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2019/07/01 Habitat for Humanity, Inland Valley CDBG - A Brush with KindnessCOMMI.]NITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN CITY OF MENIFEE AND HABITAT FOR HUMANITY INLAND VALLEY FOR PUBLIC SERVICES FOR THE CITY OF MENIFEE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS COMMLTNITY DEVELOPMENT BLOCK GRANT AGREEMENT ("Agreement"), entered into as of this 1"1 day of July, 2019 by and between the CITY OF MENIFEE, a Califomia municipal corporation ("Grantee"), and HABITAT FOR HUMANITY INLAND VALLEY, a Califomia nonprofit corporation ("Subrecipient"). RECITALS WHEREAS, Subrecipient is a nonprofit organization dedicated to dedicated to facilitating the dream of homeownership, as well as improving living conditions for those in the community of Menifee Valley, which includes portions 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 Ten Thousand Dollars and Zero Cents ($10'000) ("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: 2762l03185E-00{t 12965480.1 a0E/27l19 WHEREAS, Grantee participates in the Community Development Block Grant program administered by the United States Department of Housing and Urban Development C'HUD') under Title I of the Housing and Community Development Act of 1974 (42U.5.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 progmm, Grantee receives funds fiom HUD ("CDBG Funds") to be used for the support of community development activities that meet at least one of the three national obiectives of the program: (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; I SCOPE OF SERVICE A. Activities Subrecipient will be responsible for administering a Community Development Block Grant ('CDBG") Year 201912020 Public Services Program ("Program") in a manner satisfactory to Grantee and consistent with any standards required as a condition ofproviding these funds. Such program will include the following activities eligible under the CDBG program: Program Delivery Activiry #l: Programs and services to low moderate income ("LMI") persons, including, but not limited to: Habitat for Humanity Inland Valley's "A Brush with Kindness" Program ("Services"). Through the program, low moderate income residents are provided direct assistance with landscaping services, including yard clean-up, weed abatement, planting new shrubs, minor painting and beautification, as well as window washing and general neighborhood clean-up activities. Services will be provided to at least thirty three (33) LMI persons. Specifically, the program will serve "Presumed Clientele" persons of62 years of age or older. 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 of the Program includes the following activities: Project Monitoring Project Fiscal Management Project Reporting C. Levels of Accom D lis hment - Goals and Perform ance Measures Subrecipient agees to provide the following levels ofprogram servlces: 1 2 3 Activiw Activitll Total Units/Year At Least Thirty Three (j3) LMI Persons 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 ugency, 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 thirty tree (33) LMI persons. Subrecipient shall document and maintain records ofthe number of LMI persons served throughout the year. 276201 I E58-000 t 129654&0-l a08/27119 LMI person is deJined as a person having an income equal or less to than 80%, of the area median income, and outlined in the following table, or persons presumed to be LMI in accordance with 24 c.F. R. $ 570.208(2)(a). Riverside County Area Median Income (FY 2019): $69,700 Family Members In Household Extremely Low Income Limits (307o of Median) Very Low Income Limits (50% of Median) Low Income Limits (807o of Median) Annual Monthly Annual Monthlv Annual Monthly I $I5,r00 $ 1,258 $25,1s0 $2,096 s40,250 $3,3s4 2 $ 17,250 $ 1,438 $28,7s0 $2,396 s46.000 $3,833 3 $ 19,400 $ 1,617 s32,3s0 $2.696 $51 ,750 $4,313 4 s21.550 $ I,796 $35.900 s2,992 $57,450 $4,788 5 $23,r00 st,942 $38,800 s3,23 3 s62,050 $s,171 6 $25,000 s2,083 $41 ,650 $3,471 s66,650 $5,ss4 7 $26.7s0 s2,229 S,14,550 $3,713 $7 r,250 $s,938 IJ $28,450 $2,371 $47,400 $3,9s0 $7s,850 $6,32 r D. Staflinq 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 rformance Monito 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 performance, Grantee may, but is not required to, initiate contract suspension or termination procedures to suspend or terminate this Agreement. II. TIME OF PER.FORMANCE The term of this Agreement is from July 1, 2019 through June 30,2020. 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. J2?6203 I 85E-0,00 t 129654E0. 1 a0E/2?/ 1 9 III. BI]DGET Subrecipient shall apply the City Grant funds received from Grantee under this Agreement in accordance with the line item budget set forth as follows: Salaries Fringe Oflice Space (Program only) utilities Communications Reproduction /Printing Supplies and Materials Mileage Audit Other Indirect Costs (Specify) TOTAL $10,000 Any indirect costs charged must be consistent with the conditions of this Agreement. ln 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 It is expressly agreed and understood that the total amount to be paid by Grantee under this Agreement shall not exceed Ten Thousand Dollars and Zero Cents ($10,000). 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 pa)'rnents shall be made to: Habitat for Humanity Inland Valley 41615 Winchester Rd, Suite 214 Temecula, CA 92590 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 notify Grantee ofany ofthe following changes: o Loss of Non-Profit Status; or $9,289.00 71 1.00 0 0 0 0 0 0 0 0 0 2762103 I E5E{00l 12965480.1ao8/27l19 -4- oil o 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 other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details conceming this contract shall be directed to the following contract representatives : Grantee Subrecipient Wendy Preece, Deputy Finance Director City of Menifee 29844 Haun Road Menifee, CA 92586 Phone: (95 I ) 672-6'7'17 Fax: (951) 679-3843 Mary Stein, Program Manager Habitat for Humanity Inland Valley 4l6l 5 Winchester Rd. Suite 214 Temecula, CA 92590 Phone: (95 I ) 296-3362 ext 20f vI.SPECIAL C ONDITIONS None VII. GENERAL CONDITIONS 276203 I 858-000 r 12965480.1s0E/2?/19 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 responsibilifies described in 24 C.F.R. $ 570.604, and (2) Subrecipient does not assume the responsibility for initiating the review process under the provisions of 24 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 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 er seq. 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 -5- 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 regulations in any manner affecting the performance under this Agreement, including the CDBG Requirements. Subrecipient shall indemnifu, protect, def'end, 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 fiom 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 l78l of the Labor Code, as the same may be amended from 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. It is a$eed by the parties that Subrecipient shall bear all risks ofpayment or nonpayment of prevailing wages under federal law and Califomia law and/or the implementation of Labor Code Section 1781, as the same may be amended fiom time to time, and/or any other similar law. "lncreased 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 Harmless Subrecipient shall indemnify, defend, and hold harmless Grantee and its officers, offrcials, 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 Agleement or otherwise in connection with the Progtam or Sewices, except to the extent of such 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. C. Workers'Compensation Subrecipient shall provide Workers' Compensation lnsurance coverage for all of its employees involved in the performance of this Agreement. D. Insurance & Bondins 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 of the City Grant. 276203 I E5E-0001 129654a0-l a08/21/19 -6- Subrecipient shall comply with the bonding and insurance requirements of 24 C.F.R. $$ 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 liabiliry 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, counry, 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. In 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 Reco pnition Subrecipient shall ensure recogrition ofthe 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. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible wilh city Grant funds under this Agteement. G. Amendments Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agleement, and are executed in writing, signed by a duly authorized representative of each 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 of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient -'7 -276203 I t5E-m0l 12 54E0.1a08/2?/19 H. Suspension or Termination ln 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 Agteement, which include (but are not limited to) the following: 1. 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. Ineffective or improper use ofcity Grant funds provided under this Agreement; or 4. Submission by Subrecipient to Grantee reports that are incorrect or incomplete in any material respect. ln 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 grant was made, Grantee may terminate this Agreement in its entirety. VIII. ADMINISTRA TIVE REOUI REMENTS A, FinancialManasement 1. AccountineStandards 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. Cost Pri nciples 2 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, d Subrecipient is a governmental or quasi-governmental agency, the appticable section of 24 C.F.R. Part 85, "Unifurm Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," and OMB Circular A-87 would applv.l 276201 r E58-OO0l 12965480.t ao9lzlll9 -8- Documentation and Record Keepins l. 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: Records providing a fulI description of each activity undertaken; B a b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG progam; c. Records required to determine the eligibility ofactivities; 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. 2. Retention Subrecipient shall retain all frnancial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period offive (5) years. The retention period begins on the date of the submission of Grantee's annual performance and evaluation report to gUn in which the Services under this Agreement are reported on for the final time. Notwithstanding the above, ifthere is any litigation, claim, audit, negotiation, or other action that 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 of all issues, or until the expiration ofthe five-year period, whichever occurs later. 3. 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 otherbasis for determining eligibility, and description ofservice provided. Such information shall be made available to Grantee monitors or their designees for review upon request. -9-2?62103 I 85 8-000 r 12965460-t a0al27t19 Subrecipient understands that client information collected under this contract 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 ftom such person receiving service and, in the case ofa minor, that ofa 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 progmm 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 fulty cteared 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 Crantee of future payments of the City Grant. Subrecipient hereby agtees to have ar annual agency audit conducted in accordance with current Grantee policy concerning 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 and consolidated the requirements from OMB Circulars A-21, A-87, A'110' A-122, A-89, A-102, A-133, and A-50.. C.Reoo ond Pavment Procedu res l. Program Income Subrecipient shall report quarterly all program income (as defined at 24 C.F.R. g 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 at 24 C.F.R. $ 570.504. By way of further limitations, Subrecipient may use such proglam income during the term of this Ageement and shall reduce requests for additional City Grant funds 27621031 858{001 129654E0.1a0E/27l19 4. Disclosure -10- by the amount of any 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 progtam income and shall be remitted promptly to Grantee. 2.Indirect Costs 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. 3. Pavment Procedures Crantee 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. ln 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. a. Subrecipient agrees that fimds 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 ofCDBG 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. 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 tfuough a reimbursemenVinvoicing method only, with payment 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 nature and propriety of the charges. All accounting documents pertaining in whole or in part to this Agleement shall be clearly identified and readily accessible, and upon reasonable notice, Grantee and HUD shall have the b c -l l-2?621031858-000r 129654E0.1 a08/27l19 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. Subrecipient shall also: Maintain an effective system of intemal 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 fiom 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. lnform 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. Maintain complete records concerning the receipt and use of all program income. Program income shall be reported on a monthly basis on forms provided by Grantee. 4. Prosress ReDorts 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 I July-September October 20 a. b c d f. 2762103 I E58-OOOI l29ti5490 -l aO8/2'1 I 19 -t2- Quarter Reporting Period October-December January 20 3 January-March April 20 4 March-June Julv 20 Along with the quarterly progress reports, Subrecipient shall provide Grantee with twenty- five percent (25%o) sampling of self-certification forms and ten percent ( l0%) 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 ofall Services provided or performed with CDBG Funds, and financial report shall be submitted at the end ofthe program year. The annual report shall be submitted no later than August I st. D. Procuremen t l. Compliance Subrecipient shall comply with current Grantee policy conceming the purchase of equipment and shall maintain inventory records ofall non-expendable personal property as defrned 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. 2. OMB S 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. 3. Travel Subrecipient shall obtain written approval from Grantee for any travel outside the metropolitan area with City Grant funds provided under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 C.F.R. Paxt 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 arcributable to the use of CDBG Funds under this Agreement at the time of expiration, cancellation, or termination. 2. In all cases in which equipment acquired, in whole or in part, with 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 2762031E58-0001 129654a0-l .08/2 7 /19 - 13- Due Date 2 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 of the equipment less the percentage ofnon-CDBG Funds used to acquire the equipment. F. DUNS and SAM.GOV Resistration and Subaward Identification Notice Reouirements 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 registration with the federal www.sam.gov site to verify it is eligible to receive federal firnds, and not federally debarred. In addition, Grantee shall require completion of the subaward identification 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. REPRESENTATI ONS AIID WARRANTIES O F SUBRECIPIENT 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 Validation 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 ofor 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 of any lien, charge or encumbrance of any nature whatsoever upon any of its property or assets, except as contemplated by the provisions of this Agreement. 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 insffument 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 agrcement or instrument to which it is a party. 276203 | 65E-O(m I 129654t0.1a0U27/19 -14- D. Pendine Litisation 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. Comoliance Subrecipient has examined and is familiar with all conditions, restrictions, reservations, and ordinances affecting the performance ofthe Services. The Services will in alI 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. 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 ofthis Agreement shall nevertheless be in full force and effect. XI. SECTION HEADIN GS AN D 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. WAIVER 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 constitute a waiver ofsuch right or provision. XIII. NONLIABILITY O F OFFICIALS 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, offrcial, employee, or conffactor 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. XTV. APPLICAB LE LAW: VENUE The intemal laws ofthe State of Califomia shall govem the interpretation and enforcement of this Agreement. All legal actions must be insfituted and maintained in the Superior Court of the County of Riverside, State of Califomia, or in any other appropriate court in that County. - l5-276,/0t I 858-000r 129654aO.1^oBl27/19 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. xvr.NO CONFLICT OF I NTEREST 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 Interest with Grantee's Filing Officer if such filing is required under state law in connection with the performance of the Services. XVII. THIRI)PARTY BENEFICIARIES With the exception of the specific provisions set forth in this Agreement, tlere 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 agleement 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] 2762103r 858'000r 129654E0.I a08/27i l9 - l6- XV. EXECUTION IN COTII{TERPARTS IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. IGrantee]ls By Date:?'ts -t"? A. Man City Deputy Finance Director AS TO FORM: J ching, City Armando G. V illa, City Manager Date: By: Craig Date: Executi Director 0/7 t 0 Countersigned: 276203185E-000r 12965480.1ao3l2?l19 -t7- Wr^/fvb-By: Tammy Attest: EXHIBIT A SUMMARYOFLEG L REOUIRf,,MENTS 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 l. Equal Opportunity and Nondiscrimination. a. Titte VI of the Civil Rights Act of 1964' as amended, including Public Law 88-352 implemented in 24 C.F.R. Part l. 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 of the sale or rental ofhousing for families with children and persons with disabilities. The Fair Housing Act also establishes requirements for the design 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 l914,as amended, including 42 U.S.C.530f eL seq., 42 U.S'C.610f eL 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 Titte 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 of certain 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 applicable laws, regulations, and requirements, the applicable laws, regulations, and requirements shall apply. EXHIBIT'B" PAGE I of 13276203 I 858"OOO l 12965480 I a08/2?/19 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 I1063, as amended, including 24 C.F,R. Part 107. This order and its implementing regulations include requirements that ill 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 proglam 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 of a public entity, be desigred 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 qualify as disabilities and the reasonable accommodations that must be made to assure equality of opporhrnity, 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 activiry 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 Affirmative 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 oppornrnity 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 (5 I %) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afio-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 13276203t8s8{OOr 12965480.1 a08/27l19 2, Environmental a. Air and Water. Subrecipient shall comply with the following regulations insofar as they apply to the performance of the Agreement: Clean Air Act,42U.S.C.740l, 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 I 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 Protectiou 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. Patt35, 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 concrurence 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. ln 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 funds or undertake an activity or project that would have an adverse environmental impact or limit the choice of reasonable altematives. 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. g 58.34, or is categorically excluded (except in extraordinary circumstances) under 24 C.F.R. $ 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 l3276203 I E5E-{X]o r 129654E0.1 a08/27l19 The uniform administrative 4. Other Program Requirements. Subrecipient shall carry out each activity under the Ageement 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) transfened to Grantee for the CDBG progftlm, 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, mles, and regulations, including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U S.C. $ 4601 er se4., 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. Allowabte 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(,). EXHIBIT*A'' PAGE 4 of 132762103 I 858-0001 129654E0.1 a08/27l19 10. Conflict of Interest. Subrecipient will comply with 24 C.F.R. $$ 84.42, 85.36 and 570.61I 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 ofone (l) year thereafter. For purposes ofthis 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. 11. Political Activity (24 C.F.R. S 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. 12. Anti-Lobbying Certilication. 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 of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 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 offtcer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, gmnt, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. iii. It will require that the language ofthis certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts EXHIBIT*A" PAGE 5 of 132762031E58{001 129654E0.1a0E2?/19 under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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: ii. Establishing an ongoing drug-free awareness program to inform employees about: (a) the dangers of drug abuse in the work place; (b) t}re 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 ofthe grant be given a copy ofthe statement required by paragraph (i). iv. Notifuing the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer in writing ofhis 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. Notifying the agency in writing, within ten (10) calendar days after receiving notice under sub-paragraph (iv)(b) fiom 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 l32762/0I858-000r 129654Eo.1aoa/27tt9 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 transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty 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. i. Publishing a statement notiling employees that the unlawful manufacnre, 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. 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 ofparagraphs (i), (iD, (iii), (iv), (v), and (vi). 14, Procurement. Subrecipient will comply with the procurement standards under 24 C.F.R. $ 85.36 for governmental 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 conceming 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, l2 U.S.C. $ l70lu ("Section 3"). The purpose of Section 3 is to ensure that employment and other economic oppoftunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest 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 contract 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 EXHIBIT'A" PAGE 7 of 13276203 r 85E-000 | 12965480 I aoEt21 /19 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 employnent 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 tlose 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. vi. Noncompliance with HUD's regulations in 24 C.F.R Part 135 may result in sanctions, termination ofthis contract for default, and debarment or suspension from future HUD assisted contracts. 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 Actas amended (40 U.S.C. 3l4l 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 and l8 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. HUD Form 4010. Subrecipient shall comply and cause Subrecipient Personnel to comply with the provisions of HUD Form 401 0 attached hereto. HUD Form 4010 must be included in the bid packet and construction contract and subcontracts for the Program. EXHIBIT'A'' PAGE 8 of 132762103165E-000r 12965480.1a0E/27l19 F.d.r.l L.bor Shndarda Provlaiont u.3. lt.prrlm.lrt ot Hqlthe and Urlar orY.lopntaot Ofice ol Lebor Rebtloos Arplk-lllly Tha Proi.cl o. Pragaan to *ri.h th. con ruclion ,o.t covflt !y trrL contr.cl prndru lr bclng 8$rled by lhs Un rd slrt.. ot Am.rl.. rrd lh! to{orlng F.dlral L.to. St.dar6 Prov!$om ata inclrrad in thi! Contract pgrluanl lo tlra paoritioar tpPliaaua lo tuch Ftoaral atdalanca. A. t. ll, Ilr$fi,n Ia!.a. Atl LDorlr!.nd machanlca amployaa, or ro*ilto uro.r th. .lle o, ll|. rort. $ll b€ 9.ld rrncool iiondly altd not lal! otlaa lhan qlaa a raot, ard rllholrt aobtaquGlt dtduction oa 'lball m any accoml (axaa?l auct oayroll ttaductloit .t ara parm,nar, by .agulationr itNe6 by tho 3$ralrry o, Labol un{oa tnt CogeLrld Att (2i CFf, Pa.l 3), tha ,ull .mounl of larot aod no.tr tifi t inlr ban.rlt! (or calh aquiv.l.ntl th$aot) drl. at txDa ol p.yinant ao|trprrt.d .t ,atat trot latl tllall tlro.. cg alnail ln tllt wala alotan natlon ot lha 3atlal{y d L-or rhktr i! attachad lraralo and ntla a p..f hdaol. raqsd.lt d any cool actu.l rrlatbntilp rlt.dr rns, ha dL![d to artal baltaao tha cont aclo. .'ld audr l&art ld machallca. Cdttrlbulio,l. madl tr coal! ra$onaHy aallclpatad to{ borra tld. trlnla banaita uoataa Sacllon l{bx2) ol l,la oaYlr-8.con aal olt bahall o, laooaa- or mcalranlca ra aonakLrsd ra!L! pcd lo luch labof.rr o. n ch.ricr, 'l bi.ct to th. Forl.too. o, 29 cFR s-5(.Xlxtvr: ato. r.guL. conltib{rlloo. ada ol cotll inqrrrd ,q ttrfG lhln . *t.Ily p.tlo.! (but tlol lltt ott.n that qqanrdy) lrritaa dma. futt(b, or Paortam!, tlith covar lia pralltr|l.rr [ltly plriod, a,a (raairrd to ba coEt*stlvrly ,nada or ineurrod (fudr! loch llltlrry pcrlod. 3ucrr laSora[ lrd nxchatlac! lhall Da pald llt! ao9aoD.iatl rroo acr and lrloor baoaflt! on tha raoa dela,nlnailon to. tha claarnciion o, rort a.lually paatorl'ltd, riilho.rl ragad lo.llll, lxcaOl .. ptovioad ln 29 CFR 5.5(aX4) Laborcrt oa nschankt Dedoflrino iolt in lllora than ona clarrdicatldr l't y b! cqtrgqrtatld al lh! rri. lDacatlod lfi lactr ctartitlcalioar Ior tta tims aatually rcrtld thercitl: tuvtdad, Thrt ti. a,t!Cof./r paytoll t.cordt accwrtal, taf !o(h tha tlrna tpatlt lr aa.lt tlaaalttcalkr ln rilth go.t ia rarfolmad Thi raga datant nellon {locludhg zny aatrftorral dstltlaatbtt and !ra!l. ftrlaa co.Ifonnt(, ull(,e. i{ CFR 55(.Xrxll) a'ld ti. D.vl!-gacor pott J (WH- l32l) rtcl ba poltrd i! rlt tlm.i by th! cotltt.clo, and ill luDcoauaadE! at lha slto o, lh. to.* ln a grontlninl and accaaarblt. pLca rlt rl lt ctn ba .atlly taan by tha toalta. (ll, (.1 Any cl..r d l.botr.! in t!..h..Ic. rltlch it .ot Itatad h llra taol. daltrmitEttron ind rlrich it to ba atlDloFd rrtarar llr coolract arLll be clalariad ln coirsrl.nc. $$ ltr kg. d.t.flrimtron. HUD $rll agrrr{r .n .r,dlronrl claltltlcltion and rrot rita .t trtogo b.n.tlt! th.ralo, ooly rhan the lolloUlno cdt.,ia hava baln mal: (1, Th. rort to b. p.rto.road !, lha cl..amc.tkr r.(u.rt!d ir od pcrtofinad by r claarlflcrioo ,n lh. rrlo datifrnrnallon: and (2, Thr cLJ.i!'lc.tlon te uull:ad in lha r,tr b, tt conttruSllon,nd!3lay: and (3, Thr pEpor.d rag! rrta. inih,(ling ..y bom tid9 ,rtryo b$crd., bad! . r..ronabl. ..adloa!r{! lo tha utoa ,ataa cdtainad i6 tha ralo data,minatlon- {D) lt th! coitoclo. arld tio Lbo...r .nd rnlcbaalct lo ia lmrloy.it llr tb. clxrilcrtlqr (it tnol'l), oa tll.lr ractatenl.liy.., and HUo or [t (ktionaa aoax oo tia claaalllcalion trl(' raca tala (laclsdloo tha l'nosnl d.rl9ll.lrd ,or frhg. benelL *rr.re .ppaoDnah). a ,etod of th. .ctlon trlrn lhrll ba lant by HUD or lt3 d..lCmt to lhg Adrnlnattr.to. ot lt. \ry.o. and *ou. Olvidm, Ernplorm.rn $.nd.rda ftlnsdrtr.tion, U.3, D.partn r{ o, Labor. W.thimto{r. D.C. 2!210. Th. Adl!|lol.lr tor, o. ln a[horizad rapraaantatya, r{l app.ota, trodty. or al$9.6ya araa, addilioaral cl.lrificatioa actidt rathln L, dayr ot racdot arld ro adylaa HUD o. ilt lraalFaa oa ttll nolat HUO or il, d.!i!ln.. rtthir lhr 3onay Bsto.l thrt .dlrltron l tlrx i. 'rc.!t.ry. (ADpror.d by lha Ofic. ol uanaoamanl and Budgat undar oliS conttol o|,mtaa i215- 0!.a0 ) (cl tn ths ovrnt llis ronir&lor. tir l&orff! or mtchttict to 6€ eitrlqyed in tha clasmcaion o( lrllt ragr.r..tirliraa, lrd HUD or ltr daJrmt do oc trti q! th! prororart c!.lrflcrilor rnd r.i. rata (lncludtnC ina ,rou d.'lOn.i.d to. lrir{a bcnaitg. l||..a .gprogridt}. HUO o( ltr dtaitmr .rrcl ,.tor $a quQtioor. lncludlng tha ylrra ot dl itlar.'lad palit. alr(, thl ,lconnqxbtloar ol HUD or iL da.iOnat. lo tri Mi*nntratol tol dalaaminatlsr. Thc Adanlnlttialor, or an authodzed ,.grarilrutiya, rtll i.rlx . driamxr.rion rittlo 30 6ayt oa rlc.lDl rrd & .dvlx HUD o. it3 darlorx o. llll milly HUD or llr dittgnr| $lrrin lhl 30-d.y p.rlod $tl rddllion l tiru i! rxc.!!'y. (Aprroycd by th. Orica oI laanagr,In nt .t!d Eudgat ur{.. O{B Conttol itutnb.. t215-0ra0.) (dl Th. uroE rais (h.ludllE tulnoc b.oefitt thalt rpDaolriat!) aLla.tninad Dtr,au.nl lo aubparagaaPltt (lxitxb) o. (c) ot thit o.r.cr.9h, .h.ll b. p.ld lo cl ror|(ar! parlonnint torl in tha alrttmcatioi uodaa lhia contlaal t,om lha lirtt rLy on riiah ro.r ir palrofil.rl ln lh! cl.armadiotr lllll Wlrn.rff tho ninim{m rlla trll prutllibld in lh. donlracl tor a claat ot lato{ira of mcchankt lochrdat I Ltrlor brrr.llt d{ch lr not erpfatled .l ar houdy .rta, l}la Gontrrclor ltdl clh.. p.y Ita baiail r. tttLd h ol. rao. drl.lmlnaloo o. lnen Day .llothtl lolla fllrl tdnoo ban.ni or an hourly c..i .$rlvalt'tt thaotot. (lvl lt ltri codt..cto. do.r rot mals 9arfisrtt lo a tnrll9a oa otl6. ttl.d peEon. the conlractor m.y aona)aL, aa ,-l trF{lo (Erru) Pranrl dira -sdfiao P.q3id5 rC lffi( l3l.a.l EXHIBIT *A" PAGE 9 of 132762103 I 858-000l 12965480-l al8t27/t9 o, tlla rr{l.a o, ary labqar or m.cllini. tlr. ar$ount ol an, a6tr raalonaHy aotichetcd in DrovidDg bdr. fid. ,rlno. bnlattt' wrdar a Dlao or fioorlrt. Provirtad, Tlrat rhc grcral.,, ot (abor haa,ohd, t oo lho rtlltan aaq ast d th. .oolr..lor. thal lh. .pDllc.bl. at.fldardi d lh. D.ri.- Bacon Acl l r baan mot. Tha Sacrdary d Laboa tnay aa(rria tha cootracLn lo aat aaldo ln a aagL.l! aatour{ aaaata toa lta ltlxlin, d oblioallonr ulda, llra plan o{ groorln. (Ag!.ov.d by rna Omct o, ll...t.rmnt and Sudgn orxirr 016 Cotlt,ol }lulttbar 1215-01,40, 2, illtaroldlr$ HUO o. llr.l..lone. tidl upqr itr o.n acllor or trpoa dtlao raquall ol an altrhoflzad rlpr'tlnhllvr ot $! Dcgrrlrclll 9l L.boryllhtold o. cala lo ba rlthhalt l orn tho amtaacl(r ufiLr tN3 coittract oa ary olhar Ft6gial cmtaact rttr! tll aaml pailne colrtracld. oa any olher Fadtrally-aaaLtad coatl.lcl $blacl to Oavlt-Baaolt paavCllng rage ,aqui,amaota, dtiah lr hald by the aams ,rimq colrtractor ro fiuch ot tha aac,6d Dtynanl! or advanc!! a! ma, ba contldorcd ,lrtcl'tary io Dry labora,r and lllechenlct, mcludlng rgDaxrllcat, tlihtaa atrd haltart, arn9loyad by tht ronlraalor oa any tobtotttrtclot tha lull cnannt o, raCaa ra{ulrrd b, l|la cdll act la itra aranl ot ,allura to Dl, an, taboaa, oa mactank, lflcludng ao, appnnlite, lrahco or halDar,fidorait o. rq*iiE oi tlta alta ol thr rotl, dl o. p.n d $e r.0.. r.qrll.d by tt tootr.cl, HUO o. lt! drticsraa ''ry, arl6 rrlttgn nolict to thc .onl..ctor, loonpt, rpllcart. ol otnll, tala 3lrch rclion |. may bo nacaattfy lo cau36 lhe tutpcnalon d ary llnhtl ttynrot. adrmra, oa gualrmia ol ltEldt rrtltll }rcI vtdatiooa haya c..rd. HUD ot lt. lt .ignso mry, rtt , ,rlttan nlilca to tlra conlractoa, ditbu[a asch antounis rtlhhdr, toa taid on accounl o, tha cortraclor oa autcoilraata lo ltl r..gacllva amplora! io liolrl ttly ar du!. Tl|l Cdrr{tollct Glrl.tal !na] mala t&ch dlrSu.r.lna*i ln lha aata ol diaad Davir-Bacon Acl ioa tact! l, (ll P.rroll. .nd i..lc ..co.t.. Peyrollt .nd ballc raco'(l! aafirling lhGillo ahall ba iEimcnad by $€ coataacloa dlrrlno lha aoutaa o, tha rorl gl.lafYad lo. a psllod ot llraa yaat! llr!,aalLr lor all hboJart and llaclra{cr oftlarg at t ta !tl! ol tha roft. 3l,3i rGoad! llrdl rolltaan thi nir!!. addt6!, lnd toctal ttcu,lty nlrrnlar o, taai ,{atl t otlat, hi! oa hlf coracl alatrlllcttlon, ho.rlly ,alt! o, gltsr pald {lftllrdn! 6ta! o, aolltrbuabaa d Goatr aaticlprad toa bna fida ,nngo banaita or c'.h a<plvala a tharad o,Iha lypas itarcalbad in S.cllo,r t(bX2XB) ot l'r. O.vis-i..on Acl). drllv.nrl E tly ,ntbar ot horr! *o,l!d, dadualbna mads aod rclu{ rrget pairt !{hqn.vs, Itra Srcrd.ry ot Labo{ hr! ,o.d !.rd.. 29 CFR 5.5 (.XlXiY) tnat lhl u49.. ot .nv ltsoa!, or nraalrar[! lnalJda Itt! llnow d an, coab n .&oaoly rr!lklD.L6 ln lrovldtn! b.nafll! uorr, . tl.r .r p.oor.lt| rt ncrlb.d ln Sact!.t llbx2x8) ot lh. D.lil- Sacoi Aat, lha tlott.ctoa ahdl ttlainlalo tecol{ra tlrlal! alror tltat ha co.nmli''lar lo prodda alrcrl ban tltt B ilrloraaath. tttal tha plan or progarm ia lltaoalally 6!ro.rl}bla. ard th.l ti! plan or pro0ra,tl h.t baan ct,rDmulrlcalrrl in rrltlng lo ma l.bora'! ol n'.i]tartlta arlectarr, d racddr iridr thor lha coalt arlcipCad oatlr. aclual coll lncurrad in proirtdit lucn Dararttt Corrlraclof! arrrlornO arprantica! oa tralnaat trodaa apP,orad proqramr rhall 'ttintain rrlttan tviiraft! d lha ,alialratroo o, aporanttcaltri, paooaallr and cartificalion o, tadnoa prograrnt, t'la ,agittn ion o, llra a99aandcat r&d mtra.', and ,ta ratlo! ana raga rcaa paarcrabd ln ttrt agrll.abl. ,.oor.rm (Atproved Uy lha Ottca d lrialamanl 5ld Budgot onda, Ollg Csrlrol tfullbar! 't2tHtro.rld r2r5-0017.) (al) (.t Ih. conir.rlor lhCl .obrait r..tly lo. r'ci xr.l ln rilch any cqrlracl rod( i! plrtonnld, cogy or a[ payrollr lo HUD o. ht it rtr r. ll Itrr aoancy ir r parly lo th. cor[recl. bd i, th. .loncy ir rd luch a p.au, ll|t coartracloa ri{ $brnll tlta paytol]i to tia lp9llcanl rpamor. (,. orie,, aa ita cart mey Da, tof irantftLcon to BUD or itr d.ii!..!. Th. pryrollr lolmlt.d.hCl lrl od accur.l.ly lnd co plataly rll o, lh€ ilrro.matld! r.qulaad to b€ m.lntdood un{rcr 29 CfR 5.5(.X3Xa).rcr9t th.t lull rocial llcuity nsnbafl aod mrm adaraa$ atdl ,!ot ba hcluood ol| rr.lly lr.n{ tlirlr. l|ltl:ad tm pryto$r rh.ll ooly tt.ar, to lncllda .n lidvldu.lly id.ntlMnc rlrsllai lo. .rch amdoyee (a 9., lha lart forr dlrha d tha anrCoyta'r xrcLl !.curlty lll,mlar) Tha aaqutaad ur.fly partoal intotmation miy ba .rrtfihlad ln an, ,oam daiaarr. OSlionC Form WH-3a7 it rvaalabla lor thir purlot. tron tns WaO. .od Hour Olvrtlolt Wab tita .i @otllt tlrccGlor !lt!. Tho Ddrm contuctor ir iatDootaolt lof tha rut nlr on ot cei.. o, payroll! !y,ll larbcontarctoL. coldaacto[ ,trd t6caratraatolr lhall nahtelo lht tt l rocial xatllly nqtrbar arr(, cuaatot tddraaa ol aaci ooy,aaad trorla(, a.ld Jndl paoytrta ttan u00ll ra{uaat !o Ht D o, lt! 6"ragnac thr .9!ncy l! . p.rty lo tha contDct, bul it tlra aloacy i! nol ruth a paaty, th, contractor ltli 3ubrni tha Dry,olla to thc atpllcatlt aoooa{rr. or oraal, aa tha aaaa nay ba, {or t,alttr tai(x to Htlo or ata dolltnaa, th! conkactoa, oa lta wara lnd *our Divlrlon ot tte Oa9tnmaoi ol Labor tor plrpoaaa ol alr iayartionlao or arrdl (, colt|plllnce $lh p,avallh! raot ro$rirarnantr. tt la not a vloli lon ol inia tsbpaaoraplt ,or I tdmg coolraclor to rcQrrna a 3ubtoa&acloa to Dmddt ra,lrraxr! $d loaaal aac!,ity 'luttsart lo fla paialta cwilttctor lo( llr otn rraofdt, Ulhout ttauy tuborl$lon to xUO o{ tt! rr!.lonac. (Ar?rov}d by th. Ottlca ol Baragtatnanl .nil gudgal unalar oltl8 Control tlomlar r215-0t49 ) (n) E cn ,.yroll lrlbrnltcd rh.ll b3 rccorip.t{.d by a 'gtd.nt 11 oi compll.n.o,' lionad b, lh€ coitJtctor oa $bconttatlot or hit oa he, agant rllo payt o{ SDca aa! |ll! Dryrnr o, tlra ,al!or!! lrnoloyld uodi tia aoltlrtct rrld !h.ll c..Ity lh. follorir9: (l) Th.t th. p.yroll lot 16. p.yroll p.dod co.ltalnl ti. irltorrElion raquirad to b. p,orld.d rfitar 29 CFR 5 5 (.X3Xri), llt! .9propri.t. ,nrrm.tio.! i! bdng nrntllnad 0.'{t!r 20 cFR 5 5(.)(3Xr}. .nd th.l ruch intdltr.ltorl i. co{raat Ind cornplata. Prllihndir!ill0ffi6 Pry2d5 EXHIBIT "A" PAGE l0 of l3 bor lrD{OtO (!IXID} lrt l"ffiod lLa.l 276203 I 85E-000 | 12965480.1 a08/27l19 {2) Thal tach labrraa.l, nrchaala (ircludlrg aach halrar, a@aa,rHaa. and trainar) aoploy.d oa lho tonl,rcl durinC th ,ayroll padod haa barr pdd lha dl raclly ragar a..nllrr, rrlhour rab{e, althaf dradry o, lndlreclly, and tiai m daductirra lrav! t r nada altilr dllctly oa llrdLacl, ltoan lh! firl raoat larnad, otnaa Ol.n Da.rnlrdbL d.(t&tbo. .. r.l loni h 29 CFR Plrl 3; (rl Tnrl .rcn labonr or mrch.nlc h.3 b..n p.il, nol l.tt tliin 8l. algllctbla rt{0 t"t| a l(d lriiga bananb o{ rali aqdvCa{a lor tha cLarlflcdtoo ot aotl 9aafo,ttlad, ar aoaclffad ln lha applicabla rrge dataftrlnatllxr rncorDoftlad lnlo thi conl act. (c, fhc ralfly ilb$ll.ldt ot r proD!fly lxacultd cirlficaro.r tal ,qtlr on lia .avqre ild. ot @$on.l Fonrl WH-3a, lhCl r.tlrry tll. f.gulr.tn€ toJ tubori..im ol th. 'gtalxraat ol ConDlltoce' aeedrad by aubprragtrph A.3.0i,(b). (dl Th. ,zlrltlcatlon o, any ot the abore ta lrlcationa may aubract lh3 cortrtclor o( rlbaonlraalot to ciYal or tfi&hrl gloaacrJll(xr lrrlder Sactioo 1001 of Tltla 18 anr, 3actlon 23t o, T]il. 3l ot th. tln .d Statai Coda (ll0 Tha cootttcto. oa aubcoolraalo. allall ,nata the ragont r.qulnd umfi rrbDrr.o.*h 4.3.(a, aYllhttag lo. imDaadon, ropyno. o' lrmrcrlFtirn by autlrxirod rSrlaa rlivr! of HUo or lt! rratlonag o, tht otp.tlnt nl ol L4oa, lnd ![all panr lrrctl tl9tcrldtatlvaa lo rnlafria, srDloyxa !fitrhg xortlrg itoora on t E toD. l, tha aanlracloa or $rbcodraclo. ,.ilt 10 trtfili lha raqul,arl raco(b or lo nat. ti.m availab&., HUD or ll! (hlqnaa may, aa.f r lto! hollca lo liG co.it,lclo.. t rooaoa. t0dlt.rai ol o$rar, hla itclr aali,ll as may bc ntit$ary to aar!. irr Bcpanrioa ol any le.thor Daymdrt, a{rvanat. ol $l-antaa o( funda. Fu,lhaamora. tailult to arimlt tic ,aiuirtd ,ac-da utoi raquxt oa to ,nala auci teco{da evadaSL may ba Orooodl tot dlbatlllanl adlon puaauant lo ,9 CFR 5 t2_ /a. Aogratlcta and Trainaaa. (ll atr.ltuc... Aogrlnlicr. r l b. prrtm.d lo lofi .l laaa lian lha lacrtaltrmlnad raa tof th! lDat thay Darlorrraa, ttan lha, arr amll,oyart pllluatt io and hdvirrlrlrly raglrt.rGd ln r bom tld! .ppGntlci.hip pfooa!,! .altralrlad ulth lno u.s. f,)rpanmml ot LrDoi, €nDloyrrlrrl ror, Trdnhg Aitlttilllrallon. Omat ol ADranttcrali, T.nnho, Em9loyi arl(' L.bo( SarYiol!, o. $th.stala Ar9.ortlc..tl9 Aotocy ilcoonlr.d by th. Ol8c., !. ll a paflon l. rmDtoy.d l. tr. o( nlt ,ir.l t0 6aya ct proballo..ry emDloynt.nl a3 an ap,lantlia ir! lllch an :ppf.nlicaahlp pro$am, urro i! not lndridorlly raoaslaaad in thr prooram. bst rlro ha! baah certit,ad by th. Ofiic. ot ADF€r icrlhlD T,.inlno. €tr|ploy., .nd Ldo. siri.a or . Strta ArD,.niicorrrlp Aoancy (rto.o arrlpd:t ) to b. elig{6lt to. pm!.!io..ry lmtloynllnt m eltnnllcr. Tio dlortbl. rrffo ot aroltollllt lo loryrryrlrn oo tM io! t[a in any craft claatjllcallor lhall not ba graalx tban l[r rallo par,nltlad lo tha contaacta. aa to tia an$lt rort torca wrdaa lia .adaLra(, Drogram ny roatar llrtad on a patroll al an app.rnilaa r.op airta. *io l' nol raglrt.r.d or othcdr. amdotad a3 rtaLd aDov!, ahall b. p.ld aot l!.. lh.n ttl! .ppalr.bl. r.qo r.l. dr thr yatD drta,fitnaiisr tor tha alratirlcalbn ot ro.t actsdly prrtormad. h a.ld bo, ery 4prantca Oaato.hlrR rrt oi ttra lo0 rita rn arcaaa ol lha ralio pa.rdttad sEaa tha ..!il.lar.d ,aogr-.n ahdl b. Daad not Lar ttan tht arp{cabla raqp aata on tha rqD dalannlndton lot lha "ort aclually ,arroanrad. wraaa a aoitrtcior b parlolrninE conitrutllon on a orcieat in a localily dhat lhen lhat lo rhlch lti oaooasi l! ragarlaaarl. lha ralloa and raca ratas (lrpaaaaad in larcanlaga3 ot tha lotanayman't lrosrly ralc) goacititd ln tha aoiLaaloa'a or $bcontaactoar ragiltr,ad program lhall !a obro.vcd. Ey!r, appranlicr mult ba paid at not lar! lian tho ,ata ,pcclll,rd ln lh! Bllltarad p.o{ra'tl loa tia arpranli.cr,wt* o, proorrar. rr!aa&ra(, a! a paactnt4ro o, tha loumarlt.Ir houd, rate logaitlgd ta tha applrcaua raga dataflnmdlorl. Apgrurtlc.| th.ll !r 0al6 ,.hgo bamttl! ln rccordan.. ?ith tia Irovirlon3 ot lhc apgGnicaahip progra,n- ll ti! appra icslt,t ,Joo,a$ do'' rot s!€ilt ,.inoo benatlt!, .gprenllc.t molt bo lald lfia tr$ aooont oa trin9r bcocfitt {!trd o. tho r.!6 daterolnallon ,or tttr aDDllcrbla clalrltlcallon. It th. A6r nlrttAd datt mlll!! tnat r dltl!.anl p..ctica Dravallr lor tta aDpllcalaa ae9,.lrtlar ckrtmcdior. ffing!! rhall b. plld ln acaodatca rlllt ttal iratfimlnatior. l'l lha re.nt tnc Otflca o{ Alprantlaattlp Trainilto. Employar aod Labor Satvict , or r !)Lla ADSrartcrlhlp Agrncy arcoami:a<l by tlta Otfic., rilhd.arr agt oyal ol an aDorantka:hip paooran, tha conlrlclor lilt lro lonlor b. prn tlail to utu!! .rpr.r l..r.l ,,.rt th lha ap9licaua !.rdetarmlnad rat tor tha *oal( 9sa,oarned ontil an acctolrblt ptootrrn ia aop.ovod. (ll, Trallrarr, Erc.pt .. prorld.d ln 29 CFR 516. taalnan dll od ba ocrnlttad to toat d baa lian tha gaadclertnlaad d! lor tha ro.l pG oanad unlaar drty ara r rbrcd p{.rq.nt ',to ..d lndlvlduall, r!!,!t!rrd in r proortm tiich ba racaavad t ,or aprioval, aytoancad ny torma, aa,tltlcatiofl by tha U.S OaDaaroanl of Latoa, Emplormanl arld Irair o, Alrminiltt.lloD. Tha ra0o d mlnaaa lo jorrrnaymai oo tha loO llta ,rall not it Craatat&an paamltlad drdar thr pl{r apraoved by lm Emtlotmeot arld Tlrlnim Alrnidrlrdlon. Evrry l.alng. ,nu!l !a prlr, not lat! lltrn ti! rlla rlorltbd ln tha apDro[d p,ogan toi lha irallttc ! Lvtl ol ptoorltt, arpnraad 2i e p.rcanla{o ol lta lormaym iorrdy raL ataclnad ln lhr applia.d. ytgr datamln tlon T.aliaat !h.ll br pald lllrga Ddr.tt! ilr acco.d:..a ttlh lhe p.oyltionr ol itra lralnar plolraltl. ll tha traiola gro0rr r ooaa not mfitlor ,rtnga bcmritt. liainae! 3hall ba gald tt! lull .mog ol lnn l banafflr lLtad qr tnt rn dota,minallo,r unl6a tha Artdinlatialoa ol llla vYaco ltd Ho{r Oviron tcta,tln ! trt l tha.. lt gl rgprlrllcaallDptolranr toclrlrd filh th. co.'lrDoirlM ,orr]nty{nror.!. mle on llre uaoe d€t$mlmtloo rilrh ,rovlrlat to. lea. lhan tull lfir{r banatit! to. ryp..r 1c.1. Ary aftploy.. lilled on tha payrdl al a tiainor ralt tlto la nol ..{arl.aad ard partic,Dalln! itr . lrdrioo pl:'! .p9rov.d by EXHIBIT "A'' PAGE 11 of 132?6201 I E5E-000I 129654a0-l ^OEl21tl9 P{.30a5 ra- }Erbol l3aa.1 tha Enr9S,tnltil atd T,alnirg Admlnllt,atot! 3nafl ba pald [ol llt' li.lr lh. rrpllcablc ra!l! rala oo lh! r.o. lraaairiLanon tbl lia ro.l actrcly pa.lorhad. h r6dillon, any trt a la.loflnlno lo{t o,l lhr lob tllo h arcrta ol l}la [tlo trrdtltd ood.r lh. t glrtll|d pfoonm ,lrlll b!p*l not ltlr thln tht .99llc2$. ra!l. lale oo lhc ullo Ottra'lhaaoa! tor $a rort acllrlly Dlrtornarr- ln Itl. avat lht ErnDloymant a,ld Trea.rlng Ailnk*llr.tlon rlthdrara apFoval ol i trrldn, proo,am, tlre conlaaator rlll no looga{ br parn lt d to olillz. lraimol .t lt.t li.n th. aprllcello pradotrrrirad ,rle ,or lh. ro.i p..fomad ondl an eattp{abli paooaam 13 ap9tovld (lllt Eqo.t .ctloy'rDart opponsnltr. The qtl,lz.iloi o( 2p9.ollo.t. traloaaa alld ,oo..r.yt.r undat 29 CFR P.n 5 .hdl ba ln c$tormlty $lh th. rqud .fiPllrm.nl oDoortunlty atqulrafianlt ol Eracutiva oadar tt246, ,l rmfidrr. rlld 2e cFR Parl30. 5. C!|llplll'c! rlu cordrnd Aat raquh{rttt!- Tht contracto. rtr.ll cqnoly rith $. r.qrlritrant! ol 29 cFR PlIl 3 dtlch arc hcorpot.ird by t{ dcnc! in thit ro.rtlact a. toocoalracla. Th. conr.doa o. lubcdttrador sll tnaai itr aty aobcdrLacla ltla cleuaat contaltrad ln tub9...rr.pi. I ltrowh ! I ln thli p.r.d..ph A rnd tuci qll|.I cltu..r .r llUD or itt d.rlgr.. mly b, ,r!op,l.l. i[atructioirt raqrlra, and a aopy o, trta apdleaH! paavallrg Ego drclrlor, and alto a clalrtt .tSrrlng lhl rubcootractsa lo includa lbat! clalraaa ln atry lor* llar rrlrcdltr.dr. The prima co.rlracto{ ahrl ba raaponllbla ,6 ttia adtrpltanra by any auburnlaaclor or lottr tlatr aubconltaclo{ dlh all lha conlraal clalraa ln tii! paralr?n. ,, Cortract Ltarlnallolr; datamrr . A breach ol lha aor(raat Glinaa! in 29 CFn 5 5 tnay ba groonrr! to, tattr{[dlor! d ora contract and ,or daoanrtrt at a roairactor and a tubconlaaclo. ar Daoytdatt ir ia CFR 5 r2. e Coidlroa-l aIlfAEr id tuahd fd R.qth:rt. All aulinga and inltoratatlont o, lha oavi!-Bacoi tnd Rllttad Acls cdrtaload in 29 CFR Pan3 1. 3. and 5 !.. haaaln i,lcor9or'atad by tararaoca ln thll co.tliaat l. DltDol.. coocamhg LDor ttmdrada. Oitplrlaa arlrio oot ot tha l*of rlaidarda proYlrlont ol illia conl,aci itcl not b. .u!r.ct lo tt. 9.n r.l dl.pul.. clauaa d tlS! ronlracl. guab dllpsta! th.ll be taiailvad In accordaooa Jti tha Droaadotar ot tha DaParti{t d L.Oor ..1 tdlh ln 20 CFR P*ti 5. 0. ..d 7 Oa.pr,.r dthtn lha aadnC ol thL claraa lnclorL rltpotaa baltaan lha cooiragtor (q any ol llr J6cor flclora) and Huo o. ita iLaigr)ao, tha U 3. O39t.lmant o, Labor. o. lha .ltploytar r iiolr rapratantatira! - t!. lll Cr.tfitcdtotr ot Ellllblrllr, By onlorflt lnlo lhh coorr.cl ttr rooticlor ca.tio.. th.t nallho. ll (ho. na { dta, ,u .rly pa.tqr o. timr rrro haa .n tot tsrt in tha loiara.ldt trrt ra a Da.lon or ll,m im{lgibla to b. afrdad Gorinmrnt conLacl! by n.tu! ol gectidl 3(a) d th. D.vh-3..on ct o. 29 CFR 512(txt, or to b. arrrdld HUo aonlrtclt or prnacigata n xuo ,ogrrnt 9{r&.nl lo 24 CFR Perl 2a lllt llo prrt ot thia cootrrct rttatl ba rrbcontractr{ to a|l, pa,arrr o. flrm lrl.llglbla tor arard ol a Oora{,}ltrlnl conir&t by virlrra ot slcllon 3{r) ol lho o&tr€acoi Acl o.29 CFR 5.r2(.Xl) or lo bs.rad.d HUD.ool..str or panElData ln HUo 9roc,am. pl,.rlarl to 2a cFR P.n 2a llll, Tha poatly ,q m.h.O Llr. tt{.m.nl. l. p.6crlt d h tn! U.S- Cn,ainal Codo. t8 U-s.C. 1olrl. Arrditiohdly, u.s. c.im,n.t cod!, g.it6n , 01 0, Ttti 18, u,s.c.. 'Fadsral Holl.l rt AdmlnbAdlon l arlacllonr', tmvldaa ln ,att: .l,Vhoaygr, tor tha pwlo{a ol . . . llrluanclng tr ary rry lhe actloo o, ruch A&r nlaFatioo. .-. malaa. unlnl d ,rrbfithta any aLlama'lt lnorlng tha aadra lo !a fCra..... andl ba linad nol monl tlran t5,000 oa lmpallorrd not l'r(Ee lhan tro yaara. oa both-' 71. corlrFl.lalt, PaocradinC., or T.il'ton, b, grngaoy.a.. Xo labo,er or maahahir to vhofi lta uaga, ..lary. oa rlhar labax 3lan.rardr provirio[ ol t]t. Cofllract ara apollttblG t.tall Da dischargld or in alty olhar srartE. dllcrln natad irgarnal by llra Contraclor oa afiy ruboontnrctoa bacauaa lud'r alnployaa har l{ad arly aonplalrlt d llr.tlluttd d a{,lra, lo ba Inttltrtaal Ily Daocrldlng or h.r tarlltlad or ia r&oul to taatlry ln y D(ocsadlno u rlar or ..Llin! 1o tha Lbor laaodardi appllcrbla unahr lhl! Conlrad to hlr mploya. g. clltd l|st 'brt nd Sty 3ra6 s. lfigoifr dta F4rdl B a# *:r lrrE l dlr ,rtl cqfd !q.6 3t(tr,m. A! l! d h L mldt h L r'B(.af ad'trEarra$ lndode valctt in an{ ,|rt((lr. lll Orarlirna raqrriraftol!. tb (tflfr a nlaartfr cqaaB t .ry Fl d ,. rmLd Et rtidr nE ]{h d hd.tur E tlr d &!t..llrttr td rEl. a 6ltt rry idr sol,o mdrtc h aly Elg h raidr li. ldrait C t.rFbyd (Il Jd! Ei b Et h .E d r$ lun h lrdr Eld( raE rdr 1&q! c fidsra ldaa(lrltttan a a rfi naa ha lt qat|.lanl.lldtrartu( th d gx k { l0r! st d h e;(.ro d r$ ln ! i irrEt* l2l Ylot.tlon; ll.blltty lor {np.ld r.C.ai llqridal.d dlllrr0aa, ln tha evant ol aay ytoaataoo o, tlrc clai !a tat ,odi in rulgaragaagn (l) ol nrit paraotrDh. lha td'tll.alo, and any aubcoilraato, raapoiaibL thaaalo{ thral ba laablt tor thr l,l9ard yagii. ln aalditia{r, luch corlrecioa and tubconl.acior rnal O. liaDL lo ihe Unltad Sfrtaa (ln lha cara ot \,lrl doara uod.r cont.lct to( tt. ObHct o, Columbia or a temto,y, lo tsch OLtricl o. lo auch te.ritory), ,or |tquld.t.d dim.O... 3uch lhuiddgd damaoa! 3hall ba aofiroled iillt ratptct to aaah iardlvldrC laio,er or machrnrr. lncludrlr! ratchmai &l{ gurdt, el'|tl,orgd an rlolrlion ot lh. chr.e ..t to,tb tl rubD.r.9r.plr (l) d thir p.r.gr.ph, arhtlndliobdi ..Lt d.y dl*idr.di l6itC E rqrn a !-r-d b Et h.rcar dtE gr&d EtF.* d,O lurt -Et Hrl d tt ortlirt -gt3 ,aqur,ed by lho clauaa iat ,orllr an !L p.nor.ph {l) oi thlr p.raor.rtr FlwE &,an lom km ]r.DJt0 oJUD)r{ rffiot t:}aa tP41d5 EXHIBIT "A'' PAGE 12 of l3276203 I E58-0001 179651,iI1 LOADT!19 (Jl llLtnoldan! tor urD.ld r.t . tod li{llrrdad df,a{ra. HUD or itr .t tlgnat rtd, upon it! orn rct}oo o, r4oar yrlorn ra$t!!t oi rn lrthoaizqd aapaaaGltatlra d tht &rartmant ol Lrbo. r{lhiold o, caura lo bo *{mrE, ttqn my mo.|!ya ,ar-la or accouni gl toti patiotttad by ttra coattracto( of lubaonttaalor undaf any grch co{rtfacl of rry othar Fadtrrl co.ltrrcl $th lta rrna plilm ao ract, or aot oltrrr Fldrrally-rlaldld co,rlr.ct $rblcrl lo tlra Cootr.ct tl9o Hour! and Srrety St nda(da Act dtlch l. hald bt lht rana prtna contractor luat luL at may bl deladrlrcd to ba rocotlary to lrli{y eny liabllltls. ot luch contnrclo, oa rubcontEctor tor m9dd fa9et and lhulddtd drmagil ,r 9.ovld.d ln ih. Elaura lgt lorlh in r6prr.qr$n (2) ot tni! prnortrlr. (al Ssbcootaactt. Tttc conhaaiot lr ilbcont.actot Jiall tnlad llt any tubcontragla thg claflaa llt torlh lo 'uiorrrcradr (l) fiollgh (al ot ltl! praotaoh and cto t claura rcqqidng iha arrbconttactora to lnakda tirt. rlrut!! in ioy loaar l,ar tubcorrnlla llla prittr codrado. lhall b! ,.tDoitalbla tot compllance ty any llrbco,tlraltor (r lo[, taf rubconlfactoa rlth tha clauatt iai aonh l.l .ub9aragraphr (l) th.oogn (t) ot lhlr pt.agragn. C. ]t .ht md lrt ry. ]hr protda! d ti F4r$! C r S(**s!tE rldlr FhD drffi @&li(Il,(m. lll No laborar o. m..tr.olc rhCl bo .aqll,.d to rort in aurrorndior oa unrrar roalino ioiditlorit lfiich art unaariitary. hszardour, ('1 dalloorou! to hlt haalti end 3.rrt ar dclundnd rmdar ton3t,tlctio,| taraty and hlallh atarlltrd! Dromulo:tot ty thr sgcaltary ot LlDor Dy ragulaio.r- 12) Th. Conlr.cto, 3h.ll comply rilh all r.gul.tlon! Iralrad by lha sac,al..y ol Lrlol,orltranl t0 Tl{o 29 Pan le26 ard,aikrja to corsly m.r,.3|Jl ln lm96ltlon of ..!rclior[ purturnl l0 ttl. Cootra(i Won Hoilt and Sdaty St.,$ritr Act. (Puutr l.f, 01-54. 83 Stet !6) ao u6c lllllri!!. (3) Tlr. colli"actor lhall lncluda tht ploeidos ol lhlt psrlrapi ln av.ry luncdttlacl ro th.t rutll pfoviJom $ll ba binding oo aach 'l6corttracto,. Tha conlraclot aiall lata $rqi actu! tltl ,i!p.ct to atly 3ubcontr..tor .. tht grc.arary ot tlootirlo aod Utbar DavcloDfie.t o. tha Socnlary ol Laboa lhCl dlrlcl a3 a matn! ot tlrlotcln! auct paoYlrona Ptolhaqtr!rt&iD tnn ltr){to (ItraJml fd u.6001 i3aa.t EXHIBIT "A" PAGE 13 of l32?6?J03r858-000r 129654E0.I a0E/27l19 PaoE5d5 EXHIBIT B SUBAWARD IDENTIFICATION NOTICE EXHIBIT "B" PAGE I of327621031858'0001 t296548O.1 al8t27 t 19 MENIFEE City of Menifee Finance Department Federal Award ldentifi cation Notice i. Subrecipient Name: Habitat for Humanity lnland Valley ii, Subrecipient's Unique Entity ldentifier (DUNS): OO224734L Federal Award ldentification Number (FAIN): B-19-MC-06-0504 Federal Award Date: July 1, 2019 Subaward Period of Performance: July 1, 2019 through June 30, 2020 Amount of Federal Funds ($l Oblitated by this action by the pass throuth entity to the to the subrecipient: S10,000 Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current oblitation: S10,000 Total Amount of Federal Award committed to the subrecipient by the pass through entity: s10,000 Federal Award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATAI: Community Development Block Grant Program (CDBG) Entitlement (CFDA #14-218) City of Menifee CDBG Public Services. Specifically this program/project will entail the: Programs and services to low moderate income ("LMl") persons, including, but not limited to: Habitat for Humanity lnland Valley's "A Brush with Kindness" Program ("Services"). Through the program, low moderate income residents are provided direct assistance with landscaping services, including yard clean-up, weed abatement, planting new shrubs, minor painting and beautification, as well as window washing and general neighborhood clean-up activities. Services will be provided to at least llt. tv, v. vt. vll. vllt tx EXHIBIT "B'' PAGE 2 of3276203 t E5E-0001 12965480.1 a0Et27 t19 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 Grant/Entitlement Grants xii. ldentification of whether the award is R&D: No xIt.lndirect cost rate for the federal award (including if the de minimus rate is charged per 2OO.4L4lndirect F&A costs: $o/De Minimus EXHIBIT *B" PAGE 3 of3276203 I E5E-0001 129654A0.1aOAnIt19 Thirty Three (33) Low and Moderate lncome ("LMl") persons. Specifically, the program will serve "Presumed Clientele" persons of 62 years of age or older.