2019/07/01 Boys and Girls Club of Menifee Valley CDBG - Before and After School ProgramCOMMI,]NITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN
CITY OF MENIFEE
AIID
BOYS & GIRLS CLUB OF MEITIFEE VALLEY
FOR
PI]BLIC SERVICES FOR THE CITY OF MENIFEE
COMMTJNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
("Agreement"), entered into as of this 1't day of July, 2019 by and between the CITY OF
MENIFEE, a California municipal corporation ("Grantee"), and BOYS & GIRLS CLUB OF
MENIFEE VALLEY, a California nonprofit corporation ("Subrecipient").
RECITALS
W}IEREAS, Grantee participates in the Community Development Block Grant program
administered by the United States Department of Housing and Urban Development ('HLtD')
under Title I of the Housing and Community Development Act of 1974 (42 U.S.C. gg 5301 et seq.)
as amended from time to time, and the regulations promulgated thereunder (24 C.F.R. $$ 570 et
seq.). Pursuant to the Community Development Block Grant program, Grantee receives funds
from HUD ("CDBG Funds") to be used for the support of community development activities that
meet at least one of the three national objectives ofthe program: (i) benefiting low and moderate
income persons, (ii) preventing and eliminating slums and blight, and (iii) addressing a community
development need having a particular urgency;
WHEREAS, Subrecipient is a nonprofit organization dedicated to providing a safe,
positive, and affordable place for children in Menifee Valley, especially those who are at risk, to
reach their full potential as caring, productive, and responsible citizens, including resident children
ofGrantee;
WHEREAS, Subrecipient desires to utilize CDBG Funds to provide services to the people
in the Menifee Valley, including residents of Grantee;
WHEREAS, Grantee desires to assist Subrecipient with the foregoing by providing
financial assistance to Subrecipient in the form of a grant of CDBG Funds in the amount not to
exceed Ten Thousand Dollars and Zero Cents ($10,000) ("City Grant") to be used by
Subrecipient for certain expenses related to the Program, more particularly described herein as the
"Eligible Project Expenses"; and
WHEREAS, Grantee's provision of the City Grant to Subrecipient pursuant to this
Agreement, and the fulfillment generally ofthis Agreement, are in the vital and best interests of
Grantee and the welfare of its residents, and in accordance with the purpose and provisions ofthe
Community Development Block Grant program.
NOW, THEREFORE, based upon the foregoing Recitals and for good and valuable
consideration, the receipt and sufficiency of which is acknowledged by both parties, Grantee and
Subrecipient hereby agree as follows:
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A. Activities
Subrecipient will be responsible for administering a Community Development Block Grant
('CDBG") Year 20191202O Public Services Program ("Program") in a manner satisfactory to
Grantee and consistent with any standards required as a condition of providing these funds. Such
progmm will include the following activities eligible under the CDBG program:
Program Delivery
Activity #l: Scholarships for programs and services to low moderate income ("LMI")
persons, including, but not limited to: Before and After School Program which provides
transportation for enrolled youth to and from school ("Services"). Working parents can
drop offtheir children at the Boys and Girls Club prior to commuting to work. Through
the program, the children are transported to school by a licensed, certified individual.
Children are provided a healthy snack and beverages and then participate in the "Power
Hour" homework and tutoring program. Services will be provided to at least two hundred
twenty five (225) LMI persons.
General Administration
Subrecipient will be responsible for the general administration ofthe Program activities set
forth herein in a manner satisfactory to Grantee and consistent with the standards set forth
in this Agreement. General administration ofthe Program includes the following activities:
Project Monitoring
Project Fiscal Management
Project Reporting
All activities funded with CDCB Funds must meet one of the CDBG program's national
objectives: (i) benefiting low and moderate income persons, (ii) preventing and eliminating slums
and blight, and (iii) addressing a community development need having a particular urgency, as
defined in 24 C.F.R. li 570.208.
Subrecipient certifies that the Services will meet one of the CDBG program's national
objectives by providing services that directly benefit LMI persons. Subrecipient will provide the
Services to a minimum of two hundred twenty five (225) LMI persons. Subrecipient shall
document and maintain records ofthe number of LMI persons served throughout the year.
I
2
3
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I. SCOPE OF SERVICE
B. National Obiectives
C. Levels of Accomnlishment -and Performance Measures
Subrecipient agrees to provide the following levels ofprogram services
Total Units/Year
At Least Two Hundred Twenty Five (225) LMI
Persons
LMI person is defined as a person having an income equal or less to than 80o% of the area
median income, and outlined in the following table, or persons presumed to be LMI in
accordance with 24 c.F. R. s 570.208(2)(a).
Riverside County Area Median lncome (FY 2019): $69,700
Family
Members
In
Hous€hold
Extremely Low Income
Limits
(30% of Median)
Very Low Income
Limits (50% of Median)
Low Income Limits
(80% of Median)
Annual Monthlv Annual Monthly Annual Monthly
1 $1s,100 $r,258 $25,150 $2,096 $40,250 $3,3s4
2 $ 17,250 $ 1,438 s28,750 $2,396 $46,000 $3,833
3 $19,400 $1,617 $2,696 s51,750 $4,313
4 $21,550 $1,796 $35,900 $2,992 $s7,450 s4,788
5 $23,300 $r,942 s38,800 $3,233 $62,050 $5,171
6 $25,000 $2,083 $41,650 $3,471 $66,6s0 $5,554
7 $26,750 s2,229 $44,s50 s3,713 $7r,2s0 ss,93 8
8 $28,450 $2,37 |s47,400 q1 oso $7s,850 $6,321
D. Stalfins
Subrecipient shall ensure adequate and appropriate staffing is allocated to pedormance of
the Services. Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between the parties.
Subrecipient shall at all times remain an "independent contractor" with respect to the services to
be performed under this Agreement. Grantee shall be exempt from payment ofall Unemployment
Compensation, FICA, retirement, life and/or medical inswance, and Workers' Compensation
lnsurance, as Subrecipient is an independent contractor.
E. PerformanceMonitoring
Grantee will monitor the performance of Subrecipient against goals and performance
standards stated above. Substandard performance as determined by Grantee will constitute
noncompliance with this Agreement. If action to correct such substandard perforrnance is not
taken by Subrecipient within ten (10) days after being notified by Grantee of such substandard
Activity
Activitll
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$32,350
performance, Grantee may, but is not required to, initiate contract suspension or termination
procedures to suspend or terminate this Agreement.
III. BUDGET
Subrecipient shall apply the City Grant funds received from Grantee under this Agreement
in accordance with the line item budget set forth as follows:
Elisible Proiect Expense Amount
Salaries
Fringe
Offrce Space (Program only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Audit
Scholarships
Indirect Costs (Specify)
TOTAL $10,000
Any indirect costs charged must be consistent with the conditions of this Agreement. ln
addition, Grantee may require a more detailed budget breakdown than the one contained herein,
and Subrccipient shall provide such supplementary budget information in a timely fashion in the
form and content prescribed by Grantee. Any amendments to the budget must be approved in
writing by both Grantee and Subrecipient.
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by Grantee under this
Agreement shall not exceed Ten Thousand and Zero Cents ($10,000). Drawdowns for the
payment of Eligible Project Expenses shall be made against the line item budget specified in
Section III (Budget) herein and in accordance with performance of the Services. Expenses for
general administration shall also be paid against the line item budgets specified in Section III
(Budget) and in accordance with performance ofthe Services.
City Grant payrnents shall be made to:
Boys & Girls Club of Menifee Valley
26301 Garbani Road
$0
0
0
0
0
0
0
0
0
0 000
0
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II. TIME OF PERFORMANCE
The term of this Agreement is from July 1,2019 through June 30,2020. The term of this
Agreement and the provisions herein shall be extended to cover any additional time period during
which Subrecipient remains in control ofCDBG Funds or other CDBG asset, including Program
income.
Menifee, CA,92584
Payments may be contingent upon certification of Subrecipient's financial management
system in accordance with the standards specified in 24 C.F.R. $ 84.21.
v. NollrcEs
Subrecipient shall notiff Grantee of any of the following changes:
. Loss ofNon-Profit Status; or
o Change in leadership of Subrecipient or changes in staff administering this Agreement
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means.
Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
Communication and details concerning this contract shall be directed to the following
contract representatives :
Grantee
Wendy Preece, Deputy Finance Director
City of Menifee
29844 Haun Road
Menifee, CA 92586
Phone: (951) 672-6777
Fax: (951) 679-3841
John Whann, Executive Director
Boys & Girls Club of Menifee Valley
26301 Garbani Road
Menifee, CA 92584
Phone: (951) 246-8845
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Subrecipient
VI. SPECIAL CONDITIONS
None
VII. GENERALCONDITIONS
A. General Comoliance
Subrecipient shall carry out the Services and operate the Program in conformity with all
applicable Federal, state, and local laws, regulations, and rules of govemmental agencies having
jurisdiction, including without limitation, the CDBG Requirements (except that (l) Subrecipient
does not assume the environmental responsibilities described in 24 C.F.R. $ 570.604, and (2)
Subrecipient does not assume the responsibility for initiating the review process under the
provisions of24 C.F.R. Part 52) and the legal requirements set forth in Exhibit A attached to this
Agreement and the statutes referenced therein, all provisions of the Municipal Code of the City of
Menifee, and all federal and state fair labor standards, including the payment ofprevailing wages
and compliance with the Davis-Bacon Act. "CDBG Requirements" shall collectively refer to the
requirements of Title I of the Housing and Community Development Act of 1974 (42 U.S.C. $$
5301 et seq.) as amended from time to time, and the implementing regulations set forth in 24 C.F.R.
$$ 570 et seg. as amended from time to time, and the requirements set forth and refened to in
Exhibit A attached to this Agreement. Subrecipient further agrees to utilize funds available under
this Agreement to supplement rather than supplant funds otherwise available. In the case of any
conflict between the CDBG Requirements and this Agreement, the CDBG Requirements shall
control; it being understood, however, that in order to be in compliance with this Agreement and
the CDBG Requfuements, Subrecipient shall, to the extent possible, comply with the most
restrictive provisions in this Agreement and the CDBG Requirements. Each and every provision
required by law to be included in this Agreement shall be deemed to be included, and this
Agreement shall be read and enforced as though all such provisions were included. Subrecipient
acknowledges and agrees that it shall be and remain, and shall cause Subrecipient personnel to be
and remain, fully knowledgeable and apprised of all local, state and federal laws, rules, and
regulations in any manner affecting the performance under this Agreement, including the CDBG
Requirements. Subrecipient shall indemnifu, protect, defend, and hold harmless Grantee and its
officials, officers, employees, and agents, vr'ith counsel reasonably acceptable to Grantee, from and
against any and all loss, liability, damage, claim, cost, expense and,/or "increased costs" (including
reasonable attomeys' fees, court and litigation costs, and fees of expert witnesses) that results or
arises in any way from any of the following: (a) the noncompliance by Subrecipient of any
applicable local, state and/or federal law, including, without limitation, any applicable federal
and/or state labor laws (including, without limitation, if applicable, the requirement to pay state or
federal prevailing wages and hire apprentices); (b) the implementation of Section 1781 of the
Labor Code, as the same may be amended from time to time, or any other similar law; and/or (c)
failure by Subrecipient to provide any required disclosure or identiflcation as required by Labor
Code Section 1781, as the same may be amended fiom time to time, or any other similar law. The
foregoing indemnity shall survive termination or expiration of this Ageement. It is agreed by the
parties that Subrecipient shall bear all risks ofpayment or nonpa)ment ofprevailing wages under
federal law and Califomia law and/or the implementation of Labor Code Section 1781, as the same
may be amended from time to time, and/or any other similar law. "Increased costs," as used in
this Section, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may
be amended ftom time to time.
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B. Hold Harmless
Subrecipient shall indemniff, defend, and hold harmless Grantee and its officers, officials,
employees, representatives, and agents (each, an "Indemnitee") from and against any and all
liability, expense or damage of any kind or natwe, and for, from and against any suits, claims or
demands, including legal fees and expenses, on account of or arising out of this Agreement or
otherwise in connection with the Program or Services, except to the extent ofsuch loss as may be
caused by the sole negligence or willful misconduct of an Indemnitee. Upon receiving knowledge
of any suit, claim or demand asserted by a third party that Grantee believes is covered by this
indemnity, Grantee shall give Subrecipient written notice of the matter and an opportunity to
defend it, at Subrecipient's sole cost and expense, with legal counsel satisfactory to Grantee.
Subrecipient shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
D. Insurance & Bondinq
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket
fidelity bond covering all employees in an amount equal to the amount ofthe City Grant.
Subrecipient shall comply with the bonding and insurance requirements of 24 C.F.R.
$$ 84.31 and 84.48, Bonding and lnsurance.
Subrecipient will not be relieved of any liability, claims, demands, or other obligations
assumed by its failure to procure or maintain insurance, or its failure to procure or maintain
insurance in sufficient amounts, durations, or types.
Subrecipient shall name Grantee and its officers, officials, employees, volunteers, agents,
and representatives as an additional insured under its general liability insurance and provide a copy
of its insurance certificate(s) to Grantee.
Failure on the part of Subrecipient to procure or maintain policies providing the required
coverages, conditions, and minimum limits will constitute a material breach of this Agreement,
upon which Grantee may immediately terminate this Agreement.
E. 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 and operation
offacilities and programs, including the Program, and accreditation and licensing of individuals,
and any other standards or criteria as described in this Agreement to assure quality ofthe Services.
In the event ofan investigation or suspension regarding any Subrecipient license related to
the Services under this Agreement, Grantee may terminate this Agreement and withhold further
City Grant funds. In addition, monies already received under this Agreement may be owed back
to Grantee.
Subrecipient shall ensure recogaition ofthe role of Grantee in providing Services through
this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be
prominently labeled as to funding source. In addition, Subrecipient will include a reference to t}re
support provided herein in all publications made possible with City Grant funds under this
Agreement.
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C. Workers'Compensation
F. Grantee Recosnition
G. Amendments
Grantee or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each party, and approved by Grantee's goveming body. Such
amendments shall not invalidate this Agreement, nor relieve or release Grantee or Subrecipient
from its obligations under this Agreement.
Grantee may, in its discretion, amend this Agreement to conform with Federal, state, or
local governmental guidelines, policies, and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of Services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be incorporated only
by written amendment signed by both Grantee and Subrecipient.
H. Suspension or Termination
In accordance with 24 C.F.R. $ 85.43, Grantee may suspend or terminate this Agreement
if Subrecipient materially fails to comply with any terms of this Agreement, which include (but
are not limited to) the following:
l. Failure to comply with any ofthe rules, regulations, or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies, or
directives as may become applicable at any time;
2. Failure, for any reason, of Subrecipient to fulfill in a timely and proper marmer its
obligations under this Agreement;
3. lneffective or improper use ofCity Grant funds provided under this Agreement; or
4. Submission by Subrecipient to Grantee reports that are incorrect or incomplete in
any material respect.
In accordance with 24 C.F.R. $ 85.44, this Agreement may also be terminated for
convenience by either Grantee or Subrecipient, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial termination, the portion to be
terminated. However, if in the case of a partial termination, Grantee determines that the remaining
portion of the City Grant funds will not accomplish the purpose for which the gmnt was made,
Grantee may terminate this Agreement in its enlirety.
VIII. ADMINISTRATIVEREOUIREMENTS
A. FinancialManagement
I . Accountin Standards
Subrecipient agrees to comply with 24 C.F.R. $$ 84.21 - 84.28 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate intemal controls, and
maintain necessary source documentation for all costs incurred.
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2. Cost Principles
Subrecipient shall administer its program in conformance with the requirements of The
Office of Management and Budget (OMB)"Super Circular" 2 CFR Part 200, which includes the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal
awards, as applicable. The Super Circular guidance superseded and consolidated the requirements
from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, A-133, and A-50. These principles
shall be applied for all costs incurred whether charged on a direct or indirect basis.
[Note: For rhe above sections, if Subrecipient is a governmental or quasi-goveramental agency,
the applicable section of 24 C.F.R. Part 85, "Uniform Administrative Requirements for Grants
and Cooperalive Agreements to State and Local Governments," and OMB Circular A-87 would
applv.J
B. Documentation and Record Kee n tn g
l. Records to be Maintained
Subrecipient shall maintain all records required by the Federal regulations specified in 24
C.F.R. $ 570.506, that are pertinent to the activities to be funded under this Agreement. Such
records shall include but not be limited to:
a. Records providing a full description ofeach activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components ofthe CDBG program;
f. Financial records as required by 24 C.F.R. 0 570.502, and 24 C.F.R
$$ 84.21 - 84.28; and
g. Other records necessary to document compliance with Subpart K of
24 C.F.R. Part 570.
2. Retention
Subrecipient shall retain all financial records, supporting documents, statistical records,
and all other records pertinent to this Agreement for a period of five (5) years. The retention period
begins on the date of the submission of Grantee's annual performance and evaluation report to
HUD in which the Services under this Agreement are reported on for the final time.
Notwithstanding the above, ifthere is any litigation, claim, audit, negotiation, or other action that
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involves any ofthe records cited and that has started before the expiration ofthe five-year retention
period, then such records must be retained until completion of the litigation, claim, audit,
negotiation, or other action and the resolution of all issues, or until the expiration ofthe five-year
period, whichever occurs later.
3. Client Data
Subrecipient shall maintain client data demonstrating client eligibility for Services
provided. Such data shall include, but not be limited to, client name, address, income level or
other basis for determining eligibility, and description of service provided. Such information shall
be made available to Grantee monitors or their designees for review upon request.
4. Disclosure
Subrecipient understands that client information collected under this conkact is private and
the use or disclosure ofsuch information, when not directly connected with the administration of
Grantee's or Subrecipient's responsibilities with respect to the Services provided under this
Agreement, is prohibited unless written consent is obtained from such person receiving service
and, in the case ofa minor, that ofa responsible parent/guardian ofperson receiving service.
5 ose-outs
Subrecipient's obligation to Grantee shall not end r:ntil all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to: making
final payments, disposing of program assets (including the return of all unused materials,
equipment, unspent cash advances, program income balances, and accounts receivable to Grantee),
and determining the custodianship of records. Notwithstanding the foregoing, the terms of this
Agteement shall remain in effect during any period that Subrecipient has control over CDBC
Funds, including program income.
Subrecipient will have thirty (30) days after the end of the period defined in Section II
(Time of Performance) to submit all final reimbursement request(s), progress reports, and a
comprehensive annual report.
6. Audits & Inspections
Subrecipient records with respect to any matters covered by this Agreement shall be made
available to Grantee, HUD, and the Comptroller General of the United States or any of their
authorized representatives, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by Subrecipient within thirty (30) days
after receipt by Subrecipient ofthe audit report. Failure of Subrecipient to comply with the above
audit requirements will constitute a violation of this Agreement and may result in the withholding
by Grantee of future payments of the City Grant. Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy conceming subrecipient audits
and with the requirements of The Offrce of Management and Budget (OMB)"Super Circular" 2
CFR Part 200, which includes the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for federal awards, as applicable. The Super Circular guidance superseded
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and consolidated the requirements from OMB Circulars A-21, A-87, A-l10, 4-122, A-89, A-1O2,
A-133, and A-50..
C. Reportins and Payment Procedures
l. Program Income
Subrecipient shall report quarterly all program income (as defined at 24 C.F.R.
$ 570.500(a)) genorated by activities carried out with CDBG Funds made available under this
Agreement. The use of program income by Subrecipient shall comply with the requirements set
forth at 24 C.F.R. $ 570.504. By way of further limitations, Subrecipient may use such program
income during the term of this Agreement and shall reduce requests for additional City Grant funds
by the amount of any such program income balances on hand. All unexpended program income
shall be retumed to Grantee at the end ofthe term ofthis Agreement. Any interest eamed on cash
advances from the U.S. Treasury and from funds held in a revolving fund account is not program
income and shall be remitted promptly to Grantee.
If indirect costs are charged, Subrecipient will develop an indirect cost allocation plan for
determining the appropriate Subrecipient's share of administrative costs and shall submit such plan
to Grantee for approval, in a form specified by Grantee.
3. Payment Procedures
Grantee shall reimburse Subrecipient only for actual incurred costs upon presentation of
properly executed reimbursement forms as provided and approved by Grantee. Onlythose Eligible
Project Expenses directly related to this Ageement shall be reimbursed. The amount of each
request must be limited to the amount needed for payment of Eligible Project Expenses.
In the event that Grantee or HUD determines that any CDBG Funds were expended by
Subrecipient for unauthorized or ineligible purposes or the expenditures constitute disallowed
costs in any other way, Grantee or HUD may order repayment of the same. Subrecipient shall
remit the disallowed amount to Grantee within thidy (30) days of written notice of the
disallowance.
Subrecipient agrces that funds determined by Grantee to be surplus
upon completion of this Agreement will be subject to cancellation
by Grantee.
Subrecipient agrees that upon expiration of this Agreement,
Subrecipient shall transfer to Grantee any CDBG Funds on hand at
the time of the expiration and any accounts receivable attributable
to the use of CDBG Funds.
Grantee shall be relieved of any obligation for paynents if funds
allocated to Grantee cease to be available for any cause other than
misfeasance of Grantee itself.
a-
b
c
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2. Indirect Costs
d. Grantee reserves the right to withhold payments pending timely
delivery ofprogram reports or documents as may be required under
this Agreement.
Pa)rynents by Grantee will be provided through a reimbursemenrinvoicing method only,
with payment issued by Grantee after actual costs have been incuned and paid by Subrecipient.
All costs shall be supported by properly executed payrolls, time records, invoices,
vouchers, or other official documentation, as evidence ofthe nature and propriety ofthe charges.
All accounting documents pertaining in whole or in part to this A$eement shall be clearly
identified and readily accessible, and upon reasonable notice, Grantee and HUD shall have the
right to audit the records of Subrecipient as they relate to this Agreement and the activities and
services described herein.
Payment reimbursement requests shall be submitted by Subrecipient at a minimum on a
quarterly basis. Failure to submit reimbursement requests in a timely manner may lead to
reallocation of City Grant funds.
Subrecipient shall also:
Maintain an effective system of intemal fiscal control and
accountability for all CDBG Funds and property acquired or
improved with CDBG Funds, and make sure the same are used
solely for the Services.
Keep a continuing record of all disbursements by date, check
number, amount, vendor, description of items purchased, and line
item from which the money was expended, as reflected in
Subrecipient's accounting records.
Maintain payroll, financial, and expense reimbursement records for
a period of five (5) years after receipt of final payment under this
Agreement.
Permit inspection and audit of its records with respect to all matters
authorized by this Agreement by representatives ofGrantee or HUD
at any time during normal business hours and as often as necessary.
Inform Grantee concerning any City Grant funds allocated to
Subrecipient, that Subrecipient anticipates will not be expended
during the term of this Ageement, and permit the reassignment of
the same by Grantee to other subrecipients.
Repay Grantee any funds in its possession at the time of the
termination or expiration of this Agreement that may be due to
Grantee or HUD.
a.
b
d
f.
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Maintain complete records conceming the receipt and use of all
program income. Program income shall be reported on a monthly
basis on forms provided by Grantee.
Subrecipient shall submit regular progress reports to Grantee in the form, content, and
frequency as required by Grantee. Progress reports must be submitted at a minimum on quarterly
basis. Reporting periods are defined in the following table:
Quarter Reporting Period Due Date
I July-September October 20
2 October-December January 20
3 January-March April 20
4 July 20
Along with the quarterly progress reports, Subrecipient shall provide Grantee with twenty-
five percent (25%) sampling of self-certification forms and ten percent (10%) sampling of income
verification for clients served that quarter. Subrecipient shall be responsible for retaining onc
hundred percent (100%) certification and/or income certification forms for a minimum offive (5)
years along with other Program records.
Additionally, an annual comprehensive report including inventory ofall Services provided
or performed with CDBG Funds, and financial report shall be submitted at the end ofthe program
year. The annual report shall be submitted no later than August I st.
I . Compliance
Subrecipient shall comply with current Grantee policy conceming the purchase of
equipment and shall maintain inventory records ofall non-expendable personal property as defined
by such policy as may be procured with funds provided herein. All Program assets (including,
unexpended program income, property, and equipment) shall revert to Grantee upon termination
or expiration of this Agreement.
Unless specified otherwise within this Agreement, Subrecipient shall procure all materials,
property, or services in accordance with the requirements of24 C.F.R. $$ 84.40 - 84.48.
Subrecipient shall obtain written approval from Grantee for any travel outside the
metropolitan area with City Grant funds provided under this Agreement.
-13-
4. Progress Reports
March-June
D. Procurement
2. OMB Standards
3. Travel
2762103tE5E{001
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E. Use and Reversion of Assets
The use and disposition ofreal property and equipment under this Agreement shall be in
compliance with the requirements of 24 C.F.R. Part 84 and 24 C.F.R. $$ 570.502,570.503, and
570.504, as applicable, which include but are not limited to the following:
l. Subrecipient shall transfer to Grantee any CDBG Funds on hand and any
accounts receivable attributable to the use of CDBG Funds under this
Agteement at the time of expiration, cancellation, or termination.
In all cases in which equipment acquircd, in whole or in part, with CDBG
Funds under this Agreement is sold, the proceeds shall be program income
(prorated to reflect the extent to that funds received under this Agreement
were used to acquire the equipment). Equipment not needed by
Subrecipient for Services under this Agteement shall be (a) transferred to
Grantee for the CDBG program or (b) retained after compensating Grantee
an amount equal to the current fair market value of the equipment less the
percentage of non-CDBG Funds used to acquire the equipment.
F. DUNS and SAM.GOY Resistration and Subaward Identification Notice
Requirements
Subrecipient must have a Data Universal Numbering System (DUNS@) number to be
eligible to enter into this agreement. Further, the subrecipient must have an active
registration with the federal wrvrv.sanr.sov site to verify it is eligible to receive federal
funds, and not federally debarred. In addition, Grantee shall require completion of the
subaward identification notice form attached hereto as Exhibit B. Failure to complete the
subaward identification notice form shall render Subrecipient ineligible to receive funds
under this agreement.
IX. REPRESENTATIONSANDW ES OF SUBRECIPIENT
Subrecipient makes the following representations and warranties as of the date of this
Agreement and agrees that such representations and warranties shall survive and continue
thereafter:
A. Authorization and Validation
The execution, delivery and performance by Subrecipient of this Agreement (i) are within
the powers of Subrecipient and upon its execution will constitute a legal, valid and binding
obligation of Subrecipient enforceable in accordance with its terms, and (ii) will not violate any
provisions of law, any order of any court or other agency of govemment, or any indenture,
agreement or any other instrument to which Subrecipient is a party or by which Subrecipient , or
any of its property, is bound, or be in conflict with, result in any breach of or constitute (with due
notice and/or lapse of time) a default under any such indenture, agreement or other instrument, or
result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever
upon any of its property or assets, except as contemplated by the provisions of this Agreement.
27621031858-0001
12965,175.1 a08/07/19 -14-
1
All reports, papers, data and information given to Grantee with respect to Subrecipient and
this Agreement, including the Program are accurate and correct in all material respects and
complete insofar as completeness may be necessary to give Grantee a true and accurate knowledge
ofthe subject matters thereof, and there has been no change in such information.
Subrecipient is not a party to any agreement or instrument that will interfere with its
performance under this Agreement, and is not in default in the performance, observance or
fulfillment of any of the obligations, covenants or conditions set forth in any agreement or
instrument to \ hich it is a party.
D. Pendins Li tigation
There is not now pending or tkeatened against or affecting Subrecipient any claim,
investigation, action, suit or proceeding at law, or in equity, or before any court or administrative
agency which, if adversely determined, would impair or affect Subrecipient's ability to perform
the Services.
Subrecipient has examined and is familiar with all conditions, restrictions, reservations,
and ordinances affecting the performance ofthe Services. The Services will in all material respects
conform to and comply with all ofthe requirements ofsaid conditions, restrictions, reservations,
and ordinances and performance of the Services shall conform in all respects with applicable
ordinances and statutes, and shall be in accordance with all requirements of the regulatory
authorities having jurisdiction thereof.
X. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
xI.ECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agteement.
XII. WAIYER
Grantee's failure to act with respect to a breach by Subrecipient does not waive its right to
act with respect to subsequent or similar breaches. The failure of Grantee to exercise or enforce
any right or provision shall not constitute a waiver ofsuch right or provision.
S
2762103 I 858{001
129654751a08/07/19 -15-
B. Correct Information
C. Defaults
E. Compliance
XIII. NONLIABILITY OF OFFI CIALS AIID EMPLOYEES
No member, offrcial, employee, or contractor of Grantee shall be personally liable to
Subrecipient in the event ofany default or breach by Grantee or for any amount which may become
due to Subrecipient or on any obligations under this Agreement. No member, official, employee,
or contractor of Subrecipient shall be personally liable to Grantee in the event of any default or
breach by Subrecipient or for any amount which may become due to Grantee or on any obligations
under this Agreement.
XIV. APPLICABLE I,AW; VENUE
The internal laws of the State of Califomia shall govem the interpretation and enforcement
of this Agreement. All legal actions must be instituted and maintained in the Superior Court of
the County ofRiverside, State of Califomia, or in any other appropriate court in that County.
XV. EXECUTIONIN COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
XVI. NOCONFLICTOFINTEREST
For the term of this Agreement, no member, offrcer, or employee of Grantee, during the
term of his or her service with Grantee, shall have any direct interest in this Agreement, or obtain
any present or anticipated material benefit arising therefrom. In addition, Subrecipient agrees to
file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with
Grantee's Filing Officer if such filing is requted under state law in connection with the
performance of the Services.
XVII. THIRD PARTY BENEFICIARIES
With the exception of the specific provisions set forth in this Agreement, there are no
intended third-party beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
XVIII. ENTIRE AGRXEMENT
This Agreement constitutes the entire agreement between Grantee and Subrecipient for the
use of fi-rnds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between Grantee and
Subrecipient with respect to this Agreement.
2762101 I E5E-0001
12965475.1 fra/O1^9 -16-
ISignatures on following page]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
IGrantee]
By:WJb By:
John
Date:
Ex Director
Walker, Board Chair
\rq L
Armando G. Villa, City Manager
Date:
q-q-L
S A , ciry
\
A
Countersigned:
J
Wendy Preece, Deputy Finance Director
APP AS TO FORM:
City
2?62101 I 858{001
12965415 t a0Etoltlg -17-
ISubtecipient] \
B)A lLt
Q\
EXHIBIT A
SUMMARY OF LEGAL REQUIR-EMENTS
ln addition to the requirements set forth in other provisions ofthe Agreement, Subrecipient
shall comply, and shall cause all Subrecipient's personnel to comply, with the following
regulations and requirements insofar as they are appticablc to the performance ofthe Agreement.l
1. Equal Opportunity and Nondiscrimination.
a. Title VI of the Civil Rights Act of 1964, as amended, including Public
Law EE-352 implemented in 24 C.F.R. Part l. This law provides in part that no person shall, on
the grounds of race, color, or national origin be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving federal
financial assistance. In regard to the sale or lease ofproperty, Subrecipient shall cause or require
a covenant running with the land to be inserted in the deed and leases prohibiting discrimination
under this Title, and providing that Grantee and the United States are beneficiaries of and entitled
to enforce such covenants. Subrecipient shall enforce such covenant and shall not itself so
discriminate.
b. Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as
amended, including Public Law 90-234. The Fair Housing Act provides in part that there shall
be no discrimination in housing practices on the basis of race, color, religion, sex, and national
origin. The Fair Housing Act was amended in 1988 to provide protections from discrimination in
any aspect of the sale or rental ofhousing for families with children and persons with disabilities.
The Fair Housing Act also establishes requirements for the design and construction ofnew rental
or for-sale multi-family housing to ensure a minimum level of accessibility for persons with
disabilities.
c. Section 109 of Title I of the Housing and Community Development Act
of 1974, as amended, including 42 U.S.C.5301 eL seq,, 42 U.S.C. 610l et seq., and 29 U.S.C.
794. This law provides in part that no person on the grounds ofrace, color, national origin, sex,
or religion shall be excluded from participation in, be denied the benefits of, or otherwise be subject
to discrimination under any activity funded in whole or part with funds under this Title.
d. Section 104(b) of Title I of the Housing and Community Development
Act of 1974, as amended, including 42 U.S.C. 5301 et seq. This law provides in part that any
$ant under Section 106 shall be made only if the grantee certifies to the satisfaction of the
Secretary of HUD that the grantee v/ill, among other things, affirmatively further fair housing.
I This exhibit is a list and summary of some of the applicable legal requirements and is not a
complete list of all Subrecipient requirements. The description set forth next to a statute or
regulation is a summary of certain provisions in the statute or regulation and is in no way intended
to be a complete description or sunmary ofthe statute or regulation. In the event ofany conflict
between this summary and the requirements imposed by applicable laws, regulations, and
requirements, the applicable laws, regulations, and requirements shall apply.
EXHIBIT "B''
PAGE I of1327621031E58-0001
12965475.1^08/07/t9
e. Executive Order 11246, as amended. This order includes a requirement
that grantees and subrecipients and their contractors and subcontractors not discriminate against
any employee or applicant for employment because ofrace, color, religion, sex, or national origin.
f. Executive Order I 1063, as amended, including 24 C.F.R. Part 107. This
order and its implementing regulations include requirements that all actions necessary be taken to
prevent discrimination because of race, color, religion, sex, or national origin in the use,
occupancy, sale, leasing, rental, or other disposition of property assisted with Federal loans,
advances, grants, or contributions.
g. Section 504 of the Rehabilitation Act of 1973, as amended. This Act
specifies in part that no otherwise qualihed individual shall solely by reason ofhis or her disability
or handicap be excluded from participation (including employment), denied program benefits, or
subjectcd to discrimination under any program or activity receiving Fedcral assistance.
Subrecipient must ensure that its programs are accessible to and usable bypersons with disabilities.
h. The Americans with Disabilities Act (ADA) of 1990, as amended, This
Act prohibits discrimination on the basis of disability in employment by state and local
governments and in places of public accommodation and commercial facilities. The ADA also
requires that facilities that are newly constructed or altered, by, on behalf of, or for use ofa public
entity, be designed and constructed in a manner that makes the facility readily accessible to and
usable by persons with disabilities. The Act defines the range of conditions that qualifu as
disabilities and the reasonable accommodations that must be made to assure equality of
opportunity, full participation, independent living, and economic self-sufficiency for persons with
disabilities.
i. The Age Discrimination Act of 1975, as amended. This law provides in
part that no person shall be excluded from participation in, be denied program benefits, or
subjected to discrimination on the basis of age under any program or activity receiving federal
assistance.
j. EEO/AA Statement. Subrecipient shall, in all solicitations or
advedisements for employees placed by or on behalf of Subrecipient, state that it is an Equal
Opporttmity or Affrrmative Action employer.
EXHIBIT *A"
PAGE 2 of l3276203 I tJ8{00 r
12965415.1aOUOTng
k. Minority/'Women Business Enterprise. Subrecipient will use its best
efforts to afford small businesses and minority and women-owned business enterprises the
maximum practicable opportunity to participate in the performance of the Agreement. As uscd in
the Agreement, the term "small business" means a business that meets the criteria set forth in
Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women-
owned business enterprise" means a business at least fifty-one percent (51%) owned and controlled
by minority group members or women. For the purpose of this definition, "minority group
members" are Afro-Americans, Spanish-speaking, Spanish-sumamed or Spanish-heritage
Americans, Asian-Americans, and American Indians. Subrecipient may rely on written
representations by businesses regarding their status as minority and female business enterprises in
lieu of an independent investigation.
2. Environmental
a. Air and Water. Subrecipient shall comply with the following regulations
insofar as they apply to the performance of the Agreement: Clean Air Act, 42 U.S.C. 7401, et seq.;
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, l3l8
relating to inspection, monitoring, entry, reports, and information, as well as other requirements
specified in said Section I l4 and Section 308, and all regulations and guidelines issued thereunder;
and the U.S. Environmental Protection regulations pursuant to 40 C.F.R. Part 50, as amended.
b. Flood Disaster Protection Act of 1973. Subrecipient shall assure that for
activities located in an area identified by FEMA as having special flood hazards, flood insurance
under the National Flood lnsurance Program is obtained and maintained.
c. Lead-Based Paint. Subrecipient shall comply with the Lead-Based Paint
Regulations referenced in 24 C.F.R. $ 570.608, including 24 C.F .R. Part 35, et. al.
d. Historic Preservation. Subrecipient shall comply with the hisloric
preservation requirements set forth in the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470) and the procedures set forth in 36 C.F.R. Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties and related laws and Executive
Ordcrs, insofar as they apply to the performance of the Agreement. In general, this requires
concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of
historic properties that are fifty years old or older or that are included on a federal, state, or local
historic property list.
e. Limitation on Activities Pending Clearance. ln accordance with 24
C.F.R. $ 58.22 entitled "Limitations on activities pending clearance, "neither a recipient nor any
participant in the development process, including public or private nonprofit or for-profit entities,
or any of their contractors, may commit HUD assistance under a program listed in 24 C.F.R.
$ 58.1(b) on an activity or project until HUD or the state has approved the recipient's Request for
Release of Funds (RROF) and the related certifications have been approved. Neither a recipient
nor any participant in the development process may commit non-HUD funds or undertake an
activity or project that would have an adverse environmental impact or limit the choice of
reasonable alternatives. Upon completion of env onmental review or receipt of environmental
clearance, Grantee shall notiff Subrecipient. HUD funds shall not be utilized before this
requirement is satisfied. The environmental review or violation of the provisions may result in
approval, modification of cancellation of the City Grant. If a project or activity is exempt under
24 C.F.R. $ 58.34, or is categorically excluded (except in extraordinary circumstances) under 24
C.F.R. $ 58.35(b), no RROF is required and the recipient may undertake the activity immediately
after the Grantee has documented its determination that each activity or project is exempt and
meets the conditions specified for such exemption under this section by issuing a Notice to
Proceed.
3. Uniform Administrative Requirements.
requirements described in 24 C.F.R. I 570.502.
2762103 I 858-000 t
12965415.1sOEtOTt19
The uniform administrative
EX}IIBIT'A''
PAGE 3 of l3
4, Other Program Requirements. Subrecipient shall carry out each activity under
the Agreement in accordance with all applicable federal laws and regulations described in Subpart
K of 24 C.F.R. $ 570 except for Grantee's environmental responsibilities under 24 C.F.R.
$ 570.604 and Grantee's responsibility for initiating the review process under the provisions of24
C.F.R. Part 52.
5. Reversion of Assets. Upon the expiration of the Funding Period or sooner
termination ofthe Agreement, Subrecipient shall transfer to Grantee (a) any and all CDBG Funds,
(b) any accounts receivable attributable to the use of CDBG Funds. In all cases in which
equipment acquired, in whole or in part, with funds under the Agreement is sold, the proceeds shall
be program income (prorated to reflect the extent to that funds received under the Agreement \i/ere
used to acquire the equipment). Equipment not needed by Subrecipient for activities under the
Agreement shall at the election of Grantee either be (a) transferred to Grantee for the CDBG
program, or (b) retained by Subrecipient after compensating Grantee an amount equal to the
current fair market value ofthe equipment less the percentage ofnon-CDBG funds used to acquire
the equipment.
6. Relocation. Grantee shall not be responsible for relocating any occupants from
any property. If required, Subrecipient shall have the sole and exclusive responsibility for
providing relocation assistance and paying all relocation costs required to comply with all
applicable federal and state laws, rules, and regulations, including the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 5 4601 et seq., as
amended, and implementing regulations, and HUD Handbook 1378. Subrecipient shall indemnifu,
defend, and hold Grantee harmless from and against any claims, liabilities, damages, or losses
made against it by tenants or occupants of any property, including without limitation claims for
relocation assistance, inverse condemnation, and claims otherwise arising from any act or omission
of Subrecipient pursuant to the provision ofrelocation assistance.
7. Allowable Costs and Audits. Subrecipient shall comply with and administer the
Program in accordance with the requirements of The Office of Management and Budget
(OMB)"Super Circular" 2 CFR Part 200, which includes the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for federal awards, as applicable.
8. Records and Reports. Subrecipient shall providc to Grantee and shall cause each
of its contractors, subcontractors, and subrecipients to provide to Grantee all records and reports
relating to the Program that may be reasonably requested by Grantee in order to enable it to
perform its record keeping and reporting obligations pursuant to the CDBG Requirements,
including but not limited to those described in the Agreement and 24 C.F.R. $ 570.506.
9. Religious Organizations. If Subrecipient is a religious organization as defined by
the CDBG Requirements, Subrecipient shall comply with all conditions prescribed by HUD for
the use ofCDBC Funds by religious organizations, including the First Amendment ofthe United
States Constitution regarding church/state principles and the applicable constitutional prohibitions
set forth in 24 C.F.R. $ 570.200(i).
EXHIBIT "A''
PAGE 4 of l327621031858-0001
12965415 | rOE/07/19
10. Conflict of Interest. Subrecipient will comply with 24 C.F.R. $$ 84.42, 85.36 and
570.61I regarding the avoidance of conflict of interest, which provisions include (but are not
limited to) the following:
i. Subrecipient shall maintain a written code or standards ofconduct that shall
govern the performance of its officers, employees or agents engaged in the award and
administration of contracts supported by Federal funds.
ii. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by Federal funds ifa
conflict of interest, real or apparent, would be involved.
iii. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBc-assisted activities, or who are in a position to
participate in a decision-making process or gain inside information with regard to such
activities, may obtain a financial interest in any contract, or have a financial interest in any
contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with
respect to the proceeds from the CDBG-assisted activity, either for themselves or those
with whom they have business or immediate family ties, during their tenure or for a period
ofone (1) year thereafter. For purposes ofthis paragraph, a "covered person" includes any
person who is an employee, agent, consultant, officer, or elected or appointed official of
the Grantee, the Subrecipient, or any designated public agency.
ll. Political Activity (24 C.F.R. g 570.207(a)(3)). Subrecipient is prohibited from
using CDBG Funds to finance the use offacilities or equipment for political purposes or to engage
in other partisan political activities, such as sponsoring candidate forums, distributing brochures,
voter transportation. or voter regisrration.
12. Anti-Lobbying Certification. By its execution of the Agreement, Subrecipient
hereby certifies that:
i. No Federal appropriated funds have been paid or will be paid, by or on
behalfof it, to any person for influencing or attempting to influence an officer or employee
ofany agency, a Member ofCongress, an officer or employee ofCongress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification ofany Federal contract, grant, loan, or cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobblng," in accordance with its instructions.
iii. It will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
276201t858-000t
12965415-l a0an7l19
EX}IIBIT'A"
PAGE 5 of l3
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. This certification is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the
required certification shall be subject to a civil penalty ofnot less than $10,000 and not more than
$100,000 for each such failure. At the request of Grantee, Subrecipient shall execute a separate
document that contains the certifications set forth above.
13. Drug-Free Workplace Requirements. Subrecipient shall comply with and be
subject to the requirements of the federal drug-free workplace requirements, which include the
following actions be taken:
i. Publishing a statement notiffing employees that the unlawful manufachrre,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
grantee's workplace and speciffng the actions that will be taken against employees for
violation of such prohibition.
ii. Estabtishing 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 drug counseling,
rehabilitation, and employee assistance programs; and (d) the penalties that may be
imposed upon employees for drug abuse violations occurring in the workplace.
iii. Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by paragraph (i).
iv. Notifuing the employee in the statement required by paragraph (i) that, as a
condition of employment under the grant, the employee will: (a) abide by the terms ofthe
statement; and (b) notify the employer in writing ofhis or her conviction for a violation of
a criminal drug statute occurring in the workplace no later than five (5) calendar days after
such conviction.
v. Notiffing the agency in writing, within ten (10) calendar days after
receiving notice under sub-paragraph (iv)(b) from an employee or otherwise receiving
actual notice of such conviction. Employers of convicted employees must provide notice,
including position title, to every glant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has desigrrated a central point
for the receipt of such notices. Notice shall include the identification number(s) of each
affected grant.
vi. Taking one of the following actions, within thirty (30) calendar days of
receiving notice under subparagraph (iv)(b), with respect to any employee who is so
convicted: (a) taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of 1973,
as amended; or (b) requiring such employee to participate satisfactorily in a drug abuse
EXHIBIT "A"
PAGE 6 of 13
27621031858-0001
12965475.) r0E/07/19
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 dfug-free workplace
through implementation ofparagraphs (i), (ii), (iii), (iv), (v), and (vi).
14. Procurement. Subrecipient will comply with the procurement standards under 24
C.F.R. $ 85.36 for governmental subrecipients and 24 C.F.R. $$ 84.40-84.48 for subrecipients that
are non-profit organizations. Subrecipient shall comply with all existing and future Grantee
policies concerning the purchase of equipment.
15. Labor Provisions.
a. Section 3 of the Housing and Community Development Act of 1968.
Subrecipient shall comply with and cause its contractors and subcontractors to comply with the
requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
$ 1701u), the HUD regulations issued pursuant thereto at 24 C.F.R. Part 135, and any applicable
rules and orders ofHUD issued thereunder. The Section 3 clause, set forth in 24 C.F.R $ 135.38
provides:
iv. The contracto( agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3 clause,
upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part
135. The contractor will not subcontract with any subcontractor where the contractor has
EXHIBIT *A"
PAGE 7 of 13
276210llE5E-0001
12965415.1aOElOTl19
i. The work to be performed under this contract is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
$ 1701u ("Section 3"). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HLJD assistance or HUD-assisted projects covered
by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
ii. The parties to this contract agree to comply with HUD's regulations in 24
C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certiff that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
iii. The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other
understanding ifany, a notice advising the labor organization or workers' representative of
the contractor's commitments under this Section 3 clause, and will post copies ofthe notice
in conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and location
ofthe person(s) taking applications for each ofthe positions; and the anticipated date the
work shall begin.
notice or knowledge that the subcontractor has been found in violation of the regulations
in 24 C.F.R. Part 135.
v. The contractor will certify that any vacant employment positions, including
training positions, that are filled (l) after the contractor is selected but before the contract
is executed, and (2) with persons other than those to whom the regulations of24 C.F.R.
Part 135 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 C.F.R. Part 135.
vi. Noncompliance with HUD's regulations in 24 C.F.R Part 135 may result in
sanctions, termination ofthis contract for default, and debarment or suspension from future
HUD assisted contracts.
Subrecipient shall abide by the Section 3 clause set forth above and will also cause this
Section 3 clause to be inserted in all contracts relating to the Program.
b. Labor Standards. Subrecipient shall comply with the provisions of 24
C.F.R. $ 570.603 and related requirements. Subrecipient shall include in all applicable
construction contracts the provisions offederal law imposing labor standards on federally assisted
contracts. Subrecipient shall comply with the requirements ofthe Secretary ofLabor in accordance
with the Davis-Bacon Act as amended (40 U.S.C. 3141 through 3148), the provisions ofContract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq- and implementing regulations), the
Copeland Anti-Kick Back Act (40 U.S.C. 276c and l8 U.S.C. 874 et seq.), the implementing
regulations of the U.S. Dcpartment of Labor including 29 C.F.R. Parts l, 3, 5, 6 and 7, and all
other applicable Federal, state and local laws and regulations pertaining to labor standards insofar
as those acts apply to the performance of the Agreement. Subrecipient shall maintain
documentation that demonstrates compliance with these provisions and such documentation shall
be made available to Grantee and HUD for review upon request. Subrecipient shall cause or
require to be inserted in full, in all such contracts subject to such regulations, provisions meeting
the requirements of this paragraph.
c. HUD Form 4010. Subrecipient shall comply and cause Subrecipient
Personnel to comply with the provisions ofHUD Form 4010 attached hereto. HUD Form 4010
must be included in the bid packet and construction contract and subcontracts for the Program.
EXHIBIT "A''
PAGE 8 of l3276210ll85E-0001
t2965475 I aO8/O7l19
Frdcral Labor Standards Provisions U.s. orpanmant of !lousing
and Urban Oevelopm!nl
Otice of Labor Relalions
Appllcabllily
Tho Protecl or Program to wnlch the consirualron work
corered by this conlracl DErlaans rs b€rng :ssiglgd by lne
Linjted Statos of Amerlca and lho lollowing Fedgral Labor
Standaros Prorigrons are Inctuded jn thrs Contracr
ou6uant to lhe 9rovlsrons aoplcable lo such Fedsral
aSslslance.
A. 1. (i) Uinimum lvagea. All laborers and ftechanics
employed or worklng upon lio srte of rho *orl, wlll bo pald
uncondhronally and rot le3! olien than once a wael, and
wilhoul Suosequent deCuction or t€ba:€ on eny account
le)icept such payrolr deductjons as are pernnlled by
regulalrons rssued by lhe sacret.ry ol Labor under lie
Cop€land Act (29 CFR Pan 3] lhe f\rlr amo!^t ot wagos
and hona lide lnnge benefli! (or ca3h equivar€nls thereot)
due a! trr'le ot paymsnt rompuled at rates not less than
lhos€ conlaln6d in the wag€ dstermrnatron ol th6
Secrgtary ol Labor which 13 alached hototo ano made a
Da( horeol, roqardless ot any contraatuat relalronshrp
whrch ma/ be allsggd Io ersi belo6€n lho aonllactor aod
such laborers and mechanrcS. Conttlbutlons made or
aosls rea3onahly anlrclparod lor bona lide t n9o benallts
undgr Seatro,l l(bx2) ol th6 Davrs.gacon Act on behall of
labolers or m€chinics are consldorod wages pald 10 suah
lallorers or mochanics lub/€ct to ths provrgions or 29 CFR
55(a)(lXrv)t elro, reg!lar conlnbutlons made or cosls
rncurred for moro than a weskly perlod (bul not r€ss orren
than quarl6rly) undsr Dlans, tonds, or programs which
cover lhe perlrculat vreekly 9eriod. ate deemed lo ba
ronslrucllvely nlado ofuncurr8d durlng such w6€kly perlod
Si./ch laborer3 and nechanrcs ghall be pald the approprate
wa96 rala and lrlnge bonot!:s on lie wag€ dotorminatlon
lor lh€ classilicalron of $/oti( aclually perfotmed, wlihout
re9ard lo skill, e!ce9l a3 provlded In 29 cFR 5 51a)(,1)
Laborats oa mechanlcs p€rlorming worl ln more than one
cllssificarron may b€ conrpen3ated at lhe rate specilied lor
each alassitiaatron lor the i,me acluarly worked lierein
Provrded, Thal tie omproyeas payroll records accurately
sel todh lne lrme 3pen1 ,n each alassrliaalron in {rhrch
work rs oedormed Tho wage dei€rmlnallon (lnaludrnq any
additional clargilication and vvage rate3 conformed under
2S CFR 5 5(a)(1)(r) and lne Osers-8acon poslsr (J!H,
1321) shall be Dosted ai alr tlmes by rhe conlraclor and lts
subconlractors al lhe srte ol lhe *ork rn a grominenl a6d
acaegsiblg ohcs whero lt can be oasrly segn by tn6
lll) la) Any class ol l:borer3 or mecnanlcs whlcn rs not
lrlled ln the x,a9a determrnatlon and *hrch rs to be
employeO undgr lhe conirect thall be cla3srlied rn
conlormance s,lll1 ihe wage deletmrnatton HUD shall
approve an addrtronal clas6ltlcalion and wale rale and
lringe benelits lheaelor only when rhe tollo$tn9 crirefia
(ll The work to De perlormBd by the classificeiron
requesled is not perlormed by a classilicalion rn lhe wage
determrnalron: and
12) Tne classilication is ulilr:ed rn lhe area by the
construciion rncus$y, and
l3l The proposed *age rals. lncludln9 any bona ide
frlnC6 benetrts, Doars e reasonalrte.elationshlp to the
wege rales conlained tn lne sage dete(niflallon
(b) ll tne contraclor and the laboreB ano mechanic3lo be
emoloyed in lhe classrfrcatlon (jf known)- ot lhe]l
retresentalrres and HUD or ils d€srgnee egre6 on lhe
classilicalion enC *eqe rate (ancludrn9 the amount
deslgnaled tor tringe benelits wh€re approorlato). a reqort
ot lhe.ction talen shall be sent lry HUo or its designes ro
the Admrnrslrator ot lhe l/\age aod Hour Oivrsion,
Emptoymenl Standards Aominlslratlon. U S. Dopa(m€nt ol
Labor Washhgton D C. 20210. The Admloistrator, or an
auihoflted represenlalive, wrll a9ptove, modrty. ot
drsapprove every addltrooal clas3rficalloa acllon wilhin 30
days of recsipr and so advise HUD or iis design€o or rlll
notrfy HUO or rls desrgn€e y.lthrn the 30-dey gerlod lhal
edd(ronel trms is necegsary. (Ag9roled by tne Ofltcs of
Maoagement and gud9el under OMB contror number 1215-
0r40 )
(c) ln lhe evenl the conrractor. the lalroters or mochanrca
lo be employed :n the classilication or liell
reoresentatrves. and HUD or rls designes do not agree on
!he proposed classiication and waoe rale trncludino the
amount dsslgnatsd for lrlnge benalit9. wh€rB aporoDrlale),
HUo or its desrgnee shall r€fer the queslion3 includrng
lne viers of all rnl€resled !arlres and lhe tocomolendatron
ol HUD or lts desrgnoe. lo lhe Adnrlnrstrator tor
determraatron. The Adriinlstraior or a4 authorlasd
reoresenlatrve, *ill rssue a determrnatron \fi!htn 30 days ol
receipt and so advi3e HUo or rls designee or will notily
HUO or ns desrgnee within the 30-day p€riod rnat
edd,lronrl ums rs necessa./. lApproved by the Oflc€ ol
Manaqement and Budgei under OMB Control Number
1215-0140 I
Id) The *age rate (includrng lrifige befieits where
:opropriate) detarmined pursuant to gubpalagtaphs
(ll(iillb) or (c) ol thrs garagreon, 3harl be paid to alr
worlers perlorminq *o in the classiflc:tron undgr lhrs
conlracl lrom the litst day on which *ork rs gerlormed ln
lhe alassrlrcalion
laii) l\rnenever lne mrnrmum wag€ rate prescnbecl In the
conlract for e class ol laSorers or mechanlcs lncludes a
lfinqe benefil $nich ag not erpre33ed as en hourly raie tha
conlractor shrlr e'tner pay lhe bonetlt as statsd ln lhe
*age delermrnalrofl or shall pay another Do^a tade tringe
benelrt or an hourly cash equivalenl thereot.
liv) lf the coniraclor does not male paymenig to e trusl6e
or oiier thrrd person. lhe contracior may consrdet as pan
Paqe 1 a, !Ic(m HUD-40'|0 i0d2c{9)
rcl Hutdh4r 13.tr. r
EXHIBIT "A"
PAGE 9 of 13
2?lt2l011358-00{)1
12965475.'l a0E/O7l19
of lhe wages ol any laborer or mechanrc the amount ot zny
cosls realonably aniicrpaled ln Drovrdrno bona tde fringo
beflof(s und€r a Dl3n or Drogren. Provided That rho
Secretary ot Labor has lound, u9on lhe wnttan request ot
the aonlractor, that ths ao9llaabl9 standards ol lhe Oavi5-
Bacon Acl heve been met. The Secrelary ol Labor may
requlre lie conraclor lo set asrde in a SeDarale account
asse:3 tor lhe oeotrng of oolgairons undsr the olan or
proqram (Approyao by rh6 Ofli.e ot Managemenl and
Bud0er under OMB Conlrol Nunlber 1215'0r40 )
2. U,llhholdlno, liUO or lts deslgnee shatr u9on ,ls own
aclaon or upon tllrltlen roquest ol an eulhorlzed
represenlairva ol lno oeparlmen: ot Labor wilnhold or
cause to be wilhheld lrom the con!raclor under lhit
conlract or eny other F€6oral coolracl wiln lh6 sam6 9nme
conltaclor, ot any oth6r Fedoaally-assrSted contrac!
subioct to Oavrs-Bacon 9rsvalllno wago roqurrBmenls.
which ls lJeld by lhe lame prime contraclor so much of ths
acarued paynenls o. advances as may be consloefed
necessary l0 Day laborers and mechanlcs, rnaludlng
approntlces halneos and helpers omployed by lno
conlractor or any subronlractor the lull emounl o, wages
requlred by lh€ conltacl ln lhe evenl ot leilure lo pay any
laborer or mochanrc, rncluding any appronllce trernoE or
hslpet. emlloyad or wolhng on the Srte of lhg work all or
par! ot the oaoss requlrod by lhe conlract, HI.JD or ils
desrgnoo may, attBI wartlgn notrcg to tng contraclor.
sponsor. applicanl, or o,,yn€r, take such ection as may b€
nscegSary lo cau!o lhe 6u3p6nslon ol any lurth6r
paym6nt, advance, or 9uarantoe ot lunds unhl Such
violatlons haye csa3ed HU0 or lts 6asl9nee may eltor
wtl!tsn nollce to lhg contraalor dl6butge Such amounls
vrilhh€ld lor end on accoun! o, lhe contfaclor or
suhconlracto, to lhe re9pectrve amplor€gs lo shonr ihey
ar€ oue The cornptroller General 3hall mahe such
disDu13emeni3 in lhg caSo ol drect Davrs-gicon Act
coniracts
3. la) Payaoll3 and b!3lc racoad!. Payrolls ano basia
record3 relatin0 !h€teto shall bg nrarn!eined by lh6
conlraclor durinq the aoursa ot lhe yvorl pr€s€rved lor t
perio0 of three y6ars thereatlor lor all laborers and
mech:nic3 $_orkrng al the 3ila oI the f,ork such records
Shall conlarn lna name address and 3ocial seaurily
number of eaah such r*orlgr, his or her corecl
classifrcatron noutty raieg ol w39es paid (including rales
o, conlfibutions or cosls anlrcrpaleo lor bona ide fringe
benefilS or cash 6quivalentg lheraol ol the typ6s descflbed
ro se.rlon l(D)(2)(B) ol lhe Davrs-bacon Acri dally and
seekly numbor ot hours rllorled. deducnons made and
aclual wages pard llhen€yer lhe Secralary ot Lebor has
iound 0nder 2e, cFR 5 5 (.1(l)(i!) that lie *a!es of rn!
labor0r or macienrc rnclud0 th6 afiounl ol any cost!
reasonably antlopated ,n provrd'n9 bonaf{ls undar a plan
or program dsscnbed ln soctlon lilr)(2xB) ol lhe oavls-
Bacon Act. lne contraclor sharl maintaln records whrch
show thai the coma'rltmen: to orovlde such benelrts is
enlorceable, that the plan or 9ro9aam la lrnanclally
r*ponsibl€. and lhat ln€ plan or program has be€n
aommunicaled tn $riting lo lhe labor€rs or m€cnania9
a(ected. and recor(,s whrah show the aosls antlciDated or
th€ act!al cost incurreo rn ptoviding sucn benelrts.
Conlraclors employing apprentrces or lrainees under
a9proeed 9rograms shall marntarn wrinen evidsnca ol the
regi3trelron ot apprenirceshlg !rograms and ce(llrcation ol
lralnee lrooram9, tie regrslrstion ol llre aDpr6nlrcgS and
lrainees, and tie ratios ano wage rates prelctlbed in the
applicabr. grograms. (Approved by tho olllce of
Management end Budget under OMB Conlrol NumDers
1215-014C and 12'15-0017.)
{ill {al The contractor shall suDnlt weekry lor eaci weel
in whlch any conlract *orl is perlormed a copy ol all
payrolls to Hl.lD or its d€signee lt lhe agency 13 a pa y to
1ne coniract bul rf the agency rs nol such a pany the
contraclor Nrrll submil lhe payrolls to the agpllcanl
sponsor, or o*ner, as tha case m3y Dg, lor tfensmlSsron to
HLID or its desrqnee The peyrolls submltt€d shall set oul
lccurately and co pletely all ot lhe rnlormatlon reQurrso
1o bs maintaiDed under 29 CFR 5 5laX3)ir) erc€pl that full
social security numbers rnd homs addresses 3hall not be
included on p6elly lransmittals lf,stead lhs payrolls 3hall
only need lo lnclude an lndivrclually rdentllylnt numbor lor
each employee (e g lhe lasr lour dlglts of lh6 €mployeo I
30cral securlly numberl. Tho r6qul16d we6try 9ay.orl
rnformalron ilay be submllted in any lom dEirred.
Optional Form WH-347 is eyailabl€ for lhrs purpose honl
ths Wage and Hour Drvrslon 'reu git€ al
@o.(s
soccessol s(e The plme conlraclor is resDonsilrle lot
tho submissron ol copr€s ol payrolls by all gubconltaclots.
conlreclors and 3ubconlractors shall mainlaln th0 trrll
socrar securily number and currsnl address ol each
covered worhei, and Shall 9rovrde lhenr upon requesl to
Hl.rD or its designee il the agency is a Dariy lo lhe
contract, bul il lho a9€ncy rs not slJch 3 Darty, lho
contractor arll submrt lhe payrollS to the applicanl
sponsor. of owner. as ile case may be. fo. lransnri3sron lo
HliD or ris d€signee tne contraalor, or lne wage and Hour
gryrsron ol the oepanmenl ot Labor lor 9ltrgoses ol on
rnveslrgalron or audll ol comDlrance aiih p19!ailln9 *age
requrremenls ll is nol a violalron ol ih's suboaraoraph lor
a orime conlraclor to require a Subconlracior lo Drovrde
addresses and socrat secufily nurxDgrs to tne priote
aoalraator foa rts own record9 wrthout *eehly Submlsson
lo HUD or ats desrgnee (ApDroved by the offlce ol
Menagemenl an4 Bsclgei u.der OMB Control Number
1215-0149.)
lb) Each payroll submitied sh3ll be accoflrpanled by a
"Statemen! of Complance.' srgned by lhe coniractor or
suSconlractor or hr3 or her agenl *ho pays or gupervi3ei
rhe payment ol the persons emplo/ad lnder the conlract
and sharl cently lhe tollowlnq
ll) That lhe payrotl for the payrolr Deriod conta,n3 the
rnlormalon required to be provlded under 29 CFR 5 5
(a){3)tri) rh€ eppropriaie lnforma:ron is belng malntain€0
ullder 29 CFR 55(aX3r(ii. and lhal such Infor.iatron rs
aorrocl and cofiplgl€-
loo$ HUO-|fi0 (mr'20091
el Ha1dbool 1341 1PW2d,.
EXHIBIT "A"
PAGE 10 of 13
27621011858-0001
t2965475.t
^08/07/19
(2) Ttal each lalrorer o. mechanrc (rncludi09 €ach helper.
aporenlice. and lrainee) employed on lhe conlracl dunng
tne gayroll period has been 0ard lne full weekly wa00s
earned, withoul rellate. eiiher drrectly or indrrec:iy and
that no deduclrons have been msde eilher directly o.
rndirecily lrom the lull wages earned, olher than
DermrssrBle deduclions as sel forlh ln 29 cFR Part 3
(3) That €ach lallorer or mecianic has been oaid no: tess
than the apptlcable wag8 ral€s and frlnge b€aefils or cash
equivelents for ihe classification ol work perlorored as
specrlied rn lhe aprlrcable ,xage determineilon
incorporaled into lhe con?racl
{cl The vreekl} submission ol a Dropsrly eteculed
cerlificalron sel forth on tie re'yerse side of Ootronar Form
vlH-347 shall satlsty lhe requifefient lor sulrnligsion ol rhe
'Sialenrenl of Conrplrance" r€quired by suDpsraEraoh
A 3 iii)(bj
{dl The lalsrlrcalon of any of the above cerlifications may
sublec: llre contraaior or subcontraclor lo civrl o, clamrnal
oro3eclrlron under seclion 100, ot Tiile 18 and seclion
231 ol Trlle 31 ot the Unrred Staies Code.
liii) The coniraclor or subcoirtraclor shall nrake lhe
aecords required unOer sobparaqrapi A 3 (ri avarlable tot
rns9eruon copyrng, or lranscrirlron by authonzed
represenla:rves ol HiJD or its d6stgn6e or lhe oepartment
of La5or. and shall psrnnl such represeniatrv€s to
rnigrview employees durrng workin0 hours on the lob. ll
the conlraclor or suDcofltrecior larls to submit lhe required
records or to nrJhe them avallsble, l](JD or rts designee
mar, arler wnllen rro:rce to ihe contraclor, sponsoa.
ap9lcant or o*ner, take such aclron as nray be necessafy
t0 tause the suspensron ot ary lurlher paymeni, advance
or guaranlee ol lunds Furthermore, lall.,re io submil iie
required records upon requesi or to mahe such records
nva lable rray be 9rolrods lor debarnrent aclion pursuaflt 1o
29 CFR 5 12.
4. Apprenlice! and Trainees,
(l) ADprenlices, Atpreltlicas wrll bs perrlrrted to work al
less lhan !he oredelermifled faie lor ths vork lney
perlormed when they are enrloyed pursuant lo and
rndividually regislered in a bona lide apprentlceship
orocram registereC Bilh the U.S. Depa nrent of Labor
Ernploymen: and Tralnrng Adnrinlstralion, Office of
Apprsfilrceship Training Employer 3od Lebor Services or
wiih a Srale App.enlic€shrp A!6ncy rocogni:e4 by ihe
Oflice or !l a person rs emplo/ed in hls or her f.rst 90
days ol proDalionary emDloym6nt es an apprenlice ln s!ch
an apprenlrceship progranr, wno rs not indtvicually
regrstered in lne prolran) bul who has been certtfled by
the Office ol ApprenliceshiF Training, Emoloy€r aid Labo.
Servrc6s or a SlalB Appren!cBshi! Agency (wher€
apDroprlatsl to lle aliqible lor probetronary emp oym€nt as
an apprentrce. The ailourable ratio of apprentices to
JOUrneymen Dn lhe lob siie tn any c.af: ciasstfraaiion shall
nol b€ qrealer than lhe ratio 9erni:ted !o the conlractor as
to the entrre rori lorce under lh€ registerod 9rogram. Any
sorl(ar listod on a payrolt et an appraolice vyage rate, who
rs nol regis:ered or olherwise eraployed as slated a5ove,
shall be paiC nol less lian lie appaicable waqe rete on lhe
rvage deterfiinatron ror lhe classilrcatron of rvorh sclually
perfor,ned ln addiion, any apprenlice Deflor ing work on
lhe job srte rn erc€ss of the ratro p€rmitted under lhe
reglslered Drogram shall be oaid not less than the
spplicable r'iaqe rate on tie raqe deternrlnation lor lhe
lfoll( actually pe otmed w,1eae a conlracior ls perrotmrnq
coostruciion ofl a pfoje(t ln a locality oiher than lnat in
whicli its program is regrstered. the ralios and wage rales
(erpressed rn peraentages of lhe iournernr!n s llourly
r3l€) specrtre6 rn tne conlractor's or 3ubconiraclof s
reQlstered proortnt shrlr be observed Every apprentice
mus: he paid al not less than lhe tate spe tred in the
reglslered program for lne apprenlrce s levol of progress,
erpressed as a pefcentage of the loijrneynien iourly rate
speclfied rn ihe applceble wage determrnation.
Apprsntices shrll l)€ pald lrlnqe benefits ln accordance
lrlih th€ proerslons oI lhe aDprenlceshlo lroqrarn ll lhe
appientiaeship program do6s nol specity lrro!e benelils,
apprentices must be paid the lull amou'lt ol lfinge benefits
llsted on lhe y/age determinallon tor ihe apptrcable
classilicaton ll the Administralor delermines tiat a
drlrereit practice pre!arls ior thB applrcabie apprentice
classilicalion, [ringos shall be paid rn accordancp sith thal
determrnalion. ln ths evenl lhe Office of Apprenlicesnip
Trarninq. Employer and LaDor Servrces. or a Sta:e
Appr€ntlceshrp Agency recognizod bt/ the Oftice,
rilhdraws approval of an apprenticeship program, lhe
cortriclor wrll no longer be permilled to u:llire
aoprenliaes at less lhan the applicable predslermined raie
for !ne worl perlormeo untit an acaeDlable program rs
aoprov€d.
(ii) Trainess. :tcepl as provided rn 29 CFR 5.16.
l.ainee9 will &ol lre oerfltlted to q,orh ai tess lhan the
9redelermrned rate tor the l/0rk peformed u0less ihsy a.e
enrtloyed pursuant ,to and indryidually regsleaed in a
grograrr whrch has receivec pflor spproval evrdenced 0y
formal certrfrcalron lry the U-S Depanment of Labor
Employnlenl and Training Admrnlstration The ralro of
ifainees to lourneynlen on lhe job sile shall no! be lreater$an p8rmilted under the plan apFrored by lhe
Enrploynrent and Traininq Admrnrstralion. Eyery traifiee
mus: be paid al not less than the rate specltred in the
approved pro9ram tor th€ laalnee's le!el ol prcaaess,
er9ressed as a peaaentage ol the lourneyman hourly rate
specirled rn the aptrlrcable wa9e d€ternrination Trainees
sh3lr be paid lnnge benefrls rn accordancg ,lr/i:h the
provisrons of lhe trarnee progran. li the lrarnee Drogranr
does ool mentlon lringe benef(s, trarnees st,all be paid
the tutl amounl ol lllnqe benellts llsled on lne *aoe
delermrnalion unless the Admroislrator ol lhe Wage and
Hour Division O€termines tial there ls afl apprentrceship
9ro9ran essoclated ! ain tie correspondrn9 iourneyman
waqe rale on lhe wage deiernrinalion which provides tcr
lesS than tu!l frlnoe benoliis fot a0!renrlces Any
omDlorge lrsled on lhe oaytoll ai a lraioee rate 9{hc is nol
reqlstereC and Dartiarp3ting ln a traininC plan acpro!ed lry
P_+r i.i.i g,t t:r:.lreolrsr P:a ffitnUormlOl6rZms)
.61 FanShaOl 114:l IPrge 3 ot 5
EXHIBIT "A"
PAGE 11of132?621011858-000t
129654'75.1d08/011t9
the Ernployment and Training Adminislralon shall be paid
nol less lhao the appllcable $/age rate on the waoa
delermlnellon lor lhe work aclually D6rlornred. ln addlion.
any trainea pertorming wotl on the job site in exces! ol
lhe ralro permitled under li€ registered progr3rl shall be
oard not less than 1n€ applicable yvagB rato on th€ wa96
ool8rnrioation [ot the worl aclually perlormec, ln lhe
event the Employfient and Trarnrnq Admrnrslrallon
whhdtarvs approval ot a lrarnrng program, the conllactor
wrll no longer be permltleo to ulrlize trarnees at less thafl
lhe applicable predetermrned rat€ lor rhe worh Derformed
uolil an acc€plable progtanr ls approved
liii) Equ.l employment oDportunity. The utrlzalion of
aporentlces trarnees and lourneymen under 29 CFR Pa( 5
snall be in conformity with the equal employmenl
opDonunity 16quitemonls ol Execul!v6 ordea 11245 as
amended. and 29 CFR Parl 30.
5. Compliance wlth Copoland Acl .equlrem6nl3. Tno
aonlraator 3halr coflply wllh lhe requirecrents ol 29 cFR
Part 3 which are rncorporated by telerence jr inis conlract
6. Subcoalract3. Th! conlractor or subcon:raclor *rll
rnsen rn any subconlracls lhe clauses contained rn
sulrparagraphs 1 lhrough 11 rn thls taragraph A and such
other clauses es FUD or (! desrgnee may by eppropiata
rnslruclions requlae and a copy ol the appllcabl6
or€varling wage decl3,o6 and also a clause requlnno the
subcontraalors to rnclude ihese claus€s rn any lo*er lier
s0hconl.acts. The Drime contfactor shall be responslbl6
lor ine compliance by any 9uhconrractor or lower I6r
slJlrcontractol wlih all the conltacl clausea ln lhls
Daragraph
7. Contaact lermination: doborment, A llaeach of thq
con:ract cleuses rn 29 CFR 5 5 nray be grounds for
terminaiion ol lhe conracl and tor debarment as a
conlrector and a subconlraclor as Dlovided rn 29 cFR
5't2
8. Co.rDlinice wifi O{vi!8roo and Rohted Art Requrement!.
All rulrngs and rnterprelatlons ol !he Davis-Bacon and
Retat€d Acts conlalnad in 29 CFR Parts l.3, and 5 are
trereln tncorForaled Dy telorencg ln tnlS aontrect
9, Disputer concetlin0 labor ttrndards. Dispul€9
arlsrng out ol ti6 labot giandards Dro!rslons ol thls
(ontracl shall not De sul)l9ct to tha genera{ drsputo3
clause oI lhis conltacl. suclt drspules snall be resolr-ad rn
accordance si:h lhe otoced!res of the Depanmenl ol
Labor ser lofli rn 29 cFR Pans 5, 6. and 7 Drsp$t€s
airhrn the meaoing o, thls clause include disputes Detween
iha contractor (ot any oi rl3 subconlraclors) ,nd iil,o or
ils destgnee, tne u s Departmenl of Labor. or lhe
employees or therr repleseniatrves
'10. {il Cerlilicotion ot Ellglbilily. Ey entenng inlo rhls
coniract lhe contractol ceri fies thal narther rl lnor he o.
siei nor any person ot lrn $ho nas an rn:eret! ln lno
contractor s frrm rs a pel9on oI firm rnelgrble to b0
awarded Governmenl conttacts by vrrtue ol seation 3ta)ot
lhe oavis-Baco. Acr or 29 CFR 5.121a)(1) or:o b6
a*arded HUD contraclg or partlcrpata rn HUO program3
Durtuanr to 24 CFR Perl 21
{ll} No Da.r ol this conlract shall be lubconkacted to any
person of tirm lneliglbl€ for awatd ol a Governmenl
aonlract by vlrtue of ssallon 3(a) ol the Davrs-Bacon Acl
or 29 CFR 5.12(a)(l) or lo Do awardgd HUo contract3 or
gartcipate rn HUo progfams pursuant to 24 cFR Pa( 24
lill) The pon:lty tor makrng lalsa statomonls ls prescrlbed
rn the t.S. Crimrnal Code. 18 U.S C. 100'1. Addllronally.
u.s. crlminal coale, soction I 01 0. Trl16 '18, u.s.c.,
'FeOeral Housinq Administaalron ltansactlonS' prorrdes in
Da "whoever. for the purgose ol inlluenong rn any
way lh€ action ol suci Admlnlslratlon. .. makes, utters or
publlsh€3 any stalemenl lnof,ing tie lafie lo be fal3e. ..
shall be tined not more lian 35,000 oI i prrsooed not
more lhan two years. or bolh'
I l, Complaint!, Proc.odlnoa, or Te6tlmony by
Emrloyess. No laborer or mechanlc lo whom the waoe,
salary, or other lrbor slendardS ptovlsrons of thts conlract
ere applrcable shall bg dl3charged or rn any otha. mannor
drsctlmrnated agarnst by lh6 Contlaclor or any
!ubconlractor because 3uch em9loyes has Iiled eny
complalnt or instltutod or aaused lo be lnsltluteo any
proceeding or h.s testllled or as about lo testify in any
proceeding under or retallng lo lhe labor slandard'
aopllcable und6r this conlract to hl3 empl0y6r.
B. Contrnct wdt llDrra lnd Sdoty Sinldard3 A.t The
p.oy6hrE of tlrs pf{r+rr B arB apdlcade sllere nc anEut aa lhe
loms coolracl erce€G s1m.0m, A3 [8€d in [is 93.a!r4h, the
t6lfis 1aborcrg'an<, tiedlai.3' l^clude walcnmen and quards
(ll Overtimo r€quirem€ni3. No conlraator or glbconlraclor
ao.traaitfB fa, -y paf! of oE cdrtacl u/ort wtlch may reqrire or
mvolve he €orBoynent ca hb(.eB 0r moaher€ shdl reqrie s
,anrlt iny $rch laro6 o, nreciadc 11 ary rc ,,,E€k
'n ltcrl UE
irElddd ls e,rpbi/e{, on socn $dt tc vori rn oxces ol40 lDirs ln
sucfi ysl(rEel ure3s $tdl laioalI oa riEcharc rcceves
cqlIerEdbo at a r3b (u l€as fian o€ ,rd dle-hglf lrnes the b6lc
rre a, pay lbf nqrs u t€d ln erceas ar 40 nous h ruch
(21 vaol.lion: li.bilily lor unpald wagos; liquid.led
damaoe3. tn lhe eyent o, eny vlolalron ot tie clause sel
lo h rn subDaragraDh (1) ol rhls 9aragraph. the contraclor
and any Bubiontrsctor r9sponslblo lharolor shall be lieble
lor lhe ungard wages ln addrlron, sl]ch conlraclor and
subcolllraclor shall be llaDle lo lhe Unlled Slales (in the
aa!o ol work done under contleal lot the Dlstricl o,
Columbra or a lernioty, to suah Dislfict or lo such
terfirory), lor liquldatod damages such lrquldatod
dam.0es shall be compuled wlth re3peat lo each lndividual
laborer ol nechanra rncludlng watchmen and 9uards,
€mployed in vrolatlon ol lhe cleuse sel lonh ln
srJbparagraph ll) ol thig paregraph, lntlEeuno(310lc.each
.aeffb cby ql {rrich s{an hdv|dd wa3 llq,red s pe.mited to
lioat in ercass ol the slzdad ,,!,!(irlee* ol 40 hours $roEd paFnent
d tle o!/erltme mqEs requraed by the clause sel lodh rn sub
paraqra9h {1) ol tnis paragraph
Page ,l of !
EXHIBIT "A"
PAGE 12 of 13
rorm HUD-4Ol0 i06i2c{9)
rel Fai{boolt 1344 1
2?621011858-0001
12965415.1no8/01/19
(3) Withholdin0 tor unp.id w.Oe! .nd alquid.led
dama003. HUD or ll9 designes shall upon ils own aciion
ot upon wi:ten tequegt ol an aulnolzed repr63enlalrvo ol
lhe Oeparlment 0t Labor wlthholc or cause lo b€ wrtnheld
trom any moneys payable on accounl ot worl perlormed by
the contractor or 9ubcontractor under any such aonlract or
any olher Federal conlaacl wilh lh€ seme 9(me conlfact,
or any oiher Federally-asslltad conracl 9rrSiect to tne
Conlracl Worl Houas and Salety Sienoards Acl which as
h€ld by the same prlme conttaclot such soiis as nlry De
detsrmlne0 lo ba necegsary lo sairsly any Labilrlres ol
such contraclor or subcontraclor tor unpard *ages ancl
lreuidatod oaniages as orovidsd ln lhe clause set lonh rn
!ubDaragraDh i2) ot ihrs paragraDh
l/a) Subcontracls. The conraclor or gubconlractor 5hall
rnserl an any subaontraals the claugas 361 torlh ro
subparagraph (1) through 14) of this paragraph and also a
cleirse requirln9 the 3ubconiractors lo lnalude these
clauses rn any lo*et lror lubconlracig The pftme
conlraclor shall be r6spon!able for compliance by any
s!Dcontaactor ot lowot tret sulrconttactot wlth the clauses
set lorlh in suhparagraphs (1t throuoh {t) ot thls
0arao.aph.
C. Heallh ond Sstcly. The ptoviions oa thb p*agr4h C ae
apphaiNe *iele the a'dolrl d $€ l,nE coitncl eraeds S1m.0m
(l) No laborer or mechanic shall bo requfed 1o worl in
surroundrngs or under worllng condrlrons whrch aro
un3anrtary hizardous, Or dangerous lo hrs healih and
salely as detotmrnSd under consructlon safeiy and h6alih
standa.ds promul9al6d by th€ Searelary of Labor by
regulatron.
l2) The Coniraator shall cor,rgly wllh all rogutation!
rssued by the Searotary ol Latjor gursuanl lo Tlile 29 Part
1926 and tarlure to comply may result ln lmposlllon ol
sanctrons puBUanl lo the conract fi_ork Hours and salely
slandard3 Act. (Puhllc L.w 9r-5,1 83 srat 96) 4!-Llsc
3701 et seo.
(3) The conkactor shall rnalude lhe provrsions ol lnis
paragraph in every sul)conracl so that sucn provisions will
D€ bindrng on each subconlraclor. The contractor shall
tehe such acfaon wrti re306ct lo any lubconlfaclor a! the
Secrelary ol Houglng and lJrban D€velopment or tne
Se.relary ol Lrbor shall 6rrect as a meens of enforcing
such Drovisrons
Prqp 5 of 5
EXHIBIT "A"
PAGE 13 of 13
acrmr HUO-{{)10 (062019,
rel Fanohmli 114.,1 I
2762l0lt E5E-0001
129654151 LI\A|O7i9
EXHIBIT B
SUBAWARD IDENTIFICATION NOTICE
EXHIBIT'B"
PAGE I of3276201 I E5E{00I
12965475.t &a/07t9
ffi
ll.
Itt.
tv.
vt.
vii.
vllt,
MENIFEE
City of Menifee
Finance Department
Federal Award ldentification Notice
Subrecipient Name: Boys & Girls Club of Menifee Valley
Subrecipient's Unique Entity ldentifier (DUNS): 34778779
Federal Award ldentification Number (FAlNl: B-19-Mc-06-0604
Federal Award Date: July 1, 2019
Subaward Period of Performance: July 1, 2019 through June 30, 2020
Amount of Federal Funds (S) Obligated by this action by the pass through entity to
the to the subrecipient: $10,000
Total Amount of Federal Funds obligated to the subrecipient by the pass-throuBh
entity including the current obligation: S10,000
Total Amount of Federal Award committed to the subrecipient by the pass through
entity:510,000
Federal Award proiect description, as required to be responsive to the Federal
Fundint Accountability and Transparency Act (FfATAl:
Community Development Block Grant Program (CDBG) Entitlement (CFDA #14-218)
City of Menifee CDBG Public Services. Specifically this program/project will entail the:
Scholarships for programs and services to low moderate income ("LMl") persons,
including, but not limited to: Before and After School Program which provides
transportation for enrolled youth to and from school ("Services"). Working parents
can drop off their children at the Boys and Girls Club prior to commuting to work.
Through the program, the children are transported to school by a licensed, certified
individual. Children are provided a healthy snack and beverages and then participate
EXHIBIT *B''
PAGE 2 of3
tx.
2752101 I E 18-0001
12965415 I coE/o1ltg
x.
in the "Power Hour" homework and tutoring program. Services will be provided to at
least Two Hundred Twenty Five (225) Low and Moderate lncome ("LMl") persons.
Name ofthe Federal Awarding agency, pass through entity, and contact information
for the awarding official of the Pass through entity:
Federal Awarding Agency - U.S. Department of Housing & Urban Development (HUD)
Pass through Entity: City of Menifee, CA
Awarding Official: Armando Villa, City Manager
Phone: (951) 672-6777
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 of3
xt.
xn.
xIt.
2?6210ll85E-0001
I2965475.1aO8/07t|9
CFDA Number and Name: 14.218 (Community Development Block Grant/Entitlement
Grants