Potentially Adverse Parties:
Potential Buyers, including:
-Golden State Water Company
- California-American Water Company & its parent
company American Water Works Company, Inc.
- Liberty Utilities & its parent company Algonquin
Power & Utilities Corp.
Please let me know if any of these names are incorrect or if there are other parties with an interest in this matter that we should list such as, for example, other known potential buyers of the City's water system. Unless we hear from you to the contrary, we will assume that this listing is accurate and complete.
We have reviewed our files and our conflicts index and have no other client relationships which would interfere with our ability to represent you in this matter.
We agree to a not -to -exceed amount for the first phase of this engagement of $10,000. We are available for continued work on the matter if and when approved by the City. As we have discussed, the nature of the matter makes it impossible for us to precisely estimate the fees you may incur. You will receive monthly statements informing you of the fees and costs incurred during the prior month. We will, of course, do our best to represent you efficiently and without undue expense.
Please make payments payable to Colantuono, Highsmith & Whatley, PC to our Grass Valley office at:
Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, CA 95945-5091
Our federal employer identification number is 75-3031545.
I will have primary responsibility for your representation, and the firm will use other attorneys and legal assistants in the best exercise of our professional judgment. If you have questions, concerns or criticisms at any time, please contact me at once. 423413.1
ATTORNEY -CLIENT PRIVILEGED AND CONFIDENTIAL
Michael O'Kelly
Stephanie Vasquez
November 10, 2025
Naturally, we expect you to keep us reasonably informed of significant developments regarding this representation.
We review all statements before they are issued to ensure the amount charged is appropriate. The statement for fees is simply the product of the hours worked multiplied by the hourly rates for the attorneys and legal assistants who did the work.
Our hourly rates are based upon the experience, reputation and ability of the lawyer or legal assistant performing the services, and for 2025 range between $265 and $625 per hour for attorneys' time, and between $160 and $210 for the time of paralegals and legal assistants. As a courtesy to you, however, we agree to cap our standard rates at $450 per hour. Our rate structure in general and the rates of particular lawyers may be increased from time to time, and are usually adjusted as of the beginning of each calendar year.
It may be necessary to bill you for items such as, but not limited to, authorized travel, long distance telephone calls, filing fees, photocopying, computerized legal research outside the scope of our Westlaw contract and the like. These amounts will be billed in addition to our fees.
We will send you monthly statements, and expect payment within 15 days of the billing date. If payment is not received within 30 days of the billing date, we reserve the right to charge interest on the unpaid balance at the rate of 1% per month and to terminate our representation.
We rarely have disputes with clients over our fees. Nevertheless, you should be aware that you are entitled to require that any fee dispute be resolved by binding arbitration pursuant to the arbitration rules for legal fee disputes of the County Bar Association in any county in which we maintain an office. We agree that all disputes between us regarding the services rendered or fees charged not resolved via County Bar fee arbitration will be submitted to binding arbitration in Los Angeles County to be conducted by ADR Services, Inc. in accordance with its commercial arbitration rules.
YOU SHOULD REVIEW THIS PARAGRAPH CAREFULLY AND, IF YOU WISH,
SEEK INDEPENDENT LEGAL COUNSEL REGARDING IT, AS YOU AND WE ARE
AGREEING TO FOREGO SIGNIFICANT RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US, INCLUDING THE RIGHT TO A JURY TRIAL.
423413.1
ATTORNEY -CLIENT PRIVILEGED AND CONFIDENTIAL
Michael O'Kelly
Stephanie Vasquez
November 10, 2025
On occasion, we may receive small sums of money belonging to you, such as a credit for an overpayment by a vendor, a refund from a court, or the like. The California State Bar requires us to alert you to sums we receive on your behalf within 14 days of receipt and to forward those funds to you within 45 days of receipt unless we have your direction otherwise. Processing payments for small amounts may be burdensome to your accounting staff and to ours. Therefore, by signing this letter agreement for legal services, you agree that, should we receive any amount to your credit of $500 or less and we do not have other instructions from you with respect to that money, we may place these funds in our client trust account and apply them to future invoices to you for our services.
You can alter this agreement at any time as to some or all funds we hold by letting us know, in writing, how we should handle your money. We will inform you of our receipt of funds promptly upon each receipt and will remind you of your right to alter these standing instructions as to any payment.
You have the right to terminate our representation at any time. We have the same right, but are obliged to give you reasonable notice to arrange alternative representation.
In either circumstance, you agree to secure new counsel to represent you as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any litigation in which we may subsequently agree to represent you. Notwithstanding the termination of our representation, you will remain obligated to pay to us all fees and costs incurred previously.
You agree that we may, in our discretion, maintain all or part of your client file in electronic format using secure cloud storage services. If so, the firm will apply all reasonable methods to maintain the confidentiality of your files, just as it does for your non -digital information. Your data will be password protected and encrypted using currently available technology. Clients requiring information from their files may obtain that information only by written request to us.
You should know that we may use artificial intelligence tools in our representation of City of Bell Gardens. If we do so, we will ensure that your confidential information is maintained in confidence and that any writing or analysis produced by generative artificial intelligence is edited or confirmed by an attorney before use. If you have any questions or concerns about our use of artificial intelligence tools, please let us know. 423413.1
ATTORNEY -CLIENT PRIVILEGED AND CONFIDENTIAL
Michael O'Kelly
Stephanie Vasquez
November 10, 2025
You also agree that following termination of our attorney -client relationship, we will not be required to maintain your client file for more than two years. If you ask us to deliver your file to you, you agree that delivery of an electronic version, together with any materials that cannot be saved electronically, satisfies our obligation to release all your client papers and property to you. You agree that we may destroy your client file, including all electronic records, two years after termination of our relationship, and after reasonable notice to you. We may mail a copy of your file to you at your address last known to us before two years expire. You agree that "reasonable notice" means our mailing a notice of our intent to destroy your client file to you at that address.
I apologize for the formality of this letter, but we are required by California law to provide you this information in writing. We must also inform you that we currently maintain professional liability insurance coverage.
Please review the foregoing and, if it meets with your approval, execute it and return it to me. If you have any questions, please feel free to call me at the direct -dial number above. Thank you for the opportunity to represent you! Sincerely,
Matthew T. Summers
MTS:MTS
On behalf of City of Bell Gardens, I agree to retain Colantuono, Highsmith & Whatley, PC to provide legal services as set forth above.
Date://270 V.,..4/11,N7272 , 202
423413.1
ATTORNEY -CLIENT PRIVILEGED AND CONFIDENTIAL
Michael O'Kelly
Stephanie Vasquez
November 10, 2025
423413.1
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Manuel Acosta, Acting City Manager
BY:Elizabeth Nava, Director of Recreation and Community Services SUBJECT:Consideration of a Resolution Approving a Grant Agreement Between the City of Bell Gardens and the U.S. Department of Housing and Urban Development for the Veterans Park Refurbishment Project DATE:July 27, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council adopt the attached Resolution authorizing the Acting City Manager to execute a Grant Agreement between the City of Bell Gardens and the U.S. Department of Housing and Urban Development for the Veterans Park Refurbishment Project.
BACKGROUND/DISCUSSION:
In early 2024, the City of Bell Gardens (“City”) Recreation and Community Services staff submitted an application for the U.S. Department of Housing and Urban Development (HUD), Economic Development Initiative – Community Project Funding Grant (CPF Grant) through Congressman Robert Garcia’s Office for the Veterans Park Refurbishment Project (“Project”). Specifically, staff submitted the application for CPF Grant funds to be used for the refurbishment of the restrooms near the baseball field, as part of the larger Project. On August 28, 2024, the City was notified that it was the recipient of a $700,000 CPF Grant award.
In order to accept these funds, the City must enter into a Grant Agreement with HUD and adhere to the regulations of the grant funds that are set forth in the Grant Agreement.
These funds are reimbursable, which means that the City will pay for project costs and then be reimbursed for expenses made towards the Project.
CONCLUSION:
It is staff’s recommendation that the City Council adopt the attached Resolution, authorizing the Acting City Manager to execute a Grant Agreement with HUD for the restroom refurbishment phase, as part of the larger Project.
FISCAL IMPACT:
The general fund as well as State Proposition 68 grant funds will be used to pay for the baseball restroom phase of the Veterans Park Refurbishment Project work, which will then be reimbursed through the $700,000 CPF Grant.
APPROVED ELECTRONICALLY BY:
Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2026-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A GRANT AGREEMENT WITH
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR THE VETERANS PARK REFURBISHMENT PROJECT
WHEREAS, the City of Bell Gardens (“City”), in 2024, submitted an application through the Office of Congressman Robert Garcia for a U.S. Department of Housing and Urban Development (“HUD”) Economic Development Initiative Community Project Funding grant (“CPF Grant”) for the City’s Veterans Park Refurbishment Project (the “Project”); and
WHEREAS, the City’s CPF grant application sought funding for the refurbishment of the restrooms at Veterans Park as part of the larger Project; and
WHEREAS, on August 28, 2024, the City was notified that it was awarded a $700,000 CPF Grant to support the Project’s restrooms refurbishment phase; and
WHEREAS, the City must execute a Grant Agreement with HUD in order to receive CPF grant funds in the amount of $700,000, which will be provided in the form of a reimbursement to the City for Project costs; and
WHEREAS, the City desires to enter into a Grant Agreement with HUD for the restrooms refurbishment phase of the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELL GARDENS AS FOLLOWS:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the City Council hereby approves a Grant Agreement with the U.S. Department of Housing and Urban Development, which is attached to the staff report as Exhibit 2.
SECTION 3. The City Council further authorizes the Acting City Manager to execute a Grant Agreement with the U.S. Department of Housing and Urban Development, consistent with this Resolution, along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
Resolution No. 2026-81
2 of 3
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 27th day of July, 2026.
THE CITY OF BELL GARDENS
_____________________________
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Resolution No. 2026-81
3 of 3
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2026-81 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on July 27, 2026, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
FY 2024 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-24-CP-XX-####
Grantee Name:
Grantee Address:
Grantee's Unique Entity Identifier (UEI):
Grantee’s Employer Identification Number (EIN):
Federal Award Identification Number (FAIN): B-24-CP-XX-#### Assistance Listing Number and Name: 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants
Period of Performance/Budget Period Start Date: [Enter date the agreement is executed by HUD]
Period of Performance/Budget Period End Date: August 31, 2032
This Grant Agreement between the U.S. Department of Housing and Urban Development (HUD) and [GRANTEE NAME] (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2024 (Public Law 118-42) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on March 5, 2024 (Explanatory Statement) as deemed to be amended by the Further Consolidated Appropriations Act, 2024 (Public Laws 118-47).
In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows:
ARTICLE I. Definitions
The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise.
Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date.
Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date.
ARTICLE II. Total Grant Amount
Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $[GRANT AWARD AMOUNT] available to the Grantee.
FY 2024 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-24-CP-XX-####
2 ARTICLE III. Award-Specific Requirements
A. Federal Award Description. The Grantee must use the Federal funds provided under this Grant Agreement (Grant Funds) to carry out the Grantee’s “Project.” Unless changed in accordance with Article III, section C of this Grant Agreement, the Grantee’s Project shall be as described in the Project Narrative that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this Grant Agreement.
B. Approved Budget. The Grantee must use the Grant Funds as provided by the Approved Budget. Unless changed in accordance with Article III, section C of this Grant Agreement, the Approved Budget shall be the line-item budget that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved line-item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant Agreement.
C. Project and Budget Changes. All changes to the Grantee’s Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD’s approval for a change in the approved Project Narrative and/or Budget, the Grantee must submit a formal letter to HUD’s Office of Economic Development - Congressional Grants Division (CGD) Director through the assigned Grant Officer in accordance with HUD’s instructions for amending the Project Narrative and/or Project Budget found in the document titled “FY2024 Economic Development Initiative - Community Project Funding Grant Guide ” that accompanies the Grant Agreement. The Grantee is prohibited from making project or budget changes that would conflict with the Applicable Appropriations Act Conditions described in Article III, section D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD’s website. The CGD will notify the Grantee of whether HUD approves or disapproves of the change. Before the Grantee expends Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308, the Grantee must update its grant information in HUD’s Disaster Recovery Grant Reporting (DRGR) to reflect that change.
D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant Funds under the Consolidated Appropriations Act, 2024, and the Explanatory Statement, as modified by the Further Consolidated Appropriations Act, 2024 or a later act, are incorporated by this reference and made part of this Grant Agreement. The Grant Funds are not subject to the Community Development Block Grants regulations at 24 CFR part 570 or Title I of the Housing and Community Development Act of 1974.
E. In accordance with 2 CFR 200.307, costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. As authorized under 2 CFR 200.307, program income may be treated as an addition to the Federal award, provided that the Grantee uses that income for allowable costs under this Grant Agreement. Any program income that cannot be expended on allowable costs under this Grant Agreement must be reported and paid to HUD within 120 days after the period of performance, unless otherwise specified by an applicable Federal statute.
FY 2024 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-24-CP-XX-####
3 F. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee’s indirect cost rate information is as provided in Appendix 3 to this Grant Agreement. Unless the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD upon any change in the Grantee’s indirect cost rate during the Period of Performance, so that HUD can amend the Grant Agreement to reflect the change if necessary. Consistent with 2 CFR Part 200, Appendix III (C.7), if the Grantee is an Institution of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD, the Grantee may use only that rate for its indirect costs during the Period of Performance.
G. The Grantee must comply with any specific conditions that HUD may apply to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement.
H. The Grantee is responsible for managing the Project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project, the grant closeout, and compliance with all applicable federal requirements. All subawards made with funding under this Grant Agreement are subject to the subaward requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement.
The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. A subaward may be made to a for-profit entity only if HUD expressly approves that subaward and the for-profit entity is made subject to the same Federal requirements that apply to all other subrecipients, including all requirements 2 CFR part 200 provides with respect to a subaward, except the audit requirements in 2 CFR part 200, subpart F.
ARTICLE IV. General Federal Requirements
A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the responsibilities for environmental review and decision-making and action, as specified and required in regulations issued by the Secretary pursuant to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58.
B. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe or Alaskan Native Village, within which the Project is located and which exercises land use responsibility, to act as Responsible Entity and assume all of the responsibilities for environmental review and decision-making and action as specified in paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee under 24 CFR Part 58.
C. After March 9, 2024, neither the Grantee nor any of its contractors, subrecipients, and other funding and development partners may undertake, or commit or expend Grant Funds or
FY 2024 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-24-CP-XX-####
4 local funds for, project activities (other than for planning, management, development and administration activities), unless a contract requiring those activities was already executed on or before March 9, 2024, until one of the following occurs:
(i) the Responsible Entity has completed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds;
(ii) the Responsible Entity has determined and documented in its environmental review record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b); or
(iii) HUD has performed an environmental review under 24 CFR part 50 and has notified Grantee in writing of environmental approval of the activities.
D. Following completion of the environmental review process, the Grantee shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and mitigation measures adopted through the environmental review process are carried out during project development and implementation.
E. The Grantee must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements.
The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of the Grantee’s Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD-27061).
F. The Grantee must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If 2 CFR part 200 is amended to replace or renumber sections of part 200 that are cited specifically in this Grant Agreement, the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendments become effective.
G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 (“System for Award Management and Universal Identifier Requirements”) and the Award Term in Appendix A to 2 CFR Part 170 (“Reporting Subawards and Executive Compensation”), which by this reference are incorporated into and made part of this Grant Agreement.
H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee Integrity and Performance Matters in Appendix 4 to this Grant Agreement.
FY 2024 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-24-CP-XX-####
5 I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal contracts, grants, or loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. The Grantee must sign the corresponding certification in Appendix 8 to this Grant Agreement and return it to HUD with this Grant Agreement. The Grantee must include in its award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using the Disclosure of Lobbying Activities (SF-LLL) form. In addition, the Grantee must obtain the executed certification required by Appendix A and an SF-LLL from all covered persons. “Person” is as defined by 24 CFR Part
87. Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage of the Byrd Amendment. State-recognized Indian tribes and TDHEs established only under state law must comply with this requirement.
J. The Grantee must comply with drug-free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988, Pub. L. 100-690, Title V, Subtitle D (41 U.S.C. 701-707).
K. Unless the Grantee is a Federally recognized Tribe, the Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that receives Federal financial assistance for a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance.
L. If Grant Funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre-1978 housing, you must comply with the lead-based paint evaluation and hazard reduction requirements of HUD's lead-based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead-based paint rules (e.g., Repair, Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40 CFR part 745)).
M. The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u, and HUD’s regulations at 24 CFR part 75, as applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3.
FY 2024 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-24-CP-XX-####
6 Grantees that are not exempt from Section 3 must submit annual reports of Section 3 accomplishment Performance Measures in DRGR in January of the calendar year. This report reflects Section 3 accomplishments for the previous calendar year.
N. The Grantee must not use any Grant Funds to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including energy-related, communication-related, water-related, and waste water-related infrastructure), other structures designated for use by the general public or with other common-carrier or public- utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107-118). Public use does not include economic development that primarily benefits private entities.
O. The Grantee must not use any Grant Funds to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography. This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
P. The Grantee must administer its Grant Funds in accordance with the Conflict-of- Interest requirements set forth in Appendix 6 of this Grant Agreement.
Q. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as incorporated and supplemented by HUD’s regulations at 2 CFR part 2424.
R. The Grantee must comply with the award term regarding trafficking in persons in Appendix 7 of this Grant Agreement.
S. The assurances and certifications the Grantee has made and submitted to HUD are incorporated by this reference and made part of this Grant Agreement.
T. Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD’s Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number (1-800- 347-3735) and its online hotline form. The Grantee must comply with 41 U.S.C. § 4712, which includes informing employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, an employee of the Grantee or a subrecipient—as well as a personal services contractor—who makes a protected disclosure about a Federal grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence of:
1. Gross mismanagement of a Federal contract or grant;
FY 2024 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-24-CP-XX-####
7 2. Waste of Federal funds;
3. Abuse of authority relating to a Federal contract or grant;
4. Substantial and specific danger to public health and safety; or
5. Violations of law, rule, or regulation related to a Federal contract or grant.
U. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.
ARTICLE V. Drawdown Requirements
A. The Grantee may not draw down Grant Funds until HUD has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable.
B. The Grantee must use DRGR to draw down Grant Funds and report to HUD on activities.
C. The Grantee must enter activity and budget information in DRGR that is consistent with the Grantee’s Approved Project Narrative and Approved Budget as described in Article III, sections A and B of this Grant Agreement and complies with HUD’s instructions for entering information in DRGR found in the document titled “Grant Award Instructions” that accompanies the Grant Agreement.
D. The Grantee must only enter activities in DRGR that are described in the Approved Budget.
E. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR.
F. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement.
G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article VI of this Grant Agreement. The Grantee must expend program income before drawing down Grant Funds through DRGR.
H. Notwithstanding any other provision of this grant agreement, HUD will not be responsible for payment of any Grant Funds after the date Treasury closes the account in accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week
FY 2024 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-24-CP-XX-####
8 before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised to make its final request for payment under the grant no later than September 15, 2032.
ARTICLE VI. Program-Specific Reporting Requirements
In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program-specific reporting requirements apply to the Grantee:
A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the reporting period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6-month reporting period. The first of these reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD.
B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplishments to the objectives of the Project as described in Article III, section A of this Grant Agreement, the reasons why established goals were not met, if appropriate, and additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.
C. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants.gov website ( https://grants.gov/forms/forms-repository/post-award-reporting-forms) .
D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report in DRGR and identify the corrections the Grantee must make.
E. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report.
F. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website ( https://grants.gov/forms/forms-repository/post-award- reporting-forms). This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311, 200.31, and 200.314.
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9 ARTICLE VII. Project Closeout
A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement.
B. The Grantee must submit to HUD a written request to close out the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A of this Grant Agreement. HUD will then send the Closeout Agreement and Closeout Certification to the Grantee.
C. At HUD's option, the Grantee may delay initiation of project closeout until the resolution of any findings as a result of the review of semi-annual activity reports in DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings.
D. The Grantee recognizes that the closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on-site inspection of property acquired or improved with grant funds.
E. No later than 120 calendar days after the Period of Performance, Grantees shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Closeout Agreement.
3. A final financial report giving:
i) the amount and types of project costs charged to the grant (that meet the allowability and allocability requirements of 2 CFR part 200, subpart E);
ii) a certification of the costs; and
iii) the amounts and sources of other project funds.
4. A final performance report providing a comparison of actual accomplishments with the objectives of the Project, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns.
5. A final property report, if specifically requested by HUD at the time of closeout.
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10 ARTICLE VIII. Default
A default under this Grant Agreement shall consist of any use of Grant Funds for a purpose other than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee’s submissions to HUD in anticipation of this award. If the Grantee fails to comply with the terms and conditions of the Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2 CFR part 200, as may be amended from time to time. If HUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time.
HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agreement shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third party.
ARTICLE IX. HUD Contact Information
Except where this Grant Agreement specifically states otherwise, all requests, submissions, and reports the Grantee is required to make to HUD under this Grant Agreement must be made in accordance with HUD’s grant instructions found in the document titled “FY2024 Economic Development Initiative - Community Project Funding Grant Guide” that accompanies the Grant Agreement.
This agreement is hereby executed on behalf of the Grantee and HUD as follows:
GRANTEE
______________________________________________________
(Name of Organization)
BY: _________________________________________________
(Signature of Authorized Official)
_________________________________________________
(Typed Name and Title of Authorized Official)
_________________________________________________
(Date)
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11 HUD
BY: _________________________________________________ Nadab Bynum,
Acting Deputy Assistant Secretary for Economic Development
_________________________________________________
(Date)
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12 APPENDIX 1 – Project Narrative
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13 APPENDIX 2 – Approved Budget
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14 APPENDIX 3 – Grantee’s Indirect Cost Rate Information
As the duly authorized representative of the Grantee, I certify that the Grantee:
☐ Will not use an indirect cost rate to calculate and charge indirect costs under the grant. ☐ Will calculate and charge indirect costs under the grant by applying a de minimis rate as provided by 2 CFR 200.414(f), as may be amended from time to time.
☐ Will calculate and charge indirect costs under the grant using the indirect cost rate(s) listed below, and each rate listed is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 CFR part 200 and, if required, was approved by the cognizant agency for indirect costs.
Agency/department/major function Indirect cost rate Type of Direct Cost Base %
%
%
Instructions for the Grantee’s Authorized Representative:
You must mark the one (and only one) checkbox above that best reflects how the Grantee’s indirect costs will be calculated and charged under the grant. Do not include indirect cost rate information for subrecipients.
The table following the third box must be completed only if that box is checked. When listing a rate in the table, enter both the percentage amount (e.g., 10%) and the type of direct cost base to be used. For example, if the direct cost base used for calculating indirect costs is Modified Total Direct Costs, then enter “MTDC” in the “Type of Direct Cost Base” column.
If using the Simplified Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied.
If the Grantee is a government and more than one agency or department will carry out activities under the grant, enter each agency or department that will carry out activities under the grant, the indirect cost rate(s) for that agency or department, and the type of direct cost base to which each rate will be applied.
To learn more about the indirect cost requirements, see 2 CFR part 200, subpart E; Appendix III to Part 200 (for Institutions of Higher Education); Appendix IV to Part 200 (for nonprofit organizations); Appendix VII to Part 200 (for state and local governments and Indian Tribes); and Appendix IX to Part 200 (for hospitals).
Name of Authorized Official:
Position/Title:
Signature:
X
Date (mm/dd/yyyy):
/ /
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15 APPENDIX 4 –
Award Term and Condition for Grantee Integrity and Performance Matters
Reporting of Matters Related to Grantee Integrity and Performance
(a) General Reporting Requirement.
(1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the grantee must ensure the information available in the responsibility/qualification records through the System for Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available.
(b) Proceedings About Which You Must Report.
(1) You must submit the required information about each proceeding that—
(i) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
(ii) Reached its final disposition during the most recent five-year period; and
(iii) Is one of the following—
(A) A criminal proceeding that resulted in a conviction;
(B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
(C) An administrative proceeding that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
(D) Any other criminal, civil, or administrative proceeding if—
(1) It could have led to an outcome described in paragraph (b)(1)(iii)(A) through (C);
(2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
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16 (3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations.
(c) Reporting Procedures.
Enter the required information in SAM.gov for each proceeding described in paragraph (b) of this award term. You do not need to submit the information a second time under grants and cooperative agreements that you received if you already provided the information in SAM.gov because you were required to do so under Federal procurement contracts that you were awarded.
(d) Reporting Frequency.
During any period of time when you are subject to the requirement in paragraph (a) of this award term, you must report proceedings information in SAM.gov for the most recent five-year period, either to report new information about a proceeding that you have not reported previously or affirm that there is no new information to report. If you have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative proceedings.
(e) Definitions.
For purposes of this award term—
Administrative proceeding means a non-judicial process that is adjudicatory in nature to make a determination of fault or liability (for example, Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
Total value of currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding).
APPENDIX 5 – Specific Award Conditions
NONE.
APPENDIX 6 – Conflict of Interest Requirements
1. Conflicts Subject to Procurement Regulations. When procuring property or services, the grantee and its subrecipients shall comply with the applicable conflict-of-interest rules in 2 CFR 200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR
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17 200.318(c), the Grantee and its subrecipients must follow the requirements contained in paragraphs 2-5 below.
2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee or subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage, or adoption) the spouse, parent (including a stepparent), child (including a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in-laws of a covered person.
3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the Grantee’s written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the Grantee’s Project, considering the cumulative effects of the factors in paragraph (v).
4. Threshold requirements for exceptions. HUD will consider an exception only after the Grantee has provided the following documentation:
a. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how that disclosure was made; and
b. An opinion of the Grantee's attorney that the interest for which the exception is sought would not violate state or local law.
5. Factors to be considered for exceptions. In determining whether to grant a requested exception after the Grantee has satisfactorily met the threshold requirements in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable:
a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available;
b. Whether an opportunity was provided for open competitive bidding or negotiation;
c. Whether the person affected is a member of a group or class of low- or moderate- income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class;
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18 d. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process regarding the assisted activity in question;
e. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (ii);
f. Whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and
g. Any other relevant considerations.
6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any potential conflict of interest.
APPENDIX 7 – Award Term Regarding Trafficking in Persons
The following award term and condition, which is required by 2 CFR part 175, applies as written:
(a) Provisions applicable to a grantee that is a private entity.
(1) Under this award, the grantee, its employees, subrecipients under this award, and subrecipient's employees must not engage in:
(i) Severe forms of trafficking in persons;
(ii) The procurement of a commercial sex act during the period of time that this award or any subaward is in effect;
(iii) The use of forced labor in the performance of this award or any subaward; or
(iv) Acts that directly support or advance trafficking in persons, including the following acts:
(A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents;
(B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
(1) Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agreement; or
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19 (2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action;
(C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment;
(D) Charging recruited employees a placement or recruitment fee; or
(E) Providing or arranging housing that fails to meet the host country's housing and safety standards.
(2) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or
(ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this this appendix through conduct that is either:
(A) Associated with the performance under this award; or
(B) Imputed to the grantee or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR part 2424.
(b) Provision applicable to a grantee other than a private entity.
(1) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or
(ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this appendix through conduct that is either:
(A) Associated with the performance under this award; or
(B) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR part 2424.
(c) Provisions applicable to any grantee.
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20 (1) The grantee must inform the Federal agency and the Inspector General of the Federal agency immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this appendix.
(2) The Federal agency's right to unilaterally terminate this award as described in paragraphs (a)(2) or (b)(1) of this appendix:
(i) Implements the requirements of 22 U.S.C. 78, and
(ii) Is in addition to all other remedies for noncompliance that are available to the Federal agency under this award.
(3) The grantee must include the requirements of paragraph (a)(1) of this award term in any subaward it makes to a private entity.
(4) If applicable, the grantee must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b).
(d) Definitions. For purposes of this award term:
“Employee” means either:
(1) An individual employed by the grantee or a subrecipient who is engaged in the performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or program under this award and not compensated by the grantee including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements.
“Private Entity” means any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1.
The terms “severe forms of trafficking in persons,” “commercial sex act,” “sex trafficking,” “Abuse or threatened abuse of law or legal process,” “coercion,” “debt bondage,” and “involuntary servitude” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
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21 APPENDIX 8 – Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or 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.
_________________________________________________
(Signature of Authorized Official)
_________________________________________________
(Typed Name and Title of Authorized Official)
_________________________________________________
(Date)
NOTE: This certification is not required for Federally recognized Indian tribes and Tribally Designated Housing Entities (TDHEs) established by a federally recognized Indian tribe through the tribe’s sovereign power. However, this exemption does not apply to State-recognized Indian tribes and TDHEs established under State law.
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22 Name of Authorized Official:
Position/Title:
Signature:
X
Date (mm/dd/yyyy):
/ /
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Manuel Acosta, Acting City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services
SUBJECT: Consideration of a Resolution Approving a Grant Agreement Between the City of Bell Gardens and the LA84 Foundation for the Learn to Swim Program
DATE: July 27, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council adopt the attached Resolution approving a Grant Agreement with the LA84 Foundation.
BACKGROUND/DISCUSSION:
Staff was notified that the City of Bell Gardens (“City”) was awarded $20,000 in grant funds from the LA84 Foundation to go towards scholarships for the City’s Learn to Swim Program.
These funds allow the City the opportunity to provide approximately 600 free swim lessons to school-aged children currently enrolled in the City’s elementary, intermediate or high schools. To accept the grant funds, the City and the LA84 Foundation must enter into a Grant Agreement.
In 2023, the LA84 Foundation awarded the City $10,000, then awarded the City $20,000 in 2024 and $25,000 in 2025. This year the City was awarded a grant in the amount of $20,000. The grant decreased from the previous year due to LA84’s new requirements for the Learn to Swim Program (“Program”). The LA84 Foundation now requires the City to enter into a Memorandum of Understanding (“MOU”) with the Montebello Unified School District (“District”) and work with the schools to implement the Learn to Swim Program as part of their Physical Education curriculum. Staff is hopeful that the LA84 Foundation will increase funding in the coming years, once the new format for the program proves to be successful.
Staff has engaged the District and are awaiting formal approval of the Program. Once the District provides approval, staff will work with the District and the City Attorney’s office to create and execute the required MOU.
CONCLUSION:
It is staff’s recommendation that the City Council adopt the attached Resolution approving a Grant Agreement with the LA84 Foundation to fund scholarships for the City’s Learn to Swim Program.
FISCAL IMPACT:
None.
APPROVED ELECTRONICALLY BY:
Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2026-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELL GARDENS, CALIFORNIA, APPROVING A GRANT
AGREEMENT BY AND BETWEEN THE CITY OF BELL
GARDENS AND LA84 FOUNDATION
WHEREAS, the LA84 Foundation desires to award the City of Bell Gardens (“City”) a grant in the amount of Twenty Thousand Dollars ($20,000) to support and fund scholarships for the City’s Learn to Swim Program benefiting the City’s youth residents; and
WHEREAS, the LA84 Foundation now requires the City to enter into a Memorandum of Understanding (“MOU”) with the Montebello Unified School District (“MUSD”) to implement the Learn to Swim Program as part of MUSD’s physical education curriculum; and
WHEREAS, consistent with the LA84 Foundation’s requirement, City staff have engaged with MUSD to enter into an MOU; and
WHEREAS, a Grant Agreement and MOU with MUSD must be executed before the City can receive funding for this purpose; and
WHEREAS, the City of Bell Gardens wishes to enter into a Grant Agreement with the LA84 Foundation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and discussion, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves the Grant Agreement with the LA84 Foundation, which is attached to the staff report as Exhibit 2.
SECTION 3. The City Council further authorizes and directs the Acting City Manager to execute the Grant Agreement with the LA84 Foundation and take all actions necessary to appropriately implement and effectuate the intent of the City Council as set forth in this Resolution.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on following page]
Resolution No. 2026-82
2 of 3
PASSED, APPROVED, and ADOPTED this 27th day of July, 2026.
THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Resolution No. 2026-82
3 of 3
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2026-82 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on July 27, 2026, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
Project Name: LTS 2026 - Bell Gardens Aquatics
1 Project Name: LTS 2026 - Bell Gardens Aquatics
GRANT AGREEMENT
THIS GRANT AGREEMENT is made and entered into by and between the LA84 FOUNDATION (the “Foundation”) and City of Bell Gardens (the “Grantee”).
RECITALS
A. The Foundation, a California nonprofit public benefit corporation, is organized for the purpose of aiding and assisting, through contributions and otherwise, amateur sports programs, primarily for youth, in the Southern California area and desires to make a grant to the Grantee in furtherance of that purpose.
B. The Grantee is willing to accept such grant on the terms and conditions of this Agreement.
TERMS & CONDITIONS
In consideration of the facts recited above and the mutual covenants, conditions and representations set forth herein, the parties agree, and covenant as follows:
1. Grant. Subject to the provisions of this Agreement, the Foundation hereby agrees to grant the sum of not more than $20,000 (the “Grant”) to the Grantee for the purposes set forth on Schedule A attached hereto. If the Grant is payable over more than one year, notwithstanding any other statements in the Agreement or any Schedules thereto to the contrary, all funding for years subsequent to the initial year’s funding are provisional awards to be awarded at the Foundation’s sole and absolute discretion and are also contingent upon (a) approval by the Foundation’s President and CEO; (b) availability of the funds; (c) receipt of satisfactory annual narrative and financial reports; and (d) receipt of satisfactory budgets and plans for the subsequent years’ activities. The Foundation shall have no obligation, to segregate or set aside any funds or assets for the payment of the Grant. Operational implementation of the Grant is the sole responsibility of the Grantee. Other than payment of the grant award, it is expressly understood that the Foundation has no obligation to provide other or additional support for this or any other project or purposes. The Grantee shall use the Grant solely for the purposes, and for organizing, implementing, and conducting the Bell Gardens Aquatics program (the “Program”), set forth on Schedule A attached hereto. Notwithstanding any other provision of this Agreement, the Grant shall be used only for charitable and educational purposes qualifying under Section 170(c)(2)(B) of the Internal Revenue Code of 1986, as amended (the “Code”), and neither the Grant nor the income therefrom may be used for purposes other than those so described. Subject to the provisions of Paragraphs 3 and 8 herein, the Grant shall be payable as set forth on Schedule B attached hereto. The Grantee covenants that it will hold all unexpended amounts of the Grant in interest-bearing bank accounts with the bank or banks set forth in Schedule “B” attached hereto. The Grant will commence on date of approval _______________ and conclude on June 18, 2027.
Project Name: LTS 2026 - Bell Gardens Aquatics
2 2. Program. As an inducement to the Foundation to make the Grant, the Grantee has previously submitted a written proposal (the “Proposal”) to the Foundation, which Proposal includes a description of the Program. The Grantee acknowledges that the Grant is expressly made in reliance on the Proposal and a review of financial information and a final budget submitted by the Grantee.
Accordingly, the Grantee shall notify the Foundation immediately, in writing, of any material change in the facts set forth in the Proposal or in any other information or document submitted to the Foundation.
Without the advance written consent of the Foundation, the Grantee shall not expend any part of the Grant or interest thereon whether for any purpose or item in excess of the amount budgeted for such purpose or item on the final budget for the Program submitted by the Grantee to the Foundation.
3. Conditions to Grant. Except as such conditions may be waived in writing by the Foundation, the Foundation’s obligations to make the Grant and, if the Grant is payable in installments, to pay each installment thereof shall be subject to each of the following conditions:
(a) All necessary approvals and consents to the payment of the Grant shall, to the satisfaction of the Foundation, have been obtained and not revoked. (b) No legal, administrative, or other proceeding shall be pending that questions the legality of the Grant.
(c) The conditions set forth on Schedule C attached hereto shall have been fully satisfied.
4. Covenants of Grantee. The Grantee covenants with the Foundation as follows:
(a) To repay any portion of the Grant which is not used for the purposes of the Grant. (b) To submit to the Foundation full and complete at least periodic reports, not less frequently than annual, on the manner in which the Grant is spent and the progress made in accomplishing the purposes of the Grant.
(c) To maintain records of receipts and expenditures and to make its books and records relating to the Grant available to the Foundation at reasonable times. (d) Not to use any of the Grant (i) to carry on propaganda, or otherwise to attempt, to influence legislation (within the meaning of Section 4945(d)(1) of the Code), (ii) to influence the outcome of any specific public election, or to carry on, directly or indirectly, any voter registration drive (within the meaning of Section 4945(d)(2) of the Code), (iii) to make any grant which does not comply with the requirements of Section 4945(d)(3) or (4) of the Code or (iv) to undertake any activity for any purpose other than one specified in Section 170(c)(2)(B) of the Code. (e) In the performance of this Agreement, the expenditure of the Grant and the organization, implementation and conduct of the Program (i) to comply with all applicable laws, regulations and union agreements to which it is bound and (ii) not to discriminate on the basis of race, color, national origin, age, sex, sexual orientation, marital status, creed, religion, citizenship, ancestry, or political affiliation.
(f) Without the prior written approval of the Foundation, and except for salaries specifically identified in the Proposal, not to transfer or pay, whether or not for value, any portion of the Grant to (i) any person or entity who directly or indirectly controls, is controlled by or is under common control with the Grantee, (ii) any person or entity who is an officer, employee, partner or trustee of, or serves in a similar capacity with respect to, the Grantee or (iii) any person or entity of which
Project Name: LTS 2026 - Bell Gardens Aquatics
3 the Grantee or any of its officers, employees, partners or trustees is the beneficial owner of 5% or more of the equity interests therein.
(g) If the Grantee discovers that any of the Representations made by it in Section 5 below were not correct or should any facts change such that any of the representations made are no longer accurate, to provide the Foundation immediate written notice of the same. (h) If any losses, injuries, or damages are sustained by or to any person or property, relating to the program being funded under this Agreement, to immediately notify the Foundation in writing regarding the same.
5. Representations of Grantee. The Grantee represents and warrants to the Foundation that:
(a) The Grantee is exempt from federal income tax under IRS Section 501(c)(3) and it is not a private foundation as defined in IRS Section 509(a). The Grantee further represents and warrants that (a) the facts supporting the Grantee’s tax-exempt and public charity status under IRS Sections 501(c)(3) and 509(a) have not changed since the issuance of its IRS determination letter, (b) it is not aware of any facts which could result in a change in its tax-exempt and public charity status under IRS Sections 501(c)(3) or 509(a) or relevant state law, or the imposition of excise taxes under IRS Section 4958 dealing with “intermediate sanctions,” (c) the receipt of the grant funds will not change the Grantee’s public charity status under IRS Section 509(a) and (d) that the Grantee does not support or conduct, directly or indirectly, violence or terrorist activities of any kind. Such representations and warranties shall continue through the completion date of this Grant.
(b) This Agreement has been duly authorized, executed and delivered by the Grantee, and constitutes a legal, valid, and binding obligation of the Grantee for the benefit of the Foundation.
(c) All proceedings legally required to be taken by the Grantee in connection with the authorization of this Agreement and of the transactions related thereto, and all approvals, authorizations, consents and other orders of public boards or bodies as may be legally required to be obtained by the Grantee prior to the date hereof with respect to all or any of such matters, have been taken or obtained.
(d) The execution and delivery of this Agreement by the Grantee, and the performance by the Grantee of its obligations hereunder, do not (i) violate any provisions of the Articles of Incorporation, Bylaws or other governing instrument of the Grantee, (ii) violate any law, rule or regulation having applicability to the Grantee or any order, writ, judgment, decree, determination or award to which the Grantee is a party or (iii) result in the breach of or constitute a default under any agreement, lease or instrument to which the Grantee is a party or by which the Grantee is bound.
(e) No audit, investigation, proceeding or other inquiry is pending by the Internal Revenue Service, the Franchise Tax Board or the Attorney General of any state with respect to the Grantee or any affiliated organization, and no legal, administrative or other proceeding is pending that questions the legality of the Grant, except as is disclosed on Schedule C attached hereto. (f) Grantee acknowledges that it has a written policy that addresses its commitment to keep children safe from sexual abuse by preventing, recognizing, and responding to situations both on and off the playing field that in any way compromises their safety.
Project Name: LTS 2026 - Bell Gardens Aquatics
4 6. Publicity. Grantee agrees to use its best efforts to promote its grantee/grantor relationship with the Foundation through social media platforms including, but not limited to, Facebook, X (formerly known as Twitter), and YouTube. Grantee agrees to provide name and email of organization’s board members and key staff. The Foundation will only use this information to communicate about its activities and will not share this information with others. All promotional and advertising materials, including announcements, brochures, publications, films, videotapes, exhibitions and visual materials, produced or authorized by the Grantee relating to the Program shall, to the extent directed by the Foundation, give credit to the Foundation at least as prominent as that given any other person, organization or entity which makes a grant or contribution of funds to the Grantee. The Foundation shall have the right, but not the obligation, to review in advance and approve the contents of all press announcements issued by the Grantee, the planning of all press events, and the contents of all promotional and advertising materials relating to the Grant and the Program. The Foundation may, in its discretion, also publish and distribute promotional materials relating to the Program and the Grant. The publication of such materials may include, but not be limited to, the Foundation’s website and social media (e.g. Facebook and X). The Grantee shall have no right to use any symbol, logo, trade name or trademark of the Foundation without the Foundation's advance written consent.
7. Reports and Records. The Grantee agrees to submit such reports, in addition to the reports required under Paragraph 4(b) hereof, as may be requested by the Foundation, in such form as the Foundation may prescribe at reasonable intervals, relating to the Grantee's performance of or ability to fulfill its obligations under this Agreement. Notwithstanding the foregoing, the Grantee shall timely submit such reports as are described on Schedule D attached hereto. The Grantee shall maintain complete, accurate, and current records of all income and expenses relating to the Program and the Grant. During the term of this Agreement and at any time within five (5) years thereafter, the Grantee shall maintain and make such records available upon request to the Foundation for review, copying and audit. In addition, the Grantee agrees to cooperate fully with the Foundation, and to allow the Foundation and any person designated by it full and complete access to the facilities, activities and operations of the Grantee, for the purpose of auditing, monitoring and evaluating the Program, the Grant and the compliance of the Grantee with the terms and conditions of this Agreement.
8. Termination. The Foundation shall have the right to terminate this Agreement and the Grant at its sole and absolute discretion, with or without cause. Upon termination of this Agreement by the Foundation, the Foundation shall be relieved from making any further payments to the Grantee in regard to the Grant. In the event the termination is pursuant to a determination by the Foundation that the Grantee (a) has misrepresented any material fact or supplied false or misleading material information to the Foundation in the Proposal or otherwise in regard to this Agreement or the Grant, (b) has diverted any payments made under this Agreement to a purpose other than that permitted hereunder, (c) has failed to maintain or provide any material records or reports required to be maintained or provided hereunder or (d) has terminated, abandoned, cancelled or substantially altered, or is likely to terminate, abandon, cancel or substantially alter, the Program, the Foundation may require the Grantee to refund any or all payments of the Grant heretofore made. The foregoing remedies of the Foundation are in addition to any other remedies provided by law, and all such remedies shall be cumulative and not exclusive.
9. No Liability. The Grantee shall, to the fullest extent permitted by law, indemnify, defend and hold the Foundation (along with its officers, directors, employees and agents) harmless from and against any and all claims, liabilities, losses, and expenses (including reasonable attorneys’ fees) directly, indirectly, wholly, or partially arising from or in connection with any act or omission of the Grantee, its employees, or agents, in any manner arising out of or incident to the performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Program or any
Project Name: LTS 2026 - Bell Gardens Aquatics
5 other program or activity by the Grantee. IN NO CASE SHALL THE FOUNDATION BE LIABLE TO THE GRANTEE OR ANY THIRD PARTY FOR CONSEQUENTIAL DAMAGES. The Foundation shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee. It is expressly understood by the parties that no director, member, officer, employee or other representative of the Foundation shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Agreement or any subsequent agreement between the parties regarding the subject matter hereof. The parties agree that the liability of the Foundation hereunder shall be limited to the payment of the Grant pursuant to the terms and conditions of this Agreement. Any contracts entered into or other obligations or liabilities incurred by the Grantee in connection with the Program or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and the Foundation shall have no obligation or liability whatsoever thereunder or with respect thereto. The Grantee covenants that all contracts to which it shall become a party in regard to the Program and/or the Grant shall include the following clause:
“It is expressly agreed and understood that neither the LA84 Foundation (the “Foundation”) nor any director, member, officer, employee or other representative of the Foundation shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Agreement, and that the foregoing provisions concerning financial responsibility or liability shall be expressly included in and made a part of any and all agreements between the parties subsequent to this Agreement.”
10. Insurance. The Grantee represents and warrants that (a) it is, and will continue to be, adequately insured against all risks, including such risks as would be covered by fire and property damage, worker's compensation, automobile and comprehensive general liability insurance, and professional liability with respect to the conduct of the Program and all other programs and activities of the Grantee and (b) the premises and facilities of third parties where the Grantee conducts and will conduct its programs and activities also are and will be so adequately insured, except as expressly set forth on Schedule C attached hereto. Exhibit C shall serve as applicable insurance and additional insurance provisions that the Grantee shall provide to the LA 84 Foundation. As constituted by this Agreement, the Grantee shall furnish the Fund the policy or policies of insurance or applicable certificate of insurance or either written evidence satisfactory to the Fund, evidencing the insurance carried by or otherwise benefiting the Grantee the requirements set forth in exhibit C. The Grantee covenants that it will cause the Fund to be added as an additional insured on all policies of insurance carried by the Grantee.
11. Other Provisions. This Agreement and the Proposal together constitute the entire agreement of the parties with respect to the subject matter hereof, and the provisions hereof and thereof have superseded any and all prior and contemporaneous agreements or understandings relating to the matters specifically addressed herein or therein. Failure or inability of either party to enforce any right hereunder shall not waive any right with respect to any other or future rights or occurrences, nor shall waiver of any condition or right in any instance be deemed a waiver of any condition or right in any other instance. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged or actual dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding in addition to any other relief to which it may be entitled. This Agreement and the Grantee's rights, duties and obligations hereunder may not be assigned by the Grantee without the prior written consent of the Foundation. Any attempt at assignment shall be void and a material breach of this Agreement by the Grantee. This Agreement has been negotiated, executed, and delivered and will be performed in the State of California and shall be governed by and construed in accordance with its laws. The Schedules attached hereto are incorporated herein by reference and made a part of this Agreement as if fully set forth herein.
Project Name: LTS 2026 - Bell Gardens Aquatics
6 12. Amendments and Modifications. This Agreement may be amended or modified only by a written instrument executed by the Foundation and by the Grantee. Notwithstanding the foregoing, modifications to the scope of the Program, alterations in the funding schedule, revisions to the Proposal and other changes to the terms and conditions of this Agreement set forth on the Schedules attached hereto may be effectuated by the substitution of replacement Schedule(s), provided that such replacement Schedule(s) are executed by both the Foundation and the Grantee.
13. Survival. The obligations set forth in Sections 7, 9, 11, 14, 15 and 16 shall survive the termination of this Agreement.
14. Notice. All notices, requests or consents required or permitted under this Agreement shall be in writing and shall be given to the other party by personal delivery, overnight delivery, or regular certified mail, sent to such party’s address as is set forth below such party’s signature hereto or to any other address as any party to whom notice is to be given may have previously furnished to the other as set forth in this provision. Each such notice, request or consent shall be deemed effective upon receipt.
15. Confidentiality. The parties acknowledge that the Grantee, in connection with this Agreement, may acquire certain Confidential Information (as defined below) related to the Foundation.
Grantee shall not divulge or disclose, without the Foundation’s prior written approval, nor use for the benefit of any person or entity other than the Foundation, any Confidential Information that may become known to the Grantee by reason of this Agreement or otherwise. Grantee further agrees to prevent its agents and employees from divulging or disclosing any such Confidential Information or from using such Confidential Information for the benefit of any person or entity other than the Foundation. “Confidential Information” of the Foundation shall include, but not be limited to, the existing or future services, products, operations, management, business, financial information, goals, profits, billings, referral, research services, strategies, technology, trademarks, know-how, member lists and objectives of the Foundation, except to the extent that such release of such information was authorized by the Foundation or such information is generally available or known to the public or becomes known to the public through means other than a breach of this Agreement or by any person or entity having an obligation to keep such information confidential. All information which the Grantee acquires or becomes acquainted with during the term of this Agreement, whether developed by Grantee or by others, which the Grantee has a reasonable basis to believe to be Confidential Information, or which is treated by the Foundation as being Confidential Information, shall be presumed to be Confidential Information.
16. Independent Contractor. The Grantee is an independent contractor, and nothing herein shall be construed to create an employment, joint employment, partnership, joint venture, agency, or any other kind of relationship between Grantee and the Foundation. In no event shall the Grantee or its employees, independent contractors, or agents, if any, be considered employees of the Foundation. The Grantee shall not have, nor shall the Grantee claim or imply that the Grantee has, any authority to enter into any obligation on behalf of, or binding upon, the Foundation. The Grantee is an independent contractor and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including, but not limited to, workers’ compensation insurance. The Grantee and its employees are not eligible for, and shall not participate in, any employee pension, health, welfare, or other fringe benefit plan, of the Foundation.
17. Signatures. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
In the event that any signature is delivered by e-mail delivery of a “pdf” format data file, such signature
Project Name: LTS 2026 - Bell Gardens Aquatics
7 shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such “pdf” signature page were an original thereof.
18. Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration before an experienced arbitrator licensed to practice law in California in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Association”) in Los Angeles, California. The arbitration decision shall be final and binding upon the parties and may be entered as a judgement in any court of competent jurisdiction. In addition to the aware of any other remedy or relief, the prevailing party in any such arbitration proceeding shall be entitled to his or its reasonable attorneys’ fees and costs (including, without limitation, arbitrators’ fees, Association fees and related fees) incurred in connection with such proceeding.
IN WITNESS WHEREOF, the parties have executed this Grant Agreement on ___________________________, 2026.
GRANTEE:
City of Bell Gardens
7100 Garfield Ave
Bell Gardens, CA 90201
BY: ________________________________
Manuel Acosta
Acting City Manager
FOUNDATION:
LA84 FOUNDATION
2141 West Adams Blvd.
Los Angeles, CA 90018
BY: __________________________________
Renata Simril
President & CEO
Project Name: LTS 2026 - Bell Gardens Aquatics
8 SCHEDULE A
DESCRIPTION OF PROGRAM AND PURPOSES:
The purpose of this Grant to City of Bell Gardens is for the Learn to Swim Program.
The program description and budget are attached hereto and incorporated herein by this reference.
GRANT TITLE: LTS 2026 - Bell Gardens Aquatics
NAME OF ORGANIZATION: City of Bell Gardens
AMOUNT AWARDED: $20,000
PROGRAM DESCRIPTION:
Requested funds will be used to offset the cost of swimming lessons for youth within Bell Gardens.
The City of Bell Gardens Parks and Recreation Department will partner with the local Bell Gardens elementary in delivering the Learn to Swim Program. The Program will take place during the school day for six weeks with sessions being held twice a week, and will be completely free for youth to participate. The grant will support 597 youth participating in the Learn to Swim Program.
BUDGET SUMMARY
LA84
Foundation
Scholarships $20,000
Total $20,000
Project Name: LTS 2026 - Bell Gardens Aquatics
9 SCHEDULE B
The funding schedule set forth below constitutes an estimate of the Grantee's need for funds based upon the Proposal. The amounts and timing of the payment of installments of the Grant as set forth in such funding schedule are subject to change, in the discretion of the Foundation, in the following circumstances:
1. Reports required by Paragraph 7 of the Grant Agreement and/or by Schedule D attached thereto are not submitted in a timely manner or with all required information.
2. The Program is modified, enhanced, reduced or otherwise altered in any substantive manner without the prior written approval of the Foundation.
3. The Foundation determines that cost savings may be achieved through utilization of other resources or the Foundation's purchase requisition procedures for equipment and other items required by the Program.
4. The Grant is terminated pursuant to Paragraph 8 of the Grant Agreement.
FUNDING SCHEDULE:
Amount Date
$20,000 Upon Grant Execution
* An initial advance payment can be made at the discretion of Foundation Staff in consultation with Grantee. Subsequent payments will be made after the Grantee submission of Progress Reports to be reviewed and approved by Foundation prior to payment authorizations. The total grant funds released based on Grantee submitted Progress Reports may be less than the approved grant, but in no case shall the total payment exceed $20,000.
BANK(s) IN WHICH GRANT FUNDS ARE TO BE HELD:
ACCOUNT #: (insert information here)
BANK NAME AND ADDRESS:
(insert information here)
MAIL CHECK TO:
City of Bell Gardens
c/o Manuel Acosta, Acting City Manager
7100 Garfield Ave
Bell Gardens, CA 90201
Project Name: LTS 2026 - Bell Gardens Aquatics
10 SCHEDULE C
ADDITIONAL CONDITIONS PRECEDENT TO GRANT:
INSURANCE REQUIREMENTS GRANT
Grantee shall furnish the foundation with the following:
Coverage shall be at least as broad as:
Commercial General Liability Coverage
•Insurance Services Office (occurrence form CG 0001).
•Minimum Limits: $1,000,000 per occurrence / $2,000,000 in the aggregate for bodily injury, personal injury, and property damage. Coverage shall include abuse and molestation coverage with minimum limits of $1,000,000 per occurrence / $2,000,000.
Commercial Professional Liability / Social Services Professional Coverage •Minimum Limits: $1,000,000 per occurrence/$2,000,000 policy aggregate.
Worker’s Compensation
•Worker’s Compensation as required by California law and Employer’s Liability coverage. •Minimum Limits: Employer’s Liability $1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
•LA84 Foundation, its officers, directors and employees, are to be covered as additional insureds with respect to liability arising out of grantee operations
•Insurance shall be primary insurance as respects LA84 Foundation, its officers, directors, and employees. •For any claims the Grantee’s insurance shall waive all rights of subrogation against any policy held by LA84 Foundation, its officers, directors, and employees.
•Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days’ prior written notice has been given to LA84 Foundation. •An Additional Insured endorsement is to be provided on the Automobile Liability insurance (using ISO form CA 2048 or insurance company equivalent).
Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best’s rating of no less than A VI.
Verification of Coverage.
The Grantee shall furnish LA84 Foundation with original certificates and amendatory endorsements effecting coverage, additional insured status and limits required by this clause. An additional insured endorsement, Insurance Services Office form CG2026, or insurance company equivalent, shall be attached to the certificate of general liability insurance.
All certificates and endorsements are to be received and approved by LA84 Foundation before Grantee will receive support. The LA84 Foundation reserves the right to require complete, certified copies of all insurance policies, including endorsements effecting the coverage required by these specifications at any time.
PENDING LITIGATION AND OTHER PROCEEDINGS:
Grantee warrants that there is no pending litigation or other proceedings.
UNINSURED RISKS:
Grantee further represents and warrants that there are no uninsured risks the occurrence of which would have a material adverse effect on the program.
Project Name: LTS 2026 - Bell Gardens Aquatics
11 SCHEDULE D
REPORTS TO BE FURNISHED:
Final Report Narrative and Expense Report 7/30/2027
** Final Report must be a complete review and report of the program including all statistical data, evaluation results and a detailed accounting of grant expenditures. Final Report forms are available on the Foundation grantee portal ( www.grantinterface.com/home/logon) . Failure to submit a final report will impact the organization’s ability to obtain a grant in the future.
Project Name: LTS 2026 - Bell Gardens Aquatics
12 SCHEDULE E
OTHER TERMS AND CONDITIONS:
The LA84 Foundation shall have the right to approve all publicity in advance of publication and Grantee shall submit to the Foundation any proposed materials for approval prior to their release.
All temporary or permanent signage shall be recommended and approved by Foundation.
Foundation and Grantee shall mutually agree on proper name recognition for Foundation on equipment purchased with grant funds.
The Foundation may, in its discretion, also publish and distribute promotional materials relating to the Program and the Grant. The publication of such materials may include, but not be limited to, the Foundation’s website and social media tools (e.g., Facebook and X).
CITY OF BELL GARDENS
PUBLIC WORKS DEPARTMENT
EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Manuel Acosta, Acting City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: Local Commission Appointment List
DATE: July 27, 2026
RECOMMENDATION:
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
BACKGROUND / DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state-mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.
FISCAL IMPACT:
No fiscal impact.
ELECTRONICALLY APPROVED BY:
Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services
Updated: 7/13/2026
CITY OF BELL GARDENS
NOTICE OF COMMISSION VACANCIES
AND ACTIVE COMMISSIONERS
EDUCATION COMMISSION
PLANNING COMMISSION
RECREATION, CULTURAL AND YOUTH COMMISSION
SENIOR CITIZEN COMMISSION
TRAFFIC AND SAFETY COMMISSION
The City Council is seeking applications for the following vacancies:
Meeting Date: Second Thursday of every month, City Hall Council Chamber, 5:00 p.m.
Staff Liaison - Ana Avalos, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date: Third Wednesday of every month, City Hall Council Chamber, 5:15 p.m.
Staff Liaison - Alfonso Hernandez, City Planner, (562) 806-7723 VACANT Barcena 7/13/2026
Meeting Date: Third Thursday of every month, City Hall Council Chamber, 6:00 p.m.
Staff Liaison – Armando Andrade, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date – Second Wednesday of every month, City Hall Council Chamber, 6:00 p.m.
Staff Liaison – Diana Ortiz, Recreation and Community Services Supervisor (562) 806-7650 Meeting Date – First Tuesday of every month, City Hall Council Chamber, 5:30 p.m.
Staff Liaison – Bernardo Iniguez , Director of Public Works/Facilities (562) 806-7770 Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk’s Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk’s Office on a continuous basis until an appointment is made. Please call the City Clerk’s Office at (562) 806-7705 or email [email protected] for more information.
Daisy Gomez, City Clerk
Ereni de la Paz Barcena 9/22/2025
Linda Judith Lopez Chavez 4/28/2025
Crystal Jimenez De La Rosa 1/13/2025
Juan Manuel Rojas Guillen 1/27/2025
Miguel Maravilla Sanchez 1/13/2025
Carlos Jose Barrera Chavez 1/13/2024
Kenneth Preciado De La Rosa 1/13/2025
Yorgelys Monroy Guillen 2/11/2025
Oscar Boado Sanchez 9/11/2023
VACANT Barcena 1/6/2025
Katelynn Cabrera Chavez 4/28/2025
Ainslee Preciado De La Rosa 2/24/2025
Karla Acosta Guillen
Carmen Vargas Sanchez 7/22/2024
Ana Maria Sanchez Flores Barcena 1/9/2023
Mayra Teresa Yañez Chavez 4/28/2025
Karina Garcia De La Rosa 5/12/2025
VACANT Guillen
Stephanie Perez Sanchez 1/23/2023
David Heredia Barcena 1/9/2023
Edgar Juvenal Lopez Bustillos Chavez 4/28/2025
Gustavo Mendez De La Rosa 4/14/2025
Samuel Perez Guillen 2/24/2025
Pedro Trujillo Sanchez 1/12/2026
NAME APPOINTED BY VACANCY
POSTED
APPOINTMENT
DATE
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Manuel Acosta, Acting City Manager
BY:Alfonso Hernandez, Acting Director of Community Development SUBJECT:Consideration of Proposed Ordinance No. 972 Amending Chapter 5.63 (Tenant Eviction Protections) to Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code
DATE:July 27, 2026
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Find that the proposed Ordinance No. 972 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, § 15061(b)(3) (CEQA Guidelines), concluding no significant environmental impact would occur; and
2. Waive full reading and introduce Ordinance No. 972 amending Chapter 5.63 (Tenant Eviction Protections) to Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code to establish a minimum threshold for evictions based on nonpayment of rent
BACKGROUND / DISCUSSION:
On September 12, 2022, the City Council of the City of Bell Gardens (“City”) adopted Ordinance No. 925, which added Chapter 5.62 (Rent Stabilization) and Chapter 5.63 (Tenant Eviction Protections) to Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code (“BGMC”). Ordinance No. 925 became effective on October 12, 2022, establishing the City’s Rent Stabilization and Tenant Eviction Protections (“RSTEP”) Program.
On August 11, 2025, and April 13, 2026, staff presented discussion items to the City Council describing the City’s existing tenant eviction protection regulations and new practices established by the City of Cudahy. At both meetings, the City Council received public comments reflecting community interest to establish a minimum threshold for missed rent— commonly referred to as a nonpayment threshold—below which a landlord could not initiate an eviction.
Proposed Amendment
At the direction of the Mayor, the proposed Ordinance is being brought to the City Council for
consideration. The proposed Ordinance would expand the protections provided under Chapter
5.63 (Tenant Eviction Protections) of the BGMC by establishing a minimum threshold of unpaid rent that must accrue before a landlord may initiate an eviction on that ground. Under the proposed Ordinance, a landlord may only initiate an eviction if the amount of rent missed exceeds one month of the Fair Market Rent (FMR) for the Los Angeles metro area, as determined annually by the U.S. Department of Housing and Urban Development (HUD).
Proposed Ordinance No. 972 recognizes that many households experience temporary financial hardships that may result in a limited amount of unpaid rent. Rather than permitting eviction proceedings to commence immediately, the proposed Ordinance requires that the arrears exceed the applicable one-month FMR figure before the landlord may proceed. This approach mirrors protections that have been adopted in other jurisdictions, like the City of Cudahy.
The current fair market rent is based on the most recently published HUD Small Area Fair Market Rents for a comparable unit.
Efficiency One-Bedroom Two-Bedroom Three-Bedroom Four-Bedroom $1,740 $1,950 $2,430 $3,080 $3,430
ENVIRONMENTAL REVIEW:
The City reviewed the environmental impacts of the proposed project pursuant to the California Environmental Quality Act (CEQA). The proposed Ordinance is exempt pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). This Section states that projects that do not result in a direct, or reasonably foreseeable indirect, physical change in the environment are not subject to CEQA review. The proposed amendments implement additional eviction thresholds to the City’s current regulations and do not authorize or approve a permanent and continuous physical activity, nor do they result in a physical change to the environment.
CONCLUSION:
If adopted, the proposed Ordinance would establish a minimum threshold for an eviction by landlord of a tenant for unpaid rent.
FISCAL IMPACT:
No fiscal impact.
APPROVED ELECTRONICALLY BY:
Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
ORDINANCE NO. 972
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AMENDING SECTION 5.63.030(C)(1) (FOR CAUSE TERMINATION OF TENANCY) OF CHAPTER 5.63 (TENANT
EVICTION PROTECTIONS) OF TITLE 5 OF THE BELL GARDENS
MUNICIPAL CODE
WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California (“State”); and WHEREAS, California Constitution Article XI, Section 7, enables cities to make and enforce local regulations; and
WHEREAS, on September 12, 2022, the City Council adopted Ordinance No. 925, adding the Chapter 5.62 (Rent Stabilization) and Chapter 5.63 (Tenant Eviction Protections) to Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code (“BGMC”), which became effective on October 12, 2022, and together established the City’s Rent Stabilization and Tenant Eviction Protections (“RSTEP”) Program; and
WHEREAS, since the adoption of Ordinance No. 925, the RSTEP Program has advanced the City’s housing stability objectives and created positive impacts for its residents; and
WHEREAS, the City desires to further expand the protections available under Chapter 5.63 (Tenant Eviction Protections); and
WHEREAS, the City finds that establishing a minimum threshold of unpaid rent, measured by reference to the Fair Market Rent published annually by the U.S.
Department of Housing and Urban Development, before a landlord may initiate eviction proceedings for nonpayment furthers the City’s objectives.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and incorporated into the body of this Ordinance by this reference.
SECTION 2. Subsection 1 (Failure to Pay Rent) of Section 5.63.030(C) (For Cause Termination of Tenancy) of Chapter 5.63 (Tenant Evictions Protections) of Title 5 (Business Licenses, Regulations and Taxes) of the City of Bell Gardens Municipal Code is hereby amended in its entirety to read as follows:
Ordinance No. 972
1. Failure to Pay Rent. The tenant has failed to pay rent to which the landlord is entitled. However, a landlord’s right to evict a tenant lawfully in possession of residential housing under this subdivision is limited to defaults in payment where the amount due exceeds one month of fair market rent for the Los Angeles metro area set annually by the U.S. Department of Housing and Urban Development for an equivalent sized rental unit as that occupied by the tenant. The written notice to the tenant required under this section shall state the number of bedrooms in the tenant’s rental unit.
SECTION 3. In accordance with the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City Council finds that approval is exempt from the requirements of CEQA pursuant to Public Resources Code Section 15061(b)(3) (Common Sense Exemption), which provides that proposed actions which do not result in a direct, or reasonably foreseeable indirect, physical change in the environment are not subject to CEQA review.
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED this ____ day of ______, 2026.
THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
Ordinance No. 972
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk