2018/07/01 Boys and Girls Club of Menifee Valley CDBG - Low Income after school programCOMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN
CITY OF MENIFEE
AND
BOYS & GIRLS CLUB OF MENIFEE VALLEY
FOR
PUBLIC SERVICES FOR THE CITY OF MENIFEE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
("Agreement"), entered into as of this I't day of July, 2018 by and between the CITY OF
MENIFEE, a Califomia municipal corporation ("Grantee"), and BOYS & GIRLS CLUB OF
MENIFEE VALLEY, a California nonprofit corporation ("Subrecipient").
RECITALS
WHEREAS, Grantee pa(icipates in the Community Development Block Crant program
administered by the United States Department of Housing and Urban Development (*HUD')
under Title I of the Housing and Community Development Act of 1974 (42 U.S.C. $$ 5301 et seq.)
as amended from time to time, and the regulations promulgated thereunder (24 C.F.R. $$ 570 et
seq.). Pursuant to the Community Development Block Grant program, Grantee receives funds
from HUD C'CDBG Funds") to be used for the support of community development activities that
meet at least one of the three national objectives ofthe program: (i) benefiting low and moderate
income persons, (ii) preventing and eliminating slums and blight, and (iii) addressing a community
development need having a pa(icular urgency;
WHEREAS, Subrecipient is a nonprofit organization dedicated to providing a safe,
positive, and affordable place for children in Menifee Valley, especially those who are at risk, to
reach their full potential as caring, productive, and responsible citizens, including resident children
of Grantee;
WHEREAS, Subrecipient desires to utilize CDBG Funds to provide services to the people
in the Menifee Valley, including residents of Grantee;
WHEREAS, Grantee desires to assist Subrecipient with the foregoing by providing
financial assistance to Subrecipient in the form of a grant of CDBG Funds in the amount not to
exceed Fifteen Thousand Five Hundred Six Dollars and Zero Cents ($15,506) ("City Grant")
to be used by Subrecipient for certain expenses related to the Program, more particularly described
herein as the "Eligible Project Expenses"; and
WHEREAS, Grantee's provision of the City Grant to Subrecipient pursuant to this
Agreement, and the fulfillment generally of this Agreement, are in the vital and best interests of
Grantee and the welfare of its residents, and in accordance with the purpose and provisions of the
Community Development Block Grant program.
NOW, THEREFORE, based upon the foregoing Recitals and for good and valuable
consideration, the receipt and sufficiency of which is acknowledged by both parties, Grantee and
Subrecipient hereby agree as follows:
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Subrecipient will be responsible for administering a Community Development Block Grant
C'CDBG') Year 201812019 Public Services Program ("Program") in a manner satisfactory to
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: Scholarships for programs and services to low moderate income ("LMI")
persons, including, but not limited to: Before and After School Program which provides
transportation for enrolled youth to and from school ("Services"). Working parents can
drop off their children at the Boys and Girls Club prior to commuting to work. Through
the program, the children are transported to school by a licensed, certified individual.
Children are provided a healthy snack and beverages and then participate in the "Power
Hour" homework and tutoring program. Services will be provided to at least two hundred
forty (240) LMI persons.
General Administration
Subrecipient will be responsible for the general administration ofthe Program activities set
forth herein in a manner satisfactory to Grantee and consistent with the standards set forth
in this Agreement. General administration ofthe Program includes the following activities:
l. Project Monitoring
2. Project Fiscal Management
1. Project Reporting
B. National Obiectives
All activities funded with CDGB Funds must meet one of the CDBG program's national
objectives: (i) benefiting low and moderate income persons, (ii) preventing and eliminating slums
and blight, and (iii) addressing a community development need having a particular urgency, as
defined in 24 C.F.R. $ 570.208.
Subrecipient certifies that the Services will meet one of the CDBG program's national
objectives by providing services that directly benefit LMI persons. Subrecipient will provide the
Services to a minimum of two hundred forty (240) LMI persons. Subrecipient shall document and
maintain records of the number of LMI persons served throughout the year.
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I. SCOPE OF SERI'ICE
A. Activities
C. Levels of Accomplishment - Goals and Performance Measures
Subrecipient agrees to provide the following levels ofprogram services:
Activity
Activity#1
Total Units,Year
At Least Two Hundred Forty (240) LMI
Persons
LMI person ts defined as a person having an income equal or less to than 80o% of the area
median income, and outlined in the following table, or persons presumed to be LMI in
accordance with 24 c.F. R. $ 570.208(2)(a).
Riverside County Area Median Income (FY 2018): $65,800
Family
Members
In
Household
Extremely Low Income
Limits
(307o of Median)
Yery Low Income
Limits (507o of Median)
Low Income Limits
(80% of Median)
Annual Monthlv Annual Monthlv Annual Monthly
I $ 14,150 $1,179 $23,600 $ l,967 $37,7s0 $3,146
2 $ r6,200 $ r,350 $27,000 $2,250 s43,l s0 $3,s96
3 $18,200 $l,sr7 $33,350 s2,779 $48,5s0 $4,046
4 $20,200 $ 1,683 $33,700 $2,808 $s3,900 $4,492
5 $21,850 $1,821 $36,400 $3,033 $s8,250 $4,8s4
6 $23,450 $r,954 $39,100 $3,258 $62,s50 $5,213
7 $2s,050 $2,088 $41,800 $3,483 $66,850 $s,s7l
$26,700 $2,22s $44,s00 s3,708 $71,150 $5,929
D. Staffing
Subrecipient shall ensure adequate and appropriate staffing is allocated to performance of
the Services. 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. Grantee shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance, as Subrecipient is an independent contractor.
E. PerformanceMonitourrg
Grantee will monitor the performance of Subrecipient against goals and performance
standards stated above. Substandard performance as determined by Grantee will constitute
noncompliance with this Agreement. If action to correct such substandard performance is not
taken by Subrecipient within ten (10) days after being notified by Grantee of such substandard
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8
performance, Grantee may, but is not required to, initiate contract suspension or termination
procedures to suspend or terminate this Agreement.
IL TIME OF PERFORMANCE
III. BTJDGET
Subrecipient shall apply the City Grant funds received from Grantee under this Agreement
in accordance with the line item budget set forth as follows:
Eligible Project Expense Amount
Salaries $0
It is expressly agreed and understood that the total amount to be paid by Grantee under this
Agreement shall not exceed Fifteen Thousand Five Hundred Six Dollars and Zero Cents
($f5,506). Drawdowns for the payment of Eligible Project Expenses shall be made against the
line item budget specified in Section III (Budget) herein and in accordance with performance of
the Services. Expenses for general administration shall also be paid against the line item budgets
specified in Section III (Budget) and in accordance with performance ofthe Services.
City Grant payments shall be made to:
Boys & Girls Club of Menifee Valley
26301 Garbani Road
Communications 0
Fringe 0
OIfice Space (Program only) 0
Utilities 0
Scholarships 15,506
Indirect Costs (Specify)
TOTAL $15,506
Reproduction/Printing 0
Supplies and Materials 0
Mileage 0
Audit 0
Any indirect costs charged must be consistent with the conditions of this Agreement. In
addition, Grantee may require a more detailed budget breakdown than the one contained herein,
and Subrecipient shall provide such supplementary budget information in a timely fashion in the
form and content prescribed by Grantee. Any amendments to the budget must be approved in
writing by both Grantee and Subrecipient.
Iv. PAYMENT
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The term of this Agreement is from July 1,2018 through June 30, 2019. The term of this
Agreement and the provisions herein shall be extended to cover any additional time period during
which Subrecipient remains in control ofCDBG Funds or other CDBG asset, including Program
income.
Menifee, C4,92584
Payments may be contingent upon certification of Subrecipient's financial management
system in accordance with the standards specified in 24 C.F.R. $ 84.21.
V. NOTICES
Subrecipient shall notifr Grantee ofany ofthe following changes:
o Loss ofNon-Profit Status; or
r Change in leadership ofSubrecipient or changes in staff administering this 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 otler 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 conceming this contract shall be directed to the following
contract representatives :
Grantee Subreci D lent
Wendy Preece, Interim Finance Director
City of Menifee
29714 Haun Road
Menifee, CI'92586
Phone: (951) 672-6777
Fax: (951) 679-3843
John Whann, Executive Director
Boys & Girls Club of Menifee Valley
26301 Garbani Road
Menifee, CA 92584
Phone: (951) 246-8845
A. General Comoliance
Subrecipient shall carry out the Services and operate the Program in conformity with all
applicable Federal, state, and local laws, regulations, and rules of govemmental agencies having
jurisdiction, including without limitation, the CDBG Requirements (except that (1) Subrecipient
does not assume the environmental responsibilities described in 24 C.F.R. $ 570.604, and (2)
Subrecipient does not assume the responsibility for initiating the review process under the
provisions of24 C.F.R. Part 52) and the legal requirements set forth in Exhibit A attached to this
Agreement and the statutes referenced therein, all provisions ofthe Municipal Code ofthe City of
Menifee, and all federal and state fair labor standards, including the payment of prevailing wages
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VI. SPECIAL CONDITIONS
None
VII. GENERALCONDITIONS
and compliance with the Davis-Bacon Act. "CDBG Requirements" shall collectively refer to the
requirements of Title I of the Housing and Community Development Act of 1974 (42 U.S.C. $$
5301 et seq.) as amended from time to time, and the implementing regulations set forth in 24 C.F.R.
$$ 570 et seg. as amended from time to time, and the requirements set forth and referred to in
Exhibit A attached to this Agreement. Subrecipient further agrees to utilize funds available under
this Agreement to supplement rather than supplant funds otherwise available. In the case of any
conflict between the CDBG Requirements and this Agreement, the CDBG Requirements shall
control; it being understood, however, that in order to be in compliance with this Agreement and
the CDBG Requirements, Subrecipient shall, to the extent possible, comply with the most
restrictive provisions in this Agreement and the CDBG Requirements. Each and every provision
required by law to be included in this Agreement shall be deemed to be included, and this
Agreement shall be read and enforced as though all such provisions were included. Subrecipient
acknowledges and agrees that it shall be and remain, and shall cause Subrecipient personnel to be
and remain, fully knowledgeable and apprised of all local, state and federal laws, rules, and
regrlations in any manner affecting the performance under this Agteement, including the CDBG
Requirements. Subrecipient shall indemnifu, protect, defend, and hold harmless Grantee and its
officials, officers, employees, and agents, with counsel reasonably acceptable to Grantee, from and
against any and all loss, liability, damage, claim, cost, expense and./or "increased costs" (including
reasonable attomeys' fees, court and litigation costs, and fees of expert witnesses) that results or
arises in any way from any of the following: (a) the noncompliance by Subrecipient of any
applicable local, state and/or federal law, including, without limitation, any applicable federal
and./or state labor laws (including, without limitation, if applicable, the requirement to pay state or
federal prevailing wages and hire apprentices); (b) the implementation of Section 1781 of the
Labor Code, as the same may be amended fiom time to time, or any other similar law; and/or (c)
failure by Subrecipient to provide any required disclosure or identification as required by Labor
Code Section 1781, as the same may be amended from time to time, or any other similar law. The
foregoing indemnity shall survive termination or expiration of this Agreement. Itis agreed by the
parties that Subrecipient shall bear all risks ofpayment or nonpayment ofprevailing wages under
federal law and Califomia law and/or the implementation oflabor Code Section 1781, as the same
may be amended from time to time, and/or any other similar law. "Increased costs," as used in
this Section, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may
be amended from time to time.
B. Hold llarmless
Subrecipient shall indemnify, defend, and hold harmless Grantee and its officers, officials,
employees, representatives, and agents (each, an "Indemnitee") from and against any and all
liability, expense or damage of any kind or nature, and for, from and against any suits, claims or
demands, including legal fees and expenses, on account of or arising out of this Agreement or
otherwise in connection with ttre Program or Services, except to the extent ofsuch loss as may be
caused by the sole negligence or willful misconduct of an Indemnitee. Upon receiving knowledge
of any suit, claim or demand asserted by a third party that Grantee believes is covered by this
indemnity, Grantee shall give Subrecipient written notice of the matter and an opportunity to
defend it, at Subrecipient's sole cost and expense, with legal counsel satisfactory to Grantee.
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D. Insurance & Bonding
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 the amount ofthe City Grant.
Subrecipient shall comply with the bonding and insurance requirements of 24 C.F.R.
0$ 84.31 and 84.48, Bonding and Insurance.
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.
Subrecipient shall name Grantee and its officers, officials, employees, volunteers, agents,
and representatives as an additional insured under its general liability insurance and provide a copy
of its insurance certificate(s) to Grantee.
Failure on the part of Subrecipient to procure or maintain policies providing the required
coverages, conditions, and minimum limits will constitute a material breach of this Agreement,
upon which Grantee may immediately terminate this Agreement.
E. Licensinq
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, including the Program, and accreditation and licensing of individuals,
and any other standards or criteria as described in this Agreement to assure quality ofthe Services.
ln the event ofan investigation or suspension regarding any Subrecipient license related to
the Services under this Agreement, Grantee may terminate this Agreement and withhold further
City Grant funds. In addition, monies already received under this Agreement may be owed back
to Grantee.
F. Grantee Recosnition
Subrecipient shall ensure recognition of the role of 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. ln addition, Subrecipient will include a reference to the
support provided herein in all publications made possible with City Grant funds under this
Agreement.
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C. Workers'Comoensation
Subrecipient shall provide Workers' Compensation lnsurance coverage for all of its
employees involved in the performance of this Agreement.
G. Amendments
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 ofeach party, and approved by Grantee's goveming body. Such
amendments shall not invalidate this Agreement, nor relieve or release Grantee or Subrecipient
from its obligations under this Agreement.
Grantee may, in its discretion, amend this Agreement to conform with Federal, state, or
local govemmental 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 ofthis Agreement, such modifications will be incorporated only
by written amendment signed by both Grantee and Subrecipient.
In accordance with 24 C.F.R. $ 85.43, Grantee may suspend or terminate this Agreement
if Subrecipient materially fails to comply with any terms of this Agreement, which include (but
are not limited to) the following:
I . Failure to comply with any ofthe 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;
Failure, for any reason, of Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement;
3. lneffective or improper use of City Grant funds provided under this Agreement; or
4. Submission by Subrecipient to Grantee reports that are incorrect or incomplete in
any material respect.
In accordance with 24 C.F.R. $ 85.44, this Agreement may also be terminated for
convenience by either Grantee or Subrecipient, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial termination, the portion to be
terminated. However, if in the case of a partial termination, Grantee determines that the remaining
portion of the City Grant funds will not accomplish the purpose for which the gant was made,
Grantee may terminate this Agreement in its entirety.
VIII. ADMINISTRATIVERE OUIREMENTS
l. AccountinsStandards
Subrecipient agrees to comply with 24 C.F.R. $$ 84.21 - 84.28 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate intemal controls, and
maintain necessary source documentation for all costs incurred.
2
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H. Suspension or Termination
A. FinancialManasement
2. Cost Principles
Subrecipient shall administer its program in conformance with the requirements of The
Office of Management and Budget (OMB)"Super Circular" 2 CFR Part 200, which includes the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal
awards, as applicable. The Super Circular guidance superseded and consolidated the requirements
from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, A-133, and A-50. These principles
shall be applied for all costs incurred whether charged on a direct or indirect basis.
[Note: For the above sections, if Subrecipient is a governmental or quasi-governmental agency,
the applicable section of 24 C.F.R. Part 85, "Undorm Administrative Requirements for Grants
and Cooperative Agreements to State and Local Goyernments," and OMB Ctrcular A-87 would
applv.l
1. Records to be Maintained
Subrecipient shall maintain all records required by the Federal regulations specified in 24
C.F.R. $ 570.506, that are pertinent to the activities to be funded under this Agreement. Such
records shall include but not be limited to:
a.Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
Records required to determine the eligibility of activities;c
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 C.F.R. $ 570.502, and 24 C.F.R.
$$ 84.21 - 84.28; and
C. Other records necessary to document compliance with Subpart K of
24 C.F.R. Part 570.
Subrecipient shall retain all financial records, supporting documents, statistical records,
and all other records pertinent to this Agreement for a period of five (5) years. The retention period
begins on the date of the submission of Grantee's annual performance and evaluation report to
HUD in which the Services under this Agreement are reported on for the final time.
Notwithstanding the above, if there is any litigation, claim, audit, negotiation, or other action that
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B. Documentation and Record Keeping
2. Retention
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involves any ofthe records cited and that has started before the expiration ofthe five-year retention
period, then such records must be retained until completion of the litigation, claim, audit,
negotiation, or other action and the resolution ofall issues, or until the expiration of the hve-year
period, whichever occurs later.
J.Client Data
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 desigrees for review upon request.
4. Disclosure
Subrecipient understands that client information collected under this conffact is private and
the use or disclosure ofsuch information, when not directly connected with the administration of
Grantee's or Subrecipient's responsibilities with respect to the Services provided under this
Agreement, 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 ofperson receiving service.
5. Close-outs
Subrecipient's obligation to 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 retum of all unused materials,
equipment, unspent cash advances, program income balances, and accounts receivable to Grantee),
and determining the custodianship of records. Notwithstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that Subrecipient has control over CDBG
Funds, including program income.
Subrecipient will have thirty (30) days after the end of the period defined in Section II
(Time of Performance) to submit all final reimbursement request(s), progress reports, and a
comprehensive annual report.
6. Audits & Inspections
Subrecipient records with respect to any matters covered by this Agreement shall be made
available to Grantee, HUD, 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 Subrecipient within thirty (30) days
after receipt by Subrecipient of the audit report. Failure of Subrecipient to comply with the above
audit requirements will constitute a violation of this Agreement and may result in the withholding
by Grantee of future payments of the City Grant. Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy conceming subrecipient audits
and with the requirements of The Office of Management and Budget (OMB)"Super Circular" 2
CFR Part 200, which includes the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for federal awards, as applicable. The Super Circular guidance superseded
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and consolidated the requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102,
A-133, and A-50..
1. Program lncome
Subrecipient shall report quarterly all program income (as defined at 24 C.F.R.
$ 570.500(a)) generated by activities carried out with CDBG Funds made available under this
Agreement. The use of program income by Subrecipient shall comply with the requirements set
forth at24 C.F.R. $ 570.504. Bywayof further limitations, Subrecipient may use such program
income during the term of this Agreement and shall reduce requests for additional City Grant funds
by the amount ofany such program income balances on hand. All unexpended program income
shall be retumed to Grantee at the end of the term of this Agreement. Any interest eamed on cash
advances from the U.S. Treasury and from funds held in a revolving fund account is not program
income and shall be remitted promptly to Grantee.
2. lndirect Costs
3. Payment Procedures
Grantee shall reimburse Subrecipient only for actual incurred costs upon presentation of
properly executed reimbursement forms as provided and approved by Grantee. Only those Eligible
Project Expenses directly related to this Agreement shall be reimbursed. The amount of each
request must be limited to the amount needed for payment of Eligible Project Expenses.
In the event that Grantee or HUD determines that any CDBG Funds were expended by
Subrecipient for unauthorized or ineligible purposes or the expenditures constitute disallowed
costs in any other way, Grantee or HUD may order repayment of the same. Subrecipient shall
remit the disallowed amount to Grantee within thirty (30) days of written notice of the
disallowance.
Subrecipient agrees that funds determined by Grantee to be surplus
upon completion of this Agreement will be subject to cancellation
by Grantee.
Subrecipient agrees that upon expiration of this Agreement,
Subrecipient shall transfer to Grantee any CDBG Funds on hand at
the time of the expiration and any accounts receivable attributable
to the use of CDBG Funds.
Grantee shall be relieved of any obligation for payments if funds
allocated to Grantee cease to be available for any cause other than
misfeasance of Grantee itself.
c
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C. Reportinp and Pavment Procedures
If indirect costs are charged, Subrecipient will develop an indirect cost allocation plan for
determining the appropriate Subrecipient's share of administrative costs and shall submit such plan
to Grantee for approval, in a form specified by Grantee.
a.
b.
d. Grantee reserves the right to withhold payments pending timely
delivery ofprogram reports or documents as may be required under
this Agreement.
Payments by Grantee will be provided through a reimbursemenVinvoicing method only,
with pa).rnent issued by 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 natue and propriety ofthe charges.
All accounting documents pertaining in whole or in part to this Agreement shall be clearly
identified and readily accessible, and upon reasonable notice, Grantee and HUD shall have the
right to audit the records of Subrecipient as they relate to this Agreement and the activities and
services described herein.
Payment reimbursement requests shall be submitted by Subrecipient at a minimum on a
quarterly basis. Failure to submit reimbursement requests in a timely manner may lead to
reallocation of City Grant funds.
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 the Services.
Keep 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
Subrecipient's accounting records.
Maintain payroll, financial, and expense reimbursement records for
a period of five (5) years after receipt of final payment under this
Agreement.
Permit inspection and audit of its records with respect to all matters
authorized by this Agreement by representatives ofGrantee or HUD
at any time during normal business hours and as often as necessary.
Inform Grantee concerning any City Grant funds allocated to
Subrecipient, that Subrecipient anticipates will not be expended
during the term of this Agreement, and permit the reassignment of
the same by Grantee to other subrecipients.
Repay Grantee any funds in its possession at the time of the
termination or expiration of this Agreement that may be due to
Grantee or HUD.
a
C
d
l.
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Subrecipient shall also:
b.
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Maintain complete records conceming the receipt and use of all
program income. Program income shall be reported on a monthly
basis on forms provided by Grantee.
4. Propress Reports
Subrecipient shall submit regular progress reports to Grantee in the form, content, and
frequency as required by 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
1 October-December January 20
J January-March April 20
4 March-June July 20
Along with the quarterly progress reports, Subrecipient shall provide Grantee with twenty-
five percent (25%) sampling of self-certification forms and ten percent (10%) sampling of income
verification for clients served that quarter. Subrecipient shall be responsible for retaining one
hundred percent (100%) certification and/or income certification forms for a minimum of five (5)
years along with other Program records.
Additionally, an annual comprehensive report including inventory of all Services provided
or performed with 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 lst.
D. Procurement
1. Comp liance
Subrecipient shall comply with current Grantee policy conceming the purchase of
equipment and shall maintain inventory records ofall non-expendable personal property as defined
by such policy as may be procured with funds provided herein. All Program assets (including,
unexpended program income, property, and equipment) shall revert to Grantee upon termination
or expiration of this Agreement.
Unless specified otherwise within this Agreement, Subrecipient shall procure all materials,
property, or services in accordance with the requirements of 24 C.F.R. $$ 84.40 - 84.48.
Subrecipient shall obtain written approval from Grantee for any travel outside the
metropolitan area with City Grant funds provided under this Agreement.
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2. OMB Standards
3. Travel
E U se an d Reversion of Assets
The use and disposition ofreal property and equipment under this Agreement shall be in
compliance with the requirements of 24 C.F.R. Part 84 and 24 C.F.R. $$ 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
1. Subrecipient shall transfer to Grantee any CDBG Funds on hand and any
accounts receivable attributable to the use of CDBG Funds under this
Agreement at the time of expiration, cancellation, or termination.
In all cases in which equipment acquired, in whole or in part, with CDBG
Funds 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
Subrecipient for Services under this Agreement shall be (a) transferred to
Grantee for the CDBG program or (b) retained after compensating Grantee
an amount equal to the current fair market value ofthe equipment less the
percentage ofnon-CDBG Funds used to acquire the equipment.
F. DUNS and SAM.GOV Resistration and Subaward Identification Notice
Requirements
Subrecipient must have a Data Universal Numbering System (DUNS@) number to be
eligible to enter into this agreement. Further, the subrecipient must have an active
regiskation with the federal qrvrv.sanr-g9r' site to verify it is eligible to receive federal
fi.rnds, and not federally debarred. ln addition, Grantee shall require completion of the
subaward identihcation notice form attached hereto as Exhibit B. Failure to complete the
subaward identification notice form shall render Subrecipient ineligible to receive funds
under this agreement.
IX. REPRESENTATIONS AND WARRANTIES OF SUBRECIPIENT
The execution, delivery and performance by Subrecipient of this Agreement (i) are within
the powers of Subrecipient and upon its execution will constitute a legal, valid and binding
obligation of Subrecipient enforceable in accordance with its terms, and (ii) will not violate any
provisions of law, any order of any court or other agency of govemment, or any indenture,
agreement or any other instrument to which Subrecipient is a party or by which Subrecipient , or
any of its property, is bound, or be in conflict with, result in any breach of or constitute (with due
notice and/or lapse of time) a default under any such indenture, agreement or other instrument, or
result in the creation or imposition ofany lien, charge or encumbrance of any nature whatsoever
upon any of its property or assets, except as contemplated by the provisions ofthis Agreement.
2
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Subrecipient makes the following representations and warranties as of the date of this
Agreement and agrees that such representations and warranties shall survive and continue
thereafter:
A. Authorization and Validation
B. Correct Information
All reports, papers, data and information given to Grantee with respect to Subrecipient and
this Agreement, including the Program are accurate and correct in all material respects and
complete insofar as completeness may be necessary to give Grantee a true and accurate knowledge
of the subject matters thereof, and there has been no change in such information.
C, Defaults
Subrecipient is not a party to any agreement or instrument that will interfere with its
performance under this Agreement, and is not in default in the performance, observance or
fulfillment of any of the obligations, covenants or conditions set forth in any agreement or
instrument to which it is a party.
There is not now pending or threatened against or affecting Subrecipient any claim,
investigation, action, suit or proceeding at law, or in equity, or before any court or administrative
agency which, if adversely determined, would impair or affect Subrecipient's ability to perform
the Services.
E. Compliance
Subrecipient has examined and is familiar with all conditions, restrictions, reservations,
and ordinances affecting the performance ofthe Services. The Services will in all material respects
conform to and comply with all ofthe requirements of said conditions, restrictions, reservations,
and ordinances and performance of the Services shall conform in all respects with applicable
ordinances and statutes, and shall be in accordance with all requirements of the regulatory
authorities having jurisdiction thereof.
XI. 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.
XII. WATVER
Grantee's failure to act with respect to a breach by Subrecipient does not waive its right to
act with respect to subsequent or similar breaches. The failure of Grantee to exercise or enforce
any right or provision shall not constihrte a waiver of such right or provision.
276210llE5E-0001
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D, Pendins Litisation
X. 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. NONLIABILITY OF OFFI CIALS AND EMPLOYEES
No member, official, employee, or contractor of Grantee shall be personally liable to
Subrecipient in the event ofany default or breach by Grantee or for any amount which may become
due to Subrecipient or on any obligations under this Agreement. No member, official, employee,
or contractor of Subrecipient shall be personally liable to Grantee in the event of any default or
breach by Subrecipient or for any amount which may become due to Grantee or on any obligations
under this Agreement.
The internal laws ofthe State of Califomia shall govem the interpretation and enforcement
of this Agreement. All legal actions must be instituted and maintained in the Superior Court of
the County ofRiverside, State of Califomia, or in any other appropriate court in that County.
XV. EXECUTION IN COTJNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
XVI. NOCONFLICTOFINTEREST
For the term of this Agreement, no member, officer, or employee of Grantee, during the
term of his or her service with Grantee, shall have any direct interest in this Agreement, or obtain
any present or anticipated material benefit arising therefrom. In addition, Subrecipient agrees to
file, or to cause its employees or subcontractors to file, a Statement of Economic lnterest with
Grantee's Filing Officer if such filing is required under state law in connection with the
performance of the Services.
XVII. THIRD PARTY BENEF'ICIARIES
With the exception of the specifrc provisions set forth in this Agreement, there are no
intended third-party beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
XVIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Grantee and Subrecipient for the
use of funds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between Grantee and
Subrecipient with respect to this Agreement.
ISignatures on following page]
2762103 I 85 8-0001
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XIV. APPLICABLE LAW: VENUE
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
IGrantee]
By:By
Armando G.City Manager John Ex Director
Date:Date:1
Walker, Board Chair
Attest:5-r8
wanng,Clerk
Countersigned:
A*zArnzz
Wenaywe&,{nrti.i.ilio-""Director
J
AS TO FORM:
Attomey
2',76yO1t858-0001
12880479.1 .10/12llE -17 -
tsutrelif,ientl)
\
I
I
APPRq/ED
tnl re
EXIIIBIT A
SUMMARY OF LEGAL REOUIREMENTS
In addition to the requirements set forth in other provisions ofthe Agreement, Subrecipient
shall comply, and shall cause all Subrecipient's personnel to comply, with the following
regulations and requirements insofar as they are applicable to the performance ofthe Agreement.l
1. Equal Opportunity and Nondiscrimination.
a. Title VI of the Civil Rights Act of 1964, as amended, including Public
Law 88-352 implemented in 24 C.F.R. Part 1. This law provides in part that no person shall, on
the grounds of race, color, or national origin be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving federal
financial assistance. In regard to the sale or lease of property, Subrecipient shall cause or require
a covenant running with the land to be inserted in the deed and leases prohibiting discrimination
under this Title, and providing that Grantee and the United States are beneficiaries of and entitled
to enforce such covenants. Subrecipient shall enforce such covenant and shall not itself so
discriminate.
b. Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as
amended, including Public Law 90-234. The Fair Housing Act provides in part that there shall
be no discrimination in housing practices on the basis of race, color, religion, sex, and national
origin. The Fair Housing Act was amended in 1988 to provide protections from discrimination in
any aspect ofthe sale or rental ofhousing for families with children and persons with disabilities.
The Fair Housing Act also establishes requirements for the desigr and construction ofnew rental
or for-sale multi-family housing to ensure a minimum level of accessibility for persons with
disabilities.
c. Section 109 of Title I of the Housing and Community Development Act
of 1974, as rmended, including 42 U.S.C. 5301 et. seq., 42 U.S.C. 610l et, seq., and,29 U.S.C.
794. This law provides in part that no person on the grounds of race, color, national origin, sex,
or religion shall be excluded from participation in, be denied the benefits of, or otherwise be subject
to discrimination under any activity funded in whole or part with funds under this Title.
d. Section 104(b) of Title I of the Housing and Community Development
Act of 1974, as amended, including 42 U.S.C. 5301 et, seq. This law provides in part that any
grant under Section 106 shall be made only if the grantee certifies to the satisfaction of the
Secretary of HUD that the grantee will, among other things, affirmatively further fair housing.
I This exhibit is a list and summary of some of the applicable legal requirements and is not a
complete list of all Subrecipient requirements. The description set forth next to a statute or
regulation is a summary ofcertain provisions in the statute or regulation and is in no way intended
to be a complete description or summary of the statute or regulation. ln the event of any conflict
between this summary and the requirements imposed by applicabte laws, regulations, and
requirements, the applicable laws, regulations, and requirements shall apply.
EXHIBIT "B"
PAGE I of 13
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e. Executive Order 11246, as amended. This order includes a requirement
that grantees and subrecipients and their contractors and subcontractors not discriminate against
any employee or applicant for employment because ofrace, color, religion, sex, or national origin.
f. Executive Order 11063, as amended, including 24 C.F.R. Part 107. This
order and its implementing regulations include requirements that all actions necessary be taken to
prevent discrimination because of race, color, religion, sex, or national origin in the use,
occupancy, sale, leasing, rental, or other disposition of property assisted with Federal loans,
advances, grants, or contributions.
g. Section 504 of the Rehabilitation Act of 1973, as amended. This Act
specifies in part that no otherwise qualified individual shall solely by reason ofhis or her disability
or handicap be excluded from participation (including employment), denied program benefits, or
subjected to discrimination under any program or activity receiving Federal assistance.
Subrecipient must ensure that its programs are accessible to and usable by persons with disabilities.
h. The Americans with Disabilities Act (ADA) of 1990, as amended. This
Act prohibits discrimination on the basis of disability in employment by state and local
govemments and in places of public accommodation and commercial facilities. The ADA also
requires that facilities that are newly constructed or altered, by, on behalfof, or for use ofa public
entity, be designed and constructed in a manner that makes the facility readily accessible to and
usable by persons with disabilities. The Act defines the range of conditions that qualifu as
disabilities and the reasonable accommodations that must be made to assure equality of
opportunity, full participation, independent living, and economic self-sufficiency for persons with
disabilities.
i. The Age Discrimination Act of 1975, as amended. This law provides in
part that no person shall be excluded from participation in, be denied program benefits, or
subjected to discrimination on the basis of age under any program or activity receiving federal
assistance.
j. EEO/AA Statement. Subrecipient shall, in all solicitations or
advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal
Opportunity or Afhrmative Action employer.
k. MinorityA omen Business Enterprise. Subrecipient will use its best
efforts to afford small businesses and minority and women-owned business enterprises the
maximum practicable opportunity to participate in the performance of the Agreement. As used in
the Agreement, the term "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-
owned business enterprise" means a business at least fifty-one percent (51%) owned and conholled
by minority group members or women. For the purpose of this definition, "minority group
members" are Afro-Americans, Spanish-speaking, Spanish-sumamed or Spanish-heritage
Americans, Asian-Americans, and American Indians. Subrecipient may rely on written
representations by businesses regarding their status as minority and female business enterprises in
lieu of an independent investigation.
EXHIBIT"A''
PAGE 2 of 13
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2. Environmental
^. Air and Water. Subrecipient shall comply with the following regulations
insofar as they apply to the performance of the Agreement: Clean Ai r Act, 42lJ.S.C. 7 4Ol, 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 1 14 and Section 308, and all regulations and guidelines issued thereunder;
and the U.S. Environmental Protection regulations pursuant to 40 C.F.R. Part 50, as amended.
b. Flood Disaster Protection Act of 1973. Subrecipient shall assure that for
activities located in an area identified by FEMA as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained.
c. Lead-Based Paint. Subrecipient shall comply with the Lead-Based Paint
Regulations referenced in 24 C.F.R. $ 570.608, including 24 C.F.R. Part 35, et. al.
d. Historic Preservation. Subrecipient shall comply with the historic
preservation requirements set forth in the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470) and the procedures set forth in 36 C.F.R. Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties and related laws and Executive
Orders, insofar as they apply to the performance of the Agreement. In general, this requires
concumence 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.
e. Limitation on Activities Pending Clearance. In accordance with 24
C.F.R. $ 58.22 entitled "Limitations on activities pending clearance, "neither a recipient nor any
participant in the development process, including public or private nonprofit or for-profit entities,
or any of their contractors, may commit HUD assistance under a program listed in 24 C.F.R.
$ 58.1(b) on an activity or project until HUD or the state has approved the recipient's Request for
Release of Funds (RROF) and the related certifications have been approved. Neither a recipient
nor any participant in the development process may commit non-HUD fi,rnds or undertake an
activity or project that would have an adverse environmental impact or limit the choice of
reasonable alternatives. Upon completion of environmental review or receipt of environmental
clearance, Grantee shall notify Subrecipient. HUD funds shall not be utilized before this
requirement is satisfied. The environmental review or violation ofthe provisions may result in
approval, modification of cancellation of the City Grant. Ifa project or activity is exempt under
24 C.F.R. $ 58,34, or is categorically excluded (except in extraordinary circumstances) under 24
C.F.R. S 58.35(b), no RROF is required and the recipient may undertake the activity immediately
after the Grantee has documented its determination that each activity or project is exempt and
meets the conditions specified for such exemption under this section by issuing a Notice to
Proceed.
3. Uniform Administrative Requirements.
requirements described in 24 C.F.R. $ 570.502.
EXHIBIT "A''
PAGE 3 of l32762/03t85E4001
12880479.1al0/l2/l8
The uniform administrative
4. Other Program Requirements. Subrecipient shall carry out each activity under
the Agreement in accordance with all applicable federal laws and regulations described in Subpart
K of 24 C.F.R. $ 570 except for Grantee's environmental responsibilities under 24 C.F.R.
$ 570.604 and Grantee's responsibility for initiating the review process under the provisions of24
C.F.R. Part 52.
5. Reversion of Assets. Upon the expiration of the Funding Period or sooner
termination ofthe Agreement, Subrecipient shall transfer to Grantee (a) any and all CDBG Funds,
(b) any accounts receivable attributable to the use of CDBG Funds. In all cases in which
equipment acquired, in whole or in part, with funds under the Agreement is sold, the proceeds shall
be program income (prorated to reflect the extent to that funds received under the Agreement were
used to acquire the equipment). Equipment not needed by Subrecipient for activities under the
Agreement shall at the election of Grantee either be (a) transferred to Grantee for the CDBG
program, or (b) retained by Subrecipient after compensating Grantee an amount equal to the
current fair market value ofthe equipment less the percentage ofnon-CDBG funds used to acquire
the equipment.
6. Relocation. Grantee shall not be responsible for relocating any occupants from
any property. If required, Subrecipient shall have the sole and exclusive responsibility for
providing relocation assistance and paying all relocation costs required to comply with all
applicable federal and state laws, rules, and regulations, including the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. g 4601 e/ seq., as
amended, and implementing regulations, and HUD Handbook 1378. Subrecipient shall indemnify,
defend, and hold Grantee harmless from and against any claims, liabilities, damages, or losses
made against it by tenants or occupants of any property, including without limitation claims for
relocation assistance, inverse condemnation, and claims otherwise arising from any act or omission
of Subrecipient pursuant to the provision ofrelocation assistance.
7. Allowable Costs and Audits. Subrecipient shall comply with and administer the
Program in accordance with the requirements of The Office of Management and Budget
(OMB)"Super Circular" 2 CFR Part 200, which includes the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for federal awards, as applicable.
8. Records and Reports. Subrecipient shall provide to Grantee and shall cause each
of its contractors, subcontractors, and subrecipients to provide to Grantee all records and reports
relating to the Program that may be reasonably requested by Grantee in order to enable it to
perform its record keeping and reporting obligations pursuant to the CDBG Requirements,
including but not limited to those described in the Agreement and 24 C.F.R. $ 570.506.
9. Religious Organizations. If Subrecipient is a religious organization as defined by
the CDBG Requirements, Subrecipient shall comply with all conditions prescribed by HUD for
the use of CDBG Funds by religious organizations, including the First Amendment of the United
States Constitution regarding church/state principles and the applicable constitutional prohibitions
set forth in 24 C.F.R. $ 570.200(J).
2762/031858-0001
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EXHIBIT "A''
PAGE 4 of 13
10. Conflict of Interest. Subrecipient will comply with 24 C.F.R. $$ 84.42,85.36 and
570.611 regarding the avoidance of conflict of interest, which provisions include (but are not
limited to) the following:
i. Subrecipient shall maintain a written code or standards ofconduct that shall
govem the performance of its officers, employees or agents engaged in the award and
administration of contracts supported by Federal funds.
ii. 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 ifa
conflict of interest, real or apparent, would be involved.
iii. 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 information 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 ( I ) 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.
12. Anti-Lobbying Certification. By its execution of the Agreement, Subrecipient
hereby certifies that:
i. No Federal appropriated funds have been paid or will be paid, by or on
behalfofit, to any person for influencing or attempting to influence an officer or employee
ofany agency, a Member ofCongress, an officer or employee ofCongress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal gant, 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.
ii. 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, gant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying," in accordance with its instmctions.
iii. It will require that the language ofthis certification be included in the award
documents for all subawards at all tiers (inctuding subcontracts, subgrants, and contracts
EXHIBIT "A"
PAGE 5 of 13
11. Political Activity (24 C.F.R. $ 570.207(a)(3)). Subrecipient is prohibited from
using CDBG Funds to finance the use offacilities or equipment for political purposes or to engage
in other partisan political activities, such as sponsoring candidate forums, distributing brochures,
voter transportation, or voter registration.
2?6203lE5E{001
12880479.1 al0/t2l18
under grants, loans, and cooperative agreements) and that all subrecipients shall certiff and
disclose accordingly.
This certification is a material representation offact upon which reliance was placed when
this transaction was made or entered into. This certification is a prerequisite for making or entering
into this kansaction 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 ofnot less than $10,000 and not more than
$100,000 for each such failure. At the request of Grantee, Subrecipient shall execute a separate
document that contains the certifications set forth above.
13. Drug-Free Workplace Requirements. Subrecipient shall comply with and be
subject to the requirements of the federal drug-free workplace requirements, which include the
following actions be taken:
i. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
grantee's workplace and specifying the actions that will be taken against employees for
violation of such prohibition.
ii. Establishing an ongoing drug-free awareness program to inform employees
about: (a) the dangers of drug abuse in the work place; (b) the grantee's policy of
maintaining a drug-free workplace; (c) any available drug counseling,
rehabilitation, and employee assistance programs; and (d) the penalties that may be
imposed upon employees for drug abuse violations occurring in the workplace.
iii. Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy ofthe statement required by paragraph (i).
iv. Notifying the employee in the statement required by paragraph (i) that, as a
condition of employment under the gmnt, the employee will: (a) abide by the terms of the
statement; and (b) notify the employer in writing of his or her conviction for a violation of
a criminal drug statute occurring in the workplace no later than five (5) calendar days after
such conviction.
v. Notiffing the agency in writing, within ten ( l0) catendar days after
receiving notice under sub-paragraph (iv)(b) from an employee or otherwise receiving
actual notice of such conviction. Employers of convicted employees must provide notice,
including position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point
for the receipt of such notices. Notice shall include the identification number(s) of each
affected grant.
vi. Taking one of the following actions, within thirty (30) calendar days of
receiving notice under subparagraph (iv)(b), with respect to any employee who is so
convicted: (a) taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of 1973,
as amended; or (b) requiring such employee to participate satisfactorily in a drug abuse
EXHIBIT "A"
PAGE 6 of 13
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assistance or rehabilitation program approved for such purposes by a Federal, State or local
health, law enforcement, or other appropriate agency.
vii. Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (D, (ii), (iii), (iv), (v), and (vi).
14. Procurement. Subrecipient will comply with the procurement standards under 24
C.F.R. $ 85.36 for govemmental subrecipients and 24 C.F.R. $$ 84.40-84.48 for subrecipients that
are non-profit organizations. Subrecipient shall comply with all existing and future Grantee
policies concerning the purchase of equipment.
15. Labor Provisions.
a. Section 3 of the Housing and Community Development Act of 1968.
Subrecipient shall comply with and cause its contractors and subcontractors to comply with the
requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
$ 1701u), the HUD regulations issued pursuant thereto at 24 C.F.R. Part 135, and any applicable
rules and orders ofHUD issued thereunder. The Section 3 clause, set forth in 24 C.F.R $ 135.38
provides:
i. The work to be performed under this contract is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
$ l70lu ("Section 3"). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HIJD assistance or HUD-assisted projects covered
by Section 3, shall, to the geatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
ii. The parties to this conkact agree to comply with HUD's regulations in 24
C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
iii. The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other
understanding ifany, a notice advising the labor organization or workers' representative of
the contractor's commitments under this Section 3 clause, and will post copies ofthe notice
in conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and location
of the person(s) taking applications for each ofthe positions; and the anticipated date the
work shall begin.
iv. The contractor agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to take appropriate
action, as provided in an applicable provision ofthe subcontract or in this Section 3 clause,
upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part
135. The contractor will not subcontract with any subcontractor where the contractor has
2762031858-000r
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EXHIBIT "A"
PAGE 7 of 13
notice or knowledge that the subcontractor has been found in violation ofthe regulations
in 24 C.F.R. Part 135.
v. The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the contract
is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R.
Part 135 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 C.F.R. Part 135.
Subrecipient shall abide by the Section 3 clause set forth above and will also cause this
Section 3 clause to be inserted in all contracts relating to the Program.
b. Labor Standards. Subrecipient shall comply with the provisions of 24
C.F.R. $ 570.603 and related requirements. Subrecipient shall include in all applicable
construction contracts the provisions offederal law imposing labor standards on federally assisted
contracts. Subrecipient shall comply with the requirements ofthe Secretary ofLabor in accordance
with the Davis-Bacon Act as amended (40 U.S.C. 3141 through 3148), the provisions of Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq. and implementing regulations), the
Copeland Anti-Kick Back Act (40 U.S.C. 276c md 18 U.S.C. 874 et seq.), the implementing
regulations of the U.S. Department of Labor including 29 C.F.R. Parts 1,3,5,6 and 7, and all
other applicable Federal, state and local laws and regulations pertaining to labor standards insofar
as those acts apply to the performance of the Agreement. Subrecipient shall maintain
documentation that demonstrates compliance with these provisions and such documentation shall
be made available to Grantee and HUD for review upon request. 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.
c. IIt D Form 4010. Subrecipient shall comply and cause Subrecipient
Personnel to comply with the provisions of HUD Form 4010 aftached hereto. HUD Form 4010
must be included in the bid packet and construction contract and subcontracts for the Program.
EXHIBIT "A''
PAGE 8 of 13
2?62103 I 856-000 I
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vi. Noncompliance with HUD's regulations in 24 C.F.R Part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
Federal Labor Standards Provisions U.S. Oaprnmant ol Housing
and Urbtn OcY!lopmrnt
Offrce ol Labor Relations
Applac.bllity
The P.ojecl or Program lo which the conslructron worh
aoyerod by lhis conlract 9e ains rs berng a33lsled by the
Unrted Slates of Anerica and the loltowio9 Federat Labor
Standards Provisrons are rnctuded in thrs Contract
pursuanl to the Drova9rons apglcable lo such Federat
asslslance
A. l. (i) Ilnlmum Wage3. All laborers.nd meahanics
employed or working upon the s.le ol lhe worl, wl bo paid
unconditronally and not less olten than once a *6e1. and
wllhoul subsoquenl deducllon or rebete on any account
(ercepl such payroll deductions as are Dermtfled by
regulatrons rssued by lhe Socretary ot Labor under the
copelancl Act (29 cFR Part 3) lhe tult amount ot wao€s
and bona fide lrlnge benelals lor cash equrvatents thereol)
due et lrrre ol paymonl computed at rales not legs lhao
lhose conlarned in lhe wage detelmrnatron ot lhe
Searelaay ol [abo. which rs attacied hereto ano made a
Dan hereol regardless ot any conlractual relalonshrp
whrch may be alleoed to exrst belween tie contractor and
suah laborers and mechanrcs Contribl.tlions made or
costs reasonably antral9aled lor bona frde tnnge b6nofits
undsr Seclron l(b)(2) ot the Davrs-Bacon Act on behetl ol
laborers or mechantcs are constdored wages paid to such
l.borers or mech:nrcs subtect to lhe grovr5lons ol 29 CFR
55(a)(tl(rv). a19o. regular conlfibulions made or cosls
rncurred tor riore than a weetty period (Dul not tess olten
lhan Quarterly) undel 9lan3. lunds. or progrrms whrch
covel lhe pa(tCulal *Oelly penod are dOened tO be
aonsiruclively made or rncured duing such seelly perlod
Such laborers and mechanrcs shall be peid the approphale
waoe rat€ and trinqe bonefrts on the wage determlnatton
lor lhe classiflaatron of worl actually perlorfi€d wrthout
regard lo sllll. ercepl as provided i^ 29 CFR 5 5(.)(4)
Laborers or mechanlca De olmrnO wort in more than one
ctassrfrcairon may be aompensated at tne rate spealtied lor
each classrlicalron lor lhe lrme actually worled lne.eln
Provrded. Thal lhe grngroyer's payroll records accuratety
sel fonh the lrme speot rn each clagsrficatron tn whrah
wori rs Derlormed The *ege determinalion (lnciudrng any
add(ional classiiCalron and $lage reles conlOrmed under
29 cFR 55{a)(l)( ) and tne Davrs-Bacon 9oste. (WH-
,|321) shalr be Do3ted al alr lrmes by the conlractor anc, |ls
9UbCOnlraClOrS al lhe srte ot the worl rn a otonlingnl nnd
accessible. Dlace where ll can be easrly 3e9n by tna
(ii) {a) Any class of laDorers or mechanics whlch rs nol
lrsted rn the waqe detormrnalion .nd whrch rs to be
employed under the conracl shall be craslrfred In
conlororance fith lhe wage determrnatron HU0 shall
approye rn addrlronal claslrfiaatron end waoe rate and
Iringe benelils lher3ror only when the lotlo*rng criiena
(tl Tne wort to be perlormed by the atassrtraatron
requesled ls nol perlormed by a classiticatton ln the wage
delerhrnalron, and
(2, The classiticalron is ulilzed rn lhe area by lhe
conslruclron rnduslry and
l3l Tne prooosed wage raie. includrng any bone tlde
frlnge benelrts bears a reasonabte relrlionshap lo lhe
wa9e ratos aontatned rn the wege delolmrnatlon
(b) It lhe conlractor end tne laborors and mechanias to be
emDloyed ln lne classrtrca:ron {rl tnown), or theI
re9resenlatrvB3 and HUD or its d€srgnoe agree o^ the
alassiticatron and s,age rate (lncludrng tha amount
designatecl lor tilnqe benefrts where approoriale), , reporl
of the aalion laten 3hall be lent by HUo or ils deslgnee to
lne Adftrnrstralor ot Ihe Wage and Holr oivrslon,
Employmenl Slandards Adninistratron. U S Depanment of
Labor Wa3hrnoloa 0 C 20210 The Admtnistaatoa, or en
aulhon:ed reDresentaliye, wrll approvg, modrly. or
drsapprove eyery add(ronal crassrlcalron actron wilhin 30
days ot receipi and so aclyise Ht/D or its deglgnee or witt
nolrly HUD or rls desronoe withrn tne 30.day penod that
add,lronal lrne rs necessary (App.ovod by the Ottrce ot
Man.gefienl and Budgel under OMB contror number 1215-
0140 )
{c) ln lhe event the contracloa, the laborers or mechanrcsto be €moloyed rn the clesslltcatton or ll\etr
re9resenlatyes and HUD or its designeo do not aqree on
lhe proposeo clalsifrcalion and $'aoe rat€ (rodudrng lhe
amounl desi9nated tor frinle benetits, rhere apgrogriate),
HUD or i13 desr0nee shell reler the questlons. includrng
lhe views ot all !nlerosled garires and tho tecommendattonoI HU0 or rls desronoe, to the Adminrstrator tor
deletrirnatron The Administtalol, or an authollz€d
re9resenlalrvo. *rI rssue a determlnatron wrthin 30 days ol
receiDl and so advise HllD or ris destones or flll nolrty
HUO or 119 desrgnee wiihrn lhB 30-day geriod thal
addrlronal trme rs necesslry (Approved Dy the Ofice ol
Managefienl and Budger under OMB Controt Nuntber
12r5-0i.10 )
(d) Tne *a9e rale (tncludrng lrange benetrls where
aopropnate) delernrned Dursuanl lo subparagraDhs
(l)(,1)(b) or (c) ol thrs pareqraph. shtll be gard to alt
worlers perlormino *orh in the ctassificatron und€. thrs
contract lrom lhe irsl day on which worl rs perlormed In
the classrlcaiton
(ilr, 'Ahenevor llre mrnrmum wage rate pre3cnbeal rn the
conlracl lor a class ol laborers or mechanics tncludes a
ffinge benetil wniah rs not expressed as an hourly rate the
contraator shal erther pay the beneftl a3 stated in lhe
wage delernrnalron or shall pay anotner bona tiOe kinge
benefrl oa an hourly cash equivalent tnereol
lrv) ll lhe coniractor does nol male paymenls to a trustee
or olher lhrrd person, lhe contraclor may consrder a3 parl
- ;, : ,: :! 1': n; ,16 '';PageldS
fo.nr HUDJol0 i06r:cmr
ret Fandlloor 1 3,tr I
EXHIBIT "A"
PAGE 9 of 13
2762103185E-000t
l2EE04?9.1 al0/12118
ot lhe wages o, any laborer or mechanrc lhe amounl o[ any
aosls reasonably anilcrpateo ln provrdrno bona ft(16 tringe
b€n6frls und€r a plan or prooram, Provlded That the
Secrelary ol L3bor has lound. upoo the wntten raquest ol
lhe contractor, that tne apptiaabte standards ol lhe Oayis.
Bacon Acl have been met The Secretary o, Labor may
requiae the contraclor lo set Sstde tn a 3eoarate account
egs6is for lne meelrng ot oblrgalrons uoder lhe olan or
9roqram (Approve0 by the Office ol llanaqement a6d
Budoel under OMB Contror Number 1215.0140 )
2. t{ithholdang. HUO or its designee lhall upon rls own
achon or upon *fltlen requesl of an aulho uecl
representairve or lh€ oepanment ol Labor wrthhold o.
cauSe to be withhold trom lhe contraclor und6r this
conlract or any olher F6deral cont.acl w(h lhe seme Dftme
aonlraclor. oI any olher Federally-aSsrsled contracl
sublecl to Oayrs-Bacon p19valling weqe requrromenls
whrch ls held by lhe same pnme conlractor so mucn of rhe
accrued payments or aclvances as ftay be consrdered
necessaty to p3y leborers end mechanlcS, rntluding
ap9rentaes lrarnees and helpers employed by lha
conlraclor or any Subconltaclor lhe tull amounl ol waoes
required by lhe conlracl ln lhe event ot farlure lo pay any
laboter or mechanrc. rnctuding any apprentrce. ttarnee or
nelper emoloyed or workrng on lhe srle of the wo.l. alr or
Da( of lhe rrages required by lhe conlricl. HUD or lls
desrgnee may, atler wr(len nolrce lo tlre conltaator
Sponsor a9plicant, or owner, tSle such aclion as may be
ngaessary lo causg lie susDension ol any turiner
0aynlenl advance, or 9uarantee ol luna,s lJotrl such
vrolalions have ceased HUO or ils desronee may .rter
wtlllen nolace to lhe aonlractor disburSe s!ch amounls
wllhheld lor and on account ot lhe contraclor or
subcontractor to lhe respealrvo employeos to whom they
are due Tlte comDtroller General shall rrale such
(liSbursemenl9 in lhe case ol drrecl Davrs-8acon Aci
coniracls
3. (il Payrollc and basic .eco.ds. Payroll3 and basic
records relalrng lhereto sharl be marnlained by lne
conlraclor during lhe course ol lhe wori Dfesarved lor 3
q€no0 o, tnree years therealter lor all labo.ers and
mechanrcs sorlrng at lhe srle ol the worh Sucn records
shall conlarn tne name ad0ress and social security
number OJ each SUch worlor his or her aorr6ct
crassrfrcatron hourly rares ol v/ages paad (includin9 .atos
of contftbutrons or cosls anllcrpaled tor bona ide kinge
benells or cash equrvalents thereol ot the lypes descftbed
'n Seclion l(b)(2XBl ol lhe Oavrs-bacon A.l). dally and
weelly number ol hours worked deductrons ftede and
aclual waoes pard l/!henever tho secrelary ol Labor has
lound under 29 CFR 5 5 ia)(1)(rv) that the wages ol any
laborer ot mechgnrc Includg the anlount ol any costs
reasonably anticroated ro provrdrno benefits under a plan
or proora descfibeo rn section l(bt(2t(g) ol lhe Davts-
Bacon Aal, the con!ractor shall marnlatn records whrch
show thit lhe commiirheni lo provide such benefils is
enlorceable, lhat lie plan or program is trnanctally
relponsilrle. ,nd !hal lhe plan o. ptooram has been
communacaled rn *rilin0 lo the labor€rs or mechanics
alfetled. and rscords whrch show lhe costs anlicrpated or
lne actual cosl ln(urr€d rn Droviding such benoftts.
conlractors enrploylnq apprennaes or vainees llnder
approved proorams sharl marnlarn writlen evidence ol ihe
re9islralron ol apprenlrceshlp programs and cenltrcalion ot
lralnee proqrams. th8 rrgrslrallon of lhe apDrentrces.nd
lrainees. and lhe ratios rnd ila9e rates grescflbed in the
aDpricable proqrams (Approved by lne Ollice ol
Manaqemenl and Eudget under OMB Controt Numbers
12!5-0140.nd 1215-0017 )
(iil {r} The conlraator shall submit weeily for eaci weel
rn which any conlracl *orl is Oerlormed a copy ol atl
Dayrolls lo HUD or ll3 desrgoee ll lhe agency ls a pany to
lhe conlracl but rf the agency rs nol suah a parly the
conlraclo. wrll submrl the payrolls lo lhe applrcant
sponsot. ot owner, a9 th€ case may be. tor lransmlsslon to
HUO or rts d6sr9nee The payrolls submitted shalr sel out
accurately and compretoly all of lhe rnlormailon requrreo
lo be marnlarned under 29 CFR 5 5(a)(3)tr) ercepl thal full
socrar securily numbors and home addresses shall not be
rncluded on weelly lransmittals lnsle.d lno payrol,s shatl
only need to rnclude an indiyrdually rdentilying number lor
each emoloyee (e I lhe tasl lour drgils ot lhe employee s
socra! seaurlty number) Tno required weekly 9ayroll
rnlotnalron may be gubmrfleo in any lorm desrred
Optronal Form WH-3{7 rs available tor lhrs purpose trom
lhe t/lage and Hour Orvrsion Vl6b sile al
!1ttg /..f/,vlt 4oi arttlia.ttl(t.to,1s ,,ttJ;/:nitt hl/, or rts
successor glte The Dnme conuaclor is respoosible lor
lie submrs3ron ot copre5 of payrolls by all subcontraclors
Conltaclors and sulrconraclors shall metntain lhe tull
socral sE cuflly number and currenl addres! ol each
covered worher. and shall 9royrde lhem upon aeQuest to
HUD or its designeo rl lhe ageocy l! a Dany to the
conlract. bul if the aoency rs not such 6 party, the
conlractor Brll submrt the payrolls lo the aDplacant
soonsor. or owner, a5 tne case may be for lransnrissron lo
HUO or ris designee lie conlractor, or thg Wage and Hour
orvisron ol lhe DeDarlmenl ol Labor lor gurDoses ol an
rnveslr9al!on or audrl ol aom9lance wilh 9revailln9 wa9e
,equrremenls ll as nol a violalron ot thrs suboarao.aph tor
a Dflme conlraclor 10 requrre a subconlractor lo 9rotrde
addresses and sooar 3ecunly numbers lo the p.ime
conllactor fOr rls own r€cords srlhoul weelly submj3sron
to HUD or ils desrgnee (Approved by tne Olrrce ot
Managemenl and Buc,9ol under OMB Conkol Number
12r 5,0149 )
lb) Each gayroll submrtted shall De accompanred by t
'Slaiement o, Complence ' srgned by lhe conlraclor or
subcontraclor oa his or her ag€nl who pays or su9ervrses
the payment ol the persons €m9loyed under the contract
and shall cedrty the lollowin9
Itl Tnal lhe peyroll lo, the payrolr period conlarn5 the
rnlormat,on required lo be Drovlded irnd0r 29 CFR 5 5
(a)(3)(I). lho appropalaie Inlormttron rs being mainlained
under 29 CFR 5 5(ax3l(') and lha! such intormalron ,s
coffect and complelo
fomr HUD-t0'l 0 (0fl?00S1
rcl FandDool I ]l.l IP.ge2d5
EXHIBIT *A"
PAGE 10 of 13
276203185E-0001
1288M79.1 al0/12llE
(2) Tnal each laborer or nrechanra (rnctuding each h6lOer
appr€ntice and lrainoe) employed on lhe conlracl dur|ng
lhe payroll pgriod has Deen pard lne futt woekly wages
earned, withoui rebate. eilher drreclly or rndrrectry and
lhat no deduclrons have been made eilher directly or
rndireclly ,rom lhe lull wages eaine6. other lhan
permrssrble deductions as set lorlh in 29 cFR Pafl 3
(3, Thal each laborer or meaianra has been pard not tess
lhan lhe aDpllcable wa9o retes and tnnge Denefi!s or aash
equlvalenls for lhe classilicaton of work perlo.med as
sDecried rn the applrcable *aqe det€rmination
rncorgoreled lnlo lhe aontracl
(c) The *eetly submilsion ot a proporty oreauled
certaticetron let rorth on lhe reveBe slde ot Ootronar Form
vvH-347 shall satisly lhe,equrrefienl for 9ubmrgsion ol rhe
'Slalemenl ol Complanae' required by guoparaqragh
A 3 (ri)(b)
(dl The talsrtrcalron of any ol lie above cerlllacatrons may
SUbleal lhe aonlraclol or subconlraclor to crvrl or crimrnal
oroseculron und9r seclion l00l ol Title 18 and section
231 ol Trtl€ 3l ot ths l.tnrlerl States Code
(iii) The coniaaator or subcontraclor shatl male the
,ecords reqL/lred undsr subparagraph A 3 (r) ayailable for
rnspecl,on copyrn9. or lranscrioton by aulhonzed
reprelentairves ol HUD oa ils desrgnee or the Depanment
ol LaSor and shall 9ermrt suah representelrves to
rnlervrew employees dufing worlrng horrrs on lhe Job ll
the conlraclor or lubcontrector larls to !ubmrl lhe required
records or lo male liem ayarleble. HUD or rts designee
may, afler wnllen noirce to !n€ conlraclor sponsor
appl'canl or ownet, lake guch aclron as may be necessary
1o cause lhe st/sDensron ol any lunhet payment. adv3nce
or guaranlee ol tunds Fu(he.more. larlure to submit tne
required records u9on reques! or to rntle such tecords
avarlable nay be orounO! lor debarmenl aclron pursuait to
29 CFR 5 12
a. Ao9renlico! and Trainee3.
li) Apprentrce!. ADDrefltrces wrll be germlled lo *orl at
less than lho 9redelermined raie lol the worl tiey
perlormed vvhen lhey are efiployed Dursuanl lo and
rndivrdually reor9lered In a b0na lide agprenticeshrp
9rogram .egislered wlth the u s Depertmenl ot Labor
EmDloymeni and Trainrng Administralron. Oll,ce ol
Apprentrceshrp Trarning, Emptoyer and Labor Ser\/rces or
wiih 3 Slate Apprentrcesh,! Agency recogni:ed by the
Ofice or rI a p6rson rs employed rn hrs o, her first 90
days ol gro0alronary employmenl as an :porentrce in suchan apprentrc€5hi! program. who rs nol lndrviduall,
feqrstered in the 9rogram bul who has Deen aertrtred by
lhe Olice ol AporenticeshrD Iralning. Employer and Labo.
Servrc€s or a Slale ApprenlrcesniO Agency lwhere
aporoprjrte)1o be el9rhre for 9robalronary employnlenl as
an aDgrentlce The arlowable ralao ol aoDrentrce5 lo
lourneymen on the,ob sile rn any crari (la3sricalaon sh3ll
not be grealer lhan the ratro permatled to lhe conlracior rs
lo lhe entrre *oal lorae under the regrstered Drogram Any
worl(er lrsted on a payroll al an spprenlrce wage rale. *ho
rs nol regisiered or olher*lsE emDloy€d as staied aoove,
shall be Daid nol less lhan the aDplicabte wage rate on the
*age delernrnatron lor the classilaaatron of wort aalualry
gearohed ln addrlon. any apgrentrce pedorming wort on
lhe ,ob s(e rn exce55 ol tie ratro p€rmitled under lhe
reql9lgred 9rog.am shall bo Daad not less lhan lhe
applrcable wage rale on lhE wage delermlnalion tor the
worl aclually Dedormed Where a contraclor is pertorlnrng
consl^rclion on a proiecl i^ e locelity other than thal in
which its proqram is regrslsred the ratios and waqe rales
(e)(pressBd rn percenlaOes ot lhe iouroeymao s hourty
rate) 3D6crrred in Ih9 conlraclor's or subconlractor g
reoislered program thalr be obseoed Every apDrenhce
musl be 9aid at nol less lhan the rale specrtred rn the
reqlslered program lor lie apOrentrce s level ot progregs
erDressed as a percenlaoe ol lhe lo!,rneymen hourly rate
spearfred rn lhe epplcable *age delermrnalton
ApDrontices shall be paid iringe lrenefits in accordance
lh the provrsion3 ot lne apprenlrceshiD proqrem Il the
a9prenlrcesnip pro9ram does not specify fnnge benelits,
atprentic€3 musl bo paid the lull amounl ol krnge benefrls
llsted on lhe wage delermrnallon lor !he apptrcable
clesslficiton ll lhe Adminislrator delermines lhal a
d,lterent practiae prevarls tor the apprrcable apprenttce
classalacaton. tr!nges Shall be paid rn accordanae wrlh lhat
determrhalron ln lhe event lhe ottrae ol Approniceshlp
Trarnrng Emgloyer and Labor Servrces. or a Slaie
Apprenliceshrp Agency reaoqiazed Dy lhe Oftice.
ulhdra*s approv.l ol an apprenliceshrp program, the
conlractor wrll no longer be permitled to ulrllze
apprenlices al less lhen th9 ap0rrcable preoelermjned rale
lor lne work pe ormed unlil an acceplable Dtogtam rs
approved
{ri) Taainaes. Ercept as provrd€d rn 29 CFR 5 16.
lralnees will nol be oerm(ted lo wort al ross lhan lhe
9redetermrned rate tor the lro.l perlormed unless tney are
em9loyed pursurnl .to and lndrvidualry regrslered rn a
9rogram whrch has receaved pror appaoval evrdenced by
lormal aenrtraalron by lno u s oepartmenl ot Labor.
Employmenl and Trainano admrnrsl.ataon The ratro ol
lrain€es lo lourneymen on the iob sate shalr nol be grealor
lhan permitted under lhe plan approved by lhe
Employmont and Taarnrng Admrnrslrataon Eyery trainee
muSl be 9aid at nol le35 than the rate spocrfreo rn the
aoproved 9rooram tor lns lrainee's level ol Drooress.
erptess€d as a petcenlage ol lhe touheyrran houfly rate
spearraecl rn lhe 3pp[cable wage 6elerminalion Trarnees
Shall be p.id trnqe benofrls rn accordance wlh lhe
9roylsrons ot the lrarnee program lf lhe lreinee prooram
does not menljon lringe benefill lrarnees snall be 9a16
the lurl emounl ot krnge benefil3 lisled on the waoe
delermrnalroo unless lie admrnlslrator of the waos and
Hour Drvlsron delormlhes thal there is en apprentrceship
p,og13m essocialed wtlh lhe corre!9()ndrng journoymSn
wage rate on the *aqe delerminalion *hich grovides lor
ress lhan lurl lln9e benolls tor app.enttaes Any
em9loyee lrsled on lhe Dayloll al a lrarnee rale tho 13 nol
reolstered and patucrpalrno ln a trainrng pten aoproved by
lo.rn HUD-4010 I 0i/:009)
re{ FandDcol l3.l! lPiSe 3 ol t
EXHIBIT "A"
PAGE l1 of 13
2762011858-000t
12E804?9.1al0/12/18
the Employment and Tralning Adminislrat,on shall be pard
not less lhan the aDDlicable waqe rate on the wage
deierminalion for lhe worl actually Derlorm€d ln addrtron
any trernee 9erlo.mrng worl on the job grle rn etcess of
the ratro permilled under the ragiSlered program 3hatl be
oaid not less lhan lhe apglacable wage rale on the waoe
detGrminalion lor lhe $/orh aalually pe ormed ln the
event the Employment and Trarnrng Admrnrslralion
wilhdraws approval ol a trarnrng progrem, lhe conlraclor
will no longer be 9ermitled to ulrlize lrernees al less lhin
the aDplicable predglermrned rale for lhe work pedornred
until an acceptable Drooaam is aDproved
(iir) Equll employmenl oppoalunity. Tne ulrlzalron ol
approntices trarneos anc, iourneymen under 29 CFR Pan 5
shall be ln conlormlty wilh the eeual employmenl
oppoflun(y requrremenls o, Ereau!rve O.der 11246 as
amended. and 29 cFR P:rt 30
5. Complitnce wilh Copolond Act requi.emenl!. The
conlractor shall aomply with the requlrenents ol 29 CFR
Parl 3 which are rncorporated by relerence in liis conlrac!
6, Subcontract!. Tho conlractor or subaontractot wrllrnse rn any subcontracts lh9 clauses conlalngd rn
subparagraphs 1 throuoh l1 rn lhrs lrraqraDh A and such
olner clauses as HUD or rls de3rgne€ may Dy appropiate
rnslruclron3 roquiro an6 a copy ot tho aDplrcatlle
prevarling waoe declsron afld also a clause requirrno the
subconlraclors lo rnalude lhese clauses rn any lovyer lrer
Subcontracls The pfime aonltaciol sliall be resDonsrble
for ihe complrance Dy any Subconlraalor ot lowet tr€r
subcontraclor wiln arl lhe contracl clauses in liis
paragrrpn.
7, Contracl termanatron: debrrmenl. A breaci ol the
conracl cla{rses rn 29 CFR 5 5 may be ground3 for
terminalion ol lhe conract and ,or debarment as a
con!raclor and a subcontraclor as grovideal rn 29 CFR
512
8. CorMiance w n Davit€ncon and R€lrled Aal Requirements.
All rulrnqs and rnterDretalrons ol the Davrs-Bacon and
Rerated Acts con:3ineo rn 29 CFR Parts l.3. and 5 are
heretn rncotDoraled by teleaence ln lnis conltact
9. Di3pule3 concernln0 lobor !landards, Olspules
ari3rng oui of the labor s:andards provrsrons o, lhis
ronlraal !harl not be subiecl lo the 9eneral drspuler
crause ol lhis ronlrscl such drsputes thall be resolved rn
accordance wrlh lhe grocedures ol lh€ 0epa.tmenl ol
LaUor sel lorlh rn 29 cFR Parts 5. 6 and 7 Drspules
withrn lhe meaning ol lhis clauge analude dispues bolvieen
lhe contraclor (or any ot (s suDconrraclors) and FlJ0 or
r19 desrgnee, the u s DeDa menl ot Labor or lhe
enrployees or therr represenlalrves
10. lr) Certilac.rion ol Eli0abalaty. By entenng inio rnis
conlract lhe conlraclor cerlrlres thal nerther rl (nor h€ or
sn9) no, any person or frrH who has an rnleresi ln the
coniractor 5 lrm rs a person or lirm rnelrorble lo be
rwarded Governmenl contracls hy v,rlue ot Seclion 3(a) ol
the Davts-Bacon Act or 29 CFR 512(a)(1) or lo be
awarded HUD contraals o. parliarpate rn HUD programs
Drrrsuan! lo 24 CFR Part 24
(il) No Dan ol thrs contrect shatl be subcontracled to any
person or lirm anelioible tor award ot a Governmenl
conlracl by vlrlue ol sectron 3(a) ol the Davrs-8acon Act
or 29 CFR 5 12(a)(l ) or lo b0 awarood HUD contracls or
parlrclpale rn HUD programl pursuanl to 24 CFR Part 24
lili) The penelty lor malrn9 talse stalements i9 Orescribed
rn the t, S Craornal Code. t8 U S C 100'l Add'tron.lly.t.S Crlmrn.l Code. Secrron 'l 01 0. T'11€ i8. U.SC,
'Federal HouSinq Adminislralon transaations" Drovrdes ln
9arl 'Whoever, lor lhe pur9o3e of intluencrng rn any
way the action ol 3uch Admlnistralron . males, ulters or
9ubllshgs any slatemenl lnosrln9 lhe 3ame lo b6 lalso
shalr be fined nol more lhan $5.000 0r imDnsoned not
more lhan lwo years oa bolh "
It. comglarltr, proceedinos, or Iogflmony by
Employoos. No laborer or mechanic lo rvhom the wage,
sarary or olher labor stsndard! provisrons of th13 contraat
ere applrcable thrll be dlscharged or rn any olher manner
drscrimrnaled eoarnst by lhe Conlraclor or any
subconlractor beaause such employee has frled any
comglaant or ingllluled or caused lo be inslrluted any
proceed,ng or has teslalied or is alrout to teslily in eny
9roceedrn9 under or relatrn0 lo the labor slandards
a9plicable undBr lhis conlracl lo hl3 employer
B. Coof.ct Wo lro(r! and S.hly Sirftd.rd! AcL T}c
p.o\rssB d fls Draoraph B are Tdicrh rlEre OE nEn oa he
lnme cqr!?cr erceeG glq).om As lrsed in rls 9raor+h. rE
tems ldarEas' and 'rnedlrf6' in c lud e walchmen and guards
(ll overtime requirelnenta. tlo cdlrado. o $nqiraqtq
dtaatno fd -y pa'l of t1o atrired rcat nlich nray .eqrie o.
nvd€ rle enpbriefl 0l lMe.s d rrc<Jsrcs Irdl IeQ*e q
Denrn iny srdr lroae. d nrch{ia h aary *qr,,Ed( m *llarl tl€
ndvitl, 6 efrployed dl $cn wql to va.l n ercess 0,.10 hous In
sucn gdt{leek oleSs gJdl |rtoaea oa mecharc receoea
cdrpellselolr al a rato rbl le3s rrJl oaE ,6 anehdl trn€s $€ b6,c
rde ol pay ,o( dl harrs yit.t€d h ercess d 40 hous n s{rch
l2) Vrol.tion; lalbility lor unp.id r.ge!: liquidrled
damaoe3. ln the evenl ol any vlolatron of lhe clause sel
torlh rn auboaragra9h (l ) ol thls paragra9h the aontractor
and any subconlraclor responsrbl6 lherelor shall be Iable
for lhe unpard wages ln addrtron Such conlractor ano
subconlractor shall be lable lo lho united slates (ln lhe
cese ol worl done under contrect tor the Dislricl ot
Columbra or a terilo.y. to suah oistnct or to such
lernlory), tor lrqurdaled damaoes Such lrquid:ted
damages sl!all be comDuted v/lth respecl lo eecn Indivldual
labor€r or mechanra rncludino *alahmen and 9ua.ds.
emgloyed rn vrolelion ol the clause sel lonn i6
srJbparagraph (1) ol lhrg garagraph, in tlE 9m 0,110 tbr each
aal€rd, dry c.r srlich s{rch ird\.dJal 16 reqxed d p€rn*fied towt h aress ol the st ldrd s!.treet ot 10 hd,s $ftlJl p3ynlenl
o, fE o.griE q.5 requrred by the crause set lonh rn sub
pareora9i ll) ot lnis peraoraph
p.ir :r,j lit a.t jr! ,-i6. !.:1 HflI.l_l r -t-lFagerolS
EXHIBIT*A''
PAGE 12 of 132762l03tE58-000t
12880419 t al0/12/l,l
(31 Wathholdin0 ,or unp!id wlge! cnd tiqutdlled
drmaoe3. HUD or ils deslonee shatt upon tts own aalion
or upon wrllten requesl o, an aulho zed represenlaltve ol
lhe OeDartmenl ot Labor wrtnhold or cause lo be h-rtnheld
trom aoy moneys Dayable on account o[ rort pertoamed by
lhe contractor or subconlraclor 0ndet 3ny guch contracl or
any olhea Federal conlract wilh the same pnme coniract.
or any olher Federally-assisled conkacl subJecl to th€
Contract Worl Hours and Satety Standards Aat whtch is
held by lhe same prame conlraclo, such sums as may be
d€tennlned to be necessary lo setrsly any ftabilttres Ol
such contractor or subconlraclor for llnpard *age3 and
lrquidated damaoes as ptovldod in lhe clause sel ,orlh rn
subDeraqraDh (2) ol thrs paraoraph
(a) Subconlractr. The conlraclor or subcontractor shall
rnsert in any subcontracls lhe clauses set torth rn
subparagrarh ( l ) lhrough (4) ol lhis oaragraDh and also a
clause roqulrlng lie subconraclors lo include lhese
clauses rn any lo*er lrer subcontracls The prr s
conlraalor shell be responsible ,or compliance by any
subcontraclor o. lower trer subconlraclor with lhe clauses
set lonh in sub9aragraphs (l ) throuoh (d) ol lhrs
pare9raph
C. Ho.lth and S.fety, Th€ prqvlsims o( frs 9e'4trph C ,e
applaetle wtlere rre lYu,nl d tlE p.rne c6t-&l eraeeds 51@ 0([)
(l) No laborer or mechanic shall be .equrred lo worl rn
surroundrngs or under worling condrtrons whrch are
unsanrlery hazardoirs. o. dangerous lo hrs nealth and
safely as delermrned unde. conslruclion salely and health
slandards pronrulgated by the Secrelary ol Laboa by
reoulatron
(21 Tne contractor siall comgly *1ln all reourations
rssued by the 9ecrelary ol Labor pursuant to Tille 29 Part
1926 and tarlure lo coprgly may result in imposalion ol
sanctrons pursuanl to the conlracl wo.t Hours and sal€ty
Staodards Act (Pubric L.nr 91-54 83 Stel 96) !g_!/SC
3701 el seo
r3) The conlraclor sharl rnclude the provrsions ol tnis
9araoraph in evory subconlreal so lha! such provisrons wrll
be bindrng on each 3ubconlractor. Tne conlractor lhall
tale such actron wrth respect to any subcontraclor as the
Secretary oi Fousino and lJrban Derelopmenl or the
Secretary ot Labor shall drreat as a means of enlorcrng
Such grovisrons
lffiFiiDaiotffii
el Frndtoot 134i 1Page5d5
EXHIBIT*A''
PAGE 13 of 13
276210ll E5E-0001
12,180479 1 al0/l2ll,l
EXHIBIT B
SUBAWARD IDENTIFICATION NOTICE
EXHIBIT'B"
PAGE I of3276201 I E5 E-000 I
t2EE0479.1al0/12118
ft
tv.
v.
vt.
vll.
vlll.
MENIFEE
City of Menifee
Finance Department
Federal Award ldentification Notice
i. Subrecipient Name: Boys & Girls Club of Menifee Valley
ii. Subrecipient's Unique Entity ldentifier (DUNS): 34778L79
iii. Federal Award ldentification Number (FAIN!: B-18-MC-06-0604
Federal Award Date: September 12,2OtB
Subaward Period of Performance: July 1, 2018 through June 30, 2019
Amount of Federal Funds (S) Obligated by this action by the pass through entity to
the to the subrecipient: S15,506
Total Amount of Federal Funds Obligated to the subrecipient by the pass-through
entity including the current obligation: S15,506
Total Amount of Federal Award committed to the subrecipient by the pass through
entity: $15,506
Federal Award project description, as required to be responsive to the Federal
Funding Accountability and Transparency Act (FFATA):
Community Development Block Grant Program (CDBG) Entitlement (CFDA #14-218)
City of Menifee CDBG Public Services. Specifically this program/project will entail the:
Scholarships for programs and services to low moderate income ("LMl") persons,
including, but not limited to: Before and After School Program which provides
transportation for enrolled youth to and from school ("Services"). Working parents
can drop off their children at the Boys and Girls Club prior to commuting to work.
Through the program, the children are transported to school by a licensed, certified
individual. Children are provided a healthy snack and beverages and then participate
tx.
EXHIBIT *B''
PAGE 2 of32762/031858-0001
126E0479.1al0/12118
in the "Power Hour" homework and tutoring program. Services will be provided to at
least Two Hundred Forty (240) Low and Moderate lncome ("LMl") persons.
x Name of the Federal Awarding agency, pass through entity, and contact information
for the awarding official of the Pass through entity:
Federal Awarding Agency - U.S. Department of Housing & Urban Development (HUD)
Pass through Entity: City of Menifee, CA
Awarding Official: Armando Villa, City Manager
Phone: (951) 672-6777
xt.CFDA Number and Name; 14.218 (Community Development Block Gra nt/Entitlement
Grants
xii. ldentification of whether the award is R&D: No
xlll.lndirect cost rate for the federal award (including if the de minimus rate is charged
per 200.414 lndirect F&A costs: $0/De Minimus
EXHIBIT "B''
PAGE 3 of32762103 I 858-0001
128804-19-l
^10/12/lE