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:
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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
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4. Disclosure
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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
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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.
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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.