, THEREFORE, the parties hereto agree as follows: Pazagraph 5 hereby is amended to read as follows: "5. Benefits. Employee shall receive the same benefits, including leave accruals and cash out provisions, holidays and other benefits on the same terms and conditions as provided to other Executive Management employees, with the following exceptions: a. Deferred Compensation -City shall contribute 1 more than the highest amount provided to any other Executive Management employee into both employee's 401 plan and his 457 plan; and b. Commencing July 1, 2012, Employee shall pay one percentage point of the total percentage points paid as City's Employer P.E.R.S.rate." 2. Other than as expressly amended hereby, the Agreement, as heretofore amended, and each and every term and provision thereof, shall remain in full force and effect. -1- 11231-0001 \ 1442439v 1. doc P769 IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 as of the dates set forth below: CITY OF RANCHO CUCAMONGA Dated: By: L. Dennis Michael, Mayor ATTEST: EMPLOYEE Dated: By: John Robert Gillison Approved as to form: James L. Mazkman City Attorney -2- City Clerk 11231-0001 \ 1442439v 1, d oc ADDED -URGENCY ITEM - K21. MEMORANDUM CITY CLERKS OFFICE Date: April 16, 2012 To: Honorable Mayor and Members of the City Council John R. Gillison, City Manager From: Debra L. McKay, MMC, Assistant City Clerk/Records Manager ! , RANCHO CUCAMONGA Subject: City Council Report for April 18, 2012 Meeting -Request to Waive Rental Fees and Deposit for the Use of Central Park for Memorial Services for Corporal Robby A. Reyes and Authorization to Establish a Policy for Future Memorial Services As the City Council is aware, over the weekend Corporal Robby A. Reyes lost his life in a training exercise and his family wishes to hold a memorial service at Central Park. Attached is a City Council report for your review and consideration at the April 18, 2012 meeting. As the City Council agenda of April 18, 2012 was posted and distributed on Thursday, April 12, 2012, the City Council will be asked to determine that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted. After that determination is made, the City Council can consider this report and its recommendations. Please do not hesitate to contact me if you have any questions. ADDED -URGENCY ITEM - K21. STAFF REPORT COilf~fUNPIY SERVICES DEP~RTDIBNT Date: April 18, 2012 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director Subject: APPROVAL OF A REQUEST FOR A WAIVER OF RENTAL FEES AND DEPOSIT FOR USE OF CENTRAL PARK FOR MEMORIAL SERVICES FOR CORPORAL ROBBY A. REYES AND AUTHORIZATION TO ESTABLISH A POLICY TO ALLOW FOR THE REDUCTION OR WAIVER OF FEES AND DEPOSITS FOR THE USE OF CITY FACILITIES FOR FUTURE MEMORIAL SERVICES OF ACTIVE MILITARY PERSONNEL KILLED IN THE LINE OF DUTY RECOMMENDATION: It is recommended that the City Council approve a waiver the required deposit and of rental fees for the use of Central Park for the family of Corporal Robby A. Reyes for the purposes of holding a memorial service for Corporal Reyes who tragically lost his life in service to our country, and to authorize staff to develop a policy for future situations. BACKGROUND/ANALYSIS: The City has been notified that one of our resident soldiers, and a member of our Blue Star Banner program, Marine Corporal Robby A. Reyes, lost his life in a training exercise while in service to our country. The family of Corporal Reyes wishes to hold a memorial service at Central Park, date and time tentative at the writing of this report. The family has been notified that his Blue Star Banner will be replaced with a Gold Star Banner, signifying his ultimate sacrifice. The City is proud to stand behind the men and women who serve in the armed forces. Staff recommends that for the purposes of holding the memorial service that the required $500 deposit be waived and that the rental fees for David Drier Hall at Central Park, normally charged at the standard resident rate of $120 per hour, be waived. Staff also recommends that the City Council authorize the Community Services Department to develop a policy for future such uses so that we can quickly serve our families in need. Due to the unforeseen nature of these circumstances and the timing involved, it may not always be feasible or possible to bring each and every request before the City Council. The establishment of a policy and inclusion of special rates or identified situations where the reduction or waiver of fees is appropriate would be included as part of our annual fee adoption and will ensure a smooth process for our military families. ADDED -URGENCY ITEM - K21. APPROV/\I, OIL A RIr:QUI~:S'I' I~OR A W[V VI3t2 OI~ RENTAL FEES AND DEPOSIT I~OR USC? OI~ P[\GI 2 CENTRr\I, PARK FOR MEMORIAL SERVICES FOR CORPORAL ROBBY A. REYES AND AUTHORIZATION TO ESTABLISH A POLICYTO ALLO\V FOR THE REDUCTION OR WAIVER OF FEES AND DEPOSITS FOR THE USE OF CITY FA APRIL 18.2013 FISCAL IMPACT: The fiscal impact to the City includes the waiver of the $500 deposit requirement, which is normally returned to the customer after the event, and the waiver of rental fees for David Drier Hall, estimated at $480 for four hours of use. Future fiscal impact from adoption of fee waiver policy depends on what is rented and for how long as well as how often a fee waiver occurs. Respectfully submitted, -~ffi-Pi ~~~~SC~~ Nettie Nielsen Community Services Director STAFF REPORT - -_ _ - RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: April 18, 2012 (-;UCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst I I Subject: ADOPTION OF A RESOLUTION MAKING DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (HOMESCAPE CUCAMONGA, LLC, OWNER -APN: 0207-201-22 -ANNEXATION NO. 12-3) LOCATED ON THE NORTH EAST CORNER OF ARROW ROUTE AND BAKER ST. TO AN EXISTING COMMUNITY FACILITIES DISTRICT, CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RECOMMENDATION Consideration of adoption of a resolution making determinations and authorizing the submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (Homescape Cucamonga, LLC, Owner -Annexation No. 12-3) to existing Community Facilities District No. 85-1 ("CFD No. 85-1") and calling a special election for such purpose. BACKGROUND Homescape Cucamonga, LLC, property owner, has submitted a proposal to create a 95 lot tentative tract on the northeast corner of Arrow Route and Baker St. (APN 0207-201-22; the "Annexation Area") and is conditioned by the City and Fire District to annex to the existing Community Facilities District (CFD) 85-1 in order to mitigate the development's impact upon fire protection services. All other parcels related to this proposed tentative tract were previously annexed as part of Annexation No. 05-9. On March 7, 2012, the Board initiated formal annexation proceedings pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act") by adopting Resolution No. FD 12-012 approving an Annexation Map (Exhibit "A") of the territory proposed to be annexed and the Resolution of Intention to Annex APN 0207-201- 22 the existing CFD 85-1. This Resolution, among other things, declared the intention of the Board of Directors to levy a special tax within the Annexation Area to finance fire protection and suppression services and setting a public hearing regarding the proposed annexation to be held on April 18, 2012. P170 P171 Annexation of Territory to an existing CFD 85-1 April 18, 2012 Through adoption of this resolution before the Board this evening, the Board will accomplish the following: • Make certain determinations as set forth in the resolution • Call for a special election to be conducted on April 25, 2012 • Authorize submittal of the levy of the special tax to qualified electors of the Annexation Area at such special election ANALYSIS The annexation of the Annexation Area into CFD No. 85-1 will satisfy the conditions of development relating to mitigating impacts upon fire protection services. Homescape Cucamonga, LLC, property owner, is in full support of the annexation of the property being annexed. Pursuant to the Mello-Roos Act, whenever there have been less than 12 persons registered to vote within the Annexation Area for each of the 90 days preceding the public hearing pertaining to such annexation, the vote shall be by the landowners within the Annexation Area. Therefore, in the current circumstances, the election will be a landowner's vote, the landowner having one vote per acre or portion thereof of land within the Annexation Area. Homescape Cucamonga, LLC, owner of the property within the Annexation Area, has executed a "Consent and Waiver" of time frames relating to the election. Exhibit "A" of the Resolution sets forth the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area which is consistent with the special tax levied upon all territory currently within CFD No. 85-1. At the special election to be held on April 25, 2012, the landowner(s) will be entitled to cast its ballot. The Board Secretary will then canvas the ballot, if received. At the next Board meeting, the Board will consider adopting the resolution declaring the election results and the annexation of the Annexation Area to CFD No. 85-1. If 2/3 of the votes are cast in favor of the levy of the special tax, the Board may declare the property to be annexed. The Public Notice regarding the Public Hearing has been advertised in the Inland Valley Daily Bulletin. Respectfully submitted, Mike Bell Fire Chief Attachments 1. Annexation Map 2. Resolution No. FD 12-021 3. 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Ass¢smn - wD DabUW1T FACafIlES a51mm5 Ai FADE AT iNE REae6f 0 scvEa•• m . -.6llE iManrt OF7 - ~ DEMN! pFxGFA' m le o - m ~ ~ - AssESmq_gEDmDFR-CIOIX cauMrr a rAM eEwwmMO . . axY=IC seM[ ~ .. a''~. RE. P173 RESOLUTION NO. FD 12-021 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 12-3) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY WHEREAS, the BOARD OF DIRECTORS (the "Board of Directors") of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Fire Protection District"), RANCHO CUCAMONGA, CALIFORNIA, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the "Act"). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District, the extent of the territory to be annexed (the "Annexation Area"),the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half (1/2) or more of the area of land within the Annexed Area or within District; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS The above recitals are all true and correct. SECTION 2. DETERMINATIONS It is determined by this Board of Directors that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; P174 C. the time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of this resolution; and E. the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3. BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public services described in Section 4 below are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map entitled "Annexation Map No. 12-3 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map"), a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. SECTION 4. DESCRIPTION OF SERVICES The services that are authorized to be financed from the proceeds of special taxes levied within the District are certain services which are in addition to those services required for the territory within the District and will not be replacing services already available. A general description of the services authorized to be financed by the District is as follows: The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such services. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within the District are the types of services proposed to be financed from the special taxes proposed to be levied within the Annexation Area: If and to the extent possible such services shall be provided in common with District and the Annexation Area. SECTION 5. SPECIAL TAX Except where funds are otherwise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for the services described in Section 4 that are required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A" which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. Resolution No. FD 12-021 -Page -2 P775 The special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this Board of Directors may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. SECTION 6. SPECIAL TAX ACCOUNTABILITY MEASURES Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this Board of Directors hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in Section 5 above: A. Each such special tax shall be Levied for the specific purposes section in Section 5. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075.3. SECTION 7. ELECTION The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 25th day of APRIL 2012, and said election shall be a special election to be conducted by the Secretary (hereinafter "Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on "Annexation Map No. 12-3 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map") pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth Resolution No. FD 12-021 -Page -3 P176 in Resolution No. FD 11-029 to finance fire suppression and protection services and administrative expenses? SECTION 9. VOTE The appropriate mark placed in the voting square aftertheword "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 10. ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the. requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. Resolution No. FD 12-021 -Page -4 P177 PASSED, APPROVED, AND ADOPTED this AYES: NOES: ABSENT: ABSTAINED: day of 2012. L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the day of 2012. Executed this _ day of 2012 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 12-021 -Page -5 P178 EXHIBIT "A" COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 12-3 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services, the Maximum Special Tax in Community Facilities District No. 85-1. Annexation No. 12-3 for Fiscal Year 2011-2012 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($151.71) Multi-Family 2 DU: 1.75 = ($151.71) 3 DU: 2.25 = ($151.71) 4 DU: 2.65 = ($151.71) 5-14 DU: 2.65 = ($151.71) + {.35 (TU-4) ($151.71)} 15-30 DU: 6.15 = ($151.71)+{.30 (TU-14) ($151.71)} 31-80 DU: 10.65 = ($151.71) +{.25 (TU-30) ($151.71)} 81 - up DU: 23.15 = ($151.71) + {.20 (TU-80) ($151.71)} Commercial ($151.71) per acre + $.082 per SF Industrial ($151.71) per acre + $.100 per SF Note: DU =Dwelling Unit TU =Total Units SF =Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2011 and each July 151 thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Resolution No. FD 12-021 -Page -6 P179 REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall be granted a reduction in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; - where a "certificate of occupancy" or "utility release" from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; - which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services -Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Resolution No. FD 12-021 -Page -7 ~ M N N N ~ ~ ~ O •~.~ V O Z N ti •r ~ N '~ ~ ~ k N C ~ ~ Q Q G~ C ~! Q V ~L .~ 0 V ny ua~{!II!W ny uaneH ny esow~aH ny ple4!yo~y ny uewllaH ;g ue!lawe~ C 0 ny epuenn!;~ 18 ~aa~~ ~(ea ny ~a;sayoo~ ^~ W C (6 C (d m P180 a~ E ~ ny I(~~ay~ ~ ~ J ~= U ~ ~ U O ~ ~ ~: ~~ ~ a~ J ti.r o c _ J m ~ I u~i t 3 m o 0 ~ u_ a -,~.~. `~ .._..'n~;Sep cn ~ o ~ -- \ nl ny epuenn!;3 ny ~a;sayoo~ ny ua~{!II!W - ny uaneH ^ ny esow~aH M ~ N ~ ^ ~ ~ ny Ple4!yo~d ^ o , ^ a ' ~ ~ ~~ ,~ ny uewllaH ~ ~ ~ s ~ Q ~ ~ ~ ` i ny p~e~(au!n ^ ~~ ~ _o$owYV - L_ r C_ J Q~ (~ m . ~ ~~PE~~g:€_$P D~Ek•~}4q~°i ~S ` ' _ g n~ 5~ m 9 0 o ~Eo8go3.4 ~ ._.._. ._.~.._ w' ny anon ~ ~~ s z o t ~ s P Lam, ~ eD•~8:5~~a G` e3; g g~~7g68 L }} '' ~EEF•g~~ 8. ~ Q o2~ ~q3 Y S ~p ea Y~ tlg S~ E~ ~~ SUBRECIPIENT AGREEMENTS-See attachments prior to agenda page P252—1)Foothill Family Shelter;2)Inland Valley P181 Council of Churches(dba Inland Valley Hope Partners);3)Inland Fair Housing and Mediation Board; 4)House of Ruth;5)Camp Fire USA,Mt.San Antonio Council;6)Project Sister Family Services; 7)Hope Through Housing Foundation;and 8)Steelworkers Oldtimers Foundation STAFF REPORT 6111hiltr PLANNING DEPARTMENT -1 S. RANCHO CUCAMONGA Date: April 18, 2012 • To: Mayor and Members of the City Council John Gillison, City Manager From: Larry Henderson, AICP, Principal Planner By: Thomas Grahn, Associate Planner Subject: CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN DRC2012-00245 — CITY OF RANCHO CUCAMONGA — A review of the Federally required 2012-2013 Annual Action Plan, which includes the selection of CDBG funded activities, based on a grant allocation of$804,436. RECOMMENDATION: Staff recommends that the City Council conduct a public hearing, take public testimony. regarding the application for funding, and adopt the Annual Action r Plan, thereby authorizing the Mayor to submit the plan to the U.S. Department of. Housing and Urban Development(HUD)for their consideration. BACKGROUND: Since the adoption of the Cranston-Gonzalez National Affordable Housing Act in 1990, the Federal government has required jurisdictions to develop a comprehensive long-range-planning format to address the use of entitlement funds, such as the Community Development Block Grant (CDBG) program. The primary focus of these planning efforts is to benefit low- and moderate-income individuals and families, homelessness, low-income target areas, and other special needs populations. HUD administers the CDBG program and requires the preparation of a 5-year Consolidated Plan and 1-year Annual Action Plan to address each grantee's use of Federal funds. The 2010-2014 Consolidated Plan was adopted on April 21, 2010 and covers the program years from July 1, 2010, to June 30, 2015, and the 2012-2013 Annual Action Plan will cover the program year from July 1, 2012, to June 30, 2013. ANALYSIS: CDBG FUNDING - CDBG funds are provided by HUD based on a formula that considers a City's low-income census data, the extent of poverty, and age of the housing stock. Based upon this formula, Rancho Cucamonga expects to receive a grant allocation of $804,436, which is a decrease of $114,157 from our current program year funding (a 12.43 percent reduction). Since 2010, the City's CDBG allocation has decreased by $298,772 (a 27.08 percent reduction). P182 CITY COUNCIL STAFF REPORT DRC2012-00245—CDBG ANNUAL ACTION PLAN April 18, 2012 Page 2 To be eligible for funding, activities must meet one-of-the-two primary goals of the CDBG program: 1. The development of viable urban communities, including decent housing, and a suitable living environment; and 2. The expansion of economic opportunities, principally for persons of low- and moderate-income. CDBG regulations require that at least 70 percent of all funds be directed to activities that benefit low- and moderate-income persons. Of the activities proposed for the 2011-2012 program year, approximately 80 percent will benefit persons of low- and moderate-income. THE ANNUAL ACTION PLAN The Annual Action Plan identifies Federal funds to be used, indicates the activities on which they will be spent, and sets goals for the number and type of households to be assisted by the applicable Federally funded programs. Each year we receive applications requesting funding for activities that far exceed our funding abilities. Because funding of the City's CDBG program is limited by the allocation we receive from HUD and how we distribute these funds is regulated by Federal regulations, the City simply cannot fund all application requests received. The following amounts identified in bold refer to recommended funding amounts from CDBG entitlement funds. Capital Improvement: Includes funds to public facilities and for public improvements. No new projects are recommended for funding; proposed activities are on-going and carry over from prior years. • Wheelchair Ramps: Retrofitting of existing intersection curbs to accommodate handicapped persons; this activity occurs on a Citywide basis. Staff recommends funding this activity$22,850. • Sidewalk Grinding and Replacement: The grinding, repair, or replacement of damaged and/or inaccessible sidewalks located in low-income targeted neighborhoods. Staff recommends funding this activity$22,850. Home Improvement: The City is offering two activities focusing on home improvement, including the following: • City Home Improvement Program: This program offers zero interest, deferred payment loans up to $30,000, and grants up to $7,500 for eligible low-income, owner-occupied, single-family, and mobile homes. This program has been extremely successful and we have received a significant number of requests for assistance from both the single-family and mobile-home community. Staff recommends funding this activity$470,056. P183 CITY COUNCIL STAFF REPORT DRC2012-00245—CDBG ANNUAL ACTION PLAN April 18, 2012 Page 2 • Steelworkers Oldtimers Foundation Home Maintenance Program: This program provides minor rehabilitation and emergency assistance to low- and moderate-income residents and senior citizen households whose income falls below 80 percent of the MFI. Permitted home repairs include minor plumbing, electrical, carpentry, and roof repairs. Staff recommends funding this activity$7,200. Historic Preservation: This activity supports the rehabilitation of significant historic structures, with primary emphasis on residential assistance: • Etiwanda Railway Station: The on-going preservation at the depot will be accomplished through renovation for adaptive reuse as a museum and trailhead for the Pacific Electric Inland Empire Trail, a 21-mile long regional trail. Staff recommends funding this activity $130,132. (All funds allocated to this activity are prior year funds, no new funds are provided). Public Service: Under CDBG regulations cities may allocate up to 15 percent of their entitlement to fund public service providers. Fifteen percent of our anticipated entitlement is $120,665.40, and staff recommends funding public service groups a total of $120,600. Proposed funding will support those subrecipients who currently receive funding through the City's CDBG program, no new activities are recommended for funding as our appropriation will decrease. CDBG funded public service activities include: Graffiti Removal, Fair Housing, Landlord Tenant Counseling, Homelessness and Food Assistance, Domestic Violence Shelter, Senior, Youth At-Risk, and Literacy programs. Staff recommends funding these activities$120,600. CITIZEN PARTICIPATION HUD emphasizes public participation in the development of the Consolidated Plan through citizen participation at significant points in the process. Cities are required to make every effort to involve the community in the Consolidated Plan's development process, particularly those individuals that the Consolidated Plan strives to assist, including low- and moderate-income individuals and families, the homeless, and others with special needs. Rancho Cucamonga's Consolidated Plan established a 30-day public review period prior to adoption of the Consolidated Plan and Annual Action Plan. The public notice was published on March 19, 2012, identifying that the 2012 Annual Action Plan was available for public review and that the review period would run from Monday, March 19, 2012 to Wednesday, April 18, 2012. CORRESPONDENCE: Notice of the public hearing and proposed funding allocations was published in the Inland Valley Daily Bulletin on March 19, 2012. P184 CITY COUNCIL STAFF REPORT DRC2012-00245—CDBG ANNUAL ACTION PLAN April 18, 2012 Page 4 Respectfully sub itted, Lar Henderson, AICP Principal Planner LH:TG/** Attachments: Exhibit A— CDBG Funding Analysis Exhibit B —2011-2012 Annual Action Plan P785 -$itlewelk Beck To Basics zo.co=r< s7 zo 14ss% , $66.40 17.21% ~__ .___ i EXHIBIT A 1 '-2013\Tables12012-2013 Draft Funding Analysis - 12% Reduction - 12202011.x1s i P1 CITY OF RANCHO CUCAMONGA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2012-2013 ANNUAL ACTION PLAN APRIL 18, 2012 ~__ _ . .- - .- - - - - -- -,~ Prepared by: Rancho Cucamonga Planning Department ~ 10500 Civic Center Drive EXH I B IT B II Rancho Cucamonga, CA 91730 ~ DRC2012-00245 P787 Table of Contents Section Pace EXECUTIVE SUMMARY ................................................................................................ ..................................1 PURPOSE OF THE CONSOLIDATED PLAN ....................................................... .............................:....1 SUMMARY OF THE CONSOLIDATED PLAN STRATEGY ................................... ..........................:.......1 PURPOSE OF THE ANNUAL ACTION PLAN ..................................................... ..................................3 PROPOSED CDBG ACTIVITY FUNDING ........................................................... ..................................3 EVALUATION OF PAST PERFORMANCE ......................................................... ..................................4 INTRODUCTION ........................................................................................................... .................................. S RESOURCES AVAILABLE ................................................................................. .................................. S FEDERAL RESOURCES ......................:................................................. .................................. 5 • OTHER RESOURCES ....................................................:...................... ..................................5 LEVERAGING AND MATCHING FUNDS ............................................. ...............:..................6 ACTIVITIES TO BE UNDERTAKEN ........................................................................................................... ........7 HOUSING AFFORDABILI TY STRATEGIC PLAN ..........:................................................................ ........7 Objective 1: Conservation of the existing single-family and multiple-family affordable housinj; stock .................................................................. ........7 Objective 2: Improve access to affordable housing for all low-and moderate-income households, with emphasis on the production of larger (3+ bedroom) rental units .............................. ........7 Objective 3: Provide direct renter assistance to low- and moderate-income households in order to obtain or retain permanent housing ......... ........? Objective 4: Increase housing opportunities for low- and moderate-income home ownership, particularly through homebuyer assistance ...... ........8 Objective 5: . Support the rehabilitation of the existing housing stock, with _ emphasis on owner-occupied housing ......:...............:...................... .......:8 'Objective 6: Improve living conditions for low- andmoderate-income households ...............................:........................................................ ........ 9 HOMELESS STRATEGIC PLAN .......................:...........................................................:............... ........9 Objective 7: Assist homeless individuals, families, and persons with special needs, and those at-risk of homelessness ................:...................... ........9 HOMELESS ANNUAL PIAN .........................:............................................................................. ......10 NON-HOMELESS SPECIAL NEEDS STRATEGIC PLAN ................................................................. ......10 Objective 8: Support necessary rehabilitation services to special needs populations with emphasis on assisting the elderly and frail elderly ............................................................................................... ......10 Objective 9: Support service providers assisting special needs populations...:.. :.....11 NON-HOMELESS SPECIAL NEEDS ANNUAL PLAN .......................:............................................ ......11 COMMUNITY DEVELOPMENT STRATEGIC PLAN ..................................................................... ......11 Objective 10: Provide improvements to public areas and public facilities to . enhance living environments, improve the quality of life in low- and moderate-income neighborhoods, and for lower income individuals, seniors, and the handicapped ......................... ......11 Objective 11: Assist local public and non-profit service agencies that improve the quality of life for low-,and moderate-income persons and those with special needs .................................................................. ......11 Objective 12: Ensure accessibility to all public facilities and structures ............... ......13 Objective 13: The restoration and preservation of properties of social value City of Rancho Cucamonga Page i .2012-2013 Annual Action Plan -April 18, 2012 P788 for historic, architectural, and aesthetic reasons ..................................14 Objective 14: Provide the necessary planning and administrative capacity to implement the CDBG program and the consolidated plan . ..................14 Objective 15: Alleviate physical and related economic distress through the , stimulation of private investment and community revitalization in identified target neighborhoods .................................14 Objective 16: Revitalize and upgrade housing conditions; prevent and eliminate blight and blighting influences; and eliminate conditions detrimental to the public health, safety, and w e I fa re ................................................................:...................................15 OTHER ACTIONS .................................................................................................................................. ........16 ECONOMIC DEVELOPMENT ................................................................................................... ........16 AFFIRMATIVELY FURTHERING FAIR HOUSING ...................................................................... ........16 Summary of the Analysis of Impediments to Fair Housing Choice ......................... ........17 OBSTACLES TO MEETING UNDER-SERVED NEEDS ..................................................:.............. ........19 ACTIONS TO FOSTER AND MAINTAIN AFFORDABLE HOUSING ............................................ ......:.19 ACTIONS TO REMOVE BARRIERS TO AFFORDABLE HOUSING ..................................:........... .....:..19 ACTIONS TO EVALUATE AND REDUCE LEAD-BASED PAINT HAZARDS .................................. ........19 ACTIONS TO REDUCE THE NUMBER OF POVERTY LEVEL FAMILIES ...................................... ........19 ACTIONS TO DEVELOP INSTITUTIONAL STRUCTURE AND ENHANCE COORDINATION ........ ..:.....20 PUBLIC HOUSING IMPROVEMENTS ....................................................................................... ........20 MONITORING ..........................:.............................................................................................. ....:... 20 CITIZEN PARTICIPATION ..........................................................:.......................................:...........................21 HUD TABLES ...................................................................................:............................................................22 SUPPORTING MAP -LOW/MOD INCOME THRESHOLD CENSUS TRACT BLOCK GROUPS............66 APPLICATION FOR FEDERAL ASSISTANCE (HUD FORM SF-424 ............:.......................................56 CERTIFICATIONS ............................................................................................. Certifications -Page 1 Specific CDBG Certifications .............................:.:............................. Certifications -Page 3 Appendix to Certifications ............................:.....:.......::.................... Certifications -Page 5 Ciry of Rancho Cucamonga Page ii 2012-2013 Annual Ac[ion Plan-April 18, 2012 P189 Table List of Tables Pace Table 1: CDBG Program Funding .............................................................................................................. .....3 Table 2: CDBG Activity Funding ...............................................................................................................: .....4 Table 3: RDA 20 Percent Housing Set-Aside Funding .............................................:................................. .....6 Table 4: Homeless and Special Needs Populations (HUD Table lA) :........................................................ ...22 Table 5: Special Needs (Non-Homeless) Populations (HUD Table 1B) ..................................................... ...23 Table 6: Outcome/Objective Codes .......................................................................................:.................. ...23 Table 7: Summary of Specific Housing/Community Development Objectives (HUD Table lA/1B Continuation Sheet) .................................................................................................................................. ...23 Table 8: Summary of Specific Objectives (HUD Table 1C) -Affordable Housing ..................................... ...24 Table 9: Summary of Specific Objectives (HUD Table 1C) -Priority Homeless Needs ............................. ...25 Table 10: Summary of Specific Objectives (HUD Table 1C) -Priority Non-Homeless Special Needs....... ...25 Table 11: Summary of Specific Objectives (HUD Table 1C) -Non-Housing Community Development Needs ................................................................................................:`..:.................................................... ...25 Table 12: Priority Housing Needs/Investment Plan Table (HUD,Table 2A) .............................................. ...28 Table 13: Priority Community Development Needs (HUD Table 2B) .................:..................:............:..... ...31 Table 14: Summary of Specific Housing/Community Development Objectives (HUD Table 2A/2B Continuation Sheet ......................................................................................:............................................ ...32 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C) ...........................................:.................. ...34 List of Fieures Figure ~ Pa¢e Figure 1: Low/Mod Income Threshold Census Tract Block Groups .....:.........................:.............................SS City of Rancho Cucamonga ~ Page iii 2012-2013 Annual Action Plan-Apri118, 2012 P190 EXECUTIVE SUMMARY PURPOSE OF THE CONSOLIDATED PLAN Rancho Cucamonga's Consolidated Plan identifies the City's overall housing and community development needs and outlines a strategy to address them. The primary purpose of the Consolidated Plan is to match resources provided from the U.S. Department of Housing and Urban Development ("HUD") through the. Community Development Block Grant ("CDBG") program with the City's identified needs and strategies. The Consolidated Plan then provides a centralized analysis of the City's community needs coupled with a 5-year strategy to address these identified needs. The current Consolidated Plan covers the period from July 1, 2010 to June 30, 2015. SUMMARY OF THE CONSOLIDATED PLAN STRATEGY The Strategic Plan is a key component of the Consolidated Plan in that it combines an inventory of resources available to meet the City's housing and community development needs, with long-range measurable goals. The 1-yearAnnual Action Plan, an annual component of the Consolidated Plan, outlines specifictargets and identifies available resources that will be committed to various programs for implementation during the upcoming program year. The followingobjedivesidentifyastrategiclistingofprioritiesforbothhousingand community development activities. Each set of priorities was developed in response to specific issues identified in the Consolidated Plan's Needs Assessment. HOUSING AFFORDABILITY STRATEGIC PLAN Objective 1: Conservation of the existing single-family and multiple-family affordable housing stock. Policy 1.1: Support the acquisition of existing multi-family units to be held for future affordable housing stock. Policy 1.2:. Support the acquisition and rehabilitation of existing single family homes. Objective 2: Improve access to affordable housing for all low- and moderate-income households, with emphasis on the production of larger (3+ bedroom) rental units. Policy 2.1: Support the construction of affordable (multi-family) units. Policy 2.2: Support the construction ofsingle-family infilldevelopment inlow-and moderate-income neighborhoods. Objective 3: Provide direct renter assistance to low- and moderate-income households in order to obtain or retain permanent housing. Policy 3.1: Support the Housing Authority of San Bernardino County Section 8 Voucher and public housing assistance programs. Policy 3.2: Participate in the HOME Consortium Tenant-Based Rental Assistance program. Objective 4: Increase housing opportunities for low- and moderate-income home ownership, particularly through homebuyer assistance. Policy 4.1: Administer a City sponsored First Time Homebuyer Program. Policy 4.2: Participate in the HOME Consortium Homeownership Assistance Program. Policy 4.3: Assist the NHDC First Time Homebuyer Program. Objective 5: Support the rehabilitation of the existing housing stock, with emphasis on owner- occupied housing. City of Rancho Cucamonga Page 1 2012-2013 Annual Anion Plan -April lg, 2012 P191 Policy 5.1: Provide moderate rehabilitation of owner occupied, single-family and mobile homes for extremely low-, low-,and moderate-income homeowners. Policy 5.2: Provide sewer connections to owner occupied, single-family, extremely low-, low-, and moderate-income homeowners in the southwest Rancho Cucamonga area. Policy 5.3: Participate in the HOME Consortium.Affordable Housing Development Loan Program. Obiective 6: Improve living conditions for low- and moderate-income households. Policy 6.1: Support programs of the Housing Authority of the County of San Bernardino to improve living conditions for public housing residents. HOMELESS STRATEGIC PLAN Obiective 7: Assist homeless individuals, families, persons with special .needs, and those at-risk of homelessness. Policy 7.1: Support local homeless facilities and services. NON-HOMELESS SPECIAL NEEDS STRATEGIC PLAN Obiective 8: Support necessary rehabilitation services to special needs populations with emphasis on assisting the elderly and frail elderly. Policy8.1: Provideminorandemergencyrehabilitationservicestoeligiblehouseholdswithemphasis on assisting low- and moderate-income seniors. Obiective 9: Support service providers assisting special needs populations. Policy 9.1: Support special needs services in areas where there are significant under-served needs. COMMUNITY DEVELOPMENT STRATEGIC PLAN Objective l0: Provide improvements to public areas and publicfacilitiestoenhancelivingenvironments, improve the quality of life in low- and moderate-income neighborhoods, and for lower income individuals, seniors, and the handicapped. Policy 10.1: Support infrastructure and sidewalk improvements in qualified target areas. Objective 31: Assist local public and non-profit service agencies that improve the quality of life for low- and moderate-income persons and those with special needs. Policy 11.1: .Support public service agencies that assist groups'iri the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Obiective 12: Ensure accessibility to all public facilities and structures. Policy 12.1: Support the installation of handicap wheelchair ramps at all curb returns. Obiective 13: The restoration and preservation of properties of social value for historic, architectural, and aesthetic reasons. Policy 13.1: Support the rehabilitation of significant historic structures, with primary emphasis on residential assistance. Objective 14: Provide the necessary planning and administrative capacity to implement the CDBG program and the provisions of the Consolidated Plan. Ciry of Rancho Cucamonga ~ ~ - Page 2 2012-2013 Annual Ac[ion Plan -April 18, 2012 P792 Policy 14.1: Provide for.the necessary planning and administrative activities of the CDBG program. Objective 15: Alleviate physical and related economic distress through the stimulation of private investment and community revitalization in identified target neighborhoods. Policy 15.1: Support housing and Community Development activities. that stimulate economic development. Objective 16: Revitalize and upgrade housing conditions, prevent and eliminate blight and blighting influences, and eliminate conditions detrimental to the public health, safety, and welfare. Policy 16.1: Support improvements to residential energy efficiency, lead-based paint hazard reduction, and code enforcement through the City's Home Improvement Program. Policy 16.2: Support the City's Graffiti Removal Program operating in qualified target areas. Policy 16.3: Support the City's Code Enforcement Program operating in qualified target areas. PURPOSE OF THE ANNUAL ACTION PLAN The 1-year Annual Action Plan identifies specific projects consistent with the Consolidated Plan 6-year. strategy listing the projects, programs, and resources that will be utilized during the 2012-2013 program year. This Annual Action Plan covers the period from July 1, 2012 to June 30, 2013. During the 2012-2013 program year, the City of Rancho Cucamonga anticipates receiving $804,436 in federal funds amounting to a 12.4 percent funding decrease from the 2011 program year: Table 1: CDBG Program Fundin¢ Program 2012-2013 Program Year Community Development Block Grant (CDBG) program $804,436.00 Anticipated CDBG Program Income $0.00 Available CDBG Contingency (Roll Over from Prior Year) $130,132.48 Total $934,568.48 Source: Rancho Cucamonga Planning Department PROPOSED CDBG ACTIVITY FUNDING The following table identifies the total recommended allocation of CDBG resources and specific recommended allocations for housing and communitydevelopment projects and programs. City of Rancho Cucamonga Page 3 2012-2013 Annual Action Plan -April 18, 2012 P193 Table 2: CDBG Project Consolidated Plan Prior Year/ FV 2010/2011 Total Funtli Objective /Policy Reprogram / Allocation Available Administration Upitarlmprovement ProjeuYs E[iwanda Railway Station Objective 13 /Policy 13.1 $130,132.38 $0.00 $130,132.48 Rancho Cucamonga PWSD'-Sidewalk Grinding Objective SO /Policy 10.1 $0.00 $22,850.00 ~ $22,850.00 Rancho Cucamonga PWSD-Wheelchair Ramps Objective l2/Policy 12.1 .$0.00 $22,850.00 $22,850.00 Subtotal $130,132.38 $45,700.00 $175,632.48 Homelmorovemen[ Proeram Home Improvement Program Objective 5 /Policy 5.1 $0.00 $470,056.00 $470,056.00 Steelworkers Oldtimers Foundation - HMP Objective 8 /Policy 8.1 $0.00 $7,200.00 $7,200.00 Subtotal $0.00 $477,256.00 $477,256.00 Public Services Lamp Fire USA Objective 11 /Policy 11.1 $0.00 $5,700.00 $5,700.00 Foothill Family Shelter Objective 7 /Policy 7.1 $0.00 $3,500.00 $3,500.00 House of Ruth Objective 7 /Policy 7.1 & Objective ll/Policy 11.1 $0.00 $5,500.00 ' $5,500.00 IFHMB-Fair Housing ~ Objective ll/Polity 11.1 $0.00 $8,800.00 $8,800.00 IFHMB-Landlord/Tenant Objective ll/Polity 11.1 $0.00 $7,300.00 $7,300.00 Inland Valley Hope Partners-SOVA - Objective 7/Policy 7.1& Objective 11 /Policy 11.1 $0.00 $5,000.00 $5,000.00 National CORE- Hope Through Housing Foundation Objective 11 /Policy 11.1 $0.00 $3,600.00 $3,600.00 Project Sister Family Services Objective ll/Policy 11.1 $0.00 ~ $6,900.00 $6,900.00 Rancho Cucamonga CMO'-Northtown/CASA Objective 11 /Polity 11.1 $0.00 $7,000.00 $7,000.00 Rancho Cucamonga CSD'-Northtown Collaborative Objective 11 /Policy 11.1 $0.00 $8,800.00 $8,800.00 . Rancho Cucamonga CSD-Senior Services Objective9/Policy 9.1 $0.00 $10,400.00 $10,400.00 Rancho Cucamonga CSD-Senior Transportation Objective 11 /Policy 11.1 $0.00 $15,400.00 $15,400.00 Rancho Cucamonga Public Library-Back TO Basics Objective 11 /Policy 11.1 - $0.00 $7,500.00 $7,500.00 Rancho Cucamonga PWSD-Graffiti Removal Objective 16 /Polity 16.2 $0.00 $16,800.OD $16,800.00 Steelworkers Oldtimers Foundation-Senior Nutrition Objective ll/Polity 11.1 $0.00 $8,400.00 ,$8,400.00 Subtotal 50.00 ~ $120,600.00 $120,600.00 - TOTAL $130,132.48 $804,436.00 $934,568.48 1. Rancho Cucamonga Public Works Services Department. , 2. Rancho Cucamonga City Manager's Office. 3. Rancho.Cucamonga Community Services Department. EVALUATION OF PAST PERFORMANCE Rancho Cucamonga's CDBG program performs consistent with HUD's overall goal, which is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities principally for low and moderate income persons (24 CFR Part91). As part of HUD's vision forcommunities, Rancho Cucamonga continuesto develop and strengthen public/private partnerships among all levels of government and the private sector; with activity in the private sector focusing primarily on non-profit organizations. This approach has led to collectively addressing both neighborhood and community related issues. Overall, Rancho Cucamonga utilizes CDBG resources effectively in the assistance of low- and moderate- income residents of the community. City of Rancho Cucamonga ~ Page 4 2012-2013 Annual Action Plan-April 18, 2012 P794 INTRODUCTION The Annual Action Plan provides a plan of investment and an outline of activities expected to be undertaken during the 2012-2013 program year. The report identifies local objectives and priority needs identified to implement the primary objective of the Community Development Block Grant ("CDBG") program, which is the development ofviable urban communities by providingdecent housing, suitable livingenvironment,and expanded economic opportunities, principally for persons of low- and moderate-income.. RESOURCES AVAILABLE FEDERAL RESOURCES Community Development Block Grant Federal funds available to the City are allocated through HUD's CDBG program. During the 2012-2013 program year, HUD estimates that the City will receive an entitlement allocation of $804,436, based on. 12.4 percent reduction in federal CDBG program funding; this amount is $114,1771ess than the fundingfor fiscal year 2011-2012. Additionally, the City will receive $130,132.48 CDBG funds rolled over from prior years for a total of $934,568.48 available for the City's CDBG program. San Bernardino County Housing Authority The San Bernardino County Housing Authority serves as the local housing authority for the region..The Agency currently operates 138 Section 8 housing units and 12 public housing units located within the City. Sources of funds available to City residents through the Housing Authority are primarily limited to Section 8, Comprehensive Grant Improvement, and the Public Housing programs. County of San Bernardino Department of Community Development and Housing The County of San Bernardino Department of Community Development and Housing ("CDH") receives federal HOME Investment Partnerships Program ("HOME") funds to implement the San Bernardino County HOME Consortium, which the Cityjoined iri July 1995. In July 1996, the City approved a 3-year extension to the Cooperation Agreement for the period from October 1, 1996, to September 30, 1999. The City then approved a series of subsequent 3-year extensions to the Cooperation Agreement for the periods ending September 30, 2002, September 30, 2005, September 30, 2008, and September 30, 2011. On April 20, 2011, the City Council approved a proposed extension to the HOME Cooperation Agreement that will run for an additional 3-year period from October 1, 2011, to September 30, 2014. The County operates two programs through the HOME Consortium that include the HOME Homeownership Assistance Program ("HAP") and the Affordable Housing Development Loan ("AHDL") program. HUD estimates County's allocation for the HOME program to be $2,324,502. OTHER RESOURCES Successor Agency to the City of Rancho Cucamonga Redevelopment Agency State law previously required redevelopment agencies to set aside at least 20 percent of tax increment revenue for increasing and improving the community's supply of low- and moderate-income housing. Between July 1, 2008, and June 30, 2013, approximately $79.8 million was be generated by tax increment for affordable housing. On December 29, 2011, the California Supreme Court ruled in the redevelopment litigation (CRA v. Matosantos) upholding AB Xl 26, abolishing redevelopment agencies, but also striking down companion legislation that would have allowed agencies to survive if they contribute money to the State. As part of the Supreme Court's ruling, agencies were dissolved on February 1, 2012. This means that many of the programs and services provided by the Rancho Cucamonga Redevelopment Agency to residents and City of Rancho Cucamonga ~ Page 5 2012-2013 Annual Action Plan-Apri118, 2012 P795 businesses will no longer be available. Once dissolved, redevelopment agencies (through a designated successor agency) will only be able to make payments on existing obligations. Table 3: RDA 20 Percent Housing Set-Aside Funding Fiscal Year Taz Increment Revenue 2008-2009 ~ $19,834,227 2009-2010 $20,000,000 2010-2011 $20,000,000 2011-2012 $20,000,000 Total $79,834,227 Source: ROA In July 1996, the RDA approved the sale of tax allocation bonds to provide permanent financing for two community based .non-profit organizations, National Community Renaissance ("National CORE") and Northtown Housing Development Corporation ("NHDC"). On September 1,1996, Tax Allocation Bonds in the amount of $37.66 million were sold. Proceeds of the bonds will be allocated in the following manner: A pledge agreement through the year 2025 was signed with National CORE where $3.9 million will be provided annually for debt services and project reserves. Beginning year 6, if the provision of Redevelopment Law that allows for the acquisition of existing units with Housing Set-Aside funds has been extended beyond its current sunset, this $790,000 of the annual pledge will be deposited into a "Future Project Reserves" fund for use in acquiring additional apartment complexes within the Project Area. If a program is not developed, the funds will be available for any RDA housing program. A pledge agreement through the year 2025 was signed with NHDC where $1.5 million was paid to NHDC on June 30, 1996, and again on December 30, 1996. An additional $S million in het bond proceeds were also paid to the NHDC. These bond proceeds will be used to complete a portion of the capital improvement plan for the Northtown neighborhood that includes continuing the development of infill housing on vacant lots, acquisition, and rehabilitation of existing absentee-owned housing. The annual pledge amount will be $1.4 million through the year 2025. LEVERAGING AND MATCHING FUNDS Previously, the primary source of fund leveraging occurred through the use of RDA 20 Percent Set-Aside funds in public/private partnerships with non-profit housing development corporations such as National CORE and the NHDC. Other potential sources for leveraging include HOME funds and Low-Income Housing Tax Credits. The continued availability of Set-Aside funds is in question due to the elimination of Redevelopment Agencies. City of Rancho Cucamonga Page 6 2012-2013 Annual Action Plan -April 1g, 2012 P196 ACTIVITIES TO BE UNDERTAKEN HOUSING AFFORDABILITY STRATEGIC PLAN Objective 1: Conservation of the existing single-family and multiple-family affordable housing stock. Policy 1.1: Support the acquisition of existing multi-family units to be held for future affordable housing stock. Activity 1.1.1: This activity includes the acquisition of restricted, and previously unrestricted, at-risk units. Individual property owners, with pledge assistance from the RDA 20 Percent Set-Aside funds, obtain replacement financing for existing apartment complexes within the City. Each individual property owner manages their complex, and the RDA monitors the affordability covenants checking quarterly to ensure units are rented according to the agreement and the occupants comply with established income categories. Lead Agency: Successor Agency to the City of Rancho Cucamonga RDA. Geographic location: Activities will primarily occur in the Redevelopment area; however, units may be acquired citywide. Resources: To date the RDA has acquired 1,641 affordable rental units that were funded using federal, state, or local incentives. The RDA acquired existing unrestricted units and added income restrictions to all or a portion of the units. The RDA has entered into public/private partnerships with various non-profit housing developers (e.g., National CORE and NHDC) to purchase and restrict units as affordable forat leasta 30-year period. Accomplishments and Time Frame: No additional units are planned for acquisition; however, during the 2012 program year the Successor Agency will maintain the affordability covenants on these existing 1,641 units. The continued future of this activity is not clear due to the elimination of RDA's. Objective 2: Improve access to affordable housing for all low-and moderate-income households, with emphasis on the production of larger (3+ bedroom) rental units. Policy 2.1: Support the construction of affordable (multi-family) units. Activity 2.1.1: To increase the availability of affordable rental stock, the RDA, in conjunction with local non-profit development agencies, will pursue the new construction of affordable units in its existing target area. Activity emphasis is on the construction of units available to large families. Lead Agency: RDA and NHDC. Geographic Location: Activities are focused in the RDA project area, but may occur citywide. Resources: Private financing, Low-Income Tax Credits, and RDA 20 Percent Set-Aside funds. Accomplishments and Time Frame: No additional units are plariried for the 2012-2013 program year. The continued future of this activity is not clear due to the elimination of RDA's. Objective 3: Provide direct renter assistance to low- and moderate-income households in order to obtain or retain permanent housing. Policy 3.1: Support the Housing Authority of San Bernardino County Section 8 Voucher and public housing assistance programs. Activity 3.1.1: The City will continue to support the Housing Authority of San Bernardino County("HACSB") programs for Section 8 Vouchers and public housing assistance. The HACSB currently manages 7,557 Section 8 vouchers for participants renting from private landlords; within the City of Rancho Cucamonga ~ Page 7 2012-2013 Annual Action Plan-April 18, 2012 P197 City there are 138 Section 8 units serving 255 people. The HACSB also manages 1,661 public housing units in 21 cities and communities; within the Citythere are 12 public housing units serving 53 people. Lead Agency: Housing Authority of the County of San Bernardino. Geographic Location: These programs are available citywide. Resources: Federal housing funds. Accomplishments and Time Frame: Annually support 16 public housing units and 170 Section 8 applications. Objective 4: Increase housing opportunities for low- and moderate-income home ownership, particularly through homebuyer assistance. Policy 4.2: Participate in the HOME Consortium Homeownership Assistance Program. Activity 4.2.1: The Homeownership Assistance Program ("HAP") serves households earning 80 percent or less ofthe AMI. Applicants must have lived or worked in San Bernardino County forat least one year and not currently own their own home, and the acquired property will be the applicant's principle place of residence. The applicant must be able to contribute at least 3 percent of the purchase price, qualify for private first mortgage financing, and make monthly payments on the first mortgage. HAP provides single-family homeownership opportunities through fund closing costs, down payments, and gap financing. HOME assistance is provided under a deferred loan (silent second), secured by a Deed of Trust. Lead Agency: County of San Bernardino CDH, HOME Consortium. Geographic Location: This program is available to eligible residents citywide Resources: HOME funds are available through the City's participation in the County HOME Consortium. Applications are accepted from participating lenders on behalf ofeligible prospective buyerson a first-come first-served basis. CDH is estimating an allocation of approximately $200,000 to support this activity. Accomplishments and Time Frame: This activity is targeted towards income eligible applicants, not by location, so no known units are proposed for assistance during the 2012-2013 program year. The City will work with the HOME Consortium to publicize the availability of this program within Rancho Cucamonga. Objective 5: Support the rehabilitation of the existing housing stock, with emphasis on owner- .. ;occupied housing. Policy 5.1: Provide moderate rehabilitation of owner occupied, single-family and mobile homes for extremely low-, low-,and moderate-income homeowners. Activity 5.1.1: The City has an existing moderate rehabilitation Home Improvement Program available to eligible owner-occupied households, those earning less than 80 percent of the AMI. The program offers deferred payment loans of up to $30,000 and grants of up to $7,500, including emergency repair grants. The City runs this as.a full service program and not only lends the money, but secures contractors, oversees the work, and maintains administration of the grants and loans rather than farming this work out to the bank or homeowner. While this method requires additional staff time, it is done to provide a high level of customer service and ensure both consistent and efficient results. Lead Agency: Rancho Cucamonga Planning Department. Geographic Location: This program is available to eligible residents citywide. Resources: CDBG funds: $470,056. City ofRancho Cucamonga - PageB 2012-2013 Annual Action Plan -April 18, 2012 P198 Accomplishments and Time Frame: By June 30, 2013, assist 40 households. Policy 5.3: Participate in the HOME Consortium Affordable Housing Development Loan Program. Activity 5.3.1: The Affordable Housing Development Loan ("AHDL") program provides financial assistance . in the form of gap financing to qualified individuals, for-profit entities, and non-profits for the purpose of new construction, acquisition, and/or rehabilitation of affordable housing. Any rental housing developed with the assistance of HOME funds must benefit very low- income households at 50 percent or less of the AMI and low-income households at 80 percent or less of the AMI. Lead Agency: County of San Bernardino CDH, HOME Consortium. Geographic Location: This program is available to eligible residents citywide. Resources: HOME funds are available on afirst-come first-serve basis through the City's participation in the County HOME Consortium.. CDH is estimating an allocation of approximately $1,892,052 to support this activity. Accomplishments and Time Frame: This activity is targeted towards income eligible applicants, not by location; so no known units are proposed for assistance during the 2012-2013 program year. The City will work with the HOME Consortium to publicize the availability of this program within Rancho Cucamonga. Objective 6: Improve living conditions for low- and moderate-income households. Policy 6.1: Support programs of the Housing Authority of the County of San Bernardino to improve living conditions for public housing residents. Activity 6.1.1: The City will continue to support the Housing Authority of San Bernardino County("HACSB") programs for public housing assistance. The HACSB manages 1661 public housing units in 21 cities and communities; within the City there are 12 public housing units serving 53 people. When requested by the HACSB, the City will certify consistency with their Consolidated Plan. Lead Agency: Housing Authority of the County of San Bernardino. Geographic Location: This program will benefit residents citywide. Resources: Federal housing funds. Accomplishments and Time Frame: Through June 30, 2013, maintain assistance to 12 public housing units serving 53 persons. HOMELESS STRATEGIC PLAN Objective 7: .Assist homeless individuals, families, and persons with special needs, and those at-risk of homelessness. Policy 7.1: Support of local homeless facilities and services. Activity 7.1.1: The City supports a variety of organizations that provide immediate assistance, advocacy, and short-term shelter to homeless individuals and families. The City will continue to address priority needs, and will continue to evaluate the provision of transitional shelter assistance. These agencies include: • Foothill Family Shelter: Foothill Family Shelter operates a 90-day transitional shelter for homeless families with children. Support services are provided to enable families to obtain independence and permanent housing. They are located at 1501 West Ninth Street, Suite D, and at 230, 238, and 294 North San Antonio Avenue, Upland, CA 91786. City of Rancho Cucamonga _ ~ Page 9 2012-2013 Annual Action Plan -April 18, 2012 P199 • House of Ruth: House of Ruth provides shelter, programs, education, and opportunities for safe, self- sufficient, healthy living for battered women and their children who are at-risk of homelessness. Services provided include 24-hour emergency safe shelter for up to 30 days, 24-hour crisis intervention hotline, 24-hour emergency transportation, outreach offices, and children programs. House of Ruth is located in Claremont, at P.O. Box 457, Claremont, CA 91711. • Inland Valley Hope Partners- Food Security Program (BONA): SOVA offers a 5-day food supply (15 meals) for all members of a household. SOVA helps families maintain their health and avoid homelessness by providing emergency food assistance and support services. The IVHP offers the SOVA Program from offices located at 635 South Taylor Avenue, Ontario, CA 91761. Lead Agency: Rancho Cucamonga Planning Department. Geographic Location: The benefits of this program occur citywide. Resources: CDBG funds: Subrecipient ~ ~ CDBG Funding Foothill Family Shelter $3,500 House of Ruth $5,500 Inland Valley Hope Partners $5,000 Accomplishments and Time Frame: By June 30, 2013, assist the following: Subrecipient Accomplishment Goal Foothill family Shelter 4 House of Ruth 750 Inland Valley Hope Partners 1,100 HOMELESS ANNUAL PLAN The City's goal is to develop a comprehensive homeless assistance plan that provides a continuum of care with the purpose of ultimately assisting individuals in obtaining and retaining permanent housing. As the first priority in the plan, the City intends to continue funding those agencies that are able to provide the first line of defense in providing outreach and advocacyin assisting individuals and families who are homeless or at-risk of homelessness. These activities include the support of emergency shelter, shelter vouchers, food distribution, advocacy, and referral services. The City will continue to-fund landlord/tenant activities as a means ofassistingthose who are at-risk of homelessness in keepingtheir homes. Additional assistance will be encouraged for those agencies that provide longer-term transitional shelter and assist in the transition to permanent housing opportunities. - NON-HOMELESS SPECIAL NEEDS STRATEGIC PLAN Objective 8: Support necessary rehabilitation services to special needs populations with emphasis on assisting the elderly and frail elderly. Policy 8.1: Provide minor and emergency rehabilitation services to eligible households with emphasis on assistance to low- and moderate-income seniors. Activity 8.1.1: This program will complement the City's Home Improvement Program by providing minor rehabilitation and emergency assistance to low- and moderate-income residents and senior citizen households whose income falls below 80 percent of the AMI. Permitted home repairs include minor plumbing, electrical, carpentry, and roof repairs. Residents who are owner occupants are eligible to receive two visits, up to $300 per visit, and in emergencies, the allowance of a one-time material charge for up to $500. The Oldtimers Foundation is located at 8572 Sierra Avenue, Fontana, CA 92335. City of Rancho Cucamonga Page SO 2012-2013 Annual Action Plan -April 18, 2012 P200 Lead Agency: Rancho Cucamonga Planning Department. Geographic Location: This program is available to eligible residents citywide. Resources: CDBG funds: $7,200. Accomplishments and Time Frame: By June 30, 2013, Oldtimers Foundation will assist 60 low- and moderate-income households. Obiedive 9: Support service providers assisting special needs populations. Policy 9.1: Support special need services in areas where there are significant under-served needs. Activity 9.1.1: Develop and enhance senior citizen classes and activities in the focus areas of physical fitness, recreational and educational development, mental health, and emotional well- . being. Lead Agency: Rancho Cucamonga Community Services Department. Geographic Location: Rancho Cucamonga Senior Center, 11200 Base Line Road. Resources: CDBG funds: $10,400. Accomplishments and Time Frame: By June 30, 2013, to have assisted 1,800 persons through. these activities. NON-HOMELESS SPECIAL NEEDS ANNUAL PLAN ,Objectives 8 and 9, as stated above, identify actions the City intends to take over the next program year to address the needs of persons who are not homeless, but have special needs. COMMUNITY DEVELOPMENT STRATEGIC PLAN Obiective30: Provide improvements to public areas and public facilities to enhance living environments, improve the quality of life in low- and moderate-income neighborhoods, and for lower income individuals, seniors, and the handicapped. Policy 10.1: Support infrastructure and sidewalk improvements in qualified target areas. Activity 10.1.1: The City will fund the following public improvement projects: • Sidewalk Grindine and Replacement in Identified Tar¢et Neighborhoods: Involvesthegrinding, repair, or replacement of sidewalks that are displaced and/or inaccessible. Lead Agency: Rancho Cucamonga Public Works Services Department. Geographic Location: Sidewalk Grinding efforts may be carried out in all eligible neighborhoods including CT 8.12 BG.2, CT 20.04 BG 1, CT 20.05 BG 1, CT 21.00 BG's 2, 3, 4, 6, & 7, and CT 22.03 BG 1. Resources: CDBG funds: • Sidewalk Grinding: $22,850. Accomplishments and Time Frame: ByJune 30, 2013, replace approximately 3,960 square feet of sidewalk in eligible neighborhoods. Objective 11: Assist local public and non-profit service agencies that improve the quality of life for low- ' and moderate-income persons and those with special needs. Policy 11.1: Support public service agencies that assist groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. City of Rancho Cucamonga ~ Page it 2012-2013 Annual Action Plan-April 18, 2012 P201 Activity 11.1.1: The City will continue to fund public service agencies that include: • Camp Fire USA: The program provides a 5-day resident camp session to learn responsibility, develop skills, and gain confidence while building independence and self-reliance. The camp session is run at Camp Nawakwa, located in the Barton Flats recreation area of the San Bernardino Mountains. Camp Fire USA is located at 9037 Arrow Route, Suite 140, Rancho Cucamonga, CA 91730. • House of Ruth: House of Ruth provides shelter, programs, education, and opportunities for safe, self- sufficient, healthy living for battered women and their children who are at-risk of homelessness. Services provided include 24-hour emergency safe shelter (up to 30 days), 24-hour crisis intervention hotline, 24-hour emergency transportation, outreach offices, and children programs. House of Ruth is located in Claremont, at P.O. Box 457, Claremont, CA 91711. • .IFHMB-Fair Housing: Fair Housing services include education, counseling, mediation, and legal referral. Inland Fair Housing and Mediation Board ("IFHMB") is located at 10681 Foothill Boulevard, Suite 101, Rancho Cucamonga, CA 91730. • IFHMB -Landlord Tenant Mediation: Landlord/Tenant dispute mediation services are provided by IFHMB. • Inland Vallev Hooe.Partners - SOVA: SOVA offers a 5-day food supply` (15 meals) for all members of a household. SOVA helps families maintain their health and avoid homelessness by providing emergency food assistance and support services. SOVA is located at 635 South Taylor Avenue, Ontario, CA 91761. • National CORE - Hooe Through Housine Foundation: The Hope Through Housing After School and Beyond program is offered on-site at 6 affordable housing communities operated by National CORE. The. program provides after school enrichment to at-risk children and youth living at affordable housing communities with a safe, caring place to improve their grades and build relationships with positive role models. The program will focus on the residents of Monterey Village Apartments, 10244 Arrow Route, Mountainside Apartments, 9281 Foothill Boulevard; Rancho Verde Village, 8837 Grove Avenue, Sycamore Springs, 7127 Archibald Avenue, Sunset Heights, 6230 Haven Avenue, and Villaggio on Route 66, 10220 Foothill Boulevard. National CORE is located a 9065 Haven Avenue, Suite 100, Rancho Cucamonga, CA 91730. • ProiectSisterFamilv5ervices:ProjectSisterprovidessexualassaultandviolencepreventionbyworking with teens addressing date rape, sexual harassment, and personal safety awareness, and working with seniors, who are vulnerable to sexual assault, robbery, burglary, and financial exploitation. Project Sister is located at P.O. Box 1390, Claremont, CA 91711. • Rancho Cucamonea City Manasers Office -Northtown/CASA -The Cocinando Amigos Saludables y Alegres (CASA) program provides a bi-lingual healthy eating/cooking program to educate and support Latino families in the Northtown neighborhood of the City, to prepare traditional food that is healthier and more nutritious, as a strategy to prevent diabetes and obesity. The Rancho Cucamonga City Manager's Office currently coordinates the CASA program at the Northtown Community Center, located at 10071 Feron Boulevard, Rancho Cucamonga, CA 91730. • Rancho Cucamonea Community Services Department -Northtown Collaborative: The Northtown Collaborative is a community (youth and adult) prevention recreation/human services program provides essential human service programs as well as traditional recreational classes and activities. The program is conducted through a joint use agreement with the Cucamonga Middle School and NHDC. The Community Services Department is located at Rancho Cucamonga City Hall, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. • Rancho Cucamonga Community Services Department -Senior Transportation: The Silver Fox Express. program offers door-to-door para-transit service for senior citizens living in Rancho Cucamonga. The City of Rancho Cucamonga Page 12 2012-2013 Annual Action Plan-Apri118, 2012 P202 programs primary focus is to bring isolated seniors to the James L. Brulte Senior Center for the daily nutrition program and senior classes, programs, and workshops. The program also provides weekly shopping excursions and trips to local„doctors/pharmacies. The Community Services Department is located at Rancho Cucamonga City Hall, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Rancho Cucamonga Public Library- Back To Basics: The Back to Basics program trains volunteer tutors to work with 7 to 12-year old children identified by school personnel as at-risk (challenged economically. and educationally) and who are reading and writing below their grade levels. The Rancho Cucamonga Public Library has two locations, the Archibald Branch is located at 7368 Archibald Avenue, and the Biane .. ..- Library is located at 11505 Cultural Center Drive. Steelworkers Oldtimers Foundation -Senior Nutrition: The nutrition program is run from the Senior Center in which 22,500 hot meals would be provided at the RC Senior Center and 16,250 meals prepared for home delivery. Oldtimers Foundation is located at 8572 Sierra Avenue, Fontana, CA 92335. Lead Agency: Rancho Cucamonga Planning Department. Geographic Location: The benefits of this program occur citywide. Resources: CDBG funds: - Subrecipient CDBG Funding Camp Fire USA $5,700 House of Ruth- 55,500 IFHMB-Fair Housing ~ $8,800 IFHMB - Landlord/Tenant Mediation $7,300 Inland Valley Hope Partners $5,000 National CORE- Hope Through Housing Foundation ~ ~ $3,600 Project Sister Family Services $6,900 Rancho Cucamonga CMO-Northtown/CASA $7,000 Rancho Cucamonga CSD -Northtown Collaborative ~ $8,800 Rancho Cucamonga CSD-Senior Transportation $15,400 Rancho Cucamonga Public Library- Back To Basics $7,500 Steelworkers Oldtimers Foundation -Senior Nutrition $8,400 Accomplishments and Time Frame: ey June 30, 2013, assist the following: Subrecipient ~ Accomplishment Goal Camp Fire USA ~ 20 House of Ruth 750 IFHMB -Fair Housing 550 IFHMB-Landlord/Tenant Mediation 40 Inland Valley Hope Partners ~ 1,100 National CORE- Hope Through Housing Foundation ~ 100 Project Sister Family Services 950 Rancho Cucamonga CMO -Northtown/CASA 3,200 Rancho Cucamonga CSD -Northtown Collaborative 3,200 Rancho Cucamonga CSD-Senior Transportation 200 Rancho Cucamonga Library- Back To Basics 100 Steelworkers Oldtimers Foundation -Senior Nutrition 250 Obiedive 12: Ensure accessibility to all public facilities and structures. Policy 12.1: Support the installation of handicap wheelchair ramps at all curb returns. City of Rancho Cucamonga Page 13 2012-2013 Annual Action Plan -April 18, 2012 P203 Activity 12.1.1: This program involves the retrofitting of existing curbs to accommodate disabled individuals. Lead Agency: Rancho Cucamonga Public Works Services Department. ~~ Geographic Location: The benefits of this program occur citywide. Resources: CDBG funds: $22;850. Accomplishments and Time Frame: By June 30, 2013, provide approximately 2,880 square feet of curbing for handicap ramps. Obiedive 13: The restoration and preservation of properties of social value for historic, architectural, and aesthetic reasons. Policy 13.1: Support the rehabilitation of significant historic structures, with primary emphasis on residential assistance. Activity 13.1.1: The preservation and historic restoration of the Etiwanda Railway Station. The mission of this activity is to preserve the station through renovation for adaptive reuse as a museum and trailhead for the Pacific Electric Inland Trail, a 21-mile long regional trail. It is anticipated that this activity will be amulti-year program, requiring additional CDBG funds in future program years. Lead Agency: Rancho Cucamonga Planning Department. Geographic Location: The Etiwanda Railway Station is located at 7089 Etiwanda Avenue. Resources: CDBG funds: $130,132.48 (Funding includes $130,132.48 in prior year funds, no new CDBG funding is provided). Accomplishments and Time Frame: Through June 30, 2013 assist in the preparation of design studies, planning and administrative activities, and construction activitiesforthe restoration and preservation ofthis historic property. Objective 14: Provide the necessary planning and administrative capacity to implement the CDBG program and the consolidated plan. Policy 14.1: Provide for the necessary planning and administrative activities of the CDBG program. Activity 14.1.1: Includes administration of the CDBG program, the completion of program applications and performance reports, research and analysis, target area studies, historic preservation evaluations, and housing documents. Lead Agency: Rancho Cucamonga Planning Department. Geographic Location: The benefits of this program occur citywide. Resources: CDBG funds: $160,880. Accomplishments and Time Frame: ByJune 30, 2013, complete all administrative and program management oversight to ensure efficient and effective use of CDBG funds. Objective 15: Alleviate physical and related economic distress through the stimulation of private investment and community revitalization in identified target neighborhoods. Policy 15.1: Support housing and Community Development activities that stimulate economic development. Activity 15.1.1: Review and evaluation of Foothill Boulevard. Foothill Boulevard west of Haven Avenue is older with mixed uses and appears to be reaching stages of economic distress, while the City of Rancho Cucamonga Page 14 2012-2013 Annual Action Plan -April 18, 2012 P204 area east of Haven Avenue has primarily new development and vacant land. The concern is with revitalization ofthe older areas and planning land useto ensure effective and balanced growth along Foothill Boulevard. Lead Agency: Rancho Cucamonga Planning Department. Geographic Location: Approximately six miles from Grove Avenue to East Avenue. Resources: City General Fund. Accomplishments and Time Frame: On January 16, 2002, the City Council adopted the Foothill Boulevard/Historic Route 66 Visual Improvement Plan. The Visual Improvement Plan will be implemented by private development as vacant properties fronting along Foothill Boulevard develop and through public improvements where the street frontage is currently improved. The purpose of the Visual Improvement Plan is to develop a design specification plan that will set forth design concepts for the streetsca pe improvements within the public rights-of-way and entry areas along the entire length of Foothill Boulevard. The plan will help guide a balanced and unified pattern of streetscape for both public and private development. By drawing upon the existing positive improvements and developing a set of unique and unifying historic elements, this plan will ensure that Foothill Boulevard will be an exciting reflection of the historic Route 66 as well as a historic Rancho Cucamonga. A variety of improvements have been installed along Foothill Boulevard, in the vicinity of the Victoria Gardens mall; however, much of the Visual Improvement Plan has not yet been implemented. Through June 30, 2013, continue with the implementation of the Foothill Boulevard/Historic Route 66 Visual Improvement Plan as it applies to development occurring along Foothill Boulevard. Objective 16: Revitalize and upgrade housing conditions; prevent and eliminate blight and blighting influences; and eliminate conditions detrimental to the public health; safety, and welfare. Policy 16.1: Support improvementsto residential energy efficiency, lead-based paint hazard reduction, and code enforcement through the City's Home Improvement Program. Activity 16.1.1: The City currently funds a Home Improvement Program in which, through the course ofthat activity, the rehabilitation improvements mentioned previously would be completed. A separate activity will not be developed. Lead Agenty: Rancho Cucamonga Planning Department. Geographic Location: The benefits of this program occur citywide. Resources: CDBG funds. Accomplishments and Time Frame: Activity accomplishments occur through the Home Improvement Program (See Activity 5.1.1). Policy 16.2: Support the City's Graffiti Removal Program operating in qualified target areas. Activity 16.2.1: The removal of incidents of graffiti from public properties in qualified target areas. Lead Agency: Rancho Cucamonga Public Works Services Department. Geographic Location: This activity is available in all eligible target neighborhoods including CT 8.12 BG 2, CT 20.04 BG 1, CT 20.05 BG 1, CT 21.00 BG's 2, 3, 4, 6, & 7, and CT 22.03 BG 1. Resources: CDBG funds: $16,800. Accomplishments and Time Frame: By June 30, 2013, remove approximately 15,000 square feet of graffiti. Ciry of Rancho Cucamonga Page 15 2012-2013 Annual Acfion Plan -April 18, 2012 P205 OTHER ACTIONS ECONOMIC DEVELOPMENT As previously noted, on December 29, 2011, the California Supreme Court ruled in the redevelopment litigation (CRA v. Matosantos) upholding AB X126, thereby abolishing redevelopment agencies, which were subsequently dissolved on February 1, 2012. This means that many ofthe programs and services provided by the Rancho Cucamonga Redevelopment-Agency, including Economic Development activities, may no longer be available. . Prior discussions on Economic Development activities included the following The RDA Implementation Plan for 2009-2014 includes a section addressing the "Economic Development and Enhancement Programs",which the RDA has implemented to help strengthen the economic environment of the business sector within the redevelopment project area. These programs were developed to address the needs of the existing business community, attract new businesses to the City, and provide long-term employment opportunities that will strengthen the City's economic base. The RDA's economic development goals focus on job creation, improving the quality of life for residents and businesses, increasing the City's tax base, and providing opportunities for public and private partnerships, including private investment in the City. The RDA has successfully implemented a varietyof marketing and promotion strategies suggested in the Implementation Plan that have leveraged the community's attributes and established a positive. business image for Rancho Cucamonga. The RDA's marketing and promotion efforts have significantlyaffectedemployment, expansion, and the local tax base. From 1994-2001, more that 80 companies expanded and/or relocated creating more than 5,300 new jobs because of the RDA's marketing and promotion efforts. Although the City's success in economic development is not a direct result of the RDA's marketing and promotional efforts, the RDA has managed to facilitate that growth. Apart from the specifics of the Economic Development strategy, the RDA assists companies through participation in the following programs. The Inland Empire Small Business Development Center (SBDC), which offers a variety of resources to improve business operation including, business consulting, seminars and workshops, information resources, procurement assistance, environmental assistance, and a variety of other programs. AFFIRMATIVELY FURTHERING FAIR HOUSING In 1984, the City began contracting with the IFHMB to provide for the education and enforcement of state and federal housing laws for all residents who request assistance. The IFHMB provides-public education, mediation, counseling, testing, and legal referral services to promote fair housing. Having the IFHMB administer the Fair Housing Program assures that there are no impediments to fair housing choices. Fair Housing education is provided as a major component of the program with a goal of providing the knowledge of what is Fair Housing to all partners of the housing industry. Fair Housing outreach is provided through radio programming, mass media, brochures, and the IFHMBweb site (htto://www.ifhmb.com). Enforcement is provided through the process of mediation through the IFHMB, or a related enforcement agency. And finally, Fair Housing testing is used as a tool to gather evidence of discrimination. The Fair Housing program attempts to accomplish the primary objectives ofthe City's Fair Housing Impediments Analysis by providing for the education, counseling, mediation; testing, and legal referral of Fair Housing issues within the community. Ciry of Rancho Cucamonga Page 16~ 2012-2013 Annual Acfion Plan-April 18, 2012 _ P206 Summary of the Analysis of Impediments to Fair Housing Choice The City of Rancho Cucamonga adopted its most recent update the City's Analysis of Impediments to Fair Housing Choice (the "AI") on June 2, 2010. Copies of the City's AI, and other CDBG related documents, are available on the City's website (htto://www.cityofrc.us/citvhall/planning/cdba.aso). Rancho Cucamonga is a progressive community with respect to the provision of a range of housing opportunities and its proactive stance to ensure the fair treatment of people in the rental, sale, occupancy, and financing of housing. The following recommendations included in the AI and are.offered to continue advancing fair housing opportunities in Rancho Cucamonga. 1.. CHANGES TO DEVELOPMENT CODE: The California Legislature has passed new statutes to facilitate and encourage the development of housing for homeless people. The Government Code requires that jurisdictions specify at least one zone where ayear-round emergency shelter can be permitted as a by-right use. Transitional housing and permanent supportive housing must also be treated like anyother residential use in the same zone and are subject to the same regulations as other residential uses located in the same zone. The 2008-2014 Housing Element proposes to allow emergency shelters as a by-right use in the General Commercial. (GC) Zone with development and operational standards as allowed under state law. The Housing Element also proposes to permit transitional and supportive housing serving up to six clients like residential care facilities as a by-right use in all'residential zones. For larger facilities where the use operates like multiple-family projects, such. uses will be permitted where multiple-family projects are permitted. 2. REASONABLE ACCOMMODATION:ThefederalFairHousingActandCaliforniaFairEmploymentand Housing Act impose an affirmative duty on local governments to make reasonable accommodation in building codes, zoning land use regulations, and administrative practicesto afford disabled persons an equal opportunity to use and enjoy a dwelling. In 2001, the State Attorney General also issued a letter encouraging local governments to adopt a reasonable accommodation procedure. Housing Element law has also been changed to require local governments to affirmatively further fair housing for people of disabilities. Rancho Cucamonga has an active program to make its facilities, programs, and services accessible to residents. For housing projects, the City also already has the mechanisms in the municipal codes (e.g., administrative exceptions) to make reasonable accommodations. However, HCD will require more affirmative action as a prerequisite for approval of the housing element. The 2008-2014 Housing Element therefore includes a program to create a reasonable accommodation ordinance that would specify the process for obtaining a accommodation, required findings, and other procedural aspects. 3. PERMITTING PROCESSES: The City's residential growth management review system has been an effective tool for ensuring high quality development. All residential projects are required to adhere to "absolute policies" intended to ensure neighborhood compatibility, compliance with adopted plans, adequacy of public facilities and services, and protection of the public environment and public health. Moreover, each project must adhere to residential development standards and design guidelines to ensure project livability. Exemptions to the ordinance are allowed for developments involving four units or less, land divisions involving four lots or less, and government-subsidized senior citizen housing projects. Fair housing law discourages treating the approval of housing projects differently based on the intended occupants of the project. The current system gives a preference for affordable senior housing, but not for affordable family housing. To avoid a potential fair housing concern, this exemption should be either extended to affordable family housing or deleted altogether. 4. SENIOR HOUSING OVERLAY: The Senior Housing Overlay District offers incentives to encourage the development of affordable housing for seniors earning up to 80 percent of AMI. The Development Code City of Rancho Cucamonga ~ ~ Page 17 2012-2013 Annual Ac[ion Plan - April 18, 2012 P207 defines a senior household for purposes of this overlay and the incentives granted under it as a married couple in which at least one spouse is age 55 or over or an unmarried household in which all members are age 55 or over. The Development Code provides incentives such as required onsite parking, fee waivers/reductions, and a density bonus if the project complies with state density bonus law. Fair housing law discourages treating the approval of housing projects or granting of incentives differently based on the marital status of occupants. There does not appear to be a clear rationale for why marital status should be a distinguishing factor in why a senior development project should qualify for incentives. The state density bonus law provides for such incentives, and marital status is not apre-qualification. To avoid a potential fair housing concern, the City may wish to eliminate the clause related to marital status so as not to constrain housing choices for seniors. 5. TRANSIT SERVICE: Accessibility to public transit is a factor in housing choice for many households, especially lower income and senior households that may have limited or no access to a personal vehicle. For these households, access to public transit can be critical for employment and necessities such as grocery shopping, health care, and other routine activities of daily life. Transit agencies that receive federal funds must demonstrate that no persons are subject to discrimination in the level and quality of transportation services and/ortransit-related benefits based on protected status. Omnitrans has developed a grid service network with routes spaced at one-mile intervals, resulting in generally equitable transit service coverage, with most urban areas of the San Bernardino Valley within Y: mile of a transit route. Americans with Disabilities Act ("ADA") complementary para-transit service is provided within '/, mile of a scheduled regular transit route in accordance with federal regulations. Residential areas north of the I-210 and several employment centers south of Arrow Route need additional transit coverage. The City should work with Omnitrans to incorporate these route adjustments as part of their 2014 update to the short-range transportation plan. 6. FAIR HOUSING COMPLAINTS: Historically, the primary reason for housing discrimination complaints were race and ethnicity of the tenant. Beginning in the mid 2000's, the trend shifted to disability. This trend is not due to increased levels of discrimination but instead on a series.of court decisions and expanded application to everyday life. For instance, new court decisions have made it clear that housing providers must be significantly more proactive in making reasonable accommodations to people with a disability. As society acquires a greater understanding of the subtleties of personal and societal bias, either through court decisions or personal experience, notions of what "discrimination and fair housing" is will change. To keep up with the latest trends, the City should work with the IFHMB to adjust its public education programs, as needed, to focus on issues affecting people with disabilities. It is unclear whether this will be a new initiative or a redirecting of current resources. 7. FAIR LENDING PRACTICES: Fair housing concerns tend to arise when similarly situated applicants have different lending outcomes. Home Mortgage Disclosure Act (HMDA) data show the lowest loan origination rates among low income buyers (with the exception of Hispanics) butthe highest loan origination rates were for middle-income applicants. Black and Hispanics typically have the lowest loan origination rates as in past years, even after controlling for differences in household income. Whereas none of these statistics can prove equal opportunity or discrimination, they do provide an indication of characteristics and trends that may suggest further study, testing, or targeting of local government programs. 8: HATE CRIMES: Hate crimes are violent acts committed against people, property, or organizations motivated by the group to which they belong to or identify with. According to the Uniform Crime Reports published by the FBI, there have been no reported hate crimes in Rancho Cucamonga in many years-an unexpected finding given the sheer size of the community. San Bernardino County Sheriff staff confirmed this finding, but also noted that hate crimes are sometimes not reported to them or, if they are, they could be inadvertently reported under broader categories of crimes. This same type of problem exists in many City of Rancho Cucamonga Page IS 2012-2013 Annual Action Plan-April 18, 2012 P208 cities today. Therefore, the AI recommends that City staff work with the San Bernardino County Sheriff Department to examine and verify that recordkeeping is adequate in this regard. 9. SCHOOL VIOLENCE: Rancho Cucamonga isknownforitssafeandhighperformingschools. In recent years, schools across the country have experienced rising levels of violence that has become of considerable concern to parents. Violence at school is no longer confined to inner cities but is widespread, affecting communities of every size, location, and demographic. In response to an epidemic of harassment, violence, and suicides at schools, the California Legislature passed laws to prohibit harassment at public schools. Although Rancho Cucamonga schools are safer than most, still more than one in five students report being harassed every yea r due to their religion, disability, race/ethnicity, or other protected class. This AI therefore recommends that the City work with the Police Department to help augment school resource officer program, develop model programs (e.g., Building Bridges Program developed bythe Orange County Human Relations Commission), or pursue other innovative efforts. S0. RECORDKEEPING: Local governments are required under fair housing law to keep and maintain appropriate records so that fair housing issues can be identified and effectively addressed through appropriate interventions. During the course of this study, additional data was needed to diagnose potential concerns (e.g.,-hate crimes, types of complaints to IFHMB, etc.). In several cases, the data was not available to make a definite conclusion as to whether a program intervention was needed. Although the costs of data acquisition and maintenance can be very high, the City should look into modifying contracts with their service agencies to ensure that the appropriate type and level of detail in data are readily available. OBSTACLES TO MEETING UNDER-SERVED NEEDS The primary obstacle identified toward meeting under-served needs is a lack of available resources..This obstacle is and will continue to bean issue. The best way to address this matter is to combine efforts and resources and tap new funding sources. The City is striving to form public/private partnerships as well as seeking out new sources of funding, such as HOME funds to better leverage available funding. ACTIONS TO FOSTER AND MAINTAIN AFFORDABLE HOUSING "' A majority of the objectives and actions identified as part of this Annual Action Plan are specifically aimed at increasing and maintainingthe City's existing affordable housing stock. Activities such as new construction, conservation of at-risk units, and preservation of existing units are all striving to increase the affordable housing stock. ACTIONS TO REMOVE BARRIERS TO AFFORDABLE HOUSING There were no significant barriers to affordable housing identified that would need to be revised or amended. All regulations and policies currently in-place are necessary in orderto maintain the public health, safety, and welfare. ACTIONS TO EVALUATE AND REDUCE LEAD-BASED PAINT HAZARDS In conjunction with the Home Improvement Program, the City will continue to implement federal requirements concerning lead-based paint reductions. HUD requires that for any program utilizing CDBG funds, all owners, and/or tenants be notified in writing about the dangers of lead-based paint. Units constructed prior to 1978, which are occupied by children underthe age of seven, are inspected for defective paint surfaces. If a child residing in the home has an elevated blood lead level, then defective chewable surfaces will be treated and lead abated. It is also recommended that housing rehabilitation efforts carried out by the RDA also follow the same guidelines. ACTIONS TO REDUCE THE NUMBER OF POVERTY LEVEL FAMILIES The City has relatively little control over the many factors that may affect the determination of an individual's income level. The primary activity that may be utilized by the City is the support of public service agencies City of Rancho Cucamonga ~ Page.19 2012-2013 Annual Action Plan-April 18; 2012 - - P209 that incorporate job training and life development skills into their programs;.which.Includes;mosf of the agencies currently receiving CDBG funding. The activities funded by the City, particularly those related to non-housing community development, act indirectly to increase economic development in the City. The City, through its CDBG contract activities, complies with Section 3 requirements encouraging the employment of local low-income individuals. From a housing perspective, all of the priorities, objectives, and programs aimed at increasing affordable housing also increase the stock of housing available to those in the lowest income categories. ACTIONS TO DEVELOP INSTITUTIONAL STRUCTURE AND ENHANCE COORDINATION The Consolidated Plan evaluated gaps in the institutional structure and actions that might be taken to strengthen the system. It was determined that one main action that can betaken toward this is increasing expertise of staff and City Council, which in turn will increase the CDBG program efficiency and effectiveness: Increased contact and coordination among City departments will also contribute to the CDBG program's effectiveness. The City will continue to encourage direct contact between itself and the Public Housing Agency and other service providers operating in the region. Most of the coordination efforts in the west end are tied to funding resources and the type of service provided. PUBLIC HOUSING IMPROVEMENTS Each year the CityreviewstheAnnualComprehensiveGrantapplicationsubmittedbytheHousingAuthority whereby the City must certify consistency ofthe activities with the goals and objectives of the Consolidated Plan. MONITORING Monitoring serves as an effective tool to ensure that federal funds are spent in a manner consistent with the CDBG National Objectives and that the programs and. projects are achieving stated goals. The following . outlines basic monitoring requirements that are followed in the implementation of the CDBG program. Standards Utilized for Review: • Is the program meeting intended objectives? • Is the agency capable of tracking and/or documenting necessary benefit information and carrying-out the responsibilities of its program consistent with federal requirements? • Is appropriate and accurate documentation submitted in a timely manner? Monitoring Procedures for Construction Projects -All construction projects are expelled to comply with federal labor and procurement procedures as well as the various affirmative action and equal opportunity requirements required by various federal and state laws. To ensute this end, CDBG staff developed a Procurement and Contract Compliance Manual that outlines the various procedures and steps required as part of contrail management. The CDBG coordinator.overseesanct reviews contract preparation at each step from bid preparation, contract document preparation, pre-construction meetings, and ongoing project inspections. Monitoring Procedures for SubrecipientAgencies-All Subrecipient agencies must sign a contract with the City in which the various scope of work, time line, and documentation requirements are outlined. On a monthly basis, each Subrecipient must submit detailed information regarding the number, ethnicity, and income level of individuals benefiting with CDBG funds. Quarterly summary reports are required of some agencies in which further information is provided on activities accomplished in that quarter. The City's monitoring goal is to conduct an on-site inspection of each agency at least once a year, preferably toward the end of the funding cycle. _ Ciry of Rancho Cucamonga .' ~ Page 20 2012-2013 Annual Ac[ion Plan -April 18, 2012 P210 CITIZEN PARTICIPATION The preparation of a representative and useful Annual Action Plan is the result of an effective citizen participation process. The City of Rancho Cucamonga encourages and solicits the participation of its residents in accordance with the provisions of its Citizen Participation Plan. The following steps were taken to ensure adequate public participation. 1. A public notice of available funds and soliciting project applications was published in the Inland Vallev Daily Bulletin on November 21, 2011. Copies of the notice were also posted at City Hall and mailed to interested individuals and organizations. 2. Notice regardingthe30-day review period and availability of the draft 2012-2013 Annual Action Plan and notice of the public hearing was published in the Inland Vallev Daily Bulletin on March 19, 2012, identifying that the 2012 Annual Action Plan was available for public review and that the review period would run from Monday, March 19, 2012, to Wednesday, April 18, 2012. Letters providing notice ofthe public hearing and indicating the documents availability were mailed to surrounding jurisdictions, the County of San Bernardino, and the Housing Authority of the County of San Bernardino. Copies of the notice were posted at City Hall. The public hearing regarding the 2012 Annual Action Plan was held on April 18, 2012. City of Rancho Cucamonga ~ . ~ - ~- ~ ~ Page21 2012-2013 Annual Acfion Plan-April 18, 2012 ~ - P211 HUD TABLES Table 4: Homeless and Special Needs Populations (HUD Table 1A) Continuum of Care: Housing Gap Analysis Chart Current Under Unmet Need/ Individuals i Example` '" °~~ EmergencyShelter~ '- , ~~^ ~'~,~, ,; 100. - 40'- `~-' *;26 +^'~"i Beds Emergency Shelter 4 ~ 0 SO Transitional Housing ~ 0 0 0 " Permanent Supportive Housing 0 0 0 Total 4 0 SO Persons in Families with Children Beds Emergency Shelter 4 0 30 Transitional Housing ~ 0 0 0 Permanent Supportive Housing ~ 0 - ~ 0 0 Total ~ ~ 4 ~ 0 ~ SO Continuum of Care: Homeless Population and Subpopulations Chart Part 1: Homeless Population Sheltered Unsheltered Total Emergency Transitional Number of Families with Children (Family Households): 1. Number of Persons in Families with Children - 14 14 2. Number of Single Individuals and Persons in Households without children 108 108 (Add Lines Numbered 1 & 2 Total Persons) 14 108 122 Part 2: Homeless Subpopulations ~ Sheltered Unsheltered Total a. Chronically Homeless Unknown ~ Unknown Unknown b. Seriously Mentally 111 Unknown - c. Chronic Substance Abuse Unknown d. Veterans Unknown ~ - e. Persons with HlV/AIDS ~ Unknown f. Victims of Domestic Violence Unknown g. Unaccompanied Youth (Under 18) Unknown City of Rancho Cucamonga _ .. - ~ Page 22 2012-2013 Annual Action Plan-Apri118, 2012 P212 Table 5: Special Needs (Non-Homeless) Populations (HUD Table 1B) SPECIAL NEEDS SUBPOPULATIONS Priority Need Level: High, Medium, Law, No Such Need Unmet Need Dollars to Address Unmet Need Multi- Year Goals Annual Goals Elderly H $225,000 Y 24,000 Frail Elderly L $0 N 0 Severe Mental Illness N $0 N 0 Developmentally Disabled ~ N $0 N 0 Physically Disabled H $150,000 Y 10,000 Persons w/ Alcohol/Other Drug Addictions L $0 N 0 Persons w/HIV/AIDS L $0 N 0 Victims of Domestic Violence H $84,000 Y 27,500 Other N $0 N 0 TOTAL $459,000 61,500 Ptlonty Neetls: H = High, M = Metlium, L = LoW, 8 N = NO Such Neetl Table 6: Outcome/Objective Codes Performance Measurement Availability/Accessibility Affordability Sustainability 'DecenYHousing DH-1 DH-2 DH-3 ' SuitableLivingEnvironment SL-1 SL-2 SL-3 -'Economic Opportunity EO-1 EO-2 EO-3 Table 7: Summary of Specific Housing/Community Development Objectives (HUD Table lA/16 Continuation Obj. I Specific Objectives I Sources of Funds I Performance Indicators I Expected I Actual I Outcome/ # Number Number Objective' Homeless Objectives - 7.1 Foothill Family Shelter CDBG Persons Assisted 20 ~ ~ SL-1 7.1 House of Ruth CDBG Persons Assisted 5,500 SL-3 7.1 Inland Hope Partners SOVA CDBG Persons Assisted 8,800 SL-3 Special Needs Objectives 8.1 Oldtimers Home - Maintenance Program CDBG Persons Assisted 240 DH-1 11.1 Oldtimers Senior Nutrition CDBG Persons Assisted 15,000 SL-3 9.1 Senior Services CDBG Persons Assisted 1,800 DH-1 11.1. Senior Transportation CDBG Persons Assisted 15,000 SL-3 City of Rancho Cucamonga Page 23 2012-2013 Annual Ac[ion Plan -April 18, 2012 P213 Table 8: Summary of Specific Objectives (HUD Table 1C) -Affordable Housing SpecHic Objective Outcome/Ob(ective Specific ObjeRive Source of Funds Performance Indicator Veer Expected Number Attual Number Pedent Complete DH-1 Availability/Accessibility of Decent Housing 1.1 Support the acquisition of existing multi-family units to be held RDA, Multi-family 2010 0 0 0.0% for future affordable housing stock. CHFA housing units 2011 0 0.0% (Consolidated Plan S-Year Goal = 214 units) acquired 2012 0 0.0% 2013 0.0% 2014 0.096 >-MULTI-YEAR G OA6;3-: Y 0-=', "`-0 I: ;^'( 1.2 Support the acquisition and rehabilitation of existing single- RDA, Single-family 2010 0 0 0.0% family homes. CHFA housing units 2011 ~ 0 0.0% (COnsalitlatetl Plan 5-Year Gaal = 5 units) acquired 2012 0 0.0% 2013 O.D% 2014 0.0% ':MULThYEAR GO ALt .$0'.. "' 4+4AOfrD&o9 '^,flfm9 r%,e a;7 2.1 Support the construction of affordable (multi-family) units. RDA, Multi-family 2010 0 0 0.0% (Consolidated Plan S-Year Goal=110 units) HOME housing units 2011 0 0.0% developed 2032 0 0.0% ' - 2013 0.0% 2014 0.0% 3MULTFYEAR'GO AL 0.`•.x:3 L~.su"u"~03f3 ?*da ?`ss-1 2.2 Support the construction o/single-family infll development in RDA, Single-family 2010 0 0 0.0% low- and moderate-income neighborhoods. CHFA housing units 2011 0 0.0% (Consolidated Plan 5-Year Goal = 10 units) developed 2012 0 0.0% ' ~ 2013. 0.0% 'BMULTI-YEAR'GO 2014 ALI , 0 0 0.0% '~'f<+, '+~f ~+:I DH-2 Affordability of Decent Housing 3.1' Support the Housing Authority of San Bernardino Section 8 Federal Number of 2010 138 138 100.0% Voucher and public housing assistance programs. Housing housing units 2011 138 0.0% ' These figures are not cumulative, but represent [he number Funds 2012 136 0.0% of units operated by the Housing Authoriy during the program 2013 0.0% year. 2014 0.0% >:MULTI-YEARGO AL 9_9338~ ~=01:721 •:x +':+~ 4.1 Administer a City sponsored First Time Homebuyer Program. RDA 20% Number of 2010 15 0 - 0.0% (Consolidated Plan S-Year Goal=]S Units) Set Aside housing units 2011 15 0.0% 2012 0 0.0% 2013 0.0% 2014 0.0% ~MULThYEAR GO Atl?i~!EGY"jl ... , 303;.u.10 ea19~.19 'till s. [, °;$d 4.3 Assist the NHOC First Time Homebuyer Program. RDA ~ Number of 2010 D 0 % ICOnsolidatetl Plan 5-Year Goal = 15 units) housing units 2011 0 % 2012 0 % 2013 % zDl4 % MULTHYEARGO ALS ~F:a~~O.-~ ~~D i'a 't :_`:'Y DH-3 SusfainabllHy of Decent Housing 5.1 Provide moderate rehabilitation of owner occupied, single- CDBG Housing units 2010 40 6] 167.5% family and mobile homes for eztremelylow-,low-,and assisted 2011 a0 0.0% moderate-income homeowners. 2012 40 - 0.0% (Consolidated Plan 5-Year Goal = 40 households) 2013 0.0% $MULTIsYEARGO 2014 AU v120 ,' "4~::=10PY,'f 0.0% I~P7gXtpp'y~§t'if 5.2 Provide sewer connections to owner occupied,single-family CDBG Housing units 2030 5 0 0.0% and mobile homes for extremely low-, low-, and moderate- assisted 2011 0 0.0% income homeowners in [he southwest Rancho Cucamonga 2012 0 0.0% area. 2013 0.0% (Consolidated Plan 5-Year Goal = 50 units) 2014 0.096 ~MULTf=YEAR GO ALY$~ '~, y-;S a,~&~ ?GO~~ ';A6Ss+ 6.1' Support programs of the Housing Authority of the County of Federal Housing units 2010 12 12 100.0% San Bernardino to improve living conditions for public housing Housing assisted 2011 12 0.0% residents. Funds 2012 12 0.0% • These figures are not cumulative, but represent the number 2013 0.0% of units pperated by the Mousing Authority during the program 2014 % year. UlT1=YEAR GO ALm.,la~',$ 12 '... E.]z,~;iO~Yd"f ^v ".ii,:+'-i City of Rancho Cucamonga -~ Page 24 2012-2013 Annual Action Plan -April 18, 2012 , _ - P214 Table 9: Summary of Specific Objectives (HUD Table 1C) -Priority Homeless Needs Specific ObjeuYWe Outcome/Objective Specific Objective Source of Funds Performance Year Indlctpr Expected Number Actual Number Percent Complete 7.1 $VPPOrt of local homeless facilities and services SL-1 Availability/Accessibility of Sutable Living Environments ' Foothill Family Shelter (hh) CDBG Persons 2010 4 58 1,450.0% (COnsolidatetl Plan S-Year Goal=20) assisted 2011 4 0.0% zolz a D.D% zo13 D.o% solo o.D% !!'M.XMULTF-YEAR G OAD . 31?X~ Y~'°eico-58 °#'F s::'::3 Sl-3 Sustainability of Suitable lHing Environments House of Ruth (p) CDBG Persons 2010 1,1110 1,235 112.2% (COnsolidatetl Plan S-Near Goal=5,500) assisted 2011 1,100 0.0% - 2012 1,100 0.0% 2013 0.0% 2014 0.0% AMULTF=.YEAR GO AL daBi`$3,300'.tdIgO 11'!441,135 a'd '~''',I; i] West Entl Hunger Program (SOVA1 (p) CDBG Persons 2010 1,600 841 52.5% (Consolidated Plan S-Year Goal=8,600) assisted - 2011 ~ 1,600 0.0% 2012 1,600 0.0% 2013 0.0% ' ~ 2014 0.0% I!MULTFYEARGO AL $c4,80D:YtG11 hy;!?}Nlgaliiyj ' S#' k._. _.- t,TOFAL~ fl:112L'.d'-`.b1 '9~!52;1343}~ : ;~.;`j§~7 Table 10: Summary of Specific Objectives (HUD Table 1C) -Priority Non-Homeless Special Needs Specific Objective Outcome/Ob}ecNve SpeclFlc ObjeRive - Source of Funds Performance Indictor Year Expected Number Actual , Number percent Complete DH-1~ Availability/Accessibility of Decent Housing B.1 Provide minor and emergency rehabilitation services to CDBG Housing units 2010 60 43 % eligible households with emphasis on assistance to low- and assisted 2011 60 D.0% moderate-income seniors. 2012 60 D.0% ' (Consolidated Plan S-Year Goal=2401 ~ 2013 0.0% ~+!OtiMULTFYEARG zo14 OAI ,1820>;:V;} V'w'f,44} IOdIP='ul D.D% N'. :v'~J 9.1 Support special need services in areas where there are CDBG Persons 2010 1,800 7,3fi5 % significant under-served needs. assisted 2011 1,800 0.0% (Consolidated Plan 5-Year Goal = 9,000) 2012 ~ 1,600 0.0% 2013 0.0% 2014 D.o% .'.MULTF=YEAR GO ALS win 55;400_:::: ",-'.( Table 11: Summary of Specific Objectives (HUD Table 1C) -Non-Housing Community Development Needs Specific Objective Outcome/Objectve Speclflc Objective Source of Funds Performance Year Indicator Expected Number Acual Number Percent Complete 10.1 Complete all necessary infrastructure and sidewalk improvements in quallfietl target areas. SL-1 Availability/Accessibility of Suitable Living Environments Sidewalk Grinding and Replacement CDBG Sidewalk 2010 3,960 616 % replaced 2011 3,960 0.0% 2012 3,960 0.0% _ - 2013 0.0% 2014 0.0% BMULTI=YEAR GO AL • $S6`7,9130.~R-il k:(FMa;616-~! '3~~~-<_ 11.1 Assist public service agencies that support groups in the highest priority ctegories inclutling: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literary programs. BL-1 Availability/Accessi6ilky of 5ulbble LWing Environments Fair Housing ~ CDBG Persons 2010 550 61 11.1% (Consolidated Plan S-Near Goal=2,750) assisted' 2011 550 0.0% 2012 550 0.0% 2013 0.0% ' 2014 0.0% Ih^.{IMDLTI-YEAR GOAL'~9.'=1 ~ ~.1;650^;~ .Pa I. ,^:61 h•..0 ~. ":.~;3a,~p-Ej landlord/renant Mediation CDBG Persons 2010 50 718 1,436% (Consolidated Plan S-Year Gpal=250) assisted 2011 50 0.0% 2012 50 0.0% 2013 0.0% 2014 0.0% 'IMULTI"-YEAR GO AD::.-,i? ~ "150:';. + '718 °= ~ £~-'~{ City of Rancho Cucamonga Page 25 2012-2013 Annual Action Plan -April 18, 2012 P216 ~Spedfic Objetthre Outcome/Objective Specifid Objective Source of Funds Performance Indicator Year ~ '~ EspeRed Number Actual Number Percem Complete DH-1 AvalWBllNy/ACCessibilRy of Decent Housing 12.1 Supportthe installation of handicap wheelchair ramps at all CDBG Square feet of 2010 2,880 % curb returns. wheelchair 2011 2,880 0.0% ramps installed 2012 2.880 0.0% 2013 0.0% 2014 0.0% .:.)MULTI YFAR GOAL'-; '8,640`:+' '-'0.': ~''.,. - ~ DH-3 Sustainabillty of Decent Housing 13.1 Support the rehabilitation of significant historic struttures, CDBG Public Facilities 2010 3 3 100.0% with primary emphasis on residential assistance. 2011 2 - 0.0% 2012 1 0.0% The multi year goal Is not a yearly cumulative count as ieveral 2013 - 0.0% projetts were multi-year projects. To date, 3 properties have 2014 0.0% received assistance. '+MULTf=YEAR GO AL`5>}Ca ~3 >lOtiy ~ t 5` 3:`; j EO-3 Sustainabllky o! Economic Opportunity 15.1 Support housing and Community Development activities that RDA, Economic 2010 I - 1 100.0% stimulate economic development. General development 2011 1 0.0% Fund attivlties 2012," ' 1 0.0% ' - assisted 2013 0.0% 2014 0.0% aMULTI'-YEAR GO ALV .; .~1 O~ ~-z P^.`s"%J DM-3 6ustalnebility of Decent Housing - 16.2 Support the Ciry's Graffiti removal program operating in CDBG Square feet of 2010 15,000 ~ % qualified target areas. graffiti 2011 15,000 0.0% ' (E~petted and Attual are represented in square feet 4f graffiti removed 2012 15,000 0.0% removed.) - 2013 0.0% 2010 0.0% GMULTL?YEAR GO AL'f~ ~'-45,000'%'-.A ~.. r0 i "T '3:-~ 16.3 Support the City's Cade Enforcement Program operating in CDBG Units 2010 100 % qualified target areas. 2011 100 0.0% 2012 0 0.0% ' 2013 0.0% 2014 0.0% +IMULTI'-YEAR GO AL'1~.2s5d R" 200?=?-' 0~ '< ;'.^] City of Rancho Cucamonga Page 27 2012-2013 Annual Action Plan-Apri118, 2012 P217 Table 12: Priority Housing Needs/Investment Plan Table (HUD Table 2A) PRIORITY HOUSINGNEED9 -.. .)households) _ - Priority UhmeYNeed 0-30% H 355 Small Related 31-SO% H 451 51-80% M 791 0-30% H 70 Large Related 31-60% H 105 61-80% M 303 Renter 0-30% H 222 Elderly ~ 31-SO% H 133 51-80% M 136 - 0-30% H ~ 210 All Other 31-SO% H 231 51-80% M 566 0-30% H 731 . Owner 31-50% H 975 51-80% M 1,928 . - Elderly 0-80% H Frail Elderly ~ ~ 0-80% H _ _ Non-Homeless Severe Mental Illness 0-80% L Special Needs Physical Disability 0-80% L Developmental Disability 0-80% L Alcohol/Drug Abuse 0-80% L HIV/AIDS 0-80% L Victims of Domestic Violence 0-80% H City of Rancho Cucamonga ~ .Page 26 2012-2013 Annual Action Plan-Apri118, 2012 ~ -- ` P218 Table 12: Priority Housing Needs/Investment Plan Table (HUD Table 2A Cont.) Priority Need S-Yr. Yr.'1 Yr.'.2 Yr.3 Yr,4 Yr.S Goal Goal Goal Goal Goal Goal _ .Plan/Act Plan/Act .Plan/Act Elan/Act Plan/Act Plan/Act Renters 0-30%ofAMl 0 0 0 0 31-50%ofAMl 107 0 0 0 __ 51-80%ofAMl ~ 217 0 0 0 Owners 0-30Yo ofAMl 0 0 0 0 31-50%of AMI 8 0 0 0 51-80Yo of AMl 7 0 0 - 0 Non-Homeless Special Needs Elderly 24,000 4,800 4,800 ~ 4,500 Frail Elderly - 0 0 - 0 0 Severe Mental Illness 0 0 0 0 Physical Disability 10,000 2,000 - 2,000 2,000 ' DevelopmentaLDisability 0 0 - 0 0 Alcohol/Drug Abuse 0 0 0 0 HIV/AIDS 0 0 0 0 Victimsof Domestic Violence 27,500 5,500 5,500 5;500 Tota I Total Section 215 0 0 0 - 0 215 Renter 0 0 0.~. ~ -0 215 Owner 0 0 0 - ~ 0 City of Rancho Cucamonga ~ Page 29 2012-2013 Annual Action Plan-April 18, 2012 P219 Table 12: Priority Housing Needs/Investment Plan Table (HUD Table 2A Cont.) Priority Need 5-Yr. Yr. 1 Yr. 2 Yr. 3 Yn 4 . Yr. 5 Goal Goal Goal Goal Goal Goal Plan/Act Plan/Act Plan/Act Plan/Act Plan/Act Plan/Act CDBG Acquisition of existing rental units 219 0 0 0 Production of new rental units 120 0 0 0 Rehabilitation of existing rental units 0 0 ~ 0 0 Rental assistance 0 0 0 0 Acquisition of existing owner units 0 - 0 0 0 Production of new owner units ~ 0 0 0 0 Rehabilitation of existing owner units 500 100 100 100 Homeownership assistance 0 0 0 0 .HOME Acquisition of existing rental units 0 0 ~ 0 ~ 0 Production of new rental units 0 0 0 0 Rehabilitation of existing rental units 0 0 ~ 0 0 Rental assistance 0 0 0 0 Acquisition of existing owner units 0 0 0 0 Production of new owner units 0 0 0 0 Rehabilitation of existing owner units 0 0 0 0 Homeownership assistance 0 0 0 0 HOPWA Rental assistance 0 0 0 0 Short term rent/mortgage utility payments 0 0 0 - 0 Facility based housing development 0 0 0 0 Facility based housing operations - 0 0 0 0 Supportive services 0 0 0 0 Other' City of Rancho Cucamonga ~ ~ Page 30 2012-2013 Annual Action Plan-Apri118, 2012 P220 Table 13: Priority Community Development Needs (HUD Table 2B) Priority Need Priority Need Level Unmet Priority Need Dollars to Address Need 5 Vr Goal Plan/Act Annual Goal Plan/Act Percent Goal Completed Acquisition of Real Property N 0 $0 Disposition N 0 $0 Clearance and Demolition N 0 $0 Clearance of Contaminated Sites N 0 $0 - Code Enforcement M 3 $270,000 Public Facility (General) H Senior Centers N 0 $0 Handicapped Centers N 0 $0 Homeless Facilities N 0 $0 Vouth Centers N 0 $0 Neighborhood Facilities N 0 $0 Child Care Centers ~ N 0 $0 Health Facilities N .0 $0 Mental Health Facilities ~ N 0 $0 Parks and/or Recreation Facilities N 0 $0 Parking Facilities ~ N 0 $0 Tree Planting N 0 $0 Fire Stations/Equipment N 0 $0 Abused/Neglected Children Facilities ~ N 0 $0 Asbestos Removal N 0 $0 Non-Residential Historic Preservation M 3 $500,000 Other Public Facility Needs - N ~ 0 $0 Infrastructure (General) H Water/Sewerlmprovzmen[s H 50 $1,050,000 Street Improvements H 2 $1,500,000 ~ - Sidewalks - H 5 $110,000 Solid Waste Disposal Improvements N 0 $0 Flood Drainage Improvements N 0 $0 Other Infrastructure N 0 $0 - Public Services (General) H Senior Services M 27,000 $150,000 Handicapped Services N 0 $0 Legal Services N 0 $0 Youth Services H 3,500 $85,000 Child Care Services ~ N 0 $0 Transportation Services M 15,000 $88,000 Substance Abuse Services N 0 $0 Employment/Training Services M 550 $25,000 Health~Services N 0 $0 Lead Hazard Screening ~ - M 200 $120,000 Crime Awareness N 0 $D Fair Housing Activities H -1,250 $58,000 Tenant Landlord Counseling H 250 $50,000 Other Services M 0 $0 Economic Development (General) L C/I Land Acquisition/Disposition N 0 $0 C/I Infrastrutture Development N 0 $0 C/I Building ACq/Const/Rehab N 0 $0 Other C/I N 0 $0 ED Assistance to For-Profit N 0 $0 ED Technical Assistance N 0 $0 Micro-enterprise Assistance N 0 $0 Other ~ N 0 $0 Priority Needs: H = High, M = Medium, L=Low, & N = No Such Need City of Rancho Cucamonga Page 31 2012-2013 Annual Anion Plan-April 18, 2012 P221 Table 14: Summary of Specific Housing/Community Development Objectives (H UD Table 2A/2B Continuation Sheet Ob'N 5 ecific Ob'ectives Sources of Performance Ex ected Actual Outcome 1 P 1 P Funds Indicators Number Number Objective' Rental Housine 1.1 Support the acquisition of existing RDA, PHA Units 214 0 DH-1 multiple-family units to be held for future affordable housing stock. 2.1 Support the construction of affordable RDA, HOME, Units 130 225 DH-1 (multi-family) units. ~ LITC, FNMA 3.1 Support the Housing Authority of San HACSB Units 138 138 DH-2 Bernardino County Section 8 Voucher and public housing assistance programs. 3.2 Participate in the HOME Consortium HOME Units Unknown 0 DH-2 Tenant-Based Rental Assistance program. 5.3 Participate in the HOME Consortium HOME Units Unknown - 0 - DH-2 Affordable Housing Development Loan Program. 6.1 Support programs of the Housing HACSB Units 12 12 DH-2 Authority of the County of San Bernardino to improve living conditions , for public housing residents. Owner Housine 1.2 Support the acquisition and ~ RDA units 5 0 DH-1 rehabilitation of existing single family homes. 2.1 Support the construction of single- RDA Units 10 0 DH-1 family infill development in low-and moderate-income neighborhoods. 4.1 Administer a City sponsored First Time RDA Units 75 0 DH-2 Homebuyer Program. 4.2 -Participate in the HOME Consortium HOME Units Unknown 0 DH-2 Homeownership Assistance Program. 4.3 Assist the NHDC First Time Homebuyer RDA Units 15 0 DH-2 Program. 5.1 Provide moderate rehabilitation of CDBG Units 200 67 DH-3 owner occupied, single-family and mobile homes for extremely low-, low-, ' and moderate-income homeowners. 5.2 Provide sewer connexions tb owner CDBG Units 50 0 DH-3 occupied, single-family, extremely low-, - low-,and moderate-income - homeowners in the southwest Rancho Cucamonga area. 8.1 Provide minor and emergenry CDBG Units - 300 22 DH-1 rehabilitation services [o eligible households with emphasis on assisting low- and moderate-income seniors. 16.1 Support improvements to residential CDBG ~ Units 200 Unk ~ DH-3 energy efficiency, lead-based paint hazard reduction, and code enforcement through the City's Home Improvement Program. 10.1 ~ Support infrastructure and sidewalk I CDBG ~ Projects I 7 I Unk I SL-1 12.1 ~ Support the installation of handicap ~ CDBG I Projexs I 5 I Unk I DH-1 City of Rancho Cucamonga Page 32 2012-2013 Annual Action Plan -April 18, 2012 P222 1 wheelchair ramos at all curb returns. I I I I I Public Services 7.1 Support local homeless facilities and CDBG People 12,570 Unk SL-1, SL-3 services. 9.1 Support special needs services in areas CDBG People 9,000 Unk DH-1 where there are significant under- served needs. 11.1 Support public service agencies that CDBG People 23,000 Unk SL-1, SL-3 assist groups in the highest priority categories including: fair housing counseling,landlord-tenant mediation, homeless and food assistance, ~ , emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Economic Development 15.1 Support housing and Community Development activities that stimulate economic development. General Fund, RDA - Projects Unknown Unk EO-3 Neighborhood Revitalization/Other 13.1 Support the rehabilitation of significant CDBG Projects 3 3 DH-3 historic structures, with primary emphasis on residential assistance. 16.2 Support the City's Graffiti Removal CDBG Sq Ft Removed 75,000 Unk DH-3 Program operating in qualified target - areas. 16.3 Support the City's Code Enforcement CDBG People 100 Unk DH-3 Program operating in qualified target areas. 1. Refer to the Outcome/Objective Codes Table City of Rancho Cucamonga Page 33 2012-2013 Annual Action Plan-April 18, 2012 P223 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C) Jurisdiction's Name City of Rancho Cucamonga Priority Need Provide the necessary planning and administrative capacity to implement the CDBG program and the Consolidated Plan. Project Provide for the necessary planning and administrative activities of the CDBG program. Activity Administration Description Includes administration of the CDBG program, the completion of program applications and performance reports, research and analysis, target area studies, historic preservation evaluations, and Housing documents. Objective Category ^ Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome Category ^ Availability/Accessibility ^ Affordability ^ 6ustainability Location/Target Area: Community Wide ' (Street Address): (City, State, Zip Code): Specific Objective Number Project ID 0001 HUD Matrix Code CDBG Citation 21A General Program Administration 570.206 Type of Recipient ~ CDBG National Objective Local Government N/A Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units N/A N/A Local ID Units Upon Completion 1228 Funding Source: CDBG $160,880 ESG HOME HOPWA Total Formula Prior year FUnds Assisted Housing PHA Other Funding Total $160,880 The primary purpose of this project is to help: ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. ~., City of Rancho Cucamonga Page 34 2012-2013 Annual Action Plan-April 18, 2012 P224 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont. Jurisdiction's Name City of Rancho Cucamonga Priority Need Provide improvements to public areas and public facilities to enhance living environments, improve the quality of life in low- and moderate-income neighborhoods, and for lower income individuals, seniors, and the handicapped. Ensure accessibility to all public facilities and structures. Project Support the installation of handicap wheelchair ramps at all curb returns. Activity Rancho Cucamonga PWSD-Wheelchair Ramps Description This program involves the retrofitting of existing curbs to accommodate disabled individuals. Objective Category ^ Suitable Living Environment ® Decent Housing ^ Economic Opportunity Outcome Category ® Availability/Accessibility ^ Affordability ^ Sustainability Location/TargetArea: CornmunityWide Add (City, State, Zip Code): Specific Objective Number Project ID _ DH-1 0002 ~ ~ " HUD Matrix Code ~ CDBG Citation 03L Sidewalks ~ 570.201(q _ Type of Recipient CDBG National Objective " Local Government ~ 570.208(a)(2) -Low /Mod Lirnited Clientele Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units Public Facilities ~ 2,8801inear feet Local ID Units Upon Completion 1017 Funding Source: CDBG $22,850 ESG HOME HOPWA Total Formula Prior Year Funds A55isted Housing PHA Other Funding Total $22,850 The primary purpose of [his project is to help: ^ the Homeless ^Persons with HIV/AIDS ®Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga 2012-2013 Annual Action Plan -April 18, 2012 Page 35 P225 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Jurisdiction's Name City of Rancho Cucamonga Priority Need Provide improvements to public areas and public facilities to enhance living environments, improve the quality of life in low- and moderate-income neighborhoods, and for lower income individuals, seniors, and the handicapped. Ensure accessibility to all public facilities and structures. Project Support infrastructure and sidewalk improvements in qualified target areas. Activity Rancho Cucamonga PWSD-Sidewalk Grinding Description Involves the grinding, repair, or replacement of sidewalks that are displaced and/or inaccessible in qualified target areas. Objective Category ® Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome Category ® Availability/Accessibility ^ Affordability ^ Sustainability CT 8.12 BG 2, CT 20.04 BG 1, CT 20.05 BG 1, CT 21.00 BG's 2, 3, 4, 6, & 7, and CT Location/Target Area: 22.03 BG 1 (Street Address): (City. State, Zio Codel: Specific Objective Number Project ID SL-1 0003 HUD Matrix Code CDBG Citation 03L Sidewalks 670.202(c) Type of Recipient CDBG National Objective Local Government ~ 570.208(a)(1)-Low /~MOd Area Start Date (mm/dd/yyyy) - Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units Public Facilities 3,960 linear feet Local ID Uni[s Upon Completion 1018 Funding Source: CDBG 522,850 ESG HOME HOPWA Total Formula Prior Year Funds Assisted'HOUSing PHA Other Funding Total $22,850 The primary purpose of this project is to help: ^ the Homeless ^Persons with HIV/AIDS ®Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga 2012-2013 Annual Action Plan -April 18, 2012 Page 36 P226 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga Priority Need Residential and non-residential historic preservation needs. Revitalize and upgrade housing conditions, prevent and eliminate blight and blighting influences, and eliminate conditions detrimental to the public health, safety, and welfare. Project Support the rehabilitation of significant historic structures, with primary emphasis on residential assistance. Activity Etiwanda Railway Station Description The preservation and historic restoration of the Etiwanda Railway Station. The mission of this activity is to preserve the station through renovation for adaptive reuse as a museum and trailhead for the Pacific Electric Inland Trail, a 21-mile long regional trail. It is anticipated that this activity will be a multi-year program, requiring additional CDBG funds in future program years. Objective Category ^ Suitable Living Environment ® Decent Housing ^ Economic Opportunity Outcome Category ^ Availability/Accessibility ^ Affordability ® Sustainability Location/Target Area: Etiwanda Railway Station Address): 7089 Etiwanda Avenue (City, State, Zip Code): Rancho Cucamonga, CA 91739 Specific Objective Number Project ID DH-3 ~ - 0004 HUD Matrix Code CDBG Citation 168 Non Residential Historic Preservation 570.202(d) Type of Recipient CDBG National Objective Local Government 670.208(b)(2) -Slums /Blight Spot Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units Public Facilities 1 Local ID ~ Units Upon Completion 1389 1 Funding Source: CDBG ESG HOME HOPWA Total Formula Prior Vear FUnds $130,132 A55isted Housing PHA Other Funding Total $130,132 The primary purpose of this project is to help: ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga 2012-2013 Annual Action Plan -April 18, 2012 Page 37 P227 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga Priority Need Provide all low- and moderate-income and special needs groups with rehabilitation assistance including handicap improvements. Project Provide minor and emergenty rehabilitation services to eligible households with emphasis on assistance to low- and moderate-income seniors. Activity Steelworkers Oldtimers Foundation -Home Maintenance Program Description This program will complement the City's Home Improvement Program by providing minor rehabilitation and emergency assistance to low- and moderate- income residents and senior citizen households whose income falls below 80 percent of the AMI. Permitted home repairs include minor plumbing, electrical, carpentry, and roof repairs. Residents who are owner occupants are eligible to receive two visits, up to $300 per visit, and in emergencies, the allowance of a one-time material charge for up to $500. The Oldtimers Foundation is located at 8572 Sierra Avenue, Fontana, CA 92335. Objective Category ^ Suitable Living Environment ® Decent Housing ^ Economic Opportunity Outcome Category ® Availability/ACCessihility ^ Affordability ^ Sustainability Location/Target Area: Community Wide (City, State, Zip Code): Specific Objective Number Project ID DH-1 0005 HUD Matrix Code CDBG Citation 14A Rehab; Single Unit Residential 570.202 Type of Recipient CDBG National Objective Subrecipient Private 570.SOOjc) 570.2081a)j2) -Low /Mod Limited Clientele Start Date )mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator ~ Annual Units Housing Units 60 Local ID Units Upon Completion 1033 Funding Source: CDBG $7,200 E8G HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $7,200 The primary purpose of this project is to help: ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga 2012-2013 Annual Action Plan -April 18, 2012 Page 38 P228 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga Priority Need Owner households with incomes below 80 percent of the median with substandard housing. Project. Provide moderate rehabilitation of owner occupied, single-family and mobile homes for extremely low-, low-,and moderate-income homeowners. Activity Home Improvement Program Description The City has an existing moderate rehabilitation Home Improvement Program available to eligible owner-occupied households, those earning less than 80 percent of the AMI. The program offers deferred payment loans of up to $30,000 and grants of up to $7,500, including emergency repair grants. The City runs this as a full service program and not only lends the money, but secures contractors, oversees the work, and maihtairis administration of the grants and loans rather than farming this work out td the bank or homeowner. While this method requires additional staff time, it is done to provide a high level of customer service and ensure both consistent and efficient results. Objective Category ^ Suitable Living Environment ® Deceni Housing ^ Economic Opportunity Outcome Category ^ Availability/Accessibility ^ Affordability ® Sustainability Location/TargetArea: Community Wide (City, State, Zip Code): Specific Objective Number Project ID DH-3 0006 HUD Matrix Code CDBG Citation 14A Rehab; Single Unit Residential 570.202 Type of Recipient CDBG National Objective Local Government 570.208(a)(3) -Low /Mod Housing Benefit Start Date (mm/dd/yyyy) Completion Date(mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units Housing Units 40 Local ID Units Upon Completion 1230 Funding Source: CDBG $470,056 ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $470,056 The primary purpose of this project is [o help: ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga 2012-2013 Annual Action Plan -April 18, 2012 Page 39 P229 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga Priority Need Youth services, fair housing counseling, tenant/landlord counseling, as well as other public services. Project Support the City's Graffiti Removal Program operating in qualified target areas. Activity Rancho Cucamonga PWSD-Graffiti Removal Description The removal of incidents of graffiti from public properties in qualified target areas. Objective Category ^ Suitable Living Environment ® Decent Housing ^ Economic Opportunity Outcome Category ^ Availability/Accessibility ^ Affordability ® Sustainability CT 8.12 BG 2, CT 20.04 BG 1, CT 20.05 BG 1, CT 21.00 BG's 2, 3, 4, 6, & 7, and CT Location/TarRet Area: 22.03 BG 1 (City. State. Zio Codej: Specific Objective Number Project ID DH-3 ~ 0007 HUD Matrix Code CDBG Citation OS Public Services (General) 670.201(e) Type of Recipient CDBG National Objective Local Government 670.208(a)(1) -Low /Mod Area Start Date (mm/dd/yyyy) ~ Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units Feet of Public Utilities ~ 15,000 square feet Local ID Units Upon Completion 1015 Funding Source CDBG $16,800 ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $16,800 The primary purpose of this project is to help; ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ PublioHOUSing Needs. City of Rancho Cucamonga 2012-2013 Annual Action Plan -April 18, 2012 Page 40 P230 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont. Jurisdiction's Name .City of Rancho Cucamonga Priority Need Youth services, fair housing counseling, tenant/landlord counseling, as well as other public services. Project Support public service agencies that assist groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Activity IFHMB-Landlord/TenantCounseling Description Landlord/Tenantdispufe mediation services are provided by Inland Fair Housing and Mediation Board. Inland Fair Housing and Mediation Board is located at 10681 Foothill Boulevard, Suite 101, Rancho Cucamonga, CA 91730. Objective Category ® Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome Category ® Availability/Accessibility ^ Affordability ^ Sustainability Location/TargetArea: Community Wide Add (Gifu, State. Zip Codej: Specific Objective Number _ Project ID SL-1 0008 HUD Matrix Code CDBG Citation OSK Tenant/Landlord Counseling 570.201(e) Type of Recipient CDBG National Objective Subrecipient Private 570.500(c)' ~ 570.208(a)(2) -Low /Mod Limited Clientele Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units People 50 Local ID Units Upon Completion 1023 Funding Source: CDBG 57,300 ESG HOME HOPWA Total Formula Prior Vear Funds Assisted Housing PHA Other Funding Total 57,300 The primary purpose of this project is to help: ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga 2012-2013 Annual Action Plan -April 18, 2012 Page 41 P231 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga Priority Need 1. Assessment, outreach, and emergency shelter for families, individuals, and persons with special needs. 2. Youth services, fair housing counseling, tenant/landlord counseling, as well as other public services. Project 1. The City supports a variety of organizations that provide immediate assistance, advocacy, and short-term shelter to homeless individuals and families. The City will continue to address priority needs, and will continue to evaluate the provision of transitional shelter assistance. 2. Support public service agencies that assist groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Activity House of Ruth Description House of Ruth provides shelter, programs, education, and opportunities for safe, self-sufficient, healthy living for battered women and their children who are at-risk of homelessness. Services provided include 24-hour emergency safe shelter (up to 30 days), 24-hour crisis intervention hotline, 24-hour emergenty transportation, outreach offices, and children programs. House of Ruth is located in Claremont, at P.O. Box 457, Claremont, CA 91711. Objective Category ® Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome Category ^ Availability/Accessibility ^ Affordability ® Sustainability Location/TargetArea: Community Wide (Street Address): (City, State, Zip Code): Specific Objective Number Project ID SL-3 & SL-1 ~ 0009 HUD Matrix Code CDBG Citation OSG Battered and Abused Spouses 570.201(e) Type of Recipient CDBG National Objective Subrecipient Private 670.600(c) 670.208(a)(2) -Low /Mod Limited Clientele Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units People (General) 1,100 Local ID Units Upon Completion 1032 Funding Source: CDBG $5,500 ESG HOME HOPWA Total Formula Prior Vear Funds Assisted Housing PHA Other Funding Total $5,500 The primary purpose of this project is to help: ®the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga ~ Page 42 2012-2013 Annual Action Plan-April 18, 2012 P232 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga Priority Need 1. Assessment, outreach, and emergency shelter for families, individuals, and persons with special needs. ' 2. Youth services, fair housing counseling, tenant/landlord counseling, as well as other public services. Project 1. The City supports a variety of organizations that provide immediate assistance, advocacy, and short-term shelter to homeless individuals and families. The City will continue to address priority needs, and will continue to evaluate the provision of transitional shelter assistance. 2. Support public service agencies that assist groups in the highest priority ,categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Activity Inland Valley Hope Partners-SOVA Description SOVA offers a 5-day food supply (15 meals) for all members of a household. SOVA helps families maintain their health and avoid homelessness by providing emergency food assistance and support services. The PVCC offers the West End Hunger Program from offices located at 635 South Taylor Avenue, Ontario, CA 91761. Objective Category ® Suitable Living Environment ^ Decent Housing ^ Economic OPPOrtunity Outcome Category ^ Availability/Accessibility ^ Affordability ® Sustainability Location/Target Area: Community Wide (Street Address): (City, State, Zip Code): Specific Objective Number Project ID - SL-3 & SL-1 0010 HUD Matrix Code ~ CDBG Citation OS Public Services (General) 670.201(e) Type of Recipient CDBG National Objective Subrecipient Private 670.500(c) 670.208(a)(2) -Low /Mod Limited Clientele Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units People (General) 1,600 Local ID Units Upon Completion 1046 Funding Source: CDBG $5,000 ESG HOME HOPWA Total Formula Prior Vear Funds Assisted Housing PHA Other Funding Total $5,000 The primary purpose of this project is to help: ®the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga Page 43 2012-2013 Annual Action Plan-April 18, 2012 - P233 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga - Priority Need Assessment, outreach, and emergency shelterforfamilies, individuals, and persons with special needs. Project The City supports a variety of organizations that provide immediate assistance, advocacy, and short-term shelter to homeless individuals and families. The City will continue to address priority needs, and will continue to evaluate the provision of transitional shelter assistance. Activity Foothill Family Shelter Description Foothill Family Shelter operates a 90-day transitional shelter for homeless families with children. Support services are provided to enable families to obtain independence and permanent housing. They are located at 1501 West Ninth Street, Suite D, and at 230, 238, and 294 North San Antonio Avenue in Upland, CA 91786. Objective Category ® Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome Category ® Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area: Commuhity Nude- Add (City, State, Zip Code): Specific Objective Number Project ID SL-1 0011 HUD Matrix Code - CDBG Citation OS Public Services (General) 570.201(e) Type of Recipient ~ CDBG National Objective Subrecipient Private 570.500(c) ~ 570.208(a)(2) -Low /Mod Limited Clientele Start Dale (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 ~ 06/30/2013 Performance Indicator Annual Units People (General) 4 local ID Units Upon Completion 1068 Funding Source: CDBG $3,500 ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $3,500 The primary purpose of this project is [o help: ®the Nameless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga ~ ~- ~ Page 44 2012-2013 Annual Action Plan-April 18, 2012 ~ ~~ P234 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga Priority Need Provide non-housing related special needs assistance to all low- and moderate- , income special needs groups. Project Support special need services in areas where there are significant under-served needs. Activity Rancho Cucamonga CSD -Senior Services Description Develop and enhance senior citizen classes and activities in the focus areas of physical fitness, recreational and educational development, mental health, and emotional well-being. This service is provided through the City of Rancho Cucamonga Community Services Department. Objective Category ^ Suitable Living Environment ® Decent Housing ^ Economic Opportunity Outcome Category ® Availability/Accessibility Affordability ^ Sustainability Location/Target Area: Community Wide program at James L. Brulte Senior Center 11200 Base Line Road (City. State, Zip Code): Rancho Cucamonga, CA 91730 Specific ObjectiveNumber Project ID DH-1 ~ ~ 0012 HUD Matrix Code CDBG Citation 06A Senior Services 570.201(e) Type of Recipient ~ ~ CDBG National Objective Local Government 570.208(a)(2) -Low /Mod Limited Clientele Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units People (Generaq ~ 1,800 Local ID Units Upon Completion 1110 Funding Source: CDBG $10,400 ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $10,400 The primary purpose of this project is to help: ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of. Rancho Cucamonga Page 45 2012-2013 Annual Action Plan -April 18, 2012 P235 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Jurisdiction's Name City of Rancho Cucamonga Priority Need Youth services, fair housing counseling, tenant/landlord counseling, as well as other public.services. Project Support public service agencies that assist groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Activity Steelworkers Oldtimers Foundation -Senior Nutrition Description The nutrition program is run from the Senior Center in which 22,500 hot meals would be provided at the RC Senior Center and 16,250 meals prepared for home delivery. Oldtimers Foundation is located at 8572 Sierra Avenue, Fontana, CA 92335. Objective Category ® Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome Category ® Availability/Accessibility ^ Affordability ^ 6ustainability Location/Target Area: Community Wide program run from the James L. Brulte Senior Center 11200 Base Line Road (City, State, Zip Code): Rancho Cucamonga, CA 91730 Specific Objective Number Project ID SL-1 0013 HUD Matrix Code CDBG Citation OSA Senior Services 570.201(e) Type of Recipient - CDBG National Objective Subrecipient Private 670.500(c) 670.208(a)(2) -Low /Mod Limited Clientele Start Date (mm/dd/yyry) Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units People (General) 15,000 Local ID ~ Units Upon Completion 1183 Funding Source: CDBG ~ $6,400 ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total - $8,400 The primary purpose of [his project is to help: ^ [he Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga 2012-2013 Annual Action Plan-April 18, 2012 Page 46 P236 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont. Jurisdiction's Name City of Rancho Cucamonga Priority Need Youth services, fair housing counseling, tenant/landlord counseling, as well as other public services. Project Support public service agencies that assist groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Activity Rancho Cucamonga Public Library - Back to Basics Description The Back to Basic program trains volunteer tutors to work with 7 to 12-year old children identified by school personnel as at-risk (challenged economically and educationally) and who are reading and writing below their grade levels. The Rancho Cucamonga Public Library has two locations, the Archibald Branch is located at 7368 Archibald-Avenue, and the Biane Library is located at 11505 Cultural Center Drive. Objective Category l~ Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome Category ® Availability/Accessibility ^ Affordability ^ Sustainability Rancho Cucamonga Public Library Rancho Cucamonga Public Library Location/Target Area: Archibald Branch Biane Library 7368 Archibald Avenue 11505 Cultural Center Drive (City, State, Zip Code): Rancho Cucamonga, CA 91730 Specific Objective Number Project ID SL-1 0014 HUD Matrix Code CDBG Citation OS Public Services (General) 570.201(e) Type of Recipient CDBG National Objective Local Government 570.208(a)(2) -Low /Mod Limited Clientele Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 ~ ~ 06/30/2013 Performance Indicator Annual Units People (General) 110 Local ID Units Upon Completion 1218 CDBG ~ $7,500 E5G HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other funding Total $7,500 The primary purpose of this project is [o help: ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga 2012-2013 Annual Action Plan -April 18, 2012 Rancho Cucamonga, CA 91739 Funding Source: Page 47 P237 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga .Priority Need Youth services, fair housing counseling, tenant/landlord counseling, as well as other public services. Project Support public service agencies that assist groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Activity IFHMB-Fair Housing Description Fair Housing services include education, counseling, mediation, and legal referral. Inland Fair Housing and Mediation Board is located at 10681 Foothill Boulevard, Suite 101, Rancho Cucamonga, CA 91730. ti Objective Category ® Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome Category ® Availability/Accessibility ^ Affordability ^ Sustainability Location/TargetArea: Community Wide (Street Address): (City, State, Zip Code): Specific Objective Number Project ID SL-1 0015 HUD Matrix Code CDBG Citation O5J Fair Housing.ACtivities (Subject to Public 570.201(e) Services Cap) Type of Recipient CDBG National Objective Subrecipient Private 570.500(c) 570.208(a)(2) -Low /Mod Limited Clientele Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units People 550 Local ID Units Upon Completion 1229 Funding Source: CDBG 58,800 ESG HOME HOPWA Total Formula Prior Year FUnds Assisted Housing PHA Other Funding Total 58,800 The primary purpose of this projett is [o help: ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. Ciry of Rancho Cucamonga 2012-2013 Annual Action Plan -April 38, 2012 Page 48 P238 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga Priority Need Youth services, fair housing counseling, tenant/landlord counseling, as well as other public services. Project Support public service agencies that assist groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Activity Project Sister Family Services Description Project Sister provides sexual assault and violence prevention by working with teens addressing date rape, sexual harassment, and personal safety awareness, and working with seniors, who are vulnerable sexual assault, robbery, burglary, and financial exploitation. Project Sister is located at P.O. Box 1390, Claremont, CA 91711. Objective Category l~ Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome Category ® Availability/Accessibility ^ Affordability ^ Sustainability Location/TargetArea: Community Wide (City, State, Zip Code): Specific Objective Number Project ID SL-1 ~ 0016 HUD Matrix Code ~ CDBG Citation 06G Battered and Abused Spouses ~ 670.201(e) Type of Recipient CDBG National Objective Subrecipient Private 670.500(c) 670.208(a)(2) -Low /Mod Limited Clientele Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) , 07/01/2012 06/30/2013 Performance Indicator Annual Units People (General) 4,750 Local ID Units Upon Completion 1333 Funding Source: CDBG $6,900 ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $6,900 The primary purpose of this project is to help: ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga 2012-2013 Annual Action Plan -April 18, 2012 Page 49 P239 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga Priority Need Youth services, fair housing counseling, tenant/landlord counseling, as well as other public services. Project Support public service agencies that assist groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth=at-risk, and literacy programs. Activity Camp Fire USA Description The program provides a 5-day resident camp session to learn responsibility, -develop skills, and gain confidence while building independence and self- reliance. The camp session is run at Camp Nawakwa, located in the Barton Flats recreation area of the San Bernardino Mountains. Camp Fire USA is located at 9037 Arrow Route, Suite 140, Rancho Cucamonga, CA 91730. Objective Category ®, Suitable Living Environment ^ Decent Housing ^ , Economic Opportunity Outcome Category l~ Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area: (City, State, Zip Code): Specific Objective Number Project ID SL-1 0017 HUD Matrix Code CDBG Citation OSD Youth Services 570.201(e) Type of Recipient CDBG National Objective Subrecipient Private 570.600(c) 570.208(a)(2) -Low /Mod Limited Clientele Start Date (mm/dd/yyyy) ~ Completion Date (mm/dd/yyry) 07/01/2012 - 06/30/2013 Performance Indicator Annual Units People (General) ~ 20 Local ID ~ Units Upon Completion 1334 Funding Source: CDBG $5,700 ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total 55,700 The primary purpose of this project is to help: ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga 2012-2013 Annual Action Plan -April 18, 2012 Page 50 P240 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga Priority Need Youth services, fair housing counseling, tenant/landlord counseling, as well as other Dublic services. Project Support public service agencies that assist groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Activity Rancho Cucamonga CSD -Northtown Collaborative Description The Northtown Collaborative is a community (youth and adult) prevention recreation/human services program provides essential human service programs as well as traditional recreational classes and activities. The program is ..conducted through a joint use agreement with the Rancho Cucamonga Middle School, 10022 Feron Boulevard; and NHDC, 10071 Feron Boulevard. The Community Services Department is located at Rancho Cucamonga City Hall, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Objective Category ® Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome Category ® Availability/Accessibility ^ Affordability ^ Sustainabiliry Northtown Area, south of Foothill, east of Grove, and west of Haven. Location/Target Area: Target Area 1 (CT 21.00, BG 2, 3, 4, 6, & 7) Add (City, State, Zip Code): Specific Objective Number Project ID SL-1 0018 HUD Matrix Code CDBG Citation OS Public Services 570.201(e) Type of Recipient CDBG National Objective Local Government 570.208(a)(2) -Low /Mod Limited Clientele Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units People (General) 6,500 Local ID Units Upon Completion 1379 Funding source: CDBG $8,800 ESG HOME HOPWA Total Formula Prior year Funds Assisted Housing PHA Other Funding Total ~ $8,800 The primary purpose of [his project is to help: ^ the Homeless ^Persons with HIV/AIDS.^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga 2012-2013 Annual Attion Plan -April 18, 2012 Page 51 P241 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga Priority Need Youth services, fair housing counseling, tenant/landlord counseling, as well as other public services. Project Support public service agencies that assist groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Activity National CORE -Hope Through Housing Foundation Description The Hope Through Housing After Schodl and Beyond program is offered on-site at 6 affordable housing communities operated by National CORE.. The program provides after school enrichment to at-risk children and youth living at affordable housing communities with a safe, caring place to improve their grades and build relationships with positive role models. The program will focus on the residents of Monterey Village Apartments, 10244 Arrow Route, Mountainside Apartments, 9281 Foothill Boulevard, Rancho Verde Village, 8837 Grove Avenue, Sycamore Springs, 7127 Archibald Avenue, Sunset Heights, 6230 Haven Avenue, and Villaggio on Route 66, 10220 Foothill Boulevard. Objective Category I~ Suitable living Environment ^ Detent Housing ^ Economic Opportunity Outcome Category I~ Availability/Accessibility ^ Affordability ^ 5us[ainabiliry Location/Target Area: .National Community Renaissance (National CORE) (Street Address): 9065 Haven Avenue, Suite 100 (City, State, Zip Code): Rancho Cucamonga, CA 91730 Specific Objective Number Project ID SL-1 0019 HUD Matrix Code CDBG Citation OS Public Services (General) 570.201(e) Type of Recipient CDBG National Objective Subrecipient Private 570.600(c) 670.208(a)(2) -Low /Mod Limited Clientele Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units People (General) 110 Local ID ~ Units Upon Completion 1384 Funding Source: CDBG $3,600 ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total 53,600 The primary purpose of this project is to help: ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga Page 52 2012-2013 Annual Action Plan-Apri118, 2012 - P242 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name City of Rancho Cucamonga Priority Need. Youth services, fair housing counseling, tenant/landlord counseling, as well as other public services. Project Support public service agencies that assist groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Activity Rancho Cucamonga CSD -Senior Transportation Description The Silver Fox Express program offers door-to-door para-transit service for senior citizens living in Rancho Cucamonga. The programs primary focus is to bring isolated seniors to the James L. Brulte Senior Center for the daily nutrition program and senior classes, programs, and workshops. The program also provides weekly shopping excursions and trips to local doctors/pharmacies. The Community Services Department is located at Rancho Cucamonga City Hall, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Objective Category ® Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome Category ® Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area: Community Wide (Street Address): (City, State, Zip Code): Specific Objective Number Project ID SL-1 0020 ~ - HUD Matrix Code CDBG Citation - ~ , - OSASeniorServices 570.201(e) Type of Recipient CDBG National Objective Local Government 570.208(a)(2) -Low /Mod Limited Clientele Start Date (mm/dd/yyyy) Completion Date (mm/dd/yyyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units People (General) 2,400 Local ID Units Upon Completion 1784 Funding Source: CDBG 515,400 ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding To[al 515,400 The primary purpose of this project is to help: ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga 2012-2013 Annual Action Plan-April 18, 2012 Page 53 P243 Table 15: Consolidated Plan Listing of Projects (HUD Table 3C Cont.) Jurisdiction's Name .City of Rancho Cucamonga Priority Need Youth services, fair housing counseling, tenant/landlord counseling, as well as other public services. Project Support public service agencies that assist groups in the highest priority categories including: fair housing counseling, landlord-tenant mediation, homeless and food assistance, emergency shelters, domestic violence shelters, and senior, youth-at-risk, and literacy programs. Activity Rancho Cucamonga CMO -Northtown/CASA Description The Cocinando Amigos Saludables y Alegres (CASA) program provides a bi- lingual healthy eating/cooking program to educate and support Latino families in the Northtown neighborhood of the City, to prepare traditional food that is healthier and more nutritious; as a strategy to prevent diabetes and obesity. The Rancho Cucamonga City Manager's Office currently coordinates the CASA program at the Northtown Community Center, located at 10071 Feron Boulevard, Rancho Cucamonga, CA 91730. Objective Category ® Suitable Living Environment ^ Decent Housing ^ Economic opportunity Outcome Category ® Availability/Accessibility ^ Affordability ^ Sustainability Northtown Area, south of Foothill, east of Grove, arid west of Haven. Location/Target Area: Target Area 1 (CT 21.00, BG 2, 3, 4, 6, & 7) (City, State, Zip Code): Specific Objective Number Project ID SL-1 0021 HUD Matrix Code CDBG Citation OS Public Services (General) 570.201(e) Type of Recipient ~ CDBG National Objective Local Government 570.208(a)(2) -Low /Mod Limited Clientele Start Date (mm/dd/yyyy) Completion Date (mm/dd/ryyy) 07/01/2012 06/30/2013 Performance Indicator Annual Units People (General) 6,500 Local ID Units Upon Completion 1785 Funding Source: CDBG $7,000 ESG HOME HOPWA Total formula Prior Year Funds Assisted Housing PHA Other Funding Total .$7,000 The primary purpose of this project is to help: ^ the Homeless ^Persons with HIV/AIDS ^Persons with Disabilities ^ Public Housing Needs. City of Rancho Cucamonga 2012-2013 Annual Action Plan -April 18, 2012 Page 54 P244 ATTACHMENTS SUPPORTING MAP -LOW/MOD INCOME THRESHOLD CENSUS TRACT BLOCK GROUPS Figure 1: Low/Mod Income Threshold Census Tract Block Groups City of Rancho Cucamonga Page 55 2012-2013 Annual Action Plan-April 18,2D12 P245 APPLICATION FOR FEDERAL ASSISTANCE (HUD FORM SF-424) City of Rancho Cucamonga Page 56 2012-2013 Annual Action Plan-April 18, 2012 -- P246 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing-The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan-Itwill comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) ofthe Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs.. - Drug Free Workplace -Itwill or will continue to provide adrug-free workplace by: 1. Publishing a statement notifying employees thatthe unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees forviolation 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 grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that maybe 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; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employmeniunder 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 calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice undersubparagraph 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 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 City of Rancho Cucamonga. ~ Certifications-Pagel 2012-2013 Annual Action Plan-Apri118, 2012 P247 . . (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 adrug-free workplace throughimplementation of paragraphs 1, 2, 3, 4, S, and 6. Anti-Lobbying-To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 contras, 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 ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connexion with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require thatthe language of paragraph 1 and 2 ofthisanti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontraxs, subgrants, and contraxs under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority ofJurisdision-The consolidated plan is authorized understate and local law (as applicable) and the jurisdixion possesses the legal authority to carry out the programs for which I t is seeking.funding, in accordance with applicable HUD regulations. Consistency with plan-The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWAfunds are consistent with the strategic plan. Section 3 - It will comply with sexion 3 of the Housing and Urban Development Ax of 1968, and implementing regulations at 24 CFR Part 135. L. Dennis Michael Mayor City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 April 18, 2012 City of Rancho Cucamonga Certifications -Page 2 2012-2013 Annual AC[ion Plan-Apri118, 2012 .. P248 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation-It is in full compliance and following a detailed citizen participation plan thatsatisfies the requirements of 24 CFR 91.105. Community Development Plan -Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarilyfor persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570). Following aPlan - It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved 6y HUD. Use of Funds - It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year 2012 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied bymoderate-income (not low-income) families, an assessment orcharge may be made against the propertyfor public improvements financed by a source otherthan CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force - 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 A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within City of Rancho Cucamonga Certifications -Page 3 2012-2013 Annual Action Plan -April 18, 2012 P249 its jurisdiction; Compliance With Anti-discrimination laws -The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K, and R; Compliance with Laws - It will comply with applicable laws. April 18; 2012 L. Dennis Michael Mayor City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City of Rancho Cucamonga Certifications -Page 4 2012-2013 Annual Action Plan-APril 18, 2012 P250 Appendix to Certifications INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbvine Certification This certification is a material representation of fact upon which reliance was placed when this transaction wasmade'orenteredinto. Submissionofthiscertificationisaprerequisiteformakingor entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drux-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the graritee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces undergrants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at. the time of application, or upon award, if there is no application, the. grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR Part 24, subpart F. Place Name ~ Street City County State Zip Definitions ofterms in the Nonprocurement Suspension and Debarment common rule and City of Rancho Cucamonga Certifications -Page 5 2012-2013 Annual Ac[ion Plan -April 18, 2012 P251 Drug-Free Workplace common rule apply to this certification. Grantees'attentioniscalled, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules (through V of the Controlled Substances Ad (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the ..manufacture, distribution, dispensing, use, or possessiori of any controlled substance; "Employee"means the employee of a grantee directly engaged in the perforrriance of work under a grant, including: (i) All "direct charge" employees; (ii) All "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). . City of Rancho Cucamonga ~ Certifications -Page 6 2012-2013 Annual Action Plan -April 18, 2012 O ~+ .~ O V L 0 a C~ m ca L ~~ V C a 0 a ca a N r N 0 N OO r ~L a a _~ ~ ~ ~ O to ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ O ~~ o '' cv ~ O N O ~ ~ M N ~ ~ ~ N O .Q O Q ~ ~ N ~--+ r o ~ ~ - a ~ ~ M O N O ~. ~ _~ ~ ~ O ~ p N :~:+ ~ Q ~ N ~ L ~ ~ ~ _ ~ ~ a ~ ~ z 4n °rv °eg°: $ a ~ 83°3 g a ~ s ~ n o t ~ p .: z~~o u o i a a a c" g l7 ~ ~-~ o Q d : c m m ~ e F z N V f rrv N 6 O J G S O N C r C Z J O V ,... ~C~ ,.~ ,_1 ~~~ C ~ ,.gin ""'~L °..~ a ^!~+ V Q 3 C ~, ~ ~ }' ~ O ~ ` a :~. o c a ~ ~ ~ O ~ I Q I o U L 0 ~ ~ ~ ~ m °~ U o L ~ N ~ N - O ~ ~ ~ I Q N ~ r ~ ~ ~ ~ ~ ~ 0 ~ ~ r ~ M ~ ~ ~ ~ ~ c ~ ~_ ~ ~ > ~ ~ can can a~ ~ O .c~ ~ ~ .-. 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Service Area 2 B. Scope of Services 2 II. BUDGET 2 III. TIME OF PERFORMANCE 2 IV. COMPENSATION AND METHOD OF PAYMENT 2 V. NOTICES 3 VI. GENERAL CONDITIONS 3 A. City Review 3 B. Subrecipient Status 3 C. Indemnification 3 D. Compliance with Laws and Assurances 4 E. Independent Contractor 4 F. Assignment 4 G. Suspension or Termination 4 H. Insurance & Bonding 5 1. Workers' Compensation Insurance 5 2. Public Liability and Property Damage 6 3. General Insurance Requirements 6 National Objective 6 J. Amendments;Variations 7 K. Changes in Grant Allocation 7 L. Fiscal Limitations 7 M. Program Monitoring 8 VII. ADMINISTRATIVE REQUIREMENTS 8 A. Financial Management 8 1. Accounting Standards 8 2. Cost Principles 9 3. Joint Funding 9 B. Documentation & Record Keeping 9 1. Records to be Maintained 9 2. Records Retention 10 3. Reversion of Assets 10 4. Close Outs 10 5. Audits 11 C. Reporting 11 1. Program Reporting 12 2. Program Income 12 D. Procurement 12 1. OMB Standards 12 2. Purchase and Invoice Deadlines 13 3. Non-Expendable Property 13 4. Expendable Personal Property 13 5. Purchase or Lease of Non-Expendable Property or Equipment 13 6. Travel and Conference Restrictions 14 City of Rancho Cucamonga Pagel 2012-2013 Program Year Community Development Block Grant Program 7. Procurement and Construction Contracts 14 VIII. PERSONNEL AND PARTICIPANT CONDITIONS 16 A. Affirmative Action Policy 16 1. Provision of Program Services 17 2. Employment Discrimination 19 3. Section 3 Clause 21 B. Conduct - 23 1. Subcontracts 23 a. Approvals 23 b. Monitoring 23 c. Content 23 d. Selection Process 23 2. Conflict of Interest 23 3. Lobbying& Lobbying Certification 24 4. No Benefit to Arise to Local Employee 25 5. Use of Funds for Entertainment or Gifts 25 6. Copyright • 25 7. Religious Proselytizing or Political Activities 25 8. Equal Employment Opportunity • 25 IX. SEVERABILITY 26 X. SECTION HEADINGS AND SUBHEADINGS 26 XI. COUNTERPARTS 26 XII. EXHIBITS 26 XIII. ENTIRE AGREEMENT 26 SIGNATURE PAGE 27 EXHIBIT A 28 EXHIBIT B 31 EXHIBIT C 32 City of Rancho Cucamonga Page ii 2012-2013 Program Year Community Development Block Grant Program This Agreement is made and entered into this 1St day of July 2012, between the City of Rancho Cucamonga (hereinafter referred to as the"CITY"),and the FOOTILL FAMILY SHELTER,a non-profit organization under the laws of the State of California(hereinafter referred to as the"SUBRECIPIENT")for the purposes of providing a transitional shelter for homeless families with children. RECITALS 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 the Housing and Community Development Act of 1974(hereinafter referred to as the "ACT"), as amended; and WHEREAS, pursuant to Section 570.208(a)(2)of Chapter 24 of the U.S.Code of Federal Regulations("C.F.R."), an objective of the CITY's CDBG program is to provide benefit to low- and moderate-income families including homeless individuals and families; and WHEREAS,pursuant to§ 570.201(e),this benefit may be provided as a necessary public service program;and WHEREAS, the CITY and SUBRECIPIENT propose to provide the community with facilities available for a transitional shelter for homeless families with children; and WHEREAS, SUBRECIPIENT is qualified by virtue of its experience to participate in the CDBG program. NOW,THEREFORE, in consideration of the performance of the promises,covenants,and conditions stated herein, the Parties hereto agree as follows: City of Rancho Cucamonga Page 1 2012-2013 Program Year Community Development Block Grant Program AGREEEMENT SCOPE OF SERVICES A. Service Area The service area is the CITY. B. Scope of Services The FOOTHILL FAMILY SHELTER, as the SUBRECIPIENT shall perform all the services described in the project description and Scope of Services set forth as Exhibit A to this Agreement, a copy of which is attached hereto and incorporated herein by reference. II. BUDGET The SUBRECIPIENT shall comply with the budget specified in Exhibit A to this Agreement,a copy of which is attached hereto and incorporated herein by reference. III. TIME OF PERFORMANCE The described services of the SUBRECIPIENT are to commence on July 1, 2012, and shall be completed no later than June 30, 2013. IV. COMPENSATION AND METHOD OF PAYMENT CITY shall reimburse for allowable costs incurred under the scope of this Agreement and applicable federal regulations,which have not been paid for or reimbursed in any other manner by any other Agency or private source of funding. Reimbursement will be made no more than on a monthly basis, with the total of all reimbursements not to exceed $3,500. Drawdowns for the payment of eligible expenses shall be made against the budget specified in Exhibit A and in accordance with performance. Payments will contingent upon certification of the SUBRECIPIENT's financial management system in accordance with the standards specified in OMB Circular A-110, Subpart C, paragraph .21, Standards for Financial Management Systems. Disbursement of payment to SUBRECIPIENT shall be made by monthly reimbursements,contingent upon CITY's receipt of a monthly summary statement for all previous month's expenditures. Monthly expenditure reports shall be documented with"Audit Ready"supportive evidence of each expenditure and proof of payment, in accordance with HUD regulations. Reimbursement shall be limited to the total of approved properly documented expenditures. City of Rancho Cucamonga Page 2 2012-2013 Program Year Community Development Block Grant Program SUBRECIPIENT must submit the monthly expenditure reports by the 15th calendar day of the month following the month of services, regardless of expenditure amount. Within 30 days of receipt by CITY of each properly documented and timely submitted expenditure report, CITY will draw a warrant in favor of SUBRECIPIENT for approved expenditure amounts. Expenditure reports received after the.15th calendar day of the month in which payment is requested will cause unavoidable delays in payment processing. V. NOTICES All notices,memoranda, reports,drafts,and communications shall be served in writing. The notices shall be sent to the following addresses: SUBRECIPIENT: CITY: Mary Sheets Thomas Grahn Foothill Family Shelter City of Rancho Cucamonga 1501 West 9th Street, Suite D 10500 Civic Center Drive Upland, CA 91786 P.O. Box 807 Rancho Cucamonga, CA 91729-0807 VI. GENERAL CONDITIONS A. City Review The CITY reserves the right to review and approve actions and decisions taken by SUBRECIPIENT regarding operation of a transitional shelter for homeless families with children for compliance with all applicable regulations. B. Subrecipient Status 1. The CITY recognizes SUBRECIPIENT as an independent non-profit organization and agrees to cooperate in protecting its image as a politically neutral organization. 2. SUBRECIPIENT warrants and agrees that it is not a party listed on the General Service Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos. 12549 and 12689,"Debarment and Suspension." If the amount of this Agreement exceeds the small purchase threshold established by 41 U.S.C. §403(11)(currently$100,000), SUBRECIPIENT agrees to provide the required certification regarding its exclusion status. C. Indemnification City of Rancho Cucamonga Page 3 2012-2013 Program Year Community Development Block Grant Program SUBRECIPIENT shall indemnify and hold harmless CITY, its elected and appointed officials, officers,agents,and employees from all liability from loss, damage,or injury to persons or property, including the payment by SUBRECIPIENT of any and all legal costs and attorney's fees,in any manner arising out of or incidental to the performance by SUBRECIPIENT of this Agreement,including but not limited to,all consequential damages,to the maximum extent permitted by law. D. Compliance with Laws and Assurances SUBRECIPIENT hereby assures and certifies that it has complied and will continue to comply with the ACT and all applicable federal, state, and local laws, ordinances, regulations, policies,guidelines,and requirements as they relate to acceptance and use for federal funds for this federally assisted program. This Agreement is subject to all such laws, ordinances, regulations,policies,and guidelines,including without limitation,the ACT,24 C.F.R. Part 85; 24 C.F.R. Part 570;and U.S.Office of Management and Budget("OMB")Circulars applicable, including without limitation,A-87, A-97, A-102,A-110, A-122,A-127, and A-133. E. Independent Contractor The parties hereto in the performance of this Agreement will be acting in the independent capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees,officers,officials,agents,and volunteers of one party shall not be deemed or construed to be the agent or employees of the other party for any purpose whatsoever. F. Assignment This Agreement is not assignable by SUBRECIPIENT without the express prior written consent of CITY,which consent shall be given at the CITY's sole discretion. Any attempt by SUBRECIPIENT to assign any performance of the terms of this Agreement shall be void and shall constitute a material breach of this Agreement upon which the CITY may, among its other remedies, and without limitation, cancel,terminate, or suspend this Agreement. G. Suspension or Termination This Agreement may be terminated in whole or in part at any time by either party upon giving their 30 days notice in writing to the other party. Agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions City of Rancho Cucamonga Page 4 2012-2013 Program Year Community Development Block Grant Program of 24 C.F.R. § 85.44, Termination for Convenience. CITY's Planning Director is hereby empowered to give the notice subject to ratification by the City Council. In addition, CITY may immediately terminate this Agreement 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 Agreement is • rendered improbable, infeasible, or impossible. If the SUBRECIPIENT materially fails to comply with any term of this Agreement,CITY may take one or more of the actions provided under 24 C.F.R. § 85.43, Enforcement, which includes temporarily withholding cash, disallowing non-compliant costs,wholly or partly terminating the award,withholding future awards, and other remedies that are legally available. In such event, the SUBRECIPIENT 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 been previously reimbursed,to the date of the termination to the extent that CDBG funds are available from HUD. H. Insurance& Bonding The SUBRECIPIENT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the SUBRECIPIENT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. The SUBRECIPIENT shall take out and maintain at all times during the terms of this Agreement the following policies of insurance: 1. Workers' Compensation Insurance Before beginning work, the SUBRECIPIENT shall furnish to CITY a certificate of insurance as proof that it has taken out full Workers' Compensation Insurance for all persons who it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. The SUBRECIPIENT, prior to commencing work, shall sign and file with CITY a certification as follows (Exhibit C): City of Rancho Cucamonga Page 5 2012-2013 Program Year Community Development Block Grant Program I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this Agreement. 2. Public Liability and Property Damage Throughout the term of this Agreement,at SUBRECIPIENT's sole cost and expense, the SUBRECIPIENT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of the CITY and SUBRECIPIENT,comprehensive,broad form,general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from the SUBRECIPIENT's activities, providing protection of at least $500,000 for bodily injury or death to any one person or for any one accident or occurrence and at least $500,000 for property damage. 3. General Insurance Requirements All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs_.21(c)to(e)and of paragraph _.31 of Subpart C of OMB Circular A-110 shall name as additional insured CITY,its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non-contributing with any insurance that may be carried by CITY;and(3)they cannot be canceled or materially changed except after 30 days notice by the insurer to CITY by certified mail. SUBRECIPIENT. may effect for its own account insurance not required under this Agreement. 4. The SUBRECIPIENT shall comply with all bonding and insurance requirements as required by OMB Circular A-102 Attachment B, OMB Circular A-110, and other relevant regulations. National Objective The SUBRECIPIENT agrees to guarantee that at least 51 percent of the beneficiaries of the program identified in Exhibit A,Scope of Services,are low-and moderate-income persons or City of Rancho Cucamonga Page 6 2012-2013 Program Year Community Development Block Grant Program households. Under CDBG regulation,the following clientele categories are presumed to be low-and moderate-income persons and can qualify for service regardless of income:abused children, battered spouses, illiterate persons, and migrant farm workers. Beneficiaries qualifying on the basis of income shall have an annual income equal to or less than the HUD Section 8(of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits for the Riverside-San Bernardino-Ontario MSA define the maximum family income for low- and moderate-income households. The SUBRECIPIENT is responsible for obtaining from CITY the current applicable HUD Section 8 Income Limits for each year of the Contract term identified in Section III of this Agreement,Time of Performance. The SUBRECIPIENT shall retain these forms for 3 years after conclusion of their contract. J. Amendments;Variations The CITY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement,and are executed in writing,signed by a duly authorized representative of both organizations, and approved by the CITY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the CITY or SUBRECIPIENT from its obligations under this Agreement. The CITY may, in its discretion,amend this Agreement to conform with changes to federal, state,or local governmental guidelines,policies,and available funding amounts,or for other reasons. If, however,such changes results in a change in the funding,scope of services,or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both CITY and SUBRECIPIENT. K. Changes in Grant Allocation CITY reserves the right to reduce the grant allocation when CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with the SUBRECIPIENT. Such changes shall be incorporated into this Agreement by written amendments. L. Fiscal Limitations The United States of America through HUD may in the future place programmatic or fiscal limitation(s)on CDBG funds not presently anticipated. Accordingly,CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. City of Rancho Cucamonga Page 7 2012-2013 Program Year Community Development Block Grant Program In the event of funding reduction,CITY may reduce the budget of Agreement as a whole or as to cost category, and may at its sole discretion, limit the SUBRECIPIENT's authority to commit and spend funds,and may restrict the SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding that affects funding for this Agreement, the Planning Director or his/her designee may act for CITY in implementing and effecting such a reduction in revising the Agreement for such purpose. The Planning Director or his/her designee may act for CITY in suspending the operation of the Agreement for up to 60 days, upon 3 days written notice to the SUBRECIPIENT of his/her intention to so act. In no event, however, shall any revision made by CITY affect expenditures and legally binding commitments made by the SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. M. Program Monitoring The CITY will conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable objectives achieved,effectiveness of program management,and impact of the program. Authorized representatives of CITY and HUD shall have the right of access to all activities and facilities operated by the SUBRECIPIENT 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 inspection by CITY and HUD representatives,and ensure that its employees and board members furnish such information, as in the judgment of CITY and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The SUBRECIPIENT agrees to comply with OMB Circular A-110, Subpart C, paragraph_.21,Standards for Financial Management,and agrees to adhere to the accounting principles and procedures required therein,as well as the standards set City of Rancho Cucamonga Page 8 _ 2012-2013 Program Year Community Development Block Grant Program forth in 24 CFR § 84.21-84.28, to utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The SUBRECIPIENT shall administer its program in conformance with OMB Circular A-122 "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs whether charged on a direct or indirect basis. 3. Joint Funding For programs in which there are sources of funds in addition to CDBG funds, the SUBRECIPIENT shall provide proof of such funding. The CITY shall not pay for any services provided by the SUBRECIPIENT that are funded by other sources. All restrictions and/or requirements provided in this agreement relative to accounting, budgeting,and reporting apply to the total program regardless of funding sources. B. Documentation & Record Keeping 1. Records to be Maintained The SUBRECIPIENT shall maintain all records: (1) required by the Federal Regulations specified in 24 C.F.R. § 570.506, (2) pertinent to the activities to be funded under this Agreement, or(3)required by the Federal Register Notices. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisitions,improvements,and use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with affirmative action and citizen participation components of the CDBG program; f. Financial records as required by 24 C.F.R. § 570.502, and OMB Circular A- 110; City of Rancho Cucamonga Page 9 2012-2013 Program Year Community Development Block Grant Program g. Other records necessary to document compliance with 24 C.F.R. Part 570, Subpart K;and h. Other records necessary to document income eligibility requirements of participants. 2. Records Retention • The SUBRECIPIENT shall maintain all records required by the Federal Regulations specified in 24 C.F.R. § 570.506, that are pertinent to the activities funded under this Agreement, and as further described in Exhibit A. Financial records, supporting documents, statistical records,and all other records pertaining to the use of the funds provided under this Agreement shall be retained by the SUBRECIPIENT for a period of 4 years, at a minimum, and in the event of litigation,claim,or audit,the records shall be retained until all litigation,claims,and audit findings involving the records have been fully resolved. Records for non- expendable property acquired with federal funds provided under this Agreement shall be retained for 4 years after the final disposition of such property. 3. Reversion of Assets Upon the expiration or termination of this Agreement,for any reason whatsoever, the SUBRECIPIENT shall forthwith transfer to CITY,any CDBG funds on hand at the time of such expiration or termination and any accounts receivable attributable to the use of CDBG funds including, without limitation, program income. Any real property under the control of SUBRECIPIENT that was acquired or improved in whole or in part with CDBG funds in excess of$25,000 shall either be: (a) used to meet one of the national objectives set forth in 24 C.F.R. § 570.208, or any successor statute, until 5 years after the expiration or termination of the Agreement, or for such longer period of time as determined to be appropriate by the CITY at its sole discretion; or (b) disposed of in a manner that results in the CITY's being reimbursed in the amount of the current fair market value of real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, such real property. 4. Close Outs City of Rancho Cucamonga Page 10 2012-2013 Program Year Community Development Block Grant Program The SUBRECIPIENT's obligation to the CITY shall not end until all closeout requirements are completed. Activities during this close-out period shall include,. but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records. 5. Audits The SUBRECIPIENT is required to arrange for an independent financial and compliance audit annually for each fiscal year federal funds are received or expended under this Agreement. Audits must comply with OMB Circular A-133. An audit may be conducted by federal,state, or local funding source agencies as part of the CITY's audit responsibilities. The results of the independent audit must be submitted to the CITY within 30 days of completion. Within 30 days of submission of the audit report, the SUBRECIPIENT shall provide a written response to all conditions of findings reported in the audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All conditions or finding correction actions shall take place within 6 months after receipt of the audit report. CITY and its authorized representatives shall at all times,have access for the purpose of audit or inspection, to any and all books, documents, papers, records, property, and premises of the SUBRECIPIENT. The SUBRECIPIENT's staff will cooperate fully with authorized auditors when they conduct audits and examinations of the SUBRECIPIENT's program. If indications of misappropriation or misapplication of the funds of this Contract cause CITY to require a special audit, the cost of the audit will be encumbered and deducted from this Contract budget. Should CITY subsequently determine that the special audit was not warranted,the amount encumbered will be restored to the Contract budget. Should the special audit confirm misappropriation or misapplication of funds, the SUBRECIPIENT shall reimburse CITY the amount of misappropriate or misapplication. In the event CITY uses the judicial system to recover misappropriated or misapplied funds,the SUBRECIPIENT shall reimburse CITY legal fees and court costs in addition to awards. C. Reporting City of Rancho Cucamonga Page 11 2012-2013 Program Year Community Development Block Grant Program 1. Program Reporting The SUBRECIPIENT agrees to prepare and submit.financial, .program progress, evaluations, and other reports as required by HUD, or CITY. The SUBRECIPIENT shall maintain such property, personnel,financial,and other records and accounts as are considered necessary by HUD or CITY to assure proper accounting for all Contract funds, as specified in Exhibit A. All the SUBRECIPIENT's records, with the exception of confidential client information, shall be made available to representatives of CITY and the appropriate federal agencies. The SUBRECIPIENT is required to submit data necessary to complete the Consolidated Plan Annual , Performance and Evaluation Report in accordance with HUD regulations in the format and at the time designated by the CITY. The SUBRECIPIENT shall complete and deliver to CITY a"Summary of Activities Having Direct Benefits"Form(Exhibit B) on or before the 15th of the month following the month being reported, or as otherwise required by HUD. 2. Program Income The SUBRECIPIENT shall report,on a monthly basis,all program income as defined by 24 C.F.R. § 570.500(a)generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth in 24 C.F.R. § 570.504. By way of further limitations, the SUBRECIPIENT may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of such program balances on hand. All unused program income shall be returned to the CITY at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the CITY. D. Procurement 1. OMB Standards To the extent any funds received by SUBRECIPIENT under this Agreement are used for procurement of materials,property,or services,the SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements OMB Circular A-110, Subpart C, paragraphs_.40 to_.48, Procurement Standards. City of Rancho Cucamonga Page 12 2012-2013 Program Year Community Development Block Grant Program 2. Purchase and Invoice Deadlines Purchase of equipment or property must be completed before the last 3 months of the initial performance period and all equipment bills are to be paid before the last 2 months of this period. No expendable or non-expendable property or equipment is to be purchased during the final 3 months of the initial performance period unless approved by CITY in writing. Invoices for all obligations incurred under this Contract must be submitted to CITY's Planning Department within 60 days after the initial performance period termination date or they may not be honored. Exceptions to the preceding limitations require prior written approval by the CITY. 3. Non-Expendable Property A record shall be maintained by the SUBRECIPIENT for each item of non-expendable property acquired for this program with CDBG funds. This record shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of the CITY. Non-expendable property means tangible personal property having a useful life of more than 1 year and an acquisition cost of $300 or more per unit. The SUBRECIPIENT shall not purchase or agree to purchase non-expendable property without the prior written approval from the CITY. Upon completion or early termination of this Agreement, CITY reserves the right to determine the final disposition of the non-expendable property acquired for this program and CDBG funds in compliance with applicable laws and regulations. The disposition may include, but is not limited to, CITY taking possession of the non- expendable property. 4. Expendable Personal Property Expendable personal property refers to all tangible personal property other than non-expendable personal property. The SUBRECIPIENT shall not purchase or agree to purchase expendable personal property with a unit value of$300 or more per unit without the prior written approval of the CITY. 5. Purchase or Lease of Non-Expendable Property or Equipment The SUBRECIPIENT shall obtain 3 documented bids prior to purchasing or leasing any non-expendable personal property or equipment over$300 in unit value. The SUBRECIPIENT shall purchase or lease from the lowest responsive and responsible City of Rancho Cucamonga Page 13 2012-2013 Program Year Community Development Block Grant Program • • bidder. All equipment that has a purchase or lease price of over$50 in unit value and life expectancy of more than 1 year shall be properly identified and inventoried and shall be charged at its actual price. This inventory shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of CITY. 6. Travel and Conference Restrictions The SUBRECIPIENT certifies and agrees that travel and conference expenses will not be paid for by funds provided through this Agreement. 7. Procurement and Construction Contracts To the extent the Scope of Services set for in Exhibit A includes procurement and construction activities, all procurement and construction contracts shall comply with all relevant portions of OMB Circular A-110, including, but not limited to,the provisions required by OMB Circular A-110 Appendix A as described below: a. Provisions or conditions that allow for administrative,contractual,or legal remedies for breach of contract, and sanctions and penalties for the breach; this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); b. Provisions for termination for cause and for convenience by SUBRECIPIENT, the manner that such termination will be effected, and the basis for settlement;this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); c. Provisions requiring compliance with Executive Order No. 11246, entitled "Equal Employment Opportunity" as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity" and as supplemented in Department of Labor Regulations (41 C.F.R. Chapter 60). (This Order provides, in part, that no person shall be discriminated against on the basis of race, color, religion, sex,or national origin in all phases of employment during the performance of federally assisted construction contracts); City of Rancho Cucamonga Page 14 2012-2013 Program Year Community Development Block Grant Program d. Provisions evidencing compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. § 74) as supplemented by Department of Labor regulations 29 C.F.R. Part 3, (this Act makes it a criminal offense for any person to induce, by any manner whatsoever, any person employed in the construction, prosecution, completion, or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States,to give up any part of the compensation to which he is entitled under his contract of employment); this condition is • required of all contracts and subgrants in excess of$2,000 for construction or repair; e. Provisions evidencing compliance with the Davis-Bacon Act (40 U.S.C. § 276a to a-7) as supplemented by Department of Labor regulations 29 C.F.R. Part 6, (this Act requires provisions regarding minimum wages, fringe benefits, payments with deductions or rebates, withholding funds from contractors to ensure compliance with the wage provision, and termination of the contract or debarment for failure to adhere to the required priority); this condition is required only for construction contracts in excess of$2,000; f. Notice of any CITY requirements and regulations pertaining to reporting copyrights and patents in accordance with 37 C.F.R. Part 401; g. Access by SUBRECIPIENT, the CITY, the federal grantor agency, the Comptroller General of the United States, or documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions; h. Provisions requiring retention of all required records for 3 years after CITY makes final payments and all other pending matters are closed; For contracts in excess of$100,000, provisions requiring compliance with all applicable standards, orders, or requirements of the Clear Air Act (42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act as amended(33 U.S.C. § 1251 etseq.);and provisions requiring that violations City of Rancho Cucamonga Page 15 2012-2013 Program Year Community Development Block Grant Program • of the Clean Air Act and the Federal Water Pollution Control Act be reported to the federal grant awarding agency and the Regional Office of the U.S. Environmental Protection Agency("EPA"); j. Mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163). k. Where applicable, all contracts in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Contracts or agreements for the performance of experimental, development, or research work shall provide for the rights of the Federal Government and the recipient in a resulting invention in accordance with 37 C.F.R. Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." m. Contractors who apply or bid for an award of$100,000 or more shall file the required certification in compliance with 31 U.S.C. § 1352, "Byrd Anti- Lobbying Amendment." n. No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos.12549 and 12689, "Debarment and Suspension." Contractors with awards in excess of the small purchase threshold shall provide the required certification regarding exclusion status. VIII. PERSONNEL AND PARTICIPANT CONDITIONS A. Affirmative Action Policy City of Rancho Cucamonga Page 16 2012-2013 Program Year Community Development Block Grant Program • The SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition,the SUBRECIPIENT shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or because of this program. 1. Provision of Program Services a. The SUBRECIPIENT shall not on the ground of race, color, national origin, sex, handicap or familial status exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. The SUBRECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the ground of race, color, national origin, sex, handicap or familial status: 1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. 2) Provide any facilities,services,financial aid,or other benefits that are different or are provided in a different form from that provided to others under the program or activity. 3) Subject to segregated or separate treatment in any facility in,or in any manner of process related to receipt of any service or benefit under the program or activity. 4) Restrict in any way access to,or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity. 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity. City of Rancho Cucamonga Page 17 2012-2013 Program Year Community Development Block Grant Program 6) Deny an opportunity to participate in a program or activity as an employee. c. The SUBRECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race,color,national origin,sex,handicap,or familial status or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity for individuals of a particular race, color, national origin, sex, handicap or familial status. d. The SUBRECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race,color,national origin,sex,handicap, or familial status or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto. 1) In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUBRECIPIENT has previously discriminated against persons on the grounds of race, color, national origin,sex,handicap,or familial status,the SUBRECIPIENT must take affirmative action to overcome the effects of prior discrimination. 2) Even in the absence of such prior discrimination, the SUBRECIPIENT, in administering a program or activity funded in whole or in part with CDBG funds,should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, sex, handicap, or familial status. Where previous discriminatory practice or usage tends, on the grounds of race, color, national origin, sex, handicap, or familial status,to exclude individuals from participation in,to deny them the benefits of, or City of Rancho Cucamonga Page 18 2012-2013 Program Year Community Development Block Grant Program to subject them to discrimination under any program or activity to which CDBG funding applies,the SUBRECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage,and to accomplish the purpose of the Civil Rights Act of 1964. 3) The SUBRECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. e. Notwithstanding anything to the contrary in the provisions under Section VIII.A(1)(b)(1)-(6), nothing contained herein shall be construed to prohibit the SUBRECIPIENT from maintaining or constructing separate living facilities or rest room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, handicap, or familial status. The SUBRECIPIENT shall take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, religion, sex, national origin, age, handicap, or familial status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous place available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. City of Rancho Cucamonga Page 19 2012-2013 Program Year Community Development Block Grant Program • b. The SUBRECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regards to race, color, religion, sex, national origin, age, handicap, or familial status. c. The SUBRECIPIENT shall 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 CITY's contracting officers advising the labor union or workers' representative of the SUBRECIPIENT's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. The SUBRECIPIENT shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The SUBRECIPIENT shall furnish to the CITY all information and reports required by Executive Order No. 11246 of September 24, 1965,and by the related rules, regulations, and orders. f. In the event of the SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement,the CITY may cancel,terminate,or suspend in whole or in part its performance and the SUBRECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11245 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The SUBRECIPIENT shall include the provisions of the "Affirmative Action Policy,"Section VIII.A and all relevant subsections,in every sub-contract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order City of Rancho Cucamonga Page 20 2012-2013 Program Year Community Development Block Grant Program No. 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. The SUBRECIPIENT shall take such action for any sub-contract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however,that,in the event the SUBRECIPIENT becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the CITY, the SUBRECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. The SUBRECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) or regarding any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973(29 U.S.C. § 794). The SUBRECIPIENT shall also provide ready access to and use of all CDBG fund assisted buildings to physically handicapped persons in compliance with the standards established-in the Architectural Barriers Act of 1968 (42 U.S.C. §4151 et seq.) and the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.). 1) Remedies: In the event of SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the City may cancel, terminate, or suspend in whole or in part its performance and SUBRECIPIENT may be declared ineligible for further Government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. 3. Section 3 Clause a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended 12 U.S.C. § 1702u(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,to City of Rancho Cucamonga Page 21 2012-2013 Program Year Community Development Block Grant Program the greatest extent feasible, be directed to low- and very-low income persons. b. The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by the execution of this contract,the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the SUBRECIPIENT's commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles, subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135,and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations of 24 C.F.R. Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require City of Rancho Cucamonga Page 22 2012-2013 Program Year Community Development Block Grant Program employment opportunities to be directed, were not to circumvent the SUBRECIPIENT's obligations under 24 C.F.R. Part 135. f. Noncompliance with regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. B. Conduct 1. Subcontracts a. Approvals The SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY, prior to the execution of such agreement. b. Monitoring The SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of non-compliance. c. Content The SUBRECIPIENT shall cause all of the provisions of this contract, in its entirety,to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The SUBRECIPIENT shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process. 2. Conflict of Interest The SUBRECIPIENT agrees to abide by the provisions of 24 C.F.R. § 570.611 regarding conflicts of interest. The SUBRECIPIENT certifies that no member,officer, or employee of the SUBRECIPIENT is an officer or employee of the CITY, or a City of Rancho Cucamonga Page 23 2012-2013 Program Year Community Development Block Grant Program member of any of its boards, commissions, or committees or has any interest or holding which could be affected by any actions taken in execution of this agreement. 3. Lobbying & Lobbying Certification The SUBRECIPIENT certifies,to the best of their knowledge and belief, that: a. 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 in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract,grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency,a Member of Congress,an officer or employee 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. c. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements), and that all SUBRECIPIENT's shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352, and the "Byrd Anti-Lobbying Amendment." Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Rancho Cucamonga Page 24 2012-2013 Program Year Community Development Block Grant Program 4. No Benefit to Arise to Local Employee No member, officer, or employee of the CITY, or its designees or agents, no member of the governing body of CITY, and no other public official who exercises any functions or responsibilities regarding the program during his tenure or for 1 year thereafter, shall have any interest, direct or indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof,for work to be performed in connection with the program assisted under this Agreement. 5. Use of Funds for Entertainment or Gifts The SUBRECIPIENT certifies and agrees that it will not use funds provided through this Contract to pay for entertainment or gifts. 6. Copyright If this contract results in any copyrightable material or inventions,the CITY and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use,the work or materials for government purposes. The SUBRECIPIENT agrees to comply with 37 C.F.R. Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contract and Cooperative • Agreements," and any implementing regulations issued by the awarding agency. 7. Religious Proselytizing or Political Activities The SUBRECIPIENT agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. 8. Equal Employment Opportunity In addition to the Affirmative Action Policy described in Section VIII.A of this Agreement, SUBRECIPIENT agrees to comply with all applicable provisions of Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375,"Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at City of Rancho Cucamonga Page 25 2012-2013 Program Year Community Development Block Grant Program 41 C.F.R. Chapter 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." IX. SEVERABILITY If any provision of this Agreement is found to be invalid, void, or unenforceable, the remaining provisions shall, insofar as reasonably possible, continue in full'force in effect without being impaired or invalidated in any way. X. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement XI. COUNTERPARTS This Agreement may be executed in counterparts. When executed, each counterpart shall be deemed an original, irrespective of date of execution. The counterparts shall together constitute one and the same Agreement. XII. EXHIBITS The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. XIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between CITY and SUBRECIPIENT for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and SUBRECIPIENT with respect to this Agreement. In the event of any discrepancy or conflict between this Agreement and the Exhibits, the terms of this Agreement shall control. City of Rancho Cucamonga Page 26 2012-2013 Program Year Community Development Block Grant Program SIGNATURE PAGE IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF RANCHO CUCAMONGA: FOOTHILL FAMILY SHELTER: c_g °°11:"If. , L. Dennis Mic - Mary She Mayor Executive bi. ector c-fb1-1 c9-0-4 Date Date 0 APPROVED AS TO FORM: 7_ ••••"'` J"es Markman qty Attorney Date City of Rancho Cucamonga Page 27 2012-2013 Program Year Community Development Block Grant Program EXHIBIT A SCOPE OF WORK AND BUDGET PROJECT: FOOTHILL FAMILY SHELTER II. CONTACT PERSON: Mary Sheets Foothill Family Shelter 1501 West 9th Street,Suite D Upland, CA 91786 (909) 920-5568 III. SCOPE OF WORK A. General: 1. The SUBRECIPIENT shall administer the following CDBG funded activity: FOOTHILL FAMILY SHELTER, in a manner satisfactory to the CITY and consistent with any standards required as a condition of providing these funds. 2. The SUBRECIPIENT shall handle all administrative duties in conformance with all federal CDBG program requirements,including but not limited to OMB Circulars A- 87, A-97, A-102, A-110, A-122, A-127, and A-133. 3. The SUBRECIPIENT shall provide program guidelines,which include provisions for an annual goal statement and review of accomplishments. A copy of the referenced annual report shall be submitted to the CITY 30 days after its completion. B. Principal Tasks: 1. The SUBRECIPIENT shall provide up to 90-days of shelter to 4 homeless families with children. A variety of support services including job training, parenting education,counseling,mandatory savings,tutoring,and health monitoring shall be provided in order that the recipients may be able to secure job placement and a permanent residence upon leaving the shelter. C. Outreach and Education: 1. The SUBRECIPIENT shall advertise its program to the residents of Rancho Cucamonga in at least 2 citywide publications and on 1 local Hispanic radio station City of Rancho Cucamonga Page 28 2012-2013 Program Year Community Development Block Grant Program by December 31,2012. Evidence of the publications and radio announcement shall be provided to the CITY. D. Records and Reporting: 1. The SUBRECIPIENT shall be responsible for maintaining documentation on financial status, progress toward meeting goals, number and type of services provided,and number of clients assisted from Rancho Cucamonga. 2. The SUBRECIPIENT will comply with HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client level information. SUBRECIPIENT will deliver a copy of the monthly HMIS report to the CITY. 3. The SUBRECIPIENT shall be responsible for reporting data in the following manner: a. Compile a monthly statistical summary report on the number and type of services provided and on the number of clients assisted. Client data shall include the income, ethnicity, age, sex, familial status, disabilities, and female heads of household. b. Prepare a monthly narrative report that describes significant accomplishments, highlights, and problems or issues encountered. This report should include descriptive case studies as applicable. c. Complete monthly direct benefit form (Exhibit B). d. Submit quarterly reports to include the following: 1) Copies of all literature/information disseminated during the previous quarter. 2) Copies of workshop/seminar notices and programs/agendas. 3) Proof of publication for all advertising. 4) Copies of all publications for all advertising. 5) Copies of all regularly published newsletters. 6) Copies of schedules for all activities participated in during the previous quarter. City of Rancho Cucamonga Page 29 2012-2013 Program Year Community Development Block Grant Program • 7) Any other documentation which would verify the SUBRECIPIENT's activities during the quarter. E. Budget:The CITY will fund the activities of the SUBRECIPIENT as described in Section III.A& B, in an amount not to exceed $3,500. The CITY will make monthly payments to the SUBRECIPIENT in the period beginning July 1, 2012, and ending June 30, 2013. Payments will be on a reimbursement basis for the amount of services rendered. F. Payment Request: Submit an original monthly progress payment request which shall be accompanied by "audit ready" supportive evidence of each expenditure and proof of payment(i.e.,payroll, utility bills,rent receipts,material costs,etc.). Compensation shall be provided as outlined in Section IV of the Contract document. • City of Rancho Cucamonga Page 30 2012-2013 Program Year Community Development Block Grant Program sployasnoH k � a E CU CU E papeaH alewaj g o O_ Q g > a O O Ti, a) > CU >> v al CD I N t o 0 0 N L C c ay1O/aDue1e8 3 CO C 0 z.1 c m -0 f0 E ueouawy S °1. a) c ueDU4V Jo�Ioeig 3 -c c « pun ani eN elseiy { v DDo 0 •c JO ueipui ueouawv y m c c a c- T c l!4M o U z c pup ueauawy v o• p E > 1 ! ueDu;y Jo)1Je18 N o r - U 0 i N a) U o ° a OA E �. ) E v E ! u u >" Co u o a�!gMpUn ue!sy u f- cs 0. v4- a u -p O 0 0 0) v 2 N a E d 'i? 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'-' `O v >c o = C O 3 �W aWOJUI MOB 4- 4 j m y o �n E Q _a = c r�o ; _ o v m m • 0 i \ V r U U ++ E co t u v; l7 0 N V) c (HA %O8 04%TS) .� o '� Y v 'CU a) 0 — awooul POW/Mol u -C -C ° s C m y > a) 0 H . +T+ - +' O - N c t N c m m E a (13W%O8 anogy) i ; — c0o U • t c s E o m e z p awooul pow anogy W C a - ° c a._ 8 H f0 7 0 >, .. . u ._ in n E c a x a) = o au -ct CG E > ec0 o -O o - m o i- u 2 E E N of X �n u z a z palSiSS ' �elol a`, �' E 2 Q ns H '•I N M U U EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE The SUBRECIPIENT shall execute the following form as required by the California Labor Code,Sections 1860 and 1861. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement. FOOTHILL FAMILY SHELTER: E- Mary Shee s Executive ector D to 6 ATTEST: Signature Title City of Rancho Cucamonga Page 32 2012-2013 Program Year Community Development Block Grant Program 2012—2013 PROGRAM YEAR CDBG SUBRECIPIENT AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA, a Municipal Corporation AND INLAND VALLEY COUNCIL OF CHURCHES, dba INLAND VALLEY HOPE PARTNERS TABLE OF CONTENTS RECITALS 1 AGREEEMENT 2 SCOPE OF SERVICES 2 A. Service Area 2 B. Scope of Services 2 II. BUDGET 2 III. TIME OF PERFORMANCE 2 IV. COMPENSATION AND METHOD OF PAYMENT 2 V. NOTICES 3 VI. GENERAL CONDITIONS 3 A. City Review 3 B. Subrecipient Status 3 C. Indemnification 3 D. Compliance with Laws and Assurances 4 E. Independent Contractor 4 F. Assignment 4 G. Suspension or Termination 4 H. Insurance & Bonding 5 1. Workers' Compensation Insurance 5 2. Public Liability and Property Damage 6 3. General Insurance Requirements 6 I. National Objective 6 J. Amendments;Variations 7 K. Changes in Grant Allocation 7 L. Fiscal Limitations 7 M. Program Monitoring 8 VII. ADMINISTRATIVE REQUIREMENTS 8 A. Financial Management 8 1. Accounting Standards 8 2. Cost Principles 9 3. Joint Funding 9 B. Documentation & Record Keeping 9 1. Records to be Maintained 9 2. Records Retention 10 3. Reversion of Assets 10 4. Close Outs 10 5. Audits 11 C. Reporting 11 1. Program Reporting 12 2. Program Income 12 D. Procurement 12 1. OMB Standards 12 2. Purchase and Invoice Deadlines 13 3. Non-Expendable Property 13 4. Expendable Personal Property 13 5. Purchase or Lease of Non-Expendable Property or Equipment 13 6. Travel and Conference Restrictions 14 City of Rancho Cucamonga Page i 2012-2013 Program Year Community Development Block Grant Program 7. Procurement and Construction Contracts 14 VIII. PERSONNEL AND PARTICIPANT CONDITIONS 16 A. Affirmative Action Policy 16 • 1. Provision of Program Services 17 2. Employment Discrimination 19 3. Section 3 Clause 21 B. Conduct 23 1. Subcontracts 23 a. Approvals 23 b. Monitoring 23 c. Content 23 d. Selection Process 23 2. Conflict of Interest 23 3. Lobbying& Lobbying Certification 24 4. No Benefit to Arise to Local Employee 25 5. Use of Funds for Entertainment or Gifts 25 6. Copyright 25 - 7. Religious Proselytizing or Political Activities 25 8. Equal Employment Opportunity 25 IX. SEVERABILITY 26 X. SECTION HEADINGS AND SUBHEADINGS 26 XI. COUNTERPARTS 26 XII. EXHIBITS 26 XIII. ENTIRE AGREEMENT 26 SIGNATURE PAGE 27 EXHIBIT A 28 EXHIBIT B 31 EXHIBIT C 32 City of Rancho Cucamonga Page ii 2012-2013 Program Year Community Development Block Grant Program This Agreement is made and entered into this 1st day of July 2012, between the City of Rancho Cucamonga (hereinafter referred to as the"CITY"),and the INLAND VALLEY HOPE PARTNERS, a non-profit organization under the laws of the State of California (hereinafter referred to as the"SUBRECIPIENT")for the purposes of providing a food distribution program. RECITALS 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 the Housing and Community Development Act of 1974(hereinafter referred to as the "ACT"), as amended; and WHEREAS,pursuant to Section 570.208(a)(2)of Chapter 24 of the U.S.Code of Federal Regulations("C.F.R."), an objective of the CITY's CDBG program is to provide benefit to low-and moderate-income families; and. WHEREAS, pursuant to§ 570.201(e),this benefit may be provided a necessary public service program;and WHEREAS,the CITY and SUBRECIPIENT propose to provide the community food and referral services for low- income families; and WHEREAS, SUBRECIPIENT is qualified by virtue of its experience to participate in the CDBG program. NOW,THEREFORE, in consideration of the performance of the promises,covenants,and conditions stated herein,the Parties hereto agree as follows: City of Rancho Cucamonga Page 1 2012-2013 Program Year Community Development Block Grant Program AGREEEMENT SCOPE OF SERVICES A. Service Area The service area is the CITY. B. Scope of Services The INLAND VALLEY HOPE PARTNERS, as the SUBRECIPIENT shall perform all the services described in the project description and Scope of Services set forth as Exhibit A to this Agreement, a copy of which is attached hereto and incorporated herein by reference. II. BUDGET The SUBRECIPIENT shall comply with the budget specified in Exhibit A to this Agreement,a copy of which is attached hereto and incorporated herein by reference. III. TIME OF PERFORMANCE The described services of the SUBRECIPIENT are to commence on July 1, 2012, and shall be completed no later than June 30, 2013. IV. COMPENSATION AND METHOD OF PAYMENT CITY shall reimburse for allowable costs incurred under the scope of this Agreement and applicable federal regulations,which have not been paid for or reimbursed in any other manner by any other Agency or private source of funding. Reimbursement will be made no more than on a monthly basis, with the total of all reimbursements not to exceed $5,000. Drawdowns for the payment of eligible expenses shall be made against the budget specified in Exhibit A and in accordance with performance. Payments will contingent upon certification of the SUBRECIPIENT's financial management system in accordance with the standards specified in OMB Circular A-110, Subpart C, paragraph _.21, Standards for Financial Management Systems. Disbursement of payment to SUBRECIPIENT shall be made by monthly reimbursements,contingent upon CITY's receipt of a monthly summary statement for all previous month's expenditures. Monthly expenditure reports shall be documented with "Audit Ready"supportive evidence of each expenditure and proof of payment, in accordance with HUD regulations. Reimbursement shall be limited to the total of approved properly documented expenditures. City of Rancho Cucamonga Page 2 2012-2013 Program Year Community Development Block Grant Program SUBRECIPIENT must submit the monthly expenditure reports by the 15th calendar day of the month following the month of services, regardless of expenditure amount. Within 30 days of receipt by CITY of each properly documented and timely submitted expenditure report, CITY will draw a warrant in favor of SUBRECIPIENT for approved expenditure amounts. Expenditure reports received after the 15th calendar day of the month in which payment is requested will cause unavoidable delays in payment processing. V. NOTICES All notices, memoranda, reports,drafts,and communications shall be served in writing. The notices shall be sent to the following addresses: SUBRECIPIENT: CITY: Wytske Visser Thomas Grahn Inland Valley.Hope Partners City of Rancho Cucamonga 1753 N. Park Avenue 10500 Civic Center Drive Pomona, CA 91768 P.O. Box 807 Rancho Cucamonga, CA 91729-0807 VI. GENERAL CONDITIONS A. City Review The CITY reserves the right to review and approve actions and decisions taken by SUBRECIPIENT regarding operation of a food distribution program for compliance with all applicable regulations. B. Subrecipient Status 1. The CITY recognizes SUBRECIPIENT as an independent non-profit organization and agrees to cooperate in protecting its image as a politically neutral organization. 2. SUBRECIPIENT warrants and agrees that it is not a party listed on the General Service Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos. 12549 and 12689,"Debarment and Suspension." If the amount of this Agreement exceeds the small purchase threshold established by 41 U.S.C. §403(11)(currently$100,000), SUBRECIPIENT agrees to provide the required certification regarding its exclusion status. C. Indemnification City of Rancho Cucamonga Page 3 2012-2013 Program Year Community Development Block Grant Program SUBRECIPIENT shall indemnify and hold harmless CITY, its elected and appointed officials, officers,agents, and employees from a II liability from loss,damage,or injury to persons or property, including the payment by SU BRECIPIENT of any and all legal costs and attorney's fees,in any manner arising out of or incidental to the performance by SUBRECIPIENT of this Agreement, including but not limited to,all consequential damages,to the maximum extent permitted by law. D. Compliance with Laws and Assurances SUBRECIPIENT hereby assures and certifies that it has complied and will continue to comply with the ACT and all applicable federal, state, and local laws, ordinances, regulations, policies,guidelines,and requirements as they relate to acceptance and use for federal funds for this federally assisted program. This Agreement is subject to all such laws,ordinances, regulations, policies,and guidelines,including without limitation,the ACT,24 C.F.R. Part 85; 24 C.F.R. Part 570;and U.S.Office of Management and Budget("OMB")Circulars applicable, including without limitation, A-87,A-97, A-102,A-110,A-122, A-127, and A-133. E. Independent Contractor The parties hereto in the performance of this Agreement will be acting in the independent capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees,officers,officials,agents,and volunteers of one party shall not be deemed or construed to be the agent or employees of the other party for any purpose whatsoever. F. Assignment This Agreement is not assignable by SUBRECIPIENT without the express prior written consent of CITY,which consent shall be given at the CITY's sole discretion. Any attempt by SUBRECIPIENT to assign any performance of the terms of this Agreement shall be void and shall constitute a material breach of this Agreement upon which the CITY may, among its other remedies, and without limitation, cancel,terminate, or suspend this Agreement. G. Suspension or Termination This Agreement may be terminated in whole or in part at any time by either party upon giving their 30 days notice in writing to the other party. Agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions City of Rancho Cucamonga Page 4 2012-2013 Program Year Community Development Block Grant Program of 24 C.F.R. § 85.44, Termination for Convenience. CITY's Planning Director is hereby empowered to give the notice subject to ratification by the City Council. In addition, CITY may immediately terminate this Agreement 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 Agreement is rendered improbable, infeasible, or impossible. If the SUBRECIPIENT materially fails to comply with any term of this Agreement,CITY may take one or more of the actions provided under 24 C.F.R. § 85.43, Enforcement, which includes temporarily withholding cash, disallowing non-compliant costs,wholly or partly terminating the award,withholding future awards, and other remedies that are legally available. In such event, the SUBRECIPIENT 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 been previously reimbursed,to the date of the termination to the extent that CDBG funds are available from HUD. H. Insurance & Bonding The SUBRECIPIENT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the SUBRECIPIENT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. The SUBRECIPIENT shall take out and maintain at all times during the terms of this Agreement the following policies of insurance: 1. Workers' Compensation Insurance Before beginning work, the SUBRECIPIENT shall furnish to CITY a certificate of insurance as proof that it has taken out full Workers'Compensation Insurance for all persons who it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. The SUBRECIPIENT, prior to commencing work, shall sign and file with CITY a certification as follows (Exhibit C): City of Rancho Cucamonga Page 5 2012-2013 Program Year Community Development Block Grant Program I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this Agreement. 2. Public Liability and Property Damage Throughout the term of this Agreement,at SUBRECIPIENT's sole cost and expense, the SUBRECIPIENT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of the CITY and SUBRECIPIENT,comprehensive, broad form,general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from the SUBRECIPIENT's activities, providing protection of at least $500,000 for bodily injury or death to any one person or for any one accident or occurrence and at least $500,000 for property damage. 3. General Insurance Requirements All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs_.21(c)to(e)and of paragraph _.31 of Subpart C of OMB Circular A-110 shall name as additional insured CITY,its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non-contributing with any insurance that may be carried by CITY;and(3)they cannot be canceled or materially changed except after 30 days notice by the insurer to CITY by certified mail. SUBRECIPIENT may effect for its own account insurance not required under this Agreement. 4. The SUBRECIPIENT shall comply with all bonding and insurance requirements as required by OMB Circular A-102 Attachment B, OMB Circular A-110, and other relevant regulations. National Objective The SUBRECIPIENT agrees to guarantee that at least 51 percent of the beneficiaries of the program identified in Exhibit A,Scope of Services,are low-and moderate-income persons or City of Rancho Cucamonga Page 6 2012-2013 Program Year Community Development Block Grant Program households. Under CDBG regulation,the following clientele categories are presumed to be low-and moderate-income persons and can qualify for service regardless of income:abused children, battered spouses, illiterate persons, and migrant farm workers. Beneficiaries qualifying on the basis of income shall have an annual income equal to or less than the HUD Section 8(of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits for the Riverside-San Bernardino-Ontario MSA define the maximum family income for low- and moderate-income households. The SUBRECIPIENT is responsible for obtaining from CITY the current applicable HUD Section 8 Income Limits for each year of the Contract term identified in Section III of this Agreement,Time of Performance. The SUBRECIPIENT shall retain these forms for 3 years after conclusion of their contract. J. Amendments;Variations The CITY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement,and are executed in writing,signed by a duly authorized representative of both organizations, and approved by the CITY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the CITY or SUBRECIPIENT from its obligations under this Agreement. The CITY may, in its discretion,amend this Agreement to conform with changes to federal, state,or local governmental guidelines,policies,and available funding amounts,or for other reasons. If, however,such changes results in a change in the funding,scope of services,or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both CITY and SUBRECIPIENT. K. Changes in Grant Allocation CITY reserves the right to reduce the grant allocation when CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with the SUBRECIPIENT. Such changes shall be incorporated into this Agreement by written amendments. L. Fiscal Limitations The United States of America through HUD may in the future place programmatic or fiscal limitation(s)on CDBG funds not presently anticipated. Accordingly,CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. City of Rancho Cucamonga Page 7 2012-2013 Program Year Community Development Block Grant Program In the event of funding reduction,CITY may reduce the budget of Agreement as a whole or as to cost category, and may at its sole discretion, limit the SUBRECIPIENT's authority to commit and spend funds,and may restrict the SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding that affects funding for this Agreement, the Planning Director or his/her designee may act for CITY in implementing and effecting such a reduction in revising the Agreement for such purpose. The Planning Director or his/her designee may act for CITY in suspending the operation of the Agreement for up to 60 days, upon 3 days written notice to the SUBRECIPIENT of his/her intention to so act. In no event, however, shall any revision made by CITY affect expenditures and legally binding commitments made by the SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. M. Program Monitoring The CITY will conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable objectives achieved, effectiveness of program management, and impact of the program. Authorized representatives of CITY and HUD shall have the right of access to all activities and facilities operated by the SUBRECIPIENT 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 inspection by CITY and HUD representatives,and ensure that its employees and board members furnish such information, as in the judgment of CITY and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The SUBRECIPIENT agrees to comply with OMB Circular A-110, Subpart C, paragraph_.21,Standards for Financial Management,and agrees to adhere to the accounting principles and procedures required therein,as well as the standards set City of Rancho Cucamonga Page 8 2012-2013 Program Year Community Development Block Grant Program forth in 24 CFR § 84.21-84.28, to utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The SUBRECIPIENT shall administer its program in conformance with OMB Circular A-122 "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs whether charged on a direct or indirect basis. 3. Joint Funding For programs in which there are sources of funds in addition to CDBG funds, the SUBRECIPIENT shall provide proof of such funding. The CITY shall not pay for any services provided by the SUBRECIPIENT that are funded by other sources. All restrictions and/or requirements provided in this agreement relative to accounting, budgeting,and reporting apply to the total program regardless of funding sources. B. Documentation & Record Keeping 1. Records to be Maintained The SUBRECIPIENT shall maintain all records: (1) required by the Federal Regulations specified in 24 C.F.R. § 570.506, (2) pertinent to the activities to be funded under this Agreement,or(3)required by the Federal Register Notices. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisitions,improvements,and use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with affirmative action and citizen participation components of the CDBG program; f. Financial records as required by 24 C.F.R. § 570.502, and OMB Circular A- 110; City of Rancho Cucamonga Page 9 2012-2013 Program Year Community Development Block Grant Program g. Other records necessary to document compliance with 24 C.F.R. Part 570, Subpart K; and h. Other records necessary to document income eligibility requirements of participants. 2. Records Retention The SUBRECIPIENT shall maintain all records required by the Federal Regulations specified in 24 C.F.R. § 570.506, that are pertinent to the activities funded under this Agreement, and as further described in Exhibit A. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this Agreement shall be retained by the SUBRECIPIENT for a period of 4 years, at a minimum, and in the event of litigation,claim,or audit,the records shall be retained until all litigation,claims,and audit findings involving the records have been fully resolved. Records for non- expendable property acquired with federal funds provided under this Agreement shall be retained for 4 years after the final disposition of such property. 3. Reversion of Assets Upon the expiration or termination of this Agreement,for any reason whatsoever, the SUBRECIPIENT shall forthwith transfer to CITY,any CDBG funds on hand at the time of such expiration or termination and any accounts receivable attributable to the use of CDBG funds including, without limitation, program income. Any real property under the control of SUBRECIPIENT that was acquired or improved in whole or in part with CDBG funds in excess of$25,000 shall either be: (a) used to meet one of the national objectives set forth in 24 C.F.R. § 570.208, or any successor statute, until 5 years after the expiration or termination of the Agreement, or for such longer period of time as determined to be appropriate by the CITY at it's sole discretion; or (b) disposed of in a manner that results in the CITY's being reimbursed in the amount of the current fair market value of real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, such real property. 4. Close Outs City of Rancho Cucamonga Page 10 2012-2013 Program Year Community Development Block Grant Program • The SUBRECIPIENT's obligation to the CITY shall not end until all closeout requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records. 5. Audits The SUBRECIPIENT is required to arrange for an independent financial and compliance audit annually for each fiscal year federal funds are received or expended under this Agreement. Audits must comply with OMB Circular A-133. An audit may be conducted by federal,state, or local funding source agencies as part of the CITY's audit responsibilities. The results of the independent audit must be submitted to the CITY within 30 days of completion. Within 30 days of submission of the audit report, the SUBRECIPIENT shall provide a written response to all conditions of findings reported in the audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All conditions or finding correction actions shall take place within 6 months after receipt of the audit report. CITY and its authorized representatives shall at all times,have access for the purpose of audit or inspection, to any and all books, documents, papers, records, property, and premises of the SUBRECIPIENT. The SUBRECIPIENT's staff will cooperate fully with authorized auditors when they conduct audits and examinations of the SUBRECIPIENT's program. If indications of misappropriation or misapplication of the funds of this Contract cause CITY to require a special audit, the cost of the audit will be encumbered and deducted from this Contract budget. Should CITY subsequently determine that the special audit was not warranted,the amount encumbered will be restored to the Contract budget. Should the special audit confirm misappropriation or misapplication of funds, the SUBRECIPIENT shall reimburse CITY the amount of misappropriate or misapplication. In the event CITY uses the judicial system to recover misappropriated or misapplied funds,the SUBRECIPIENT shall reimburse CITY legal fees and court costs in addition to awards. C. Reporting City of Rancho Cucamonga Page 11 2012-2013 Program Year Community Development Block Grant Program 1. Program Reporting The SUBRECIPIENT agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD, or CITY. The SUBRECIPIENT shall maintain such property, personnel,financial,and other records and accounts as are considered necessary by HUD or CITY to assure proper accounting for all Contract funds, as specified in Exhibit A. All the SUBRECIPIENT's records, with the exception of confidential client information, shall be made available to representatives of CITY and the appropriate federal agencies. The SUBRECIPIENT is required to submit data necessary to complete the Consolidated Plan Annual Performance and Evaluation Report in accordance with HUD regulations in the format and at the time designated by the CITY. The SUBRECIPIENT shall complete and deliver to CITY a"Summary of Activities Having Direct Benefits"Form(Exhibit B) on or before the 15th of the month following the month being reported, or as otherwise required by HUD. 2. Program Income The SUBRECIPIENT shall report,on a monthly basis,all program income as defined by 24 C.F.R. § 570.500(a)generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth in 24 C.F.R. § 570.504. By way of further limitations, the SUBRECIPIENT may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of such program balances on hand. All unused program income shall be returned to the CITY at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the CITY. D. Procurement 1. OMB Standards To the extent any funds received by SUBRECIPIENT under this Agreement are used for procurement of materials,property,or services,the SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements OMB Circular A-110, Subpart C, paragraphs_.40 to_.48, Procurement Standards. City of Rancho Cucamonga Page 12 2012-2013 Program Year Community Development Block Grant Program 2. Purchase and Invoice Deadlines Purchase of equipment or property must be completed before the last 3 months of the initial performance period and all equipment bills are to be paid before the last 2 months of this period. No expendable or non-expendable property or equipment is to be purchased during the final 3 months of the initial performance period unless approved by CITY in writing. Invoices for all obligations incurred under this Contract must be submitted to CITY's Planning Department within 60 days after the initial performance period termination date or they may not be honored. Exceptions to the preceding limitations require prior written approval by the CITY. 3. Non-Expendable Property A record shall be maintained by the SUBRECIPIENT for each item of non-expendable property acquired for this program with CDBG funds. This record shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of the CITY. Non-expendable property means tangible personal property having a useful life of more than 1 year and an acquisition cost of $300 or more per unit. The SU BRECIPIENT shall not purchase or agree to purchase non-expendable property without the prior written approval from the CITY. Upon completion or early termination of this Agreement, CITY reserves the right to determine the final disposition of the non-expendable property acquired for this program and CDBG funds in compliance with applicable laws and regulations. The disposition may include, but is not limited to, CITY taking possession of the non- expendable property. 4. Expendable Personal Property Expendable personal property refers to all tangible personal property other than non-expendable personal property. The SUBRECIPIENT shall not purchase or agree to purchase expendable personal property with a unit value of$300 or more per unit without the prior written approval of the CITY. 5. Purchase or Lease of Non-Expendable Property or Equipment The SUBRECIPIENT shall obtain 3 documented bids prior to purchasing or leasing any non-expendable personal property or equipment over$300 in unit value. The SUBRECIPIENT shall purchase or lease from the lowest responsive and responsible City of Rancho Cucamonga Page 13 2012-2013 Program Year Community Development Block Grant Program bidder. All equipment that has a purchase or lease price of over$50 in unit value and life expectancy of more than 1 year shall be properly identified and inventoried and shall be charged at its actual price. This inventory shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of CITY. 6. Travel and Conference Restrictions The SUBRECIPIENT certifies and agrees that travel and conference expenses will not be paid for by funds provided through this Agreement. 7. Procurement and Construction Contracts To the extent the Scope of Services set for in Exhibit A includes procurement and construction activities, all procurement and construction contracts shall comply with all relevant portions of OMB Circular A-110, including, but not limited to,the provisions required by OMB Circular A-110 Appendix A as described below: a. Provisions or conditions that allow for administrative,contractual,or legal remedies for breach of contract, and sanctions and penalties for the breach; this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); b. Provisions for termination for cause and for convenience by SUBRECIPIENT, the manner that such termination will be effected, and the basis for settlement;this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); c. Provisions requiring compliance with Executive Order No. 11246,entitled "Equal Employment Opportunity" as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity" and as supplemented in Department of Labor Regulations (41 C.F.R. Chapter 60). (This Order provides, in part, that no person shall be discriminated against on the basis of race, color, religion, sex,or national origin in all phases of employment during the performance of federally assisted construction contracts); City of Rancho Cucamonga Page 14 2012-2013 Program Year Community Development Block Grant Program d. Provisions evidencing compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. §74) as supplemented by Department of Labor regulations 29 C.F.R. Part 3, (this Act makes it a criminal offense for any person to induce, by any manner whatsoever, any person employed in the construction, prosecution, completion, or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States,to give up any part of the compensation to which he is entitled under his contract of employment); this condition is required of all contracts and subgrants in excess of$2,000 for construction or repair; e. Provisions evidencing compliance with the Davis-Bacon Act (40 U.S.C. § 276a to a-7) as supplemented by Department of Labor regulations 29 C.F.R. Part 6, (this Act requires provisions regarding minimum wages, fringe benefits, payments with deductions or rebates, withholding funds from contractors to ensure compliance with the wage provision, and termination of the contract or debarment for failure to adhere to the required priority); this condition is required only for construction contracts in excess of$2,000; f. Notice of any CITY requirements and regulations pertaining to reporting copyrights and patents in accordance with 37 C.F.R. Part 401; g. Access by SUBRECIPIENT, the CITY, the federal grantor agency, the Comptroller General of the United States, or documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions; h. Provisions requiring retention of all required records for 3 years after CITY makes final payments and all other pending matters are closed; For contracts in excess of$100,000, provisions requiring compliance with all applicable standards, orders, or requirements of the Clear Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act as amended(33 U.S.C. § 1251 etseq.);and provisions requiring that violations City of Rancho Cucamonga Page 15 2012-2013 Program Year Community Development Block Grant Program of the Clean Air Act and the Federal Water Pollution Control Act be reported to the federal grant awarding agency and the Regional Office of the U.S. Environmental Protection Agency ("EPA"); j. Mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). k. Where applicable, all contracts in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Contracts or agreements for the performance of experimental, development, or research work shall provide for the rights of the Federal Government and the recipient in a resulting invention in accordance with 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." m. Contractors who apply or bid for an award of$100,000 or more shall file the required certification in compliance with 31 U.S.C. § 1352, "Byrd Anti- Lobbying Amendment." n. No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos.12549 and 12689, "Debarment and Suspension." Contractors with awards in excess of the small purchase threshold shall provide the required certification regarding exclusion status. VIII. PERSONNEL AND PARTICIPANT CONDITIONS A. Affirmative Action Policy City of Rancho Cucamonga Page 16 2012-2013 Program Year Community Development Block Grant Program The SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition,the SUBRECIPIENT shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or because of this program. 1. Provision of Program Services a. The SUBRECIPIENT shall not on the ground of race, color, national origin, sex, handicap or familial status exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. The SUBRECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the ground of race, color, national origin, sex, handicap or familial status: 1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. 2) Provide any facilities,services,financial aid,or other benefits that are different or are provided in a different form from that provided to others under the program or activity. 3). Subject to segregated or separate treatment in any facility in,or in any manner of process related to receipt of any service or benefit under the program or activity. 4) Restrict in any way access to,or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity. 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity. City of Rancho Cucamonga Page 17 2012-2013 Program Year Community Development Block Grant Program 6) Deny an opportunity to participate in a program or activity as an employee. c. The SUBRECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race,color,national origin,sex,handicap,or familial status or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity for individuals of a particular race, color, national origin, sex, handicap or familial status. d. The SUBRECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race,color, national origin,sex,handicap, or familial status or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto. 1) In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUBRECIPIENT has previously discriminated against persons on the grounds of race, color, national origin,sex,handicap,or familial status,the SUBRECIPIENT must take affirmative action to overcome the effects of prior discrimination. 2) Even in the absence of such prior discrimination, the SUBRECIPIENT, in administering a program or activity funded in whole or in part with CDBG funds,should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, sex, handicap, or familial status. Where previous discriminatory practice or usage tends, on the grounds of race, color, national origin, sex, handicap, or familial status,to exclude individuals from participation in,to deny them the benefits of, or City of Rancho Cucamonga Page 18 2012-2013 Program Year Community Development Block Grant Program • to subject them to discrimination under any program or activity to which CDBG funding applies,the SUBRECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage,and to accomplish the purpose of the Civil Rights Act of 1964. 3) The SUBRECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. e. Notwithstanding anything to the contrary in the provisions under Section VIII.A(1)(b)(1)-(6), nothing contained herein shall be construed to prohibit the SUBRECIPIENT from maintaining or constructing separate living facilities or rest room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, handicap, or familial status. The SUBRECIPIENT shall take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, religion, sex, national origin, age, handicap, or familial status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous place available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. City of Rancho Cucamonga Page 19 2012-2013 Program Year Community Development Block Grant Program b. The SUBRECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regards to race, color, religion, sex, national origin, age, handicap, or familial status. c. The SUBRECIPIENT shall 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 CITY's contracting officers advising the labor union or workers' representative of the SUBRECIPIENT's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. The SUBRECIPIENT shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The SUBRECIPIENT shall furnish to the CITY all information and reports required by Executive Order No. 11246 of September 24, 1965,and by the related rules, regulations, and orders. f. In the event of the SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement,the CITY may cancel,terminate,or suspend in whole or in part its performance and the SUBRECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11245 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The SUBRECIPIENT shall include the provisions of the "Affirmative Action Policy,"Section VIII.A and all relevant subsections, in every sub-contract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order City of Rancho Cucamonga Page 20 2012-2013 Program Year Community Development Block Grant Program No. 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. The SUBRECIPIENT shall take such action for any sub-contract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however,that,in the event the SUBRECIPIENT becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the CITY, the SUBRECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. The SUBRECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) or regarding any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973(29 U.S.C. § 794). The SUBRECIPIENT shall also provide ready access to and use of all CDBG fund assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. §4151 et seq.) and the Americans with Disabilities Act (42 U.S.C..§ 12101 et seq.). 1) Remedies: In the event of SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the City may cancel, terminate, or suspend in whole or in part its performance and SUBRECIPIENT may be declared ineligible for further Government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. 3. Section 3 Clause a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended 12 U.S.C. § 1702u(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,to City of Rancho Cucamonga Page 21 2012-2013 Program Year Community Development Block Grant Program the greatest extent feasible, be directed to low- and very-low income persons. b. The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by the execution of this contract,the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the SUBRECIPIENT's commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles, subject to hire, availability of apprenticeship and training positions, the qualifications for each;and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135,and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations of 24 C.F.R. Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require City of Rancho Cucamonga Page 22 2012-2013 Program Year Community Development Block Grant Program employment opportunities to be directed, were not to circumvent the SUBRECIPIENT's obligations under 24 C.F.R. Part 135. f. Noncompliance with regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. B. Conduct 1. Subcontracts a. Approvals The SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY, prior to the execution of such agreement. b. Monitoring The SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of non-compliance. c. Content The SUBRECIPIENT shall cause all of the provisions of this contract, in its entirety,to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The SUBRECIPIENT shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process. 2. Conflict of Interest The SUBRECIPIENT agrees to abide by the provisions of 24 C.F.R. § 570.611 regarding conflicts of interest. The SUBRECIPIENT certifies that no member,officer, or employee of the SUBRECIPIENT is an officer or employee of the CITY, or a City of Rancho Cucamonga Page 23 2012-2013 Program Year Community Development Block Grant Program member of any of its boards, commissions, or committees or has any interest or holding which could be affected by any actions taken in execution of this agreement. 3. Lobbying& Lobbying Certification The SUBRECIPIENT certifies, to the best of their knowledge and belief,that: a. 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 in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract,grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency,a Member of Congress,an officer or employee 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. c. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements), and that all SUBRECIPIENT's shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352, and the "Byrd Anti-Lobbying Amendment." Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Rancho Cucamonga Page 24 2012-2013 Program Year Community Development Block Grant Program 4. No Benefit to Arise to Local Employee No member, officer, or employee of the CITY, or its designees or agents, no member of the governing body of CITY, and no other public official who exercises any functions or responsibilities regarding the program during his tenure or for 1 year thereafter, shall have any interest, direct or indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof,for work to be performed in connection with the program assisted under this Agreement. 5. Use of Funds for Entertainment or Gifts The SUBRECIPIENT certifies and agrees that it will not use funds provided through this Contract to pay for entertainment or gifts. 6. Copyright If this contract results in any copyrightable material or inventions,the CITY and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use,the work or materials for government purposes. The SUBRECIPIENT agrees to comply with 37 C.F.R. Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contract and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Religious Proselytizing or Political Activities The SUBRECIPIENT agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. 8. Equal Employment Opportunity In addition to the Affirmative Action Policy described in Section VIII.A of this Agreement, SUBRECIPIENT agrees to comply with all applicable provisions of Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375,"Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at City of Rancho Cucamonga Page 25 2012-2013 Program Year Community Development Block Grant Program 41 C.F.R. Chapter 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." IX. SEVERABILITY If any provision of this Agreement is found to be invalid, void, or unenforceable, the remaining provisions shall, insofar as reasonably possible, continue in full force in effect without being impaired or invalidated in any way. X. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement XI. COUNTERPARTS This Agreement may be executed in counterparts. When executed, each counterpart shall be deemed an original, irrespective of date of execution. The counterparts shall together constitute one and the same Agreement. XII. EXHIBITS The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. XIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between CITY and SUBRECIPIENT for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and SUBRECIPIENT with respect to this Agreement. In the event of any discrepancy or conflict between this Agreement and the Exhibits, the terms of this Agreement shall control. City of Rancho Cucamonga Page 26 2012-2013 Program Year Community Development Block Grant Program SIGNATURE PAGE IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF RANCHO CUCAMONGA: INLAND VALLEY HOPE PARTNERS: L. Dennis Michae WytsVe Viss-r Mayor Executive Director 1°1/211 11/ __ c— o E Date Date APPROVED AS TO FORM: J es Markman City Attorney Date Gty of Rancho Cucamonga Page 27 2012-2013 Program Year Community Development Block Grant Program EXHIBIT A SCOPE OF WORK AND BUDGET PROJECT: INLAND VALLEY HOPE PARTNERS II. CONTACT PERSON: Wytske Visser Inland Valley Hope Partners 1753 N. Park Avenue Pomona, CA 91768 (909) 622-3806 III. SCOPE OF WORK A. General: 1. The SUBRECIPIENT shall administer the following CDBG funded activity: food distribution and referral service, in a manner satisfactory to the CITY and consistent with any standards required as a condition of providing these funds. 2. The SUBRECIPIENT shall handle all administrative duties in conformance with all federal CDBG program requirements,including but not limited to OMB CircularsA- 87,A-97,A-102, A-110, A-122, A-127, and A-133. 3. The SUBRECIPIENT shall provide program guidelines,which include provisions for an annual goal statement and review of accomplishments. A copy of the referenced annual report shall be submitted to the CITY 30 days after its completion. B. Principal Tasks: 1. The SUBRECIPIENT will provide a balanced, nutritional 5-day supply of food per person per family (5-day supply of food, 3 meals per day) who meet eligibility criteria. SOVA shall assist 650 individuals during the course of this contract. 2. Provide advocacy services to enable families to remain in their housing and avoid homelessness. Provide referral to other types of services that may be needed. 3. To help create a sense of community and empowerment among economically disadvantaged Rancho Cucamonga residents by offering classes and recruiting City of Rancho Cucamonga Page 28 2012-2013 Program Year Community Development Block Grant Program volunteers from the clientele to work at the site for the purpose of helping people help themselves and each other. C. Outreach and Education: 1. The SUBRECIPIENT shall advertise its program to the residents of Rancho Cucamonga in at least 2 citywide publications and on 1 local Hispanic radio station by December 31,2012. Evidence of the publications and radio announcement shall be provided to the CITY. D. Records and Reporting: 1. The SUBRECIPIENT shall be responsible for maintaining documentation on financial status, progress toward meeting goals, number and type of services provided,and number of clients assisted from Rancho Cucamonga. 2. The SUBRECIPIENT will comply with HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client level information. SUBRECIPIENT will deliver a copy of the monthly HMIS report to the CITY. 3. The SUBRECIPIENT shall be responsible for reporting data in the following manner: a. Compile a monthly statistical summary report on the number and type of services provided and on the number of clients assisted. Client data shall include the income, ethnicity, age, sex, familial status, disabilities, and female heads of household. b. Prepare a monthly narrative report that describes significant accomplishments, highlights, and problems or issues encountered. This report should include descriptive case studies as applicable. c. Complete monthly direct benefit form (Exhibit B). d. Submit quarterly reports to include the.following: 1) Copies of all literature/information disseminated during the previous quarter. 2) Copies of workshop/seminar notices and programs/agendas. 3) Proof of publication for all advertising. City of Rancho Cucamonga Page 29 2012-2013 Program Year Community Development Block Grant Program 4) Copies of all publications for all advertising. 5) Copies of all regularly published newsletters. 6) Copies of schedules for all activities participated in during the previous quarter. 7) Any other documentation which would verify the SUBRECIPIENT's activities during the quarter. E. Budget:The CITY will fund the activities of the SUBRECIPIENT as described in Section III.A& B, in an amount not to exceed $5,000. The CITY will make monthly payments to the SUBRECIPIENT in the period beginning July 1, 2012, and ending June 30, 2013. Payments will be on a reimbursement basis for the amount of services rendered. F. Payment Request: Submit an original monthly progress payment request which shall be accompanied by "audit ready" supportive evidence of each expenditure and proof of payment(i.e.,payroll,utility bills,rent receipts,material costs,etc.). Compensation shall be provided as outlined in Section IV of the Contract document. City of Rancho Cucamonga Page 30 2012-2013 Program Year Community Development Block Grant Program c 4-) v v splogasnoH E E papeaH a!ewad o a ra Q Q a O O > a oa > > I a v 0i c a) QJ L Y 0 L C -� N c ZJag30/aDuele8 (0 c 0 'E Li 0 14 -E aao E ueDuawy r o °- C L c ueJuJV JO JIJeIg 3 =on C Y pun an!leN elsely o .c 03 •(0 O C (0 Jo u ipui ueJu wv Y c d C C ro o No > o al!gM o c E v pun ueDuawy v 8 O v on x ueolJiy Jo�hel8 i = - EO > co 0 O - ° a aiUu z E o ° Z. O v CO Co U 0 > = u u Y v w i _0 a L -p al!ii AA put,ue!sv a, ra o O Cl.)min 2 2 a E vi v) m a;!gMpun Y w > o Co v anileN e�lsely Jo E 0 C - c ue!pu!ueDuawy '° to -. O t o c in C t W 0 c ro O e E 0 \ c c E c a, E C .c O o E c U = el!4M a, a Z a g 17 E 0 v c co N o L Japuelsl L °0 m 0 a) DW)ed JaqgO JO p m w ! eH anl�eN p N N v a c c c a J0 Y N m E u co y a" = C v ueDIJaw�J ' - o m o co ea ueDwv Jo�1�e19 m m +J OJ C (1)- T o ^ a� p0 N 'a L o N c_ ci 8 m f N cu V) +.. '.o u Y m nO CC >• c o a W 4- UeISt/ 0 L E Z — 4 C '7, E �' C r p co v L o Q v @ s = v c a isely JO j i L W p anIEN c m c a Gl '� al ..c v) ue!pul ue3JaW u Y CD o N v _ _ v, O G Y " awoDul nnol AlawaJlx3 t o u J N J y x C Z .� C a, awoaul MOl 0 al E 5 E v o x x — v y � C 0 Z N c CO E � � � H (IJW%08 of%TS) m u —° >Y'� o o v > 0)• v 0 — F awoDuI poW/nnol I •� s tO ° '� m V Y i - }' ` W o ro '. L L C c w Cl.) a v ac o u c v m CO a i (i J%08 anogy) � 0 Y L v u _0 q fob u 'c u o m o c CO O ! awoaul pol/V anogy j W c a - .� o 'a a. o 0 ` L Vf N E C H = ° u 0 I_ co 7 O > cu N N •2 ° o a 2 a v c z. CO > c O p o E m o FL- v c x E E o x 3 0 pa�s)ssd )e}ol a`, v c e W (/) V z Q Z I Q (0 H .-i N M u u EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE The SUBRECIPIENT shall execute the following form as required by the California Labor Code,Sections 1860 and 1861. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement. INLAND VALLEY HOPE PARTNERS: 0 Wytske VVis er Executive Director a_ b . _,Q0I2._. Date ATTEST: Signature Title City of Rancho Cucamonga Page 32 20122013 Program Year Community Development Block Grant Program 2012—2013 PROGRAM YEAR CDBG SUBRECIPIENT AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA,a Municipal Corporation AND INLAND FAIR HOUSING AND MEDIATION BOARD 3 TABLE OF CONTENTS RECITALS 1 AGREEEMENT 2 SCOPE OF SERVICES 2 A. Service Area 2 B. Scope of Services 2 II. BUDGET 2 III. TIME OF PERFORMANCE 2 IV. COMPENSATION AND METHOD OF PAYMENT 2 V. NOTICES 3 VI. GENERAL CONDITIONS 3 A. City Review 3 B. Subrecipient Status 3 C. Indemnification 4 D. Compliance with Laws and Assurances 4 E. Independent Contractor 4 F. Assignment 4 G. Suspension or Termination 5 H. Insurance& Bonding 5 1. Workers'Compensation Insurance 5 2. Public Liability and Property Damage 6 3. General Insurance Requirements 6 National Objective 7 J. Amendments;Variations 7 K. Changes in Grant Allocation 8 L. Fiscal Limitations 8 M. Program Monitoring 8 VII. ADMINISTRATIVE REQUIREMENTS 9 A. Financial Management 9 1. Accounting Standards 9 2. Cost Principles 9 3. Joint Funding 9 B. Documentation & Record Keeping 9 1. Records to be Maintained 9 2. Records Retention 10 3. Reversion of Assets 11 4. Close Outs 11 5. Audits 11 C. Reporting 12 1. Program Reporting 12 2. Program Income 13 D. Procurement 13 1. OMB Standards 13 2. Purchase and Invoice Deadlines 13 3. Non-Expendable Property 13 4. Expendable Personal Property 14 5. Purchase or Lease of Non-Expendable Property or Equipment 14 6. Travel and Conference Restrictions 14 City of Rancho Cucamonga Page i 2012-2013 Program Year Community Development Block Grant Program • 7. Procurement and Construction Contracts 14 VIII. PERSONNEL AND PARTICIPANT CONDITIONS 17 A. Affirmative Action Policy 17 1. Provision of Program Services 17 2. Employment Discrimination 20 3. Section 3 Clause 22 B. Conduct 24 1. Subcontracts 24 a. Approvals 24 b. Monitoring 24 c. Content 24 d. Selection Process 24 2. Conflict of Interest 24 3. Lobbying&Lobbying Certification 25 4. No Benefit to Arise to Local Employee 26 5. Use of Funds for Entertainment or Gifts 26 6. Copyright 26 7. Religious Proselytizing or Political Activities 26 8. Equal Employment Opportunity 26 IX. SEVERABILITY 27 X. SECTION HEADINGS AND SUBHEADINGS 27 XI. COUNTERPARTS 27 XII. EXHIBITS 27 XIII. ENTIRE AGREEMENT 27 SIGNATURE PAGE 28 EXHIBIT A 29 EXHIBIT B 33 EXHIBIT C 34 City of Rancho Cucamonga Page ii 2012-2013 Program Year Community Development Block Grant Program This Agreement is made and entered into this 1st day of July 2012, between the City of Rancho Cucamonga (hereinafter referred to as the "CITY"), and the INLAND FAIR HOUSING AND MEDIATION BOARD,a non-profit organization under the laws of the State of California (hereinafter referred to as the "SUBRECIPIENT")for the purposes of Fair Housing Counseling and Housing Mediation Services. RECITALS 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 the Housing and Community Development Act of 1974(hereinafter referred to as the "ACT"),as amended;and WHEREAS, pursuant to Section 570.208(a)(2) of Chapter 24 of the U.S. Code of Federal Regulations ("C.F.R."), an objective of the CITY's CDBG program is to provide benefit to low- and moderate-income families including efforts to achieve a spatial deconsentration of such housing opportunities,and to take actions to affirmatively further fair housing; and WHEREAS, pursuant to §570.201(e), this benefit may be provided through Fair Housing Counseling and Housing Mediation Services; and WHEREAS, the CITY and SUBRECIPIENT propose to provide the community with an accessible office for assistance in resolving complaints regarding fair housing rights and responsibilities and other housing- related issues in order to foster affirmative action to eliminate housing discrimination and increase the range of housing opportunities available to protected groups;and WHEREAS,SUBRECIPIENT is qualified by virtue of its experience to participate in the CDBG program. NOW, THEREFORE, in consideration of the performance of the promises, covenants, and conditions stated herein,the Parties hereto agree as follows: City of Rancho Cucamonga Page 1 2012-2013 Program Year Community Development Block Grant Program AGREEEMENT SCOPE OF SERVICES A. Service Area The service area is the CITY. B. Scope of Services The INLAND FAIR HOUSING AND MEDIATION BOARD, as the SUBRECIPIENT shall perform all the services described in the project description and Scope of Services set forth as Exhibit A to this Agreement, a copy of which is attached hereto and incorporated herein by reference. II. BUDGET The SUBRECIPIENT shall comply with the budget specified in Exhibit A to this Agreement, a copy of which is attached hereto and incorporated herein by reference. III. TIME OF PERFORMANCE The described services of the SUBRECIPIENT are to commence on July 1, 2012, and shall be completed no later than June 30, 2013. IV. COMPENSATION AND METHOD OF PAYMENT CITY shall reimburse for allowable costs incurred under the scope of this Agreement and applicable federal regulations,which have not been paid for or reimbursed in any other manner by any other Agency or private source of funding. Reimbursement will be made no more than on a monthly basis, with the total of all reimbursements not to exceed $8,800 for Fair Housing Counseling and $7,300 for Landlord/Tenant Housing Mediation Services. Drawdowns for the payment of eligible expenses shall be made against the budget specified in Exhibit A and in accordance with performance. Payments will contingent upon certification of the SUBRECIPIENT's financial management system in accordance with the standards specified in OMB Circular A-110, Subpart C, paragraph .21,Standards for Financial Management Systems. Disbursement of payment to SUBRECIPIENT shall be made by monthly reimbursements, contingent upon CITY's receipt of a monthly summary statement for all previous month's expenditures. Monthly expenditure reports shall be documented with "Audit Ready" supportive City of Rancho Cucamonga Page 2 2012-2013 Program Year Community Development Block Grant Program evidence of each expenditure and proof of payment, in accordance with HUD regulations. Reimbursement shall be limited to the total of approved properly documented expenditures. SUBRECIPIENT must submit the monthly expenditure reports by the 15th calendar day of the month following the month of services, regardless of expenditure amount. Within 30 days of receipt by CITY of each properly documented and timely submitted expenditure report, CITY will draw a warrant in favor of SUBRECIPIENT for approved expenditure amounts. Expenditure reports received after the 15th calendar day of the month in which payment is requested will cause unavoidable delays in payment processing. V. NOTICES All notices, memoranda, reports, drafts, and communications shall be served in writing. The notices shall be sent to the following addresses: SUBRECIPIENT: CITY: Lynne Anderson Thomas Grahn Inland Fair Housing and Mediation Board City of Rancho Cucamonga 10681 Footill Boulevard,Suite 297 10500 Civic Center Drive Rancho Cucamonga, CA 91730 P.O. Box 807 Rancho Cucamonga, CA 91729-0807 VI. GENERAL CONDITIONS A. City Review The CITY reserves the right to review and approve actions and decisions taken by SUBRECIPIENT regarding operation of Fair Housing Counseling, Housing Mediation, and Information Services for compliance with all applicable regulations. B. Subrecipient Status 1. The CITY recognizes SUBRECIPIENT as an independent non-profit organization and agrees to cooperate in protecting its image as a politically neutral organization. 2. SUBRECIPIENT warrants and agrees that it is not a party listed on the General Service Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos. 12549 and 12689, "Debarment and Suspension." If the amount of this Agreement exceeds the small purchase threshold established by 41 U.S.C. §403 (11) (currently City of Rancho Cucamonga Page 3 2012-2013 Program Year Community Development Block Grant Program $100,000), SUBRECIPIENT agrees to provide the required certification regarding its exclusion status. C. Indemnification SUBRECIPIENT shall indemnify and hold harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property, including the payment by SUBRECIPIENT of any and all legal costs and attorney's fees, in any manner arising out of or incidental to the performance by SUBRECIPIENT of this Agreement, including but not limited to, all consequential damages,to the maximum extent permitted by law. D. Compliance with Laws and Assurances SUBRECIPIENT hereby assures and certifies that it has complied and will continue to comply with the ACT and all applicable federal, state, and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use for federal funds for this federally assisted program. This Agreement is subject to all such laws, ordinances, regulations, policies, and guidelines, including without limitation, the ACT, 24 C.F.R. Part 85; 24 C.F.R. Part 570; and U.S. Office of Management and Budget ("OMB") Circulars applicable, including without limitation, A-87, A-97, A-102, A- 110,A-122,A-127, and A-133. E. Independent Contractor The parties hereto in the performance of this Agreement will be acting in the independent capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees, officers, officials, agents, and volunteers of one party shall not be deemed or construed to be the agent or employees of the other party for any purpose whatsoever. F. Assignment This Agreement is not assignable by SUBRECIPIENT without the express prior written consent of CITY,which consent shall be given at the CITY's sole discretion. Any attempt by SUBRECIPIENT to assign any performance of the terms of this Agreement shall be void and shall constitute a material breach of this Agreement upon which the CITY may, City of Rancho Cucamonga Page 4 2012-2013 Program Year Community Development Block Grant Program among its other remedies, and without limitation, cancel, terminate, or suspend this Agreement. G. Suspension or Termination This Agreement may be terminated in whole or in part at any time by either party upon giving their 30 days notice in writing to the other party. Agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions of 24 C.F.R. §85.44,Termination for Convenience. CITY's Planning Director is hereby empowered to give the notice subject to ratification by the City Council. In addition, CITY may immediately terminate this Agreement 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 Agreement is rendered improbable, infeasible, or impossible. If the SUBRECIPIENT materially fails to comply with any term of this Agreement, CITY may take one or more of the actions provided under 24 C.F.R. §85.43, Enforcement, which includes temporarily withholding cash, disallowing non-compliant costs, wholly or partly terminating the award, withholding future awards,and other remedies that are legally available. In such event, the SUBRECIPIENT 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 been previously reimbursed,to the date of the termination to the extent that CDBG funds are available from HUD. H. Insurance& Bonding The SUBRECIPIENT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the SUBRECIPIENT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. The SUBRECIPIENT shall take out and maintain at all times during the terms of this Agreement the following policies of insurance: 1. Workers'Compensation Insurance Before beginning work, the SUBRECIPIENT shall furnish to CITY a certificate of insurance as proof that it has taken out full Workers' Compensation Insurance City of Rancho Cucamonga Page 5 2012-2013 Program Year Community Development Block Grant Program for all persons who it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. The SUBRECIPIENT, prior to commencing work, shall sign and file with CITY a certification as follows(Exhibit C): I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement. 2. Public Liability and Property Damage Throughout the term of this Agreement, at SUBRECIPIENT's sole cost and expense, the SUBRECIPIENT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of the CITY and SUBRECIPIENT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from the SUBRECIPIENT's activities, providing protection of at least $500,000 for bodily injury or death to any one person or for any one accident or occurrence and at least$500,000 for property damage. 3. General Insurance Requirements All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs .21(c) to (e) and of paragraph _.31 of Subpart C of OMB Circular A-110 shall name as additional insured CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non- contributing with any insurance that may be carried by CITY; and (3)they cannot be canceled or materially changed except after 30 days notice by the insurer to City of Rancho Cucamonga Page 6 2012-2013 Program Year Community Development Block Grant Program CITY by certified mail. SUBRECIPIENT may effect for its own account insurance not required under this Agreement. 4. The SUBRECIPIENT shall comply with all bonding and insurance requirements as required by OMB Circular A-102 Attachment B, OMB Circular A-110, and other relevant regulations. National Objective The SUBRECIPIENT agrees to guarantee that at least 51 percent of the beneficiaries of the program identified in Exhibit A, Scope of Services, are low- and moderate-income persons or households. Under CDBG regulation, the following clientele categories are presumed to be low- and moderate-income persons and can qualify for service regardless of income: abused children, battered spouses, illiterate persons, and migrant farm workers. Beneficiaries qualifying on the basis of income shall have an annual income equal to or less than the HUD Section 8 (of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits for the Riverside-San Bernardino- Ontario MSA define the maximum family income for low- and moderate-income households. The SUBRECIPIENT is responsible for obtaining from CITY the current applicable HUD Section 8 Income Limits for each year of the Contract term identified in Section III of this Agreement, Time of Performance. The SUBRECIPIENT shall retain these forms for 3 years after conclusion of their contract. J. Amendments;Variations The CITY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations, and approved by the CITY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the CITY or SUBRECIPIENT from its obligations under this Agreement. The CITY may, in its discretion, amend this Agreement to conform with changes to federal,state,or local governmental guidelines, policies, and available funding amounts, or for other reasons. If, however, such changes results in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both CITY and SUBRECIPIENT. City of Rancho Cucamonga Page 7 2012-2013 Program Year Community Development Block Grant Program K. Changes in Grant Allocation CITY reserves the right to reduce the grant allocation when CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with the SUBRECIPIENT. Such changes shall be incorporated into this Agreement by written amendments. L. Fiscal Limitations The United States of America through HUD may in the future place programmatic or fiscal limitation(s) on CDBG funds not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may reduce the budget of Agreement as a whole or as to cost category, and may at its sole discretion, limit the SUBRECIPIENT's authority to commit and spend funds, and may restrict the SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding that affects funding for this Agreement, the Planning Director or his/her designee may act for CITY in implementing and effecting such a reduction in revising the Agreement for such purpose. The Planning Director or his/her designee may act for CITY in suspending the operation of the Agreement for up to 60 days, upon 3 days written notice to the SUBRECIPIENT of his/her intention to so act. In no event, however, shall any.revision made by CITY affect expenditures and legally binding commitments made by the SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. M. Program Monitoring The CITY will conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable objectives achieved,effectiveness of program management,and impact of the program. Authorized representatives of CITY and HUD shall have the right of access to all activities and facilities operated by the SUBRECIPIENT under this Agreement. Facilities include all files, records, and other documents related to the performance of this Agreement. City of Rancho Cucamonga Page 8 2012-2013 Program Year Community Development Block Grant Program Activities include attendance at staff, board of directors, advisory committee, and advisory board meetings and inspection by CITY and HUD representatives, and ensure that its employees and board members furnish such information, as in the judgment of CITY and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The SUBRECIPIENT agrees to comply with OMB Circular A-110, Subpart C, paragraph_.21, Standards for Financial Management,and agrees to adhere to the accounting principles and procedures required therein, as well as the standards set forth in 24 CFR § 84.21-84.28, to utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The SUBRECIPIENT shall administer its program in conformance with OMB Circular A-122 "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs whether charged on a direct or indirect basis. 3. Joint Funding For programs in which there are sources of funds in addition to CDBG funds,the SUBRECIPIENT shall provide proof of such funding. The CITY shall not pay for any services provided by the SUBRECIPIENT that are funded by other sources. All restrictions and/or requirements provided in this agreement relative to accounting, budgeting, and reporting apply to the total program regardless of funding sources. B. Documentation& Record Keeping 1. Records to be Maintained The SUBRECIPIENT shall maintain all records: (1) required by the Federal Regulations specified in 24 C.F.R. §570.506, (2) pertinent to the activities to be City of Rancho Cucamonga Page 9 2012-2013 Program Year Community Development Block Grant Program funded under this Agreement, or (3) required by the Federal Register Notices. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisitions, improvements, and use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with affirmative action and citizen participation components of the CDBG program; 1. Financial records as required by 24 C.F.R. §570.502, and OMB Circular A-110; g. Other records necessary to document compliance with 24 C.F.R. Part 570,Subpart K; and h. Other records necessary to document income eligibility requirements of participants. 2. Records Retention The SUBRECIPIENT shall maintain all records required by the Federal Regulations specified in 24 C.F.R. §570.506,that are pertinent to the activities funded under this Agreement,and as further described in Exhibit A. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this Agreement shall be retained by the SUBRECIPIENT for a period of 4 years, at a minimum, and in the event of litigation, claim, or audit, the records shall be retained until all litigation, claims, and audit findings involving the records have been fully resolved. Records for non-expendable property acquired with federal funds provided under this Agreement shall be retained for 4 years after the final disposition of such property. City of Rancho Cucamonga Page 10 2012-2013 Program Year Community Development Block Grant Program 3. Reversion of Assets Upon the expiration or termination of this Agreement, for any reason whatsoever, the SUBRECIPIENT shall forthwith transfer to CITY, any CDBG funds on hand at the time of such expiration or termination and any accounts receivable attributable to the use of CDBG funds including, without limitation, program income. Any real property under the control of SUBRECIPIENT that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall either be: (a) used to meet one of the national objectives set forth in 24 C.F.R. §570.208,or any successor statute, until 5 years after the expiration or termination of the Agreement, or for such longer period of time as determined to be appropriate by the CITY at it's sole discretion; or (b) disposed of in a manner that results in the CITY's being reimbursed in the amount of the current fair market value of real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, such real property. 4. Close Outs The SUBRECIPIENT's obligation to the CITY shall not end until all closeout requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records. 5. Audits The SUBRECIPIENT is required to arrange for an independent financial and compliance audit annually for each fiscal year federal funds are received or expended under this Agreement. Audits must comply with OMB Circular A-133. An audit may be conducted by federal, state,or local funding source agencies as part of the CITY's audit responsibilities. The results of the independent audit must be submitted to the CITY within 30 days of completion. Within 30 days of submission of the audit report, the SUBRECIPIENT shall provide a written response to all conditions of findings reported in the audit report. The response City of Rancho Cucamonga Page 11 2012-2013 Program Year Community Development Block Grant Program • must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All conditions or finding correction actions shall take place within 6 months after receipt of the audit report. CITY and its authorized representatives shall at all times, have access for the purpose of audit or inspection, to any and all books, documents, papers, records, property,and premises of the SUBRECIPIENT. The SUBRECIPIENT's staff will cooperate fully with authorized auditors when they conduct audits and examinations of the SUBRECIPIENT's program. If indications of misappropriation or misapplication of the funds of this Contract cause CITY to require a special audit,the cost of the audit will be encumbered and deducted from this Contract budget. Should CITY subsequently determine that the special audit was not warranted, the amount encumbered will be restored to the Contract budget. Should the special audit confirm misappropriation or misapplication of funds, the SUBRECIPIENT shall reimburse CITY the amount of misappropriate or misapplication. In the event CITY uses the judicial system to recover misappropriated or misapplied funds, the SUBRECIPIENT shall reimburse CITY legal fees and court costs in addition to awards. C. Reporting 1. Program Reporting The SUBRECIPIENT agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD, or CITY. The SUBRECIPIENT shall maintain such property, personnel, financial, and other records and accounts as are considered necessary by HUD or CITY to assure proper accounting for all Contract funds, as specified in Exhibit A. All the SUBRECIPIENT's records, with the exception of confidential client information, shall be made available to representatives of CITY and the appropriate federal agencies. The SUBRECIPIENT is required to submit data necessary to complete the Consolidated Plan Annual Performance and Evaluation Report in accordance with HUD regulations in the format and at the time designated by the CITY. The SUBRECIPIENT shall complete and deliver to CITY a "Summary of Activities Having Direct Benefits" Form (Exhibit B) on or before the 15th of the month following the month being reported,or as otherwise required by HUD. City of Rancho Cucamonga Page 12 2012-2013 Program Year Community Development Block Grant Program 2. Program Income The SUBRECIPIENT shall report, on a monthly basis, all program income as defined by 24 C.F.R. §570.500(a) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth in 24 C.F.R.§570.504. By way of further limitations, the SUBRECIPIENT may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of such program balances on hand. All unused program income shall be returned to the CITY at the end of the contract period. Any interest earned on cash advances from the U.S.Treasury is not program income and shall be remitted promptly to the CITY. D. Procurement 1. OMB Standards To the extent any funds received by SUBRECIPIENT under this Agreement are used for procurement of materials, property, or services, the SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements OMB Circular A-110, Subpart C, paragraphs .40 to .48, Procurement Standards. 2. Purchase and Invoice Deadlines Purchase of equipment or property must be completed before the last 3 months of the initial performance period and all equipment bills are to be paid before the last 2 months of this period. No expendable or non-expendable property or equipment is to be purchased during the final 3 months of the initial performance period unless approved by CITY in writing. Invoices for all obligations incurred under this Contract must be submitted to CITY's Planning Department within 60 days after the initial performance period termination date or they may not be honored. Exceptions to the preceding limitations require prior written approval by the CITY. 3. Non-Expendable Property City of Rancho Cucamonga Page 13 2012-2013 Program Year Community Development Block Grant Program A record shall be maintained by the SUBRECIPIENT for each item of non- expendable property acquired for this program with CDBG funds. This record shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of the CITY. Non-expendable property means tangible personal property having a useful life of more than 1 year and an acquisition cost of$300 or more per unit. The SUBRECIPIENT shall not purchase or agree to purchase non-expendable property without the prior written approval from the CITY. Upon completion or early termination of this Agreement, CITY reserves the right to determine the final disposition of the non- expendable property acquired for this program and CDBG funds in compliance with applicable laws and regulations. The disposition may include, but is not limited to, CITY taking possession of the non-expendable property. 4. Expendable Personal Property Expendable personal property refers to all tangible personal property other than non-expendable personal property. The SUBRECIPIENT shall not purchase or agree to purchase expendable personal property with a unit value of$300 or more per unit without the prior written approval of the CITY. 5. Purchase or Lease of Non-Expendable Property or Equipment The SUBRECIPIENT shall obtain 3 documented bids prior to purchasing or leasing any non-expendable personal property or equipment over $300 in unit value. The SUBRECIPIENT shall purchase or lease from the lowest responsive and responsible bidder. All equipment that has a purchase or lease price of over$50 in unit value and life expectancy of more than 1 year shall be properly identified and inventoried and shall be charged at its actual price. This inventory shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of CITY. 6. Travel and Conference Restrictions The SUBRECIPIENT certifies and agrees that travel and conference expenses will not be paid for by funds provided through this Agreement. 7. Procurement and Construction Contracts City of Rancho Cucamonga Page 14 2012-2013 Program Year Community Development Block Grant Program To the extent the Scope of Services set for in Exhibit A includes procurement and construction activities, all procurement and construction contracts shall comply with all relevant portions of OMB Circular A-110, including, but not limited to, the provisions required by OMB Circular A-110 Appendix A as described below: a. Provisions or conditions that allow for administrative, contractual, or legal remedies for breach of contract, and sanctions and penalties for the breach; this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently$100,000); b. Provisions for termination for cause and for convenience by SUBRECIPIENT, the manner that such termination will be effected, and the basis for settlement; this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently$100,000); c. Provisions requiring compliance with Executive Order No. 11246, entitled "Equal Employment Opportunity" as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity"and as supplemented in Department of Labor Regulations (41 C.F.R. Chapter 60). (This Order provides, in part, that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of federally assisted construction contracts); d. Provisions evidencing compliance with the Copeland"Anti-Kickback"Act (18 U.S.C. §74) as supplemented by Department of Labor regulations 29 C.F.R. Part 3, (this Act makes it a criminal offense for any person to induce, by any manner whatsoever, any person employed in the construction, prosecution, completion, or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment); this City of Rancho Cucamonga Page 15 2012-2013 Program Year Community Development Block Grant Program condition is required of all contracts and subgrants in excess of$2,000 for construction or repair; e. Provisions evidencing compliance with the Davis-Bacon Act (40 U.S.C. §276a to a-7) as supplemented by Department of Labor regulations 29 C.F.R. Part 6, (this Act requires provisions regarding minimum wages, fringe benefits, payments with deductions or rebates, withholding funds from contractors to ensure compliance with the wage provision, and termination of the contract or debarment for failure to adhere to the required priority); this condition is required only for construction contracts in excess of$2,000; f. Notice of any CITY requirements and regulations pertaining to reporting copyrights and patents in accordance with 37 C.F.R. Part 401; g. Access by SUBRECIPIENT, the CITY, the federal grantor agency, the Comptroller General of the United States, or documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions; h. Provisions requiring retention of all required records for 3 years after CITY makes final payments and all other pending matters are closed; For contracts in excess of $100,000, provisions requiring compliance with all applicable standards, orders, or requirements of the Clear Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251 et seq.); and provisions requiring that violations of the Clean Air Act and the Federal Water Pollution Control Act be reported to the federal grant awarding agency and the Regional Office of the U.S. Environmental Protection Agency("EPA"); j. Mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Pub. L.94- 163). City of Rancho Cucamonga Page 16 2012-2013 Program Year Community Development Block Grant Program k. Where applicable, all contracts in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5). I. Contracts or agreements for the performance of experimental, development, or research work shall provide for the rights of the Federal Government and the recipient in a resulting invention in accordance with 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." m. Contractors who apply or bid for an award of$100,000 or more shall file the required certification in compliance with 31 U.S.C. § 1352, "Byrd Anti-Lobbying Amendment." n. No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos. 12549 and 12689, "Debarment and Suspension." Contractors with awards in excess of the small purchase threshold shall provide the required certification regarding exclusion status. VIII. PERSONNEL AND PARTICIPANT CONDITIONS A. Affirmative Action Policy The SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, the SUBRECIPIENT shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or because of this program. 1. Provision of Program Services City of Rancho Cucamonga Page 17 2012-2013 Program Year Community Development Block Grant Program a. The SUBRECIPIENT shall not on the ground of race, color, national origin, sex, handicap or familial status exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. The SUBRECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds,on the ground of race, color, national origin, sex, handicap or familial status: 1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. 2) Provide any facilities, services, financial aid, or other benefits that are different or are provided in a different form from that provided to others under the program or activity. 3) Subject to segregated or separate treatment in any facility in,or in any manner of process related to receipt of any service or benefit under the program or activity. 4) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity. 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity. 6) Deny an opportunity to participate in a program or activity as an employee. c. The SUBRECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the City of Rancho Cucamonga Page 18 2012-2013 Program Year Community Development Block Grant Program basis of race, color, national origin, sex, handicap, or familial status or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity for individuals of a particular race,color, national origin,sex, handicap or familial status. d. The SUBRECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, sex, handicap, or familial status or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto. 1) In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUBRECIPIENT has previously discriminated against persons on the grounds of race, color, national origin, sex, handicap, or familial status, the SUBRECIPIENT must take affirmative action to overcome the effects of prior discrimination. 2) Even in the absence of such prior discrimination, the SUBRECIPIENT, in administering a program or activity funded in whole or in part with CDBG funds, should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, sex, handicap, or familial status. Where previous discriminatory practice or usage tends, on the grounds of race, color, national origin, sex, handicap, or familial status, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which CDBG funding applies, the SUBRECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior City of Rancho Cucamonga Page 19 2012-2013 Program Year Community Development Block Grant Program discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. 3) The SUBRECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. e. Notwithstanding anything to the contrary in the provisions under Section VIII.A(1)(b)(1)-(6), nothing contained herein shall be construed to prohibit the SUBRECIPIENT from maintaining or constructing separate living facilities or rest room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, handicap, or familial status. The SUBRECIPIENT shall take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, religion, sex, national origin, age, handicap, or familial status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous place available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. The SUBRECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without City of Rancho Cucamonga Page 20 2012-2013 Program Year Community Development Block Grant Program regards to race, color, religion, sex, national origin, age, handicap, or familial status. c. The SUBRECIPIENT shall 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 CITY's contracting officers advising the labor union or workers' representative of the SUBRECIPIENT's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965,and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. The SUBRECIPIENT shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The SUBRECIPIENT shall furnish to the CITY all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the related rules, regulations,and orders. f. In the event of the SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CITY may cancel, terminate, or suspend in whole or in part its performance and the SUBRECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11245 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The SUBRECIPIENT shall include the provisions of the "Affirmative Action Policy," Section VIII.A and all relevant subsections, in every sub- contract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such City of Rancho Cucamonga Page 21 2012-2013 Program Year Community Development Block Grant Program provisions will be binding upon each sub-contractor or vendor. The SUBRECIPIENT shall take such action for any sub-contract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that, in the event the SUBRECIPIENT becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the CITY, the SUBRECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. The SUBRECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. §6101 et seq.) or regarding any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794). The SUBRECIPIENT shall also provide ready access to and use of all CDBG fund assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. §4151 et seq.) and the Americans with Disabilities Act(42 U.S.C. § 12101 etseq.). 1) Remedies: In the event of SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the City may cancel, terminate, or suspend in whole or in part its performance and SUBRECIPIENT may be declared ineligible for further Government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. 3. Section 3 Clause a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. § 1702u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects City of Rancho Cucamonga Page 22 2012-2013 Program Year Community Development Block Grant Program covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very-low income persons. b. The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by the execution of this contract, the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the SUBRECIPIENT's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles, subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations of 24 C.F.R. Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed,and (2)with persons other than those to whom the regulations of 24 C.F.R. Part 135 require City of Rancho Cucamonga Page 23 2012-2013 Program Year Community Development Block Grant Program employment opportunities to be directed, were not to circumvent the SUBRECIPIENT's obligations under 24 C.F.R. Part 135. f. Noncompliance with regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. B. Conduct 1. Subcontracts a. Approvals The SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY, prior to the execution of such agreement. b. Monitoring The SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of non-compliance. c. Content The SUBRECIPIENT shall cause all of the provisions of this contract, in its entirety, to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The SUBRECIPIENT shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process. 2. Conflict of Interest The SUBRECIPIENT agrees to abide by the provisions of 24 C.F.R. §570.611 regarding conflicts of interest. The SUBRECIPIENT certifies that no member, City of Rancho Cucamonga Page 24 2012-2013 Program Year Community Development Block Grant Program officer, or employee of the SUBRECIPIENT is an officer or employee of the CITY, or a member of any of its boards, commissions, or committees or has any interest or holding which could be affected by any actions taken in execution of this agreement. 3. Lobbying& Lobbying Certification The SUBRECIPIENT certifies,to the best of their knowledge and belief,that: a. 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 in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency, a Member of Congress, an officer or employee 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. c. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements), and that all SUBRECIPIENT's shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352, and the "Byrd Anti- City of Rancho Cucamonga Page 25 2012-2013 Program Year Community Development Block Grant Program • Lobbying Amendment." Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 4. No Benefit to Arise to Local Employee No member, officer, or employee of the CITY, or its designees or agents, no member of the governing body of CITY, and no other public official who exercises any functions or responsibilities regarding the program during his tenure or for 1 year thereafter, shall have any interest, direct or indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 5. Use of Funds for Entertainment or Gifts The SUBRECIPIENT certifies and agrees that it will not use funds provided through this Contract to pay for entertainment or gifts. 6. Copyright If this contract results in any copyrightable material or inventions, the CITY and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work or materials for government purposes. The SUBRECIPIENT agrees to comply with 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contract and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Religious Proselytizing or Political Activities The SUBRECIPIENT agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. 8. Equal Employment Opportunity City of Rancho Cucamonga Page 26 2012-2013 Program Year Community Development Block Grant Program In addition to the Affirmative Action Policy described in Section VIII.A of this Agreement, SUBRECIPIENT agrees to comply with all applicable provisions of Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 C.F.R.Chapter 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." IX. SEVERABILITY If any provision of this Agreement is found to be invalid, void, or unenforceable, the remaining provisions shall, insofar as reasonably possible, continue in full force in effect without being impaired or invalidated in any way. X. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement Xl. COUNTERPARTS This Agreement may be executed in counterparts. When executed, each counterpart shall be deemed an original, irrespective of date of execution. The counterparts shall together constitute one and the same Agreement. XII. EXHIBITS The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. XIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between CITY and SUBRECIPIENT for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and SUBRECIPIENT with respect to this Agreement. In the event of any discrepancy or conflict between this Agreement and the Exhibits,the terms of this Agreement shall control. City of Rancho Cucamonga Page 27 2012-2013 Program Year Community Development Block Grant Program SIGNATURE PAGE IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF RANCHO CUCAMONGA: INLAND FAIR HOUSING AND MEDIATION BOARD: C7C-714 ri 't '4 .04) — L. Dennis Michael' Lye Anderson Mayor Executive Director Id —79 MZCf2 Date Date APPROVED AS TO FORM: 1a Markman 414114‘64— • Attorney 4^3/—/ �- Date City of Rancho Cucamonga Page 28 2012-2013 Program Year Community Development Block Grant Program EXHIBIT A SCOPE OF WORK AND BUDGET PROJECT: INLAND FAIR HOUSING AND MEDIATION BOARD II. CONTACT PERSON: Lynne Anderson Inland Fair Housing and Mediation Board 10681 Foothill Boulevard,Suite 297 Rancho Cucamonga, CA 91730 (909)984-2254 III. SCOPE OF WORK A. General: 1. The SUBRECIPIENT shall administer the following CDBG funded activity: Fair Housing and Landlord/Tenant Housing Mediation Services, in a manner satisfactory to the CITY and consistent with any standards required as a condition of providing these funds. 2. The SUBRECIPIENT shall handle all administrative duties in conformance with all federal CDBG program requirements, including but not limited to OMB Circulars A-87,A-97,A-102,A-110,A-122,A-127, and A-133. 3. The SUBRECIPIENT shall provide program guidelines, which include provisions for an annual goal statement and review of accomplishments. A copy of the referenced annual report shall be submitted to the CITY 30 days after its completion. B. Principal Tasks: 1. Hiring, salaries, benefits,and full responsibility for its staff. 2. Training volunteers to recognize instances of discrimination, handle mediation sessions, perform telephone counseling and initiate complaint resolution. 3. Handling all administrative duties pertaining to accrued cost of operation and paying all bills. 4. Provide for outreach,education,and enforcement actions to affirmatively further fair housing in the CITY including, at a minimum,the following: City of Rancho Cucamonga Page 29 2012-2013 Program Year Community Development Block Grant Program a. Counsel complaining individuals with housing problems of their civil rights under both Federal and State Housing Law. b. Accept complaints from individuals alleging discrimination in housing. c. Testing for discrimination on the bona fide complaint or making an effort to resolve all discrimination complaints through mediation, and if unsuccessful, referring cases for further investigation to the State Department of Fair Employment and Housing,to HUD Fair Housing,or to appropriate attorneys. d. Disseminate up-to-date information and materials explaining State and Federal fair housing laws and services to the public. e. Conducting a workshop on fair housing laws and issues for City employees. f. Preparing articles for publication in local newspapers, magazines,and newsletters, including one for publication in the Grapevine. g. Contacting and cooperating with the local Board of Realtors,Apartment Owner Association,Chamber of Commerce,and similar organizations to inform them of fair hosing laws and encourage voluntary affirmative marketing of housing. h. Advertise SUBRECIPIENT's fair housing services through local newspapers, magazines, radio,and television stations. i. Provide speakers for local service,charitable,and neighborhood groups to educate the public about fair housing rights and responsibilities. j. SUBRECIPIENT shall council at least 52 individuals concerning fair housing discrimination with approximately 25 percent of the cases referred for further investigation. 5. Provide services to promote housing retention through mediation services by assisting lower income persons and protected groups to locate and occupy suitable housing, including at a minimum,the following services: City of Rancho Cucamonga Page 30 2012-2013 Program Year Community Development Block Grant Program a. Inform all incoming callers of their rights and responsibilities under State and Federal Fair Housing Laws. At least 576 households should be provided information. b. Accept questions and complaints from individuals related to landlord/and tenant disputes. c. Make an effort to negotiate or mediate landlord/tenant disputes and, if unsuccessful,assist the complaining party to secure their rights under the law. At least 20 percent of the cases should result in mediation. d. Act as a referral agency for those individuals who require such technical or professional information as may be available from existing community organizations or other institutions. e. Provide informational materials and speakers to local agencies,and service and charitable organizations to inform them of housing rights and available services. C. Outreach and Education: 1. The SUBRECIPIENT shall advertise its program to the residents of Rancho Cucamonga in at least 2 citywide publications and on 1 local Hispanic radio station by December 31, 2012. Evidence of the publications and radio announcement shall be provided to the CITY. D. Records and Reporting: 1. The SUBRECIPIENT shall be responsible for maintaining documentation on financial status, progress toward meeting goals, number and type of services provided,and number of clients assisted from Rancho Cucamonga. 2. The SUBRECIPIENT shall be responsible for reporting data in the following manner: a. Compile a monthly statistical summary report on the number and type of services provided and on the number of clients assisted. Client data shall include the income, ethnicity, age, sex, familial status, disabilities, and female heads of household. City of Rancho Cucamonga Page 31 2012-2013 Program Year Community Development Block Grant Program b. Prepare a monthly narrative report that describes significant accomplishments, highlights, and problems or issues encountered. This report should include descriptive case studies as applicable. c. Complete monthly direct benefit form (Exhibit B). d. Submit quarterly reports to include the following: 1) Copies of all literature/information disseminated during the previous quarter. 2) Copies of workshop/seminar notices and programs/agendas. 3) Proof of publication for all advertising. 4) Copies of all publications for all advertising. 5) Copies of all regularly published newsletters. 6) Copies of schedules for all activities participated in during the previous quarter. 7) Any other documentation which would verify the SUBRECIPIENT's activities during the quarter. E. Budget: The CITY will fund the activities of the SUBRECIPIENT as described in Section III. A & B, in an amount not to exceed $8,800 for Fair Housing Counseling and $7,300 for Landlord/Tenant Mediation Services. The CITY will make monthly payments to the SUBRECIPIENT in the period beginning July 1, 2012, and ending June 30, 2013. Payments will be on a reimbursement basis for the amount of services rendered. F. Payment Request: Submit an original monthly progress payment request which shall be accompanied by "audit ready" supportive evidence of each expenditure and proof of payment (i.e., payroll, utility bills, rent receipts, material costs, etc.). Compensation shall be provided as outlined in Section IV of the Contract document. City of Rancho Cucamonga Page 32 2012-2013 Program Year Community Development Block Grant Program f f s AanH a E E PaPeaHm�a \ / 0• 0 - 0 CU 01 % a) a) I ° \ CI• 2 k 2gma2mm ▪ _ea co CO E a� . 0 = E a) c u A= m f \ m 0 A©e eNe les CO 2 � C JO 9w _ E I / ' q ƒ E pqm 8 0 to _ I § E § � �oupawV o E � 7 ups JO pm@ U w 2 0 D cc 0 Tr. M.c f k E 2 % E k ■f = ƒ • $ § &c O @ k m all Ao 0 - D co - a@Ngm¥J — ue mup■W¥ ` ,0 � 0 .c \ ] in E — / K 2 a \ \ E• G ' v I4M 2 E 0 - c / el 0 L '��' j \ @ m k 0_ 3edago� — ± 0 t. uqem eHa aN 0 in :13 . \ j / « E �• 2 mc ® ue■w¥ c . Z ups pe - /2 o 0 e , k \ { K c § 6 4 / ° um% ) ) & Ea C ck o Z ƒ ' » , cw 2 LI - aoeNgm¥J — l. 2 E $ umP tue awv \ - _ § 0 • V / C1) ST 0 WA%oE_Rq) \ \ § I 3 cc 0 aEm 1A� waX3 e2 g � ±/ § u _ . 2 k \ f % S $ § 4 o c Ww%§m%%� 0 2 \ °D Oa I c z - 7, a em 1 . � . E M I m •& � Z Ww%%am%%g \ ± t \ \ \ //\ le? % w 3 ��mpw � / .c a % .c al _ a A7 O• 4 / E Ww%Bm�v) E / E0 \� 4 ' o awompnaov U _ e' •E Z q F - ± - k § 0 > 2 . 0 f k \ W § k / { \ e o o a - a -. » » ¢ § 0 ( P 7|�V|mo - cu /\ in u 2 < Z I o co r w w ni i EXHIBIT C WORKERS'COMPENSATION INSURANCE CERTIFICATE The SUBRECIPIENT shall execute the following form as required by the California Labor Code, Sections 1860 and 1861. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement. INLAND FAIR HOUSING AND MEDIATION BOARD: 401 , L Y nneJAnderson Executive Director Date ATTEST: • Signature Title City of Rancho Cucamonga Page 34 2012-2013 Program Year Community Development Block Grant Program 2012—2013 PROGRAM YEAR CDBG SUBRECIPIENT AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA, a Municipal Corporation AND HOUSE OF RUTH TABLE OF CONTENTS RECITALS 1 AGREEEMENT 2 SCOPE OF SERVICES 2 A. Service Area 2 B. Scope of Services 2 II. BUDGET 2 III. TIME OF PERFORMANCE 2 IV. COMPENSATION AND METHOD OF PAYMENT 2 V. NOTICES 3 VI. GENERAL CONDITIONS 3 A. City Review 3 B. Subrecipient Status 3 C. Indemnification 3 D. Compliance with Laws and Assurances 4 E. Independent Contractor 4 F. Assignment 4 G. Suspension or Termination 4 H. Insurance& Bonding 5 1. Workers' Compensation Insurance 5 2. Public Liability and Property Damage 6 3. General Insurance Requirements 6 I. National Objective 6 J. Amendments;Variations 7 K. Changes in Grant Allocation 7 L. Fiscal Limitations 7 M. Program Monitoring 8 VII. ADMINISTRATIVE REQUIREMENTS 8 A. Financial Management 8 1. Accounting Standards 8 2. Cost Principles 9 3. Joint Funding 9 B. Documentation & Record Keeping 9 1. Records to be Maintained 9 2. Records Retention 10 3. Reversion of Assets 10 4. Close Outs 10 5. Audits 11 C. Reporting 11 1. Program Reporting 12 2. Program Income 12 D. Procurement 12 1. OMB Standards 12 2. Purchase and Invoice Deadlines 13 3. Non-Expendable Property 13 4. Expendable Personal Property 13 5. Purchase or Lease of Non-Expendable Property or Equipment 13 6. Travel and Conference Restrictions 14 City of Rancho Cucamonga Page i 2012-2013 Program Year Community Development Block Grant Program 7. Procurement and Construction Contracts 14 VIII. PERSONNEL AND PARTICIPANT CONDITIONS 16 A. Affirmative Action Policy 16 1. Provision of Program Services 17 2. Employment Discrimination 19 3. Section 3 Clause 21 B. Conduct 23 1. Subcontracts 23 a. Approvals 23 b. Monitoring 23 c. Content 23 d. Selection Process 23 2. Conflict of Interest 23 3. Lobbying& Lobbying Certification 24 4. No Benefit to Arise to Local Employee 25 5. Use of Funds for Entertainment or Gifts 25 6. Copyright 25 7. Religious Proselytizing or Political Activities 25 8. Equal Employment Opportunity • 25. IX. SEVERABILITY 26 X. SECTION HEADINGS AND SUBHEADINGS 26 XI. COUNTERPARTS 26 XII. EXHIBITS 26 XIII. ENTIRE AGREEMENT 26 SIGNATURE PAGE 27 EXHIBIT A 28 EXHIBIT B 31 EXHIBIT C 32 City of Rancho Cucamonga Page ii 2012-2013 Program Year Community Development Block Grant Program • This Agreement is made and entered into this 1St day of July 2012, between the City of Rancho Cucamonga (hereinafter referred to as the"CITY"),and the HOUSE OF RUTH,a non-profit organization under the laws of the State of California (hereinafter referred to as the "SUBRECIPIENT") for the purposes of operating a battered women's shelter and referral service. RECITALS 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 the Housing and Community Development Act of 1974(hereinafter referred to as the "ACT"), as amended; and WHEREAS,pursuant to Section 570.208(a)(2)of Chapter 24 of the U.S.Code of Federal Regulations("C.F.R."), an objective of the CITY's CDBG program is to provide benefit to low- and moderate-income families including battered spouses and their children; and WHEREAS,pursuant to§ 570.201(e),this benefit may be provided as a necessary public service program;and WHEREAS,the CITY and SUBRECIPIENT propose to provide the community an accessible shelter and referral office for victims of domestic violence; and WHEREAS, SUBRECIPIENT is qualified by virtue of its experience to participate in the CDBG program. NOW,THEREFORE, in consideration of the performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows: City of Rancho Cucamonga Page 1 2012-2013 Program Year Community Development Block Grant Program AGREEEMENT - SCOPE OF SERVICES A. Service Area The service area is the CITY. B. Scope of Services The HOUSE OF RUTH, as the SUBRECIPIENT shall perform all the services described in the project description and Scope of Services set forth as Exhibit A to this Agreement,a copy of which is attached hereto and incorporated herein by reference. II. BUDGET The SUBRECIPIENT shall comply with the budget specified in Exhibit A to this Agreement,a copy of which is attached hereto and incorporated herein by reference. III. TIME OF PERFORMANCE The described services of the SUBRECIPIENT are to commence on July 1, 2012, and shall be completed no later than June 30, 2013. IV. COMPENSATION AND METHOD OF PAYMENT CITY shall reimburse for allowable costs incurred under the scope of this Agreement and applicable federal regulations,which have not been paid for or reimbursed in any other manner by any other Agency or private source of funding. Reimbursement will be made no more than on a monthly basis, with the total of all reimbursements not to exceed $5,500. Drawdowns for the payment of eligible expenses shall be made against the budget specified in Exhibit A and in accordance with performance. Payments will contingent upon certification of the SUBRECIPIENT's financial management system in accordance with the standards specified in OMB Circular A-110, Subpart C, paragraph .21, Standards for Financial Management Systems. Disbursement of payment to SUBRECIPIENT shall be made by monthly reimbursements,contingent upon CITY's receipt of a monthly summary statement for all previous month's expenditures. Monthly expenditure reports shall be documented with"Audit Ready"supportive evidence of each expenditure and proof of payment, in accordance with HUD regulations. Reimbursement shall be limited to the total of approved properly documented expenditures. City of Rancho Cucamonga Page 2 2012-2013 Program Year Community Development Block Grant Program SUBRECIPIENT must submit the monthly expenditure reports by the 15th calendar day of the month following the month of services, regardless of expenditure amount. Within 30 days of receipt by CITY of each properly documented and timely submitted expenditure report, CITY will draw a warrant in favor of SUBRECIPIENT for approved expenditure amounts. Expenditure reports received after the 15th calendar day of the month in which payment is requested will cause unavoidable delays in payment processing. V. NOTICES All notices,memoranda,reports,drafts,and communications shall be served in writing. The notices shall be sent to the following addresses: SUBRECIPIENT: CITY: Suzanne Aebischer Thomas Grahn House of Ruth City of Rancho Cucamonga PO Box 459 10500 Civic Center Drive Claremont, CA 91711 P.O. Box 807 Rancho Cucamonga, CA 91729-0807 VI. GENERAL CONDITIONS A. City Review The CITY reserves the right to review and approve actions and decisions taken by SUBRECIPIENT regarding operation of a battered women's shelter and referral service for compliance with all applicable regulations. B. Subrecipient Status 1. The CITY recognizes SUBRECIPIENT as an independent non-profit organization and agrees to cooperate in protecting its image as a politically neutral organization. 2. SUBRECIPIENT warrants and agrees that it is not a party listed on the General Service Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos. 12549 and 12689,"Debarment and Suspension." If the amount of this Agreement exceeds the small purchase threshold established by 41 U.S.C. §403(11) (currently$100,000), SUBRECIPIENT agrees to provide the required certification regarding its exclusion status. C. Indemnification City of Rancho Cucamonga Page 3 2012-2013 Program Year Community Development Block Grant Program SUBRECIPIENT shall indemnify and hold harmless CITY, its elected and appointed officials, officers,agents,and employees from all liability from loss,damage,or injury to persons or property, including the payment by SUBRECIPIENT of any and all legal costs and attorney's fees,in any manner arising out of or incidental to the performance by SUBRECIPIENT of this Agreement,including but not limited to,all consequential damages,to the maximum extent permitted by law. D. Compliance with Laws and Assurances SUBRECIPIENT hereby assures and certifies that it has complied and will continue to comply with the ACT and all applicable federal, state, and local laws, ordinances, regulations, policies,guidelines,and requirements as they relate to acceptance and use for federal funds for this federally assisted program. This Agreement is subject to all such laws,ordinances, regulations,policies,and guidelines,including without limitation,the ACT,24 C.F.R. Part 85; 24 C.F.R. Part 570;and U.S.Office of Management and Budget("OMB")Circulars applicable, including without limitation, A-87, A-97,A-102, A-110, A-122, A-127, and A-133. E. Independent Contractor The parties hereto in the performance of this Agreement will be acting in the independent capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees,officers,officials,agents,and volunteers of one party shall not be deemed or construed to be the agent or employees of the other party for any purpose whatsoever. F. Assignment This Agreement is not assignable by SUBRECIPIENT without the express prior written consent of CITY,which consent shall be given at the CITY's sole discretion. Any attempt by SUBRECIPIENT to assign any performance of the terms of this Agreement shall be void and shall constitute a material breach of this Agreement upon which the CITY may, among its other remedies, and without limitation, cancel, terminate, or suspend this Agreement. G. Suspension or Termination This Agreement may be terminated in whole or in part at any time by either party upon giving their 30 days notice in writing to the other party. Agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions City of Rancho Cucamonga Page 4 2012-2013 Program Year Community Development Block Grant Program of 24 C.F.R. §85.44, Termination for Convenience. CITY's Planning Director is hereby empowered to give the notice subject to ratification by the City Council. In addition, CITY may immediately terminate this Agreement 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 Agreement is rendered improbable, infeasible, or impossible. If the SUBRECIPIENT materially fails to comply with any term of this Agreement,CITY may take one or more of the actions provided under 24 C.F.R. § 85.43, Enforcement, which includes temporarily withholding cash, disallowing non-compliant costs,wholly or partly terminating the award,withholding future awards, and other remedies that are legally available. In such event, the SUBRECIPIENT 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 been previously reimbursed,to the date of the termination to the extent that CDBG funds are available from HUD. H. Insurance & Bonding The SUBRECIPIENT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the SUBRECIPIENT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. The SUBRECIPIENT shall take out and maintain at all times during the terms of this Agreement the following policies of insurance: 1. Workers' Compensation Insurance Before beginning work, the SUBRECIPIENT shall furnish to CITY a certificate of insurance as proof that it has taken out full Workers'Compensation Insurance for all persons who it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. The SUBRECIPIENT, prior to commencing work, shall sign and file with CITY a certification as follows (Exhibit C): City of Rancho Cucamonga Page 5 2012-2013 Program Year Community Development Block Grant Program I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this Agreement. 2. Public Liability and Property Damage Throughout the term of this Agreement,at SUBRECIPIENT's sole cost and expense, the SUBRECIPIENT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of the CITY and SUBRECIPIENT,comprehensive,broad form,general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from the SUBRECIPIENT's activities, providing protection of‘at least $500,000 for bodily injury or death to any one person or for any one accident or occurrence and at least $500,000 for property damage. 3. General Insurance Requirements All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs_.21(c)to(e)and of paragraph _.31 of Subpart C of OMB Circular A-110 shall name as additional insured CITY,its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non-contributing with any insurance that may be carried by CITY;and (3)they cannot be canceled or materially changed except after 30 days notice by the insurer to CITY by certified mail. SUBRECIPIENT may effect for its own account insurance not required under this Agreement. 4. The SUBRECIPIENT shall comply with all bonding and insurance requirements as required by OMB Circular A-102 Attachment B, OMB Circular A-110, and other relevant regulations. National Objective The SUBRECIPIENT agrees to guarantee that at least 51 percent of the beneficiaries of the program identified in Exhibit A,Scope of Services,are low-and moderate-income persons or City of Rancho Cucamonga Page 6 2012-2013 Program Year Community Development Block Grant Program households. Under CDBG regulation,the following clientele categories are presumed to be low-and moderate-income persons and can qualify for service regardless of income:abused children, battered spouses, illiterate persons, and migrant farm workers. Beneficiaries qualifying on the basis of income shall have an annual income equal to or less than the HUD Section 8(of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits for the Riverside-San Bernardino-Ontario MSA define the maximum family income for low- and moderate-income households. The SUBRECIPIENT is responsible for obtaining from CITY the current applicable HUD Section 8 Income Limits for each year of the Contract term identified in Section III of this Agreement,Time of Performance. The SUBRECIPIENT shall retain these forms for 3 years after conclusion of their contract. • J. ,Amendments;Variations The CITY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement,and are executed in writing,signed by a duly authorized representative of both organizations, and approved by the CITY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the CITY or SUBRECIPIENT from its obligations under this Agreement. The CITY may, in its discretion,amend this Agreement to conform with changes to federal, state,or local governmental guidelines, policies,and available funding amounts,or for other reasons. If, however, such changes results in a change in the funding,scope of services,or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both CITY and SUBRECIPIENT. K. Changes in Grant Allocation CITY reserves the right to reduce the grant allocation when CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with the SUBRECIPIENT. Such changes shall be incorporated into this Agreement by written amendments. L. Fiscal Limitations The United States of America through HUD may in the future place programmatic or fiscal limitation(s)on CDBG funds not presently anticipated. Accordingly,CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. City of Rancho Cucamonga Page 7 2012-2013 Program Year Community Development Block Grant Program In the event of funding reduction,CITY may reduce the budget of Agreement as a whole or as to cost category, and may at its sole discretion, limit the SUBRECIPIENT's authority to commit and spend funds,and may restrict the SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding that affects funding for this Agreement, the Planning Director or his/her designee may act for CITY in implementing and effecting such a reduction in revising the Agreement for such purpose. The Planning Director or his/her designee may act for CITY in suspending the operation of the Agreement for up to 60 days, upon 3 days written notice to the SUBRECIPIENT of his/her intention to so act. In no event, however, shall any revision made by CITY affect expenditures and legally binding commitments made by the SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are • consistent with HUD cash withdrawal guidelines. M. Program Monitoring The CITY will conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable objectives achieved,effectiveness of program management, and impact of the program. Authorized representatives of CITY and HUD shall have the right of access to all activities and facilities operated by the SUBRECIPIENT 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 inspection by CITY and HUD representatives,and ensure that its employees and board members furnish such information, as in the judgment of CITY and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The SUBRECIPIENT agrees to comply with OMB Circular A-110, Subpart C, paragraph_.21,Standards for Financial Management,and agrees to adhere to the accounting principles and procedures required therein,as well as the standards set City of Rancho Cucamonga Page 8 2012-2013 Program Year Community Development Block Grant Program forth in 24 CFR § 84.21-84.28, to utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The SUBRECIPIENT shall administer its program in conformance with OMB Circular A-122 "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs whether charged on a direct or indirect basis. 3. Joint Funding For programs in which there are sources of funds in addition to CDBG funds, the SUBRECIPIENT shall provide proof of such funding. The CITY shall not pay for any services provided by the SUBRECIPIENT that are funded by other sources. All restrictions and/or requirements provided in this agreement relative to accounting, budgeting,and reporting apply to the total program regardless of funding sources. B. Documentation & Record Keeping 1. Records to be Maintained The SUBRECIPIENT shall maintain all records: (1) required by the Federal Regulations specified in 24 C.F.R. § 570.506, (2) pertinent to the activities to be funded under this Agreement,or(3)required by the Federal Register Notices. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisitions,improvements,and use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with affirmative action and citizen participation components of the CDBG program; f. Financial records as required by 24 C.F.R. § 570.502, and OMB Circular A- 110; City of Rancho Cucamonga Page 9 2012-2013 Program Year Community Development Block Grant Program g. Other records necessary to document compliance with 24 C.F.R. Part 570, Subpart K; and h. Other records necessary to document income eligibility requirements of participants. 2. Records Retention The SUBRECIPIENT shall maintain all records required by the Federal Regulations specified in 24 C.F.R. § 570.506, that are pertinent to the activities funded under this Agreement, and as further described in Exhibit A. Financial records, supporting documents, statistical records,and all other records pertaining to the use of the funds provided under this Agreement shall be retained by the SUBRECIPIENT for a period of 4 years, at a minimum, and in the event of litigation,claim,or audit,the records shall be retained until all litigation,claims,and audit findings involving the records have been fully resolved. Records for non- expendable property acquired with federal funds provided under this Agreement shall be retained for 4 years after the final disposition of such property. 3. Reversion of Assets Upon the expiration or termination of this Agreement,for any reason whatsoever, the SUBRECIPIENT shall forthwith transfer to CITY,any CDBG funds on hand at the time of such expiration or termination and any accounts receivable attributable to the use of CDBG funds including, without limitation, program income. Any real property under the control of SUBRECIPIENT that was acquired or improved in whole or in part with CDBG funds in excess of$25,000 shall either be: (a) used to meet one of the national objectives set forth in 24 C.F.R. § 570.208, or any successor statute, until 5 years after the expiration or termination of the Agreement, or for such longer period of time as determined to be appropriate by the CITY at it's sole discretion; or (b) disposed of in a manner that results in the CITY's being reimbursed in the amount of the current fair market value of real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, such real property. 4. Close Outs City of Rancho Cucamonga Page 10 2012-2013 Program Year Community Development Block Grant Program • The SUBRECIPIENT's obligation to the CITY shall not end until all closeout requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records. 5. Audits The SUBRECIPIENT is required to arrange for an independent financial and compliance audit annually for each fiscal year federal funds are received or expended under this Agreement. Audits must comply with OMB Circular A-133. An audit may be conducted by federal,state, or local funding source agencies as part of the CITY's audit responsibilities. The results of the independent audit must be submitted to the CITY within 30 days of completion. Within 30 days of submission of the audit report, the SUBRECIPIENT shall provide a written response to all conditions of findings reported in the audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All conditions or finding correction actions shall take place within 6 months after receipt of the audit report. CITY and its authorized representatives shall at all times,have access for the purpose of audit or inspection, to any and all books, documents, papers, records, property, and premises of the SUBRECIPIENT. The SUBRECIPIENT's staff will cooperate fully with authorized auditors when they conduct audits and examinations of the SUBRECIPIENT's program. If indications of misappropriation or misapplication of the funds of this Contract cause CITY to require a special audit, the cost of the audit will be encumbered and deducted from this Contract budget. Should CITY subsequently determine that the special audit was not warranted,the amount encumbered will be restored to the Contract budget. Should the special audit confirm misappropriation or misapplication of funds, the SUBRECIPIENT shall reimburse CITY the amount of misappropriate or misapplication. In the event CITY uses the judicial system to recover misappropriated or misapplied funds,the SUBRECIPIENT shall reimburse CITY legal fees and court costs in addition to awards. C. Reporting City of Rancho Cucamonga Page 11 2012-2013 Program Year Community Development Block Grant Program 1. Program Reporting The SUBRECIPIENT agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD, or CITY. The SUBRECIPIENT shall maintain such property, personnel,financial,and other records and accounts as are considered necessary by HUD or CITY to assure proper accounting for all Contract funds, as specified in Exhibit A. All the SUBRECIPIENT's records, with the exception of confidential client information, shall be made available to representatives of CITY and the appropriate federal agencies. The SUBRECIPIENT is required to submit data necessary to complete the Consolidated Plan Annual Performance and Evaluation Report in accordance with HUD regulations in the format and at the time designated by the CITY. The SUBRECIPIENT shall complete and deliver to CITY a"Summary of Activities Having Direct Benefits"Form(Exhibit B) on or before the 15th of the month.following the month being reported, or as otherwise required by HUD. 2. Program Income The SUBRECIPIENT shall report,on a monthly basis,all program income as defined by 24 C.F.R. § 570.500(a)generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth in 24 C.F.R. § 570.504. By way of further limitations, the SUBRECIPIENT may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of such program balances on hand. All unused program income shall be returned to the CITY at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the CITY. D. Procurement 1. OMB Standards To the extent any funds received by SUBRECIPIENT under this Agreement are used for procurement of materials,property,or services,the SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements OMB Circular A-110, Subpart C, paragraphs_.40 to_.48, Procurement Standards. City of Rancho Cucamonga Page 12 2012-2013 Program Year Community Development Block Grant Program 2. Purchase and Invoice Deadlines Purchase of equipment or property must be completed before the-last 3,months of the initial performance period and all equipment bills are to be paid before the last 2 months of this period. No expendable or non-expendable property or equipment is to be purchased during the final 3 months of the initial performance period unless approved by CITY in writing. Invoices for all obligations incurred under this Contract must be submitted to CITY's Planning Department within 60 days after the initial performance period termination date or they may not be honored. Exceptions to the preceding limitations require prior written approval by the CITY. 3. Non-Expendable Property A record shall be maintained by the SUBRECIPIENT for each item of non-expendable property acquired for this program with CDBG funds. This record shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of the CITY. Non-expendable property means tangible personal property having a useful life of more than 1 year and an acquisition cost of $300 or more per unit. The SUBRECIPIENT shall not purchase or agree to purchase non-expendable property without the prior written approval from the CITY. Upon completion or early termination of this Agreement, CITY reserves the right to determine the final disposition of the non-expendable property acquired for this program and CDBG funds in compliance with applicable laws and regulations. The disposition may include, but is not limited to, CITY taking possession of the non- expendable property. 4. Expendable Personal Property Expendable personal property refers to all tangible personal property other than non-expendable personal property. The SUBRECIPIENT shall not purchase or agree to purchase expendable personal property with a unit value of$300 or more per unit without the prior written approval of the CITY. 5. Purchase or Lease of Non-Expendable Property or Equipment The SUBRECIPIENT shall obtain 3 documented bids prior to purchasing or leasing -- any non-expendable personal property or equipment over$300 in unit value. The SUBRECIPIENT shall purchase or lease from the lowest responsive and responsible City of Rancho Cucamonga Page 13 2012-2013 Program Year Community Development Block Grant Program bidder. All equipment that has a purchase or lease price of over$50 in unit value and life expectancy of more than 1 year shall be properly identified and inventoried and shall be charged at its actual price. This inventory shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of CITY. 6. Travel and Conference Restrictions The SUBRECIPIENT certifies and agrees that travel and conference expenses will not be paid for by funds provided through this Agreement. 7. Procurement and Construction Contracts To the extent the Scope of Services set for in Exhibit A includes procurement and construction activities, all procurement and construction contracts shall comply with all relevant portions of OMB Circular A-110, including, but not limited to,the provisions required by OMB Circular A-110 Appendix A as described below: a. Provisions or conditions that allow for administrative,contractual,or legal remedies for breach of contract, and sanctions and penalties for the breach; this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); b. Provisions for termination for cause and for convenience by SUBRECIPIENT, the manner that such termination will be effected, and the basis for settlement;this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); c. Provisions requiring compliance with Executive Order No. 11246,entitled "Equal Employment Opportunity" as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity" and as supplemented in Department of Labor Regulations (41 C.F.R. Chapter 60). (This Order provides, in part, that no person shall be discriminated against on the basis of race, color, religion, sex,or national origin in all phases of employment during the performance of federally assisted construction contracts); City of Rancho Cucamonga Page 14 2012-2013 Program Year Community Development Block Grant Program d. Provisions evidencing compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. § 74) as supplemented by Department of Labor regulations 29 C.F.R. Part 3, (this Act makes it a criminal offense for any person to induce, by any manner whatsoever, any person employed in the construction, prosecution, completion, or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States,to give up any part of the compensation to which he is entitled under his contract of employment); this condition is required of all contracts and subgrants in excess of$2,000 for construction or repair; e. Provisions evidencing compliance with the Davis-Bacon Act (40 U.S.G. § 276a to a-7) as supplemented by Department of Labor regulations 29 C.F.R. Part 6, (this Act requires provisions regarding minimum wages, fringe benefits, payments with deductions or rebates, withholding funds from contractors to ensure compliance with the wage provision, and termination of the contract or debarment for failure to adhere to the required priority); this condition is required only for construction contracts in excess of$2,000; f. Notice of any CITY requirements and regulations pertaining to reporting copyrights and patents in accordance with 37 C.F.R. Part 401; g. Access by SUBRECIPIENT, the CITY, the federal grantor agency, the Comptroller General of the United States, or documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and, transcriptions; h. Provisions requiring retention of all required records for 3 years after CITY makes final payments and all other pending matters are closed; For contracts in excess of$100,000, provisions requiring compliance with all applicable standards, orders, or requirements of the Clear Air Act (42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251 etseq.);and provisions requiring that violations City of Rancho Cucamonga Page 15 2012-2013 Program Year Community Development Block Grant Program of the Clean Air Act and the Federal Water Pollution Control Act be reported to the federal grant awarding agency and the Regional Office of the U.S. Environmental Protection Agency("EPA"); j. Mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163). k. Where applicable, all contracts in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Contracts or agreements for the performance of experimental, development, or research work shall provide for the rights of the Federal Government and the recipient in a resulting invention in accordance with 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government. Grants, Contracts and Cooperative Agreements." m. Contractors who apply or bid for an award of$100,000 or more shall file the required certification in compliance with 31 U.S.C. § 1352, "Byrd Anti- Lobbying Amendment." n. No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos.12549 and 12689, "Debarment and Suspension." Contractors with awards in excess of the small purchase threshold shall provide the required certification regarding exclusion status. VIII. PERSONNEL AND PARTICIPANT CONDITIONS A. Affirmative Action Policy City of Rancho Cucamonga Page 16 2012-2013 Program Year Community Development Block Grant Program The SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, the SUBRECIPIENT shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or because of this program. 1. Provision of Program Services a. The SUBRECIPIENT shall not on the ground of race, color, national origin, sex, handicap or familial status exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. The SUBRECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the ground of race, color, national origin, sex, handicap or familial status: 1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. 2) Provide any facilities,services,financial aid,or.other benefits that are different or are provided in a different form from that provided to others under the program or activity. 3) Subject to segregated or separate treatment in any facility in,or in any manner of process related to receipt of any service or benefit under the program or activity. 4) Restrict in any way access to,or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity. 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services,or other benefit provided under the program or activity. City of Rancho Cucamonga Page 17 2012-2013 Program Year Community Development Block Grant Program 6) Deny an opportunity to participate in a program or activity as an employee. c. The SUBRECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race,color,national origin,sex, handicap,or familial status or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity for individuals of a particular race, color, national origin, sex, handicap or familial status. d. The SUBRECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race,color,national origin,sex,handicap, or familial status or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto. 1) In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUBRECIPIENT has previously discriminated against persons on the grounds of race, color, national origin,sex,handicap,or familial status,the SUBRECIPIENT must take affirmative action to overcome the effects of prior discrimination. 2) Even in the absence of such prior discrimination, the SUBRECIPIENT, in administering a program or activity funded in whole or in part with CDBG funds,should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, sex, handicap, or familial status. Where previous discriminatory practice or usage tends, on the grounds of race, color, national origin, sex, handicap, or familial status,to exclude individuals from participation in, to deny them the benefits of,or City of Rancho Cucamonga Page 18 2012-2013 Program Year Community Development Block Grant Program to subject them to discrimination under any program or activity to which CDBG funding applies,the SUBRECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage,and to accomplish the purpose of the Civil Rights Act of 1964. 3) The SUBRECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. e. Notwithstanding anything to the contrary in the provisions under Section VIII.A(1)(b)(1)-(6), nothing contained herein shall be construed to prohibit the SUBRECIPI ENT from maintaining or constructing separate living facilities or rest room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, handicap, or familial status. The SUBRECIPIENT shall take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, religion, sex, national origin, age, handicap, or familial status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous place available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. City of Rancho Cucamonga Page 19 2012-2013 Program Year Community Development Block Grant Program b. The SUBRECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regards to race, color, religion, sex, national origin, age, handicap, or familial status. c. The SUBRECIPIENT shall 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 CITY's contracting officers advising the labor union or workers' representative of the SUBRECIPIENT's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. The SUBRECIPIENT shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The SUBRECIPIENT shall furnish to the CITY all information and reports required by Executive Order No. 11246 of September 24, 1965,and by the related rules, regulations, and orders. f. In the event of the SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement,the CITY may cancel,terminate,or suspend in whole or in part its performance and the SUBRECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11245 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The SUBRECIPIENT shall include the provisions of the "Affirmative Action Policy,"Section VIII.A and all relevant subsections,in every sub-contract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order City of Rancho Cucamonga Page 20 2012-2013 Program Year Community Development Block Grant Program No. 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. The SUBRECIPIENT shall take such action for any sub-contract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non-compliance; provided,however,that,in the event the SUBRECIPIENT becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the CITY, the SUBRECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. The SUBRECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) or regarding any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973(29 U.S.C. § 794). The SUBRECIPIENT shall also provide ready access to and use of all CDBG fund assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. §4151 et seq.) and the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.). 1) Remedies: In the event of SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the City may cancel, terminate, or suspend in whole or in part its performance and SUBRECIPIENT may be declared ineligible for further Government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. 3. Section 3 Clause a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended 12 U.S.C. § 1702u(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,to City of Rancho Cucamonga Page 21 2012-2013 Program Year Community Development Block Grant Program the greatest extent feasible, be directed to low- and very-low income persons. b. The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by the execution of this contract,the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the SUBRECIPIENT's commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles, subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135,and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations of 24 C.F.R. Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require City of Rancho Cucamonga Page 22 2012-2013 Program Year Community Development Block Grant Program employment opportunities to be directed, were not to circumvent the SUBRECIPIENT's obligations under 24 C.F.R. Part 135. f. Noncompliance with regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. B. Conduct 1. Subcontracts a. Approvals The SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY, prior to the execution of such agreement. b. Monitoring The SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of non-compliance. c. Content The SUBRECIPIENT shall cause all of the provisions of this contract, in its entirety,to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The SUBRECIPIENT shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process. 2. Conflict of Interest The SUBRECIPIENT agrees to abide by the provisions of 24 C.F.R. § 570.611 regarding conflicts of interest. The SUBRECIPIENT certifies that no member,officer, or employee of the SUBRECIPIENT is an officer or employee of the CITY, or a City of Rancho Cucamonga Page 23 2012-2013 Program Year Community Development Block Grant Program member of any of its boards, commissions, or committees or has any interest or holding which could be affected by any actions taken in execution of this agreement. 3. Lobbying & Lobbying Certification The SUBRECIPIENT certifies,to the best of their knowledge and belief, that: a. 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 in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract,grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency,a Member of Congress,an officer or employee 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. c. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements), and that all SUBRECIPIENT's shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352, and the "Byrd Anti-Lobbying Amendment." Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Rancho Cucamonga Page 24 2012-2013 Program year Community Development Block Grant Program 4. No Benefit to Arise to Local Employee No member, officer, or employee of the CITY, or its designees or agents, no member of the governing body of CITY, and no other public official who exercises any functions or responsibilities regarding the program during his tenure or for 1 year thereafter, shall have any interest, direct or indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof,for work to be performed in connection with the program assisted under this Agreement. 5. Use of Funds for Entertainment or Gifts The SUBRECIPIENT certifies and agrees that it will not use funds provided through this Contract to pay for entertainment or gifts. 6. Copyright If this contract results in any copyrightable material or inventions,the CITY and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use,the work or materials for government purposes. The SUBRECIPIENT agrees to comply with 37 C.F.R. Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contract and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Religious Proselytizing or Political Activities The SUBRECIPIENT agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. 8. Equal Employment Opportunity In addition to the Affirmative Action Policy described in Section VIII.A of this Agreement, SUBRECIPIENT agrees to comply with all applicable provisions of Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375,"Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at City of Rancho Cucamonga Page 25 2012-2013 Program Year Community Development Block Grant Program 41 C.F.R. Chapter 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." IX. SEVERABILITY If any provision of this Agreement is found to be invalid, void, or unenforceable, the remaining provisions shall, insofar as reasonably possible, continue in full force in effect without being impaired or invalidated in any way. X. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement XI. COUNTERPARTS This Agreement may be executed in counterparts. When executed, each counterpart shall be deemed an original, irrespective of date of execution. The counterparts shall together constitute one and the same Agreement. XII. EXHIBITS The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. XIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between CITY and SUBRECIPIENT for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and SUBRECIPIENT with respect to this Agreement. In the event of any discrepancy or conflict between this Agreement and the Exhibits,the terms of this Agreement shall control. City of Rancho Cucamonga Page 26 2012-2013 Program Year Community Development Block Grant Program SIGNATURE PAGE IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF RANCHO CUCAMONGA: HOUSE OF RUTH: LLIVUte aa,t13- ehid L. Dennis Michae /Suzann Aebischer Mayor Executive Director /7/a/IJ-- Date Date APPROVED AS TO FORM: J es Markman ity Attorney ^/J- Date City of Rancho Cucamonga Page 27 2012-2013 Program Year Community Development Block Grant Program EXHIBIT A SCOPE OF WORK AND BUDGET PROJECT: HOUSE OF RUTH II. CONTACT PERSON: Suzanne Aebischer House of Ruth PO Box 459 Claremont, CA 91711 (909) 632-4364 III. SCOPE OF WORK A. General: 1. The SUBRECIPIENT shall administer the following CDBG funded activity: battered women's shelter and referral service, in a manner satisfactory to the CITY and consistent with any standards required as a condition of providing these funds. 2. The SUBRECIPIENT shall handle all administrative duties in conformance with all federal CDBG program requirements,including but not limited to OMB Circulars A- 87, A-97,A-102,A-110, A-122, A-127, and A-133. 3. The SUBRECIPIENT shall provide program guidelines, which include provisions for an annual goal statement and review of accomplishments. A copy of the referenced annual report shall be submitted to the CITY 30 days after its completion. B. Principal Tasks: 1. 24-Hour Crisis Intervention Hotline—Assist 150 calls. 2. Emergency Shelter—Assist 2 battered women and children. The 20 bed, 24-hour emergency safe shelter provides up to 30 days for programs and support for battered women and their children, including food, clothing, and personal care items. 3. Outreach—Assist 55 battered women. Supportive services and counseling are provided in an outreach setting at House of Ruth's Walk-in Center at 599 N. Main Street, Pomona and at the Rancho Cucamonga Family Resource Center at City of Rancho Cucamonga Page 28 2012-2013 Program Year Community Development Block Grant Program 9791 Arrow Route, weekly during normal business hours; evening appointments are available as needed. Services include counseling for battered women and their children, advocacy, information and referral, emergency food and clothing, personal care, and household items. Training for hospitals, law enforcement and volunteers are additional outreach functions. 4. Community Education—Assist 333 residents. In order to raise community awareness of domestic violence, outreach staff speaks before professional associations, employee groups, schools, and other community organizations. Teen dating violence prevention programs are provided in school classrooms. 5. Temporary Restraining Orders and Legal Advocacy—Assist 10 victims of violence seeking legal recourse through the courts. Battered women who wish to file a temporary restraining order against the abuser are helped with the paperwork and process for filing. C. Outreach and Education: 1. The SUBRECIPIENT shall advertise its program to the residents of Rancho Cucamonga in at least 2 citywide publications by December 31,2012. Evidence of the publications shall be provided to the CITY. D. Records and Reporting: 1. The SUBRECIPIENT shall be responsible for maintaining documentation on financial status, progress toward meeting goals, number and type of services provided,and number of clients assisted from Rancho Cucamonga. 2. The SUBRECIPIENT will comply with HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client level information. Any HMIS reporting prepared by SUBRECIPIENT will be submitted to the CITY. 3. The SUBRECIPIENT shall be responsible for reporting data in the following manner: a. Compile a monthly statistical summary report on the number and type of services provided and on the number of clients assisted. Client data shall include the income, ethnicity, age, sex, familial status, disabilities, and female heads of household. City of Rancho Cucamonga Page 29 2012-2013 Program Year Community Development Block Grant Program b. Prepare a monthly narrative report that describes significant accomplishments, highlights, and problems or issues encountered. This report should include descriptive case studies as applicable. c. Complete monthly direct benefit form (Exhibit B). d. Submit quarterly reports to include the following: 1) Copies of all literature/information disseminated during the previous quarter. 2) Copies of workshop/seminar notices and programs/agendas. 3) Proof of publication for all advertising. 4) Copies of all publications for all advertising. 5) Copies of all regularly published newsletters. 6) Copies of schedules for all activities participated in during the previous quarter. 7) Any other documentation which would verify the SUBRECIPIENT's activities during the quarter. E. Budget:The CITY will fund the activities of the SUBRECIPIENT as described in Section III.A& B, in an amount not to exceed $5,500. The CITY will make monthly payments to the SUBRECIPIENT in the period beginning July 1, 2012, and ending June 30, 2013. Payments will be on a reimbursement basis for the amount of services rendered. F. Payment Request: Submit an original monthly progress payment request which shall be accompanied by "audit ready" supportive evidence of each expenditure and proof of payment(i.e.,payroll,utility bills, rent receipts, material costs,etc.). Compensation shall be provided as outlined in Section IV of the Contract document. City of Rancho Cucamonga Page 30 2012-2013 Program Year Community Development Block Grant Program C c sployasnoH pi a N E E papeaH alewa j 0- Q P > a O O .rte' v > > I a, E c a) v t N C Zaay30/aoueleg a ca c O 0 CO ueouawy ° a 0 = c s In ueou;y Jo relg C to, v p nN lly co o 0 c oa co Jo ueipu�ueuawy - - N v. T f a }IM 0 c c 0 ---1 c pup ueouawy 8 E v v O E v ueomvJo>pm a o c UO i 6 U E 0 O O O oho E T .v, E r`o to U 0 T (.+ v E w a u_ a;I4MPup uelsy E m (n a E a c/? (n n, a;14M pup " z m . y-) 7 O ca I anl�eN e�sely JO - E uelpul ueouawy Y ro • d N 1.11 ` t W powwow > C C C C C) N \` C f0 RI E 7 U C L O 0 , o E E (n -c cc . . a = U • a;WM r E O 9 d C N O � Japuelsl 35 aJ 0 0o Q a oIJ!Ded Jay10 Jo °; 0 c ueiieMeH anPeN o a 0 op D a CL) •N n) . - � _a)E u .,, a >. ueouawy o m o to To ca ct ueouly JO pelg m - y > O ^ - aD ^' = 'o O c o 13 CU v m -C 1A ,n =u of F, a, @ .+ o0 T Y c O a • ueisv $ 0 3 c E c - f9 10 ra co O -o :� p`p = io IL Z' • C o - and;eN eNsely Jo v N a, m CU Y a uelpui ueDliawy ol z 3 CO .h., 1, _ u \ -o \ v, r` v 0 o Q (IdW%0£Molaq) o c o -C °G awooul no�Alawa �x3 c o a u CC> m c a) (IOW%Q Ol%Z£) `o Y c c in= C IA o 3 tea) awooul mai `�-- to v Q.+ o 0 0J E O = E N u E ro la u +_+ O = vii (IjW%o8 of%Is) - To ,° o ,-ro a C = > > ,�, u fo 0 T.; cu C n . awooul poW/nno� z ° o v `2 L :. t cu W co s v c o v C E a , (IdW%08 anogy) c L •_ r c c U o L m C l_ co 0 awooul poW anogy . W v a .o o o a L •H Z ` C Vl U d._ O t"i E a) 2 on , S E E S E m o O o u zE x = 0 (o 3 palsissy lea.01 •"- v v " E w in U z < Z = Q co .--I N fn CJ L., • EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE The SUBRECIPIENT shall execute the following form as required by the California Labor Code,Sections 1860 and 1861. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement. HOUSE OF RUTH: )-5s Cwt. Suzanne A .bischer Executive Director 9(a./ Date ATTEST: CC.cps. /r/ ` >S7f\4. '4 Signature Title City of Rancho Cucamonga Page 32 2012-2013 Program Year Community Development Block Grant Program 2012—2013 PROGRAM YEAR CDBG SUBRECIPIENT AGREEMENT BETWEEN • CITY OF RANCHO CUCAMONGA, a Municipal Corporation AND CAMP FIRE USA, Mt San Antonio Council TABLE OF CONTENTS RECITALS 1 AGREEEMENT 2 SCOPE OF SERVICES 2 A. Service Area 2 B. Scope of Services 2 II. BUDGET 2 III. TIME OF PERFORMANCE 2 IV. COMPENSATION AND METHOD OF PAYMENT 2 V. NOTICES 3 VI. GENERAL CONDITIONS 3 A. City Review 3 B. Subrecipient Status 3 C. Indemnification 3 D. Compliance with Laws and Assurances 4 E. Independent Contractor 4 F. Assignment 4 G. Suspension or Termination 4 H. Insurance& Bonding 5 1. Workers' Compensation Insurance 5 2. Public Liability and Property Damage 6 3. General Insurance Requirements 6 National Objective 6 J. Amendments;Variations 7 K. Changes in Grant Allocation 7 L. Fiscal Limitations 7 M. Program Monitoring 8 VII. ADMINISTRATIVE REQUIREMENTS 8 A. Financial Management 8 1. Accounting Standards 8 2. Cost Principles 9 3. Joint Funding 9 B. Documentation & Record Keeping 9 1. Records to be Maintained 9 2. Records Retention 10 3. Reversion of Assets 10 4. Close Outs 10 5. Audits 11 C. Reporting 11 1. Program Reporting 12 2. Program Income 12 D. Procurement 12 1. OMB Standards 12 2. Purchase and Invoice Deadlines 13 3. Non-Expendable Property 13 4. Expendable Personal Property 13 5. Purchase or Lease of Non-Expendable Property or Equipment 13 6. Travel and Conference Restrictions 14 City of Rancho Cucamonga Page i 2012-2013 Program Year Community Development Block Grant Program 7. Procurement and Construction Contracts 14 VIII. PERSONNEL AND PARTICIPANT CONDITIONS 16 A. Affirmative Action Policy 16 1. Provision of Program Services 17 2. Employment Discrimination 19 3. Section 3 Clause 21 B. Conduct 23 1. Subcontracts 23 a. Approvals 23 b. Monitoring 23 c. Content 23 d. Selection Process 23 2. Conflict of Interest 23 3. Lobbying& Lobbying Certification 24 4. No Benefit to Arise to Local Employee 25 5. Use of Funds for Entertainment or Gifts 25 6. Copyright 25 7. Religious Proselytizing or Political Activities 25 8. Equal Employment Opportunity 25 IX. SEVERABILITY 26 X. SECTION HEADINGS AND SUBHEADINGS 26 XI. COUNTERPARTS 26 XII. EXHIBITS 26 XIII. ENTIRE AGREEMENT 26 SIGNATURE PAGE 27 EXHIBIT A 28 EXHIBIT B 31 EXHIBIT C 32 City of Rancho Cucamonga Page ii 2012-2013 Program Year Community Development Block Grant Program This Agreement is made and entered into this 15t day of July 2012, between the City of Rancho Cucamonga (hereinafter referred to as the"CITY"),and the CAMP FIRE USA, a non-profit organization under the laws of the State of California(hereinafter referred to as the"SUBRECIPIENT")for the purposes of operating a 5-day resident camp program. RECITALS 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 the Housing and Community Development Act of 1974(hereinafter referred to as the "ACT"), as amended;and WHEREAS,pursuant to Section 570.208(a)(2)of Chapter 24 of the U.S.Code of Federal Regulations("C.F.R."), an objective of the CITY's CDBG program is to provide benefit to low- and moderate-income families including youth and at-risk youth; and WHEREAS, pursuant to§ 570.201(e),this benefit may be provided as a necessary public service program;and WHEREAS,the CITY and SUBRECIPIENT propose to provide youth in the community the opportunity to learn responsibility, develop skills, and gain confidence in themselves, while building independence and self- reliance; and WHEREAS, SUBRECIPIENT is qualified by virtue of its experience to participate in the CDBG program. NOW,THEREFORE, in consideration of the performance of the promises, covenants,and conditions stated herein, the Parties hereto agree as follows: City of Rancho Cucamonga Page 1 2012-2013 Program Year Community Development Block Grant Program AGREEEMENT SCOPE OF SERVICES A. Service Area The service area is the CITY. B. Scope of Services The CAMP FIRE USA, as the SUBRECIPIENT shall perform all the services described in the project description and Scope of Services set forth as Exhibit A to this Agreement,a copy of which is attached hereto and incorporated herein by reference. II. BUDGET The SUBRECIPIENT shall comply with the budget specified in Exhibit A to this Agreement,a copy of which is attached hereto and incorporated herein by reference. III. TIME OF PERFORMANCE The described services of the SUBRECIPIENT are to commence on July 1, 2012, and shall be completed no later than June 30, 2013. IV. COMPENSATION AND METHOD OF PAYMENT CITY shall reimburse for allowable costs incurred under the scope of this Agreement and applicable federal regulations,which have not been paid for or reimbursed in any other manner by any other Agency or private source of funding. Reimbursement will be made no more than on a monthly basis, with the total of all reimbursements not to exceed $5,700. Drawdowns for the payment of eligible expenses shall be made against the budget specified in Exhibit A and in accordance with performance. Payments will contingent upon certification of the SUBRECIPIENT's financial management system in accordance with the standards specified in OMB Circular A-110, Subpart C, paragraph .21, Standards for Financial Management Systems. Disbursement of payment to SUBRECIPIENT shall be made by monthly reimbursements,contingent upon CITY's receipt of a monthly summary statement for all previous month's expenditures. Monthly expenditure reports shall be documented with"Audit Ready"supportive evidence of each expenditure and proof of payment, in accordance with HUD regulations. Reimbursement shall be limited to the total of approved properly documented expenditures. City of Rancho Cucamonga Page 2 2012-2013 Program Year Community Development Block Grant Program SUBRECIPIENT must submit the monthly expenditure reports by the 15th calendar day of the month following the month of services, regardless of expenditure amount. Within 30 days of receipt by CITY of each properly documented and timely submitted expenditure report, CITY will draw a warrant in favor of SUBRECIPIENT for approved expenditure amounts. Expenditure reports received after the 15th calendar day of the month in which payment is requested will cause unavoidable delays in payment processing. V. NOTICES All notices,memoranda,reports,drafts,and communications shall be served in writing. The notices shall be sent to the following addresses: SUBRECIPIENT: CITY: Sandra Rutherford Thomas Grahn Camp Fire USA City of Rancho Cucamonga 9037 Arrow Route, Suite 140 10500 Civic Center Drive Rancho Cucamonga, CA 91730 P.O. Box 807 Rancho Cucamonga, CA 91729-0807 VI. GENERAL CONDITIONS A. City Review The CITY reserves the right to review and approve actions and decisions taken by SUBRECIPIENT regarding operation of a 5-day resident camp progam for compliance with all applicable regulations. B. Subrecipient Status 1. The CITY recognizes SUBRECIPIENT as an independent non-profit organization and agrees to cooperate in protecting its image as a politically neutral organization. 2. SUBRECIPIENT warrants and agrees that it is not a party listed on the General Service Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos. 12549 and 12689,"Debarment and Suspension." If the amount of this Agreement exceeds the small purchase threshold established by 41 U.S.C. §403(11)(currently$100,000), SUBRECIPIENT agrees to provide the required certification regarding its exclusion status. C. Indemnification City of Rancho Cucamonga Page 3 2012-2013 Program Year Community Development Block Grant Program SUBRECIPIENT shall indemnify and hold harmless CITY, its elected and appointed officials, officers,agents,and employees from all liability from loss,damage,or injury to persons or property, including the payment by SUBRECIPIENT of any and all legal costs and attorney's fees,in any manner arising out of or incidental to the performance by SUBRECIPIENT of this Agreement,including but not limited to,all consequential damages,to the maximum extent permitted by law. D. Compliance with Laws and Assurances SUBRECIPIENT hereby assures and certifies that it has complied and will continue to comply with the ACT and all applicable federal, state, and local laws, ordinances, regulations, policies,guidelines,and requirements as they relate to acceptance and use for federal funds for this federally assisted program. This Agreement is subject to all such laws,ordinances, regulations, policies,and guidelines, including without limitation,the ACT,24 C.F.R. Part 85; 24 C.F.R. Part 570;and U.S.Office of Management and Budget("OMB")Circulars applicable, including without limitation,A-87,A-97,A-102,A-110, A-122,A-127, and A-133. E. Independent Contractor The parties hereto in the performance of this Agreement will be acting in the independent capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees,officers,officials,agents,and volunteers of one party shall not be deemed or construed to be the agent or employees of the other party for any purpose whatsoever. F. Assignment This Agreement is not assignable by SUBRECIPIENT without the express prior written consent of CITY,which consent shall be given at the CITY's sole discretion. Any attempt by SUBRECIPIENT to assign any performance of the terms of this Agreement shall be void and shall constitute a material breach of this Agreement upon which the CITY may,among its other remedies, and without limitation, cancel, terminate, or suspend this Agreement. G. Suspension or Termination This Agreement may be terminated in whole or in part at any time by either party upon giving their 30 days notice in writing to the other party. Agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions City of Rancho Cucamonga Page 4 2012-2013 Program Year Community Development Block Grant Program of 24 C.F.R. §85.44, Termination for Convenience. CITY's Planning Director is hereby empowered to give the notice subject to ratification by the City Council. In addition, CITY may immediately terminate this Agreement 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 Agreement is rendered improbable, infeasible, or impossible. If the SUBRECIPIENT materially fails to comply with any term of this Agreement,CITY may take one or more of the actions provided under 24 C.F.R. §85.43, Enforcement, which includes temporarily withholding cash, disallowing non-compliant costs,wholly or partly terminating the award,withholding future awards, and other remedies that are legally available. In such event, the SUBRECIPIENT 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 been previously reimbursed,to the date of the termination to the extent that CDBG funds are available from H U D. H. Insurance& Bonding The SUBRECIPIENT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the SUBRECIPIENT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. The SUBRECIPIENT shall take out and maintain at all times during the terms of this Agreement the following policies of insurance: 1. Workers' Compensation Insurance Before beginning work, the SUBRECIPIENT shall furnish to CITY a certificate of insurance as proof that it has taken out full Workers'Compensation Insurance for all persons who it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. The SUBRECIPIENT, prior to commencing work, shall sign and file with CITY a • certification as follows (Exhibit C): City of Rancho Cucamonga Page 5 2012-2013 Program Year Community Development Block Grant Program I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this Agreement. 2. Public Liability and Property Damage Throughout the term of this Agreement,at SUBRECIPIENT's sole cost and expense, the SUBRECIPIENT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of the CITY and SUBRECIPIENT,comprehensive,broad form,general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from the SUBRECIPIENT's activities, providing protection of at least $500,000 for bodily injury or death to any one person or for any one accident or occurrence and at least $500,000 for property damage. 3. General Insurance Requirements All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs_.21(c)to(e)and of paragraph _.31 of Subpart C of OMB Circular A-110 shall name as additional insured CITY,its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2)the policies are primary and non-contributing with any insurance that may be carried by CITY;and(3)they cannot be canceled or materially changed except after 30 days notice by the insurer to CITY by certified mail. SUBRECIPIENT may effect for its own account insurance not required under this Agreement. 4. The SUBRECIPIENT shall comply with all bonding and insurance requirements as required by OMB Circular A-102 Attachment B, OMB Circular A-110, and other relevant regulations. National Objective The SUBRECIPIENT agrees to guarantee that at least 51 percent of the beneficiaries of the program identified in Exhibit A,Scope of Services,are low-and moderate-income persons or City of Rancho Cucamonga Page 6 2012-2013 Program Year Community Development Block Grant Program households. Under CDBG regulation,the following clientele categories are presumed to be low-and moderate-income persons and can qualify for service regardless of income:abused children, battered spouses, illiterate persons, and migrant farm workers. Beneficiaries qualifying on the basis of income shall have an annual income equal to or less than the HUD Section 8(of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits for the Riverside-San Bernardino-Ontario MSA define the maximum family income for low- and moderate-income households. The SUBRECIPIENT is responsible for obtaining from CITY the current applicable HUD Section 8 Income Limits for each year of the Contract term identified in Section III of this Agreement,Time of Performance. The SUBRECIPIENT shall retain these forms for 3 years after conclusion of their contract. J. Amendments;Variations The CITY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement,and are executed in writing,signed by a duly authorized representative of both organizations, and approved by the CITY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the CITY or SUBRECIPIENT from its obligations under this Agreement. The CITY may, in its discretion,amend this Agreement to conform with changes to federal, state,or local governmental guidelines,policies,and available funding amounts,or for other reasons. If, however,such changes results in a change in the funding,scope of services,or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both CITY and SUBRECIPIENT. K. Changes in Grant Allocation CITY reserves the right to reduce the grant allocation when CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with the SUBRECIPIENT. Such changes shall be incorporated into this Agreement by written amendments. L. Fiscal Limitations The United States of America through HUD may in the future place programmatic or fiscal limitation(s)on CDBG funds not presently anticipated. Accordingly,CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. City of Rancho Cucamonga Page 7 2012-2013 Program Year Community Development Block Grant Program In the event of funding reduction,CITY may reduce the budget of Agreement as a whole or as to cost category, and may at its sole discretion, limit the SUBRECIPIENT's authority to commit and spend funds,and may restrict the SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding that affects funding for this Agreement, the Planning Director or his/her designee may act for CITY in implementing and effecting such a reduction in revising the Agreement for such purpose. The Planning Director or his/her designee may act for CITY in suspending the operation of the Agreement for up to 60 days, upon 3 days written notice to the SUBRECIPIENT of his/her intention to so act. In no event, however, shall any revision made by CITY affect expenditures and legally binding commitments made by the SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. M. Program Monitoring The CITY will conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable objectives achieved,effectiveness of program management,and impact of the program. Authorized representatives of CITY and HUD shallhave the right of access to all activities and facilities operated by the SUBRECIPIENT 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 inspection by CITY and HUD representatives,and ensure that its employees and board members furnish such information, as in the judgment of CITY and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The SUBRECIPIENT agrees to comply with OMB Circular A-110, Subpart C, paragraph_.21,Standards for Financial Management,and agrees to adhere to the accounting principles and procedures required therein,as well as the standards set City of Rancho Cucamonga Page 8 2012-2013 Program Year Community Development Block Grant Program forth in 24 CFR § 84.21-84.28, to utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The SUBRECIPIENT shall administer its program in conformance with OMB Circular A-122 "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs whether charged on a direct or indirect basis. 3. Joint Funding For programs in which there are sources of funds in addition to CDBG funds, the SUBRECIPIENT shall provide proof of such funding. The CITY shall not pay for any services provided by the SUBRECIPIENT that are funded by other sources. All restrictions and/or requirements provided in this agreement relative to accounting, budgeting,and reporting apply to the total program regardless of funding sources. B. Documentation & Record Keeping 1. Records to be Maintained The SUBRECIPIENT shall maintain all records: (1) required by the Federal Regulations specified in 24 C.F.R. § 570.506, (2) pertinent to the activities to be funded under this Agreement,or(3)required by the Federal Register Notices. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisitions, improvements,and use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with affirmative action and citizen participation components of the CDBG program; f. Financial records as required by 24 C.F.R. § 570.502, and OMB Circular A- 110; City of Rancho Cucamonga Page 9 2012-2013 Program Year Community Development Block Grant Program g. Other records necessary to document compliance with 24 C.F.R. Part 570, Subpart K; and h. Other records necessary to document income eligibility requirements of participants. 2. Records Retention The SUBRECIPIENT shall maintain all records required by the Federal Regulations specified in 24 C.F.R. §570.506, that are pertinent to the activities funded under this Agreement, and as further described in Exhibit A. Financial records, supporting documents,statistical records,and all other records pertaining to the use of the funds provided under this Agreement shall be retained by the SUBRECIPIENT for a period of 4 years, at a minimum, and in the event of litigation,claim,or audit,the records shall be retained until all litigation,claims,and audit findings involving the records have been fully resolved. Records for non- expendable property acquired with federal funds provided under this Agreement shall be retained for 4 years after the final disposition of such property. 3. Reversion of Assets Upon the expiration or termination of this Agreement,for any reason whatsoever, the SUBRECIPIENT shall forthwith transfer to CITY,any CDBG funds on hand at the time of such expiration or termination and any accounts receivable attributable to the use of CDBG funds including, without limitation, program income. Any real property under the control of SUBRECIPIENT that was acquired or improved in whole or in part with CDBG funds in excess of$25,000 shall either be: (a) used to meet one of the national objectives set forth in 24 C.F.R. § 570.208, or any successor statute, until 5 years after the expiration or termination of the Agreement, or for such longer period of time as determined to be appropriate by the CITY at it's sole discretion; or (b) disposed of in a manner that results in the CITY's being reimbursed in the amount of the current fair market value of real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, such real property. 4. Close Outs City of Rancho Cucamonga Page 10 2012-2013 Program Year Community Development Block Grant Program The SUBRECIPIENT's obligation to the CITY shall not end until all closeout requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records. 5. Audits The SUBRECIPIENT is required to arrange for an independent financial and compliance audit annually for each fiscal year federal funds are received or expended under this Agreement. Audits must comply with OMB Circular A-133. An audit may be conducted by federal,state, or local funding source agencies as part of the CITY'S audit responsibilities. The results of the independent audit must be submitted to the CITY within 30 days of completion. Within 30 days of submission of the audit report, the SUBRECIPIENT shall provide a written response to all conditions of findings reported in the audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All conditions or finding correction actions shall take place within 6 months after receipt of the audit report. CITY and its authorized representatives shall at all times, have access for the purpose of audit or inspection, to any and all books, documents, papers, records, property, and premises of the SUBRECIPIENT. The SUBRECIPIENT's staff will cooperate fully with authorized auditors when they conduct audits and examinations of the SUBRECIPIENT's program. If indications of misappropriation or misapplication of the funds of this Contract cause CITY to require a special audit, the cost of the audit will be encumbered and deducted from this Contract budget. Should CITY subsequently determine that the special audit was not warranted,the amount encumbered will be restored to the Contract budget. Should the special audit confirm misappropriation or misapplication of funds, the SUBRECIPIENT shall reimburse CITY the amount of misappropriate or misapplication. In the event CITY uses the judicial system to recover misappropriated or misapplied funds,the SUBRECIPIENT shall reimburse CITY legal fees and court costs in addition to awards. C. Reporting City of Rancho Cucamonga Page 11 2012-2013 Program Year Community Development Block Grant Program 1. Program Reporting The SUBRECIPIENT agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD, or CITY. The SUBRECIPIENT shall maintain such property,personnel,financial,and other records and accounts as are considered necessary by HUD or CITY to assure proper accounting for all Contract funds, as specified in Exhibit A. All the SUBRECIPIENT's records,with the exception of confidential client information, shall be made available to representatives of CITY and the appropriate federal agencies. The SUBRECIPIENT is required to submit data necessary to complete the Consolidated Plan Annual Performance and Evaluation Report in accordance with HUD regulations in the format and at the time designated by the CITY. The SUBRECIPIENT shall complete and deliver to CITY a"Summary of Activities Having Direct Benefits"Form(Exhibit B) on or before the 15th of the month following the month being reported, or as otherwise required by HUD. 2. Program Income The SUBRECIPIENT shall report,on a monthly basis,all program income as defined by 24 C.F.R. § 570.500(a)generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth in 24 C.F.R. § 570.504. By way of further limitations, the SUBRECIPIENT may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of such program balances on hand. All unused program income shall be returned to the CITY at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the CITY. D. Procurement 1. OMB Standards To the extent any funds received by SUBRECIPIENT under this Agreement are used for procurement of materials,property,or services,the SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements OMB Circular A-110, Subpart C, paragraphs_.40 to_.48, Procurement Standards. City of Rancho Cucamonga Page 12 2012-2013 Program Year Community Development Block Grant Program • 2. Purchase and Invoice Deadlines Purchase of equipment or property must be completed before the last 3 months of the initial performance period and all equipment bills are to be paid before the last 2 months of this period. No expendable or non-expendable property or equipment is to be purchased during the final 3 months of the initial performance period unless approved by CITY in writing. Invoices for all obligations incurred under this Contract must be submitted to CITY's Planning Department within 60 days after the initial performance period termination date or they may not be honored. Exceptions to the preceding limitations require prior written approval by the CITY. 3. Non-Expendable Property A record shall be maintained by the SUBRECIPIENT for each item of non-expendable property acquired for this program with CDBG funds. This record shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of the CITY. Non-expendable property means tangible personal property having a useful life of more than 1 year and an acquisition cost of $300 or more per unit. The SUBRECIPIENT shall not purchase or agree to purchase non-expendable property without the prior written approval from the CITY. Upon completion or early termination of this Agreement, CITY reserves the right to determine the final disposition of the non-expendable property acquired for this program and CDBG funds in compliance with applicable laws and regulations. The disposition may include, but is not limited to, CITY taking possession of the non- expendable property. 4. Expendable Personal Property Expendable personal property refers to all tangible personal property other than non-expendable personal property. The SUBRECIPIENT shall not purchase or agree to purchase expendable personal property with a unit value of$300 or more per unit without the prior written approval of the CITY. 5. Purchase or Lease of Non-Expendable Property or Equipment The SUBRECIPIENT shall obtain 3 documented bids prior to purchasing or leasing any non-expendable personal property or equipment over$300 in unit value. The SUBRECIPIENT shall purchase or lease from the lowest responsive and responsible City of Rancho Cucamonga Page 13 2012-2013 Program Year Community Development Block Grant Program bidder. All equipment that has a purchase or lease price of over$50 in unit value and life expectancy of more than 1 year shall be properly identified and inventoried and shall be charged at its actual price. This inventory shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of CITY. 6. Travel and Conference Restrictions The SUBRECIPIENT certifies and agrees that travel and conference expenses will not be paid for by funds provided through this Agreement. 7. Procurement and Construction Contracts To the extent the Scope of Services set for in Exhibit A includes procurement and construction activities, all procurement and construction contracts shall comply with all relevant portions of OMB Circular A-110, including, but not limited to,the provisions required by OMB Circular A-110 Appendix A as described below: a. Provisions or conditions that allow for administrative,contractual,or legal remedies for breach of contract, and sanctions and penalties for the breach; this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); b. Provisions for termination for cause and for convenience by SUBRECIPIENT, the manner that such termination will be effected, and the basis for settlement;this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); c. Provisions requiring compliance with Executive Order No. 11246, entitled "Equal Employment Opportunity" as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity" and as supplemented in Department of Labor Regulations (41 C.F.R.Chapter 60). (This Order provides, in part, that no person shall be discriminated against on the basis of race, color, religion, sex,or national origin in all phases of employment during the performance of federally assisted construction contracts); City of Rancho Cucamonga Page 14 2012-2013 Program Year Community Development Block Grant Program d. Provisions evidencing compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. § 74) as supplemented by Department of Labor regulations 29 C.F.R. Part 3, (this Act makes it a criminal offense for any person to induce, by any manner whatsoever, any person employed in the construction, prosecution, completion, or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States,to give up any part of the compensation to which he is entitled under his contract of employment); this condition is required of all contracts and subgrants in excess of$2,000 for construction or repair; e. Provisions evidencing compliance with the Davis-Bacon Act (40 U.S.C. § 276a to a-7) as supplemented by Department of Labor regulations 29 C.F.R. Part 6, (this Act requires provisions regarding minimum wages, fringe benefits, payments with deductions or rebates, withholding funds from contractors to ensure compliance with the wage provision, and termination of the contract or debarment for failure to adhere to the required priority); this condition is required only for construction contracts in excess of$2,000; f. Notice of any CITY requirements and regulations pertaining to reporting copyrights and patents in accordance with 37 C.F.R. Part 401; g. Access by SUBRECIPIENT, the CITY, the federal grantor agency, the Comptroller General of the United States, or documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions; h. Provisions requiring retention of all required records for 3 years after CITY makes final payments and all other pending matters are closed; For contracts in excess of$100,000, provisions requiring compliance with all applicable standards, orders, or requirements of the Clear Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act as amended(33 U.S.C. § 1251 etseq.);and provisions requiring that violations City of Rancho Cucamonga Page 15 2012-2013 Program Year Community Development Block Grant Program of the Clean Air Act and the Federal Water Pollution Control Act be reported to the federal grant awarding agency and the Regional Office of the U.S. Environmental Protection Agency("EPA"); j. Mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163). k. Where applicable, all contracts in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Contracts or agreements for the performance of experimental, development, or research work shall provide for the rights of the Federal Government and the recipient in a resulting invention in accordance with 37 C.F.R. Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." m. Contractors who apply or bid for an award of$100,000 or more shall file the required certification in compliance with 31 U.S.C. § 1352, "Byrd Anti- Lobbying Amendment." n. No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos.12549 • and 12689, "Debarment and Suspension." Contractors with awards in excess of the small purchase threshold shall provide the required certification regarding exclusion status. VIII. PERSONNEL AND PARTICIPANT CONDITIONS A. Affirmative Action Policy City of Rancho Cucamonga Page 16 2012-2013 Program Year Community Development Block Grant Program The SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition,the SUBRECIPIENT shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or because of this program. 1. Provision of Program Services a. The SUBRECIPIENT shall not•on the ground of race, color, national origin, sex, handicap or familial status exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. The SUBRECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the ground of race, color, national origin, sex, handicap or familial status: 1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. 2) Provide any facilities,services,financial aid,or other benefits that are different or are provided in a different form from that provided to others under the program or activity. 3) Subject to segregated or separate treatment in any facility in,or in any manner of process related to receipt of any service or benefit under the program or activity. 4) Restrict in any way access to,or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity. 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity. City of Rancho Cucamonga Page 17 2012-2013 Program Year Community Development Block Grant Program 6) Deny an opportunity to participate in a program or activity as an employee. c. The SUBRECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race,color,national origin,sex,handicap,or familial status or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity for individuals of a particular race, color, national origin, sex, handicap or familial status. d. The SUBRECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race,color,national origin,sex,handicap, or familial status or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto. 1) In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUBRECIPIENT has previously discriminated against persons on the grounds of race, color, national origin,sex,handicap,or familial status,the SUBRECIPIENT must take affirmative action to overcome the effects of prior discrimination. 2) Even in the absence of such prior discrimination, the SUBRECIPIENT, in administering a program or activity funded in whole or in part with CDBG funds,should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, sex, handicap, or familial status. Where previous discriminatory practice or usage tends, on the grounds of race, color, national origin, sex, handicap,or familial status,to exclude individuals from participation in,to deny them the benefits of, or City of Rancho Cucamonga Page 18 2012-2013 Program Year Community Development Block Grant Program to subject them to discrimination under any program or activity to which CDBG funding applies,the SUBRECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage,and to accomplish the purpose of the Civil Rights Act of 1964. 3) The SUBRECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. e. Notwithstanding anything to the contrary in the provisions under Section VIII.A(1)(b)(1)-(6), nothing contained herein shall be construed to prohibit the SUBRECIPIENT from maintaining or constructing separate living facilities or rest room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, handicap, or familial status. The SUBRECIPIENT shall take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, religion, sex, national origin, age, handicap, or familial status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous place available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. City of Rancho Cucamonga Page 19 2012-2013 Program Year Community Development Block Grant Program b. The SUBRECIPIENT shall, in. all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regards to race, color, religion, sex, national origin, age, handicap, or familial status. c. The SUBRECIPIENT shall 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 CITY's contracting officers advising the labor union or workers' representative of the SUBRECIPIENT's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. The SUBRECIPIENT shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The SUBRECIPIENT shall furnish to the CITY all information and reports required by Executive Order No. 11246 of September 24, 1965,and by the related rules, regulations, and orders. f. In the event of the SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement,the CITY may cancel,terminate,or suspend in whole or in part its performance and the SUBRECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11245 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The SUBRECIPIENT shall include the provisions of the "Affirmative Action Policy,"Section VIII.A and all relevant subsections,in every sub-contract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order City of Rancho Cucamonga Page 20 2012-2013 Program Year Community Development Block Grant Program No. 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. The SUBRECIPIENT shall take such action for any sub-contract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however,that,in the event the SUBRECIPIENT becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the CITY, the SUBRECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. The SUBRECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) or regarding any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973(29 U.S.C. § 794). The SUBRECIPIENT shall also provide ready access to and use of all CDBG fund assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. §4151 et seq.) and the Americans with Disabilities Act (42 U.S.C. § 12101 etseq.). 1) Remedies: In the event of SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the City may cancel, terminate, or suspend in whole or in part its performance and SUBRECIPIENT may be declared ineligible for further Government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. 3. Section 3 Clause a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended 12 U.S.C. § 1702u(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,to City of Rancho Cucamonga Page 21 2012-2013 Program Year Community Development Block Grant Program the greatest extent feasible, be directed to low- and very-low income persons. b. The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by the execution of this contract,the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the SUBRECIPIENT's commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles, subject to hire, availability of apprenticeship and training positions, the qualifications for each;and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135,and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations of 24 C.F.R. Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require City of Rancho Cucamonga Page 22 2012-2013 Program Year Community Development Block Grant Program employment opportunities to be directed, were not to circumvent the SUBRECIPIENT's obligations under 24 C.F.R. Part 135. f. Noncompliance with regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. B. Conduct 1. Subcontracts a. Approvals The SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY, prior to the execution of such agreement. b. Monitoring The SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of non-compliance. c. Content The SUBRECIPIENT shall cause all of the provisions of this contract, in its entirety,to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The SUBRECIPIENT shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process. 2. Conflict of Interest The SUBRECIPIENT agrees to abide by the provisions of 24 C.F.R. § 570.611 regarding conflicts of interest. The SUBRECIPIENT certifies that no member,officer, or employee of the SUBRECIPIENT is an officer or employee of the CITY, or a City of Rancho Cucamonga Page 23 2012-2013 Program Year Community Development Block Grant Program member of any of its boards, commissions, or committees or has any interest or holding which could be affected by any actions taken in execution of this agreement. 3. Lobbying& Lobbying Certification The SUBRECIPIENT certifies, to the best of their knowledge and belief, that: a. 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 in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract,grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency,a Member of Congress,an officer or employee 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. c. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements), and that all SUBRECIPIENT's shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352, and the "Byrd Anti-Lobbying Amendment." Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Rancho Cucamonga Page 24 2012-2013 Program Year Community Development Block Grant Program • 4. No Benefit to Arise to Local Employee No member, officer, or employee of the CITY, or its designees or agents, no member of the governing body of CITY, and no other public official who exercises any functions or responsibilities regarding the program during his tenure or for 1 year thereafter, shall have any interest, direct or indirect, in this Agreement or in any contract or subcontract,or the proceeds thereof,for work to be performed in connection with the program assisted under this Agreement. 5. Use of Funds for Entertainment or Gifts The SUBRECIPIENT certifies and agrees that it will not use funds provided through this Contract to pay for entertainment or gifts. 6. Copyright If this contract results in any copyrightable material or inventions,the CITY and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use,the work or materials for government purposes. The SUBRECIPIENT agrees to comply with 37 C.F.R. Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contract and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Religious Proselytizing or Political Activities The SUBRECIPIENT agrees that it will not perform or permit any religious proselytising or political activities in connection with the performance of this Agreement. Funds under this agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. 8. Equal Employment Opportunity In addition to the Affirmative Action Policy described in Section VIII.A of this Agreement, SUBRECIPIENT agrees to comply with all applicable provisions of Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375,"Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at City of Rancho Cucamonga Page 25 2012-2013 Program Year Community Development Block Grant Program 41 C.F.R. Chapter 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." IX. SEVERABILITY If any provision of this Agreement is found to be invalid, void, or unenforceable, the remaining provisions shall, insofar as reasonably possible, continue in full force in effect without being impaired or invalidated in any way. X. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement XI. COUNTERPARTS This Agreement may be executed in counterparts. When executed, each counterpart shall be deemed an original, irrespective of date of execution. The counterparts shall together constitute one and the same Agreement. XII. EXHIBITS The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. XIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between CITY and SUBRECIPIENT for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and SUBRECIPIENT with respect to this Agreement. In the event of any discrepancy or conflict between this Agreement and the Exhibits,the terms of this Agreement shall control. City of Rancho Cucamonga Page 26 2012-2013 Program Year Community Development Block Grant Program SIGNATURE PAGE IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written.above. CITY OF RANCHO CUCAMONGA: CAMPFIRE USA: Sj Odre141, 7, r . L. Dennis Mic = Sandra Rutherford Mayor Executive Director (b f k IC , Date Date APPROVED AS TO FORM: 71/%4414/t jrkm ty A ttorney Date City of Rancho Cucamonga Page 28 2012-2013 Program Year Community Development Block Grant Program EXHIBIT A SCOPE OF WORK AND BUDGET PROJECT: CAMP FIRE USA II. CONTACT PERSON: Sandra Rutherford Camp Fire USA 9037 Arrow Route, Suite 140 Rancho Cucamonga, CA 91730 (909)466-5878 III. SCOPE OF WORK A. General: 1. The SUBRECIPIENT shall administer the following CDBG funded activity:CAMP FIRE USA, in a manner satisfactory to the CITY and consistent with any standards required as a condition of providing these funds. 2. The SUBRECIPIENT shall handle all administrative duties in conformance with all federal CDBG program requirements,including but not limited to OMB Circulars A- 87, A-97, A-102, A-110, A-122, A-127, and A-133. 3. The SUBRECIPIENT shall provide program guidelines,which include provisions for an annual goal statement and review of accomplishments. A copy of the referenced annual report shall be submitted to the CITY 30 days after its completion. B. Principal Tasks: 1. The SUBRECIPIENT will operate the Camp Fire USA program where 20 boys and girls, ages 8-12,from the City, will be able to participate in a 5-day resident camp session at the Council's Camp Nawakwa, in the San Bernardino Mountains. The program will assist 20 at-risk youth. 2. The goal of the program is to teach the kids responsibility,develop skills, and gain confidence in themselves while building independence and self-reliance. C. Outreach and Education: City of Rancho Cucamonga Page 28 2012-2013 Program Year Community Development Block Grant Program 1. The SUBRECIPIENT shall advertise its program to the residents of Rancho Cucamonga in at least 2 citywide publications and on 1 local Hispanic radio station by December 31,2012. Evidence of the publications and radio announcement shall be provided to the CITY. D. Records and Reporting: 1. The SUBRECIPIENT shall be responsible for maintaining documentation on financial status,progress toward meeting goals, number and type of services provided,and number of clients assisted from Rancho Cucamonga. 2. The SUBRECIPIENT shall be responsible for reporting data in the following manner: a. Compile a monthly statistical summary report on the number and type of services provided and on the number of clients assisted. Client data shall include the income, ethnicity, age, sex, familial status, disabilities, and female heads of household. b. Prepare a monthly narrative report that describes significant accomplishments, highlights, and problems or issues encountered. This report should include descriptive case studies as applicable. c. Complete monthly direct benefit form (Exhibit B). d. Submit quarterly reports to include the following: 1) Copies of all literature/information disseminated during the previous quarter. 2) Copies of workshop/seminar notices and programs/agendas. 3) Proof of publication for all advertising. 4) Copies of all publications for all advertising. 5) Copies of all regularly published newsletters. 6) Copies of schedules for all activities participated in during the previous quarter. 7) Any other documentation which would verify the SUBRECIPIENT's activities during the quarter. City of Rancho Cucamonga Page 29 2012-2013 Program Year Community Development Block Grant Program E. Budget:The CITY will fund the activities of the SUBRECIPIENT as described in Section III.A& B, in an amount not to exceed $5,700. The CITY will make monthly payments to the SUBRECIPIENT in the period beginning July 1, 2012, and ending June 30, 2013. Payments will be on a reimbursement basis for the amount of services rendered. F. Payment Request: Submit an original monthly progress payment request which shall be accompanied by "audit ready" supportive evidence of each expenditure and proof of payment(i.e.,payroll, utility bills,rent receipts,material costs,etc.). Compensation shall be provided as outlined in Section IV of the Contract document. City of Rancho Cucamonga Page 30 2012-2013 Program Year Community Development Block Grant Program cc Smq@mH ' - �P@Hmeu@ CU E 0 o a. > ƒ E E 0 0 0 ) $ C 0 2AmAmmm - \ ue9� ° _ C f C u #_ m k \ f \ m -. A©q>w� - o 0 c C =um@�u aw 0.0 a> | 0 2 f 0 >. E p�¥ = = • c u punuA._¥ 1E ai • ± ( t § uea 2 9mg § — fu u � & © 0 \ E ± $ - E u f E > \ /k 2 0 p�M A,«.& _ k O o a) 5 CU \ @ —in _ ) pq¥p© a aNese= E 2 umpiue.w¥ - m Zr.) - — - . - § 0 ° ) . CU_ca us q § k = U 'qM j © 2 [ ) . no 73 / § imam - 0 m « a 0,@J qo 2 : o ao a [_ CU } /- u ^®�/ To 2 uAV a peg ro 7 2 % a & o C § ] $ ( � - u@� _ ; [ Ci C = _2 a � / ƒ x \ / / k2 a @N qsm¥2 _ 2 , um p�ue @wv \ k — c - 7 76 n < \ 2 (HA%QE Mo�q) ƒ ? 3 o awom_�§��q � f U $ 5 lip / f »A«os q««@ / $ . / - E u.2 c a g g awem_i 2 B ® { § 0 E { § } ) / 3 tn. g \ c (13v1%08 04 2 T ) ] _ 5./f ¢ e C) 0 aWompw_l / \ - E - t > $ - &f CU tdd° i 2 bA%08Agv) k \ .cii \ / - • .0 Ll0 o � � % awoupA#q¥ .0 _c) - w ` a. \ g - an � . 2 - 0 E co = o > C — I \ .- E k \ /) / 'd / = EE E % E § o $ 32 » ro / £ LLI 2 0 z < 2 |�v|®° I E ( I- - w m \) EXHIBIT C WORKERS'COMPENSATION INSURANCE CERTIFICATE The SUBRECIP1ENT shall execute the following form as required by the California Labor Code, Sections 1860 and 1861. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement. CA +FIRE USA: 7 f 1l r=1 f Sandra Rutherford i Executive Director 'qt SI i 0. _ Date ATTEST: Signature _ )akilekt) Title City of Rancho Cucamonga p Page 33 2012-2013 Program Year Community Development Block Grant Program 2012—2013 PROGRAM YEAR CDBG SUBRECIPIENT AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA, a Municipal Corporation AND PROJECT SISTER FAMILY SERVICES TABLE OF CONTENTS RECITALS 1 AGREEEMENT 2 SCOPE OF SERVICES 2 A. Service Area 2 B. Scope of Services 2 II. BUDGET 2 III. TIME OF PERFORMANCE 2 IV. COMPENSATION AND METHOD OF PAYMENT 2 V. NOTICES 3 VI. GENERAL CONDITIONS 3 A. City Review 3 B. Subrecipient Status 3 C. Indemnification 3 D. Compliance with Laws and Assurances 4 E. Independent Contractor 4 F. Assignment 4 G. Suspension or Termination 4 H. Insurance & Bonding 5 1. Workers' Compensation Insurance 5 2. Public Liability and Property Damage 6 3. General Insurance Requirements 6 I. National Objective 6 J. Amendments;Variations 7 K. Changes in Grant Allocation 7 L. Fiscal Limitations 7 M. Program Monitoring 8 VII. ADMINISTRATIVE REQUIREMENTS 8 A. Financial Management 8 1. Accounting Standards 8 2. Cost Principles 9 3. Joint Funding 9 B. Documentation & Record Keeping 9 1. Records to be Maintained 9 2. Records Retention 10 3. Reversion of Assets 10 4. Close Outs 10 5. Audits 11 C. Reporting 11 1. Program Reporting 12 2. Program Income 12 D. Procurement 12 1. OMB Standards 12 2. Purchase and Invoice Deadlines 13 3. Non-Expendable Property 13 4. Expendable Personal Property 13 5. Purchase or Lease of Non-Expendable Property or Equipment 13 6. Travel and Conference Restrictions 14 City of Rancho Cucamonga Page i 2012-2013 Program Year Community Development Block Grant Program 7. Procurement and Construction Contracts 14 VIII. PERSONNEL AND PARTICIPANT CONDITIONS 16 A. Affirmative Action Policy 16 1. Provision of Program Services 17 2. Employment Discrimination 19 3. Section 3 Clause 21 B. Conduct 23 1. Subcontracts 23 a. Approvals 23 b. Monitoring 23 c. Content 23 d. Selection Process 23 2. . Conflict of Interest 23 3. Lobbying& Lobbying Certification 24 4. No Benefit to Arise to Local Employee 25 5. Use of Funds for Entertainment or Gifts 25 6. Copyright 25 7. Religious Proselytizing or Political Activities 25 8. Equal Employment Opportunity 25 IX. SEVERABILITY 26 X. SECTION HEADINGS AND SUBHEADINGS 26 XI. COUNTERPARTS 26 XII. EXHIBITS 26 XIII. ENTIRE AGREEMENT 26 SIGNATURE PAGE 27 EXHIBIT A 28 EXHIBIT B 31 EXHIBIT C 32 City of Rancho Cucamonga Page ii 2012-2013 Program Year Community Development Block Grant Program This Agreement is made and entered into this 1St day of July 2012, between the City of Rancho Cucamonga (hereinafter referred to as the"CITY"),and the PROJECT SISTER FAMILY SERVICES,a non-profit organization under the laws of the State of California(hereinafter referred to as the"SUBRECIPIENT")for the purposes of operating a sexual assault and violence prevention program. RECITALS 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 the Housing and Community Development Act of 1974(hereinafter referred to as the "ACT"), as amended; and WHEREAS, pursuant to Section 570.208(a)(2)of Chapter 24 of the U.S.Code of Federal Regulations("C.F.R."), an objective of the CITY's CDBG program is to provide benefit to low- and moderate-income families including victims of sexual assault and domestic violence;and WHEREAS, pursuant to§ 570.201(e),this benefit may be provided as a necessary public service program;and WHEREAS,the CITY and SUBRECIPIENT propose to provide the community an accessible sexual assault and violence prevention program for victims of domestic violence;and WHEREAS, SUBRECIPIENT is qualified by virtue of its experience to participate in the CDBG program. NOW,THEREFORE, in consideration of the performance of the promises, covenants,and conditions stated herein,the Parties hereto agree as follows: City of Rancho Cucamonga Page 1 2012-2013 Program Year Community Development Block Grant Program AGREEEMENT SCOPE OF SERVICES A. Service Area The service area is the CITY. B. Scope of Services The PROJECT SISTER FAMILY SERVICES, as the SUBRECIPIENT shall perform all the services described in the project description and Scope of Services set forth as Exhibit A to this Agreement, a copy of which is attached hereto and incorporated herein by reference. II. BUDGET The SUBRECIPIENT shall comply with the budget specified in Exhibit A to this Agreement,a copy of which is attached hereto and incorporated herein by reference. III. TIME OF PERFORMANCE The described services of the SUBRECIPIENT are to commence on July 1, 2012, and shall be completed no later than June 30, 2013. IV. COMPENSATION AND METHOD OF PAYMENT CITY shall reimburse for allowable costs incurred under the scope of this Agreement and applicable federal regulations,which have not been paid for or reimbursed in any other manner by any other Agency or private source of funding. Reimbursement will be made no more than on a monthly basis, with the total of all reimbursements not to exceed $6,900. Drawdowns for the payment of eligible expenses shall be made against the budget specified in Exhibit A and in accordance with performance. Payments will contingent upon certification of the SUBRECIPIENT's financial management system in accordance with the standards specified in OMB Circular A-110, Subpart C, paragraph .21, Standards for Financial Management Systems. Disbursement of payment to SUBRECIPIENT shall be made by monthly reimbursements,contingent upon CITY's receipt of a monthly summary statement for all previous month's expenditures. Monthly expenditure reports shall be documented with"Audit Ready"supportive evidence of each expenditure and proof of payment, in accordance with HUD regulations. Reimbursement shall be limited to the total of approved properly documented expenditures. City of Rancho Cucamonga Page 2 2012-2013 Program Year Community Development Block Grant Program SUBRECIPIENT must submit the monthly expenditure reports by the 15th calendar day of the month following the month of services, regardless of expenditure amount. Within 30 days of receipt by CITY of each properly documented and timely submitted expenditure report, CITY will draw a warrant in favor of SUBRECIPIENT for approved expenditure amounts. Expenditure reports received after the 15th calendar day of the month in which payment is requested will cause unavoidable delays in payment processing. V. NOTICES All notices, memoranda, reports,drafts,and communications shall be served in writing. The notices shall be sent to the following addresses: SUBRECIPIENT: CITY: Julie Boynton Thomas Grahn Project Sister Family Services City of Rancho Cucamonga P.O. Box 1369 10500 Civic Center Drive Pomona, CA 91769-1369 P.O. Box 807 Rancho Cucamonga, CA 91729-0807 VI. GENERAL CONDITIONS A. City Review The CITY reserves the right to review and approve actions and decisions taken by SUBRECIPIENT regarding operation of a sexual assault and violence prevention program for compliance with all applicable regulations. B. Subrecipient Status 1. The CITY recognizes SUBRECIPIENT as an independent non-profit organization and agrees to cooperate in protecting its image as a politically neutral organization. 2. SUBRECIPIENT warrants and agrees that it is not a party listed on the General Service Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos. 12549 and 12689, "Debarment and Suspension." If the amount of this Agreement exceeds the small purchase threshold established by 41 U.S.C. §403(11)(currently$100,000), SUBRECIPIENT agrees to provide the required certification regarding its exclusion status. C. Indemnification City of Rancho Cucamonga Page 3 2012-2013 Program Year Community Development Block Grant Program SUBRECIPIENT shall indemnify and hold harmless CITY, its elected and appointed officials, officers,agents, and employees from all liability from loss,damage,or injury to persons or property, including the payment by SU BRECIPIENT of any and all legal costs and attorney's fees, in any manner arising out of or incidental to the performance by SUBRECIPIENT of this Agreement,including but not limited to,all consequential damages,to the maximum extent permitted by law. D. Compliance with Laws and Assurances SUBRECIPIENT hereby assures and certifies that it has complied and will continue to comply with the ACT and all applicable federal, state, and local laws, ordinances, regulations, policies,guidelines,and requirements as they relate to acceptance and use for federal funds for this federally assisted program. This Agreement is subject to all such laws,ordinances, regulations, policies,and guidelines,including without limitation,the ACT,24 C.F.R. Part 85; 24 C.F.R. Part 570;and U.S.Office of Management and Budget("OMB")Circulars applicable, including without limitation, A-87, A-97,A-102, A-110,A-122, A-127, and A-133. E. Independent Contractor The parties hereto in the performance of this Agreement will be acting in the independent capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees,officers,officials,agents,and volunteers of one party shall not be deemed or construed to be the agent or employees of the other party for any purpose whatsoever. F. Assignment This Agreement is not assignable by SUBRECIPIENT without the express prior written consent of CITY,which consent shall be given at the CITY's sole discretion. Any attempt by SUBRECIPIENT to assign any performance of the terms of this Agreement shall be void and shall constitute a material breach of this Agreement upon which the CITY may, among its other remedies, and without limitation, cancel, terminate, or suspend this Agreement. G. Suspension or Termination This Agreement may be terminated in whole or in part at any time by either party upon giving their 30 days notice in writing to the other party. Agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions City of Rancho Cucamonga Page 4 2012-2013 Program Year Community Development Block Grant Program of 24 C.F.R. § 85.44, Termination for Convenience. CITY's Planning Director is hereby empowered to give the notice subject to ratification by the City Council. In addition, CITY may immediately terminate this Agreement 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 Agreement is rendered improbable, infeasible, or impossible. If the SUBRECIPIENT materially fails to comply with any term of this Agreement,CITY may take one or more of the actions provided under 24 C.F.R. § 85.43, Enforcement, which includes temporarily withholding cash, disallowing non-compliant costs,wholly or partly terminating the award,withholding future awards, and other remedies that are legally available. In such event, the SUBRECIPIENT 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 been previously reimbursed,to the date of the termination to the extent that CDBG funds are available from HUD. H. Insurance & Bonding The SUBRECIPIENT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the SUBRECIPIENT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. The SUBRECIPIENT shall take out and maintain at all times during the terms of this Agreement the following policies of insurance: 1. Workers' Compensation Insurance Before beginning work, the SUBRECIPIENT shall furnish to CITY a certificate of insurance as proof that it has taken out full Workers'Compensation Insurance for all persons who it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. The SUBRECIPIENT, prior to commencing work, shall sign and file with CITY a certification as follows (Exhibit C): City of Rancho Cucamonga Page 5 2012-2013 Program Year Community Development Block Grant Program I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this Agreement. 2. Public Liability and Property Damage Throughout the term of this Agreement,at SUBRECIPIENT's sole cost and expense, the SUBRECIPIENT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of the CITY and SUBRECIPIENT,comprehensive,broad form,general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from the SUBRECIPIENT's activities, providing protection of at least $500,000 for bodily injury or death to any one person or for any one accident or occurrence and at least $500,000 for property damage. 3. General Insurance Requirements All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs_.21(c)to(e)and of paragraph _.31 of Subpart C of OMB Circular A-110 shall name as additional insured CITY,its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non-contributing with any insurance that may be carried by CITY;and(3)they cannot be canceled or materially changed except after 30 days notice by the insurer to CITY by certified mail. SUBRECIPIENT may effect for its own account insurance not required under this Agreement. 4. The SUBRECIPIENT shall comply with all bonding and insurance requirements as required by OMB Circular A-102 Attachment B, OMB Circular A-110, and other relevant regulations. National Objective The SUBRECIPIENT agrees to guarantee that at least 51 percent of the beneficiaries of the program identified in Exhibit A,Scope of Services,are low-and moderate-income persons or City of Rancho Cucamonga Page 6 2012-2013 Program Year Community Development Block Grant Program households. Under CDBG regulation,the following clientele categories are presumed to be low-and moderate-income persons and can qualify for service regardless of income:abused children, battered spouses, illiterate persons, and migrant farm workers. Beneficiaries qualifying on the basis of income shall have an annual income equal to or less than the HUD Section 8(of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits for the Riverside-San Bernardino-Ontario MSA define the maximum family income for low- and moderate-income households. The SUBRECIPIENT is responsible for obtaining from CITY the current applicable HUD Section 8 Income Limits for each year of the Contract term identified in Section III of this Agreement,Time of Performance. The SUBRECIPIENT shall retain these forms for 3 years after conclusion of their contract. J. Amendments;Variations The CITY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement,and are executed in writing,signed by a duly authorized representative of both organizations, and approved by the CITY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the CITY or SUBRECIPIENT from its obligations under this Agreement. The CITY may, in its discretion,amend this Agreement to conform with changes to federal, state,or local governmental guidelines, policies,and available funding amounts,or for other reasons. If, however,such changes results in a change in the funding,scope of services,or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both CITY and SUBRECIPIENT. K. Changes in Grant Allocation CITY reserves the right to reduce the grant allocation when CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with the SUBRECIPIENT. Such changes shall be incorporated into this Agreement by written amendments. L. Fiscal Limitations The United States of America through HUD may in the future place programmatic or fiscal limitation(s)on CDBG funds not presently anticipated. Accordingly,CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. City of Rancho Cucamonga Page 7 2012-2013 Program Year Community Development Block Grant Program In the event of funding reduction,CITY may reduce the budget of Agreement as a whole or as to cost category, and may at its sole discretion, limit the SUBRECIPIENT's authority to commit and spend funds,and may restrict the SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding that affects funding for this Agreement, the Planning Director or his/her designee may act for CITY in implementing and effecting such a reduction in revising the Agreement for such purpose. The Planning Director or his/her designee may act for CITY in suspending the operation of the Agreement for up to 60 days, upon 3 days written notice to the SUBRECIPIENT of his/her intention to so act. In no event, however, shall any revision made by CITY affect expenditures and legally binding commitments made by the SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. M. Program Monitoring The CITY will conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable objectives achieved, effectiveness of program management,and impact of the program. Authorized representatives of CITY and HUD shall have the right of access to all activities and facilities operated by the SUBRECIPIENT 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 inspection by CITY and HUD representatives,and ensure that its employees and board members furnish such information, as in the judgment of CITY and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The SUBRECIPIENT agrees to comply with OMB Circular A-110, Subpart C, paragraph_.21,Standards for Financial Management,and agrees to adhere to the accounting principles and procedures required therein,as well as the standards set City of Rancho Cucamonga Page 8 2012-2013 Program Year Community Development Block Grant Program • forth in 24 CFR § 84.21-84.28, to utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The SUBRECIPIENT shall administer its program in conformance with OMB Circular A-122 "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs whether charged on a direct or indirect basis. 3. Joint Funding For programs in which there are sources of funds in addition to CDBG funds, the SUBRECIPIENT shall provide proof of such funding. The CITY shall not pay for any services provided by the SUBRECIPIENT that are funded by other sources. All restrictions and/or requirements provided in this agreement relative to accounting, budgeting,and reporting apply to the total program regardless of funding sources. • B. Documentation & Record Keeping 1. Records to be Maintained The SUBRECIPIENT shall maintain all records: (1) required by the Federal Regulations specified in 24 C.F.R. § 570.506, (2) pertinent to the activities to be funded under this Agreement, or(3)required by the Federal Register Notices. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisitions,improvements,and use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with affirmative action and citizen participation components of the CDBG program; f. Financial records as required by 24 C.F.R. § 570.502, and OMB Circular A- 110; City of Rancho Cucamonga Page 9 2012-2013 Program Year Community Development Block Grant Program g. Other records necessary to document compliance with 24 C.F.R. Part 570, Subpart K; and h. Other records necessary to document income eligibility requirements of participants. 2. Records Retention The SUBRECIPIENT shall maintain all records required by the Federal Regulations specified in 24 C.F.R. § 570.506, that are pertinent to the activities funded under this Agreement, and as further described in Exhibit A. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this Agreement shall be retained by the SUBRECIPIENT for a period of 4 years, at a minimum, and in the event of litigation,claim,or audit,the records shall be retained until all litigation,claims,and audit findings involving the records have been fully resolved. Records for non- expendable property acquired with federal funds provided under this Agreement shall be retained for 4 years after the final disposition of such property. 3. Reversion of Assets Upon the expiration or termination of this Agreement,for any reason whatsoever, the SUBRECIPIENT shall forthwith transfer to CITY,any CDBG funds on hand at the time of such expiration or termination and any accounts receivable attributable to the use of CDBG funds including, without limitation, program income. Any real property under the control of SUBRECIPIENT that was acquired or improved in whole or in part with CDBG funds in excess of$25,000 shall either be: (a) used to meet one of the national objectives set forth in 24 C.F.R. § 570.208, or any successor statute, until 5 years after the expiration or termination of the Agreement, or for such longer period of time as determined to be appropriate by the CITY at it's sole discretion; or (b) disposed of in a manner that results in the CITY's being reimbursed in the amount of the current fair market value of real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, such real property. 4. Close Outs City of Rancho Cucamonga Page 10 2012-2013 Program Year Community Development Block Grant Program The SUBRECIPIENT's obligation to the CITY shall not end until all closeout requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records. 5. Audits The SUBRECIPIENT is required to arrange for an independent financial and compliance audit annually for each fiscal year federal funds are received or expended under this Agreement. Audits must comply with OMB Circular A-133. An audit may be conducted by federal, state, or local funding source agencies as part of the CITY's audit responsibilities. The results of the independent audit must be submitted to the CITY within 30 days of completion. Within 30 days of submission of the audit report, the SUBRECIPIENT shall provide a written response to all conditions of findings reported in the audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All conditions or finding correction actions shall take place within 6 months after receipt of the audit report. CITY and its authorized representatives shall at all times,have access for the purpose of audit or inspection, to any and all books, documents, papers,records, property, and premises of the SUBRECIPIENT. The SUBRECIPIENT's staff will cooperate fully with authorized auditors when they conduct audits and examinations of the SUBRECIPIENT's program. If indications of misappropriation or misapplication of the funds of this Contract cause CITY to require a special audit, the cost of the audit will be encumbered and deducted from this Contract budget. Should CITY subsequently determine that the special audit was not warranted,the amount encumbered will be restored to the Contract budget. Should the special audit confirm misappropriation or misapplication of funds, the SUBRECIPIENT shall reimburse CITY the amount of misappropriate or misapplication. In the event CITY uses the judicial system to recover misappropriated or misapplied funds,the SUBRECIPIENT shall reimburse CITY legal fees and court costs in addition to awards. C. Reporting City of Rancho Cucamonga Page 11 2012-2013 Program Year Community Development Block Grant Program 1. Program Reporting The SUBRECIPIENT agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD, or CITY. The SUBRECIPIENT shall maintain such property,personnel,financial,and other records and accounts as are considered necessary by HUD or CITY to assure proper accounting for all Contract funds, as specified in Exhibit A. All the SUBRECIPIENT's records,with the exception of confidential client information, shall be made available to representatives of CITY and the appropriate federal agencies. The SUBRECIPIENT is required to submit data necessary to complete the Consolidated Plan Annual Performance and Evaluation Report in accordance with HUD regulations in the format and at the time designated by the CITY. The SUBRECIPIENT shall complete and deliver to CITY a "Summary of Activities Having Direct Benefits"Form(Exhibit B) on or before the 15th of the month following the month being reported, or as otherwise required by HUD. 2. Program Income The SUBRECIPIENT shall report, on a monthly basis,all program income as defined by 24 C.F.R. § 570.500(a)generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth in 24 C.F.R. § 570.504. By way of further limitations, the SUBRECIPIENT may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of such program balances on hand. All unused program income shall be returned to the CITY at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the CITY. D. Procurement 1. OMB Standards To the extent any funds received by SUBRECIPIENT under this Agreement are used for procurement of materials,property,or services,the SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements OMB Circular A-110, Subpart C, paragraphs_.40 to_.48, Procurement Standards. City of Rancho Cucamonga Page 12 2012-2013 Program Year Community Development Block Grant Program • 2. Purchase and Invoice Deadlines Purchase of equipment or property must be completed before the last 3 months of the initial performance period and all equipment bills are to be paid before the last 2 months of this period. No expendable or non-expendable property or equipment is to be purchased during the final 3 months of the initial performance period unless approved by CITY in writing. Invoices for all obligations incurred under this Contract must be submitted to CITY'S Planning Department within 60 days after the initial performance period termination date or they may not be honored. Exceptions to the preceding limitations require prior written approval by the CITY. 3. Non-Expendable Property A record shall be maintained by the SUBRECIPIENT for each item of non-expendable property acquired for this program with CDBG funds. This record shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of the CITY. Non-expendable property means tangible personal property having a useful life of more than 1 year and an acquisition cost of $300 or more per unit. The SUBRECIPIENT shall not purchase or agree to purchase non-expendable property without the prior written approval from the CITY. Upon completion or early termination of this Agreement, CITY reserves the right to determine the final disposition of the non-expendable property acquired for this program and CDBG funds in compliance with applicable laws and regulations. The disposition may include, but is not limited to, CITY taking possession of the non- expendable property. 4. Expendable Personal Property Expendable personal property refers to all tangible personal property other than non-expendable personal property. The SUBRECIPIENT shall not purchase or agree to purchase expendable personal property with a unit value of$300 or more per unit without the prior written approval of the CITY. 5. Purchase or Lease of Non-Expendable Property or Equipment The SUBRECIPIENT shall obtain 3 documented bids prior to purchasing or leasing any non-expendable personal property or equipment over$300 in unit value. The SUBRECIPIENT shall purchase or lease from the lowest responsive and responsible City of Rancho Cucamonga Page 13 2012-2013 Program Year Community Development Block Grant Program bidder. All equipment that has a purchase or lease price of over$50 in unit value and life expectancy of more than 1 year shall be properly identified and inventoried and shall be charged at its actual price. This inventory shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of CITY. 6. Travel and Conference Restrictions The SUBRECIPIENT certifies and agrees that travel and conference expenses will not be paid for by funds provided through this Agreement. 7. Procurement and Construction Contracts To the extent the Scope of Services set for in Exhibit A includes procurement and construction activities, all procurement and construction contracts shall comply with all relevant portions of OMB Circular A-110, including, but not limited to,the provisions required by OMB Circular A-110 Appendix A as described below: a. Provisions or conditions that allow for administrative,contractual,or legal remedies for breach of contract, and sanctions and penalties for the breach; this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); b. Provisions for termination for cause and for convenience by SUBRECIPIENT, the manner that such termination will be effected, and the basis for settlement;this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); c. Provisions requiring compliance with Executive Order No. 11246, entitled "Equal Employment Opportunity" as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity" and as supplemented in Department of Labor Regulations (41 C.F.R. Chapter 60). (This Order provides, in part, that no person shall be discriminated against on the basis of race, color, religion, sex,or national origin in all phases of employment during the performance of federally assisted construction contracts); City of Rancho Cucamonga Page 14 2012-2013 Program Year Community Development Block Grant Program d. Provisions evidencing compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. § 74) as supplemented by Department of Labor regulations 29 C.F.R. Part 3, (this Act makes it a criminal offense for any person to induce, by any manner whatsoever, any person employed in the construction, prosecution, completion, or repair of any public building, public work, or building or work financed in whole or in part by.loans or grants from the United States,to give up any part of the compensation to which he is entitled under his contract of employment); this condition is required of all contracts and subgrants in excess of$2,000 for construction or repair; e. Provisions evidencing compliance with the Davis-Bacon Act (40 U.S.C. § 276a to a-7) as supplemented by Department of Labor regulations 29 C.F.R. Part 6, (this Act requires provisions regarding minimum wages, fringe benefits, payments with deductions or rebates, withholding funds from contractors to ensure compliance with the wage provision, and termination of the contract or debarment for failure to adhere to the required priority); this condition is required only for construction contracts in excess of$2,000; f. Notice of any CITY requirements and regulations pertaining to reporting copyrights and patents in accordance with 37 C.F.R. Part 401; g. Access by SUBRECIPIENT, the CITY, the federal grantor agency, the Comptroller General of the United States, or documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions; h. Provisions requiring retention of all required records for 3 years after CITY makes final payments and all other pending matters are closed; For contracts in excess of$100,000, provisions requiring compliance with all applicable standards, orders, or requirements of the Clear Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act as amended(33 U.S.C. § 1251 etseq.);and provisions requiring that violations City of Rancho Cucamonga Page 15 2012-2013 Program Year Community Development Block Grant Program of the Clean Air Act and the Federal Water.Pollution Control Act be reported to the federal grant awarding agency and the Regional Office of the U.S. Environmental Protection Agency("EPA"); j. Mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163). k. Where applicable, all contracts in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract.Work Hours and Safety Standards Act (40 U.S.C. § 327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5). I. Contracts or agreements for the performance of experimental, development, or research work shall provide for the rights of the Federal Government and the recipient in a resulting invention in accordance with 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." m. Contractors who apply or bid for an award of$100,000 or more shall file the required certification in compliance with 31 U.S.C. § 1352, "Byrd Anti- Lobbying Amendment." n. No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Non procurement Programs in accordance with Executive Order Nos.12549 and 12689, "Debarment and Suspension." Contractors with awards in excess of the small purchase threshold shall provide the required certification regarding exclusion status. VIII. PERSONNEL AND PARTICIPANT CONDITIONS A. Affirmative Action Policy City of Rancho Cucamonga Page 16 2012-2013 Program Year Community Development Block Grant Program The SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, the SUBRECIPIENT shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or because of this program. 1. Provision of Program Services a. The SUBRECIPIENT shall not on the ground of race, color, national origin, sex, handicap or familial status exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. The SUBRECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the ground of race, color, national origin, sex, handicap or familial status: 1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. 2) Provide any facilities,services,financial aid,or other benefits that are different or are provided in a different form from that provided to others under the program or activity. 3) Subject to segregated or separate treatment in any facility in,or in any manner of process related to receipt of any service or benefit under the program or activity. 4) Restrict in any way access to,or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity. 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services,or other benefit provided under the program or activity. City of Rancho Cucamonga Page 17 2012-2013 Program Year Community Development Block Grant Program 6) Deny an opportunity to participate in a program or activity as an employee. c. The SUBRECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race,color,national origin,sex, handicap,or familial status or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity for individuals of a particular race, color, national origin, sex, handicap or familial status. d. The SUBRECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race,color, national origin,sex,handicap, or familial status or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil • Rights Act of 1964 and amendments thereto. 1) In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUBRECIPIENT has previously discriminated against persons on the grounds of race, color, national origin,sex,handicap,or familial status,the SUBRECIPIENT must take affirmative action to overcome the effects of prior discrimination. 2) Even in the absence of such prior discrimination, the SUBRECIPIENT, in administering a program or activity funded in whole or in part with CDBG funds,should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, sex, handicap, or familial status. Where previous discriminatory practice or usage tends, on the grounds of race, color, national origin, sex, handicap, or familial status,to exclude individuals from participation in,to deny them the benefits of, or City of Rancho Cucamonga Page 18 2012-2013 Program Year Community Development Block Grant Program to subject them to discrimination under any program or activity to which.CDBG funding applies,the SUBRECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage,and to accomplish the purpose of the Civil Rights Act of 1964. 3) The SUBRECIPI ENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. e. Notwithstanding anything to the contrary in the provisions under Section VIII.A(1)(b)(1)-(6), nothing contained herein shall be construed to prohibit the SUBRECIPIENT from maintaining or constructing separate living facilities or rest room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, handicap, or familial status. The SUBRECIPIENT shall take affirmative action to ensure that applicants are employed, and that employees are treated, during employment,without regard to their race, color, religion, sex, national origin, age, handicap, or familial status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous place available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. City of Rancho Cucamonga Page 19 2012-2013 Program Year Community Development Block Grant Program b. The SUBRECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regards to race, color, religion, sex, national origin, age, handicap, or familial status. c. The SUBRECIPIENT shall 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 CITY's contracting officers advising the labor union or workers' representative of the SUBRECIPIENT's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. The SUBRECIPIENT shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The SUBRECIPIENT shall furnish to the CITY all information and reports required by Executive Order No. 11246 of September 24, 1965,and by the related rules, regulations, and orders. f. In the event of the SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement,the CITY may cancel,terminate,or suspend in whole or in part its performance and the SUBRECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11245 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The SUBRECIPIENT shall include the provisions of the "Affirmative Action Policy,"Section VIII.A and all relevant subsections,in every sub-contract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order City of Rancho Cucamonga Page 20 2012-2013 Program Year Community Development Block Grant Program No. 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. The SUBRECIPIENT shall take such action for any sub=contract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non-compliance; • provided, however,that,in the event the SUBRECIPIENT becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the CITY, the SUBRECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. The SUBRECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) or regarding any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973(29 U.S.C. § 794). The SUBRECIPIENT shall also provide ready access to and use of all CDBG fund assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. §4151 et seq.) and the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.). 1) Remedies: In the event of SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the City may cancel, terminate, or suspend in whole or in part its performance and SUBRECIPIENT may be declared ineligible for further Government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. 3. Section 3 Clause a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended 12 U.S.C. § 1702u(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,to City of Rancho Cucamonga Page 21 2012-2013 Program Year Community Development Block Grant Program the greatest extent feasible, be directed to low- and very-low income persons. b. The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by the execution of this contract,the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the SUBRECIPIENT's commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the. Section 3 preference, shall set forth minimum number and job titles, subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135,and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations of 24 C.F.R. Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require City of Rancho Cucamonga Page 22 2012-2013 Program Year Community Development Block Grant Program employment opportunities to be directed, were not to circumvent the SUBRECIPIENT's obligations under 24 C.F.R. Part 135. f. Noncompliance with regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. B. Conduct 1. Subcontracts a. Approvals The SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY, prior to the execution of such agreement. b. Monitoring The SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of non-compliance. c. Content The SUBRECIPIENT shall cause all of the provisions of this contract, in its entirety,to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The SUBRECIPIENT shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process. 2. Conflict of Interest The SUBRECIPIENT agrees to abide by the provisions of 24 C.F.R. § 570.611 regarding conflicts of interest. The SUBRECIPIENT certifies that no member,officer, or employee of the SUBRECIPIENT is an officer or employee of the CITY, or a City of Rancho Cucamonga Page 23 2012-2013 Program Year Community Development Block Grant Program member of any of its boards, commissions, or committees or has any interest or holding which could be affected by any actions taken in execution of this agreement. 3. Lobbying & Lobbying Certification The SUBRECIPIENT certifies, to the best of their knowledge and belief, that: a. 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 in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency,a Member of Congress,an officer or employee 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. c. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements), and that all SUBRECIPIENT's shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352, and the "Byrd Anti-Lobbying Amendment." Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Rancho Cucamonga Page 24 2012-2013 Program Year Community Development Block Grant Program 4. No Benefit to Arise to Local Employee No member, officer, or employee of the CITY, or its designees or agents, no member of the governing body of CITY, and no other public official who exercises any functions or responsibilities regarding the program during his tenure or for 1 year thereafter, shall have any interest, direct or indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof,for work to be performed in connection with the program assisted under this Agreement. 5. Use of Funds for Entertainment or Gifts The SUBRECIPIENT certifies and agrees that it will not use funds provided through this Contract to pay for entertainment or gifts. 6. Copyright If this contract results in any copyrightable material or inventions,the CITY and/or grantor agency reserves-the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use,the work or materials for government purposes. The SUBRECIPIENT agrees to comply with 37 C.F.R. Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contract and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Religious Proselytizing or Political Activities The SUBRECIPIENT agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. 8. Equal Employment Opportunity In addition to the Affirmative Action Policy described in Section VIII.A of this Agreement, SUBRECIPIENT agrees to comply with all applicable provisions of Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375,"Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at City of Rancho Cucamonga Page 25 2012-2013 Program Year Community Development Block Grant Program 41 C.F.R. Chapter 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." IX. SEVERABILITY If any provision of this Agreement is found to be invalid, void, or unenforceable, the remaining provisions shall, insofar as reasonably possible, continue in full force in effect without being impaired or invalidated in any way. X. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement XI. COUNTERPARTS This Agreement may be executed in counterparts. When executed, each counterpart shall be deemed an original, irrespective of date of execution. The counterparts shall together constitute one and the same Agreement. XII. EXHIBITS The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. XIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between CITY and SUBRECIPIENT for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and SUBRECIPIENT with respect to this Agreement. In the event of any discrepancy or conflict between this Agreement and the Exhibits, the terms of this Agreement shall control. City of Rancho Cucamonga Page 26 2012-2013 Program Year Community Development Block Grant Program SIGNATURE PAGE IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF RANCHO CUCAMONGA: PROJECT SISTER FAMILY SERVICES: L. Dennis 'ch. -I Julie-Boynton U Mayor Executive Director • NI,/ 112 � II Date Date APPROVED AS TO FORM: Ja s arkman ty Attorney /0'1/ - fa.. Date � City of Rancho Cucamonga Page 27 2012-2013 Program Year Community Development Block Grant Program EXHIBIT A SCOPE OF WORK AND BUDGET I. PROJECT: PROJECT SISTER FAMILY SERVICES II. CONTACT PERSON: Julie Boynton Project Sister Family-Services P.O.Box 1369 Pomona, CA 91769-1369 (909) 623-1619 III. SCOPE OF WORK A. General: 1. The SUBRECIPIENT shall administer the following CDBG funded activity: sexual assault and violence prevention program,in a manner satisfactory to the CITY and consistent with any standards required as a condition of providing these funds. 2. The SUBRECIPIENT shall handle all administrative duties in conformance with all federal CDBG program requirements,including but not limited to OMB Circulars A- 87,A-97, A-102, A-110, A-122, A-127, and A-133. 3. The SUBRECIPIENT shall provide program guidelines,which include provisions for an annual goal statement and review of accomplishments. A copy of the referenced annual report shall be submitted to the CITY 30 days after its completion. B. Principal Tasks: 1. The SUBRECIPIENT will assist 790 City residents through implementation of the following programs. 2. Crisis Intervention 24-Hour Hotline— Provide crisis counseling, information, and referral. 3. Hospital and Court Accompaniment—Provided for survivors of sexual assault and abuse. 4. Counseling—Provided to individuals and groups. City of Rancho Cucamonga Page 28 2012-2013 Program Year Community Development Block Grant Program 5. Prevention Education—Provide sexual assault prevention education programs focused at teens in middle and high schools. 6. Community Education—Provide programs that serve senior citizens, parents,and Social Service and Health Care professionals addressing sexual assault and child sexual abuse prevention and treatment. C. Outreach and Education: 1. The SUBRECIPIENT shall advertise its program to the residents of Rancho Cucamonga in at least 2 citywide publications and on 1 local Hispanic radio station by December 31,2012. Evidence of the publications and radio announcement shall be provided to the CITY. D. Records and Reporting: 1. The SUBRECIPIENT shall be responsible for maintaining documentation on financial status,progress toward meeting goals, number and type of services provided,and number of clients assisted from Rancho Cucamonga. 2. The SUBRECIPIENT shall be responsible for reporting data in the following manner: a. Compile a monthly statistical summary report on the number and type of services provided and on the number of clients assisted. Client data shall include the income, ethnicity, age, sex, familial status, disabilities, and female heads of household. b. Prepare a monthly narrative report that describes- significant accomplishments, highlights, and problems or issues encountered. This report should include descriptive case studies as applicable. c. Complete monthly direct benefit form (Exhibit B). d. Submit quarterly reports to include the following: 1) Copies of all literature/information disseminated during the previous quarter. - 2) Copies of workshop/seminar notices and programs/agendas. 3) Proof of publication for all advertising. City of Rancho Cucamonga Page 29 2012-2013 Program Year Community Development Block Grant Program 4) Copies of all publications for all advertising. 5) Copies of all regularly published newsletters. 6) Copies of schedules for all activities participated in during the previous quarter. 7) Any other documentation which would verify the SUBRECIPIENT's activities during the quarter. E. Budget:The CITY will fund the activities of the SUBRECIPIENT as described in Section III.A& • B, in an amount not to exceed $6,900. The CITY will make monthly payments to the SUBRECIPIENT in the period beginning July 1, 2012, and ending June 30, 2013. Payments will be on a reimbursement basis for the amount of services rendered. F. Payment Request: Submit an original monthly progress payment request which shall be accompanied by "audit ready" supportive evidence of each expenditure and proof of payment(i.e.,payroll,utility bills,rent receipts,material costs,etc.). Compensation shall be provided as outlined in Section IV of the Contract document. City of Rancho Cucamonga Page 30 2012-2013 Program Year Community Development Block Grant Program a,kV C Ci sployasnoH c' _._... o E papeaH a!ewa3 Q. 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(13W%OE n^olag) E 0 0 a v N 0 - ! i awoau)Mo-1 A1awaal(3 !; a, s N o Y C O 1 p 3 a; E j E > m G C ! (13W%0Sof%TE) •" o o c o v ns C W O 3 IA awo:u MOB Il ,-- on 0 % v o o d = N '� + C + Y = a, v o m 0 0. x N (o > v f0 c CC C U ._ E a u n u•a N h 113W%08 0l%ZS) ;u o > L a- > 0 y awoau)PoW/Mol t CO L c m U ! Y, L .••i o VI C y 4! C Q C G1 N tv L v v v E w E a ' (l3W% 5 anogv) ' c u •E . - E -o "13 o m Y 0 CO .4- awoau! poW anogy r °' n co a- " v I— tC O O cu i U v' = E u 2 = v N I -i > Q O o _ m CO o ff u X 3 O u paisisSV)eloj '-A N ,- E > E 1..0 V Z Q Z .= Q (a 1- .••I N rri V U EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE The SUBRECIPIENT shall execute the following form as required by the California Labor Code,Sections 1860 and 1861. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement. PROJECT SISTER FAMILY SERVICES: Wn.))(f) Juli- Boynton .l Executive Director Date ATTEST: I Signatbre MYIAliStal,' (Ai +hi ±X/111-- Title City of Rancho Cucamonga Page 32 2012-2013 Program Year Community Development Block Grant Program - 2012—2013 PROGRAM YEAR CDBG SUBRECIPIENT AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA, a Munidpal Corporation AND HOPE THROUGH HOUSING FOUNDATION TABLE OF CONTENTS RECITALS 1 AGREEEMENT 2 SCOPE OF SERVICES 2 A. Service Area 2 B. Scope of Services 2 II. BUDGET 2 III. TIME OF PERFORMANCE 2 IV. COMPENSATION AND METHOD OF PAYMENT 2 V. NOTICES 3 VI. GENERAL CONDITIONS 3 A. City Review 3 B. Subrecipient Status 3 C. Indemnification 3 D. Compliance with Laws and Assurances 4 E. Independent Contractor 4 F. Assignment 4 G. Suspension or Termination 4 H. Insurance & Bonding 5 1. Workers' Compensation Insurance 5 2. Public Liability and Property Damage 6 3. General Insurance Requirements 6 I. National Objective 6 J. Amendments; Variations 7 K. Changes in Grant Allocation 7 L. Fiscal Limitations 7 M. Program Monitoring 8 VII. ADMINISTRATIVE REQUIREMENTS 8 A. Financial Management 8 1. Accounting Standards 8 2. Cost Principles 9 3. Joint Funding 9 B. Documentation & Record Keeping 9 1. Records to be Maintained 9 2. Records Retention 10 3. Reversion of Assets 10 4. Close Outs 10 5. Audits 11 C. Reporting 11 1. Program Reporting 12 2. Program Income 12 D. Procurement 12 1. OMB Standards 12 2. Purchase and Invoice Deadlines 13 3. Non-Expendable Property 13 4. Expendable Personal Property 13 5. Purchase or Lease of Non-Expendable Property or Equipment 13 6. Travel and Conference Restrictions 14 City of Rancho Cucamonga Page i 2012-2013 Program Year Community Development Block Grant Program • 7. Procurement and Construction Contracts 14 VIII. PERSONNEL AND PARTICIPANT CONDITIONS 16 A. Affirmative Action Policy 16 1. Provision of Program Services 17 2. Employment Discrimination 19 3. Section 3 Clause 21 B. Conduct 23 1. Subcontracts 23 a. Approvals 23 b. Monitoring 23 c. Content 23 d. Selection Process 23 2. Conflict of Interest 23 3. Lobbying& Lobbying Certification 24 4. No Benefit to Arise to Local Employee 25 5. Use of Funds for Entertainment or Gifts 25 6. Copyright 25 7. Religious Proselytizing or Political Activities 25 8. Equal Employment Opportunity 25 IX. SEVERABILITY 26 X. SECTION HEADINGS AND SUBHEADINGS 26 XI. COUNTERPARTS 26 XII. EXHIBITS 26 XIII. ENTIRE AGREEMENT 26 SIGNATURE PAGE 27 EXHIBIT A 28 EXHIBIT B 31 EXHIBIT C 32 City of Rancho Cucamonga Page ii 2012-2013 Program Year Community Development Block Grant Program This Agreement is made and entered into this 15t day of July 2012, between the City of Rancho Cucamonga (hereinafter referred to as the "CITY"), and the HOPE THROUGH HOUSING FOUNDATION, a non-profit organization under the laws of the State of California(hereinafter referred to as the"SUBRECIPIENT")for the purposes of providing an after school eductation enrichment program benefiting low income children and youth. RECITALS 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 the Housing and Community Development Act of 1974(hereinafter referred to as the "ACT"), as amended; and WHEREAS,pursuant to Section 570.208(a)(2)of Chapter 24 of the U.S.Code of Federal Regulations("C.F.R."), an objective of the CITY's CDBG program is to provide benefit to low-and moderate-income families; and WHEREAS, pursuant to § 570.201(e),this benefit may be provided through a public service program; and WHEREAS, the CITY and SUBRECIPIENT propose to provide for After School and Beyond, an after school education enrichment program benefiting low income children and youth residing in National CORE apartment communities and surrounding neighborhoods; and WHEREAS, SUBRECIPIENT is qualified by virtue of its experience to participate in the CDBG program. NOW,THEREFORE,in consideration of the performance of the promises,covenants,and conditions stated herein,the Parties hereto agree as follows: City of Rancho Cucamonga Page 1 2012-2013 Program Year Community Development Block Grant Program AGREEEMENT SCOPE OF SERVICES A. Service Area The service area is the CITY. B. Scope of Services The HOPE THROUGH HOUSING FOUNDATION, as the SUBRECIPIENT shall perform all the services described in the project description and Scope of Services set forth as Exhibit A to this Agreement, a copy of which is attached hereto and incorporated herein by reference. II. BUDGET The SUBRECIPIENT shall comply with the budget specified in Exhibit A to this Agreement, a copy of which is attached hereto and incorporated herein by reference. III. TIME OF PERFORMANCE The described services of the SUBRECIPIENT are to commence on July 1, 2012, and shall be completed no later than June 30, 2013. IV. COMPENSATION AND METHOD OF PAYMENT CITY shall reimburse for allowable costs incurred under the scope of this Agreement and applicable federal regulations,which have not been paid for or reimbursed in any other manner by any other Agency or private source of funding. Reimbursement will be made no more than on a monthly basis, with the total of all reimbursements not to exceed$3,600. Drawdowns for the payment of eligible expenses shall be made against the budget specified in Exhibit A and in accordance with performance. Payments will contingent upon certification of the SUBRECIPIENTs financial management system in accordance with the standards specified in OMB Circular A-110, Subpart C, paragraph .21, Standards for Financial Management Systems. Disbursement of payment to SUBRECIPIENTshall be made by monthly reimbursements,contingent upon CITY's receipt of a monthly summary statement for all previous month's expenditures. Monthly expenditure reports shall be documented with"Audit Ready"supportive evidence of each expenditure and proof of payment, in accordance with HUD regulations. Reimbursement shall be limited to the total of approved properly documented expenditures. City of Rancho Cucamonga Page 2 2012-2013 Program Year Community Development Block Grant Program SUBRECIPIENT must submit the monthly expenditure reports by the 15th calendar day of the month following the month of services, regardless of expenditure amount. Within 30 days of receipt by CITY of each properly documented and timely submitted expenditure report, CITY will draw a warrant in favor of SUBRECIPIENT for approved expenditure amounts. Expenditure reports received after the 15th calendar day of the month in which payment is requested will cause unavoidable delays in payment processing. V. NOTICES All notices,memoranda,reports,drafts,and communications shall be served in writing. The notices shall be sent to the following addresses: SUBRECIPIENT: CITY: George Searcy Thomas Grahn Hope Through Housing Foundation City of Rancho Cucamonga 9065 Haven Avenue, Suite 100 10500 Civic Center Drive Rancho Cucamonga, CA 91730 P.O. Box 807 Rancho Cucamonga, CA 91729-0807 VI. GENERAL CONDITIONS A. City Review The CITY reserves the right to review and approve actions and decisions taken by SUBRECIPIENT regarding operation of an afterschool education enrichment program for compliance with all applicable regulations. B. Subrecipient Status 1. The CITY recognizes SUBRECIPIENTas an independent non-profit organization and agrees to cooperate in protecting its image as a politically neutral organization. 2. SUBRECIPIENT warrants and agrees that it is not a party listed on the General Service Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos. 12549 and 12689,"Debarment and Suspension." If the amount of this Agreement exceeds the small purchase threshold established by 41 U.S.C. §403(11)(currently$100,000), SUBRECIPIENT agrees to provide the required certification regarding its exclusion status. C. Indemnification City of Rancho Cucamonga Page 3 2012-2013 Program Year Community Development Block Grant Program SUBRECIPIENT shall indemnify and hold harmless CITY, its elected and appointed officials, officers,agents,and employees from all liability from loss,damage,or injury to persons or property, including the payment by SUBRECIPIENT of any and all legal costs and attorney's fees,in any manner arising out of or incidental to the performance by SUBRECIPIENT of this Agreement,including but not limited to,all consequential damages,to the maximum extent permitted by law. D. Compliance with Laws and Assurances SUBRECIPIENT hereby assures and certifies that it has complied and will continue to comply with the ACT and all applicable federal, state, and local laws, ordinances, regulations, policies,guidelines,and requirements as they relate to acceptance and use for federal funds for this federally assisted program. This Agreement is subject to all such laws,ordinances, regulations,policies,and guidelines,including without limitation,the ACT,24 C.F.R. Part 85; 24 C.F.R. Part 570;and U.S.Office of Management and Budget("OMB")Circulars applicable, including without limitation, A-87, A-97, A-102, A-110, A-122, A-127, and A-133. E. Independent Contractor The parties hereto in the performance of this Agreement will be acting in the independent capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees,officers,officials,agents,and volunteers of one party shall not be deemed or construed to be the agent or employees of the other party for any purpose whatsoever. F. Assignment This Agreement is not assignable by SUBRECIPIENT without the express prior written consent of CITY,which consent shall be given at the CITY's sole discretion. Any attempt by SUBRECIPIENTto assign any performance of the terms of this Agreement shall be void and shall constitute a material breach of this Agreement upon which the CITY may, among its other remedies, and without limitation, cancel, terminate, or suspend this Agreement. G. Suspension or Termination This Agreement may be terminated in whole or in part at any time by either party upon giving their 30 days notice in writing to the other party. Agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions City of Rancho Cucamonga Page 4 2012-2013 Program Year Community Development Block Grant Program of 24 C.F.R. § 85.44, Termination for Convenience. CITY's Planning Director is hereby empowered to give the notice subject to ratification by the City Council. In addition, CITY may immediately terminate this Agreement 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 Agreement is rendered improbable, infeasible, or impossible. If the SUBRECIPIENT materially fails to comply with any term of this Agreement,CITY may take one or more of the actions provided under 24 C.F.R. §85.43, Enforcement, which includes temporarily withholding cash, disallowing non-compliant costs,wholly or partly terminating the award,withholding future awards, and other remedies that are legally available. In such event, the SUBRECIPIENT 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 been previously reimbursed,to the date of the termination to the extent that CDBG funds are available from HUD. H. Insurance & Bonding The SUBRECIPIENTshall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the SUBRECIPIENT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. The SUBRECIPIENT shall take out and maintain at all times during the terms of this Agreement the following policies of insurance: 1. Workers' Compensation Insurance Before beginning work, the SUBRECIPIENT shall furnish to CITY a certificate of insurance as proof that it has taken out full Workers'Compensation Insurance for all persons who it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. The SUBRECIPIENT, prior to commencing work, shall sign and file with CITY a certification as follows (Exhibit C): City of Rancho Cucamonga Page 5 2012-2013 Program Year Community Development Block Grant Program I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this Agreement. 2. Public Liability and Property Damage Throughout the term of this Agreement,at SUBRECIPIENTs sole cost and expense, the SUBRECIPIENT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of the CITY and SUBRECIPIENT,comprehensive,broad form,general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from the SUBRECIPIENTs activities, providing protection of at least $500,000 for bodily injury or death to any one person or for any one accident or occurrence and at least$500,000 for property damage. 3. General Insurance Requirements All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs_.21(c)to(e)and of paragraph _.31 of Subpart C of OMB Circular A-110 shall name as additional insured CITY,its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non-contributing with any insurance that may be carried by CITY;and(3)they cannot be canceled or materially changed except after 30 days notice by the insurer to CITY by certified mail. SUBRECIPIENT may effect for its own account insurance not required under this Agreement. 4. The SUBRECIPIENT shall comply with all bonding and insurance requirements as required by OMB Circular A-102 Attachment B, OMB Circular A-110, and other • relevant regulations. National Objective The SUBRECIPIENT agrees to guarantee that at least 51 percent of the beneficiaries of the program identified in Exhibit A,Scope of Services,are low-and moderate-income persons or City of Rancho Cucamonga Page 6 2012-2013 Program Year Community Development Block Grant Program households. Under CDBG regulation,the following clientele categories are presumed to be low-and moderate-income persons and can qualify for service regardless of income:abused children, battered spouses, illiterate persons, and migrant farm workers. Beneficiaries qualifying on the basis of income shall have an annual income equal to or less than the HUD Section 8(of the United States Housing Act of 1937)Income Limits. HUD Section 8 Income Limits for the Riverside-San Bernardino-Ontario MSA define the maximum family income for low- and moderate-income households. The SUBRECIPIENT is responsible for obtaining from CITY the current applicable HUD Section 8 Income Limits for each year of the Contract term identified in Section III of this Agreement, Time of Performance. The SUBRECIPIENT shall retain these forms for 3 years after conclusion of their contract. J. Amendments; Variations The CITY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement,and are executed in writing,signed by a duly authorized representative of both organizations, and approved by the CITY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the CITY or SUBRECIPIENT from its obligations under this Agreement. The CITY may,in its discretion,amend this Agreement to conform with changes to federal, state,or local governmental guidelines,policies,and available funding amounts,or for other reasons. If, however,such changes results in a change in the funding,scope of services,or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both CITY and SUBRECIPIENT. K. Changes in Grant Allocation CITY reserves the right to reduce the grant allocation when CITY's fiscal monitoring indicates that SUBRECIPIENTs rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with the SUBRECIPIENT. Such changes shall be incorporated into this Agreement by written amendments. L. Fiscal Limitations The United States of America through HUD may in the future place programmatic or fiscal limitation(s)on CDBG funds not presently anticipated. Accordingly,CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. City of Rancho Cucamonga Page 7 2012-2013 Program Year Community Development Block Grant Program In the event of funding reduction,CITY may reduce the budget of Agreement as a whole or as to cost category, and may at its sole discretion, limit the SUBRECIPIENTs authority to commit and spend funds,and may restrict the SUBRECIPIENTs use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding that affects funding for this Agreement, the Planning Director or his/her designee may act for CITY in implementing and effecting such a reduction in revising the Agreement for such purpose. The Planning Director or his/her designee may act for CITY in suspending the operation of the Agreement for up to 60 days, upon 3 days written notice to the SUBRECIPIENT of his/her intention to so act. In no event, however,shall any revision made by CITY affect expenditures and legally binding commitments made by the SUBRECIPIENTbefore it received notice of such revision,provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. M. Program Monitoring The CITY will conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable objectives achieved,effectiveness of program management,and impact of the program. Authorized representatives of CITY and HUD shall have the right of access to all activities and facilities operated by the SUBRECIPIENT 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 inspection by CITY and HUD representatives,and ensure that its employees and board members furnish such information, as in the judgment of CITY and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The SUBRECIPIENT agrees to comply with OMB Circular A-110, Subpart C, paragraph_.21,Standards for Financial Management,and agrees to adhere to the accounting principles and procedures required therein,as well as the standards set City of Rancho Cucamonga Page 8 2012-2013 Program Year Community Development Block Grant Program forth in 24 CFR § 84.21-84.28,to utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The SUBRECIPIENTshall administer its program in conformance with OMB Circular A-122 "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs whether charged on a direct or indirect basis. 3. Joint Funding For programs in which there are sources of funds in addition to CDBG funds, the SUBRECIPIENT shall provide proof of such funding. The CITY shall not pay for any services provided by the SUBRECIPIENT that are funded by other sources. All restrictions and/or requirements provided in this agreement relative to accounting, budgeting,and reporting apply to the total program regardless of funding sources. B. Documentation & Record Keeping 1. Records to be Maintained The SUBRECIPIENT shall maintain all records: (1) required by the Federal Regulations specified in 24 C.F.R. §570.506, (2) pertinent to the activities to be funded under this Agreement,or(3)required by the Federal Register Notices. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; • c. Records required to determine the eligibility of activities; d. Records required to document the acquisitions,improvements,and use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with affirmative action and citizen participation components of the CDBG program; f. Financial records as required by 24 C.F.R. § 570.502,and OMB Circular A- 110; City of Rancho Cucamonga Page 9 2012-2013 Program Year Community Development Block Grant Program g. Other records necessary to document compliance with 24 C.F.R. Part 570, Subpart K; and h. Other records necessary to document income eligibility requirements of participants. 2. Records Retention The SUBRECIPIENT shall maintain all records required by the Federal Regulations specified in 24 C.F.R. § 570.506,that are pertinent to the activities funded under this Agreement, and as further described in Exhibit A. Financial records,supporting documents,statistical records,and all other records pertaining to the use of the funds provided under this Agreement shall be retained by the SUBRECIPIENT for a period of 4 years, at a minimum, and in the event of litigation,claim,or audit,the records shall be retained until all litigation,claims,and audit findings involving the records have been fully resolved. Records for non- expendable property acquired with federal funds provided under this Agreement shall be retained for 4 years after the final disposition of such property. 3. Reversion of Assets Upon the expiration or termination of this Agreement,for any reason whatsoever, the SUBRECIPIENTshall forthwith transfer to CITY,any CDBG funds on hand at the time of such expiration or termination and any accounts receivable attributable to the use of CDBG funds including, without limitation, program income. Any real property under the control of SUBRECIPIENT that was acquired or improved in whole or in part with CDBG funds in excess of$25,000 shall either be: (a) used to meet one of the national objectives set forth in 24 C.F.R. § 570.208, or any successor statute, until 5 years after the expiration or termination of the Agreement, or for such longer period of time as determined to be appropriate by the CITY at it's sole discretion; or (b) disposed of in a manner that results in the CITY's being reimbursed in the amount of the current fair market value of real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, such real property. 4. Close Outs City of Rancho Cucamonga Page 10 2012-2013 Program Year Community Development Block Grant Program The SUBRECIPIENTs obligation to the CITY shall not end until all closeout requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY),and determining the custodianship of records. 5. Audits The SUBRECIPIENT is required to arrange for an independent financial and compliance audit annually for each fiscal year federal funds are received or expended under this Agreement. Audits must comply with OMB Circular A-133. An audit may be conducted by federal,state,or local funding source agencies as part of the CITY's audit responsibilities. The results of the independent audit must be submitted to the CITY within 30 days of completion. Within 30 days of submission of the audit report, the SUBRECIPIENT shall provide a written response to all conditions of findings reported in the audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All conditions or finding correction actions shall take place within 6 months after receipt of the audit report. CITY and its authorized representatives shall at all times,have access for the purpose of audit or inspection, to any and all books, documents, papers, records, property, and premises of the SUBRECIPIENT. The SUBRECIPIENTs staff will cooperate fully with authorized auditors when they conduct audits and examinations of the SUBRECIPIENTs program. If indications of misappropriation or misapplication of the funds of this Contract cause CITY to require a special audit, the cost of the audit will be encumbered and deducted from this Contract budget. Should CITY subsequently determine that the special audit was not warranted,the amount encumbered will be restored to the Contract budget. Should the special audit confirm misappropriation or misapplication of funds, the SUBRECIPIENT shall reimburse CITY the amount of misappropriate or misapplication. In the event CITY uses the judicial system to recover misappropriated or misapplied funds,the SUBRECIPIENT shall reimburse CITY legal fees and court costs in addition to awards. C. Reporting City of Rancho Cucamonga Page 11 2012-2013 Program Year Community Development Block Grant Program 1. Program Reporting The SUBRECIPIENT agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD, or CITY. The SUBRECIPIENT shall maintain such property,personnel,financial,and other records and accounts as are considered necessary by HUD or CITY to assure proper accounting for all Contract funds, as specified in Exhibit A. All the SUBRECIPIENTs records,with the exception of confidential client information, shall be made available to representatives of CITY and the appropriate federal agencies. The SUBRECIPIENT is required to submit data necessary to complete the Consolidated Plan Annual Performance and Evaluation Report in accordance with HUD regulations in the format and at the time designated by the CITY. The SUBRECIPIENTshall complete and deliver to CITY a"Summary of Activities Having Direct Benefits"Form(Exhibit B) on or before the 15th of the month following the month being reported, or as otherwise required by HUD. 2. Program Income The SUBRECIPIENTshall report,on a monthly basis,all program income as defined by 24 C.F.R. § 570.500(a)generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth in 24 C.F.R. § 570.504. By way of further limitations, the SUBRECIPIENT may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of such program balances on hand. All unused program income shall be returned to the CITY.at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the CITY. D. Procurement 1. OMB Standards To the extent any funds received by SUBRECIPIENTunder this Agreement are used for procurement of materials,property,or services,the SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements OMB Circular A-110, Subpart C, paragraphs_.40 to_.48, Procurement Standards. City of Rancho Cucamonga Page 12 2012-2013 Program Year Community Development Block Grant Program 2. Purchase and Invoice Deadlines Purchase of equipment or property must be completed before the last 3 months of the initial performance period and all equipment bills are to be paid before the last 2 months of this period. No expendable or non-expendable property or equipment is to be purchased during the final 3 months of the initial performance period unless approved by CITY in writing. Invoices for all obligations incurred under this Contract must be submitted to CITY's Planning Department within 60 days after the initial performance period termination date or they may not be honored. Exceptions to the preceding limitations require prior written approval by the CITY. 3. Non-Expendable Property A record shall be maintained by the SUBRECIPIENTfor each item of non-expendable property acquired for this program with CDBG funds. This record shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of the CITY. Non-expendable property means tangible personal property having a useful life of more than 1 year and an acquisition cost of $300 or more per unit. The SUBRECIPIENTshall not purchase or agree to purchase non-expendable property without the prior written approval from the CITY. Upon completion or early termination of this Agreement, CITY reserves the right to determine the final disposition of the non-expendable property acquired for this program and CDBG funds in compliance with applicable laws and regulations. The disposition may include, but is not limited to, CITY taking possession of the non- expendable property. 4. Expendable Personal Property Expendable personal property refers to all tangible personal property other than non-expendable personal property. The SUBRECIPIENTshall not purchase or agree to purchase expendable personal property with a unit value of$300 or more per unit without the prior written approval of the CITY. 5. Purchase or Lease of Non-Expendable Property or Equipment The SUBRECIPIENT shall obtain 3 documented bids prior to purchasing or leasing any non-expendable personal property or equipment over$300 in unit value. The SUBRECIPIENTshall purchase or lease from the lowest responsive and responsible City of Rancho Cucamonga Page 13 2012-2013 Program Year Community Development Block Grant Program bidder. All equipment that has a purchase or lease price of over$50 in unit value and life expectancy of more than 1 year shall be properly identified and inventoried and shall be charged at its actual price. This inventory shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of CITY. 6. Travel and Conference Restrictions The SUBRECIPIENTcertifies and agrees that travel and conference expenses will not be paid for by funds provided through this Agreement. 7. Procurement and Construction Contracts To the extent the Scope of Services set for in Exhibit A includes procurement and construction activities, all procurement and construction contracts shall comply with all relevant portions of OMB Circular A-110,including, but not limited to,the provisions required by OMB Circular A-110 Appendix A as described below: a. Provisions or conditions that allow for administrative,contractual,or legal remedies for breach of contract, and sanctions and penalties for the breach; this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); b. Provisions for termination for cause and for convenience by SUBRECIPIENT, the manner that such termination will be effected, and the basis for settlement;this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); c. Provisions requiring compliance with Executive Order No. 11246,entitled "Equal Employment Opportunity" as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity" and as supplemented in Department of Labor Regulations (41 C.F.R. Chapter 60). (This Order provides, in part, that no person shall be discriminated against on the basis of race, color, religion, sex,or national origin in all phases of employment during the performance of federally assisted construction contracts); City of Rancho Cucamonga Page 14 2012-2013 Program Year Community Development Block Grant Program d. Provisions evidencing compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. §74) as supplemented by Department of Labor regulations 29 C.F.R. Part 3, (this Act makes it a criminal offense for any person to induce, by any manner whatsoever, any person employed in the construction, prosecution, completion, or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States,to give up any part of the compensation to which he is entitled under his contract of employment); this condition is required of all contracts and subgrants in excess of$2,000 for construction or repair; e. Provisions evidencing compliance with the Davis-Bacon Act (40 U.S.C. § 276a to a-7) as supplemented by Department of Labor regulations 29 C.F.R. Part 6, (this Act requires provisions regarding minimum wages, fringe benefits, payments with deductions or rebates, withholding funds from contractors to ensure compliance with the wage provision, and termination of the contract or debarment for failure to adhere to the required priority); this condition is required only for construction contracts in excess of$2,000; f. Notice of any CITY requirements and regulations pertaining to reporting copyrights and patents in accordance with 37 C.F.R. Part 401; g. Access by SUBRECIPIENT, the CITY, the federal grantor agency, the Comptroller General of the United States, or documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions; h. Provisions requiring retention of all required records for 3 years after CITY makes final payments and all other pending matters are closed; For contracts in excess of$100,000,provisions requiring compliance with all applicable standards, orders, or requirements of the Clear Air Act (42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act as amended(33 U.S.C. § 1251 etseq.);and provisions requiring that violations City of Rancho Cucamonga Page 15 2012-2013 Program Year Community Development Block Grant Program of the Clean Air Act and the Federal Water Pollution Control Act be reported to the federal grant awarding agency and the Regional Office of the U.S. Environmental Protection Agency("EPA"); j. Mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163). k. Where applicable, all contracts in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Contracts or agreements for the performance of experimental, development, or research work shall provide for the rights of the Federal Government and the recipient in a resulting invention in accordance with 37 C.F.R. Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." m. Contractors who apply or bid for an award of$100,000 or more shall file the required certification in compliance with 31 U.S.C. § 1352,"Byrd Anti- Lobbying Amendment." n. No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos.12549 and 12689, "Debarment and Suspension." Contractors with awards in excess of the small purchase threshold shall provide the required certification regarding exclusion status. VIII. PERSONNEL AND PARTICIPANT CONDITIONS A. Affirmative Action Policy City of Rancho Cucamonga Page 16 2012-2013 Program Year Community Development Block Grant Program The SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition,the SUBRECIPIENT shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or because of this program. 1. Provision of Program Services a. The SUBRECIPIENT shall not on the ground of race, color, national origin, sex, handicap or familial status exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. The SUBRECIPIENTshal)not under any program or activity funded in whole or in part with CDBG funds, on the ground of race, color, national origin, sex, handicap or familial status: 1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. 2) Provide any facilities,services,financial aid,or other benefits that are different or are provided in a different form from that provided to others under the program or activity. 3) Subject to segregated or separate treatment in any facility in,or in any manner of process related to receipt of any service or benefit under the program or activity. 4) Restrict in any way access to,or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity. 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services,or other benefit provided under the program or activity. City of Rancho Cucamonga Page 17 2012-2013 Program Year Community Development Block Grant Program 6) Deny an opportunity to participate in a program or activity as an employee. c. The SUBRECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race,color,national origin,sex,handicap,or familial status or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity for individuals of a particular race, color, national origin, sex, handicap or familial status. d. The SUBRECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race,color,national origin,sex,handicap, or familial status or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto. 1) In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUBRECIPIENT has previously discriminated against persons on the grounds of race, color, national origin,sex,handicap,or familial status,the SUBRECIPIENT must take affirmative action to overcome the effects of prior discrimination. 2) Even in the absence of such prior discrimination, the SUBRECIPIENT, in administering a program or activity funded in whole or in part with CDBG funds,should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, sex, handicap, or familial status. Where previous discriminatory practice or usage tends, on the grounds of race, color, national origin, sex, handicap, or familial status,to exclude individuals from participation in, to deny them the benefits of, or City of Rancho Cucamonga Page 18 2012-2013 Program Year Community Development Block Grant Program to subject them to discrimination under any program or activity to which CDBG funding applies,the SUBRECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage,and to accomplish the purpose of the Civil Rights Act of 1964. 3) The SUBRECIPIENTshall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. e. Notwithstanding anything to the contrary in the provisions under Section VIII.A(1)(b)(1)-(6), nothing contained herein shall be construed to prohibit the SUBRECIPIENT from maintaining or constructing separate living facilities or rest room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. The SUBRECIPIENTshall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin,age, handicap, or familial status. The SUBRECIPIENT shall take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, religion, sex, national origin, age, handicap, or familial status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous place available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. City of Rancho Cucamonga Page 19 2012-2013 Program Year Community Development Block Grant Program b. The SUBRECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regards to race, color, religion, sex, national origin, age, handicap, or familial status. c. The SUBRECIPIENT shall 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 CITY's contracting officers advising the labor union or workers' representative of the SUBRECIPIENTs commitments under Section 202 of Executive Order No. 11246 of September 24, 1965,and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. The SUBRECIPIENT shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The SUBRECIPIENT shall furnish to the CITY all information and reports required by Executive Order No. 11246 of September 24,1965,and by the related rules, regulations, and orders. f. In the event of the SUBRECIPIENTs failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement,the CITY may cancel,terminate,or suspend in whole or in part its performance and the SUBRECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11245 of September 24, 1965,or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The SUBRECIPIENT shall include the provisions of the "Affirmative Action Policy,"Section VIII.A and all relevant subsections,in every sub-contract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order City of Rancho Cucamonga Page 20 2012-2013 Program Year Community Development Block Grant Program No. 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. The SUBRECIPIENT shall take such action for any sub-contract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however,that, in the event the SUBRECIPIENT becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the CITY, the SUBRECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. The SUBRECIPIENTshall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) or regarding any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973(29 U.S.C. §794). The SUBRECIPIENT shall also provide ready access to and use of all CDBG fund assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. §4151 et seq.) and the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.). 1) Remedies: In the event of SUBRECIPIENTs failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the City may cancel, terminate, or suspend in whole or in part its performance and SUBRECIPIENT may be declared ineligible for further Government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. 3. Section 3 Clause a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended 12 U.S.C. § 1702u(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,to City of Rancho Cucamonga Page 21 2012-2013 Program Year Community Development Block Grant Program the greatest extent feasible, be directed to low- and very-low income persons. b. The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by the execution of this contract,the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the SUBRECIPIENTs commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles, subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135,and agrees to 'take appropriate action, upon a finding that the subcontractor is in violation of the regulations of 24 C.F.R. Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require City of Rancho Cucamonga Page 22 2012-2013 Program Year Community Development Block Grant Program employment opportunities to be directed, were not to circumvent the SUBRECIPIENT's obligations under 24 C.F.R. Part 135. f. Noncompliance with regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. B. Conduct 1. Subcontracts a. Approvals The SUBRECIPIENTshall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY, prior to the execution of such agreement. • b. Monitoring The SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of non-compliance. c. Content The SUBRECIPIENT shall cause all of the provisions of this contract, in its entirety,to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The SUBRECIPIENTshall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process: 2. Conflict of Interest The SUBRECIPIENT agrees to abide by the provisions of 24 C.F.R. §570.611 regarding conflicts of interest. The SUBRECIPIENT certifies that no member,officer, or employee of the SUBRECIPIENT is an officer or employee of the CITY, or a City of Rancho Cucamonga Page 23 2012-2013 Program Year Community Development Block Grant Program member of any of its boards, commissions, or committees or has any interest or holding which could be affected by any actions taken in execution of this agreement. 3. Lobbying & Lobbying Certification The SUBRECIPIENT certifies,to the best of their knowledge and belief,that: a. 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 in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency,a Member of Congress,an officer or employee 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. c. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements), and that all SUBRECIPIENTs shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352, and the "Byrd Anti-Lobbying Amendment." Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Rancho Cucamonga Page 24 2012-2013 Program Year Community Development Block Grant Program 4. No Benefit to Arise to Local Employee No member, officer, or employee of the CITY, or its designees or agents, no member of the governing body of CITY,and no other public official who exercises any functions or responsibilities regarding the program during his tenure or for 1 year thereafter, shall have any interest, direct or indirect, in this Agreement or in any contract or subcontract,or the proceeds thereof,for work to be performed in connection with the program assisted under this Agreement. 5. Use of Funds for Entertainment or Gifts The SUBRECIPIENT certifies and agrees that it will not use funds provided through this Contract to pay for entertainment or gifts. 6. Copyright If this contract results in any copyrightable material or inventions,the CITY and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce,publish, or otherwise use and to authorize others to use,the work or materials for government purposes. The SUBRECIPIENT agrees to comply with 37 C.F.R. Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contract and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Religious Proselytizing or Political Activities The SUBRECIPIENT agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. 8. Equal Employment Opportunity In addition to the Affirmative Action Policy described in Section VIII.A of this Agreement, SUBRECIPIENT agrees to comply with all applicable provisions of Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375,"Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at City of Rancho Cucamonga Page 25 2012-2013 Program Year Community Development Block Grant Program 41 C.F.R. Chapter 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." IX. SEVERABILITY If any provision of this Agreement is found to be invalid, void, or unenforceable, the remaining provisions shall, insofar as reasonably possible, continue in full force in effect without being impaired or invalidated in any way. X. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement XI. COUNTERPARTS This Agreement may be executed in counterparts. When executed, each counterpart shall be deemed an original, irrespective of date of execution. The counterparts shall together constitute one and the same Agreement. XII. EXHIBITS The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. XIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between CITY and SUBRECIPIENTfor the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and SUBRECIPIENTwith respect to this Agreement. In the event of any discrepancy or conflict between this Agreement and the Exhibits,the terms of this Agreement shall control. City of Rancho Cucamonga Page 26 2012-2013 Program Year Community Development Block Grant Program SIGNATURE PAGE IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF RANCHO CUCAMONGA: HOPE THROUGH HOUSING FOUNDATION: / r._1 `Gdz- _ L. Dennis Mic G ge Searcy Mayor / Executive Director 10142,— ' 11r (51 Date Date APPROVED AS TO FORM: 1 s Markman ty Attorney Date City of Rancho Cucamonga Page 27 2012-2013 Program Year Community Development Block Grant Program EXHIBIT A SCOPE OF WORK AND BUDGET PROJECT:HOPE THROUGH HOUSING FOUNDATION II. CONTACT PERSON: George Searcy Hope Through Housing Foundation 9065 Haven Avenue, Suite 100 Rancho Cucamonga,CA 91730 (909)483-2444 III. SCOPE OF WORK A. General: 1. The SUBRECIPIENT shall administer the following CDBG funded activity: HOPE THROUGH HOUSING FOUNDATION, in a manner satisfactory to the CITY and consistent with any standards required as a condition of providing these funds. 2. The SUBRECIPIENT shall handle all administrative duties in conformance with all federal CDBG program requirements, including but not limited to OMB Circulars A- 87, A-97,A-102,A-110, A-122, A-127, and A-133. 3. The SUBRECIPIENT shall provide program guidelines,which include provisions for an annual goal statement and review of accomplishments. A copy of the referenced annual report shall be submitted to the CITY 30 days after its completion. B. Principal Tasks: 1. The SUBRECIPIENToperates their program at four affordable housing communities in Rancho Cucamonga including: Mountainside Apartments, Rancho Verde Apartments,Sycamore Springs Apartments,and Monterey Village Apartments,and provides education and support services for low income families. The SUBRECIPIENT will assist 100 persons 2. The goal of the program is to provide an after school enrichment program benefiting low income children and youth. C. Outreach and Education: City of Rancho Cucamonga Page 28 2012-2013 Program Year Community Development Block Grant Program 1. The SUBRECIPIENT shall advertise its program to the residents of Rancho Cucamonga in at least 2 citywide publications and on 1 local Hispanic radio station by December 31,2012. Evidence of the publications and radio announcement shall be provided to the CITY. D. Records and Reporting: 1. The SUBRECIPIENTshall be responsible for maintaining documentation on financial status, progress toward meeting goals, number and type of services provided,and number of clients assisted from Rancho Cucamonga. 2. The SUBRECIPIENTshall be responsible for reporting data in the following manner: a. Compile a monthly statistical summary report on the number and type of services provided and on the number of clients assisted. Client data shall include the income, ethnicity, age, sex, familial status, disabilities, and female heads of household. b. Prepare a monthly narrative report that describes significant accomplishments, highlights, and problems or issues encountered. This report should include descriptive case studies as applicable. c. Complete monthly direct benefit form (Exhibit B). d. Submit quarterly reports to include the following: 1) Copies of all literature/information disseminated during the previous quarter. 2) Copies of workshop/seminar notices and programs/agendas. 3) Proof of publication for all advertising. 4) Copies of all publications for all advertising. 5) Copies of all regularly published newsletters. 6) Copies of schedules for all activities participated in during the previous quarter. 7) Any other documentation which would verify the SUBRECIPIENTs activities during the quarter. City of Rancho Cucamonga Page 29 2012-2013 Program Year Community Development Block Grant Program E. Budget:The CITY will fund the activities of the SUBRECIPIENTas described in Section III.A& B, in an amount not to exceed $3,600. The CITY will make monthly payments to the SUBRECIPIENT in the period beginning July 1, 2012, and ending June 30, 2013. Payments will be on a reimbursement basis for the amount of services rendered. F. Payment Request: Submit an original monthly progress payment request which shall be accompanied by "audit ready" supportive evidence of each expenditure and proof of payment(i.e.,payroll,utility bills,rent receipts, material costs,etc.). Compensation shall be provided as outlined in Section IV of the Contract document. City of Rancho Cucamonga Page 30 2012-2013 Program Year Community Development Block Grant Program C sp oyasnoH E E papeaH alewa3 Q ❑. 0 'c O O , N > > I E t O O D L C v c ZJaylp/aDue1ea o s cC C 1 O E _0 co E o L ueauawy V D co-a • a) C ueau;y JO rem 3 m • O a4 0 pun ani3eN e�lsely o n �o ueipui ueai�awy a N• > o J, w v • `. al!yM o 0 T 0 0 3 _ ° c U pun ueD!Jawy v °E 22 o E L v b.0 ueD!J;y Jo>he +�C O O> N o a) V cu U L a 7,O . O fl m oD t .O E >, i• .) E w Co U O >' 7 > CL 4- a) u `° a, n. u - lM u O O v 0 a v, a E a '�2 IA M al!LIM pun E o !n N o u an!leN e�lsely JO E ° 0 -a E ue!pul ueauawy c :D 4' L W N 0 N N C u L E 7 al - al O L O coo 8 E m u 'tn °� al!LM v a Z `" O S 8 ++ , E O a, c N O i Japuels, L C7 m Q a D!;!red Jaylp Jo °! E o ue!!eMeH an!leN a, co 0 o L no m co aJ cu . C °' E u x i c u ueD!aawy o o OZ ueD!�;y JO ihe18 TO CZ ra a t— 0▪ v iv c r Q 'J c I ° I a v r' ID a,-_ � v, ' vY m Z c oo D a oo O= Y ue!sy a 'a E E C +N-, CO 0 a o N d Z c a to . I- o c o i -p anleN e)sely Jo Y la) eu a N N m p ue!pul ue��awy 112 " t�'o Q (13W%0£Molaq) 1O 0 M o � awoaul Mod AlawaJlx3 a, 0 a o Y N C O o 0 3 v a a E I N (IRV%0s of%i£) Y o q 0 o N a awoDu MOB C N c c 0 4.+ 2 N a E 0 ,a = o a, u E � a U u ID V. Oa 2 N c (13W%08 0l%IS) ° ° '� a v ai a) = awoou o Mo I 'v c - co 'o U ." o Ip W/ l L u E . v > a) to t CO' it; o d .0 'C t y o CU 4••� L L OJ C o v a- m E a (13W%08 anogy) c u •`—' - Y t a -0 a O C C7 C p awoDul PoW anogy « v tic E 0 o N U v m �" O Z W E O. E c a 2 ,°n o v L ,,, o F= cC O O Y u n = E o a S v ;; . ..... 2 E E E E Q O p ■o � m o � u o< E Lo o X n o, co U o pa}slssy le}ol — `, y r a o W of L.)I Z < Z 2 a ra .--I fV M U U EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE The SUBRECIPIENTshall execute the following form as required by the California Labor Code,Sections 1860 and 1861. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement. HOPE THROUGH HOUSING FOUNDATIOINt • George Searcy Executive Director 1/"" /M- Date ■ ATTEST: Signature Title City of Rancho Cucamonga Page 32 2012-2013 Program Year Community Development Block Grant Program 2012—2013 PROGRAM YEAR CDBG SUBRECIPIENT AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA, a Municipal Corporation AND STEELWORKERS OLDTIMERS FOUNDATION TABLE OF CONTENTS RECITALS 1 AGREEEMENT 2 SCOPE OF SERVICES 2 A. Service Area 2 B. Scope of Services 2 II. BUDGET 2 III. TIME OF PERFORMANCE 2 IV. COMPENSATION AND METHOD OF PAYMENT 2 V. NOTICES 3 VI. GENERAL CONDITIONS 3 A. City Review 3 B. Subrecipient Status 3 C. Indemnification 3 D. Compliance with Laws and Assurances 4 E. Independent Contractor 4 F. Assignment 4 G. Suspension or Termination 4 H. Insurance & Bonding 5 1. Workers' Compensation Insurance 5 2. Public Liability and Property Damage 6 3. General Insurance Requirements 6 National Objective 6 J. Amendments;Variations 7 K. Changes in Grant Allocation 7 L. Fiscal Limitations 7 M. Program Monitoring 8 VII. ADMINISTRATIVE REQUIREMENTS 8 A. Financial Management 8 1. Accounting Standards 8 2. Cost Principles 9 3. Joint Funding 9 B. Documentation & Record Keeping 9 1. Records to be Maintained 9 2. Records Retention 10 3. Reversion of Assets 10 4. Close Outs 10 5. Audits 11 C. Reporting 11 1. Program Reporting 12 2. Program Income 12 D. Procurement 12 1. OMB Standards 12 2. Purchase and Invoice Deadlines 13 3. Non-Expendable Property 13 4. Expendable Personal Property 13 5. Purchase or Lease of Non-Expendable Property or Equipment 13 6. Travel and Conference Restrictions 14 City of Rancho Cucamonga Page i 2012-2013 Program Year Community Development Block Grant Program 7. Procurement and Construction Contracts 14 VIII. PERSONNEL AND PARTICIPANT CONDITIONS 16 A. Affirmative Action Policy 16 1. Provision of Program Services 17 2. Employment Discrimination 19 3. Section 3 Clause 21 B. Conduct 23 1. Subcontracts 23 a. Approvals 23 b. Monitoring 23 c. Content 23 d. Selection Process 23 2. Conflict of Interest 23 3. Lobbying & Lobbying Certification 24 4. No Benefit to Arise to Local Employee 25 5. Use of Funds for Entertainment or Gifts 25 6. Copyright 25 7. Religious Proselytizing or Political Activities 25 8. Equal Employment Opportunity 25 IX. SEVERABILITY 26 X. - SECTION HEADINGS AND SUBHEADINGS 26 XI. COUNTERPARTS 26 XII. EXHIBITS 26 XIII. ENTIRE AGREEMENT 26 SIGNATURE PAGE 27 EXHIBIT A 28 EXHIBIT B 31 EXHIBIT C 32 City of Rancho Cucamonga Page ii 2012-2013 Program Year Community Development Block Grant Program This Agreement is made and entered into this 152 day of July 2012, between the City of Rancho Cucamonga (hereinafter referred to as the "CITY"), and the STEELWORKERS OLDTIMERS FOUNDATION, a non-profit organization under the laws of the State of California(hereinafter referred to as the"SUBRECIPIENT")for the purposes of providing the home maintenance and senior nutrition programs. RECITALS 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 the Housing and Community Development Act of 1974(hereinafter referred to as the "ACT"), as amended;and WHEREAS,pursuant to Section 570.208(a)(2)of Chapter 24 of the U.S.Code of Federal Regulations("C.F.R."), an objective of the CITY's CDBG program is to provide benefit to low- and moderate-income families including home maintenance and senior nutrition; and WHEREAS, pursuant to§ 570.201(e),this benefit may be provided a necessary public service program;and WHEREAS,the CITY and SUBRECIPIENT propose to provide assistance to the community through emergency repair services in order to ensure continued maintenance of affordable housing; and WHEREAS, SUBRECIPIENT is qualified by virtue of its experience to participate in the CDBG program. NOW,THEREFORE, in consideration of the performance of the promises,covenants,and conditions stated herein, the Parties hereto agree as follows: City of Rancho Cucamonga Page 1 2012-2013 Program Year Community Development Block Grant Program AGREEEMENT SCOPE OF SERVICES A. Service Area The service area is the CITY. B. . Scope of Services The STEELWORKERS OLDTIMERS FOUNDATION,as the SUBRECIPIENT shall perform all the services described in the project description and Scope of Services set forth as Exhibit A to this Agreement, a copy of which is attached hereto and incorporated herein by reference. II. BUDGET The SUBRECIPIENT shall comply with the budget specified in Exhibit A to this Agreement,a copy of which is attached hereto and incorporated herein by reference. III. TIME OF PERFORMANCE The described services of the SUBRECIPIENT are to commence on July 1, 2012, and shall be completed no later than June 30, 2013. IV. COMPENSATION AND METHOD OF PAYMENT CITY shall reimburse for allowable costs incurred under the scope of this Agreement and applicable federal regulations,which have not been paid for or reimbursed in any other manner by any other Agency or private source of funding. Reimbursement will be made no more than on a monthly basis,with the total of all reimbursements not to exceed$7,200 for the Home Maintenance Program and$8,400 for the Senior Nutrition Program. Drawdowns for the payment of eligible expenses shall be made against the budget specified in Exhibit A and in accordance with performance. Payments will contingent upon certification of the SUBRECIPIENT's financial management system in accordance with the standards specified in OMB Circular A-110, Subpart C, paragraph .21, Standards for Financial Management Systems. Disbursement of payment to SUBRECIPIENT shall be made by monthly reimbursements,contingent upon CITY's receipt of a monthly summary statement for all previous month's expenditures. Monthly expenditure reports shall be documented with "Audit Ready"supportive evidence of each expenditure and proof of payment, in accordance with HUD regulations. Reimbursement shall be limited to the total of approved properly documented expenditures. City of Rancho Cucamonga Page 2 2012-2013 Program Year Community Development Block Grant Program SUBRECIPIENT must submit the monthly expenditure reports by the 15th calendar day of the month following the month of services, regardless of expenditure amount. Within 30 days of receipt by CITY of each properly documented and timely submitted expenditure report, CITY will draw a warrant in favor of SUBRECIPIENT for approved expenditure amounts. Expenditure reports received after the 15th calendar day of the month in which payment is requested will cause unavoidable delays in payment processing. V. NOTICES All notices,memoranda, reports,drafts,and communications shall be served in writing. The notices shall be sent to the following addresses: SUBRECIPIENT: CITY: Irene Muro Thomas Grahn Steelworkers Oldtimers Foundation City of Rancho Cucamonga 8572 Sierra Avenue 10500 Civic Center Drive Fontana, CA 92335 P.O. Box 807 Rancho Cucamonga, CA 91729-0807 VI. GENERAL CONDITIONS A. City Review The CITY reserves the right to review and approve actions and decisions taken by SUBRECIPIENT regarding operation of the home maintenance and senior nutrition programs for compliance with all applicable regulations. B. Subrecipient Status 1. The CITY recognizes SUBRECIPIENT as an independent non-profit organization and agrees to cooperate in protecting its image as a politically neutral organization. 2. SUBRECIPIENT warrants and agrees that it is not a party listed on the General Service Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos. 12549 and 12689,"Debarment and Suspension." If the amount of this Agreement exceeds the small purchase threshold established by 41 U.S.C. §403(11)(currently$100,000), SUBRECIPIENT agrees to provide the required certification regarding its exclusion status. C. Indemnification City of Rancho Cucamonga Page 3 2012-2013 Program Year Community Development Block Grant Program • SUBRECIPIENT shall indemnify and hold harmless CITY, its elected and appointed officials, officers,agents,and employees from all liability from loss,damage,or injury to persons or property,including the payment by SUBRECIPIENT of any and all legal costs and attorney's fees, in any manner arising out of or incidental to the performance by SUBRECIPIENT of this Agreement,including but not limited to,all consequential damages,to the maximum extent permitted by law. D. Compliance with Laws and Assurances SUBRECIPIENT hereby assures and certifies that it has complied and will continue to comply with the ACT and all applicable federal, state, and local laws, ordinances, regulations, policies,guidelines,and requirements as they relate to acceptance and use for federal funds for this federally assisted program. This Agreement is subject to all such laws, ordinances, regulations,policies,and guidelines,including without limitation,the ACT,24 C.F.R. Part 85; 24 C.F.R. Part 570;and U.S.Office of Management and Budget("OMB")Circulars applicable, including without limitation,A-87,A-97,A-102, A-110, A-122, A-127, and A-133. E. Independent Contractor The parties hereto in the performance of this Agreement will be acting in the independent capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees,officers,officials,agents,and volunteers of one party shall not be deemed or construed to be the agent or employees of the other party for any purpose whatsoever. F. Assignment This Agreement is not assignable by SUBRECIPIENT without the express prior written consent of CITY,which consent shall be given at the CITY's sole discretion. Any attempt by SUBRECIPIENT to assign any performance of the terms of this Agreement shall be void and shall constitute a material breach of this Agreement upon which the CITY may, among its other remedies, and without limitation, cancel, terminate, or suspend this Agreement. G. Suspension or Termination This Agreement may be terminated in whole or in part at any time by either party upon giving their 30 days notice in writing to the other party. Agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions City of Rancho Cucamonga Page 4 2012-2013 Program Year Community Development Block Grant Program of 24 C.F.R. § 85.44, Termination for Convenience. CITY's Planning Director is hereby empowered to give the notice subject to ratification by the City Council. In addition, CITY may immediately terminate this Agreement 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 Agreement is rendered improbable, infeasible, or impossible. If the SUBRECIPIENT materially fails to comply with any term of this Agreement,CITY may take one or more of the actions provided under 24 C.F.R. § 85.43, Enforcement, which includes temporarily withholding cash, disallowing non-compliant costs,wholly or partly terminating the award,withholding future awards, and other remedies that are legally available. In such event, the SUBRECIPIENT 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 been previously reimbursed,to the date of the termination to the extent that CDBG funds are available from HUD. H. Insurance & Bonding The SUBRECIPIENT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the SUBRECIPIENT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. The SUBRECIPIENT shall take out and maintain at all times during the terms of this Agreement the following policies of insurance: 1. Workers' Compensation Insurance Before beginning work, the SUBRECIPIENT shall furnish to CITY a certificate of insurance as proof that it has taken out full Workers'Compensation Insurance for all persons who it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. The SUBRECIPIENT, prior to commencing work, shall sign and file with CITY a certification as follows (Exhibit C): • City of Rancho Cucamonga Page 5 2012-2013 Program Year Community Development Block Grant Program I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this Agreement. 2. Public Liability and Property Damage Throughout the term of this Agreement,at SUBRECIPIENT's sole cost and expense, the SUBRECIPIENT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of the CITY and SUBRECIPIENT,comprehensive,broad form,general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from the SUBRECIPIENT's activities, providing protection of at least $500,000 for bodily injury or death to any one person or for any one accident or occurrence and at least $500,000 for property damage. 3. General Insurance Requirements All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs_.21(c)to(e)and of paragraph _.31 of Subpart C of OMB Circular A-110 shall name as additional insured CITY,its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non-contributing with any insurance that may be carried by CITY;and(3)they cannot be canceled or materially changed except after 30 days notice by the insurer to CITY by certified mail. SUBRECIPIENT may effect for its own account insurance not required under this Agreement. 4. The SUBRECIPIENT shall comply with all bonding and insurance requirements as required by OMB Circular A-102 Attachment B, OMB Circular A-110, and other relevant regulations. National Objective The SUBRECIPIENT agrees to guarantee that at least 51 percent of the beneficiaries of the program identified in Exhibit A,Scope of Services,are low-and moderate-income persons or City of Rancho Cucamonga Page 6 2012-2013 Program Year Community Development Block Grant Program households. Under CDBG regulation,the following clientele categories are presumed to be low-and moderate-income persons and can qualify for service regardless of income:abused children, battered spouses, illiterate persons, and migrant farm workers. Beneficiaries qualifying on the basis of income shall have an annual income equal to or less than the HUD Section 8(of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits for the Riverside-San Bernardino-Ontario MSA define the maximum family income for low- and moderate-income households. The SUBRECIPIENT is responsible for obtaining from CITY the current applicable HUD Section 8 Income Limits for each year of the Contract term identified in Section III of this Agreement,Time of Performance. The SUBRECIPIENT shall retain these forms for 3 years after conclusion of their contract. J. Amendments; Variations The CITY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement,and are executed in writing,signed by a duly authorized representative of both organizations, and approved by the CITY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the CITY or SUBRECIPIENT from its obligations under this Agreement. The CITY may, in its discretion,amend this Agreement to conform with changes to federal, state,or local governmental guidelines,policies,and available funding amounts,or for other reasons. If, however,such changes results in a change in the funding,scope of services,or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both CITY and SUBRECIPIENT. K. Changes in Grant Allocation CITY reserves the right to reduce the grant allocation when CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with the SUBRECIPIENT. Such changes shall be incorporated into this Agreement by written amendments. L. Fiscal Limitations The United States of America through HUD may in the future place programmatic or fiscal limitation(s)on CDBG funds not presently anticipated. Accordingly,CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. City of Rancho Cucamonga Page 7 2012-2013 Program Year Community Development Block Grant Program In the event of funding reduction,CITY may reduce the budget of Agreement as a whole or as to cost category, and may at its sole discretion, limit the SUBRECIPIENT's authority to commit and spend funds,and may restrict the SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding that affects funding for this Agreement, the Planning Director or his/her designee may act for CITY in implementing and effecting such a reduction in revising the Agreement for such purpose. The Planning Director or his/her designee may act for CITY in suspending the operation of the Agreement for up to 60 days, upon 3 days written notice to the SUBRECIPIENT of his/her intention to so act. In no event, however, shall any revision made by CITY affect expenditures and legally binding commitments made by the SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. M. Program Monitoring The CITY will conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable objectives achieved,effectiveness of program management, and impact of the program. Authorized representatives of CITY and HUD shall have the right of access to all activities and facilities operated by the SUBRECIPIENT 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 inspection by CITY and HUD representatives,and ensure that its employees and board members furnish such information, as in the judgment of CITY and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. VI!. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The SUBRECIPIENT agrees to comply with OMB Circular A-110, Subpart C, paragraph_.21,Standards for Financial Management,and agrees to adhere to the accounting principles and procedures required therein,as well as the standards set City of Rancho Cucamonga Page 8 2012-2013 Program Year Community Development Block Grant Program forth in 24 CFR § 84.21-84.28, to utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The SUBRECIPIENT shall administer its program in conformance with OMB Circular A-122 "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs whether charged on a direct or indirect basis. 3. Joint Funding For programs in which there are sources of funds in addition to CDBG funds, the SUBRECIPIENT shall provide proof of such funding. The CITY shall not pay for any services provided by the SUBRECIPIENT that are funded by other sources. All restrictions and/or requirements provided in this agreement relative to accounting, budgeting,and reporting apply to the total program regardless of funding sources. B. Documentation & Record Keeping 1. Records to be Maintained The SUBRECIPIENT shall maintain all records: (1) required by the Federal Regulations specified in 24 C.F.R. § 570.506, (2) pertinent to the activities to be funded under this Agreement,or(3)required by the Federal Register Notices. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisitions,improvements,and use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with affirmative action and citizen participation components of the CDBG program; f. Financial records as required by 24 C.F.R. § 570.502, and OMB Circular A- 110; City of Rancho Cucamonga Page 9 2012-2013 Program Year Community Development Block Grant Program g. Other records necessary to document compliance with 24 C.F.R. Part 570, Subpart K; and h. Other records necessary to document income eligibility requirements of participants. 2. Records Retention The SUBRECIPIENT shall maintain all records required by the Federal Regulations specified in 24 C.F.R. § 570.506, that are pertinent to the activities funded under this Agreement, and as further described in Exhibit A. Financial records,supporting documents,statistical records, and all other records pertaining to the use of the funds provided under this Agreement shall be retained by the SUBRECIPIENT for a period of 4 years, at a minimum, and in the event of litigation,claim,or audit,the records shall be retained until all litigation,claims,and audit findings involving the records have been fully resolved. Records for non- expendable property acquired with federal funds provided under this Agreement shall be retained for 4 years after the final disposition of such property. 3. Reversion of Assets Upon the expiration or termination of this Agreement,for any reason whatsoever, the SUBRECIPIENT shall forthwith transfer to CITY,any CDBG funds on hand at the time of such expiration or termination and any accounts receivable attributable to the use of CDBG funds including, without limitation, program income. Any real property under the control of SUBRECIPIENT that was acquired or improved in whole or in part with CDBG funds in excess of$25,000 shall either be: (a) used to meet one of the national objectives set forth in 24 C.F.R. § 570.208, or any successor statute, until 5 years after the expiration or termination of the Agreement, or for such longer period of time as determined to be appropriate by the CITY at it's sole discretion; or (b) disposed of in a manner that results in the CITY's being reimbursed in the amount of the current fair market value of real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, such real property. 4. Close Outs City of Rancho Cucamonga Page 10 2012-2013 Program Year Community Development Block Grant Program The SUBRECIPIENT's obligation to the CITY shall not end until all closeout requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to CITY),and determining the custodianship of records. 5. Audits The SUBRECIPIENT is required to arrange for an independent financial and compliance audit annually for each fiscal year federal funds are received or expended under this Agreement. Audits must comply with OMB Circular A-133. An audit may be conducted by federal,state, or local funding source agencies as part of the CITY's audit responsibilities. The results of the independent audit must be submitted to the CITY within 30 days of completion. Within 30 days of submission of the audit report, the SUBRECIPIENT shall provide a written response to all conditions of findings reported in the audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All conditions or finding correction actions shall take place within 6 months after receipt of the audit report. CITY and its authorized representatives shall at all times,have access for the purpose of audit or inspection, to any and all books, documents, papers, records, property, and premises of the SUBRECIPIENT. The SUBRECIPIENT's staff will cooperate fully with authorized auditors when they conduct audits and examinations of the SUBRECIPIENT's program. If indications of misappropriation or misapplication of the funds of this Contract cause CITY to require a special audit, the cost of the audit will be encumbered and deducted from this Contract budget. Should CITY subsequently determine that the special audit was not warranted,the amount encumbered will be restored to the Contract budget. Should the special audit confirm misappropriation or misapplication of funds, the SUBRECIPIENT shall reimburse CITY the amount of misappropriate or misapplication. In the event CITY uses the judicial system to recover misappropriated or misapplied funds,the SUBRECIPIENT shall reimburse CITY legal fees and court costs in addition to awards. C. Reporting City of Rancho Cucamonga Page 11 2012-2013 Program Year Community Development Block Grant Program 1. Program Reporting The SUBRECIPIENT agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD, or CITY. The SUBRECIPIENT shall maintain such property, personnel,financial,and other records and accounts as are considered necessary by HUD or CITY to assure proper accounting for all Contract funds, as specified in Exhibit A. All the SUBRECIPIENT's records,with the exception of confidential client information, shall be made .available to representatives of CITY and the appropriate federal agencies. The SUBRECIPIENT is required to submit data necessary to complete the Consolidated Plan Annual Performance and Evaluation Report in accordance with HUD regulations in the format and at the time designated by the CITY. The SUBRECIPIENT shall complete and deliver to CITY a"Summary of Activities Having Direct Benefits"Form(Exhibit B) on or before the 15th of the month following the month being reported, or as otherwise required by HUD. 2. Program Income The SUBRECIPIENT shall report,on a monthly basis,all program income as defined by 24 C.F.R. § 570.500(a)generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth in 24 C.F.R. § 570.504. By way of further limitations, the SUBRECIPIENT may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of such program balances on hand. All unused program income shall be returned to the CITY at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the CITY. D. Procurement 1. OMB Standards To the extent any funds received by SUBRECIPIENT under this Agreement are used for procurement of materials,property,or services,the SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements OMB Circular A-110, Subpart C, paragraphs_.40 to_.48, Procurement Standards. City of Rancho Cucamonga Page 12 2012-2013 Program Year Community Development Block Grant Program 2. Purchase and Invoice Deadlines Purchase of equipment or property must be completed before the last 3 months of the initial performance period and all equipment bills are to be paid before the last 2 months of this period. No expendable or non-expendable property or equipment is to be purchased during the final 3 months of the initial performance period unless approved by CITY in writing. Invoices for all obligations incurred under this Contract must be submitted to CITY'S Planning Department within 60 days after the initial performance period termination date or they may not be honored. Exceptions to the preceding limitations require prior written approval by the CITY. 3. Non-Expendable Property A record shall be maintained by the SUBRECIPIENT for each item of non-expendable property acquired for this program with CDBG funds. This record shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of the CITY. Non-expendable property means tangible personal property having a useful life of more than 1 year and an acquisition cost of $300 or more per unit. The SUBRECIPIENT shall not purchase or agree to purchase non-expendable property without the prior written approval from the CITY. Upon completion or early termination of this Agreement, CITY reserves the right to determine the final disposition of the non-expendable property acquired for this program and CDBG funds in compliance with applicable laws and regulations. The disposition may include, but is not limited to, CITY taking possession of the non- expendable property. 4. Expendable Personal Property Expendable personal property refers to all tangible personal property other than non-expendable personal property. The SUBRECIPIENT shall not purchase or agree to purchase expendable personal property with a unit value of$300 or more per unit without the prior written approval of the CITY. 5. Purchase or Lease of Non-Expendable Property or Equipment The SUBRECIPIENT shall obtain 3 documented bids prior to purchasing or leasing any non-expendable personal property or equipment over$300 in unit value. The SUBRECIPIENT shall purchase or lease from the lowest responsive and responsible City of Rancho Cucamonga Page 13 2012-2013 Program Year Community Development Block Grant Program bidder. All equipment that has a purchase or lease price of over$50 in unit value and life expectancy of more than 1 year shall be properly identified and inventoried and shall be charged at its actual price. This inventory shall be provided to CITY as well as being available for inspection and audit upon reasonable notice by the CITY at the request of CITY. 6. Travel and Conference Restrictions The SUBRECIPIENT certifies and agrees that travel and conference expenses will not be paid for by funds provided through this Agreement. 7. Procurement and Construction Contracts To the extent the Scope of Services set for in Exhibit A includes procurement and construction activities, all procurement and construction contracts shall comply with all relevant portions of OMB Circular A-110, including, but not limited to,the provisions required by OMB Circular A-110 Appendix A as described below: a. Provisions or conditions that allow for administrative,contractual,or legal remedies for breach of contract, and sanctions and penalties for the breach; this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); b. Provisions for termination for cause and for convenience by SUBRECIPIENT, the manner that such termination will be effected, and the basis for settlement;this condition applies only to procurement contracts in excess of the small purchase threshold fixed at 41 U.S.C. §403(11) (currently $100,000); c. Provisions requiring compliance with Executive Order No. 11246,entitled "Equal Employment Opportunity" as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity" and as supplemented in Department of Labor Regulations (41 C.F.R. Chapter 60). (This Order provides, in part, that no person shall be discriminated against on the basis of race, color, religion, • sex,or national origin in all phases of employment during the performance of federally assisted construction contracts); City of Rancho Cucamonga Page 14 2012-2013 Program Year Community Development Block Grant Program d. Provisions evidencing compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. § 74) as supplemented by Department of Labor regulations 29 C.F.R. Part 3, (this Act makes it a criminal offense for any person to induce, by any manner whatsoever, any person employed in the construction, prosecution, completion, or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States,to give up any part of the compensation to which he is entitled under his contract of employment); this condition is required of all contracts and subgrants in excess of$2,000 for construction or repair; e. Provisions evidencing compliance with the Davis-Bacon Act (40 U.S.C. § 276a to a-7) as supplemented by Department of Labor regulations 29 C.F.R. Part 6, (this Act requires provisions regarding minimum wages, fringe benefits, payments with deductions or rebates, withholding funds from contractors to ensure compliance with the wage provision, and termination of the contract or debarment for failure to adhere to the required priority); this condition is required only for construction contracts in excess of$2,000; f. Notice of any CITY requirements and regulations pertaining to reporting copyrights and patents in accordance with 37 C.F.R. Part 401; g. Access by SUBRECIPIENT, the CITY, the federal grantor agency, the Comptroller General of the United States, or documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions; h. Provisions requiring retention of all required records for 3 years after CITY makes final payments and all other pending matters are closed; For contracts in excess of$100,000, provisions requiring compliance with all applicable standards, orders, or requirements of the Clear Air Act (42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act as amended(33 U.S.C. § 1251 etseq.);and provisions requiring that violations City of Rancho Cucamonga Page 15 2012-2013 Program Year Community Development Block Grant Program of the Clean Air Act and the Federal Water Pollution Control Act be reported to the federal grant awarding agency and the Regional Office of the U.S. Environmental Protection Agency("EPA"); j. Mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). k. Where applicable, all contracts in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Contracts or agreements for the performance of experimental, development, or research work shall provide for the rights of the Federal Government and the recipient in a resulting invention in accordance with 37 C.F.R. Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." m. Contractors who apply or bid for an award of$100,000 or more shall file the required certification in compliance with 31 U.S.C. § 1352,"Byrd Anti- Lobbying Amendment." n. No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Order Nos.12549 and 12689, "Debarment and Suspension." Contractors with awards in excess of the small purchase threshold shall provide the required certification regarding exclusion status. VIII. PERSONNEL AND PARTICIPANT CONDITIONS A. Affirmative Action Policy City of Rancho Cucamonga Page 16 2012-2013 Program Year Community Development Block Grant Program The SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, the SUBRECIPIENT shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or because of this program. 1. Provision of Program Services a. The SUBRECIPIENT shall not on the ground of race, color, national origin, sex, handicap or familial status exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. The SUBRECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the ground of race, color, national origin, sex, handicap or familial status: 1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. 2) Provide any facilities, services,financial aid,or other benefits that are different or are provided in a different form from that provided to others under the program or activity. 3) Subject to segregated or separate treatment in any facility in,or in any manner of process related to receipt of any service or benefit under the program or activity. 4) Restrict in any way access to,or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity. 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity. City of Rancho Cucamonga Page 17 2012-2013 Program Year Community Development Block Grant Program 6) Deny an opportunity to participate in a program or activity as an employee. c. The SUBRECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race,color,national origin,sex,handicap,or familial status or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity for individuals of a particular race, color, national origin, sex, handicap or familial status. d. The SUBRECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race,color,national origin,sex,handicap, or familial status or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto. 1) In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUBRECIPIENT has previously discriminated against persons on the grounds of race, color, national origin,sex,handicap,or familial status,the SUBRECIPIENT must take affirmative action to overcome the effects of prior 'discrimination. 2) Even in the absence of such prior discrimination, the SUBRECIPIENT, in administering a program or activity funded in whole or in part with CDBG funds,should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, sex, handicap, or familial status. Where previous discriminatory practice or usage tends, on the grounds of race, color, national origin, sex, handicap, or familial status,to exclude individuals from participation in, to deny them the benefits of, or City of Rancho Cucamonga Page 18 2012-2013 Program Year Community Development Block Grant Program to subject them to discrimination under any program or activity to which CDBG funding applies,the SUBRECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage,and to accomplish the purpose of the Civil Rights Act of 1964. 3) The SUBRECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. e. Notwithstanding anything to the contrary in the provisions under Section VIII.A(1)(b)(1)-(6), nothing contained herein shall be construed to prohibit the SUBRECIPIENT from maintaining or constructing separate living facilities or rest room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, handicap, or familial status. The SUBRECIPIENT shall take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, religion, sex, national origin, age, handicap, or familial status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous place available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. City of Rancho Cucamonga Page 19 2012-2013 Program Year Community Development Block Grant Program b. The SUBRECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regards to race, color, religion, sex, national origin, age, handicap, or familial status. c. The SUBRECIPIENT shall 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 CITY's contracting officers advising the labor union or workers' representative of the SUBRECIPIENT's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. The SUBRECIPIENT shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The SUBRECIPIENT shall furnish to the CITY all information and reports required by Executive Order No. 11246 of September 24, 1965,and by the related rules, regulations, and orders. f. In the event of the SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement,the CITY may cancel,terminate,or suspend in whole or in part its performance and the SUBRECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11245 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The SUBRECIPIENT shall include the provisions of the "Affirmative Action Policy,"Section VIII.A and all relevant subsections, in every sub-contract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order City of Rancho Cucamonga Page 20 2012-2013 Program Year Community Development Block Grant Program No. 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. The SUBRECIPIENT shall take such action for any sub-contract or purchase order as the CITY may direct as a means of enforcing such provisions including sanctions for non-compliance; provided,however,that, in the event the SUBRECIPIENT becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the CITY, the SUBRECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. The SUBRECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) or regarding any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973(29 U.S.C. § 794). The SUBRECIPIENT shall also provide ready access to and use of all CDBG fund assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. §4151 et seq.) and the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.). 1) Remedies: In the event of SUBRECIPIENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the City may cancel, terminate, or suspend in whole or in part its performance and SUBRECIPIENT may be declared ineligible for further Government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. 3. Section 3 Clause a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended 12 U.S.C. § 1702u(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,to City of Rancho Cucamonga Page 21 2012-2013 Program Year Community Development Block Grant Program the greatest extent feasible, be directed to low- and very-low income persons. b. The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by the execution of this contract,the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the SUBRECIPIENT's commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles, subject to hire, availability of apprenticeship and training positions, the qualifications for each;and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135,and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations of 24 C.F.R. Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require City of Rancho Cucamonga Page 22 2012-2013 Program Year Community Development Block Grant Program employment opportunities to be directed, were not to circumvent the SUBRECIPIENT's obligations under 24 C.F.R. Part 135. f. Noncompliance with regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. B. Conduct 1. Subcontracts a. Approvals The SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY, prior to the execution of such agreement. b. Monitoring The SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of non-compliance. c. Content The SUBRECIPIENT shall cause all of the provisions of this contract, in its entirety,to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The SUBRECIPIENT shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process. 2. Conflict of Interest The SUBRECIPIENT agrees to abide by the provisions of 24 C.F.R. § 570.611 regarding conflicts of interest. The SUBRECIPIENT certifies that no member,officer, or employee of the SUBRECIPIENT is an officer or employee of the CITY, or a City of Rancho Cucamonga Page 23 2012-2013 Program Year Community Development Block Grant Program member of any of its boards, commissions, or committees or has any interest or holding which could be affected by any actions taken in execution of this agreement. 3. Lobbying& Lobbying Certification The SUBRECIPIENT certifies, to the best of their knowledge and belief, that: a. 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 in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will .- be paid to any person for influencing or attempting to influence any officer or employee of any agency,a Member of Congress,an officer or employee 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. c. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements), and that all SUBRECIPIENT's shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352, and the "Byrd Anti-Lobbying Amendment." Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Rancho Cucamonga Page 24 2012-2013 Program Year Community Development Block Grant Program 4. No Benefit to Arise to Local Employee No member, officer, or employee of the CITY, or its designees or agents, no member of the governing body of CITY, and no other public official who exercises any functions or responsibilities regarding the program during his tenure or for 1 year thereafter, shall have any interest, direct or indirect, in this Agreement or in any contract or subcontract, or the proceeds thereof,for work to be performed in connection with the program assisted under this Agreement. 5. Use of Funds for Entertainment or Gifts The SUBRECIPIENT certifies and agrees that it will not use funds provided through this Contract to pay for entertainment or gifts. 6. Copyright If this contract results in any copyrightable material or inventions,the CITY and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use,the work or materials for government purposes. The SUBRECIPIENT agrees to comply with 37 C.F.R. Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contract and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Religious Proselytizing or Political Activities The SUBRECIPIENT agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. 8. Equal Employment Opportunity In addition to the Affirmative Action Policy described in Section VIII.A of this Agreement, SUBRECIPIENT agrees to comply with all applicable provisions of Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375,"Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at City of Rancho Cucamonga Page 25 2012-2013 Program Year Community Development Block Grant Program 41 C.F.R. Chapter 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." IX. SEVERABILITY If any provision of this Agreement is found to be invalid, void, or unenforceable, the remaining provisions shall, insofar as reasonably possible, continue in full force in effect without being impaired or invalidated in any way. X. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement XI. COUNTERPARTS This Agreement may be executed in counterparts. When executed, each counterpart shall be deemed an original,irrespective of date of execution. The counterparts shall together constitute one and the same Agreement. XII. EXHIBITS The Exhibits to this Agreement are an integral part of this Agreement and have each been incorporated herein. XIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between CITY and SUBRECIPIENT for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and SUBRECIPIENT with respect to this Agreement. In the event of any discrepancy or conflict between this Agreement and the Exhibits, the terms of this Agreement shall control. City of Rancho Cucamonga Page 26 2012-2013 Program Year Community Development Block Grant Program SIGNATURE PAGE IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF RANCHO CUCAMONGA: STEELWORKERS OLDTIMERS FOUNDATION: L. Dennis Mill Ire teliiuro` Mayor Intirim Chief Executive Opcer °I'i1i • Date 41' Date APPROVED AS TO FORM: • ./.7- 31,yaerlosr J yes Markman • ity Attorney (r Date City of Rancho Cucamonga Page 27 2012-2013 Program Year Community Development Block Grant Program EXHIBIT A SCOPE OF WORK AND BUDGET PROJECT: STEELWORKERS OLDTIMERS FOUNDATION II. CONTACT PERSON: Irene Muro Steelworkers Oldtimers Foundation 8572 Sierra Avenue Fontana, CA 92335 (909) 829-0384 III. SCOPE OF WORK A. General: 1. The SUBRECIPIENT shall administer the following CDBG funded activity: home maintenance and senior nutrition programs, in a manner satisfactory to the CITY and consistent with any standards required as a condition of providing these funds. 2. The SUBRECIPIENT shall handle all administrative duties in conformance with all federal CDBG program requirements, including but not limited to OMB Circulars A- 87,A-97,A-102, A-110, A-122, A-127, and A-133. 3. The SUBRECIPIENT shall provide program guidelines,which include provisions for an annual goal statement and review of accomplishments. A copy of the referenced annual report shall be submitted to the CITY 30 days after its completion. B. Principal Tasks: 1. The Home Maintenance Program will assist 40 households. Service shall be available to all senior citizens, 60 years of age or older who own their own homes, or mobile homes, as well as handicapped individuals, whose income falls below 80% of the area median family income. Permitted home repairs include minor plumbing, electrical, carpentry, and roof repairs. 2. The maximum grant permitted is $300 per visit, with a maximum of 2 visits per household. In the case of emergency repairs involving health and safety items, a one-time material charge of up to$500 will be permitted. City of Rancho Cucamonga Page 28 2012-2013 Program Year Community Development Block Grant Program 3. The City will refer clients to the SUBRECIPIENT. The SUBRECIPIENT will alert City staff to housing conditions that require substantial repairs or rehabilitation. 4. The SUBRECIPIENT will be responsible for determining eligibility of the Home Maintenance Program and will maintain activity files. 5. The Senior Nutrition Program will provide for both congregate and home delivered meals. The SUBRECIPIENT will serve 22,500 meals at the Rancho Cucamonga Senior Center and 16,250 meals for home delivery from the Senior Center. The program will assist 570 unduplicated seniors. C. Outreach and Education: 1. The SUBRECIPIENT shall advertise its program to the residents of Rancho Cucamonga in at least 2 citywide publications and on 1 local Hispanic radio station by December 31,2012. Evidence of the publications and radio announcement shall be provided to the CITY. D. Records and Reporting: 1. The SUBRECIPIENT shall be responsible for maintaining documentation on financial status, progress toward meeting goals,number and type of services provided,and number of clients assisted from Rancho Cucamonga. • 2. The SUBRECIPIENT shall be responsible for reporting data in the following manner: a. Compile a monthly statistical summary report on the number and type of services provided and on the number of clients assisted. Client data shall include the income, ethnicity, age, sex, familial status, disabilities, and female heads of household. b. Prepare a monthly narrative report that describes significant accomplishments, highlights, and problems or issues encountered. This report should include descriptive case studies as applicable. c. Complete monthly direct benefit form (Exhibit B). d. Submit quarterly reports to include the following: 1) Copies of all literature/information disseminated during the previous quarter. City of Rancho Cucamonga Page 29 2012-2013 Program Year Community Development Block Grant Program 2) Copies of workshop/seminar notices and programs/agendas. 3) Proof of publication for all advertising. 4) Copies of all publications for all advertising. 5) Copies of all regularly published newsletters. 6) Copies of schedules for all activities participated in during the previous quarter. 7) Any other documentation which would verify the SUBRECIPIENT's activities during the quarter. E. Budget:The CITY will fund the activities of the SUBRECIPIENT as described in Section III.A& B, in an amount not to exceed$7,200 for the Home Maintenance Program and $8,400 for the Senior Nutrition Program. The CITY will make monthly payments to the SUBRECIPIENT in the period beginning July 1, 2012, and ending June 30, 2013. Payments will be on a reimbursement basis for the amount of services rendered. F. Payment Request: Submit an original monthly progress payment request which shall be accompanied by "audit ready" supportive evidence of each expenditure and proof of payment(i.e.,payroll,utility bills,rent receipts,material costs,etc.). Compensation shall be provided as outlined in Section IV of the Contract document. City of Rancho Cucamonga Page 30 2012-2013 Program Year Community Development Block Grant Program . C cci sployasn0H • o °, .o E E papeaH alewaj ° ( ro O O a, r°• > CO I ■ aNE c v G1 G1 O _ s Q Q t C -O c aay�0/aaueleg v to C 0 c c co E uea!Jawy o a = c ; ue !a�y JO ipel9 3 -0 c OA put)aAlleN a)jseIV a, CO to 0 c c JO ue!pul ueauawy c d L i•- N i O N `= 0 E a > O �!qM c O E v v pun ueauawy 1:i• ° to o v to uea!�}y JO�lael9 E > co o T. .92 d U 1 p Q 0 rz co E o o a +, m w L O > 7 u () CL • a U. al!gM pun ue!sy p O a; ° o a E in vi LO M al!gM pun " 1° °, a u an!;eN a/sely JO E ° o N - E ue!pul ueauawy v N C .0 W c C ro .. N G \ c E 7 a)0 Z u a \ al!yM m c `. .o +, � E 0 v c CO ri o L aapuelsl 0 m Q 0- a!;!aed aay;0 Jo 0 w•4... ue!!emeH aAlleN to •E p a c • a y c c a N E u • 0 a Z c w ,ueauawy o u o O uea!�;y�o ilaelg m . I- +' a) c > Q TO ci L 0 a c o a 3 v M Z _c H cu ' v m m -v c 0 D a O uelsy 0 0 3 c ^ N C a N (0 W m ro L = to F- i' 0 o -0 anp.eN e�lsely JO Y m C i F 41 u CV CD a 0 4-, ueipul uea!Jawy t- U C• u to O o y o 'd 0 C7 o Q (i J%0E molaq) iO C u Y 0 -0 ; awoaul mol AlawaJ;x3 v t g o m t oc 0 0 o 3 • tri v » E Tr a _ J O 7 ~N aWOaUl MOl wT 0 o N 0 0 ` GJ y� i-' 0 c +N, _ °i 0 4-• c• ai E a o ac, ° E 0 -0 ° a, +_+ N N in c WIN%O8 of%TS) '6 ,�? _o 'F, v •c 9. r v y CI) p — auioaul poW/mol r c v L .0 '_ `-' CO V > ` Y 1L w 0 t° H _c Y c C O ° C O 4 i E a (IjW%08 anogy) c E 'E 0 E L u • 0 1O o C *' (7 ca 0 awoaul poiN anogy °1 _ '� a "> m c Z W c O ._ a u au. 0 O ai H fa O Y t u .� _ u _ c o ro IEEE E a to o p o m o r u o f x 3 0 to 0 3 palsIssy)eTol v �' E .- e w N U Z < Z I O. to F r-i r-.i rri U • EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE The SUBRECIPIENT shall execute the following form as required by the California Labor Code,Sections 1860 and 1861. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement. STEELWORKERS OLDTIMERS FOUNDATION: Irene Muro Interim Chief Executive Officer Date ATTEST: • Signature Title City of Rancho Cucamonga Page 32 2012-2013 Program Year Community Development Block Grant Program STAFF REPORT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Date: April 18, 2012 To: Board President L. Dennis Michael and Members of the Board John R. Gillison, District CEO From: Mike Bell, Fire Chief By: Rob Ball, Fire Marshal Subject: Adoption of the Wildland Urban Interface Fire Area Map RECOMMENDATION P252 RANCHO cUCAMONGA It is recommended that the Fire Board adopt an ordinance in accordance with the California Fire Code and the California Government Code defining the Wildland-Urban Interface Fire Area and approve a map designating said area. BACKGROUND/ANALYSIS In June 2008, after amulti-year mapping project, the City of Rancho Cucamonga was notified that Cal Fire had determined that there are areas within the City and Fire District that meet the criteria for being classified as a Very High Fire Hazard Severity Zone. According to Government Code Section 51179, once an agency has been notified by Cal Fire that there are Very High Fire Hazard Severity Zones within the agency's boundaries, it is required to adopt by ordinance a Local Agency Very High Fire Hazard Severity Zone map that officially designates the hazard area. Agencies can, through the use of local findings, alter the boundaries of the hazard area either by excluding parcels recommended for inclusion in the hazard area or by including parcels that were not originally included by the computer model used to map the State's fire hazard zones. In addition to designating Very High Fire Hazard Severity Zones, the Califomia Fire Code requires both the State and local agencies, where applicable, to designate Wildland-Urban Interface Fire Areas. These are areas that are determined to be "at a significant risk from wildfires." The Wildland- Urban Interface Fire Area is also required to be designated by ordinance in order to establish the geographical limits of where the wildfire protection construction methods of Chapter 7A of the California Building Code will be applicable. In the absence of a local ordinance designating the Wildland-Urban Interface Fire Area, the wildfire protection construction methods cannot be enforced at the local level; they can only be encouraged. In consultation with counsel, it was determined that a single ordinance could be adopted by the Board using the designation of Wildland-Urban Interface Fire Area. This is intended to avoid confusion that could result from two different terms that essentially mean the same thing. As such, the map that has been prepared for the Board's consideration includes a modified area of Very High Fire Hazard Severity Zone within the City as well as all of the area north of the City that is within the Fire District's jurisdiction. P253 ADOPTION OF THE WILDIr1ND URBAN INTERFACE FIRE ARF~1 MAP PAGE 2 APR[L 18, 2012 The land to the north of the city is primarily State Responsibility Area since it still has watershed value, but the Fire District has responsibility for structure fires and prevention within that State Responsibility Area. As such, as far as this community and the Fire District are concerned, the combined hazard area that is within the City and the hazard area beyond the City but in the Fire District are a single Wildland-Urban interface Fire Area. If the ordinance designating the Wildland-Urban Interface Fire Area is approved by the Board, the City simply needs to ratify the ordinance as is typically done with other Fire District ordinances. Ratification would fulfill the City's obligation to adopt a map by ordinance. Once the ordinance of the Fire District goes into effect, staff will place on the agenda a ratification action for the City Council's consideration. This will likely be on the agenda for the second meeting in May or the first meeting in June. It is worth noting that the map before the Board for consideration for approval by way of the proposed ordinance has undergone some revisions. When the State completed the mapping process using computer modeling, Cal Fire held several regional public hearings to take input on the original maps. Based on the public comments, the State made revisions to the computer- generated maps and sent the revised versions to the cities and agencies as the recommended , maps. The jurisdictions that received maps then had the opportunity to review the recommendations and propose changes to the governing body by way of findings in an ordinance. The Fire District looked at local fire history, wildfire behavior, and consulted with the local representatives of Cal Fire and the US Forest Service, as well as the Fire Safe Council, to determine where clear liries of demarcation could be drawn. A close look at the State's map reveals that the modeling resulted in adjacent parcels being designated differently. The State offered no other explanation for this anomaly other than the parameters of the models resulted in this inconsistency. Even though the local Cal Fire and US Forest Service representatives cannot approve the recommended map, they did agree that it seemed to be a sensible Wildland-Urban Interface Fire Area given what the State had provided and given the fire history for the area. Staff, including Building Official Trang Huynh, also visited with the BIA to make the City's private sector construction partners aware of the deliberations on the fire area boundaries and to obtain their input. To help with more easily defining the boundaries of the Wildland-Urban Interface Fire Area, major streets are used as boundary markers. As with any legislative action that introduces regulations or designates a part of the local jurisdiction to be different from the whole, questions about the impact of such actions are common and appropriate. Attached to this Staff Report is a document that contains Frequently Asked Questions and answers to those questions. Through the networks of fire chiefs and fire marshals, cities that have adopted a map were asked what concerns were raised during the adoption procedures. The results of that query show what is on the minds of community residents. The public hearings held by the local Cal Fire units to take input on the maps also generated questions. The questions raised at those hearings also informed fire agencies as to the concerns that residents have regarding the map and the designated area. Staff is willing to provide answers to other questions that are not included in the Frequently Asked Questions. Not all jurisdictions that have Very High Fire Hazard Severity Zones have adopted a map. According to counsel, it is unclear what the consequence is legally of not adopting the map even though the State code requires a map to be adopted. There does seem to be agreement that in the P254 ADOPTION OF THE WB.DI,AND URBAN INTERFACE FIRL' AREA MAP APRB,18,2012 PAGE 3 absence.of an adopted map, the local Building Official cannot enforce the wildfire protection provisions of the Building Code. Experience has now shown that the wildfire protection provisions of the Building Code are effective at reducing ember intrusion into homes and other buildings. Recent research into wildfires has shown that the leading cause of structure fires for homes and buildings in wildfire prone areas is ember intrusion. Thus, without an adopted map, construction in the Wildland-Urban Interface Fire Area could be completed without the benefit of the ember-resistant construction features leaving newly constructed homes and other buildings at greater risk of destruction from a wildfire event. Your consideration of the ordinance adopting the map and formally designating aWildland-Urban Interface Fire Area is appreciated. Respectfully submitted, ~~~~ Mike Bell• Fire Chief P255 ORDINANCE NO. 853 AN ORDINANCE OF THE BOARD OF DHiECTOR5 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT DESIGNATING VERY HIGH FHiE HAZARD SEVERITY ZONES, ESTABLISHING THE WILDLAND-URBAN INTERFACE FHtE AREA, AND MAHING CERTAIN AMENDMENTS TO DEFENSHiLE SPACE REQUIREMENTS The Boazd of Directors of the Rancho Cucamonga Fire Protection District (District) hereby ordains as follows: ,~ SECTION 1. Establishment of Very High Fire Hazazd Wildland-Urban Interface Fire Area. A. In accordance with Government Code California Department of Forestry and Fire the District's jurisdiction as Very High Fire District of such Zones. and Designation of the 1178, the Director of the r) has identified azeas within mes, and has'nofified the B. The District is required by Government Cbde`Section 51179 to designate very high fire hazazd severity zones which shall'be.included within Wildland-urban interface fire area(s), as provided by Chapter 49 of the 2010 California Fire G)%.~/ C. The Districts Boazd of Dir\\ rs hereb\ignatvevs as Very High Fire Hazazd Severity Zones, all azeas identified by the Director as Very~High Fire Hazazd Severity Zones within the District's iurisdictio~with certain ezcerotions, as well as certain other areas contiguous thereto having similaz'topographical ahd,vegetarive chazacteristics, and establishes the Rancho Cucamonga Wildland UrbanL`ter_fac~:Fire Area. The Rancho Cucamonga Wildland-Urban~Interface Fire Area includes all%azeas designated by the Boazd in this Subsection,C-as Very.High Fire~Hazazd Severity Zones, and azeas within the District's jurisdictionidentified by~the,Directoi as,State Responsibility Areas with a fire hazazd severity Pursuant to Goy and determines, ~n 51179, the District's Board of Directors hereby finds records and inspections of the affected azeas, that the addifional area being~added'-to the Rancho Cucamonga Wildland-Urban Interface Fire Area that is not identified by)the Director as a Very High Fire Hazazd Severity Zone, has substantially the same {opographical and vegetative chazacteristics as those areas designated by the Director as Very High Fire Hazazd Severity Zones. The Boazd further finds that if such additional azea is not made subject to the requirements of Government Code Section 51182, then there will be a substantial risk of transmission of flame or heat sufficient to ignite neazby structures, and that there aze no other feasible mitigation measures possible to reduce the risk of such ignition or spread of wildfire. Pursuant to Government Code Section 51179, the District's Board of Directors hereby finds and determines, based upon District records and inspections of the affected areas, that the azea not beine included in the Rancho Cucamonga Wildland-Urban Interface Fire Area that is identified by the Director as a Very High Fire Hazazd Severity Zone, does not have the same P256 hazard or risk chazacteristics as those azeas desi agn ted by the Director as Very Hi Fire Hazazd Severity Zones. The Boazd finds that the azea east of Day Creek Blvd. and south of 210 Freewayprovides a significant fire break and that areas south of the freeway identified by the Director's computer modeling as Very High Fire Hazard Severity Zones aze not at substantial risk of ignition or spread of wildfire. SECTION 2. Map Adoption. The District's Board of Directors hereby adopts as the official map,of-the Rancho Cucamonga Wildland-Urban Interface Fire Area, the Rancho Cucamonga Wildland-Urban Interface Fire Area Map dated , 2012, and on file in the office of the Secretary of the Rancho Cucamonga Fire Protection District, ~~ SECTION 3. Fire Protection and Prevention Notwithstanding the provisions of Government`Code Section~51.182(a)(1), and as pennitted by Govenunent Code Section 51182(a)(2), the District•shalhlie uthorized to increase the required 100 foot defensible space whenever deemed necessary by the Chief or his/her designee to provide compazable fuel reduction, modification; and/or management defense to wildfire, ~ ~ ~ \ when fire behavior models applicable to azeas within District's jurisdiction establish such need. \\/ The District's Boazd of Directo s•hereby fords and determines that such additional defensible space is necessary to significantly reduce the nsk of transmission of flame or heat sufficient to ignite neazby structures; and that there aze no otlier,feasible mitigation measures possible to reduce the risk of such ig~nit~on or1ead of~ldfijre The Boazd further finds that such additional defensible space i's,made necessary) a result of unusually high wind speeds in the District's jurisdiction. Such winds create fires with horizontal flame chazacteristics that differ from the~forest and terrain-based fires'used in fire behavior models upon which the defensible space requirements in Govenunent Code Section 51182(a)(1) aze based. In accordance with,Section 4905 of the 2010 California Fire Code, the District's Board of Directors hereby declazes that,construction methods intended to mitigate wildfire exposure are necessary for effective fire protection in the Rancho Cucamonga Wildland-Urban Interface Fire Area and hereby requires that all construction within said Area shall comply with the provisions, methods, and materials contained in Chapter 7A of the 2010 California Building Code. SECTION 4. Successor Provisions. It is the intent of the District's Board of Directors that in the event any of the California statutes or Fire Code sections referenced in this Ordinance aze renumbered or recodified, any successor statutes and/or Fire Code sections containing substantially the same requirements as the predecessor statutes and sections, shall fully apply as though set forth herein, and the same shall be read to the extent necessary to give full meaning and effect to this Ordinance, to the maximum extent permitted by law. P257 SECTION 5. Certification. The Secretary of the Rancho Cucamonga Fire Protection District shall certify to the adoption of this Ordinance. Furthermore, in accordance with Government Code Section 51179(g), the Secretary shall post a notice at the office of the county recorder, county assessor and county planning agency, identifying the location of the map provided by the Director pursuant to Government Code Section 51178, as amended by the District. P258 PASSED; APPROVED, AND ADOPTED . AYES: NOES: ABSENT: ABSTAINED: Secretary ~f '~~ ~t a nia. R A N C Pr O C U C A M O N G A r-- i~ ~ '~ /- (~ ~, -~ ~~ 1 FIRE PROTECTION DISTRICT PREVENTION BUREAU Adopting aWildland-Urban Interface Fire Area Map Frequently Asked Questions Q: Will my homeowner's insurance go up if my home is in the Wildland-Urban Intertace Fire Area defined by the map? A: The Fire District consulted with several national insurance companies and was told by all of them that simply adopting the map will not affect insurance rates. Insurance companies use information from risk and hazard assessment services in addition to their own proprietary risk modeling to determine how much risk is associated with insuring a particulaz home. Wildfire risk is just one of the "data points" in the total risk assessment. Since the State's Fire Hazard Severity Zone map has been available publicly since 2008, the information has already been factored into risk and hazazd assessments. Insurance companies consider several factors besides the State's map to assess wildfn•e risk. Some azeas such as flood control channels that are not included in the State's Fire Hazazd Severity Zone map aze considered by some insurance companies to be wildfire risk azeas due to the vegetation that grows in the channel Q: Will I have to take out my landscaping and re-plant with fire-safe landscaping? A: No. Existing homes and neighborhoods will not be required to comply with the fue-resistant landscaping requirements of the current California Codes. However, being in the designated Wildland-Urban Interface Fire Area means that you should expect to receive information about how to make your landscaping more fire-safe than it might already be. Homes in the Wildland-Urban Interface Fire Area may also be eligible to participate in community clean up days facilitated by the City and the Fire District. Such events aze designed to assist homeowners in the Wildland-Urban Interface Fire Area with the cleanup and haul away of dead or dying landscaping in an effort to make the azea azound homes less prone to catching fue from the blowing embers produced by a wildfire. Q: Will new homes be required to have fire-safe landscaping that is essentially a moonscape of sand and rocks? A: New homes will be required to landscape in accordance with fire-safe landscaping requirements and guidelines. However, far from a moonscape, fire-safe landscaping allows for the use of turf arid other live ground covers, shrubs, and trees. The two main differences between fire-safe landscaping and traditional landscaping is that fire-safe landscaping uses plants that have fire-resistant characteristics and fire-safe landscaping requires shrubs and trees to spaced further apart so as to reduce the opportunities for fire to spread from one plant or tree to another. The Fire District will be installing fire-safe landscaping at the new Hellman Fire Station so the community can see an example of the type of landscaping that new homes in the Wildland-Urban Interface Fire Area will have. Q: If I add a room, deck, or patio cover onto my home, will it have to be constructed using the wildfire prevention construction methods and materials found in the California Building Code? A: Additions to existing homes and buildings will not be required to utilize the wIldfire construction methods and materials. Exterior construction features such as decks and patio covers will be required to use the safer construction methods and materials in order to better protect the existing home. ' OVER P259 10500 Civic Center Drive • Rancho Cucamonga, CA 91730 • 909-477-2770 P260 Q: H my home is included in the Wildland-Urban Intertace Fire Area now, will it always be in the high fire hazard area or are there conditions under which it could someday no longer be in the high fire hazard area? A: Cal Fire, the State's fire protection agency, is required to review and update its fire hazard maps every five years. As the inputs to the computer model change (such as recent fire history, new development that reduces or eliminates flammable vegetation, etc), the area that is determined to be hazardous could change. Once the State updates its maps and sends that information to the cities, the cities and local fire agencies will have an opportunity to review their maps and determine what changes need to be made. For example, if new development pushes the hazardous vegetation further away from existing homes, some homes that are in the hazard area now may not be in the hazard area is the futwe. Q: What happens if the City of Rancho Cucamonga does not adopt the Wildland-Urban Intertace Fire Area map? A: The main drawback of not adopting the map is that the Building Department will no[ be able [o require the safer fire protection constmction for new homes and buildings [ha[ are constmcted in the fire hazard azea. Without the new and proven construction methods and materials, there is a greater chance that a home will catch fire. Research conducted during and after recent wildfires has found that once one house catches fire there is a substantially greater chance that additional houses will catch fire. This is because a house on fire produces more embers for a longer period of time than [he passing front of a wildfire. It is the blowing embers that star[ fires in homes and buildings, so whenever and however possible it is important to try to keep even one house from catching fire. Q: What are the enhanced construction methods and materials required by the Cal'dornia Building Code that are. intended to reduce the opportunities for embers to enter into or otherwise cause a fire in a house or building constructed in the Wildland-Urban Interface Fire Area? A: • Exterior windows and doors must be constructed of multi-panes of glass with at least one pane of tempered safety glass to reduce the chances of breaking when struck by large embers or blowing rocks, or exterior windows and doors must have afire-resistance rating of not less than 20 minutes. • Exterior wall construction and materials must be a 1-hour fire-resistance assembly or utilize non-combustible materials, ignition-resistant materials, heavy timber (large dimensional lumber) construction, or log wall construction. • Decks and patio covers must utilize noncombustible materials or wood that has been treated with an approved flame-resistant product. Lumber less than 2 inches in nominal size is generally not allowed. • All roof venting must be constmcted ofnon-combustible material and screened with 1/16-inch metal wire mesh. • Roofing material shall be Class Afire-safety rated. • Roof eaves must have enclosed soffits with non-combustible or l-hour rated construction material. For open roof eaves, the underside must have 2-inch minimum dimension lumber for decking and rafter tails with 2- inch minimum dimension lumber solid blocking between the roof eaves and the exterior wall assembly. Q: Did the Fire District solicit the input of others when considering where to draw the lines that form the boundaries of the proposed Wildland-Urban Interface Fire AreaY A: Yes. The Fire District consulted with the Rancho Cucamonga Fire Safe Council, a local community interest organization of Rancho Cucamonga residents who advocate for wildfire safety through informational and educational efforts. The Fire District also consulted with fire prevention and protection officials with Cal Fire and the US Forest Service who work in local offices and who are awaze of the local fire history and potential. 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