2019/07/01 Menifee Valley Community Cupboard, Inc. CDBG - Emergency Food DistributionCOMMUNITY DEVELOPMENT BLOCK GRANT ACREEMENT
BETWEEN
CITY OF MENIFEE
AND
MENIFEE VALLEY COMMUNITY CUPBOARD INC
FOR
PUBLIC SERVICES FOR THE CITY OF MENIFEE
COMMUNITY DEVtrLOPMENT BLOCK GRANT PROGRAM
THIS COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT("Agreement"), entered into as of this l"r day of July, 2019 by and between the cITy oFMENIFEE, a calitbmia municipar corporation ("Grantee"), and MENIFEE VALLEycoMMUNITY cUPBOARD INC., a caritbrnia nonprofit corporation ("subrecipient',).
RECITALS
. WHEREAS, Grantee participares in the community Deveropment Block Grant program
administered by the united stares Department of Housing and Urban Development rirrilo"lunder Title I of the Housing and community Development Act ot lg74 (42 u.s.c. $$ 5301 et seq.l
as amended from time to time. and lhe regulations pronulgated thereunder (24 c.F.R. $$ 570 etseq.). Pursuant to the community Development Block Grant program, crantee receives funds
from HUD ("CDBG Funds") to be used for the support of communi-ty development activities that
meet at least one ofthe three national objectives ofthe program: (i) Lenefiting low and moderate
income persons, (ii) preventing and_eliminating slums and blight, and (iii) addrlssing a communiry
development need having a particular urgency;
WHEREAS' Subrecipient is a nonprofit organization dedicated to alleviating hunger and
malnutrition in the Menit'ee Valley, which includes portions of Grantee;
WHEREAS' Subrecipient desircs to utilize CDBG Funds to provide services to the people
in the Menifee Valley, including residents of Grantee;
WHEREAS, Grantec desires to assist Subrecipient with the foregoing by providing
tinancial assistance to subrecipient in the lbrm ofa grant ofcDBG Funds in thi amount not toexceed rwcnty Thousand Dollars and Zero cents ($20,000) ("city Grant") to be used by
Sublecipient for certain expenses related to the Program, more particularly described herein as the"Eligible Project Expenses"; and
WHEREAS, Grantee's provision of the city Grant to Subrecipie,t pursuant to this
Agreement' and the fulfillment generally of this Agreement, are in the vital and best interests of
Grantee and the welfare olits residents, and in accordance with the purpose and provisiols oftheCommunity Development Block Crant program.
Now, THEREFoRE, based upon the foregoing Recitals ad for good and varuable
consideration, the receipt and suf'ficiency of which is acknowledged by both p-arties, Grantee andSubrecipient hereby agree as follows:
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A. Activities
Subrecipient will be responsible for administering a Community Development Block Grant("CDBG") Y ear 201912020 Public Serviccs 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 cligible undcr the CDBG program:
Program Delivery
Activity#l: Emergency Food Distribution program including: providing emergency fbod
boxes with nutritionally balanced food based on family size ("services'i. gach food box
contains canned and dry items, fresh produce/truit, eggs, grains, and flozen tbods. The
Emergency Food Distribution Program offers home delivery to disabled or
homebound/fiail individuals. Food boxes are available to a family once per calendar
month. Services will be provided to at least one thousand three hundred fifty(1350) Low
and Moderate Income ("LMI") persons.
I. SCOPE OF SERVI CE
General Administration
subrecipient will be responsible fbr the general administration of the program activities set
forth herein in a manner satisfactory to Grantcc and consistent with the siandards set forth
in this Agreement. General administration ofthe progxam includes the lbllowing activities:
I . Project Monitoring
2. Project Fiscal Management3. Project Reporting
B. National Obiectives
C. Levels ofAccom 1)Iishment - Go als and Perfo rmance Measures
Subrecipicnt agrees to providc thc fbllowing lcvcls ofprogram serviccs:
All activities funded with CDGB Funds must meet one of the CDBG program,s national
objectives: (i) benefiting low and moderate income persons, (ii) preventing and elilminating slums
and blight, and (iii) addressing a community development need having i particular ,rg""n.y, u,
defined in 24 C.F.R. S 570.208.
Subrecipient certifies that the Services will meet one of the CDBG program's national
objectives by providing services that dircctly benefit LMI persons. Subrecipient ivill providc the
Services to a minimum of one thousand three hundred fifty (1350) LMI pirsons. Subrecipient
shall documcnt and maintain rccords ofthe number of LMI persons servedihroughout the year.
Activitv
Activity# I
TotaI Units/Year
At Least One Thousand Three Hundred Fi/ty
(1350) LMI Persons
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LMI person is definetl us a person having an income equal or less to than 80%o ol the area
meclian inconte, and outlined in the./bllowing table, or persons presumed to be LMI in
accordunce with 24 C.F. R. $ 570.208(2)(a).
Riversidc County Arca Median Incomc (FY 2019): $69,700
Family
Members
ln
Household
Extremely Low Income
Limits
(307o of Median)
Verv Low lncome
Limits (50% of Median)
Low Income Limits
(807. of Median)
Annual Monthly Annual Ilonthh Annual Monthlv
I $ r 5.100 s 1.258 $25.150 $2.096 s40.250 s3.154
$17.250 s I ,438 s28,750 $2.396 s46.000 s3,833
-1 $t9.400 $ l,6r 7 $3 2,350 $2,696 s5 1,750 $4,3 t3
1 $2l.ss0 s 1.796 $35,900 $2.992 s57.450 s4.7 ti li
5 $23.300 $ 1,942 s38,800 $3.23 3 s62,050 $5,r7r
6 $2s,000 s2,083 $4 r,650 si,471 s66,650 $ 5,s 54
7 $26,750 s2,229 $44,s50 $3,7 r 3 $71 ,250 ss,93 8
ll s28.450 $2,3 7 r $41 ,400 $3,950 $75,850 $6,321
II. TIME OF PERPORMAN CE
D. Staffins
Subrecipient shall ensure adequate and appropriate stafllng is allocaterl to perfbrmance of
the Services. Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between the panies.
Subrecipient shall at all times remain an "independent contractor" with respect to the services to
be pertbrmed underthis Agreement. Grantee shall be exempt from paymeniofall Unemployment
compensation, FICA, retirernent, life and/or medical insurance, and workers' compeniation
Insurance, as Subrecipient is an independent contractor.
E. PerformanceMonitoring
Grantee will monitor the performance of Subrecipient against goals and perfomrance
standards stated abovc. Substandard performance as determined by Grantee will constitute
noncompliance with this Agreement. lf action to correct such substandard perfomunce is not
taken by Subrecipient within ten ( l0) days after being notified by Grantee oi such substandard
performance, Grantee may, but is not required to, initiate contract suspension or temrinatiolt
procedures to suspend or tcrminate this Agreement.
The term of this Agreemenr is from July 1,2019 through June 30,2020. The term of this
Agreement and the provisions lierein shall be extended to cover any additional tinle period during
which Subrccipicnt rcmains in control ofCDBG Funds or othcr GDBG asset, including program
inconre.
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III. BUDCET
Subrecipicnt shall apply tlrc City Grant lunds rcccivcd lionr (irantcc undcr this Agrecntcnt
in accordance with the line itcnr budget set lbnh as tollows:
Eligiblc Project Expense Amount
Salaries
Fringe
Office Space (Program only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Audit
Other (Specify)
Indirect Costs (Spccify)
TOTAL $20,000
I\" PAYMENT
Menif'ee Valley Community Cupboard
PO Box 2253
Menif'ce, CA 92586
Palments may be contingent upon certification of Subrecipient's financial management
system in accordance with the standards specified in 24 C.F.R. g g4.21.
V. NOTICES
Subrecipient shall notify Grantee ofany ofthe ibllowing changes:
o Loss ofNon-Profit Status; or
It is expressly a$eed and understood that the total amount to be paid by Grantee under this
Agreement shall not exceed rwenty Thousand Dollars and zero Cents (g20,000). Drawdowns
fbr-the payment of Eligible Project Expenses shall be made against the line item budget specilied
in Section III (Budget) herein and in accordance with performance of the Services. Exp"nse, fo,
general administration shall also be paid against the line item budgets specified in Section III(Budget) and in accordance with perfonnance ofthe Services.
City Grant payments shall be made to:
s0
0
20,000
0
0
0
0
0
0
0
0
Any indirect costs charged must be consistent with the conditions of this Agrcement. In
addition' Grantee may require a nlore detailed budget breakdown than the one contained herein,
and Subrecipient shall provide such supplementary budget information in a timely fashion in the
foml an! content prescribed by Grantee. Any amendments to the budger must-be approved in
writing by both Grantee and Subrecipient.
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. Change in leadership ofSubrecipient or changes in staff administering this Agreement.
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic-means.
Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
Communication and details conceming this contract shall be directed to the following
contract representatives:
Grantee
Wendy Preece, Deputy Finance Director
City of Menifee
29844 Haun Road
Menifee, CA 92586
Phone: (95 1) 672-6777
Fax: (951) 679-3843
VI. SPECIAL CONDITI ONS
Nonc
VII. GENERALCONDI TIONS
A. General Com pliance
Dawn Smith, Executive Director
Menifec Valley Community Cupboard Inc
26944 Cherry Hills Blvd
Menifee, CA 92586
Phone: (95 1) 746-0295
Fax: (951) 672-1368
Subrecipient shall carry out the Sen'ices and operate the Program in conformity with all
applicable Federal, state, and local laws, regulations, and rules of governmental agencils havingjurisdiction, including without limitation. the cDBG Requirements (excepr thar 1iy Subrecipient
does not assume the environmental responsibilities described in 24 c.F.R. $ 570.604, an; (2)
Subrecipient does not assume the responsibility for initiating the review process under the
provisions of 24 C.F.R. Part 52) and the legal requirements set forth in Exhibii a atrached to this
Agreement and the statutcs ref'ercnced thcrein, all provisions of the Municipal Codc of the City of
Menil'ee. and all f'ederal and srate fair labor standards, including the payment ofprevailing wages
and cornpliancc with the Davis-Bacon Act. "CDBG Requirements,;shall colleciively reflr to the
requirements of ritle I of the Housing and communiry Development Act of 1974 (42 u.s.c. $g5301 elserT.) as amended from time to tirne, and the implementing regulations ser forth in 24 c.F.R.
$$ 570 el seq. as amended liom time to time, and the requirements set lbrth and retbrred to in
Exhibit A attached to this Agreemcnl. Subrecipicnt ftrthcr agrecs to utilize funds available under
this Agreement to supplement rather than supplant t'unds othlrwise available. In the case ofany
conflict bctween the GDBG Rcquiremcnts and this Agreemcnt, thc 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 wlth tbe most
restrictive provisions in this Agreement and the cDBG Requirenients. Each ind every provision
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Subrecipient
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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. Sulrecipient
acknowledges and agrees that it shall be and remain, and ihall cause Subrecipient personnel to beand remain, fully knowledgeable and apprised of all local. state and federal laws, rules, andregulations in any manner af'fecting the perfbrmance under this Agreement, including the CDBG
Requirements. Subrecipient shall indemnify, protect, defend, und hold harmless Gri*ntee and itsoflicials, officers, employees, and agents, with counsel reasonably acceptable to Grantee, fiom and
against any and all loss, liability, damage, clairn. cort, "*pen.. und/or "-increased costs" iincludingreasonable attomeys' f'ees, court and litigation costs, and fees of expert witnesses) that'results orarises in any way from any of the following: (a) the noncompliance by Subrecipient of anyapplicable local, state and/or f'ederal law, including, without limitation, any applicable tederal
an(Vor state labor laws (including, without [imitation. ifapplicable, the requiremerrt to pay state ort'ederal prevailing wages and hire apprentices); (b) the imprementarion of Secrion izdt or tn"Labor Code, as the same may be anrended from timc to time, or any other similar law; and/or (c)
thilure- by Subrecipient to provide any required disclosure or identification as required by Laborcode Section 178 I , as thc same may be amended from time to time, or any other similar law. The
tbregoing indemnity shall survive termination or expiration of this Agr""."nt. It is agreed by theparties that Subrccipient shall bear all risks ofpayment o. nonpoy-"nt ofprevailing riages undcr
I'ederal law and Calilbmia law and,/or the implementation of Laioi Code Section l7g"l, aJthe samemay be amended from time to timc, and,/or any other simirar law. "rncreased costs,,, as used inthis Section. shall have the meaning ascribed to it in Labor code section l Tgl, as the same maybe amcnded from time to time.
B. Hold Harmless
Subrecipient shall indemnify, defend, and hold hamless crantee and its offlcers, officials,employees, representatives, and agents (each, an "Indemnitee") from and against any antl allliability, cxpensc or damagc ofany kind or nature, and for, from and against a-ny suits,
"rui,n. o,demands, including legal fees and expenses, on account of or arising-out of this Agieernent orothcrwise in conncction with thc pro$am.or Services, excepr to thc eitent ofsuch loi as may becaused by the sole negligence or willful misconduct ofan Indemnitee. Upon receiving k ,o*teageof any suit, claim or demand asscrtcd by a third party that Grantec beiieves i, .or'...J uy 6ri,indcmnity. Grantee shall give Subrecipient written notice of the matter uro un oppo.turiry todefend it, at subrecipient's sole cost and expensc, with legar counscl satisfacto.y,o b."n,"".
C. Workers'Compensation
. Subrecipient shall pro_vide workers' compensation Insurance coverage rbr all of itsemployees involvcd in the perfonnance ofthis Agreement.
D. lnsurance & Bondins
, Sub-rec-ipient shall carry sufficient insurance coverage to protect contract assets from Iossdue to theft, fraud and/or udue physicar damage. and as-a miirimum shall purchase
" Lru*",fidclity bond covcring arl employecs in an amouit equar to the amount ofthe citv Grant.
Subrecipient shall comply with the bonding and insurance requirements of 24 c.F.R.
$g 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 m*aintain
insurance in suft-rcient 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 insuiance and provide icopy
of its insurance certificate(s) to Grantee.
Failure on the part of Subrecipient to procure or maintain policies providing the required
coverages, conditions, and minimum limits will constitute a material breach of this Agreement,
upon which Grantee may imrnediately terminate this Agreement.
E. Licensins
_ Subrecipient agrees to comply with and obtain at its own expense, if necessary, all
applicable Federal, state, county, or municipal standards for licensing, certifications und opeiation
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 evcnt ofan invcstigation or suspension regarding any Subrecipient license rclated tothe Services under this Agreement, Grantee may termrnate this Agreement and withhold f'urtherCity Grant funds. In addition, monies already received under this l,greement may be owed Lack
to Grantee.
Subrecipient shall ensure recognition of the role of Grantee in providing Services tluoughthis Agrccmcnt. All activitics, fhcilities, and items utilized pursuant to this Agreemcnt shall bcprominently labeled as to funding source. In addition, Subreiipient will includJa reference to the
support providcd hcrcin in all publications madc possible with City crant funds under this
Agreement.
F. Grantee Recos nition
G. Amen monts
. Grantee or Subrecipicnt may amend this Agreement at any time providcd that such
amendnlents rnake specific reference to this Agreement, and are executed in writing, signed by aduly authorizcd represcntative of each party, and approved by Grantee's govemin! boiy. Suchamendments shall not invalidate this Agreenent, nor relieve or release G-rantee oi Srbiecipientfiom its obligations undcr this Agreement.
Grantee may, in its discretion, arnend this Agreement to conform with Federal. state, orlocal govcrnmental guidclines, policies, and available funding amounts, or for other reasons. Ifsuch amendments result in a change in the funding, the scope of Services, or schedule of theactivities to be undcrtaken as part of this Agreement, such modifications will bc incorporatcd onlyby written amendment signed by both Grantee and Subrecipient.
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In accordance with 24 c.F.R. $ 85.43, Grantee may suspend or terminate this Agreement
if Subrecipient materially fails to comply with any terms of this Agreement, which incl-ude (but
are not limited to) the following:
1 . Failure to comply with any ofthe rules, regulations, or provisions referred to herein,
or such statutes, regulations, cxecutive orders, and HUD guidetines, 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 Agreenent;
3. Ineffective or improper use ofcity Grant funds provided under this Agreemenr; or
4- Submission by Subrecipicnt 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 teminated for
convenience by either Grantee or Subrecipient, in whole or in part, by setting tbrth 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.
H, Suspension or Termination
VIII. ADMINISTRATI VE REO UIREMENTS
A. Financial Manasem ent
l. AccountingStandards
2. Cost Princinles
Subrecipient agrees to comply with 24 c.F.R. ss 94.21 g4.2g and agrees ro adhere to the
accounting principles and procedures required therein, utilize adequate intemal controls, and
maintain necessary source documentation for alI costs incurred,
Subrecipient shall administer its program in conformance with the requirements of rheoffice of Management and Budget (oMB)"Super Circular" 2 cFR part 200, which includes theUniform Administrative Requirements, cost principles, and Audit Requirements for federal
lward_s, |s applicable. The Super Circular guidance superseded and consolidated the requirementslrom oMB Circulars A-21. A-87, A-l r0, A-122, A-g9, A-102, A- l3 3, and A-50. Thcse principles
shall be applied for all costs incured whether charged on a direct or indirect basis.
[Note: For the above sections, if subrecipient is a governmentar or quasi-governmentar age,cy,
the _ap-plicable sedion of 24 c.F.R. part g5, "uniform Administratiie Reluirements for Erantsand cooperative Agreenrcnts to state and Local Governments,,, anrl oMd circuhr )_g7 wottld
appl-,".J
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B. Documentation and Record Keeoins
I . Rccords to bc Maintaincd
Subrecipient shall maintain all records required by the Federal regulations speciiied in 24
c.F.R. $ 570.506, that are pcfiinent to thc activities to be funded under this Agreement. Such
records shall include but not be limited to:
a. Records providing a full description ofeach 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 ofactivitics;
d. Records required to document the acquisition, improvement, use or
disposition ofreal 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 tinancial records, supporling documents, statistical records,
and all othcr records pe inent to this Agreement for a period of five (5 ) ycars. The retention period
begins on the date of the submission of Grantee's annual perlbrmance and evaluation report to
HUD in which the Services under this Agreemcnt arc rcpofted on for the finaf time.
Notwithstanding the above, ifthere is any litigation, claim, audit, negotiation, or other action that
involvcs any ofthc 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 of thc five-year
period, whichever occurs later,
3. Cl ient Data
Subrecipient shall rr. aintain client data demonstrating client eligibility for Services
provided. Such data shall include, but not be hmited to, client name, address, income level or
other basis for detem.rining eligibility, and description of service providerl. Such informatior.r shall
be made available to Grantee monitors or their designees fbr review upon request.
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4. Disclosure
Subrecipient understands that client information collected under this contract is private and
the use or disclosure ofsuch intbrmation, whsn not directly connected with the administration of
Grantee's or Subrecipient's responsibilities with respect to the Services provided under this
Agreement, is prohibited unless written consent is obtained from such person receiving service
and, in the case of a minor, that ofa responsible parenvguardian ofperson receiving serv-ice.
5. Close-outs
Subrccipient's obligation to Grantee shall not end until all close-out requirements are
c-ompleted. Activities during this close-out period shall include, but are not limited to: makingfinal payrnents, disposing of program assets (including the return of all unused materials,
equipment, uuspent cash advances, program income balances, and accounts receivable to Grantee),
and determining the custodianship of records. Notwithstanding the foregoing, the tems of this
Agreement shall remain in effect during any period that Subrecipient has control over CDBG
Funds, including program income.
Subrecipient will have thirry (30) days after the end of the period defined in Section II
(Time of Performance) to submit all final reimbursement request(s), progress repo(s, and a
comprehensive annual report.
6. Audits & Inspections
Subrccipient records with respect to any matters covcred by this Agrccment 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 ai deemed
necessary, to ar.rdit, examine, and make excerpts or transcripts of all relevant data. Any
deficiencies notcd in audit reporrs musr be fully cleared by Subrecipicnt within thirty (30) dayi
after receipt by Subrecipient ofthe audit repon. Failure of Subrecipiint to comply wit-h ihe above
audit requirements will constitutc a violation of this Agreement and may result iI|thc withholding
by Grantee of future payments of the city Grant. Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantce policy conceming subrecipient audits
and with the requirements of rhe oflice of Management and Budget (oMB),,super "circular,,
2
cFR Part 200, which includes the Unifonn Adrninistrative Requirements, cost principles, andAudit Requirements for federal awards, as applicable. The Super circular guidalce superseded
and consolidated the requirements from oMB Circulars A-21, A-97, A-ll0,L-122,A-gd, A- 102,
A-133. and A-50-.
C. Reportin g and Pav ment Procedures
1. Program Income
Subrecipient shall repot quarterly ar program income (as defined at 24 c.F.R.
$ 570.500(a)) generated by activities carried out with CDBG Funds made available under thisAgreement. The use of program income by Subrecipient shall compry with the requiremenrs set
forth at 24 c.F.R. $ 570.504. By way of further limitations, Subrecipient may use such program
income during the term ofthis Agreement and shall reduce requests foi additional City Grant t:unOs
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by the amount of any such program income balances on hand. All unexpended program income
shall be returned to Grantee at the end ofthe term of this Agreement. Any interest eimed on cash
advances fiom the U.S. Treasury and fiom ftnds herd in a ievolving f'uni account is not program
income and shall be remitted promptly to Grantee.
2. Indirect Costs
If indircct costs arc charged, Subrecipient will develop an indircct cost allocation plan fordetermining the appropriate Subrecipient's share of administrative costs and shall submit s,i"ii prrn
to Grantce for approval, in a form spccificd by Grantee.
3. Payment Proc edures
Grantee shall reimburse Subrecipient only fbr actual incurred costs upon presentation ofproperly executed reimbursement forms as provided and approved by Grantee.
'only
those HigluteProject Expenses directly related ro this Agreement shaii be reimbursed. The amount of-each
request must be limited to the amount needed for payment of Eligible project Expenses.
In the event that Granree or HUD determines that any CDBG Funds were expended bySubrecipient for unauthorized or ineligible purposes or the Lxpenditures constitute disallowed
costs in any other way, Grantee or HUD may order repayment of the same. Subrecipient shallremit the disallowed amounr to Grantee within thirty (30) days of written notice of thedisallowance.
Subrecipient agrees that funds dctermined 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 transf'er to Grantce any CDBG Funds on hand at
the tirne of the expiration and any accounts receivable attributable
to thc use ofCDBG Funds.
c. Grantee shall be relieved of any obligation for payments if funds
allocated to Grantee cease to be available for any iause other than
misfeasance of Grantee itself.
d. Grantee reserves the right to withhold pa;,rnents pending timety
delivery ofprogram reports or documents as may be required under
this Agreement.
Palments by Grantee will-be provided through a reimbursement/invoicing method only,with payment issued by Grantee after actuar costs have been incurred and paid by Eubrecipient.
- All costs shall be supported by properly executed paFotls, time records, invoices,
vouchers, or other official documentation, as evidence of the n;tu;e and propriety ofthe charges.All accounting documents pertaining in whole or in part to this Agreement shall be clearlyidentified and readily accessible, and upon reasonable notice, Grantee and HUD shall have the
a.
b
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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 aquarterly basis. Failure to submit reimbursement rcquesrs in a timely *unr". -uy td toreallocation of City Granr I'unds.
Subrecipient shall also:
Maintain an elfective system of internal fiscal control and
accountability for all CDBG Funds and propcl.ty acquircd or
improved with CDBG Funds, and make sure the same are used
solely for the Services.
Keep a continuing record of all disbursements by date, check
number, amount, vendor, description of items purchased, and line
item from which the money was expended, as reflected in
Subrecipient's accounting records.
Maintain payroll, financial, and expense reimbursement records for
a period of five (5) years after receipt of final palment under this
Agreement.
Permit inspection and audit of its records with respect to all matters
authorized by this Agreement by representatives ofGrantee or HUD
at any tinie during normal business hours and as often as necessary.
Inform Grantee conceming any City Grant funds allocated to
Subrecipient, that Subrecipient anticipates will not be expended
during the term of this Agreemcnt, and permit the reassignment of
the same by Grantee to other subrecipients.
Repay Grantee any itnds in its possession at the time of the
termination or expiration of this Agreement that may be due to
Grantee or HUD.
Maintain complete records concerning the receipt and use of all
program income. Program income shall be reported on a monthly
basis on forms provided by Grantee.
s Reports
Subrecipient shall submit regurar progress reports to Grantee in the form, content, andliequency as required by Grantee. progress.epo.ts n.rrrt be submitted at a niinirnum on q*"n".ry
basis. Reporting periods are defined in the following table:
a.
b
C
d.
c
f.
4.P
Quarter Reporting Period Due Date
I .lul -S eptember October 20
-12-
2762lot I85lt-0001
12965490.1 s08/07/19
Along with the quarterly progress reports, Subrecipient shall provide Grantee with twenty-
fivc pcrcent (25%) sampling of self-certification forms and ten percent (10%) sampling of income
verit'ication lor clients served that quarter. Subrecipient shall be responsible for reiaining one
hundrcd percent (100%) certification and/or incomc certification forms for a minimum of five (5)
years along with other Program records.
Additionally, an annual comprehensivc rcport including inventory ofall Services provided
or perfomred with CDBG Funds, and hnancial report shall be submitted at the end ofthe program
year. The annual report shall be submitted no later than August Ist.
D. Procurement
Quarter Reporting Period Due Date
2 October-Decerrber January 20
)January-March April 20
4 March-Junc July 20
I . Compliance
Unless specified otherwise within this Agreement, Subrecipient shall procure all materials,
property, or services in accordance with the requirements of24 C.F.R. $$ 94.40 _ g4.4g.
3. Travel
subrecipient shall comply with currcnt Grantec policy conceming the purchasc of
equipment and shall maintain inventory records ofalI non-expendable personal property as defined
by such policy as may be procured with funds provided herein. All program asiets (including,
unexpended program income, property. and equipment) shall revert to Grantee upon termination
or expiration ofthis Agreement.
2. OMB Standards
Subrccipient shall obtain writtcn approval from Grantee for any travel outside thc
metropolitan area with City Grant funds provided under this Agreement.
E. Use and Reversion ofA ssets
The use a,d disposition ofreal property and equipment under this Agreement shall be in
compliance with the requirements of 24 c.F.R. part 84 and 24 c.F.R. {js s70.s02,570.503, and
570.504. as applicable, which include bur are not limited to rhe following:
l. Subrecipient shall transf'er 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. ln all cases in which equiprnent acquired, in whole or in part, with CDBG
Funds under this Agreement is sold, the proceeds shall be program income
(prorated to reflcct the cxtcnt to that funds received undcr this Agreement
t?62/0.1 t 85E-000 t
11065490. I a084)7/ l9 -13-
were used to acquire the equipment). Equipment not needed by
Subrecipient for Services under this Agreement shall be (a) transferred to
Grantee fbr the CDBG program or (b) retained after compensating Grantee
an amount equal to the current lair market value of the equipment less the
percentage of non-CDBG Funds used to acquire the equipment.
F. DUN S and SAM.GOV tion and Su bauard Identifica n Notice
Subrccipicnt must have a Data Universal Nurnbering System (DUNS@) number to be
eligible to enter into this agreement. Further, the subrecipient must have an active
rcgistration with the federal \! \\r\l/.sanr. qov site to verily it is eligible to rcccive federal
funds. and not federally debarred. In addition, Grantee shall require completion of the
subaward identification noticc form attached hcreto as Exhibit B. Failure to complete the
subaward identification notice fomr shall render Subrecipient ineligible to receive funds
undcr this agreement.
IX. REPRES ENTATIONS AND WARRANTIES OF SU CIPIENT
Subrecipient makes the fbllowing representations and warranties as of the date of this
Agreement and agrees that such representations and warranties shall survive and continue
thereafter:
A. Authorization and Validation
The execution. delivery and perfomrance by Subrecipient of this Agreernent (i) are within
the powers of Subrecipicnt and upon its execution will constitute a lcgal, valid and binding
obligation of Subrecipient enforceable in accordance with its temrs, and (ii) wilt no1 violate any
provisions of law, any order of any coun or other agcncy of government, or any indenture,
agreement or any other instrulnenr to which Subrecipient is a party or by which Subrecipient , or
any of its propcrty, is bound, or bc in conflict with, result in any breach ofor constitutc (with duc
notice and,/or lapse of time) a def'ault under any such indenture. agreement or other instrument, or
result in the crcalion or imposition ofany licn, charge or encumbrance ofany nature whatsoever
upon any ol'its property or assets, except as contemplated by the provisions of this Agreement.
B.C orrect Information
All reports, papers. data and information given to Grantee with respect to Subrecipient and
this A$eement, including the Program are accurate and correct in all material respects and
complete insofar as completeness may be necessary to give Grantee a true and accurate klowledge
of the subject matters thereot, and there has been no change in such information.
C. Defaults
Subrecipient is not a party to any agreement or instrument that will intertbre with its
performance undcr this Agreemcnt, and is not in default in the performance, observance or
fullillment of any of the obligations, covenants or conditions set tbrth in any agreement or
instrument to which it is a party.
276210.11858-0001 -t4-
Require ments
Subrecipient has examined and is lamiliar with all conditions, restrictions, reservations,
and ordinanccs affecting the pcrfonnancc ofthc Scrviccs. Thc Scrvices will in all matcrial rcspccls
conlbnn to and comply with all ofthe requirements ofsaid conditions, restrictions, reservatlons.
and ordinances and performance of the Services shall conform in all respects with applicable
ordinances and statutes, and shall be in accordance with atl requirements of the rigulatory
authorities having jurisdiction thereoi.
X. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder ofthe Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and
eff-ect.
No member, olficial, employee, or contractor of Grantee shall be personally tiable to
Subrccipient in the event ofany default or breach by Grantee or for any amount which may bccome
due to Subrecipient or on any obligations under this Agreement. No member, offrcial, ernployee.
or contractor of Subrecipient shall be pcrsonally liable to Grantce in the event of any default or
breach by Subrecipient or fbr auy amount which may become due to Grantee or on any obligations
undcr this Agreemcnt.
XI. SECTION HEADINGS AND SUB EADINGS
The section headings and subheadings contained in this Agreement are included for
convcnience only and shall not limit or otherwise atfect the terms of this Agreement.
XII, WAIVER
Crantee'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 o. "nf,,.""any right or provision shall not constitute a waiver olsuch right or provision.
XIII. NONLIABILITY OF OFFIC IAL S AND EMPLOYEES
XIV. AP PLICABLE LAW:VENUE
The intemal Iaws ofthe State ofCalifbrnia shall govem the interpretation and enfbrcement
of this Agreeurelrt. All legal actions must be instituted and maintained in the Superior Court of
thc county of Riversidc, State of catifbrnia, or in any othcr appropriate court in that county.
2762l03t851r{001
I 1965490. I !0li/0?/ I r)-l5-
D. Pendins Litisation
. There is not now pending or thrcatened against or affecting Subrecipient any claim,
investigation, action, suit or proceeding at [aw, or in equity, or before any court or administrative
agency which, if adversely determined, would impair or affect Subrecipient's ability to perform
the Services.
E. Compliance
XV. EXECUTION IN CO UNTERPARTS
This Agreer.Ient may bc executcd in counterparts, each of which shall be decmed to be an
original, and such counterparts shall constitute one and the same instrument.
XVI. NO CONFLICT OF INTERE ST
For the term of this Agreement, no member, officer, or employee of Grantee, during the
tenr.r of his or hcr service with Grantee, shall have any direct interest in this Agreement, or obtain
any present or anticipated material benetit arising therefrom. In addition, Subrecipient agrees to
file, or to causc its employees or subcontractors to file, a statement of Economii Inter;st with
Grantee's Filing officer if such liling is required under state law in connection with the
performance of the Services.
XVII. THIRD PARTY BENEFIC IARIES
with the exception of the specitic provisions set fbrth 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.
This Agreen,ent constitutes the entire agreement between Crantee and Subrecipient for the
use of funds received under this Agrccment and it supcrsedes all prior or contomporanoous
communications and proposals. whether electronic, oral, or written between Grantee and
Subrecipient with respcct to this Agreemcnt.
XVIII.ENT AGREEMENT
ISignatures on following page]
2762/03185E{001
-16-
IN WITNESS WHEREOF, the parties have execured this Agreement as of the date first
written above.
IGrantee]ISubrecipient]
By:By:
Anlando illa, City Manager th, Executive Director
Date: q'1 -I)irtc
By:
linski, President
Datc:v
City Clerk
endy , Deputy Finance Director
APPR VED AS TO FORM:
.I ching, City A
2762rltl LtJIl-000 I
ll96J49O I nlrl/O7llO -17-
Couqtersigned:
y'lz,I
SU
I]XHIBIT A
II{MARY OF L ECAL REOUIRE MENTS
EXHIBIT..B''
PAGE I of 13
ln addition to the requirentents set tbrth in other provisions olthe Agreemenr, Subrecipient
shall comply, and shall cause all Subrccipicnt's pcrsonnel ro comply, with thc following
regulations and requirenients insofar as they are applicable to the perfomrance ofthe AgreementJ
l. Equal Opportunitv and Nondiscrimination.
a. Title VI of the Civil Rights Act of 1964, as amended, including public
Law 88-352 implemented in 24 c.F.R. Part l This law provides in part that no perron"rhull, on
the grounds of race, color. or national origin be excluded from participation in, be denied the
benefits ot, or be subjected ro discrimination under any program or altivity receiving t'ederal
financial assistance. In regard to the sale or lease ofproperty, Subrecipient shill cause o-r require
a covenant running with the land to be inserted in the deed and leases prohibiting discrimination
under this Title, and providing that Grantee and the United States are beneficiariei ofand entitled
to enforce such covenants. Subrecipient shall entbrce such covenant and shall not itself so
discriminate.
b. Fair Housing Act, Title vtlt of the civit Rights Act of t968, 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 i1
any aspect of the sale or rental of housing 1br thmilies with children and persons with disabilities.
Thc Fair Housing Act also establishcs rcquircmcnts ftrr thc design and constructios of ncw rcntalor tor-sale mtrlti-thmily housing to ensure a rnininrum level of accessibility ibr persons with
disabilitics.
c' section 109 of ritle I of the Housing and community Deveropment Actof 1974, as amended, including 42 U.S.C. 5301 et. seq., 42 U.S.C. 610l et. seq., ni 29 U.S.C.794. This law provides in part that no person on the grounds ofrace, color, national origin, sex,
or rcligion shall be excluded from participation in, bc denicd thc benefits of, or otherwisc bJsubjcct
to discrimination under any activity l'unded in whole or part with funds under rhis Title.
d. Section 104(b) of Title I of the Housing and Community Development
Act of 1974' as amended, including 42 u.s.c. s30l et. seq. ihi. lu* provides i, part tilar anygrant under Section 106 shall be made only if the $antee certifies to the satisfaction of tlre
Secretary of HUD that the grantee will. among other things, affim,atively further t'air housing.
I This exhibit is a list and summary of some of the applicable legal requirements and is not a
complete list of all Subrecipient requirements. The deicription set forth next to a statute orregulation is a summary ofcertain provisions in the statute or iegulation and is in no way intenrJed
to be a coniplete description or sulnmary ofthe stalute or regulition. ht the event ofany conflictbetween this summary and the requirements imposed by appricable laws, regurati'ons, andrcquircmcnts, thc applicable laws, regulations, and rcquircmenti ihatt apply.
2?62103 I 85lt{00I
l:r)654m.1 a08/07/ lr)
e. Executive order [246, as amended. This order includes a requirement
that grantees and subrecipients and their contractors and subcontractors not discriminaie against
any employee or applicant fbr employment because ofrace, color, religion, sex, or national o-rigin.
f. Execurive Order l1063,as amended, including 24 C.F.R. part 107. This
order and its implementing regulations include requirements that all a"iions n".essury be taken toprevent discrimination because of race, color. religion, sex, or national origin in the use,
occupancy, sale, leasing, rental, or other disposition of property assisted with Federal loans,
advances, grants, or contributions.
g. Section 504 of the Rehabilitation Act of 1973, as amended. This Act
spccifics in part that no otherwise qualified individual shall solely by reason ofhis or her disability
or_handicap be excluded from participation (including employmenil. denied program benefits, or
subjected to discrimination under any program or activity receiving FeJcral assistance.
Subrecipient must ensure that its programs are accessible to and usable by peisons with disabilities.
h. The Americans with Disabilities Act (ADA) of 1990, as amended. ThisAct prohibits discrimination on the basis of disability in employnent 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
cntity, bc designcd and constructed in a manner that makcs ihe facility readily accessible io and
usable by persons with disabitities. The Acr defines the range of ionditions that quality asdisabilities 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 inpart that no person shall be excluded from pafiicipation in, be denied program beneflts, or
subjected to discrimination on the basis of age under any program or acti;ity;eceiving f.ederal
assistance.
j. EEO/AA Statement. Subrccipient shall, in all solicitations or
advertisements tbr employees placed by or on behalf oi Subrecipient, state that it is an Equal
Opportunity or Affirmative Action employer.
k' Minority/women Business Enterprise. Subrecipie,t w l use its best
ef'forts to afford small businesses and minority and women-owned business enterprises the
maximunl practicable opportunity to participate in the performance ofthe Agreement. As used inthc Agrcement, the term "small business" mcans a business that meers thi criteria set fbrth in
Section 3(a) of the Srnall Business Acr. as amended ( l5 U.S.C. 632), and ,.minoritv and women-
owned business cnterprisc" means a busincss at least tifiy-one percent (51%) owned and controlledby minority group members or women. For the purpose of tt is o"tnriio,r, .r,i,ority group
mcrnbcrs" are Afro-Americans, Spanish-spcaking, Spanish-suman.red or Spanish--heiitagc
Americans. Asian-Americans. and American hrdians. Subrecipient n uy ."ly on written
rcprescntations by businesses regarding their status as minority and iemale business cnterprises inlieu of an independent investigation.
EXHIBIT'A"
PAGE 2 of l3
2?62103185E{00t
2. Environmental
a. Air and Water. Subrccipient shall comply with the following regulations
insof'ar.as they apply to the perfbrmance orthe Agreement: clean Air Act, 42 u.s.c. i40i, et seq.;Federaf water Pollution Control Act, as amended, 33 u.s.c. 1251, et seq., as amende4 l3lgrelating to inspection, monitoring, entry, reports, and infbrmation, as well as ott ". ,.qrir"r"nt.
specified in said Section I l4 and Section 308, and allregulations 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 foractivities located in an area identified by FEMA as having special flood hazards, flood insurance
under thc National Flood Insurancc program is obtained and-maintained.
c. Lead-Based paint. subrecipient shall cornply with the Learr-Based paint
Regulations referenced in 24 C.F.R. $ 570.608, including 24 C.F.R. part 35, et. al.
d. Historic preservation. Subrecipient shall comply with the historicpreservation requirements set fbrth in the National Historii Preservation A;t;f 1966, as amended(16 u.s.c. 470) and the procedures set forth i. 36 c.F.R. part 800, Advisory council on HisroricPreservation Procedures fbr Protection of Historic Properties and related laws and Executiveorders, insofar as they apply to the-perfonnance of thi Agreement. In general, this requiresconcurrence from the State Historic Preservation Officer fbr all rehabilitati-on and demolitiln ofhistoric 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 crearance. In accordancc with 24C.F.R. $ 58.22 entitled "Limitations on activities pending clearance, "neither a recipient nor anypartrcipant in thc dcvelopmcnt proccss, including public or private nonprofit or for-profit entities,or any of their contractors, may commit HUD assistance under a prLgram listed in 24 c.F.R.g 5.8.1(b) on an activity or project unril HUD or thc state has approved the recipient,s n.qu".i ro.
Release of Funds (RROF) and the related certifications have been approved. Neither a iecipientnor any participant in thc development process may commit non-HUD funds or undertakc onactivity or project that would have an adverse environmental impact or limit the choice ofreasonable altematives. Upon completion of environmental review or receipt of environmental
clearance, Grantee shall notify Subrecipient. HUD funds shall not be utilized befbre thisrequiremcnt is satisficd. Thc cnvironmcntal review or violation of the provisions may result inapproval, modilication of cancellation of the city Grant. Ifa project or ictivity is exempt under
24 cF.R $ 58.34, or is categorically excluded (exccpt in extraordinary circum-stances) under 24c.F R. $ 58.35(b), no RROF is re_quire and the recipient may undertake the activity immediateryaftcr thc Grantce has documentcd its determination that eaih activity or project is cxempt andmeets the conditions specitied tbr such exemption under this sectitn by issuing a No,l"" ,oProcecd.
3. Uniform Administrative Requirements,
rcquircmcnts dcscribcd in 24 C.F.R. S 570.502.
EXHIBIT "A"
PAGE 3 of l3
2762(B 1858{001
L.:965490I 0x/07/tr)
The uniibm, 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 SubpartK of 24 c.F.R. $ 570 except fbr Grantee's environmental responsibilities under 24 c.F.R.
$ 570.604 and Grantee's responsibility for initiating the review process under the provisions of24
C.F.R. Part 52.
5. Reversion of Assets. Upon the expiration of the Funding period or sooner
tenrination of'the Agreement, Subrecipient shall transf'er to Grantee (a) uny und ull GDBG Funds,
(b) any accounts receivable attributable to the use of GDBG Funds. In all cases in which
equipment acquired, in whole or in part, with I'Lrnds 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 fbr activities under the
Agrecmcnt shall at the clection of Grantce cither bc (a) transferred to Grantee fbr the CDBG
progranl, or (b) retained by Subrecipient alier compensating Grantee an amornt equal to the
current fhir rnarket value ofthe equipment lcss the pcrccntage ofnon-CDBG funds uscd b acquirc
the equipmenl.
6. Relocation. Grantec shall not bc rgsponsible for relocating any occupants fron.r
any property. If required, Subrecipient shall have the sole and exclusive re.por1iibiliry fbr
providing rclocation assistance and paying all relocation costs requircd to comply witir all
applicable f'ederal and state laws, rules. and regulations, including the Unifbnn i.elocation
Assistancc and Rcal Property Acquisition Policics Act of 1970, 42 u.s.c. g 4601 el .rer7., as
anrended, and implernenting regulations, and HUD Handbook 1378. Subrecipient shall indeninify,
defend, and hold Grantee harmless from and against any claims, liabilities, damages, or losses
made agaiust it by tenants or occupants of any propefty, 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
Progranr in accordance with the requirements of rhe office of Management and Budget
(oMB)"Super Circular" 2 cFR Part 200, which includes the Uniform Administrative
Requirements, cost Principles, and Audit Requirements for federal awards, as applicable.
8. Records and Reports. Subrecipient shall provide to Grantee and shall cause each
of its contractors, subcontractors, and subrecipients to provide to Grantee all records and reports
relating to the Program that may be reasonably requested by Grantee in order to enable it to
pcrfomr its record keeping and reporting obligations pursuant to the CDBG Requirements,
including but not limited ro those described in the Agreenrent and 24 C.F.R. $ 570.506.
?. Religious Organizations. lfSubrecipicnt is a rcligious organization as defined by
the GDBG Requirements. Subrecipient shall comply with all conditions prescribed by HUD tbr
thc usc ofCDBG Funds by religious organizations, including the First Amendment olthc Unitcd
States Constitution regarding church/state principles and the applicable constitutional prohibitions
sct lbrth in 24 C.F.R. S 570.200(i).
EXHIBIT "A"
PAGE 4 of l3:762/011858{00t
I lg654m.l !08/0?/lg
10. conflict of Interest. subrecipient will comply with 24 c.F.R. $$ 84.42, 85.36 and570.61I regarding the avoidance of conflict ol interest, which provisions includ" lbut ar" notlimited to) the fbllowing:
i. Subrccipient shall maintain a written code or standards ofconduct that shallgovern the performance of its of'ficers, employees or agents engaged in the award andadministration ofcontracts supported by Federal funds.
_ ii. No employee, oflicer or agent of the Subrecipient shall participate in the
seleclion, or in thc award, or administration oi a contract supported by Fedcrai funds ifaconllict of interest, real or apparent, would be involved.
iii. No covered persons who exercise or have exercised any functions or
responsibilities with respect to cDBc-assisted activities, or who are in a position toparticipate in a decision-making process or gain inside information with regard to such
activities. may obtain a fitrancial interest in any contract, or have a financial in'ierest in a,y
contract, subcontract, or agreement with respect to the cDBG-assisted activity, or with
respect to the proceeds from the CDBG-assisted activity, either for themselvei or tllosewith whom they have business or immediate family ties, during their tenure or for a period
ofo,e(l)yearthereafter. For purposes ofthis paragraph, a "civered perso," i,cludes a,yperson who is an cmployee, agent, consultant, of'ficer, or elected or appointed official of
the Grantee, the Subrecipient, or any designated public agency.
ll' Political Activity (24 c.F.R. g 570.207(a)(3)). Subrecipient is prohibited iiom
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, dlstributing brochfres,
voter transportation, or voter registration.
12. Anti-LobbyingCertification.
hercby ccrtifics that:
By its execution of the Agreement. Subreclpient
. .^ i.-. No Federal appropriated funds have been paid or will be paid, by or onbehalfofit, to any person for influencing or attempting to i;fluence an officer or employeeofany agency, a Member ofCongress, an otlicer or employee olCong."rr, o, un "-ploya"of a Membcr of congrcss in connection with the awarding of any-Federal contract, ihe
making of any Federal grant' the making of any Federar Lan, trre entering into of anycooperative agreement, and the extension, continuation, renewal, amindment, ormodification ofany Federal contract, grant, loan, or cooperative agreemenr.
, ii. If any funds other than Federar appropriated funds have been paid or wilr
be paid to zury person for influencing o. utt"rrpting to influence an officer or emproyee ofa1y aqe,ncy-, a Member ofCongress, an officer or employee of Congress, o. rn "*ploy""of a Member of congress in connection with this Federal coniract, g,u,rt, Ioan,'orcooperative agreement, it will complete and submit Standard Form-LLL, .,Disclosure Formto Report Lobbying," in accordance with its instructions.
. iii. It will require that the ranguage ofthis certification be included in the awarddocumcnts for all subawards at alr tiers liniruding subcontracts, subgrants, and contracts
l7()2r0.i l85ll-000t
l:q65490.1 !l)ilrr/l()
EXHIBIT "A''
PAGE 5 of l3
under grants, loans, and cooperative agreements) and that all subrecipients shall certiiy and
disclose accordingly.
This certification is a material representation oftact upon which reliance was placed when
this transaction was madc or cntered into. This certification is a prerequisitc for making or entering
into this transaction imposed by section 1352, title 31, U.S.C. Any person who t'ails ro file the
required certification shall be subject to a civil penalty ofnot less than $ 10.000 and not nore than
S100,000 fbr 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. Subrccipient shall compty with and be
subjcct to thc rcquircnrcnts of'tlic tbdcral drug-licc workplacc rcquircntcnts, which includc thc
fbllowing actions be taken:
i. Publishing a statement notiflng employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
grantee's workplace and specitying the actions that will be taken against employees for
violation of such prohibition.
ii. Establishing an ongoing drug-fiee 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 d*g counseling,
rehabilitation, and employee assistance programs: and (d) the penalties that may be
imposed upon employees for drug abuse violations occuring in the workplace.
iii. Making it a rcquirement that each cmployee to be cngaged in the
perfbrmance ofthe grant be given a copy oithe statement required by paragraph (i).
v. Notilying the agency in writing, within ten (10) calendar days after
receiving notice under sub-paragraph (iv)(b) iiom an employee or otherwise receiving
actual notice ofsuch conviclion. Employers ofconvicted employees nrust provide notice,
including position title, to every grant of'ficer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point
fbr the receipt of such notices. Notice shall include the identification number(s) of each
affected grant.
vi. Taking one o1'the fbllowing actions, within thirty (30) calendar days of
receiving notice under subparagraph (iv)(b). with respect to any employee who is so
convicted: (a) taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirernents ofthe Rehabilitation Act of 1973,
as amendedl or (b) requiring such employee to panicipate satisfactorily in a drug abuse
EXHII]IT "A''
PAGE 6 ol l32162,0] I 85 8-0U0 I
[965400. t !0lr/0?/]9
iv. Notifoing the employec in the statement rcquircd by paragraph (i) that, as a
condition of employment under the grant, the employee will: (a) abide by the temls 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 implemenrarion ofparagraphs (i), (ii), (iii), (iv), (v), and (vi).
14. Procurement. Subrecipient will comply with the procurement standards under 24c.F.R. g 85.36 for governmenral subrccipients and 24 c.F.R. $$ s4.40-s4.4g for subrecipients that
are non-profit organizations. Subrecipient shall comply with all existing and f'uture Grantee
policics conceming the purchasc ofequipment.
15. Labor Provisions.
a. Section 3 of the Housing and Community Development Act of 196g.
Subrecipient shall comply with and cause its contractors and subcontracto.i to comply with therequirements of Section 3 of the Housing and urban Development Act of 196g ( 12 u.s.c.
$ l70lu), the HUD regulations issued pursuant thereto at 24 c.F.R. part 135, and any applicable
rules and orders ofHUD issued thereunder. The section 3 clause, set forth in 24 c.F.R'$ 135.3s
provides:
i. The work to be performed under this contract is subject to the requirements
ofsection 3 ofthe Housing and Urban Development Act of 196g, as amended, r2 U.S.c.
$ l70lu ("Section 3"). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects covered
by Section 3, shall, to the greatest extent f'easible, 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 exJcution of this
contract. the parties to this contract certily that they are under no contractual or other
impediment that would prevent them from complying with the part t35 regulations.
iii. The contractor agrees to send to each labor organization or representativeof workcrs with which the contractor has a collective bargiining ugr..-"nt or other
understanding ifany, a notice advising the labor organization or worfers-' representative of
the contractor's commitments under this Section 3 clause, and will post copies ofthe noticein conspicuous places at the work site where both employees and applicants fo. truining
and employment positions can see the notice. The notice shall describe the Section 3preference, shall set forth nrinimum number and job titles subject to hire, availability of
apprenticeship and training positions. the qualifications for each; and the name and loca'tionofthe person(s) taking applications for each ofthe positions; and the anticipate<t date thework shall begin.
iv. The contractor agrees to include this Section 3 clause in every subconlract
subject to compliance with regulations in 24 c.F.R. part r35, and agrees to talie upp.of.iut.
action' as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the regurations in 24 c.F.R. part
135. The contractor will not subcontract with any subcontractor where the contractor has
EXHIBIT "A"
PAGE 7 of l3
l7()2i01 r\3-0001
vi. Noncompliance with HUD's regulations in 24 C.F.R parl 135 may result in
sanctions. termination ofthis contract for default, and debarment or suspension from future
HUD assisted contracts.
Subrecipient shall abide by the Section 3 clause set forth above and will also cause this
Section 3 clause to be lnserted in all contracts relating to the program.
b. Labor Standards. Subrecipient shall comply with the provisions of 24c.F.R. $ 570.603 and related requiremenrs. 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 Acr as amended (40 u.s.c. 314l through 3l4g), the provisions ofcontracr
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 t8 u.s.c. g7i et seq.), ihe 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 anil regulations pertaining to labor standards insofar
as those acts apply to the pertbrmance of the Agreement. Subrecipient shall maintain
documentation that demonstrates compliance with these provisions and such documentation shall
be made available to Grantee and HUD fbr review upon request. Subrecipient shall cause or
require to be inserted in full, in all such contracts subject to such regulations, provisions meeting
the requirements of thls paragraph.
c. HUD Form 4010. Subrecipicnt shall cornply and cause Subrccipient
Personnel to comply with the provisions ofHUD Form 4010 attached hereto. HUDForm4010
must be included in the bid packet and construction contract and subcontracts for the Program.
notice or knowledge that the subcontractor has been ibund in violation ofthe regulations
in 24 C.F.R. Part 135.
v. The contractor will certify that any vacant employment positions, including
training positions, that are fillcd ( I ) after the contractor is selected but bcfore the contract
is executed, and (2) with persons other than those to whom the regulations ol24 C.F.R.
Part 135 require employment oppoftunities to be directed, were not filled to circumvent the
contractor's obligations under 24 C.F.R. part I 35.
EXHIBIT *A"
PAGE 8 of l3
2?62/ti 1858-0001
l:965490.1r08/07/19
Federal Labor Standards Provisions U.S. Oepnnmeni of Housing
and Urban Oavelopmant
Offrce of Labor Relations
Applicability
The Project ot Proqram to *hich lhe conslruclion worh
covgred lry this contr3ct pertains is betng assisted by the
United Stales o, America and the foltowing Federel Labor
Standards Provisions are inctuded in lhis Contract
pursuanl to lhe provisions applicabte lo such Federat
assislance.
A. 1. (i) f,inrmum ltrage3. A taborers and mechanics
employed or wor*lno upon the site of lhe wor*, wlll be paid
uncondilionally and not less often lhan once a week, and
wilhout subsequent deduction or r€bale on any account(erceDt such payrolt deductions es are permiiled by
regulalions lssued by the sec.etary oI Labor under the
Copelend Act (2S CFR p2rt 3). the tul amount of eag6s
and bona fide frange benefils (or cash equivalents lh6r6ot)
due al lime of payment computed at rales nol less lhanlhose contained io the wage delermtnation of the
Secrelary ot Labor which is a ached hereto and mado apart hereof, regardleis ol any contractual relelionship
whrch may be alteged to exist between the conlractor and
such laborers and fiechantcs. contriDutions mede or
costs rsasonabty anticipeted tor bona fide fnnge benet'ts
under secnon t(bx2) ot rhe Davrs-Bacon Act on behatr or
laborels or mechanics are considered lyaqes paad to such
laborsrs or mechznias. subject lo ths provrsions of 29 CFR
55(aXlXiv); also, regular conlributions mede or cosls
incurred lor more than a weekly period (but not tess oflen
than quarterly) under plans, tuods, or programs, whtch
cover lhe parltcular wee y period, ar€ deemed to be
construciively made or incurred during such weekly peaiod_
Such laborers end mechanics shallbe paid the appropriale
wage rate afld lrinqe benefits on lhe wsge delerminalion
for lhe classiticaiton ol work actualy pertormed, *iiioul
regard to skill, ercept as provad€d in 29 CFR 5.5(aX4)
LaDorers or mechanics pertormrng work in more lhan one
classilrcatton mey be compensated al the rate sp€cafied for
each cl2ssrtrcalton tor the ttme aclualy wofked therein
Provrded, Thel the employer's payroll records accuritely
sel lorlh the ttnre spenl tn each classificatton rn wilch
work ts perroamed The wage delermination (jnctudrng any
addilional classification and wage rales contormed under
29 CFR 55(a)(tXii) and the Davis-Bacon post€, (WH-
1321) shall be posted at a times by the contre.lor and its
subcontractors at the site ot the worl in a promineni and
,ccessible. plac€ (here it can be eesrly seen by lhe
(ii) lal Any cless ol taborers or mechanics which rs not
listed in the waqe determinalion aod which is to be
employed under the contract sha| D€ ctassifred ln
conlormance with the wag€ detetmination HUD shall
approve an addtttonat classilrcation and wage rate andfrinoe benelits therelor only when the lolowing crilena
have b€en met'
('ll The wort to tre perlormed by the ctassifjcation
requested is not perlormed by a classlfication in the rvege
delermrnalron; and
(21 The classificatjon is ulittzed rn th€ 2rea by the
construction tnduslry: and
13) The proposed wage rale. inctuding any bona fide
tfinge benettts, bears a re3sonable aelationship 1o the
wage rates contained tn the wage determination
(b) lf the contractor and the taborers and mechanics to be
employed in lhe ctassiftcation (af known), or their
represenlalrves. and HtJD or its destgnee aqree on the
classilicatron and waqe rate (includlng the amount
designaled lor kinge benefits where appropriale), a report
o, the 3ction taken shafl be sent by HUD or jts designee tolhe Admlntslrator ot the wage and Hour oivtsion,
Employmenl Standards Admtnistration, lJ S Oepartment of
Latror_ Washington. 0 C 20210 The Administrator, or anaulhori2ed represeniative, wilt approve, modify, or
drsapprove every addlltonal classrfacatton acllon wjthin 30
days ol receipt and so advise HUD or its desiqnee or wjtl
notaly HUD or its desrqnee within ths 30-day period that
additronal tim€ rs necessary. (Approved by the Office of
Managemenl and Buogei under OMB controt nuntber 1215-
0140.)
(cl ln the e!ent the contractor, the laborsrs or mechantcslo be employed jn the classificalion or lheir
repaesentattves, and HLtD or its designee do nol aoree oo
lhe proposed classfiicalion and wage rate (inctuding the
afiounl designaled tor fringe benefits, M/here appropriat€1,
HUD or rls destgnee shalt refer lhe queslions, including
lhe views ol a tnteresled parltes and the recommendaltonol Hl,lD or rts destgnee, to the Admintslrator fordelermrnalton The Administralor, or an authorazed
represenlalive, wilt tssue a oelermtnatton wtlhin 30 days ot
receipl and so advise HlJo or lts designee or will notttyHllD or its desrgnee within the 30,day Deriod that
addilronal lim€ ts necessary (Approyed Dy lhe Office oI
Managemenl and gudqet under OMB Conkol Number
1215 0't40.)
(d) The vJage rate (inctuding frinqe benetits wh6re
appropriale) delemlned pursuanl to subparagraphs(lXiiXb) or (c) of thrs paragraph, snal be patd to aI
workers Deforminq wort( in the ct:ssiricatton under th,s
conlrect [ron] lhe tirsl day on {/ttich wofft ts performed in
the classificalion
(iii) Whenever lhe mtnrmum wage rate prescflbed tn the
conlract for e class of laborers or mechanics inctudes ,
fnnge benetit which ts not e)(press€d es an hourty rsle_ the
contractor shalt etther pay the benefit as slaled jn the
wage delermtnalton or shall pay anolher Dona tide ifinqe
baneirt or an hourty cash equtvalenl thereot
(iy) lr the contractor does not make paymenrs lo a trustee
or othef lhtrd person, lne conlraclor may constder as pa
Prevro6 e(htons are d.)so[.le Paqeld5 rofm HUD-4O.|0 (06/2009)
rel lbndboot 1344.1
2762/0IE58-0001
11965490.1 .08/07llr)
EXHIBIT..A"
PAGE 9 of l3
ot the waqeg of any taborsr or meahantc the amount ol any
costs roason:bly anlicipated in provtdrng bon3 ltde tringe
benBlats under a plan or program, provlded. That the
Secretary ot Labor has ,ouno, upon lhe wfillefl requegl ot
lhe conlractor, thal th€ applicaDte standards of lne Davrs-
Bacon Acl have been met. The Secrelary ot Lelror may
requiao lhe conraclor lo sel asrde in a segarate accounl
.ssots lor iho meotrnq o, obligatrons under lhe plrn or
9roqrrm (Approved by the olftce ot Management and
Eudget under OMB Controt Nuober 1215-0140 )
2. ltithholdino. Ht,o o. lls designee shal upon |ls own
acllon or u9on *nlten request ol an aulhoi:ed
fepresenlalrve ol the oepa(ment ot Labor fllhhold or
cause to be walhn6td lrom lhe conrractor under lhis
conlracl or any other Federal conlract wtth the same prlme
contraclor, o, any other Fgdetally-e33rsted contracl
subiect to 0avrs.Eecon preyzrting wage requrr€ments,
whrch ls held by thg Salne pfimo contractor so much ol lhe
accrueo paymenls or advances as may be consldered
necessary to 9ay taboretg and mechantcs, tocluding
apprentlces. tralnees .nd hetpers emptoyed by the
contracloa or any subconlracior the tuI amount ot wages
required by the contracl ln lhe event ol tailure lo pay any
laborer o, mechanrc, rnaluding eny apprentrca. ttatnee or
helper, employEd or worttng on lhe stte ot lhe work. alt orpan of the waqos requtred by $t6 contracl. Huo or tts
d6srgn6e may, arler wfltl€n notrce Io the contractor.
sponsor, applicant, or own€a, lake Such aition as may be
necessery to cauge the susponslon ol any furlherpaym€nt, tdvance, or guarantee of funds until such
vrolations have ceased HUO or its desronee mey, after
wtitton notice lo lhe contractor, disburSe s!ch amounls
wilhheld lor and on account ol the conlraclor or
subconlraclor lo lne respeclrye employees to $,hom they
are dua The complrolor Generet shafl mak€ such
dlsllursements ln the caso ol dtrect oavrs,Bacon Act
contracts
l. (i) Payroll! and ba!ic recoads. payrols and bastc
records relailng theaeto shall be matnlalnecl by lhe
contraclor durang lhe coltse o[ the worl prgserved for apefiod ot lhree years thereafler tor all laborers and
mechenics wotltno at the Sile ol the worl such records
shall coolatn the name. addre35, and 90ctal sec0rily
number ol €ach such 9orler, his or hgr corr€cl
classtlicatron. houdy rate3 ol waq6s pald (including rates
ol contributlons or cosis anticrpated for Don: hde tringe
benetrts or c:si squrvel€nls lh€reof ol lhe types descnbed
rn Section l(DX2)(B) ot tho Daus-bacon Act) dajty end
9eelly number of hours so ed, deducttons mede and
actual wages pa,d wheneve, lhe secretary ol Lrbor has
lound unde. 29 CFR 5 5 (ext)(rv) thal the wtges ot any
laborer oa mechantc tnctude the amounl ot any cosls
,easonably anlicrp3ted rn provrdrng beneftts under a plan
or program doscnbed rn section r(bx2x8) ot tIe Davrs-
Eacon Acl. lho contraclor lhal marniein records whtch
siOW thil lhe Commltfton! to proyldo sl]ch benefits is
enforceable. that the plan or prooram rs ftnanoa y
responslble. and that the ptan or prooram ias been
communicated in wriling to the lalrorers or mechanics
sftecled, and records whjch show lhe costs anticipaled otlhe aclual cogl ancurred tn grovidino s!ch benetils.
Conlraclors emgloying apprenlrces or trainees under
a9proved programs shelt matntain written evldenc€ o, lhe
regislrelron of apprentrceshi, paograms aoo ceniftcaton ol
lrainee ptograms, the regrstralion ot th€ approntrcss a[d
trainees, and the ratios and wags rales prescribed in lhe
aoplicabte programs (ApDrovect by the Offlco of
Manegement and Sudqet under OMB Controt Numbgrs
1215-0140 and 1215-0017 )
(ia) (6) The contractor shafl submit Beekty for each weet
rn which any contracl worl is pertormed a cogy ol a[payrolls to HUD or |ls destgnee il the agency is a psny to
the conlract, but rf rhe a9ency ls nol such a pa(y, lhe
contractor fill sutrmtl the payrolls to lhe appttcant
sponsor, or owner, as the case may be. for transmisston io
HUO or (s de3ionse. The pay.ols submlted shal set out
accuaately and comptetety all ot the tnlormilion r6qurred
lo be marnlarned uncler 29 CFR 5 5(aX3Xr) oxc€pt lhal rufl
social security numbets end home addresses shall nol be
lncluded on \reelty transmittals. tnsleed lhe payrolt3 shall
only need lo rnclude an indivrduetly tdentrrying nunrber for
each employee (e.9.. the last four digits o, tn€ employee s
socrel security number) The r€quired we€kty payro
rnlormatrcn may !e lubm(ed in any lornt destr€d.
Oplion:l Form WH-347 ls avaitaDte tor thrs purpos€ lromthe Wage end Hour Divtsjon 're0 slts 2t
hkp://wwvt dol ooy/esalahd/loms/*h347tnst htn ot ils
successor sile. The pfime conlractor is responsible tor
lhe subnissron of coples o, payrolts by all subcontractols.
conlraclors and subconlractoas shalt marntain lne fult
social securily number and cufient address o, each
covered worker, and shall protrde them upon requesl to
HUD or ils desjgne€ tf th€ agency is a garly to the
conlract, bul ll the agency ts nol such a party, the
contractor will submil lhe payrolts to lhe appticanl
sponsor, oa owner, as the case may be, ror tfansmisston lo
HIJD or rls designee, the conlracloa, ot lh€ Wage and Hour
Division ot the Deparlment ol LaDor for purposes ol an
rnveslrgatton or audrt of compli:nc€ wlth prevai no wage
requrremenls Il is nol a vrolatron ol lhts subparaoraph ,ot
a prime conlraclor to requife a subconlractor to provrde
addresses and socrat security numbers lo lhe primg
contr3clor lor tts own racords. ulhoul ryeekly subnrissrcnlo HUD o. its desronee (Approved by the Office of
Managemenl and Budqet under OMB Control Numb€r
1215,0r49. )
{Dl Each payrou submrtted Shall De accompanaed by a
'Slatement of Compltance.' srqned ty lhe conlaactor or
subconlraclor or his oa her agent who gays or supervises
lhe paymen! ol tlre persoas smptoyed under the contracl
and shall certlry lhe foflowing:
(l) That the peyrolt for the payrol period conlarna the
rnformalron required lo be provided under 29 CFR 5.5
(a)(3)(ii), ihe app.opriare intormelion as being maintainso
under 29 CFR 5 5(a)(3)(r). and thet such intormatron rs
correcl and complete;
Pry2c15 lom HUO"|oIo16j'2@
rel H:mlpl 1344 1
27r,?/011858-0001
EXHIBIT "A"
PAGE l0 of 1 3
{21 Thar each taborer or mechantc (rnctuding each netper.
apprentlce, and lrainee) emptoyed on lhe conlraal durng
the payroll period h.s been prd the fufl *eeftty w.ges
earned, rilhout rebate. elher d ecly or andtrecly, andthat no daducltons have been OaO€ e[her diaeclty orrndi,ectly lrom the tull wages eamed, other lhan
permrsg,ble deductlolts as sel tonh tn 29 cFR part 3
13) That each laborer or mechantc has b€en pard nol t6ss
lhan lhe applicable waoe rales and ffinoe benefits or cash
oquiyalenls tor the atasslltaatron ot work perlormed. asspectfied In lhe agplaaaDle *aoe d€lermination
rnaorporaled inlo the conracl
Ia) The weetly subhission ot 3 progerty executed
certaracelton set lorlh on th9 reverse side ol oglronat Form
WH-3{7 shatl satisly !he rsqutaomenl ,or submrssion of tne'Stzlement ol Compltance. roqulred by suDparagragh
4.3 (ri)(b)
(dl The latsrrrcatron of .ny ot lhe above rerliticalrons may
sublecl lhe contractoa or subcontractor lo civtl or crimtnat
prosoculron under secllon 1001 ot TI € 18 and sectaon
23'l ol Tille 31 ol the Un(ed States Code
(llil The conractor ot subaontractor sha male the
racordt required unoer 3ubparagraph A.3.{t) availabte tor
rnspeclron, copytn9, ot tfanscripltoo by authonzed
represenlalv€3 ol HUD oa its d€5rgn6€ or the D€parlmentof Labor and shall psrmit such reprosentalives to
rnlerview employees dufing sorttng hours on lhe )ob. lf
lhe contaaclor or subconlractor tarls lo submtt lhe required
rocords or lo meke lhgm avalabt€, Ht,o or tls destgnee
may, alter wnllen nottce lo the contractor, soonsor.
appfucent oa owner, take such aclton as ntay be necessary
lo cause lhe susp€nston of any lurther payment, advance,
or guaranlee ol tuods Furlhermore, failuae lo submll the
required records upon requgit or to mate such records
avarlable may De orounds lor debarment aclton pursuant to
29 CFR 5 12
a. Appreotice! and Trainge!.
(il Approntice!. Apprsntrcos wrtt be permill€d lo wo atless lhan tne Orgdetermined ral€ tot tne wort theyperformed whgn lhey are employed pu6uant to and
rndlviduatly rcgrstered tn a bona fide apptenliceahtpprogram r69islsred wilh the u s DeD.rlment of LaDor.
Employment and Ttalnrng Admlnistratton. Otrice of
Apprenlrceshrp Trainlng, Emptoyer and Labor S6ryrces, or
with a State Aporenhceshtg Agency recoqntzeo Dy tne
Oltlce. or rt a person ts enrployod rn has or her (trst g0
day3 of probaltonery emgloyrnont as an apprentice in suchan apprgnlrcsshi9 program. who 13 not rndrvtdually
rogtslered in tie program, but who ias been certrtiod by
the Otlice of Appr€nltcoshiD Tr.iorng, Emptoyor and L.bor
Seryrces oa a State apprcntraeshig Agency (where
ap9ropriale) lo be ellgrbte lor ptobaltonaay emptoyment as
an aDprenllae The alowable ralao ol aoprenttces to
,ourneymen on lhe JoD slle tn any crafi classrricalion siall
not be greater lhan lhe ratro permlned lo lhe contraclor as
lo lhe enlrre wo lorce unclel the r€otitered program. Any
*orkar li3t6d on a pay.oll al an appr€nlice wag€ ralo who
rs nol regislered or olhetwiss emDloyed as slated above,
shell De paid not tess th2n the appticzbte paq€ rale on the
u/age delermrnatton tor the classilicalton of worl aclualty
performed In aOdrlron, any apprenltce perforrhing wort on
lhe lob srle rn excess of the ratto permitled under lheregistered pro{ram shall be paid not tess than lhe
applicable waqe rate oo lhe wao6 oetermtnatrcn lor lhe
wor* actually pertormed Where a contraclor ts pedoamrno
construclion on a proiecl in r local[y olher lhan lnal in
which ils program is regstered. lhe ralios and ege raies
(expressed In percentages ot lhe journeyman,s hourtyrate) specified rn the conlractor's or subconlraclor,S
registered program shall be observed Every apprentice
musl be pald al nol less than the aate specttted tn the
regrslered program for lhe appranlce,s level ol Drogress,
erpressed as a percefltaqe of lhe journ6ymen hourty rate
specified rn lhe applrcable waoe alelermrnation
Apprentices shall be paid fringe bsnalats in accordance
wrlh the paovisaons ot lhe apprenttceship groqram ll lhe
apprenticeship prooram does not speclly fllnge benetits,
a9prenlices musl be paid lhe fu amounl of tnnge beneftts
lisled on the wege determrnalion lor the apptlcabte
classiricatrcn. lf the Administrator deternin6s tha! a
drlferenl practice prevarts for the applrcabte apprenliae
classilicatron, tfinqes shall be patct tn accordance wtth that
determtnatron tn the €vent lhe otfice of Apprenttc€ship
Trarnrng, Emlloyer and Labor Seryices or a Slate
Apprenticeship Aqency recoOntzed by the Ollice.
wrlhdrars approval of an apprenticeshtp prolaam, lhecoatractor wrll no tonqer lre permilted to uttlze
apprenlices at less lhan the apDtrcabte predelermlned aate
for the wori performed untrl an acceptable Orogram ts
approved.
{ii} Tr.inees. Except .s provjded rn 29 cFR 5.16.
lrainees will not ba permitted lo wort at tess lhan lhe
predslermined rate lor the work pertormed unlsss tney ate
employed pursuanl ',to and lndividualty reorstered ln aprogram $tich has received pnor approvat, evtdeoced bylormal cenrfication by the U S Oepartment ol tabor,
Employmenl and Traininq Admtnislrallon The talro ot
lrainees to ioumeymen on lhe job sile shalt not be grealer
lhan permilted under the ptan approved by lhe
Employmenl and Training Admtntstration. Every trainee
musl be paid al nol tess lhan lhe rate spectfted rn tie
approved program lor lh€ lrainee,s leyel ot progress,
erpressed as a percentage of the rourneyman hourly rals
specified in the ,pptrcable waoe detsrmlnation Trainees
shall be paid tnnge benetils in accordance with lhe
provistons ot the lratnee prooram tf the trainee proqtam
does nol menlioo tringe Denetds, laetneos sha be patd
ihe lull amounl ol lringe benetilg lisled on lhe wage
determrnetron unless the Admtnistratoa of lhe Wage anO
Hou, Drvtsron determines that lhor€ is an aqprent|ceshlg
pro{tram assoctaled wtth tho cotrespondrno tou,neymen
waoe rate on lhe wage d€t€rmlnetion rhich provides torless lhan full frinqe benettts tor apprentices Any
employee lrstod on the payrol at a trainee rate who ts nol
registered and 9articipalinq lh a lraininq ptan approved by
Page 3 ot 5
r(xm HUO{010 (m/2m9)
re{ Hendbo.i r 344. r
27(,:/01t1t5tt,000t
11965490.1 r08ll?/1')
EXHIBIT "A"
PAGE ll of 13
the Emptoymenl end Traininq Admtntstratron shalt be pard
not less than the rDpllcable wage rate on ltte wage
detotmlnatior lor lho worl ectualty perlorm€d ln addtlion,
any traine€ perlormrlq woll on th€ job slte tn ercess ot
the ratro permilled under lh€ reOisl6r€d program shaI b€
pard nol loss than tne applicebte *aqo rate on th6 wage
dolorminalion lor the wor* aclually perlormed ln tno
evenl the Employment and Traintog Adminrstrataon
wilhdraws approval ot a trarntng program, lhe contractor
will no longer be permi[ed to ultlize tratnees at less lhan
the aDolacable paedetermtned rate tor the work pertormed
unlil an acceptaDle progrenr ls approved
(iii) Equll employmenl opportunity. Tne utrtrzation ot
rpprenlices, trarnees and journeymen under 29 CFR pan 5shall be in conformity wilh lh6 €quat smptoyment
opponunrly requrremenls of Execultve order tl2it6 2s
amended. and 29 CFR P2rr 30
5. Complirnce wlth Copelrnd Act requitodrenta. Tie
Eonlraclor shall conlply with the requirements of 29 CFR
Paal 3 which are tncorporated Dy relerence in this contracl
6. Subcontrlcts. Tie contractor or subcontraclor wtll
rnsen rn any subcoatracts lhe ctauses conlainEd tn
subparagraphs 1 lhrougn 11 tn lhis paraqragh A and 3uch
olher clauses as HUD or ils destqnee may by apgroolale
rnsttuclions require and a copy ot ihe applicabte
prevailinq wag€ deciston, and also a ctause requinnO lhe
subconlraclors lo tnclude these ctauses rn any lower ttor
subconlracts. The pnme conlractoa shall De respoositrle
for lhe complaance by any sobconractor or lower lrer
subcontraclor rilh atl lhe contract ctauses tn thig
paragrapi.
7. Contaact termanation: debarment. A broech ol the
conlract clausos in 29 cFR 5 5 may be grounds ,or
termination of the conlract and for debarment es a
conl,eclor and a subcontraclor as provided rn 29 CFR
512
8. Cdrdi ce with D.yir,g.cro nd Rdaed acr RrquiGarEma.
All rulings and tflterprelalions of the Davts,Bacon and
Related Acls conlained rn 29 CFR prrts l. 3. and 5 are
herein rncorporaled by reterence in this contract
9. Di3pule! concearting laboa 3landa,d3. Otspules
ansrng OUt ot the labor slandards provtsions ol thi3
conttact shill nol be subieat to the qenerat dtsputes
cleuse ol thls contrecl Strch dtsputes 3hall be resolv6d ln
accordance w h lhe proc€dures of lhe oepanmenl ot
LaDor set lorlh rn 29 CFR Parts 5. 6. and 7 Drsputes
wilhrn the meaninq ol this ctause tnclude disgules belween
the conlrector (or any ol tts subco raclorst and HUD or
ItS designee. the u s oegartment of Labor, or the
employees or lnerr represenuttves
10. (i) Cenilication ot Etigibitlty. By entonng lnlo thi3
contract the contrrctor c6rlifie3 tra! o€ilher tl (nor he or
she) nor any person oa tllm who has an tntere3t rn the
conlaaclor's lrrm ts a person or hrm rneltgtbte to be
awarded Government contracts by yrrtue ol seclion 3(a) ofthe Dayis-Bacon Act or 29 CFR 5.t2(aX1) or to be
awaroed HUD conlracts or perticrpale rn HUD programs
DUBU.nl lo 24 CFR Parl 24
(ail No part of lhis conllact shatl be subcont.acted lo anypeBon or lirm ineligiol€ lo, awatd ol a Goyernment
conlrecl l)y vifiue ol seclon 3(a) ot lhe oavrs-Bacon Act
or 29 CFR 5.t2{axr) or to be awarded HIJD contracls or
Darliclpalo in HIJO Droqrams Dursuent to 24 CFR Pan 24
(iii) The penally lor maIrng r.tse 3tatemonts is prescribeO
rn the u.s. crimrnat code. lg u.s.c. 1001 Addrtrona y.
Ll.S. Crimin.l Code, Section I 01 0, TrUe t8, U.S.C,
'Federal Housio0 Admtntaltalrcn Iransactions'. provtdeg inpart "Whoevea, lor tlre purpose of inftuencing rn any
wey thg ection o, such Admanastration. .. maftes. ullel3 or
publlshes eny slalement Inowlng the srme lo be tetse.
3hall bo linod not mor€ tnan t5,000 or imDatsoned not
more lhan two yearc, or bolh '
tl. Comptain[, proceadinot, oa Teilimony by
Employeea. No laborer or mechanic lo whom lhe wage.
salery, or olher lebor standar(,s grovastons of thts Contracl
are aDplrcable shall be drsaharqed ot tn any olher manner
drsttlminated aoatnst by lhe Contraoor or any
subcontractor beceuse such employ€e has fil€d any
complaint oa inglilulgd or caused to be ingtitut€d any
proc6edrn9 or has lestllaed or is aboul to testity in any
9roceedang under oa telating to tha laDor standards
aDpllc.ble undoa tlrls contrad to hts omptoyer
a. Confact Wo.t t{oua itd Sarety Stixtards Act TtE
p.or6ldls oa thE pa'agrIh a arE ldirjb t*Ere ule -rBrn oa fie
nfiE cdfad el.as llcD.m. As usd h uts pf:t 4h. m
tdnB .l.ndgS' ard'lrEdr-i6'lncludo watchmen and guatds
lr) ovartime ,equitoment!, atb can0'xtoa c sttcon!-acbr
cot"ang k ,iy Et oa rE cdttr d {oat rrtlcn may ,Eqre d
ntone lhe eipbrrnem ol bbctls a llEctqr6 sttC reqaE c.
9errn any grdl leer q fitdt ic h aty rutH( n rtart tE
n(h/idra 6 edq,rd 0n sudt nut b st n eEeea o( 40 hors in
slrdr f,dlcr€* ulta3! gIn bbri o, nEchric tBgyes
cot|1peaBalioo a a raig ru l€&! lhJr dle rtd dr6{letf lil|6 ore bsc
Izl€ 0l pey k d horg wl(od h exce$ ol 40 holrs in irch
(2) Viohtioni liability lor unp6id r.oea; liquid.teat
damage!. ln tho event ol any vrotatton of lie clause sel
tonh rn subpar.gr.pn (t ) ot this paragraph, the contractor
and any subconl6ctor responsibte theretor shal b€ tiable
tor lhe unpard wag6s tn addilion. suah contractor and
subconlraclor lhalt be ta.Dto to tho Unilad States (in the
ca3e ol wol[ done undel aonlracl ,ot lhe oi3lrict o,
columbra o, a lerttory, to Suctl Disrtct or lo suchlernlory), tor liquldatod damagos Sucn tquidat.d
damaoe3 sh.tt be computed with aespect lo eaci individuat
laDotor oI mechanrc, t0atudang welchmen and guards.
em9loyed rn vroletron ol lhe clause set torlh in
subgaraoraph (1) of thrs g.raqraoh. tn rle sut or ilo b ea.rr
aa€.rd, &y dl $rllah t(Eh ,xhl.lrat sE leq.ted o peEllt€d towl n exceas oa the slaxlr! h.trod( ol40lEJis sf DariErt
ol the o€rliie ragrs requtred by lhe clause set tonh rn sub
9aragraph (1) of thls oaraoragh
Faqe 4 or 5
EXHIBIT "A''
PAGE l2 of 13
fdm HUD{010 (06/2@9)
rel l-tambook lY4 1
27621011851t-001r1
(3) WtrhhotdinO tor unpaid wf,ge3 ind llquidateddamrges. |luD or rts designee shall upon ils own ectton
oa upon witlen requesl or an authonzed representative of
the Department ol Labor uthhotd or cause to b€ wrthheld.
trom ahy moneys payable on account ol *or* performed by
the contaaclor or subconlractor under any such conlract or
any oth€r Federal conlracl wilh the same pnme contract.or any olher Federally assisted contract subjecl lo lhe
conlract work Hours and Safety standards Act which is
h6ld by lhe same prifie contaaclor such sums as may b6
delermined to be necessary to seltsfy any liabilities otsuch conlractor or subconlraclor for unpaid waoes and
lrquidated damages as Droyided in lhe ctause sel forth rn
subparagraph (2) ot this paraqreOh
(4) Subconlract!, The conlractor or subconlraclor shalrnse in any subcontracls the clauses se! forlh tn
sub9aragraDh (1) tnrough (4) of this paragrapi and etso aclauae requiring the subcofltractors lo includ€ lhesealauses rn any lower trer subconlrects The pfim€
conl,actor sht be rssponsible foa comptiance by any
subconlractor or lower lter subconlractor with the clausessel fonh in sut paragraphs (1) throuqh (4) ot lhispara9raph.
C. Hellth rnd Safety. The p.oYlii(b aa dlis pa-agr.pal C ae
apdrcaue f,lEae ttE zrEunl oa [E frrrE cmt-t e].eads tl q).(m
{i} No laDorer or mechanic shall be requtred lo wori tn
srraoundtBos or uoder wortang condtlrons whrch are
unsanitary, nazardoua, or dangerous to his health and
safety as delehrned under construclion safety and healthstanda.ds gromutoated by the Searetary of Laboa by
regulahon
(2) Tne Conkactor shal comply wlrh a regut.tions
issued by the secretary of Labor Dursuanl to TiIe 29 part
'1926 and farlu.e io comply may result in imposition of
sanclrons pursuant to the Contract Work Hours znd Salety
standards Act, (Publtc Law 9t-5.i. 83 stal 96). 40 usc
3701 et seo
(3) Th6 contractor sha rnctude the proyrslons of this
paragtaph in every subcontract so that such provisions willbe blndinq on each subcontraclor. The conlraclor shalltale such acllon rtlh respect lo any subconttaclor as lheSec,elary ol Housing and Urban Development or the
Sectetaay ol Lebor shall direct as a means ol entorcino
such provistoos.
Paqe 5 ot 5
EXHIBIT "A"
PAGE 13 of 13
Iorm HUO-lfl0 (m/2009)
rel Har6bool 1!1.t.1
27Cl0lIt58-000t
11965400la08/0?/19
EXHIBIT B
SUBAWARD IDENTIFICATION NOTICE
EXHIBIT "B''
PAGE I of32762()1 I 85lt-00{,1
ft
tv
vi
MENIFEE
City of Menifee
Finance Department
Federal Award ldentification Notice
i. Subrecipient Name: Menifee Valley Community Cupboard
Subrecipient's Unique Entity tdentifier {DUNS}: O4899IZO7
iii. Federal Award ldentification Number (FAtN): B-19-MC-06-0G04
Federal Award Date: July 1, 2019
Subaward Period of Performance: July 1, 2019 through June 30, 2020
Amount of Federal Funds (S) Obligated by this action by the pass through entity to
the to the subrecipient: S20,000
vllt.
Total Amount of Federal Funds Obligated to the subrecipient by the pass-through
entity including the current obligation: 520,000
Total Amount of Federal Award committed to the subrecipient by the pass through
entity: S20,000
Federal Award project description, as required to be responsive to the Federal
Funding Accountability and Transparency Act (FFATA):
Community Development Block Grant Program (CDBG) Entitlement (CFDA #14-218)
City of Menifee CDBG Public Services. Specifically this program/project will entail the:
tx.
Emergency Food Distribution Program including: providing emergency food boxes
with nutritionally balanced food based on family size (,,Services,,). Each food box
contains canned and dry items, fresh produce/fruit, eggs, grains, and frozen foods.
The Emergency Food Distribution program offers home delivery to disabled or
homeboundfrail individuals. Food boxes are available to a family once per calendar
month. Services will be provided to at least one thousand three hundred fifty (1350)
Low and Moderate lncome ("LMl") persons.
Name of the Federal Awarding agency, pass through entity, and contact information
for the awarding official of the Pass through entity:
vll.
x
EXHIBIT "B''
PAGE 2 of32762r01r 858{o(rl
Lt965490 t a08/07/to
xt.
xll.
xllt
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 Grant/Entitlement
Grants
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: S0/De Minimus
EXHIBIT ''8"
PAGE 3 of32762/031858-0001
l:965490 I a08/07/19