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2500 - Community Development and the Parks and Recreation Department - Interdepartment MOU for Operation of a Senior Nutrition ProgramCITY OF ROSEMEAD MEMORANDUM OF UNDERSTANDING "MOU" CITY OF ROSEMEAD INTER -DEPARTMENTAL "MOU" between Community Development Department and the Parks and Recreation Department for Operation of a Senior Nutrition Program Whereas, the City of Rosemead, Community Development Department (herein referred to as the "CITY") has received entitlement grants from the United States Department of Housing and Urban Development (herein referred to as "HUD") under the Title I of the Housing and Urban Development Act of 1974, as amended (herein referred to as the "ACT"); Whereas, the Mayor and City Council Members approved the FY 2025-2026 HUD Consolidated Plan Grant Program allocation in accordance with the Annual Action Plan (Attachment "A" -herein referred to as the "PLAN"); Whereas, approval of the FY 2025-2026 Annual Action Plan authorizes the City Manager to direct the Parks and Recreation Department (herein referred to as the "DEPARTMENT") to implement programs and projects designed to achieve the goals and objectives contained in the Plan; Whereas, the City Manager established this Memorandum of Understanding (herein after referred to as the "MOU") outlining the Federal, State and local regulations/requirements governing the use of funds by the "DEPARTMENT". NOW, THEREFORE, it is agreed between the undersigned parties as follows: 1. DEPARTMENT Services The Department receiving Federal grant funding is responsible for performing all work necessary to complete the services set forth in the Scope of Services (Attachment "B" -herein referred to as the "SCOPE"). 2. Availability of Funds/Modifications The CITY'S provision of funding to the DEPARTMENT pursuant to this "MOU" is contingent on the availability of program funds and continued Federal and State authorization for the program activities and is subject to amendment or termination due to lack of funds or authorization. This "MOU" is subject to written modification and termination as necessary by the CITY in accordance with requirements contained in any future Federal or State legislation, regulations or City policy. All other modifications must be in written form and approved by both parties prior to contract execution. 3. Term of "MOU" The term of this "MOU" shall be from July 1, 2025, to June 30, 2026 (herein referred to as the program "FISCAL YEAR"). Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants 4. Commencement of Performance The DEPARTMENT shall not obligate or request disbursement of funds, incur any cost or initiate identified projects which are subject of this '-MOU", until the provisions of this paragraph have been fully satisfied: A. The Community Development Block Grant (CDBG and CDBG-CV) and Community Development Block Coronavirus Grant (CDBG and CDBG-CV) Funded Projects have obtained environmental clearance from HUD and all environmental reviews that may be required by Federal law have been completed and certified by the CITY'S Housing Division and the CITY has issued a written Notice to Proceed. B. The U.S. Dept. of Housing and Urban Development (HUD) has approved the CITY'S request for release of funds (if applicable) and disbursement to the DEPARTMENT of any Federal Grant Funds. 5. Federal Terms and Conditions CDBG and CDBG-CV funds shall be used strictly in accordance with the CDBG and CDBG-CV Programs terms and conditions and be in compliance with Federal laws and regulations as set forth in the CDBG and CDBG-CV "MOU" Requirements (Attachment "C" herein referred to as the "REQUIREMENTS"). 6. Designated Representative (a) The CITY'S representative is as follows: Name & Title: Lily Valenzuela, Director of Community Development Address: 8838 East Valley Boulevard, Rosemead, CA 91770 E-mail Address: Itrinh(a--)cityofrosemead.org Phone No.: 626-569-2142 (b) The DEPARTMENT'S representative, who shall be responsible for job performance, negotiations, contractual matters, coordination with the CITY Representative is as follows: Name & Title: Tom Boecking, Director of Parks and Recreation Address: 8838 East Valley Boulevard, Rosemead, CA 91770 Email Address: tboeckino(cDCITYofrosemead.org Phone No.: 626-569-2161 The DEPARTMENT'S professional services shall be performed by, or shall be immediately supervised by, the DEPARTMENT'S representative. 7. Assignment This "MOU" is for the professional services of the DEPARTMENT. Any attempt by the DEPARTMENT to assign the benefits or burdens of this "MOU" without written approval of the CITY shall be prohibited and shall be null andvoid. Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants 8. Records, Inspections and Reports The DEPARTMENT shall maintain full and accurate records with respect to all services and matters covered under this WOU". The CITY'S Community Development Department shall have free access at all reasonable times to such records, and the right to examine and audit same and to maketranscripts there from, and to inspect all program data, documents, proceedings and activities. The DEPARTMENT shall submit to the City every three (3) months, quarterly reports, which shall be a statement describing the steps and approaches taken to meet the specified goals. This report shall include a project activity statement and shall include any program income, any joint funding, and nonexpendable and expendable personal property purchased or leased with CDBG and CDBG-CV funds. These reports must trace the CDBG and CDBG-CV funds award to a level of expenditure adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable law. 9. Covenants and Conditions Each term and each provision of this WOU" to be performed by the DEPARTMENT shall be construed to be both a covenant and a condition. 10. Termination At any time, with or without cause, the CITY shall have the right, at its sole discretion, to terminate this "MOU" by giving written notice to the DEPARTMENT pursuant to Paraaraoh 12 of this WOU". There shall be no period of grace after giving the notice of termination. Termination shall become effective immediately upon the giving of notice as provided in Paragraph 12 of this WOU". 11. Effect of Termination Upon termination, as stated in Paragraph 10 of this WOU", the CITY shall be liable to the DEPARTMENT only for work done by the DEPARTMENT up to and including the date of termination of this WOU", unless the termination is for cause, in which event the DEPARTMENT need be compensated only to the extent required by law. 12. Modification of "MOU" This WOU" is subject to written modification and termination as necessary by the CITY in accordance with requirements contained in any future Federal legislation and regulations affecting this WOU" or funding for programs hereunder. All other tasks described in this WOU" and all other terms of this WOU" may be modified only upon mutual written consent of the CITY and the DEPARTMENT. 13. Use of the term "CITY" Reference to "CITY" in this WOU" includes City Manager or any authorized representative acting on behalf of the CITY. 14. Notices All notices given, or required to be given, pursuant to this WOU" shall be in writing and may be given by personal delivery or by mail. Notice sent by mail Catalog of Federal Domestic Assistance (CFDA) Number: 14.216 CFDA Title: Community Development Block Grant (CDBG) / Entitlement Grants shall be addressed to each party's designated representative as set forth above. When addressed in accordance with this paragraph, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made to the names oraddresses of personstowhom notices are to be given by giving notice in the manner prescribed in this paragraph. 15. Permits and Licenses The DEPARTMENT, at its sole expense, shall obtain and maintain during the term of this "MOU", all appropriate permits, licenses and certificates that may be required in connection with the performance of services under this "MOU". 16. Waiver A waiver by the CITY of any breach of any term, covenant or condition contained in this "MOU" shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained in this "MOU" whether of the same or different character. 17. Integrated "MOU" This "MOU", along with Attachments A, B, and C, represents the entire "MOU" between the CITY and the DEPARTMENT and supersedes all preliminary negotiations. No verbal "MOU" or implied covenant shall be held to vary the provisions of this "MOU". This "MOU" shall bind and insure to the benefit of the parties to this "MOU" and to any subsequent successors and assigns. IN WITNESS WHEREOF, CITY and DEPARTMENT have caused this MOU to be executed by their duly authorized representatives. This MOU is effective as of July 1, 2025. APPROVED AS TO FORM: "CITY" "DEPARTMENT" CITY of Rosemead CITY of Rosemead 7a4� = - :::� IL--, -- Ben Kim Tom Boecking City M5Ro@er Director of Park and Recrea?ion Catalog of Federal Domestic Assistance (CFDA) Number: 14.218 CFDA Title: Community Development Block Grant (CDBG) I Entitlement Grants ATTACHMENT A CITY OF ROSEMEAD FY 2025 - 26 ANNUAL ACTION PLAN AP -38 Project Summary Project Summary Information Project Name Senior Nutrition Program Target Area Community Wide Goals Supported Provide or Improve Access to Public Social Service Needs Addressed Support Community Services Funding $28,000 (CDBG) and $30,000 (CDBG-CV) Description The City of Rosemead's Parks and Recreation Department administers the Senior Nutrition Program, which aims at delivering economical and nutritious meals, while promoting social interaction among older adults in the community. This program serves as a fundamental element in advancing health, independence, and communal involvement for seniors within Rosemead. Target Date 6/30/2026 Estimate the number and type of 700 Seniors families that will benefit from the proposed activities Location Description Garvey Community Center, Rosemead Planned Activities Provide Rosemead seniors with high quality, cost efficient, and nutritious meals at the Garvey Community Center. Note: The above is an excerpt found in the 2025-2026 Annual Action Plan as approved by Council on May 13, 2025. ATTACHMENT B SCOPE OF SERVICES KOOS�EINE'AD CITY OF ROSEMEAD Application for CDBG Funds 2025-2026 Program Year All persons or agencies wishing to apply for 2025-2026 Community Development Block Grant (CDBG) funds must complete an application form in order to be considered. Applications will be accepted until 2:00 P.M. on Thursday, January 16th, 2025, via email at degarcia(a,citvofrosemead.ore. Late applications will not be accepted. NO EXCEPTIONS. In addition, applications can be submitted to the City of Rosemead located at 8838 East Valley Boulevard, Rosemead, CA 91770. In order to be considered for funding, all sections of the application must be completed. Any sections that do not apply should be marked N/A on the form. ' Pursuant to the Federal Funding Accountability and Transparency Act of 2006 (FFATA), this is a requirement for all CDBG- assisted subrecipients, contracts and subcontracts. For more information on how to obtain a DUNS number if your organization does not already have one, visit haR,//fedgov.dnb.com/wcbfom/index.*sp Page 1 of 5 INFORMATIONAGENCY Department/Agency Name: Contact Person: City of Rosemead - Parks and Recreation Tom Boecking Agency Status (Check One): Contact Title: ❑ Non -Profit ❑ For -Profit ® Public (City) Parks and Recreation Director Agency Address Telephone No.: Address: 8838 E. Valley Blvd. (626) 569-2161 Facsimile No. City, State, Zip: Rosemead CA 91770 Federal Tax ID No.: E-mail Address: 95-2079994 Tboecking@cityofrosemead.org DUNS No.': Name of Person Signing Contracts: Tom Boeckin BACKGROUNDAGENCY ' Pursuant to the Federal Funding Accountability and Transparency Act of 2006 (FFATA), this is a requirement for all CDBG- assisted subrecipients, contracts and subcontracts. For more information on how to obtain a DUNS number if your organization does not already have one, visit haR,//fedgov.dnb.com/wcbfom/index.*sp Page 1 of 5 Project Title: Youth Employme Amount of CDBG F $11,600 Project Site Address: Address: Being Requested: 3936 N. Muscatel Ave. Rosemead CA 91770 Have You Received City Funds Before (Check One): Yes n No (Attach additional sheets This Request is for a (Check One): ❑ New Project ® Existing Project Performance Indicator: (select fmm last) 01 - People Meeting National Objective: (sekctfmm list) Benefits Low and Moderate - Income Person 1. Provide a detailed description of the proposed project. Explain how the project will benefit the community, the characteristics of the people who will benefit from the project and how CDBG funds will be used to implement the project: The Youth Employment Program is currently providing funding for employment opportunities for Part -Time Youth Worker ages 14-17 years old. Youth Workers will work along side city staff and assist with various programs, activities and special events. Youth workers will also have an opportunity to gain valuable work experience within the organization. Page 2 of 5 responses in the form fields below. The form will expand to accommodate the length ofyour response, Do not exceed fourpages): 2. Describe the target population in detail and note how many unduplicated households and people the project will serve, their income levels, and whether they are part of any special needs groups: The target population for this program will be geared towards kids ages 14-17 years old and this program can serve up to 5 people. This program is not a part of any special needs groups. 3. Describe, with data and information, the need for this activity in the City: Currently, we have three (3) Youth Worker participating in this program where they are are housed at various locations. They work alongside City Staff assisting with various city programs and events. Some of the the programs and events that they assist with i nclude: Youth Sports programs, Day Camps, Customer Service and Special Events. 4. Describe all similar projects your Organization has carried out in the last five (5) years. For each program/project, provide a reference name and telephone number from the agency that provided CDBG or other HUD funding: We do not have have a similar project in our organization. 5. Identify and describe any audit findings, liens, investigations, or probation by any oversight agency in the past five (5) years. If none, please state none: N/A Page 3 of 5 PROJECT BUDGET St NINIAR) (The Agency undmtmds that no expenditutes maybe incurredbefote a conmi cth2s been fuEy executed) Formula Grant Cost Category Overall Budget Rosemead CDBG Funds Personnel Costs $11,600 $11,600 Non -personnel costs (supplies, consultants, etc. 0 0 Capital Improvement Costs 0 0 Total $11,600 $ 0.00 $ 0.00 Describe any other funding sources (and the amount of the other funding source) that will be used in the execution of the project: No other funding sources will be used for this project. Page 4of5 Note: The number of clients noted in the table above must not exceed the low -moderate income limits as noted in the 2024 HUD Income Limits. HUD updates the income limits yearly. I hereby certify that the aforementioned statements are true and correct. Tom Boecking %ehL U'e¢c,�ur 1/16/25 Print Name of Person Signing Contract Signature L Page 5 of 5 complete. City of Total Over Rosemead Clients Number of clients actually served under program year 2023-24 4 4 Number of clients expected to be served under current program year 2024-25 5 5 Number of clients proposed to be served under expected program in 2025-26 5 5 Describe how the program benefits low -moderate income eligible residents in Rosemead: This programs greatly benefits low -moderate income residents because it gives additional income by providing job opportunities to young teens. Youth Workers will gain valuable work experience and knowledge to further prepare them for their future careers. Note: The number of clients noted in the table above must not exceed the low -moderate income limits as noted in the 2024 HUD Income Limits. HUD updates the income limits yearly. I hereby certify that the aforementioned statements are true and correct. Tom Boecking %ehL U'e¢c,�ur 1/16/25 Print Name of Person Signing Contract Signature L Page 5 of 5 ATTACHMENT C CDBG AND CDBG-CV REQUIREMENTS This MOU is subject to requirements contained in 24 CFR Part 570 and Title I of the Housing and Community Development Act of 1974 and its amendments. DEPARTMENT and CITY agree to cooperate to the fullest extent possible to ensure compliance with all Federal requirements. DEPARTMENT further warrants that it will comply with the following requirements: (A) Compliance with Section 3 of the Housing and Urban Development Act of 1968 (B) Requirements relating to equal employment opportunities. (C) Requirements relating to the maintenance of a drug-free workplace. (D) Compliance with Federal Labor Standards. (E) Requirements forbidding interests of certain Federal officials (F) Compliance with the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et.seq., and EPA regulations in 40 CFR Part 40, as amended. (G) Requirements forbidding interests in the MOU by CITY and local government officials. (H) Compliance with program income and property management standards as defined in Federal Office of Management and Budget Circular A-102. (1) Program Income — Transfers of grant funds by the CITY to the Department shall be adjusted according to the principles described in 24 CFR 507.504 (b)(2)(i). Any program income on hand when the MOU expires, or received after this MOU expiration, shall be paid to the CITY as required by 24 CFR 507.503(b)(8). (J) Compliance with applicable uniform administrative requirements as described in 24 CFR Part 570.502(b). (K) Compliance with all Federal laws and regulations described in 24 CFR Part 570 at Subpart K of these regulations except that: 1. The DEPARTMENT does not assume the CITY's environmental responsibilities described at Section 570.604 of 24 CFR Part 570 2. The DEPARTMENT does not assume the CITY responsibility for initiating the review process under the provisions of 24 CFR Part 52. (L) Upon expiration of this MOU the DEPARTMENT shall transfer to the CITY any CDBG and CDBG-CV funds on hand at the time of expiration and any accounts receivable attributable funds. Any real property under the DEPARTMENT'S control that was acquired or improved in whole or in part with CDBG and CDBG-CV funds in excess of $25,000 must be either: (1) used to meet one of the National Objectives in Section 570.208 of 24 CFR Part 570 until five (5) years after the expiration of this MOU; or (2) disposed of in a manner that results in the CITY being reimbursed in the amount of the current fair market value attributable to expenditures of non-CDBG and CDBG-CV funds for acquisition of, or improvement to, the property. (M) Other Federal Acts applicable to projects funded with CDBG and CDBG-CV funds. Retention of Records and Reports: DEPARTMENT shall maintain the following records and reports to assist the CITY in maintaining its record keeping requirements: Records. (A) Documentation of the income level of person and/or families participating in or benefiting by the Contractor's program. (B) Documentation of all CDBG and CDBG-CV funds received by CITY. (C) Documentation of expenses as identified in the Bid. DEPARTMENT must establish and maintain, on a current basis, and adequate accounting system in accordance with generally accepted accounting principles and standards and OMB Circular A-122. All expenditures must be documented by receipts, invoices, canceled checks, inventory records, or other appropriate documents for non -personnel cost, and time records for personnel costs, which completely discloses the amount and nature of the expenditures. (D) Any such other related records as CITY shall require. Reports. (A) Payment Request. (B) Quarterly Performance Report. DEPARTMENT shall submit to the CITY every three (3) months, quarterly reports, which shall be a statement describing the steps and approaches taken to meet the specified goals. This report shall include a project activity statement and shall include any program income, any joint funding, and nonexpendable and expendable personal property purchased or leased with CDBG and CDBG-CV funds. These reports must trace the CDBG and CDBG-CV funds award to a level of expenditure adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable law. (C) Final Evaluation Report. DEPARTMENT shall annually make available for inspection its performance, financial and all other records pertaining to performance of this MOU to authorized CITY and HUD personnel, and allow said personnel to inspect and monitor its facilities and program operations, including the interview of Operation Agency staff and program participants as required by the CITY. The DEPARTMENT agrees to submit all data that are necessary to complete the Annual Performance Report in accordance with HUD requirements and no later than fifteen (15) days prior to the expiration of this MOU. (D) Any such other reports as the CITY shall require. Program Income. DEPARTMENT shall comply with the program income requirements set for in 24 CFR 570.504(c). At the end of the MOU expiration/termination, DEPARTMENT shall remit all and any program income balances (including investments thereof) held by DEPARTMENT (except those needed for immediate cash needs, cash balances or a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs) as required §570.503 (b)(8). Reversion of Assets. Upon the expiration of the MOU, DEPARTMENT shall transfer to the CITY any CDBG and CDBG-CV funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG and CDBG-CV funds, including any real property under the DEPARTMENT's control that was acquired or improved in whole or in part with CDBG and CDBG-CV-CV funds (including CDBG and CDBG-CV funds provided to the DEPARTMENT. in the form of a loan) in excess of $25,000 is either: (i) Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of the MOU, or for such longer period of time as determined to appropriate by CITY; or (ii) Not used in accordance with paragraph (b)(7)(i) of 24 CFR 570.503, in which event the DEPARTMENT shall pay to the CITY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG and non-CDBG- CV funds for the acquisition of, or improvement to, the property. The payment is program income to the CITY (No payment is required after period of time specified in §570.503(b)(7)(i)). Uniform Administrative Requirements. DEPARTMENT shall comply with applicable uniform administrative requirements as described in 24 CFR 84 as modified by 24 CFR 570.502(b), OMB Circular A-122 Cost Principals for Non -Profit Organizations, and OMB Circular A-133 Audits of States, Local Governments and Non -Profit Organizations. Compliance with Applicable Laws. DEPARTMENT agrees to comply fully with all applicable federal, State and local laws, ordinances, regulations, and permits, including but not limited to federal CDBG and CDBG-CV financial and contractual procedures, and OMB Circular A-110 with Attachments A, B, C, F, H, N, and O, as set forth in 24 CFR 570.502(b). Said federal documents are on file at the CITY, and are incorporated herein by reference. DEPARTMENT shall secure any new permits required by authorities herein with jurisdiction over the project, and shall maintain all presently required permits. DEPARTMENT shall ensure that the requirements of the California Environmental Quality Act are met for any permits or other entitlements required to carry out the terms of this MOU. Political Activities. DEPARTMENT is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities as defined in 24 CFR 570.207(a)(3), lobbying, political patronage, and nepotism activities. Affirmative Action Policy. Provisions of Program Services (A) DEPARTMENT shall not on the ground of race, color, national origin or sex, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG and CDBG-CV funds. (B) DEPARTMENT shall not under any program or activity funded in whole or in part with CDBG and CDBG-CV funds, on the ground of race, color, national origin, or sex: 1. Deny any facilities, services, financial aid or other benefits provided by the program or activity. 2. Provide any facilities, services, financial aid or other benefits which are different or are provided in a different form from that provided to other under the program or activity. 3. Subject to segregated or separate treatment in any facility in, or in any matter or process related to receipt of any service or benefit under the program or activity. 4. Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. 5. Treat an individual differently from another in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet, in order to be provided any facilities, services or other benefit provided under the program or activity. 6. Deny an opportunity to participate in a program or activity as an employee. (C) DEPARTMENT may not utilize criteria or methods of administration which have the effective of subjecting individuals to discrimination on the basis of race, color, national origin, or sex, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, color, national origin, or sex. (D) DEPARTMENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG and CDBG-CV funds, may not make selections of such site or location which have the effect of excluding individuals from, denying from the benefits of, or subjecting them to discrimination on the ground of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendment thereto. (E) In administrating a program or activity funded in whole or in part with CDBG and CDBG- CV funds regarding which the DEPARTMENT has previously discriminated against persons on the grounds of race, color, national origin or sex, the DEPARTMENT must take affirmative action to overcome the effects or prior discrimination. Even in the absence of such prior discrimination, DEPARTMENT in administrating a program or activity funded in whole or in part with CDBG and CDBG-CV-CV funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin or sex. Where previous discriminatory or usage tends on the ground of race, color national origin or sex to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which CDBG and CDBG-CV-CV funding applies, DEPARTMENT has an obligation to take reasonable action to remove or overcome the consequences or the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. DEPARTMENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in service or facilities provided to any geographic area of specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. (F) Nothwithstanding anything to the contrary in (A) -(E) nothing contained herein shall be construed to prohibit any DEPARTMENT from maintaining or construction separate living facilities or rest room facilities for different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed by a member of the same sex as the recipients of the services. Employment Discrimination (A) DEPARTMENT shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, familial status or handicap. DEPARTMENT shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, age, familial status or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training including apprenticeship. DEPARTMENT agrees to post in a conspicuous place available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. (B) DEPARTMENT shall, in all solicitations or advertisements for employees placed by or on behalf of DEPARTMENT, sate that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, familial status or handicap. (C) DEPARTMENT shall send to each labor union or representative of workers with which it has a collective bargaining MOU or other contract or understanding, a notice to be provided by CITY's contracting officers advising the labor union or workers' representative of Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in a conspicuous place available to employees and applicants for employment. (D) DEPARTMENT shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (E) DEPARTMENT shall furnish to the CITY all information and reports required by Executive Order 11246 of September 24, 1965. And by the related rules, regulation, and orders. (F) In the event of DEPARTMENT's failure to comply with any rules, regulations, or order required to be complied with pursuant to this MOU, CITY may cancel, terminate, or suspend in whole or in partits performance and DEPARTMENT may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (G) DEPARTMENT shall include the provisions of Section 3.2.18.2(A) -(F) in every sub -contract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each sub -contractor rider as the CITY may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event DEPARTMENT becomes involved in, or is threatened with, litigation with a sub -contractor or vendor as a result of such direction by the CITY, DEPARTMENT may request the Unites States to enter into such litigation to protect the interest of the United States. (H) DEPARTMENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Action of 1975 (42 U.S.C. 6101 et seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). ( I ) DEPARTMENT shall also provide ready access to and use of all CDBG and CDBG-CV fund assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 at seq.) and with the requirements of the Americans with Disabilities Act (ADA). Remedies. In the event of DEPARTMENT's failure to comply with any rules, regulations, or orders required to be complied with pursuant to the MOU, CITY may cancel, terminate, or suspend in whole or in part its performance and DEPARTMENT may be declared ineligible for further government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. Ineligibility of DEPARTMENT. DEPARTMENT shall not use CDBG and CDBG-CV funds directly or indirectly in its operations or to comply, award contracts to, or otherwise engage the services of, or fund any contractor during any period of debarment, suspension, or placement in ineligibility status of any contractor under the provisions of 24 CFR Part 24. Assignability. DEPARTMENT shall not assign or transfer any interest in this MOU, whether by assignment, delegation or novation, without the prior written consent of the CITY; provided, however, that claims for money are to become due to DEPARTMENT from CITY under this MOU may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Any assignment, delegation or novation other that as provided above shall be void, and inoperative. Notice of any proper assignment or transfer shall be promptly furnished to CITY. Conditions for Religious Organization. DEPARTMENT shall comply with all applicable conditions prescribed by HUD under 24 CFR 570.2000) and 24 CFR 5.109 for the use of CDBG and CDBG-CV funds by religious organization if DEPARTMENT is a religious organization. Licensing. DEPARTMENT agrees to obtain and maintain all licenses, registrations, accreditation and inspections from all agencies governing its operations. DEPARTMENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing contractors funded hereunder. Conflict of interest & Procurement Standards and Methods. In the procurement of supplies, equipment, construction, and services by contract, the conflict of interest provisions in Attachment O of OMB Circular A-110, and provisions of 24 CFR 84.82; 24 CFR 570.502 and 570.611 shall apply. Other Program Requirements. DEPARTMENT shall carry out contract activities in compliance with all Federal laws and regulations described in Subpart K of 24 CFR 570, except the following: (i) DEPARTMENT does not assume the CITY's environmental responsibilities; and (ii) DEPARTMENT does not assume CITY's responsibility for initiating the review process under the provision of 24 CFR Part 52.