2013/10/10 Valley-Wide Recreation and Park District CDBG Youth Scholarship Program AGREEMENT BETWEEN CITY OF MENIFEE
AND
VALLEY-WIDE RECREATION AND PARK DISTRICT
FOR
PUBLIC SERVICES FOR THE CITY OF MENIFEE COMMUNITY DEVELOPMENT BLOCK
GRANTPROGRAM
THIS AGREEMENT, entered this V)"�day of OC , 20 13 by and between the CITY OF
MENIFEE (herein called the "Grantee") and VALLEY-WIDE RECREATION AND PARK DISTRICT
herein called the"Subrecipient").
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law
93-383; and
WHEREAS,the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds;
NOW,THEREFORE, it is agreed between the parties hereto that;
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a Community Development Block Grant
(CDBG) Year 2013-2014 Public Services Program in a manner satisfactory to the Grantee and
consistent with any standards required as a condition of providing these funds. Such program will
include the following activities eligible under the CDBG program:
Program Delivery
Activity #1 Youth Scholarship Program that provides scholarships to youth from low and
moderate income families who could not otherwise afford to participate in the sports and
recreation programs offered by Valley-Wide. Partial or full scholarships range from $12.50 to
$75.00 depending on the activity and the need.
Services will be provided to at least two hundred twenty(220) Low and Moderate Income(LMI)
persons.
General Administration
Subrecipient will be responsible for the general administration of the activities described under
Section A (Activities) for Program Year 2013-2014 activities set forth herein in a manner
satisfactory to Grantee and consistent with the standards set forth in the Grant Agreement
between Grantee and Surecipient. Such program will include the following activities eligible:
1. Project Monitoring
2. Project Fiscal Management
3. Project Reporting
B. National Objectives
All activities funded with CDGB funds must meet one of the CDBG progrvn's National
Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of
slums or blight; or meet community development needs having a particular urgency, as defined
in 24 CFR 570.208.
The Subrecipient certifies that the activity (ies) carried out under this Agreement will meet a
national objective by providing services which directly benefit LMI persons. The Subrecipient
will provide the services described within Section A (Activities) to a minimum of 220 LMI
persons. The Subrecipient shall document and maintain records of the number of LMI persons
served throughout the year.
C. Levels of Accomplishment-Goals and Performance Measures
The Subrecipient agrees to provide the following levels of program services:
Activity Total Units/Year
Activity#1 At Least 220 LMI Persons
Low Moderate Person (LMI) is defined as a person having an income equal or less to than 80%
of the area median income, and outlined in the following table, or persons presumed to be LMI in
accordance with Section 570.208 (2)(a) of 24 CFR (Code offederal Regulations).
Riverside County Area Median Income(Fiscal Year 2013): $62,600
Extremely Low Income
Family Limits Very Low Income Limits Low Income Limits
Members (300%1 of Median) (50'%o�of Median) (80% of Median)
In
Household Annual Monthly Annual Monthly Annual Monthly
1 $13,400 $1,117 $22,300 $1,858 $35,700 $2,975
2 $15,300 $1,275 $25,500 $2,125 $40,800 $3,400
3 $17,200 $1,433 $28,700 $2,392 $45,900 $3,825
4 $19,100 $1,592 $31,850 $2,654 $50,950 $4,246
5 $20,650 $1,721 $34,400 $2,867 $55,050 $4,588
6 $22,200 $1,850 $36,950 $3,079 $59,150 $4,929
7 $23,700 $1,975 $39,500 $3,292 $63,200 $5,267
8 $25,250 $2,104 $42,050 $3,504 $67,300 $5,608
D. Staffine
Subrecipient shall ensure adequate and appropriate staffing is allocated to each activity identified
under Section A (Activities). Nothing contained in this Agreement is intended to, or shall be
construed in any manner, as creating or establishing the relationship of employer/employee
between the parties. Subrecipient shall at all times remain an "independent contractor" with
respect to the services to be performed under this Agreement. The Grantee shall be exempt from
payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance
and Workers' Compensation Insurance, as the Subrecipient is an independent contractor.
E. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards as stated above. Substandard performance as determined by the Grantee will constitute
noncompliance with-this Agreement. If action to correct such substandard 'performance is not
taken by the Subrecipient within a reasonable period of time after being notified by the Grantee,
contract suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of July, 2013 and end on the 30' day of
June 2014. The term of this Agreement and the provisions herein shall be extended to cover any
additional time period during which the Subrecipient remains in control of CDBG funds or other
CDBG assets, including program income.
III. BUDGET
Line Item Amount:
Salaries $0
Fringe 0
Office Space(Program only) 0
Utilities 0
Communications 0
Reproduction/Printing 0
Supplies and Materials 0
Mileage 0
Audit 0
Scholarships 10,000
Indirect Costs(Specify) 0
TOTAL $10,000
Any indirect costs charged must be consistent with the conditions of Paragraph VIII (C)(2) of this
Agreement. In addition, the Grantee may require a more detailed budget breakdown than the one
contained herein, and the Subrecipient shall provide such supplementary budget information in a
timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget
must be approved in writing by both the Grantee and the Subrecipient.
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this
Agreement shall not exceed $10,000. Drawdowns for the payment of eligible expenses shall be
made against the fine item budgets specified in Paragraph III herein and in accordance with
performance. Expenses for general administration shall also be paid against the line item budgets
specified in Paragraph III and in accordance with performance.
Reimbursement payments shall be made to: Valley-Wide Recreation and Park District
P.O.Box 907 San Jacinto, CA 92581-0907.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
V. NOTICES
Subrecipient shall notify Grantee of any of the following changes:
o Loss of Non-Profit Status;
o Change in Leadership of the Organization or changes in staff administering this
Subrecipient agreement.
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
Communication and details concerning this contract shall be directed to the following contract
representatives:
Grantee Subrecipient
Terri Willoughby, Finance Director Dean Wetter, General Manager
City of Menifee Valley-Wide Recreation and Park District
29714 Haun Road 901 W. Esplanade Avenue
Me ifee, CA 92586 San Jacinto, CA 92582
Phone: (951) 672-6777 Phone: (951) 654-1505
Fax: (951) 679-3843 Fax: (951) 654-5279
VI. SPECIAL CONDITIONS
None
VII. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart I{ of these regulations,
except that (1) the Subrecipient does not assume the recipient's environmental responsibilities
described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52. The
Subrecipient also agrees to comply with all other applicable Federal, state and local laws,
regulations, and policies governing the funds provided under this contract. The Subrecipient
further agrees to utilize funds available under this Agreement to supplement rather than supplant
funds otherwise available.
B. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any maimer, as
creating or establishing the relationship of employer/employee between the parties. The
Subrecipient shall at all times remain an"independent contractor" with respect to the services to
be performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance, as the Subrecipient is an independent contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims,
actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance
or nonperformance of the services or subject matter called for in this Agreement.
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
E. Insurance &Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due
to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity
bond covering all employees in an amount equal to cash advances from the Grantee.
The Subrecipient shall comply with the bonding and insurance requirements of 24 CPR 84.31 and
84.48,Bonding and Insurance.
The Subrecipient will not be relieved of any liability, claims, demands, or other obligations
assumed by its failure to procure or maintain insurance, or its failure to procure or maintain
insurance in sufficient amounts, durations, or types.
Failure on the part of the Subrecipient to procure or maintain policies providing the required
coverages, conditions and minimum limits will constitute a material breach of this Agreement,
upon which the Grantee may invnediately terminate this contract.
F. Licensing
The Subrecipient agrees to comply with and obtain at its own expense, if necessary, all applicable
Federal, State, County or Municipal standards for licensing, certifications and operation of
facilities and programs, and accreditation and licensing of individuals, and any other standards or
criteria as described in this Agreement to assure quality of services.
In the event of an investigation or suspension regarding any Subrecipient license related to the
services for which the Grantee is providing finding under this Agreement, the Grantee may
terminate this Agreement and withhold further Agreement funds. In addition, monies already
received under this Agreement may be owed back to the Grantee.
G. Grantee Recognition
The Subrecipient shall insure recognition of the role of the Grantee in providing services through
this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be
prominently labeled as to funding source. In addition, the Subrecipient will include a reference to
the support provided herein in all publications made possible with funds made available under
this Agreement.
H. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the Grantee's governing
body. Such amendments shall not invalidate this Agreement, no'relieve or release the Grantee or
Subrecipient from its obligations under this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities
to be undertaken as part of this Agreement, such modifications will be incorporated only by
written amendment signed by both Grantee and Subrecipient.
I. Suspension or Termination
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the
Subrecipient materially fails to comply with any terms of this Agreement,which include (but are
not limited to)the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies or
directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of funds provided wider this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect or
incomplete in any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by
either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such
termination,the effective date, and, in the case of partial term nation,the portion to be terminated.
However, if in the case of a partial termination, the Grantee determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the Grantee may
terminate the award in its entirety.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars A-
122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for
Educational Institutions," as applicable. These principles shall be applied for all costs
incurred whether charged on a direct or indirect basis.
[Note: For the above sections, if the Subrecipient is a governmental or quasi-
governmental agency, the applicable section of 24 CFR Part 85, "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, "and OMB Circular A-87 would apply.]
B. Documentation and Record Keening
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified
in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement.
Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement,use or disposition
of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
g. Other records necessary to document compliance with Subpart K of 24 CFR
Part 570.
2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical
records, and all other records pertinent to the Agreement for a period of four (4) years.
The retention period begins on the date of the submission of the Grantee's annual
performance and evaluation report to HUD in which the activities assisted under the
Agreement are reported on for the final time. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the records
cited and that have started before the expiration of the four-year period, then such records
must be retained until completion of the actions and resolution of all issues, or the
expiration of the four-year period, whichever occurs later.
3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to, client name, address, income
level or other basis for determining eligibility, and description of service provided. Such
information shall be made available to Grantee monitors or their designees for review
upon request.
4. Disclosure
The Subrecipient understands that client information collected under this contract is
private and the use or disclosure of such information, when not directly connected with
the administration of the Grantee's or Subrecipient's responsibilities with respect to
services provided wider this contract, is prohibited unless written consent is obtained
from such person receiving service and, in the case of a minor, that of a responsible
parent/guardian.
5. Close-outs
The Subrecipient's obligation to the Grantee shall not end until all close-out requirements
are completed. Activities during this close-out period shall include,but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the Grantee), and determining the custodianship of records. Not
withstanding the foregoing, the terms of this Agreement shall remain in effect during any
period that the Subrecipient has control over CDBG funds, including program income.
Subrecipients will have thirty (30) days, August her, after the end of the program/project
period, as defined in Section II (Time of Performance) to submit all final reimbursement
request(s),progress reports, and comprehensive annual report.
6. Audits &Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be
made available to the Grantee, grantor agency, and the Comptroller General of the United
States or any of their authorized representatives, at any time during normal business
hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts
of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the
Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient
to comply with the above audit requirements will constitute a violation of this contract
and may result in the withholding of future payments. The Subrecipient hereby agrees to
have an annual agency audit conducted in accordance with current Grantee policy
concerning subrecipient audits and OMB Circular A-133.
C. Reporting and PayrnentProcedures
1. Program Income
The Subrecipient shall report quarterly all program income (as defined at 24 CPR
570.500(a)) generated by activities carried out with CDBG funds made available under
this contract. The use of program income by the Subrecipient shall comply with the
requirements set forth at 24 CPR 570.504. By way of further limitations, the Subrecipient
may use such income during the contract period for activities permitted under this
contract and shall reduce requests for additional funds by the amount of any such
program income balances on hand. All unexpended program income shall be returned to
the Grantee at the end of the contract period. Any interest earned on cash advances from
the U.S. Treasury and from funds held in a revolving fiord account is not program income
and shall be remitted promptly to the Grantee.
2. Indirect Costs
If indirect costs are charged,the Subrecipient will develop an indirect cost allocation plan
for determining the appropriate Subrecipient's share of administrative costs and shall
submit such plan to the Grantee for approval, in a form specified by the Grantee.
3. Payment Procedures
The Grantee shall reimburse the Subrecipient only for actual incurred costs upon
presentation of properly executed reimbursement forms as provided and approved by the
Grantee. Only those allowable costs directly related to this Agreement shall be paid. The
amount of each request must be limited to the amount needed for payment of eligible
costs.
hi the event that the Grantee or HUD determines that ally funds were expended by the
Subrecipient for unauthorized or ineligible purposes or the expenditures constitute
disallowed costs in any other way, the Grantee or HUD may order repayment of the
same. The Subrecipient shall remit the disallowed amount to the Grantee within thirty
(30) days of written notice of the disallowance.
A. The Subrecipient agrees that funds determined by the Grantee to be surplus upon
completion of the Agreement will be subj ect to cancellation by the Grantee.
B. The Subrecipient aggress that upon expiration of this Agreement, the
Subrecipient shall transfer to the Grantee any CDBG funds on hand at the time of
the expiration and any accounts receivable attributable to the use of CDBG
funds.
C. The Grantee shall be relieved of any obligation for payments if funds allocated to
the Grantee cease to be available for any cause other than misfeasance of the
Grantee itself.
D. The Grantee reserves the right to withhold payments pending timely delivery of
program reports or documents as may be required under this agreement.
Payments will be provided through a reimbursement/invoicing method only, with
payment issued by the Grantee after actual costs have been incurred and paid by
Subrecipient.
All costs shall be supported by properly executed payrolls, time records, invoices,
vouchers or other official documentation, as evidence of the nature and propriety of the
charges. All accounting documents pertaining in whole or in part to this Agreement shall
be clearly identified and readily accessible, and upon reasonable notice, the Grantee and
HUD shall have the right to audit the records of the Subrecipient as they relate to the
Agreement and the activities and services described herein.
Payment Reimbursement Requests will be submitted at a minimum on a quarterly
basis. Failure to submit reimbursement requests in a timely basis may lead to
reallocation of project funds.
The Subrecipient shall also:
A. Maintain an effective system of internal fiscal control and accountability for all
CDBG funds and property acquired or improved with CDBG funds, and make
sure the same are used solely for authorized purposes.
B. I{eep a continuing record of all disbursements by date, check number, amount,
vendor, description of items purchased and line item from which the money was
expended, as reflected in the Subrecipient's accounting records.
C. Maintain payroll, financial, and expense reimbursement records for a period of
four(4)years after receipt of final payment under this Agreement.
D. Permit inspection and audit of its records with respect to all matters authorized
by this Agreement by representatives of the Grantee or HUD at any time during
normal business hours and as often as necessary.
E. Inform the Grantee concerting any funds allocated to the Subrecipient, that the
Subrecipient anticipates will not be expended during the term of this Agreement,
and permit the reassignment of the same by the Grantee to other Subrecipients.
F. Repay the Grantee any funds in its possession at the time of the termination of
this Agreement that may be due to the Grantee or HUD.
G. Maintain complete records concerning the receipt and use of all program income.
Program income shall be reported on a monthly basis on forms provided by the
Grantee.
4. Progress Reports
The Subrecipient shall submit regular Progress Reports to the Grantee in the form,
content, and frequency as required by the Grantee. Progress Reports must be submitted at
a minimum on quarterly basis. Reporting Periods are defined in the following table:
Quarter Reporting Period Due Date
1 July-September October 20
2 October-December January 20
3 January-March April 20
4 March-June July 20
Additionally, an annual comprehensive report including inventory of all
services/activities provided or performed by CDBG funds, and financial report shall be
submitted at the end of the program year. The annual report shall be submitted no later
than August 1 st.
D. Procurement
1. Compliance
The Subrecipient shall comply with current Grantee policy concerning the purchase of
equipment and shall maintain inventory records of all non-expendable personal property
as defined by such policy as may be procured with funds provided herein. All program
assets (unexpended program income, property, equipment, etc.) shall revert to the
Grantee upon termination of this Agreement.
2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all
materials, property, or services in accordance with the requirements of 24 CFR 84.40-48.
3. Travel
The Subrecipient shalt obtain written approval from the Grantee for any travel outside the
metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
I. The Subrecipient shall transfer to the Grantee any CDBG fluids on hand and any
accounts receivable attributable to the use of funds under this Agreement at the time
of expiration, cancellation, or termination.
2. In all cases in which equipment acquired, in whole or in part, with Ilmds under this
Agreement is sold, the proceeds shall be program income (prorated to reflect the
extent to that funds received under this Agreement were used to acquire the
equipment). Equipment not needed by the Subrecipient for activities under this
Agreement shall be (a) transferred to the Grantee for the CDBG program or (b)
retained after compensating the Grantee an amount equal to the current fah- market
value of the equipment less the percentage of non-CDBG funds used to acquire the
equipment.
X. PERSONNEL&PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with [fill in local and state civic rights ordinances
here] and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the
Housing and Community Development Act of 1974 as amended, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
570,607, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
3. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which
prohibits discrimination against the individuals with disabilities or handicaps in ,my
Federally assisted program. The Grantee shall provide the Subrecipient with any
guidelines necessary for compliance with that portion of the regulations in force during
the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's
specifications an Affirmative Action Program in keeping with the principles as provided
in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide
Affirmative Action guidelines to the Subrecipient to assist in the formulation of such
program. The Subrecipient shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds.
2. Women- and Minority-Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this contract. As used in this contract, the terms "small
business" means a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one (51) percent owned and controlled by
minority group members or women. For the purpose of this definition, "minority group
members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage
Americans, Asian-Americans, and American Indians. The Subrecipient may rely on
written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its own subreeipients or subcontractors
to furnish all information and reports required hereunder and will permit access to its
books, records and accounts by the Grantee, HUD or its agent, or other authorized
Federal officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or worker's
representative of the Subreeipient's commitments hereunder, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
5. Equal Employment Opportunity and Affirmative Action(EEO/AA) Statement
The Subrecipient will, in all solicitations or advertisements for employees placed by or on
behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action
employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B,
Affirmative Action, in every subcontract or purchase order, specifically or by reference,
so that such provisions will be binding upon each of its own subrecipients or
subcontractors.
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed
in the administration of the program for: political activities; inherently religious
activities; lobbying; political patronage; and nepotism activities.
Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis-Bacon Act as amended, the provisions of Contract Work
Hours and. Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal,
state and Local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement. The Subrecipient agrees to comply with the
Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations
of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain
documentation that demonstrates compliance with hour and wage requirements of this
part. Such documentation shall be made available to the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under
contracts in excess of$2,000,00 for construction, renovation or repair work financed in
whole or in part with assistance provided under this contract, shall comply with Federal
requirements adopted by the Grantee pertaining to such contracts and with the applicable
requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5
and 7 governing the payment of wages and ratio of apprentices and trainees to journey
workers; provided that, if wage rates higher than those required under the regulations are
imposed by state or local law,nothing hereunder is intended to relieve the Subrecipient of
its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause
or require to be inserted in full, in all such contracts subject to such regulations,
provisions meeting the requirements of this paragraph.
2. "Section 3" Clause
a. Com lip ance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as
amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this
contract, shall be a condition of the Federal financial assistance provided wader
this contract and binding upon the Grantee, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors. Failure to fulfill these
requirements shall subject the Grantee, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors, their successors and assigns, to
those sanctions specified by the Agreement through which Federal assistance is
provided. The Subrecipient certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements
and to include the following language in all subcontracts executed under this
Agreement:
"The work to be performed under this Agreement is a project
assisted under a program providing direct Federal financial
assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968,
as amended (12 U.S.C. 1701). Section 3 requires that to the
greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of
the project area, and that contracts for work in connection with
the project be awarded to business concerns that provide
economic opportunities for low- and very low-income persons
residing in the metropolitan area in which the project is
located."
The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead-based paint hazards), housing construction, or
other public construction project are given to low- and very low-income persons
residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood in which the
project is located, and to low- and very low-income participants in other IUD
programs; and award contracts for work undertaken in connection with a housing
rehabilitation (including reduction and abatement of lead-based paint hazards),
housing construction, or other public construction project to business concerns
that provide economic opportunities for low- and very low-income persons
residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low-income residents within the
service area or the neighborhood in which the project is located, and to low- and
very low-income participants in other FILM programs.
The Subrecipient certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or worker's
representative of its connnitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the grantor agency. The
Subrecipient will not subcontract with any entity where it has notice or
knowledge that the latter has been found in violation of regulations under 24
CFR Part 135 and will not let any subcontract unless the entity has first provided
it with a preliminary statement of ability to comply with the requirements of
these regulations.
D. Conduct
1. Assirability
The Subrecipient shall not assign or transfer any interest in this Agreement without the
prior written consent of the Grantee thereto; provided, however, that claims for money
due or to become due to the Subrecipient from the Grantee under this contract may be
assigned to a bank, trust company, or other financial institution without such approval.
Notice of any such assignment or transfer shall be furnished promptly to the Grantee
2. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this contract without the written consent of the
Grantee prior to the execution of such agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis to
assure contract compliance. Results of monitoring efforts shall be summarized in
written reports and supported with documented evidence of follow-up actions
taken to correct areas of noncompliance.
c. Content
The Subrecipient shall cause all of the provisions of this contract in its entirety to
be included in and made a part of any subcontract executed in the performance of
this Agreement.
d. Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open competition
basis in accordance with applicable procurement requirements. Executed copies
of all subcontracts shall be forwarded to the Grantee along with documentation
concenning the selection process.
3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this
Agreement, shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which
include(but are not limited to)the following:
a. The Subrecipient shall maintain a written code or standards of conduct
that shall govern the performance of its offices, employees or agents
engaged in the award and administration of contracts supported by
Federal funds.
b. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by
Federal funds if a conflict of interest, real or apparent, would be
involved.
C. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a
position to 'participate in a decision-making process or gain inside
inforniation with regard to such activities, may obtain a financial interest
in any contract, or have a financial interest in any contract, subcontract,
or agreement with respect to the CDBG-assisted activity, or with respect
to the proceeds from the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during
their tenure or for a period of one(1) year thereafter. For purposes of this
paragraph, a "covered person" includes any person who is an employee,
agent, consultant, officer, or elected or appointed official of the Grantee,
the Subrecipient, or any designated public agency.
5. Lobbying
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the mitering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence 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, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying,"in accordance with its instructions; and
G. It will require that the language of paragraph (d) 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:
d. Long Certification
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.C. 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.
6. Conyright
If this contract results in any copyrightable material or inventions, the Grantee and/or
grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work or materials
for governmental purposes.
7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for
inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious
instruction, or proselytization.
XI. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the
performance of this Agreement:
- Clean Air Act, 42 U.S.C. , 7401, et seq.;
-Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as
other requirements specified in said Section 114 and Section 308, and all regulations
and guidelines issued thereunder;
- Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the
Federal Emergency Management Agency (FEMA) as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained as a
condition of financial assistance for acquisition or construction purposes (including
rehabilitation).
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations
at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-
assisted housing and require that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may include lead-based paint.
Such notification shall point out the hazards of lead-based paint and explain the symptoms,
treatment and precautions that should be taken when dealing with lead-based paint poisoning and
the advisability and availability of blood lead level screening for children under seven. The notice
should also point out that if lead-based paint is found on the property, abatement measures may
be undertaken. The regulations further require that, depending on the amount of Federal funds
applied to a property, paint testing, risk assessment, treatment and/or abatement may be
conducted.
D. Historic Preservation
The Subrecipient agrees to comply with
p g p y w the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures sett
forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, state, or local historic property list.
XII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
XIII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
XIV. WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right
to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
XV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the
use of funds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between the Grantee and the
Subrecipient with respect to this Agreement.
IN WITNESS WHEREOF,the Parties have executed this contract as of the date first written above.
[ ntee] [Subrecipient] p
By: By
ROBER OHNSON, NFERIM CITY MANAGER DEAN WETTER,^GENERAL MANAGER
Date: ��(> Date: �o
Attest
CITY CLERK /
Countersigned:y ,�zZ !Y/`z
FINANCE OFFICER
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
G= Fed I.D. #
Y ATTO EY