2019/07/01 Social Work Action Group (SWAG) Menifee Homeless Street Outreach ProgramCOMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN
CITY OF MENIFEE
AND
SOCIAL WORKACTION GROUP (SWAG)
FOR
PUBLIC SERVICES FOR THE CITY OF MENIFEE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS COMML]NITY DEVELOPMENT BLOCK GRANT AGREEMENT
('Agreement"), entered into as of this l't day of July, 20'19 by and between the CITY OF
tr.mt imgf, a Califomia municipal corporation ("Grantee"), and Social Work Action Group
(SWAG), a Califomia nonprofit corporation ("Subrecipient").
RECITALS
WIIEREAS, Grantee participates in the community Development Block Grant program
administered by the United States Department of Housing and Urban Development ('HUD")
under Title I ofihe Housing and community Development Act of 1974 (42U.5.C.8$ 5301 et seq )
as amended from time to time, and the regulations promulgated thereunder (24 C F.R. $8 570 et
seq,). Pursuant to the community Development Block Grant program, Grantee receives funds
fr# fn tO (..CDBG Funds") to b! used for the support of community development activities that
meet at leasi one of the three national objectives ofthe program: (i) benefiting low and moderate
income persons, (ii) preventing and eliminating slums and blight, and (iii) addressing a community
development need having a particular urgency;
WFm,REAS, Subrecipient is a nonprofit organization dedicated to providing street outreach
efforts to homeless persons within the Menifee Valley and the Inland Empire, which includes
porlions 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 Sixteen Thousand Fivi Hundred Forty Nine Dollars and Zero Cents ($16,549) ("City
Grant") to be used by Subrecipient for certain expenses related to the Program, more particularly
described herein as the "Eligible Project Expenses", and
WI{EREAS, 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
durt"e ani the welfare of its reiidents, and in accordance with the purpose and provisions ofthe
Community Development Block Grant program.
NOW, THEREFORE, based upon the foregoing Recitals and for good and valuable
consideration, the receipt and sufliciency of which is acknowledged by both parties, Grantee and
Subrecipient hereby agree as follows:
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I. @-S.EBY!EE
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 eliglble under the CDBG program:
Program Delivery
Activity #l: Menifee Homeless street outreach Program: social work Action Group
(.'SWAG') workers shall conduct weekly street outreach focuses on the unsheltered
chronically homeless residents in the city of Menifee ("Services"). The overarching goal
is to identify those individuals living on the streets in the City of Menifee that are most in
need ofassistance to exit life on the streets due to untreated mental illness, substance abuse
and physical disabilities. SWAG outreach efforts to homeless specifically targets to
acceising basic needs resources such as suitable housing, proper nutrition and physical and
mental hialth care. Services will be provided to at least twenty (20) Low and Moderate
Income ("LMI") Persons.
Subrecipient will be responsible for the general administration ofthe Program activities set
forth herein in a mannei satisfactory to Grantee and consistent with the standards set forth
in this Agreement. General admini stration of the Program includes the following activities:
l. Project Monitoring
2. Project Fiscal Management
3. Project RePorting
B. National Obiectives
All activities funded with CDCB Funds must meet one of the CDBG program's national
objectives: (i) benefiting low and moderate income persons, (ii) preventing and eliminating slums
uni blight, and (iii) addressing a community development need having a particular urgency, as
defined in 24 C.F R. $ 570.208
Subrecipient cenifies that the Services will meet one of the CDBG program's national
objectives by pioviding services that directty benefit LMI persons. Subrecipient will provide the
Services to a minimumof twenty (20) persons. Subrecipient shall document and maintain records
of the number of LMI persons sewed throughout the year.
C. Levels of Accomnlishment - Goals and Performance Measures
Subrecipient agrees to provide the following levels of program sen'ices:
Activit],
Activity# I
Total Un its/Year
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Least Tu,enly (20) lA4l l'ersons
_') _
D. StaIfine
Subrecipient shall ensure adequate and appropriate sta{fing is allocated to perform_ance of
the Services. Nothing contained in ihis Agreement is intended to, or shall be construed in any
manner, as creating oi establishing the relationship of employer/employee between the parties.
Subrecipient shall it all times remain an "independent contractor" with respect to the ser!ices to
be perlormed 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.
I)l,lI person is defined as a person having an income equal or less to than 8096 of the area
median income, and outlined in the following table, or persons presumed to be l,MI in
accordance with 21 c.F. R. $ 570.208(2)(a).
Riverside County Area Median Income (FY 2019): $69'700
Family
Members
In
Household
Extremely Low Income
Limits
(30Yo of Median)
Very Low Income
Limits (507o of Medianl
Low lncome Limits
(8001, of Median)
Annual Monthly Annual Monthlv Annual Monthly
I $ l s.100 s 1,2s8 s25.ls0 $2,096 $40,250 $3,354
-l $r7.250 $ l.43tt $28.750 $2.396 $46.000 s3.833
3 $ 19.400 $ 1.617 $32,350 $2,696 $s r.750 $4.31 3
.t $2 r,5s0 $ 1.796 s3-5.900 $2.992 $57.4-s0 $4.7{t8
-s $23.300 $ 1.942 $3 8.800 s3,233 $62.0s0 $s,l7l
6 $2s^000 s2.083 s4l.650 $3.471 $66,650 s5 554
7 $26.750 $2.229 s44.550 s3.713 $71.2s0 $5.938
It $28.450 $2,371 s47.400 $3,950 $7s,850 $6,32 r
E. Performa nce Monitoring
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. TIMNOT'PERT'ORMANCE
The term of this Ageement is from July l,2019through June 30,2020. Theterm of this
Agreement and the provisi,cns herein shall be extended to cover any additional time p.eriod during
wiich Subrecipient remains in control ofCDBG Funds or other CDBG asset, including Program
income.
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III. BUDGET
Subrecipient shall apply the City Grant funds received from Grantee under this Agreement
in accordance with the line item budget set forth as follows:
Eliqible Proj ect Expense
S alaries
Fringe
Office Space (Program only)
utilities
Communications
Reproduction/Printi ng
Supplies and Materials
Mileage
Audit
Other (Specify)
Indirect Costs (Specify)
TOTAL
Amount
$16,549
$ 16,549
0
0
0
0
0
0
0
0
0
Any indirect costs charged must be consistent with the conditions of this Agreement In
addition, Granteernay 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. PAY ENT
It is expressly agreed and understood that the total amount to be paid by Grantee under this
Agreement shall not exceed Sixteen Thousand Five Hundred Forty Nine Dollars and Zero
Cents ($16,549). 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 perlormance
ofthe Services. Eipenses for general administration shall alsobe paid against the line item budgets
specified in Section trI (Budget) and in accordance with performance ofthe Services.
City Grant payments shall be made to:
Social Work Action GrouP
28497 I{WY 74 8-113
Lake Elsinore, CA 92530
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 shatl notify Grantee ofany ofthe following changes:
o Loss of Non-Profit Status; or
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o Change in leadership of Subrecipient 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 concerning 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: (951) 672-6777
Fax: (951) 679-3843
VI. SPEC TAL COND ITIONS
None
GENERAL CONDITIONS
A. General Comoliance
Aaron Petroff
Social Work Action Group
28497 HWY 74 B-l l3
Lake Elsinore, CA 92530
Phone: (951) 496-8790
vIl
Subrecipient shall carry out the Services and operate the Program in conformity with all
applicable Fediral, state, and local laws, regulations, and rules of govemmental agencies having
;urisdiction, including without timitation, the CDBG Requirements (except that (l) Subrecipient
ioes not assume thtenvironmental responsibilities described in 24 C.F.R. $ 570.604, and (2)
Subrecipient does not assume the responsibility for initiating the review process.under the
provisions of24 C.F.R. Part 52) and the legat requirements set forth in Exhibit A attached to this
Agreement and the statutes referenced therein, all provisions ofthe Municipal Code ofthe Ciq'' of
M"enifee. 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 li$
5lO1 et seq.) as amended from time to time, and the implementing regulations set forth in 24 C.F R.
tiQ 570 er.leq. as amended from time to time, and the requirements set forth and referred to in
i*t iUlt e utta"t1ed to this Agreement. Subrecipient lurther agrees to utilize funds available under
this Agreement to supplement rather than supplant funds otherwise available. In the case ofany
confliJt 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 proviiions 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 rernain, 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 indemnify, protect, defend. and hold harmless Grantee and its
officials, officers, employees, and agents, with counsel reasonably acceptable to Grantee, from and
against any and all loss, liability, damage, claim, cost, expense and/or "increased costs" (including
reasonable attorneys' fees, court and litigation costs, and fees ol expert witnesses) that results or
arises in any way from any of the following: (a) the noncompliance by Subrecipient of any
applicable local, state and/or federal law, including, without limitation, any applicable federal
and/or state labor laws (including, without limitation, ilapplicable, the requirement to pay state or
federal prevailing wages and hire apprentices)i (b) the implementation of Section 1781 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 ofthis Agreement. It is agreed by the
partGs that Subrecipient shall bear all risks ofpayment or nonpayment ofprevailing wages under
hederal law and Califomia law andi or the implementation of Labor Code Section 178'l , as the same
may be amended from time to time, and/or any other similar law. "lncreased costs," as used in
thii 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 Crantee and its officers, offrcials,
employees, representatives, and agents (each, an "lndemnitee") from and against any and all
tiaUitity, "rp.nr" or damage of any kind or nature, and for, from and against any suits, claims or
demands, including legal fees and expenses, on account of or arising out of this Agreement or
otherwise in conneition with the Program or Services, except to the extent of such loss as may be
caused by the sole negligence or wittful misconduct ofan Indemnitee. Upon receiving knowledge
of any suit, claim or demand asserted by a third party that Grantee believes is covered by this
indemnity, Grantee shatl 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'Comoensation
Subrecipient shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement
D. Insurance & Bondine
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 suflcient amounts, durations, or types.
Subrecipient shall name Grantee and its officers, officials, employees, volunteers, agents,
and representatives as an additional insured under its general liability insurance and provide a copy
of its insurance certificate(s) to Grantee.
Failure on the part of Subrecipient to procure or maintain policies providing the required
coverages, conditions, and minimum timits will constitute a material breach of this Agreement,
upon which Grantee may immediately terminate this Agreement.
E, Licensing
Subrecipient agrees to comply with and obtain at its own expense, il necessary, all
applicabte Federal, state, county, or municipal standards for licensing, certifications aad 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 Recosnition
Subrecipient shall ensure recognition of the role of Grantee in providing Services through
this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be
prominentty labeled as to funding source. In addition, Subrecipient will include a reference to the
iupport provided herein in all publications made possible with City Grant funds under this
Agreement.
G. Amendments
Grantee or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agteement, and are executed in writing, signed by a
duly authorized representative of each party, and approved by Grantee's goveming lody Such
amlndments 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 governmental guidetines, policies, and available funding amounts, or for other reasons. If
such amendments risult in a change in the funding, the scope of Services, or schedule of the
activities to be undertaken as part ofthis Agreement, such modifications will be incorporated only
by written amendment signed by both Grantee and Subrecipient.
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H, Susnension or Termination
In accordance with 24 C.F.R. $ 85.43, Grantee may suspend or terminate this Agreement
if Subrecipient materially lails to comply with any terms of this Agreement, which include (but
are not limited to) the following:
L 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;
2. Failure, for any reason, of Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of City Grant funds provided under this Agreement; or
4. Submission by Subrecipient to Grantee reports that are incorrect or incomplete in
any material respect.
In accordance with 24 C.F.R. $ 85.44, this Agreement may also be terminated for
convenience by either Grantee or Subrecipient, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial termination, the portion to be
terminated. However, if in the case of a partial termination, Grantee determines that the remaining
portion of the City Grant funds will not accomplish the purpose for which the grant was made,
Grantee may terminate this Agreement in its entirety.
VIII. ADMINIS TRATIVE REOUIREMENTS
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-l10, A-122, A-89, A-102, A-,l33, and A-50. These principles
shall be applied for all costs incurred whether charged on a direct or indirect basis.
fNote: I,'or the above seclions, if Subrecipienl is d governmental or quasi-got ernmental agency,
the applicable section of 21 C.F.R. Part 85, " Uniform Adminislrative Requirements .for Grants
and tboperative Agreements to Slate and Local ()oyernments," and OMB (.'ircular A-87 would
apply.J
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A. FinancialManagement
1. AccountinsStandards
Subrecipient agrees to comply with 24 C.F.R. $$ 84.21 - 84.28 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate intemal controls, and
maintain necessary source documentation for all costs incuned
2. Cost Principles
1 . Records to be Maintained
Subrecipient shall maintain all records required by the Federal regulations specified in 24
C.F.R. $ 570.506, that are pertinent to the activities to be funded under this Agreement. Such
records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
c. Records required to determine the eligibility ofactivities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 C.F.R. $ 570.502, and 24 C.F.R.
$$ 84.21 - 84.28; and
g. Other records necessary to document compliance with Subpart K of
24 C.F R Part 570.
2. Retention
Subrecipient shall retain all financial 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
HUD in which the Services under this Agreement are reported on for the final time.
Notwithstanding the above, if there is any litigation, claim, audit, negofiation, 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 lor Services
provided. Such data shall include, but not be limited to, client name, address, income level or
other basis 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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B. Documentation and Record Keeping
Subrecipient understands that client information collected under this contract is private and
the use or disclosure of such information, when not directly connected with the administration of
Grantee's or Subrecipient's responsibilities with respect to the Services provided under this
Agreement, is prohibited unless written consent is obtained from such person receiving service
and, in the case ofa minor, that ola responsible parent/guardian of person 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 return of all unused materials,
equipment, unspent cash advances. program income balances, and accounts receivable to Grantee),
and determining the custodianship of records. Notwithstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that Subrecipient has control over CDBG
Funds, including program income.
Subrecipient will have thirty (30) days after the end of the period defined in Section II
(Time of Performance) to submit all final reimbursement request(s), progress reports, and a
comprehensive annual report.
6. Audits & Inspections
Subrecipient records with respect to any matters covered by this Agreement shall be made
available to Grantee, HUD, and the Comptroller General of the United States or any of their
authorized representatives, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by Subrecipient within thirty (30) days
after receipt by Subrecipient of the audit report. Failure of Subrecipient to comply with the above
audit requirements will constitute a violation of this Agreement and may result in the withholding
by Grantee of future payments ofthe City Grant. Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy conceming subrecipient audits
and with the requirements of The Offrce 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..
I Prosram 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 at24 C.F.R. $570.504. Bywayof further limitations, Subrecipient may use such program
income during the term of this Ageement and shall reduce requests for additional City Grant funds
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4. Disclosure
C. Reporting and Pavment Procedures
by the amount ofany such program income balances on hand. All unexpended program rncome
shall be retumed to Grantee at the end of the term ofthis Agreement. Any interest earned on cash
advances from the U.S. Treasury and lrom funds held in a revolving fund account is not program
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.
3Pa ment P
Grantee shall reimburse Subrecipient only for actual incurred costs upon presentation of
properly executed reimbursement forms as provided and approved by Grantee. Only those Eligible
Proj ect Expenses directly related to this Agreement shall be reimbursed. The amount of each
request must be limited to the amount needed for payment olEligible Project Expenses.
In the event that Grantee or HUD determines that any CDBG Funds were expended by
Subrecipient for unauthorized or ineligible purposes or the expenditures constitute disallowed
costs in any other way, Grantee or HIID may order repayment of the same. Subrecipient shall
remit the disatlowed amount to Grantee within thirty (30) days of written notice of the
disallowance.
a. Subrecipient agrees that funds determined by Grantee to be surplus
upon completion of this Agreement will be subject to cancellation
by Grantee.
Subrecipient agrees that upon expiration of this Agreement,
Subrecipient shall transfer to Grantee any CDBC 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.
b
c
d. Grantee reseryes the right to withhold payments pending timely
delivery of program reports or documents as may be required under
this Agreement.
Payments by Grantee will be provided through 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 ofthe nature and propriety of the charges.
All accounting documents pertaining in whole or in part to this Agreement shall be clearly
identified and readily accessible, and upon reasonable notice, Grantee and HLID shall have the
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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 lrom 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 of Grantee or HUD
at any time during normal business hours and as often as necessary'
Inform Grantee concerning any City Grant funds allocated to
Subrecipient, that Subrecipient anticipates will not be expended
during the term of this Agreement, and permit the reassignment of
the same by Grantee to other subrecipients.
Repay Grantee any funds in its possession at the time of the
termination or expiration of this Agreement that may be due to
Grantee or HUD.
a
b
c
d
f.
g Maintain complete records concerning the receipt and use of all
program income. Program income shall be reported on a monthly
basis on forms provided by Grantee.
4. Progress Reports
Subrecipient shall submit regular progress reports to Grantee in the form, content, and
frequency as required by Grantee. Progress reports must be submitted at a minimum on quafterly
basis. Reporting periods are defined in the following table
Quarter Reporting Period
I July-September October 20
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Due Date
Quarter Reporting Period Due Date
2 October-December January 20
,January-March April 20
4 March-June July 20
Along with the quarterly progress repo(s, Subrecipient shall provide Grantee with twenty-
five percent (25%) sampling of self-certifi cation forms and ten percent (10%) sampling of income
verification for clients served that quarter. Subrecipient shall be responsible for retaining one
hundred percent (lO0%) certification and/or income certification forms for a minimum of five (5)
years along with other Program records.
Additionally, an annual comprehensive report including inventory of all Services provided
or performed with CDBG Funds, and financial report shall be submitted at the end ofthe program
year. The annual report shall be submitted no later than August I st.
D Procurement
l. Compl lance
Subrecipient shall comply with current Grantee policy conceming the purchase of
equipment and shall maintain inventory records ofall non-expendable personal property as defined
by such poticy as may be procured with funds provided herein. All Program assets (including,
une*pended program income, property, and equipment) shall revert to Grantee upon termination
or expiration of this Agreement.
2. OMB Standards
Unless specified otherwise within this Agreemen! Subrecipient shall procure all materials,
property, or services in accordance with the requirements of24 C F.R. $$ 84.40 - 84 48.
3. Travel
Subrecipient shall obtain written approval from Grantee for any travel outside the
metropolitan area with City Grant funds provided under this Agreement.
E. Use an d Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 C.F.R. Part 84 and 24 C.F.R. $$ 570.502, 570.503' and
570.504, as appticable, which include but are not limited to the following.
l. Subrecipient shall transfer to Grantee any CDBG Funds on hand and any
accounts receivable attributable to the use of CDBG Funds under this
Agreement at the time of expiration, cancellation, or termination.
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
- 13-276?/031E58-0001
12965490 I a08/15/19
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 lair market value of the equipment less the
percentage ofnon-CDBG Funds used to acquire the equipment.
F. DUNS and SAM.GOV Resistration and Subaward ldentification 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 . .,. site to verify it is eligible to receive federal
funds, and not federatly 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 Subrccipient ineligible to rcceive funds
under this agreement.
Ix. REPRE NTATIONS A ND WARRANT S OF SUBREC IPIENT
B.Correct Information
Subrecipient makes the following representations and warranties as of the date of this
Agreement und ugre"r that such representations and warranties shall survive and continue
thereafter:
A. Authorization and Validation
The execution, delivery and performance by Subrecipient ofthis 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
provlsions of law, any order of any court or other agency of govemment, or any inden[rre,
ug.."..nt or any othei instrument to which Subrecipient is a party or by which Subrecipient , or
aiy of its prop.rty, is bound, or be in conflict with, result in any breach ol or constitute (with due
noiice andTor tapse of time) a default under any such indenture, agreement or other instrument, or
result in the creition 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 ofthis Agteement.
All reports, papers, data and information given to Grantee with respect to Subrecipient and
this Agreement, inctuOing the Program are accurate and correct in all material respects and
complie 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 suoh information'
C. Defaults
Subrecipient is not a party to any agreement or instrument that will interfere with its
performance under this Agreement, and is not in default in the performance, observance or
hrlfillment of any of the obligations, covenants or conditions set forth in any agreement or
instrument to which it is a party.
2762l03t85E.0001
12965490 I a0E/15/19 -14-
D. Pending 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 perlormance of the Services. The Services will in all material respects
conform to and comply with all of the requirements ol said conditions, restrictions, reservations,
and ordinances and perlormance 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 IIEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms ofthis 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 of such right or provision.
x[I.
No member, official, employee, or contractor of Grantee shall be personally liable to
Subrecipient in the event of any default or breach by Grantee or for any amount which may become
due to Subrecipient or on any obligations under this Agreement. No member, official, employee,
or contractor of Subrecipient shall be personally liable to Grantee in the event of any default or
breach by Subrecipient or for any amount which may become due to Grantee or on any obligations
under this Agreement.
XIV. APPLICABL E LAW: VENUtr
The internal laws ofthe State of Califomia shall govern the interpretation and enforcement
of this Agreement. All legal actions must be institr.rted and maintained in the Superior Coun ol
the County of Riverside, State of Califomia, or in any other appropriate court in that County.
2762l03 1 E5E-0001
I 2965:190 I a08/15/19 -15-
XV. EXECUTION IN OUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
XVI. NO CONFLICT OF INTEREST
For the term of this Agreement, no tnentber, 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.TIITRD PARTY NEFICIARJES
With the exception of the specific provisions set forth in this Agreement, there are no
intended third-party beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
xvrrr.ENIIEE_SEuENI
This Agreement constitutes the entire agreement between Grantee and Subrecipient for the
use of funds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between Grantee and
Subrecipient with respect to this Agreement.
[Signatures on following page]
276V03185E4001
12965490 I aoE/15/:9 -16-
lN WITNESS WIIEREOF, the parties have executed this Agreement as of the date first
written above.
IGrantee]ISubrecipient]
By By;
Armando G. Villa, City Manager Aaron P Director ol Programs
Date q-q-q Date:c tf t1
By
Monica Sapien, Execu tive Director
Atte Date: I
A Man City Cl
Countersi gned:
endy ce,Deputy Finance Director
AS TO FORM:
J ching, City ev
2762l03 I 858-0001
12965490laOE/|5/19 -17-
$/",.er4
EXIIIBIT A
SUMMARY OF LEGAL REOUIREMf,NTS
In addition to the requirements set lorth in other provisions ofthe Agreement, Subrecipient
shall comply, and shall cause all Subrecipient's personnel to comply, with the following
regulationi and requirements insofar as they are applicable to the performance ofthe Agreement.l
l. Equal Opportunity and Nondiscrimination.
a. Title VI of the Civil Rights Act of 1964, as amended, including Public
Law 8E-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 ofproperty, Subrecipient shall cause or require
a covenant running with the land to be inserted in the deed and leases prohibiting discrimination
under this Titte, and providing that Grantee and the United States are beneficiaries ofand 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 of housing for families with children and persons with disabilities.
The Fair Housing Act also establishes requirements for the design and construction of new rental
or for-sale mutti-family housing to ensure a minimum level of accessibility for persons with
disabilities.
c, Section 109 of Titte I of the Housing and Community Development Act
of l914,as amended, including 42 U,S.C. 5301 et. seq.,, 42 U.S'C. 610l 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,
orreligion shall be excluded from participation in, be denied the benefits oi or otherwise be subj ect
to discrimination under any activity funded in whole or part with funds under this Title.
d. Section 104(b) of Title I of the Housing and Community Development
Act of 1974, as amended, including 42 U.S.C. 5301 eL seq. This law provides in part that any
grant under Section 106 shall be made only if the grantee ce(ifies to the satisfaction of the
Secretary of HUD that the grantee will, among other things, aflirmatively lurther fair housing.
t This exhibit is a tist and summary of some of the applicable legal requirements and is not a
complete list of all Subrecipient requirements. The description set fo(h next to a statute or
regulation is a summary ofcertain provisions in the statute or regulation and is in no way intended
to be a complete description or summary ofthe statute or regulation. In the event ofany conflict
between this summary and the requirements imposed by applicable laws, regulations, and
requirements, the applicable laws, regulations, and requirements shall apply.
EXHTBIT "B"
PAGE 1 ol 132762/031858-0001
12965490 I a0E/15/19
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 emptoyment because ofrace, color, religion, sex, or national origin.
f, Executive Order I 1063, as amended, including 24 C.F.R Part 107. This
order and its implementing regulations include requirements that all actions necessary be taken to
prevent discrimination because of race, color, religion, sex, or national origin in the use,
occupancy, sale, leasing, rental, or other disposition of property assisted with Federal loans,
advances, grants, or contributions.
C. Section 504 of the Rehabilitation Act of 1973, as amended. This Act
specifies in part that no otherwise qualified individual shall solely by reason ofhis or her disability
or handicap be excluded from participation (including employment), denied program benefits, or
subjected to discrimination under any program or activity receiving Federal assistance.
Subrecipient must ensure that its programs are accessible to and usable by persons with disabilities.
h, The Americans with Disabilities Act (ADA) of 1990, as amended. This
Act prohibits discrimination on the basis of disability in employment by state and local
govemments and in places of public accommodation and commercial facilities. The ADA also
requires that facilities that are newly constructed or altered, by, on behalfof, or for use ofa public
entity, be designed and constructed in a manner that makes the facility readily accessible to and
usable by persons with disabilities. The Act defines the range of conditions that qualify as
disabilities and the reasonable accommodations that must be made to assure equality of
opportunity, full participation, independent living, and economic self-sufficiency for persons with
disabilities.
i. The Age Discrimination Act of 1975, as amended. This law provides in
part that no person shall be excluded lrom participation in, be denied program benefits, or
subj ected to discrimination on the basis of age under any program or activity receiving federal
assistance.
j. EEO/AA Statcment, 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. ll{inorityAVomen Business Enterprise. Subrecipient will use its best
efforts to afford small businesses and minority and women-owned business enterprises the
maximum practicable opportunity to participate in the perlormance of the Agreement. As used in
the Agreement, the term "small business" means a business that meets the criteria set forth in
Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women-
owned business enterprise" means a business at least fifty-one percent (51%) owned and controlled
by minority group members or women. For the purpose of this definition, "minority group
members" are Afro-Americans, Spani sh-speaking, Spanish-sumamed or Spanish-heritagc
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 13276?03t858-000t
12965.190 I arlS/]5/19
)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, 42 U. S.C. 7401 , et seq.;
Federal Water Pollution Control Act, as amended, 33 U.S.C. '1251, et ser7., as amended, 1318
relating to inspection, monitoring, entry, reports, and information, as well as other requirements
specified in said Section I l4 and Section 308, and all regulations and guidelines issued thereunder;
and the U.S. Environmental Protection regulations pursuant to 40 C.F.R. Part 50, as amended.
b. Flood Disaster Protection Act of 1973. Subrecipient shall assure that lor
activities located in an area identified by FEMA as having special flood hazards, flood insurance
under the Nadonal Flood Insurance Program is obtained and maintained.
c. Lead-Based Paint. Subrecipient shall comply with the Lead-Based Paint
Regulations referenced in 24 C F.R. $ 570.608, including 24 C.F.R. Part 35, et. al.
d. Eistoric 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
soncunence lrom the State Historic Preservation Officer lor all rehabilitation and demolition of
historic properties that are fifty years old or older or that are included on a federal, state, or local
historic property list.
e. Limitation on Activities Pending Clearance. In accordance with 24
C.F.R. $ 58.22 entitled "Limitations on activities pending clearance, "neither a recipient nor any
participant in the development process, including public or private nonprofit or for-profit entities,
or any of their contractors, may commit HUD assistance under a program listed in 24 C.F.R.
$ 58.1(b) on an activity or proj ect until HUD or the state has approved the recipient's Request for
Release ofFunds (RROF) and the related certifications have been approved. Neither a recipient
nor any participant in the development process may commit non-Hl,rD funds or undertake an
activity or project that would have an adverse environmental impact or limit the choice of
reasonable alternatives. Upon completion of environmental review or receipt of environmental
clearance, Grantee shall notify Subrecipient. HLID nds shall not be utilized before this
requirement is satisfied. The environmental review or violation of the provisions may result in
approval, modification of cancellation ofthe City Grant. Ifa proj ect 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.
EXHIBTT ''A"
PAGE 3 of 132762l03tE58-Cr00l
12965490 I aoE/lS/19
The uniform administrative
4. Other Program Requirements. Subrecipient shall carry out each activity under
the Agreement in accordance with all applicable federal laws and regulations described in Subpart
K of 24 C.F.R. I570 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
6. Relocation. Grantee shall not be responsible lor relocating any occupants from
any property. If required, Subrecipient shall have the sole and exclusive responsibility for
providing relocation assistance and paying all relocation costs required to comply with all
applicable federal and state laws, rules, and regulations, including the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. $ 4601 er.seq., as
amended, and implementing regulations, and HUD Handbook 1378. Subrecipient shall indemnify,
defend, and hold Grantee harmless from and against any claims, liabilities, damages, or losses
made against it by tenants or occupants of any property, including without limitation claims for
relocation assistance, inverse condemnation, and claims otherwise arising from any act or omission
of Subrecipient pursuant to the provision ofrelocation assistance.
7. Allowable Costs and Audits. Subrecipient shall comply with and administer the
Program in accordance with the requirements of The Office of Management and Budget
(OMB)"Super Circular" 2 CFR Part 200, which includes the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for federal awards, as applicable.
E. 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
perlorm 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. S 570.506.
EXHIBIT "A''
PAGE 4 of l3276?/031858-00arl
129654901a0E/15/19
5. Reversion of Assets. Upon the expiration of the Funding Period or sooner
termination ofthe Agreement, Subrecipient shall transfer to Grantee (a) any and all CDBG Funds,
(b) any accounts receivable attributable to the use of CDBG Funds. In all cases in which
equipment acquired, in whole or in part, with funds under the Agreement is sold, the proceeds shall
be program income (prorated to reflect the extent to that funds received under the Agreement were
used to acquire the equipment). Equipment not needed by Subrecipient for activities under the
Agreement shall at the election of Grantee either be (a) transferred to Grantee for the CDBG
program, or (b) retained by Subrecipient after compensating Grantee an amount equal to the
current fair market value ofthe equipment less the percentage ofnon-CDBG lunds used to acquire
the equipment.
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 ofCDBG Funds by religious organizations, including the First Amendment ofthe United
States Constitution regarding churchistate principles and the applicable constitutional prohibitions
set forth in 24 C.F.R $ 570 200(j).
10. Conflict of Interest. Subrecipientwill complywith24CF.R. $$ 84.42,85.36and
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 CDBc-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)yearthereafter. 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 $ 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 Certification. By its execution of the Agreement, Subrecipient
hereby certifies that.
i. No Federal appropriated funds have been paid or will be paid, by or on
behalfofit, to any person for influencing or attempting to influence an officer or employee
ofany agency, a Member ofCongress, an officer or employee ofCongress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agleement, 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 offrcer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it v/ill 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, subgtants, and contracts
EX{IBIT "A''
PAGE 5 of 13
2762l031 E 58-0001
12965490 I s06/15/19
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation offact upon which reliance was placed when
this transaction was made or entered into. This certification is a prerequi site for making or entering
into this transaction imposed by section 1352, title 31, U.S.C. Ary person who fails to file the
required certification shall be subject to a civil penalty ofnot less than $'10,000 and not more than
$100,000 for each such failure. At the request of Grantee, Subrecipient shall execute a separate
document that contains the certifications set forth above.
13. Drug-Free Workplace Requirements. Subrecipient shall comply with and be
subject to the requirements of the federal drug-free workplace requirements, which include the
following actions be taken:
i. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
grantee's workplace and specifying the actions that will be taken against employees for
violation of such prohibition.
v. Notifying the agency in writing, within ten (10) calendar days after
receiving notice under sub-paragraph (iv)(b) from an employee or otherwise receiving
actual notice of such conviction. Employers of convicted employees must provide notice,
including position titte, 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 foltowing actions, within thirty (30) calendar days of
receiving notics under subparagraph (ivXb), 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 ofthe Rehabilitation Act of 1973,
as amended; or (b) requiring such employee to participate satisfactorily in a drug abuse
E)G{IBIT "A"
PAGE 6 of l32 762103 t 8 5E -0001
t2965:190.1 acr8/l 5/19
ii. Establishing an ongoing drug-free awareness program to inform employees
about: (a) the dangers of drug abuse in the work place; (b) the grantee's policy of
maintaining a drug-free workplace; (c) any available drug counseling,
rehabilitation, and employee assistance programs; and (d) the penalties that may be
imposed upon employees for drug abuse violations occurring in the workplace.
iii. Making it a requirement that each employee to be engaged in the
perlormance ofthe grant be given a copy ofthe statement required by paragraph (i).
iv. Notifying the employee in the statement required by paragraph (i) that, as a
condition of employment under the 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.
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), (ii), (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 concerning the purchase of equipment.
15. Lahor Provisions.
a. Section 3 of the Housing and Community Development Act of 1968.
Subrecipient shatl 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 HIID 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 subj ect to the requirements
of Section 3 ofthe Housing and Urban Development Act of 1968, as amended, 12 U S.C.
$ 1701u ("Section 3"). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted proj ects covered
by Section 3, sha1l, 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 contrachral 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 if any, 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 lorth minimum number and job titles subj ect to hire, availability of
ipprenticeship 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 13 5, and agrees to take appropriate
action, as provided in an applicable provision ofthe subcontract or in this Secti on 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 l3276r'0318584001
I29651190 I a08/15/19
notice or knowledge that the subcontractor has been found in violation of the regulations
in 24 C.F.R. Part 135.
v. The contractor will certify that any vacant employment positions, including
training positions, that are filled (l ) after the contractor is selected but belore the contract
is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R.
Part 13 5 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 Hl,ID'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 fbrth 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 of federal law imposing labor standards on federally assisted
contracts. Subrecipient shall comply with the requirements ofthe Secretary ofLabor in accordance
with the Davis-Bacon Act as amended (40 U.S.C. 3l4l through 3 t48), 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 l, 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 perlormance 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 insened in full, in all such contracts subj ect 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 HI-ID Form 4010 attached hereto. HLID Form 4010
must be included in the bid packet and construction contract and subcontracts for the Program.
EXHIBIT "A''
PAGE 8 of l32762103r 858-0001
I 296J.r90 I .06/1 5/1 9
Fedcral Labor Standards Provisions
App|lc.bllity
Ths orolect oI Prooran to lrliicn the ton3:iuclron *orl
coyerod 0y:hi! conlricl osriiins rs boino i9si3l0d by the
LJnrled slates ol Ameri.a rnd :h€ foliowlng Federal Lacor
Slandaros Provis,ons are rncluoed in lhrs Contrecl
gU6uanl tO lhe OrOViSrOrls ipplcaEle :o s,./ah Federr'
asgisianre
A, l. (ll llnlmum Wagcr. All hborgrE and flgchanl.s
employ€d or woa*lno upon th6 srte ol:n6 *orl. $,ll lre pald
.jnacndi:ronally anc not le!3 clten thin once 3 *eei. 3ni,
'a/i:houi subsoquent deductlon o. r6ba:B on any.ccoufll
retceDt !uch gayroll deduction! as are permrtled by
iegulttron! !33ued by the Sgcretary o/ Labor unos!' :ne
copoland Aci {?g cFR Fafl 3) the rul anourl ol ia0o3
and bona lide trrngo bgn€ll:r tor casn saurvllenlS lnergofl
oue at lrme ot paynenl conputod at rates nol loss thao
thoS€ conlarngo an lhe *age delell1,nanon ol lne
Socretary cl Lalror wnicn rs atlacned tlerslo anc made a
oarl hereof r€oe.dles3 ol any con:.aclual 'elatroisfup
whrch fiay be olleget :o e,,s: bet*een lhe con:rsclor 3nd
3uch iaborers and mecha c3 Conkrbutloas ri:de or
coslg reasonlbly enliclDa:ed lor bona trde krnge Esnefi:!
unog. sea:,or 11b:12) ol lhe oav,s-8acon aci on behall ol
taborers or nochanrcs are aonlidgred rites psid to 3.rch
laborers or mechen,cs srblec: lo:ne provigions ol2! CFR
55(r)llt(rvi: nlso, regular contrbutions fiade or co5:3
,nc!Ir6d foi mole thao a weei, period root nol ess ofien
lhen Quil erry) undgr olaos, lunds. or 0rograms whrch
cover lhe oar:,cuiaa *€el17 genod aae deened to le
con!:ruct{vely osde 0.,^curred dunn9 such weetry petiod
Such aborers and arechanrcs shall ce paid lhe aDpropr alo
'#agg rate and lrlnge benai:3 on lhe ! age oet6.Inlnatlon
lor lno classificrtrcn ot ./r'orl 3ctuall, perlorored w:noul
reoard:o slltl. e,cepr as proridad l. 29 CFR 5.5(a){4)
LoDorers or oechanlca perform nq \lor{ ln moa€ :nan one
ctas3rfrcalron may b€ compensalsd al:ne rale speallied lor
each ctassrflcal,on lor the i:me oalua,ly $'or*ed it6rei.
Pfov ded, Thal lhe Smproyer's payroll records accu.alely
set torlh the trme gpen: In each tlassrliaal or in rhr.h
,tiorl\ s gerlo.nier: Tng *a9e de:3rnii.a:ion ilnciudrn0 any
addltlonal classificatlon and ragg ritt! contotn€d iraoer
29 CFR 5 5(a)l1n ) .n., Ihe O.v,s-Baco. po.ler IlrH'
l32l! shal' he posted a:.ll tliles cy:ne contra.icr ano l:s
gubcon:raclors a: ine srte of the *o,i rn a p.orirenl a71d
accesgihle. olace where il cen be eastly Seen by ln€
(iil {.) Any class ol laborors or mechanica \r'hicn r! nol
[slOd i. the *3te dalermrnalion and ih'ch r! to Ee
employoo und6r lhe conlraal shril b€ oassried rn
conlorotance $ln lhe waqe dete.m,natron. HLO shall
apgrove an a6drtronal classlricalron and wago.ate and
tringe banellts lherelcr onlT ahen:hg lollo'}.ng cIi:8na
nave beea mel
It, Tne *o.t to be ,erlofined lry th6 cra3sriaa:ron
requesteo 13 not perlormed by a clrsSltlcatlon rn lhe *age
detctmrnatron: ano
(2) Tne classalic.tlcn is util:ed rn tho area by lhe
constr!ciion LnouSlry anc
(31 Tne prooosod *aoe aatg lnclud,no an, bona fide
fllnge Denaf,ts coa13 a roasonabla rolalron9nlp lo the
wage ralos coniern€d 1n lhe waoe cetarmination
lbl tl lng rontractor and lho laborars and mechanlcg to be
ofiployed tr :ne crassrl'ta:ron 1lf (no$n). ot lh6rr
reoae3entstrvo3 and HUD or ns do9rgnee agrea on lhe
clasgili!etron and *age rale (iirludrng :he amount
degiqnSlec 'or fringe benefrts mere approorlala:, a reForl
ol the action taten thell !a gonl by HUD or ns dasiqneo io
:ns Admrn strator ol lhe Wage 3nd Hour Olv,sion,
Employm6nl Slandard3 Aominislralron, U S. Doparimefl: ot
lelror ,/lash ngron 0 C. 2021C. Tne AdFinittretor. or ar
aulhofl:sd representalive, *rl! approv6, alod!ty or
dilapprove evsr, Add,lronal classLtcalron aclron wiinin 3C
rrays o( recslp: and so adrise dLD or iis deslonee or *ill
notrly li.uo o, rts des onee *ith,n tn6 30-day period :hat
add,t,onar trme rs necessary. rApproved by lhe Ottrce o,
Vanagen€nt and 8{drel unde. OMB co.lror nlnher !2'15-
cli0 r
(cl lr the 6ye :Fe cotr:raclof. tho laborors or mechanrcs
:o he omcloyed ,n lhe alastlliaalion or Ingrr
reoresenrstrres lnc HtrD or it3 desi9nee do nol arree oi
:n€ lroDosed clalslncation and waqa rala {rncludinq the
enolnl designztso lor tringe b6nelils. *hsre apDro9riale;,
HLrD o, ils ales,gnee sh3ll relar lhe queslions, includrng
:ie riews ol: I nlorosled garireg and lho lecommendzlton
ot HL0 or rts oosrgnea. lo the Adminr3tra:or for
deterninttrcn The Administra:or. ot ei au:tro.,:gd
reoresenlalve *rl rssue e determrniltron u,r:nin 30 dayr ol
receapt and 9o aovist hlio 0r,is desicnee oi wlll nolrly
Hlio or li3 desrgnoe wllhrn the 30-day period :ha1
aodrtronai trme r! netessaty. !Approved by lhe Olftce of
Managemenl ano Bualge: under OMB Conttol Numher
t2r5-014c )
ld| -he *age ralg ilnclt d,ng lrlnge benef,is wn6re
tpgropnal6] delerm,ned 0u.suanl lo slrDparl9raphs
(!trir0) or 1c) ol thr! pafagraoh, thall be gard lo all
*orlerg oedcrming torr in lhe crassaficalron unoor thig
conlracl lrom lhe irrll da, on shich *orh rs 0orlo(ne6 in
:ho ara!rrt ct:lon
liiil Jvhenerer lhe mrnr,num *ao€ .ale Dresc hed rn lhe
coaraal lor r (rass of ralrorers or rhech3nics anclldes a
krnce benetil mich 13 nol erpressed as an hourly ra:e lhe
contractor shal, e'tho. Day the benetil a3 stalod ln the
wtge delern nalron or shall pay another Sona lioe kinge
beneftt or an noualy aa3h equivalent tnareot
liv) It lho con:ractor doe! nol nale pay,nen:s to a :rusl6e
or oiter thlrd peason. :ne conlrac:or may con3rdet a3 pall
HUo.1010,:d :r:E-?l l.i ralrt:tr l j{:F39€ 1 C !.
EXHIBIT "A"
PAGE 9 of l32762,0318iE-000t
12965490.1 a08/15/19
u.S. Orpritmant ol Hou3rng
anal urbrn Davalopmcnt
Otflce of LJbor Relations
of the wtoes ot rny taborer or mechan,. lhe amou.t o, any
cogls reosonably in:larpatoo ln provrdrnC trona r,ca fringe
oen6lr:3 under a Dlan or Drooran. srorid€d lhat lho
secr€lary ol Labor hr! huild. lpon lhe wnlt6n requesl or
th€ cofltaclor. ihal lh6 apoliaable rianoards ol lhe oavls-
Beron Acl have b6en nsl. The S€crelnry ot Libor may
requfe lhe conir:cto. to set as,de in a s€paralg aacounl
asgqis tor lh8 mee: n9 of oSl,calront onder the olan or
orogrsm iApgroveo h, :he otfrce ot uenaoenant and
Budget unCer OMB Coflro tlunDer 1215-Ct.l0 I
2. Wllhholdlno, FUO or lt3 designee thajl uoon ,:s own
actron or upon *nllen rgque3l ot an authorl:ed
fepresentatvo ot ine Dooor:menl ol Lalror fllnhold or
cause to be *llhneld from lhe conractor !nd6r tnis
conlact or any olnor Fed8ral contrac wrth lhe game rr,m6
coniraclor, or any o:h€r Federally-J3!rslad conttlc:
sublec: to Darr9-Bacon o.evailing *age requtremenls
whrch i3 held lry lh6 same pirne contrecior so much ol:he
accrueo gayn6nt3 or advances as may be consic9'ed
.oce!sary io pay lacc.ers anc mechanicr. nalucl.9
ap9lsnlaaeg tralne85 and helDe19. emplored 5y ln€
conltaclo ot any suDconlloctor :he full imounl ot *t9e3
required hy:ne conlract ln lne esent ol tailuae to oay any
laDorer of frechanrc. rncludlng any apcrerlrca. llarne€ or
herper employed or *orkrng on :he s,le cl the aort all or
9a( ol lhe waoes requlred by the conl.acl HLD or l:s
oesrg6ge mlr. aller wrllon noltce to tna (ontraa:or
soonsor aDolican:, or own€r, :alo Such lclion ag alay ce
rece3lary to cass6 lno sugoon3ion ol any fulther
oay,nonl sdvance. or guaranloe or lunJs u"l,l such
vrolationn have cets€d FUO or lis oesrgnea m.y ator
wrl:l6n nolice to !h€ conireator dlsburg€ suai amounis
,viihhsld lor and On accoun: Ct lhe contrlc:or 0r
rubconraalor lo:l\6 resooclY€ emoloyegg lo {rhoar:rey
ere oua 'l'he complrollsr General snall nale slch
oi!curs€men:s in tho case ol dreat Oavrs_8acon Ac:
coniracll
3. (ll Payrollr lnd b63lc racordt. Pryroll! anc baslc
rerords .erating :hereto !hall De marn:ained by lh0
aon:ra(lor during the course oi lhe *o.l crese.red fo: a
08noo ot lhree years lherealter lor all laDorers 3nd
mechaoics worirng ai :ho sile ol lhe *oft Such reaords
shall conlirn lho name 3dolos3 and sotirl !6curl:y
nu ber of e3ch Suclr worle., his or her correcl
classrftca:ron hourly ra:es ol *a9es pald iincluding retes
of conrrbutlons or cosls anticrpaleo ,or lona rde klnge
oenetr:5 0r crsh equrvalentg therool o, the ilo6s cescnbed
,n sec:lon lrD)(21(Bt ol lho orvis-baaon Act) dtlly znd
*eelly nuncer ol hours ro,led dedlclrcns maoe and
aclu!l dsges pard fihe.ever the sect6tary cl !alcr ha!
louod uflder 29 CFR 5: (alil:tir) lial lh6 *.969 ol any
tabor€r or mechanrc ncluoe lhe amount o! any cost!
reaso.aoly anlir,paled n prov'd,ng lenel,l! under a plin
or prooran celc bec in sectlon llb)(l)lB) ol the cavi3_
Bacon Acl. :ri6 con:ractor 3hall narn:ait records whrch
5now that lhe comml:ften: lo provlde such ben€ils i!
enlorc6al,'ie, thet the plan or grogtem i! frnancrally
regoongibls and :hat lne Dlan cr ptogram has Ssen
communrcated rn rtriting lo lhe laborgr9 0r rllochinlas
aflertod. and .eaorals ilhrah sho* ina cosl! anlicrpated or
:ne ec:!ar aosl incurod rn prcvldlng !ucn )8nefll9.
Contractors en:plcying aopren:rce3 ol :ralnee! undtr
Jpprovo{, orog.a s shall rnarnla,n rai:lon evio6nco ol lhe
r€gisiratron ot aDpren:Lcosnio Irograms and conit,calion of
:ralnee programs. :ne reg,slratlon cl lnQ sporonlrces an,,
:ralnees. and tn6 ralio! an6 wao6 rates Dre9crll)od in ihe
acp irilrLe orog.ams (Aoprored by lto Oftice of
Uanagernenl and Bloget under OMB Conlrol Nuinbers
l2 t 5-01aC end 12!5-CCl7.)
lii) l.) Ths conlraalor shall suSnril weexlyror eech w€al
rn wnicn any conlracl *orl i5 Derlorfied I cooy ol nl
payrclls:o HLo or lts designee ll lne agency 19 a pany lo
:ie cofliract but rt :h6 agoncy ,s nol luch a paily lhe
conraclor w ll slrlrltlrr lhe pryrolls to the appricanl
Sponsor or o*ner, as ine case may De. lor trangnrlasl0n io
HUD or ,:s oesrgnee The payrolls submilted shel set oul
accurarely and aorrpletely all ot the rnlormation r8(1./rr0o
:o 5e ra.ntarned uncer 29 cFR 5 5(!)13)r,l e'cePl lhal tul!
socrar gecurily numbers and home aodreSseg Shall nol be
rnclu6ed on ieelly ransml:lals. ifl3tead the 9ayrolls snall
o6ly need lo include an iadlvrdually rdentirylng number lor
e.tah €i1oloy66 re.g lis las: lour dloi:s ol lhe ofiployea s
soc'ar securlly numEer) Ths required wee{ry payrol
rnfornat,o,l ray be gulmitteo ir an/ loam oeslr€d
Oplional Fornl JlF-3.a7 rs avJaiaole fcr:r,3 Puroose l.cnl
:no r\ age and i our Orv,sion woD slts al
.l-i:--!-.:r.--l'-!-1,--!c- rls
3ucce!lor lllo rie Dr,nri con:raclor ls reSDo^9iil+ toa
:ro subrrls3ron ol copres ol parrols by all subconlrac:ors
Coniracto.s and !ubconllaclo13 shall fiarn:aln Ihg lull
socra gec!ti:y numbgr and alrlent aodlels of oach
covered wciler. and tharl Drolrde them upon reauasl to
Hl-iD or lls desionee ,l lha lgency i3 a oat:y to ihe
corraal, bul il th6 a06na, r9 rlot suah a oarly. lhe
contractor s,,ll 3ul)!ln lhe payrollg to the aopilcanl
sponsol, or of,ner, a9:ne aase may be lor:ransml3slon:o
HLD or i! delignee lhe aonlrtctor, or the
"vage
ana, F0!,
Orvrs06 ol :ne Oeparlmenl ol laDor tor ourooseg ol an
tnveg:,galron or audri ol complanco wiih pr9vaillng *aqe
r6qu,romenl! : is not e Yiolanon ol thi3 subgaraoraph tor
a otlme conlrrctor lo require a suDaonllacior to orovrde
&dressgs end Socral Sacurtty nunberg lo the plif.ra
conltaalor lor rl! own record3 w(hout *eelly submlssron
:o HLO or it! JesLgnee l^pproved Oy lne oltlce of
l{anagerenl anc Budgol u:1dar OiIB Conlaol ilumliel
12r5-01.t9,
lb) Eich Dayaoll submrl:ed shall be accoflpanled ly a
-gtnteme-t ot ccnpla-ce.'srgned ly lhe con:raclor or
3UCCCnlraC:Ot Or nls or her agtnl who oays or sutervl3es
Ino oayment ol lhe persons amDloyed unoei lhe cortrect
,nd shart cel:ily the loltofin9:
Itl Tnat tho payrorl loI the payrolr ogrloo aonla,n! lhe
rrlomat,on raquired lo be orotaded unoer 29 CFR 5 5
ie)t3l{ r). :h€ aDprogrla:e in{orNairon ra beill0 malnleined
u.der 29 CFR 5 Srai{31:r), and lhal such inlornalron rs
corect and cofiprate
FrG : i,l rr
E)GIIBIT "A"
PAGE l0 of l3276703r85E-0001
129654901s08/15/19
(2) Tha: eecn rborer or 14ochanrc lLnatLJoin9 eoah n6rpor
rpDrentica anc lrainee) omployed on lhe (ontrna: alur,ng
the payroll parlod he3 Do6n Dt,o lne lull woelly rage3
errned, sllhout rohJte eliher 6irectly or in('lr€c:iy ard
that no deduclrong have baqn maoe eather direclry or
lndiroclly irom lhe lull wagaa earneo. other lhan
oermrrr,ule deduclrcns as set lonn i" !9 cFR Parl ]
(3) That Sacn laborer or mechonic has be6n pa'd no: resB
than the aDpllaaDl6 waoe rrteg end k'nge bea6ll:9 or ci3h
eq!,velents lo. :as alassltlaalrcr ol *oal De'lc'm6c as
soecrfred ,n lhe appl,cacle *age dete.mlna:lon
naoDoratld lnlo lno con:ract
lcl The wgetly su5til3sion ol a trocel/ ereculea
certlfirrtron set lorth on tno rover3e rldo ol Ootronal Forit
rtF,3a7 !harl sati!ly lh6 rgqurgme.l lor aubmr33ion cl lhe
'S:atemenl ot ComDIranae" requlrod by suoperagraoh
A.3 r,ll{D)
(dl The lelsrfrcai,on ol zny oI the alrote cetlificatrons may
subt6Cl:n8 ConlraClor Or subconlractor to clvrl or cl{mrnal
oroseculron under section rc01 ot Tille l8 ano section
23'l ot T'tle l1 ot Ino Unrted Sla:es Code.
(llil The con:.actor or subcont.tctor sharr nale lhs
records requlred undor sL,bparagraph A 3.1') aYailat,l6 for
In3ooc:ron copyrnq. or l.anscdolron by aulhonzeal
regre5enla:ry6!r ol HJ0 0r lts ctssrgnee or the o39eflmenl
ol Labor'. and Shal oarmrl iuch 'eDros€n:ai.rss lo
rnlarrlos omploye€s our,ng *orllno hours on lhe iol. ll
the conira(tor cr Suctontrac:or larl! lo sulrmrt lhe.equired
ierords or to m:Ie lnonl avarlabiG. FUo 0r t3 detlgnee
may, atter wful:en ncirc0 t0 :he contraator SoonSor
appl,Canl Or O$rle,, la{e SUCh aclon a3 nray De neCesaary
lo cause the !uso6n!'on ol any lurlher paymeni, advancg
or guarant€e of lunds Fu(nolmore. larlrr6 lo Sucmll inc
reqlired reaoros upor reques: or to mal.o 3uch lecords
avarlabte ay be oroun0s lor debalmenl scllon Durs!a^l io
29 CFR 512.
a. ADDrontlca! and Tr.lnaea,
(ll Apptrnticgg. A!orenlrcs! wrll bo !ernilteo lo wolk lt
i6ss lhan :h€ t,todg:eanrired 13:g lor lhe *olh lne,
oerlormed *hen:hoy 3re enoloyed pursuanl to ind
lndlvrduarly .eorstered rn a bona licle apprsntlceshrp
orogram reglltered wllh the u 3 3eperlment ol Labor
Employmen: and Tralntn0 admlni3tratron. Oll ce ot
Aporonlrcgsirp Traininq, _smployer and Labor Senrce3 or
wllh a s:ale ADorentia$h,9 Aogncy tecogna:e{ by lne
Cffiac. or,l a person rs employed rn nir or re. I'rsl 9C
days ol oroba:,onafy enDloyrYrant aa afl arDtentace i,' !uah
an apDrenl,ceship 9ro9ram. l,h9 rs nol lnd,vlllually
..egrstered in lhe ofcqran, bll rtc -as ieen cenrtred ir'
the Otf c€ of qporentlceshrp Tr3inin9. Emoloyor al1d Lator
Serv,ces or a Slat6 Aopreni'ce3nlo Agency ir,hero
aporocrialei to Eg elg hre fo'orolal onary en9loymsnl as
an apprent,cr. The arlowable rctlo ol ap016nlrtss lo
lourneynen on the Job sl:e In any crali trass,l,cil:ion 9nall
nol b6 qraater:han lhe ralro permllted io lhe conl.aclor as
lo lhe e^t[e wor{ lorce under tne .egrslered Dlogram Any
worlor li3to6 on a ptyroli at an ipor€ntice *39e rale, *llo
rE not ragis:ered or olher*iss enoloyed a5 3til60 aoova.
shrll b€ pald not re33 than lna app,lcablo $eoe rtle on tho
{age determrnalron lor the ala!!lllcllron 0f r'orl ectualry
perlormed ln adCrton, any apprentrae oerlcrmlng woal ot,
:no iot 3rte ,n e!a9ss c! lhe ratlo pornltrod unJer lhe
regi3l6rec Droorsm shalr 5e gaid nol logs lhan lho
aoplcebe $,a0€ ralg on lha *ag€ c€leroiinllion tor the
worl ar:uarly gertormed ilhore a contrac:or 13 pertor ,no
co.struc:lon on a g.oiect i^ a locallly other than :nat ar
wnlcr ll5 prog.afi i3 reg,3lered lhe rrliog and rage ra:e5
ie!Daessed rn oerc6nlaoet ol lho iourneymar'3 nouny
ratet S0ecrlteo rn the aonlaaclor's or Sirbcon:rtclor 3
regislored groorem thalr ba obserred Every eporsnlice
mlsi be laid ar nol Lels lhan the rale 39€c'feo rn lhe
registereo progran lor the icpranlrco 3 level of progres!.
elpressod as i polcentoge ol the lo./rnoyn6n hooriy lalg
specallej rn :he apEl caDle rage lelarminllicn.
Aporentlaes snall bs paio tringe benerlls ln accordance
'filt lhe prov,sionB of lne aDprefi:1ceshio grorram ll the
aolren:acesnia Oroqrafi coo3 nol sDeclly fnnge lrenetlls.
aoDreniices mu3t co paic the lull amouot or frrnqe benalil5
tis.'od o. the wage detormrnation lor lhe applrcable
classiticalron. lr :ho Adnln19:rtlor 06:ermines lhai a
o.lere^t praalce ttsvals 'or :he aoprcaE,e aplrentice
classificaton. k,n9€3 shall oo pald 'n acaordrnce w'lh:hat
deteam natron ln lhe ave.( tne ctllae of Appront,ceghip
_Jri n."9 Eiyl!loyer a^d Lo!o' Servrces ci , Sla:e
ADOrenlicelhrp Aoency recognlied cy the otfice.
lfltndrr*s 2pp,oval ol ao appaenliaeshrp rrcgrarn. the
conrractor w,ll no onger be periniltec lo ulrli:e
aopraniices al las3 lhan lta aD!'rcabi! pfedotarmioec raie
.oa :te *o.i Derlormed Jnlll an acceolsble pao9ram g
3Cprov60
(ill Tr6in!a.. :tcapl as grovided rn :9 CFR 516,
lrsinees $ll not ba og.mrlleC to worh 0: ess liSn the
precel€rmrneJ rele loa lhe worl oedormoo unles3 iney are
eflrloyed persuanl .to and indrtiouil y .egrsleted ir .t
proorafi whrch has rocelvod Daror agprovsl evrdonced iy
rotmat aertrlaator by tne u.s cepanment o, Labot.
:lrploynenl and Trainlng Adr'r,n,stration. The ralro ol
:rarnees lo lourneymen on the Job sile shall not lre greater
:tan Dsrmitied undsr lhe plan aDproved by lhe
=nrDloymont
and Training AdmLn,slrellon Every t.alioe
mua: be aaid:l not ress than the rate spec,rLao rn the
:opro!ed grcorsrn to!' the traanee s level ol 9rooress.
ercregseo as 3 peacentago ol the lourn€yfian nourLy rale
specltlel rn lne 3p, rcaEle }age 4etermin2tlon Tral:'ees
shalr Co pald lrrngo benefits ,n !caordance wllh the
p.oyisrons 0f tne trarn€a progran. ll the ?alnqe program
does not rention kinge bener'ls lrs,nees sh l be paio
:ne ,uil amounl ol lr,n9e benelits list6d 0n :he *ige
detern nalron unlE3g :ne Adft,ois:rator of the /lac€ and
Hour Orvi3ron dqtormlnss lhat lh0re i3 en ap9renl,ceshlD
Etogran aSsoaialed lxr:n lhe corr6300ndrno iournoyman
l,:oe rlre on lho *oga de:efrnlnatlon *hlcn orovides lor
ross lhin lu,l lr,nge ben6t'is for eDpren:lce9. Any
etgloyee r3lec o_ !h6 Eaylorl 3: I lra nee rale *io 13 ncl
registaroo and ra(lcrpallng ln a:ralnrng plan aoofoved by
Flo€ 3.{ t
E)GIIBIT "A"
PAGE I I of 13
I 'l-
:,E:1,!r
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the Enlployrxenl and Tr.irning Admiristra:,o. shall be pard
rot e33 :h3n the atplrcable s'ige rate cn the *aoa
dgterml.allon lor the wort actually oerlormed. ln aod,lron
any lraroee oerlormrng worl o. :he iob Biie n oice3s of
the rlt o Dsrmltted under lhs r60istored proq.an shall bs
faid nol lsss ihsn ine apolicatrl€ i/age rate on lhe wage
d6lermiralion lor :ne !rorl a(tu3lly perlor ec ln the
evont lhe Efiploymenl and ira,nrno Admrnrstlalion
',ri:hdraws aplroral cl a lrarnrnc arolra'Yr. lhe contra(tor
slrl no lonoer I,e perrri:le4 lo ulili:e tra.nee3 at r6s5 lhan
the ap9licable !redelern.fled rate ior :1e worl perlormed
untll an ncc€plable oro9ranr i3 aEproved
(llil Equol amploymgnl opporlunlty. Th€ utrl::ation of
aDDr€ntice3 trarnees and iourneymen undor 29 CFR Par:5
gnall be ln aonlornity alth the 6qual omDloyme6l
opool:unrty requrrgme s ol :iecul,ve ordo|t 1246 a3
a endeo ano 29 CFR Pari l0
5. Compliance *ith Copeland Act requirament3. lh€
con:raclor shall com9l, with lhe requitemenls ol 29 cFR
Part 3 f,mtcn are rnco,oorated by teterence ir:ni! conlrac:
6. Subcontracl!, Th6 conlraclor or suhconlraator *rll
nsen :6 lny subco.raals :h€ clau3es conllin€d rfl
3ubparigraDh3 1 :hrougn 11 ,n ihis paraorion A anC auch
other clau3es as huD or lr aelrqne6 n3y b/ aD9ropnale
Lnrtrualrors rgQuiro eno a aoDy o, :he applicablo
oretetllng wago do(isto^ a6d also i cleuse .eq!,|'ng tng
3ubconua(lor3:o rhcluce thesa cla!r3e3 rn an, lo*a, lr€r
ruhcontracls. Tne 0rrme aontraclor shall be regpontlbl6
for :n€ conpllance ry any s-hcon:rrclo' or loter lror
sulrcontraalor wi:. n'l the conllac: tlau3eS in thl!
oaragaaDh
?. Conlracl termanrllohi dabarmant. A lrreach ol ln6
con:ract (lauses n 29 CFR 5 5 rnay be grouncs tor
t€rnrination ol lhe conlr3ct and for dobaanenl as a
con:raalo. and a subcontracto. a9 prCvided n 29 CFR
8, Corhpllflic. vrtlfi DlvltSeoo Itd Rrhtod &, R.qrnlrtE !.
Ail rJlings ond rnlorcretation3 ot :ho DaYr!-Bacon and
Relatod Acls coo:iliec rn 29 cFR Parlg 1.3. anc 5 aro
nereir rncomoraleJ b, reterenae In lris conlracl
L Oi3pulo! concarning labor ltrndard!. Dlsoutos
iris'nc ou: of lhe l3hor 3:JndaIds prov,!acns c' thi!
con:r3cl 3ha,l iol io suoie(t lo lho ganera drspute!
craus8 cl this contrac: slcn d,sDrites ghall lre resolved rn
iccordance w,:h lhe crocoour* ol the DepenFeit cl
LaDOr Sei torth rn 29 cFR Parts 5, 6 and 7 Or3pute3
$iihrn lhe meaning or lhis aiaus6 include dispules ce:*een
lhe conlraclor ior an, ol :s lulrcon:,aclo'3t and Fl9 o'
':3 OeStOnOe, lre L s ogparlmonl of Lacor oI tro
elnplo'yee9 oa lherr ro9f €sen:3lrve9
'10. (i) Cerlilicalaon ol Elagabllily. By ente.rng in:o tr'i.
coniract the aonlracior c6r:'l:es lhal nerlhel rl rnor he or
gne, nor any oBrgon ol firr"t *ho has an rnierqs: ln lho
con:raator s flln rs a person or tirm rhel,otbre to b9
a*?rded Governme^! conlrac:g by v'(ue or Setlrcn 3lar ol
the Divia-Bacon Acr or 29 CFR 5 l2raitl: or :c ie
afaroed rlLD corlraais oi paniopare rn FJO programs
clrsuan: to 2il CFR 5i(:4
llll tto Do( of lhrs contracl !hfll be subconkaaled lo any
cerson or llrm lneligitla for award ol a Goveinrtent
cortract by vkile ol Soclon 3li) ol lhe Dav,s-Bacon Act
o.29 CFR 5 l2rat{1r or lo 5e arard€o Hl,D contraat! or
parlrcipa:e rn FJD prog'aFs pulsi,ant lo 2,4 CFR Parl 2.1
tiii) The penatty lor malrno larse gtatoments is grescribeo
rn rne J.S. Crlm,nal Code. 1; U S C 1C0t. Aod(onaily,
J.S. Crlmrnal Coate. Seclron I ,11 0. Tjire 18. J.S.C .
'Federal Fouglng Ao rnislrat,on rransactions' orovrdes ln
part '/!ncever. for the puaoose or infruencrn! rn any
wry lhe .icllcn c' !Jch Adninls:rJtlcn. . i3le5. vtters cr
cuh)isnes any slolgmart lno{rng lhe same:o co larse
sh:l,be frned nc: more lhan 15.000 or ampnsoned 4ol
more than two years or bo:n "
1'1. ComDlarntr. Prococdiror. ot Taatlmony by
EmDloyaa!, No laborer or mecnanlc :o whom the *ege.
sarary ot olher raior slan6ard! provlrrons of tn,s qonlracl
are aDp raab e shall be oischarged or ln iny olhsr nranner
drscrlm,nateo t9a,n9t by lho C0nlrac:oa or any
sutconlracior because 3uch enDlo/ee has iled ony
co!nolalrt or i.Stilutso 0r caus€o to lre inslrlut6c eny
t.oa6edrng or ha! tes:ified or is aholl to le3lify lr a^y
!.oceearrng under oa ,6 ating to lhe laScr standards
aopricaDre u.der tnis cortracl:o rir 6Fptoye.
B. Co.trdl W(t llolrr trd S.ft{y SLldtd! A.t ,'t'e
rrotl.siffE d lrs crageon B re 4dirole wlEre ihe arbdr: d he
polne coin-.El erce€ds sl.:D cfl) As G€d in tfls prig.4h. lne
:ernrs 1&er! rlc redlEi6 iralude walchnen ano guercs
It) ovorrl,na requlromant!, l,lc @ntaaid q s{bcqltraclc.
co.{raa!r{ k Iy rg( o, t€ ca.lt'46 rro.k *fttn mr/ rcq)il cr
ftdve tle aarEb,rrr€d d l&erE oa nEcnancs s'ldi llqaaG d
lemn d, sarcn l$oaE oa n€duric in 8.ly $qtllP€i 'n *r!dl trle
'ndyitrl B enpbyed dr gl.an rEt b vdl n erels ol {C hou! in
&an tpalY,*t uli€ds s(dl l&a6a or neahallc rcae've!
cdrpe.E:ion a: , rata no{ L3s ;tl 0.l9 ,]d a.ena( finea ine ba3lc
r{e o[ pay tbr 1l tdrls uqled in erc63 (, ,r0 hous o such
(21 viol.tion: ll!blllty lor unp.id r.093i laqurd.tod
damao8, ,n :h9 ayent ol an, vlola: o. cl lh6 cleuse sel
,orlh n s!bpa'3g',rpi (t ) ol lhis prrslrarh. lhe canlraalcl
ind any subcontraaior responsrbls lnerelor snall be lacle
tor tho unpatd *a9os ln aCdrton 5uch coni.sclor and
sulconlrac:or shal. !e laslo to:ho uni:ed sletas iin lhe
case ol rorl done unde. acnlract lor the olslaic: of
Colurbra or a terrr:ory- to sucn Dis:r'ct ot lo such
:ean:ory). lor lq,jicatad darrages Sucn lqlldetod
damages 3hall be comD!led .lllh Iesgect to each individuar
tabore. or mechlnrc rncru6ln, $_alanmgn ano c!ards.
edoloyod rn v olatron or the clause set ro(h In
su)paraoaipi t'i ct lhrs pa.3gra9n, i" the stm o'S10fc'exh
ca€r{, (!?y an 'rhtdl !!an l1(lvd.C rra .oqr€d q pefiitLo :o
'aofl h era8s all lhe stardr! Tstrisd( o, .00 lu.'s !s$od Dryn'€,]t
ca:ie oiertxne raoes requ red cy t^s ciauss 3eI loch n 3ub
paracra!h r1 i ol itiS paraorelh
PigE .t d 5
E)G{IBIT "A"
PAGE 12 of 13
?, Fi^,:lraa+ .:{.: r
0,li':i:,:,,
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12965490.1 108/15/19
(!l lvtthholding for unp.ld y.o.r rnd llquadded
damroor. HIJO or ils desrcneo sharl trpon lts o*n action
ot lpon wri:len requesl of an au:norlieo replesen:alrve of
lhe DeDertarenl ol Labor *lltlrold or c3u5e to bo w'lthelc
lrcm any moneys oayabla on account ot worl pe.lornod by
the confactor or subcon$actor under any such contract or
eny olhe. Feoeral contracl slih ii6 same r.,nre con:rJcl
or any o:hor FederiltT-ai!isl6d conlract 3ublect to tie
Contracl ,J\orl Fours tn6 Satety sian6ard3 Ac: wrlan is
ne'd 5y lhe saine D!'ame ccnlraclcr s..jch sufrs os may 5e
detarmlnad lo be necessary lo sa:,sly any l,ebllrlr€s ol
such coniractoi or sucaonlraclor lor unpard *ages and
rquldaied damages as providoo i. the claus6 sei fonh,n
subp.ragraoh (2) of thrs Daraqr.ph
la) subcontracts, The con:raclor or gubaonlractor shall,nrert In an, subcontracts the arauses so: lorlh rn
srlrparagraoh i 1 ) lhrough (4) ot :nl3 oare9rapi and also a
c auso requiring lhe 3ubcon:ractors to lnclud9 these
clauses rn any lo*er trer sirlrcontracls The pnme
aonlrrctor snall lrc respon3ibl€ ror compllance by any
aubconlraalor or lower:,er subconlracior wlth lhe clause9
set tofln ln glbtaragraphg {1J lhrouqh r4i ol ihis
oaitorapn.
C. He.lth .nd S.fety, The D.ov,sirE d fl6 prryAar C ar
amlaaBe *lEfe $e IEU.i d tlE Dol'ie cqtt'xl e,ce€rb sr& ofl)
(l) No racorer or nerhrnr( shalr be raqulreo io worl rn
suftound n96 or under worllng cofld t,ons *hrch aro
unsenrlary. hazardous. or dangeroug to hrs healih end
5afet, as dSlernined uncei con9:rnctlon Safel/ and nsalth
standards prornutgated Dy :he secretary ol Labor by
fe0ulalron.
l2l Tne Conlracror shall conoly 'x,lh ill regulalions
,!9ued lry lne sec.elSry ot Libor gursuan: to Title 29 Fan
1926 and f3 lure to conoly may ro3llt an lmtosition ol
sanc:,o6s pursuant to lhe con:racl ,,/lori HourE and sate:/
Srandlro! A.1 (Pubrtc Law '-11'54 83 Srat 96) 4-0-!SC
3701 et seo
r3i The contractor 3narl nalude lhc proy,Sion3 of tni9
DaragraDh in ev6ry 3ubco^lracl 90:ha: suci 9rovi3rons wlll
D6 bind,no on eacn subcontreclor. The aonlraclor shall
laxe surt acticn w,th resp6cl lo any lubcontractor as lne
seaaetary ol Fousing and lrrb3n Oevelopment or lno
Searetary ol Labor Shalt d,real os a mean9 ot entorcino
suCh OrOVl9rOns
fo{nr HUDJ010 rm,tci,qr
tt FSnclDd I l.l.l I
EXHIBIT "A"
PAGE l3 of l32762031858.0001
12965490 I a08/15/19
EXHIBIT B
SUBAWARD IDENTIFICATION NOTICE
E>O:IIBIT "B"
PAGE I of3276r031858.0001
12965490 I a08/15/19
l.
ii
MENIFEE
City of Menifee
Finance Department
Federal Award ldentification Notice
Subrecipient Name: Social Work Action Group
Subrecipient's Unique Entity ldentifier {DUNSI: 08086177 4
Federal Award ldentification Number (FAIN): B-19-MC-06-0604
Federal Award Date: July 1,2019
Subaward Period of Performance: July 1, 2019 through June 30, 2020
Amount of Federal Funds ($l Obligated by this action by the pass through entity to
the to the subrecipient: S16,549
Total Amount of Federal Funds Obligated to the subrecipient by the pass-through
entity includinB the current obligation: S16,549
Total Amount of Federal Award committed to the subrecipient by the pass through
entitY: s16,549
Federal Award project description, as required to be responsive to the Federal
Funding Accountability and Transparency Act (FFATA):
Community Development Block Grant Program (CDBG) Entitlement (CFDA #14-218)
City of Menifee CDBG P ublic Services. Specifically this program/project will entailthe:
Menifee Homeless Street Outreach Program: Social Work Action Group ("SWAG")
workers shall conduct weekly street outreach focuses on the unsheltered chronically
homeless residents in the City of Menifee ("Services"). The overarching goal is to
identify those individuals living on the streets in the City of Menifee that are most in
need of assistance to exit life on the streets due to untreated mental illness, substance
abuse and physical d isab ilities. SWAG outreach efforts to homeless specif ically targets
to accessing basic needs resources such as suitable housing, proper nutrition and
EXHIBIT *8"
PAGE 2 of 3
iii.
iv.
v.
vi.
vll.
v[t,
tx.
2762031858-0001
12965:t90.lsoE/t5/19
l,i.*Lt
x
physical and mental health care. Services will be provided to at least twenty (20) Low
and Moderate lncome ("LMl") persons.
Name of the FederalAwarding agency, pass through entit% 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
CFDA Number and Name: 14.218 (Community Development Block Gra nt/Entitleme nt
Gra nts
ldentification of whether the award is R&D: No
lndirect cost rate for the federal award (including if the de minimus rate is charged
per 200.414 lndirect F&A costs: SO/De Minimus
EXHIBIT "B"
PAGE 3 ol3
xt.
xii.
xiii.
2762031858-0001
12965490.I a08i l5/19