2019/07/01 Assistance League of Temecula Valley CDBG - Operation School BellCOMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN
CITY OF MENIFEE
AND
ASSISTANCE LEAGUE OF TEMECULA VALLEY
FOR
PUBLIC SERVICES FOR THE CITY OF'MENIFEE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS COMMI.]NITY DEVELOPMENT BLOCK GRANT AGREEMENT
("Agreement"), entered into as of this l"t day of July, 2019 by and between the CITY OF
MENIFEE, a Califomia municipal corporation ("Grantee"), and ASSISTANCE LEAGUE OF
TEMECULA VALLEY, a California nonprofit corporation ("Subrecipient").
RECITALS
WHEREAS, Grantee participates in the Community Development Block Grant program
administered by the United States Department of Housing and Urban Development (*HUD")
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 HIID ("CDBG Funds") to be used for the support of community development activities that
meet at least one ofthe three national objectives of the program: (i) benefiting low and moderate
income persons, (ii) preventing and eliminating slums and blight, and (iii) addressing a community
development need having a particular urgency;
WHEREAS, Subrecipient is a nonprofit, volunteer philanthropic organization dedicated to
serving the needs of families is Southwest Riverside County, including residents ofGrantee;
WHEREAS, Subrecipient desires to utilize CDBG Funds t0 provide services to the people
in the Menifee Valley, including residents of Grantee;
WHEREAS, Grantee desires to assist Subrecipient with the foregoing by providing
financial assistance to Subrecipient in the form of a grant of CDBG Funds in the amount not to
exceed Ten Thousand Dollars and Zero Cents ($10,000) ("City Grant") to be used by
Subrecipient for certain expenses related to the Program, more particularly described herein as the
"Eligible Project Expenses"; and
WHEREAS, Grantee's provision of the City Grant to Subrecipient pursuant to this
Agreement, and the fulfillment generally of this Agreement, are in the vital and best interests of
Grantee and the welfare of its residents, and in accordance with the purpose and provisions of the
Community Development Block Grant program.
NOW, THEREFORE, based upon the foregoing Recitals and for good and valuable
consideration, the receipt and sufficiency of which is acknowledged by both parties, Grantee and
Subrecipiant hereby agree as follows:
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A. Activities
Subrecipient will be responsible for administering a Community Development Block Grant
('CDBG') Year 2019/2020 Public Services Program ("Program") in a manner satisfactory to
Grantee and consistent with any standards required as a condition ofproviding these funds. Such
program will include the following activities eligible under the CDBG program:
Program Delivery
Activity #l: Operation School Bell which assists needy students from Low and Moderate
Income ("LMI") families in grades kindergarten through eighth (Sth) grade by providing
them new school clothing at the beginning of the school year ("Services"). The students
are taken to a local retail store to receive school appropriate clothing totaling $125.
Services will be provided to at least eighty (80) LMI persons.
Subrecipient will be responsible for the general administration ofthe Program activities set
forth herein in a manner satisfactory to Grantee and consistent with the shndards set forth
in this Agreement. General administration of the Program includes the following activities:
L Project Monitoring
2. Project Fiscal Management
3. Project Reporting
B. National Obiectives
All activities funded with CDGB Funds must meet one of the CDBG program's national
objectives: (i) benefiting low and moderate income persons, (ii) preventing and eliminating slums
and blight, and (iii) addressing a community development need having a particular urgency, as
defined in 24 C.F.R. $ 570.208.
Subrecipient certifies that the Services will meet one of the CDBG program's national
objectives by providing services that directly benefit LMI persons. Subrecipient will provide the
Services to a minimum of eighty (80) LMI persons . Subrecipient shall document and maintain
records ofthe number of LMI persons served throughout the year.
Subrecipient agrees to provide the following levels ofprogram services:
Activity
Activity#l
Total Units/Year
At Least eighty (80) LMI persons
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I. SCOPEOFSERVICE
General Administration
C. Levels of Accomplishment - Goals and Performance Measures
LMI person k defined as a person having an income equal or less to than 800,4 of the area
median income, and outlined in the following table, or persons presumed to be LMI in
accordance $,ith 24 c.F. R. s 570.208(2)(a).
Riverside County Area Median Income (FY 201 9): $69,700
D. Staflins
Subrecipient shall ensure adequate and appropriate staffing is allocated to performance of
the Services. Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between the parties.
Subrecipient shall at all times remain an "independent contractor" with respect to the services to
be performed under this Agreement. Grantee shall be exempt fiom paynent of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
hsurance, as Subrecipient is an independent contractor.
E. PerformanceMonitorin
Grantee will monitor the performance of Subrecipient against goals and performance
standards stated above. Substandard performance as determined by Grantee will constitute
noncompliance with this Agreement. If action to correct such substandard performance is not
taken by Subrecipient within ten (10) days after being notified by Grantee of such substandard
performance, Grantee may, but is not required to, initiate contract suspension or termination
procedures to suspend or terminate this Agreement.
II. TIME O F PERFORMANCE
The term of this Agreement is from July 1,2019 through June 10,2020. The term of this
Agreement and the provisions herein shall be extended to cover any additional time period during
Family
Members
In
Household
Extremely Low Income
Limits
(307o of Median)
Very Low Income
Limits (507o of Median)
Low Income Limits
(807o of Median)
Annual Monthly Monthly Annual Monthly
I $15,100 $ r ,258 $25,I 50 $2.096 $40,250 s3,354
2 sl7,2s0 $ I ,438 $28,750 fiz,396 s46,000 s3,833
3 $19.400 $r.6r7 $32.350 s2,696 $s r ,7s0 s4.31 3
4 $21 ,550 $r,796 s35.900 $2,992 $57,450 s4,788
5 s23.300 $r.942 s38.800 $3,233 $62.050 $5,171
6 $25,000 $2,083 s4r.650 $3,47 r $66,650 $5,554
7 s26,750 52.229 $44,550 $3,713 s71,250 s5.938
8 $28.450 $2,371 $47,400 s3,950 s75,850 s6,32 r
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Annual
which Subrecipient remains in control ofCDBG Funds or other CDBG asset, including Program
lncome.
Subrecipient shall apply the Ciry Grant funds received from Grantee under this Agreement
in accordance with the line item budget set forth as follows:
Salaries
Fringe
Oflice Space (Program only)
utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Audit
Clothing For Beneficiary Children
Indirect Costs (Specifu)
TOTAL $r 0,000
Any indirect costs charged must be consistent with the conditions of this Agreement. In
addition, Grantee may require a more detailed budget breakdown than the one contained herein,
and Subrecipient shall provide such supplementary budget information in a timely fashion in the
form and content prescribed by Grantee. Any amendments to the budget must be approved in
writing by both Grantee and Subrecipient.
Iv. PAYMENT
It is expressly agreed and understood that the total amount to be paid by Grantee under this
Agreement shall not exceed Ten Thousand Dollars and Zero Cents ($10,000). Drawdowns for
the payment of Eligible Project Expenses shall be made against the line item budget specified in
Section III (Budget) herein and in accordance with perlormance 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 payments shall be made to
Assistance League of Temecula Valley
28720 Yia Montezume
Temecula, CA 92590
Payments may be contingent upon certification of Subrecipient's financ:ial management
system in accordance with the standards specified in 24 C.F.R. $ 84.21.
$0
0
0
0
0
0
0
0
0
000
0
0
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III. BUDCET
Subrecipient shall notiff Grantee ofany ofthe following changes:
o Loss ofNon-Profit Status; oro Change in leadership of Subrecipient or changes in staffadministering this Agreement.
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means.
Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
Communication and details conceming this contract shall be directed to the following
contract representatives:
Wendy Preece, Deputy Finance Director
City of Menifee
29844 Haun Road
Menifee, CA 92586
Phone: (951) 672-67'17
Fax: (951) 679-3843
Dorcas Shaktman, VP of Finance
Assistance lrague of Temecula Valley
28720 Via Montezuma
Temecula, C A 92590-251 0
Phone: (951 ) 694-801 8
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 ofthe Municipal Code of the City of
Menifee, and all federal and state fair labor standards, including the payment of prevailing wages
and compliance with the Davis-Bacon Act. *CDBG Requirements" shall collectively refer to the
requirements of Titte 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 seq. as amended from time to time, and the requirements set forth and referred to in
Exhibit A attached to this Agreement. Subrecipient further agrees to utilize funds available under
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V, NOTICES
Grantee Subrecipient
VI. SPECIAL CONDITIONS
None
VII. GENERALCONDITIONS
A. General Compliance
this Agreement to supplement rather than supplant funds otherwise available. In the case of any
conflict between the CDBG Requirements and this Agreement, the CDBG Requirements shall
control; it being understood, however, that in order to be in compliance with this Agreement and
the CDBG Requirements, Subrecipient shall, to the extent possible, comply with the most
restrictive provisions in this Agreement and the CDBG Requirements. Each and every provision
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, with counsel reasonably acceptable to Grantee, from and
against any and all loss, liability, damage, claim, cost, expense and/or "increased costs" (including
reasonable attomeys' fees, court and litigation costs, and fees of expert witnesses) that results or
arises in any way 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 l78l of the
Labor Code, as the same may be amended from time to time, or any other similar law; and/or (c)
failure by Subrecipient to provide any required disclosure or identification as required by Labor
Code Section 178 | , as the same may be amended from time to time, or any other similar law. The
foregoing indemnity shall survive termination or expiration of this Agreement. It is agreedby the
parties that Subrecipient shall bear all risks ofpal,rnent or nonpa)ment of prevailing wages under
federal law and Califomia law and,/or the implementation of Labor Code Section I 78 I , 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 I 781 , as the same may
be amended lrom time to time.
B. Hold Harmless
Subrecipient shall indemniS, defend, and hold harmless Grantee and its officers, officials,
employees, representatives, and agents (each, an "lndemnitee") from and against any and all
liability, expense or damage ofany kind or nature, and for, from and against any suits, claims or
demands, including legal fees and expenses, on account of or arising out of this Agreement or
otherwise in 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 wriften notice of the matter and an opportunity to
defend it, at Subrecipient's sole cost and expense, with legal counsel satisfactory to Grantee.
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C. Workers'Comoensation
Subrecipient shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
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D. Insurance & Bondine
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss
due to theft, fraud and./or undue physical damage, and as a minimum shall purchase a blanket
fidelity bond covering all employees in an amount equal to the amount of the City Grant.
Subrecipient shall comply with the bonding and insurance requirements of 24 C.F.R.
$$ 84.31 and 84.48, Bonding and Insurance.
Subrecipient will not be relieved of any liability, claims, demands, or other obligations
assumed by its failure to procure or maintain insurance. or its failure to procure or maintain
insurance in sufficient amounts, durations, or q/pes.
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. Licensing
Subrecipient agrees to comply with and obtain at its own expense, if necessary, all
applicable Federal, state, county, or municipal standards for Iicensing, certifications and operation
of facilities and programs, including the Program, and accreditation and licensing of individuals,
and any otler standards or criteria as described in this Agreement to assure quality ofthe Services.
In the event ofan investigation or suspension regarding any Subrecipient license related to
the Services under this Agreement, Grantee may terminate this Agreement and withhold further
City Grant funds. In addition, monies already received under this Agreement may be owed back
to Grantee.
F. Grantee Recognition
Subrecipient shall ensure recognition of the role of Grantee in providing Services through
this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be
prominently labeled as to funding source. ln addition, Subrecipient will include a reference to the
support provided herein in all publications made possible with City Grant funds under this
Agreement.
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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 ofeach 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 ofthis Agreement, such modifications will be incorporated only
by written amendment signed by both Grantee and Subrecipient.
H. Susoension or T ermination
ln accordance with 24 C.F.R. $ 85.43, Grantee may suspend or terminate this Agreement
if Subrecipient materially fails to comply with any terms of this Agreement, which include (but
are not limited to) the following:
I. Failure to comply with any ofthe rules, regulations, or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies, or
directives as may become applicable at any time;
2. Failure, for any reason, of Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of City Grant funds provided under this Agreement; or
4. Submission by Subrecipient to Grantee reports that are incorrect or incomplete in
any material respect.
ln accordance with 24 C.F.R. $ 85.,14, this Agreement may also be terminated for
convenience by either Grantee or Subrecipient, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial termination, the portion to be
terminated. However, if in the case of a partial termination, Grantee determines that the remaining
portion of the City Grant funds will not accomplish the purpose for which the grant was made,
Grantee may terminale this Ageement in its entirety.
VIII. ADMINISTRATIVEREOUIREMENTS
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
-8-
A. FinancialManaqement
l. AccountinqStandards
Subrecipient agrees to comply with 24 C.F.R. $$ 84.21 - 84.28 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
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12965474.1aOA/07/19
from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, A-133, and A-50. These principles
shall be applied for all costs incurred whether charged on a direct or indirect basis.
[Note: For the above sections, if Subrecipient is a governmental or quasi-governmental agency,
the applicable section of 24 C.F.R. Part 85, " Untform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments, " and OMB Circular A-87 would
applv.J
Documentation and Record Keeping
1. Records to be Maintained
Subrecipient shall maintain all records required by the Federal regulations specified in 24
C.F.R. $ 570.506, that are pertinent to the activities to be funded under this Agreement. Such
records shall include but not be limited to:
B
a
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program;
c. Records required to determine the eligibility ofactivities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 C.F.R. g 570.502, and 24 C.F.R
$$ 84.21 84.28; and
C. Other records necessary to document compliance with Subpart K of
24 C.F.R. Part 570.
Subrecipient shall retain all financial records, supporting documents, statistical records,
and all other records pertinent to this Agreement for aperiod offive (5) years. The retention period
begins on the date of the submission of Grantee's annual performance and evaluation report to
HUD in which the Services under this Agreement are reported on for the final time.
Notwithstanding the above, ifthere is any litigation, claim, audit, negotiation, or other action that
involves any ofthe records cited and that has started before the expiration ofthe five-year retention
period, then such records must be retained until completion of the litigation, claim, audit,
negotiation, or other action and the resolution of all issues, or until the expiration of the five-year
period. whichever occurs later.
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Records providing a full description of each activity undertaken;
2. Retention
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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 contract is private and
the use or disclosure ofsuch information, when not directly connected with the administration of
Grantee's or Subrecipient's responsibilities with respect to the Services provided under this
Agreement, is prohibited unless written consent is obtained from such person receiving service
and, in the case ofa minor, that ofa responsible parent/guardian ofperson receiving service.
5. Close-outs
Subrecipient's obligation to Grantee shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to: making
final pay.rnents, disposing of program assets (including the retum of all unused materials,
equipment, unspent cash advances, program income balances, and accounts receivable to Grantee),
and determining the custodianship of records. Notwithstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that Subrecipient has control over CDBG
Funds, including 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 dils & Ins ctions
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 nomal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by Subrecipient within thirty (30) days
after receipt by Subrecipient of the audit report. Failure of Subrecipient to comply with the above
audit requirements will constitute a violation of this Agreement and may result in the withholding
by Grantee of future payments ofthe City Grant. Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning subrecipient audits
and with the requirements of The Office of Management and Budget (OMB)"Super Circular" 2
CFR Part 200, which includes the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for federal awards, as applicable. The Super Circular guidance superseded
and consolidated the requirements from OMB Circulars A-21, A-87, A-l 10, A-122, A-89, A-102,
A-133, and A-50..
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Subrecipient shall report quarterly all program income (as defined at 24 C.F.R.
$ 570.500(a)) generated by activities carried out with CDBG Funds made available under this
Agreement. The use of program income by Subrecipient shall comply with the requirements set
forth at 24 C.F.R. $ 570.504. By way of further limitations, Subrecipient may use such 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 of the term of this Agreement. Any interest eamed on cash
advances from the U.S. Treasury and from funds held in a revolving fund account is not program
income and shall be remitted promptly to Grantee.
If indirect costs are charged, Subrecipient wiU 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.
Grantee shall reimburse Subrecipient only for actual incurred costs upon presentation of
properly executed reimbursement forms as provided and approved by Grantee. Only those Eligible
Project Expenses directly related to this Agreement shall be reimbursed. The amount of each
request must be limited to the amount needed for payrnent 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 thirty (30) days of written notice of the
disallowance.
Subrecipient agrees that funds determined by Grantee to be surplus
upon completion of this Agreement will be subject to cancellation
by Grantee.
Subrecipient agrees that upon expiration of this Agreement,
Subrecipient shall transfer to Grantee any CDBG Funds on hand at
the time of the expiration and any accounts receivable attributable
to the use ofCDBG Funds.
Grantee shall be relieved of any obligation for payments if funds
allocated to Grantee cease to be available for any cause other than
misfeasance of Grantee itself.
c
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C. ReDorting and Payment Procedures
1 . Program Income
2. Indirect Costs
3. Payment Procedures
a.
b.
d. Grantee reserves the right to withhold paynents pending timely
delivery ofprogram reports or documents as may be required under
this Agreement.
Payments by Grantee will be provided through a reimbursement/invoicing method only,
with pal,rnent issued by Grantee after actual costs have been incurred and paid by Subrecipient.
All costs shall be supported by properly executed payrolls, time records, invoices,
vouchers, or other official documentation, as evidence of the nature and propriety of the charges.
All accounting documents pertaining in whole or in part to this Agreement 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 internal 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.
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
c
d.
f
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^08/01/t9
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b.
Inform Grantee concerning any City Grant funds allocated to
Subrecipient, that Subrecipient anticipates will not be expended
during the term of this Agreement, and permit the reassignment of
the same by Grantee to other subrecipients.
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.
4.Progress Reports
Subrecipient shall submit regular progress reports to Grantee in the form, content, and
frequency as required by Grantee. Progress reports must be submitted at a minimum on quarterly
basis. Reporting periods are defined in the following table:
Quarter Reportinq Period Due Date
I July-September
October-December January 20
3 January-March April 20
4 March-June 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. Subrec'ipient shall be responsible for retaining one
hundred percent (100%) certification and/or income certification forms for a m'inimum of five (5)
years along with other Program records.
Additionally, an annual comprehensive report including inventory ofall Services provided
or performed with CDBG Funds, and financial report shall be submitted at the end of the program
year. The annual report shall be submitted no later than August lst.
D. Procurement
l. Compliance
Subrecipient shall comply with current Grantee policy concerning 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 of 24 C.F.R. $$ 84.40 - 84.48.
Subrecipient shall obtain written approval from Grantee for any travel outside the
metropolitan area with City Grant funds provided under this Agreement.
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October 20
2
2. OMB Standards
3. Travel
-13-
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 C.F.R. Part 84 and 24 C.F.R. $$ 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
Subrecipient shall transfer to Grantee any CDBG Funds on hand and any
accounts receivable attributable to the use of CDBG Funds under this
Agreement at the time of expiration, cancellation, or termination.
In all cases in which equipment acquired, in whole or in part, with CDBG
Funds under this Agreement is sold, the proceeds shall be program income
(prorated to reflect the extent to that funds received under this Agreement
were used to acquire the equipment). Equipment not needed by
Subrecipient for Services under this Agreement shalt be (a) transferred to
Grantee for the CDBG program or (b) retained after compensating Grantee
an amount equal to the current fair market value of the equipment less the
percentage ofnon-CDBG Funds used to acquire the equipment.
F DT]N S and SAM.GOV Resistration and Subaward Identification Notice
2
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 u ryu.sanr.gql 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. REPRESENTA TIONS AND WARRANTIES OF UBRECIPIENT
Subrecipient makes the following representations and warranties as of the date of this
Agreement and agrees that such representations and warranties shall survive ard 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 ofor constitute (with due
notice and/or lapse of time) a default under any such indenfure, agreement or other instrument, or
result in the creation or imposition ofany lien, charge or encumbrance ofany nature whatsoever
upon any of its property or assets, except as contemplated by the provisions ofthis Agreement.
-14-276203 r 858{00 l
12965414-l aOAlOT/19
B. Correct Information
All reports, papers, data and information given to Grantee with respect to Subrecipient and
this Agreement, including the Program are accurate and correct in all material respects and
complete insofar as completeness may be necessary to give Grantee a true and accurate knowledge
of the subject matters thereot 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 which it is a party.
D. Pendins Litiqation
There is not now pending or threatened against or affecting Subrecipient any claim,
investigation, action, suit or proceeding at law, or in equity, or before any court or administrative
agency which, if adversely determined, would impair or affect Subrecipient's ability to perform
the Services.
Subrecipient has examined and is familiar with all conditions, resrictions, reservations,
and ordinances affecting the performance of the Services. The Services will in all material respects
conform to and comply with all of the requirements of said conditions, restrictions, reservations,
and ordinances and performance of the Services shall conform in all respects with applicable
ordinances and statutes, and shall be in accordance with all requirements of the regulatory
authorities having jurisdiction thereof.
X. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
XI. SECTION H EADINGS 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 Agreement.
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.
2762l0t 1858-000r
129654'14-l aOalOT/19 - l5-
C. Defaults
E. Compliance
XII. WAIVER
XIII. NONLIABILITY OF OFFICIALS AND EMPL OYEES
No member, official, employee, or contractor of Grantee shall be personally liable to
Subrecipient in the event ofany default or breach by Grantee or for any amount which may become
due to Subrecipient or on any obligations under this Agreement. No member, 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.
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.
For the term of this Agreement, no membor, officer, or employee of Grantee, during the
term of his or her service with Grantee, shall have any direct interest in this Agreement, or obtain
any present or anticipated material benefit arising therefrom. In addition, Subrecipient agrees to
file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with
Grantee's Filing Officer if such filing is required under state law in connection with the
performance of the Services.
XVII. 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 AGREEMENT
This Agreement constitutes the entire agreement between Grantee and Subrecipicnt for the
use of funds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between Grantee and
Subrecipient with respect to this Agreement.
[Signatures on following page]
2762103 I 85 ri-000 r
129654't4-t aOAtOlt19 -16-
XIV. APPLICABLE LAW: VENUE
The intemal laws of the State of Califomia shall govern the interpretation and enforcement
of this Agreement. All legal actions must be instituted and maintained in the Superior Court of
the County ofRiverside, State ofCalifornia, or in any other appropriate court in that County.
XV. EXECUTIONINCOUNTERPARTS
XvI. NO CONFLICT OF INTEREST
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
IGrantee]ISubrecipient]
By:
Armando G.la, City Manager
By:&,-p* dL*J*-,
bi""" Elir.rd", $etr"y
Date:I 7 tq
Lr--l--
Denise Lanier,
tf r>/t7Date:
Attest:
A.M Clerk
Countersigned:
endy Deputy Finance Director
AS FORM:
lching, City
t
Date: t 2t
276201 l E58{m I
12965411.1aOA/07/19 -17 -
,L
By:
EXHIBIT A
ST]MMARY OF LEGAL RE OUIREMENTS
In addition to the requirements set forth in other provisions ofthe Agreement, Subrecipient
shall comply, and shall cause all Subrecipient's personnel to comply, with the following
regulations and requirements insofar as they are applicable to the performance of the Agleement. I
l. Equal Opportunity and Nondiscrimination.
a. Title VI of the Civil Rights Act of 1964,, as amended, including Public
Law 88-352 implemented in 24 C.F.R. Part t. 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 ofand entitled
to enforce such covenants. Subrecipient shall enforce such covenant and shall not itself so
discriminate.
b. Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as
amended, including Public Law 90-234. The Fair Housing Act provides in part that there shall
be no discrimination in housing practices on the basis of race, color, religion, sex, and national
origin. The Fair Housing Act was amended in 1988 to provide protections from discrimination in
any aspect of the sale or rental 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. 6101 eL seq., aad 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 ! of the Housing and Community Development
Act of 1974, as amended, including 42 U.S.C. 5301 eL seq. This law provides in part that any
grant under Section '106 shall be made only if the grantee certifies to the satisfaction of the
Secretary of HUD that the grantee will, among other things, affirmatively further fair housing.
I This exhibit is a list and summary of some of the applicable legal requirements and is not a
complete list of all Subrecipient requirements. The description set forth next to a statute or
regulation is a summary ofcertain provisions in the statute or regulation and is in no way intended
to be a complete description or summary of the 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 of 13
2762./0t I 85E.0m I
12965474.1aOA/07/19
e. Executive Order 11246, as amended. This order includes a requirement
that grantees and subrecipients and their contractors and subcontractors not discriminate against
any employee or applicant for employment because of race, color, religion, sex, or national origin.
f. Executive Order I1063, as amended, including 24 C.F.R. Part 107. This
order and its implementing regulations include requirements that 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 jn part that no otherwise qualified individual shall solely by reason ofhis or her disability
or handicap be excluded from participation (including employment), denied program benefits, or
subjected to discrimination under any program or activity receiving Federal assistance.
Subrecipient must ensure that its programs are accessible to and usable by persons with disabilities.
h. The Americans with Disabilities Act (ADA) of 1990, as amended, Tltis
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 behalfof, or for use ofa public
entity, be designed and constructed in a manner that makes the facility readily accessible to and
usable by persons with disabilities. The Act defines the range of conditions that qualify as
disabilities and the reasonable accommodations that must be made to assure equality of
opportunity, full participation, independent living, and economic self-sufficiency for persons with
disabilities.
i. The Age Discrimination Act of 1975, as amended. This law provides in
part that no person shall be excluded 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 Stxtement. Subrecipient shall, in all solicitations or
advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal
Opportunity or Affirmative Action employer.
k MinorityA omen Business Enterprise. Subrecipient will use its best
efforts to afford small businesses and minority and women-owned business enterprises the
maximum practicable opportunity to participate in the performance of the Agreement. As used in
the Agreement, the term "small business" means a business that meets the criteria set forth in
Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and, "minority and women-
owned business enterprise" means a business at least fifty-one percent (5 I %) owned and controlled
by minority group members or women. For the purpose of this definition, "minority group
members" are 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.
EXHIBIT*A"
PAGE 2 of 13276Z0ltE5E{]Ol
12965474-l roanll19
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, l3lg
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 Insurance Program is obtained and maintained.
c. Lead-Based Paint, Subrecipient shall comply with the Lead-Based painr
Regulations referenced in 24 C.F.R. $ 570.608, including 24 C.F.R. part 35, et. al.
d. Historic Preseryation. Subrecipient shall comply with the historic
preservation requirements set forth in the National Historic Preservation Act of 1966, as amended
(16 u.s.c. 470) and the procedures set forth in 36 c.F.R. Part 800, Advisory council on Historic
Preservation Procedures for Protection of Historic Properties and related laws and Executive
orders, insofar as they apply to the perlormance of the Agreement. In general, this requires
concurrence fiom 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. In accordance with 24
C.F.R. $ 58.22 entitled "Limitations on activities pending clearance, "neither a recipient nor any
participant in the development process, including pubtic 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. I (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 environmental review or receipt of environmental
clearance, Grantee shall notifu 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) wder 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.
2. Environmental
3. Uniform Administrative Requirements.
requirements described in 24 C.F.R. $ 570.502.
EXHIBIT *A"
PAGE 3 of l3
The uniform administrative
2762,01 I 858-{XtO I
12965474.1LOUOT/19
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 of the Agreement, Subrecipient shall transfer to Grantee (a) any and all CDBG Funds,
(b) any accounts receivable attributable to the use of CDBG Funds. In all cases in which
equipment acquired, in whole or in part, with funds under the Agreement is sold, the proceeds shall
be program income (prorated to reflect the extent to that funds received under the Agreement were
used to acquire the equipment). Equipment not needed by Subrecipient for activities under the
Agreement shall at the election of Grantee either be (a) transferred to Grantee for the CDBG
program, or (b) retained by Subrecipient after compensating Grantee an amount equal to the
current fair market value ofthe equipment less the percentage ofnon-CDBG 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. $ 4601 el seq., as
amended, and implementing regulations, and HUD Handbook I 378. Subrecipient shall indemnify,
defend, and hold Grantee harmless from and against any claims, liabilities, damages, or losses
made against it by tenants or occupants of any property, including without limitation claims for
relocation assistance, inverse condemnation, and claims otherwise arising from any act or omission
of Subrecipient pursuant to the provision ofrelocation assislance.
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 provide to Grantee and shall cause each
of its contractors, subcontractors, and subrecipients to provide to Grantee all records and reports
relating to the Program that may be reasonably requested by Grantee in order to enable it to
perform its record keeping and reporting obligations pursuant to the CDBG Requirements,
including but not limited to those described in the Agreement and 24 C.F.R. $ 570.506.
9. Religious Organizations. If Subrecipient is a religious organization as defined by
the CDBG Requirements, Subrecipient shall comply with all conditions prescribed by HUD for
the use of CDBG Funds by religious organizations, including the First Amendment of the United
States Constitution regarding church./state principles and the applicable constitutional prohibitions
set forth in 24 C.F.R. $ 570.200(,).
EX}IIBIT *A"
PAGE 4 of l32762101IH5E{00t
12965414.1 aO8tO? / 19
10. Conflict oflnterest. Subrecipient will comply with 24 C.F.R. $$ 84.42, 85.36 and
570.61I regarding the avoidance of conflict of interest, which provisions include (but are not
limited to) the following:
i. Subrecipient shall maintain a written code or standards ofconduct that shall
govem the performance of its officers, employees or agents engaged in the award and
administration ofcontracts supported by Federal funds.
ii. No employee, officer or agent of thc Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by Federal funds ifa
conflict of interest, real or apparent, would be involved.
iii. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position to
participate in a decision-making process or gain inside information with regard to such
activities, may obtain a financial interest in any contract, or have a financial interest in any
contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with
respect to the proceeds from the CDBG-assisted activity, either for themselves or those
with whom they have business or immediate lamily ties, during their tenure or for a period
of one ( I ) year thereafter. For purposes of this 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.
It. 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 forpolitical purposes or to engage
in other partisan political activities, such as sponsoring candidate forums, distributing brochures,
voter transportal.ion, or voter registration.
12. Anti-Lobbying Certilication. By its execution of the Agreement, Subrecipient
hereby certifies that:
i. No Federal appropriated funds have been paid or will be paid, by or on
behalfofit, to any person for influencing or attempting to influence an officer or employee
ofany agency, a Member ofCongress, an officer or employee 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, Ioan, or cooperative agreement.
iii. It will require that the language ofthis certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
EXHIBIT *A"
PAGE 5 of l3276?]011858-0001
12965474.1aOBlOl/19
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 Lobbying," in accordance with its instructions.
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 of not 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 notifoing employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
grantee's workplace and speciflng the actions that will be taken against employees for
violation of such prohibition.
ii. Establishing an ongoing drug-fiee awzreness 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. Notifoing the employee in the statement required by paragraph (i) that, as a
condition of employment under the grant, the employee will: (a) abide by the terms of the
statement: and (b) notify the employer in writing of his 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 ( l0) calendar days after
receiving notice under sub-paragraph (iv)(b) from an employee or otherwise receiving
actual notice ofsuch conviction. Employen ofconvicted employees must provide notice,
including position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point
for the receipt of such notices. Notice shall include the identification number(s) of each
affected grant.
vi. Taking one of the following actions, within thirty (30) calendar days of
receiving notice under subparagraph (iv)(b), with respect to any employee who is so
convicted: (a) taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of 1973,
as amended; or (b) requiring such employee to participate satisfactorily in a drug abuse
EXHIBIT "A"
PAGE 6 of l32762l01 I EJ E-000 t
l?965474.1aOA/O'1/19
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 drug-free workplace
through implementation of paragraphs (i), (ii), (iii), (iv), (v), and (vi).
14. Procurement. Subrecipient will comply with tie procurement standards under 24
C.F.R. $ 85.36 for governmental subrecipients and 24 C.F.R. $$ 84.4G.84.48 for subrecipients that
are non-profit organizations. Subrecipient shall comply with all existing and future Grantee
policies conceming the purchase of equipment.
15. Labor Provisions.
a, Section 3 of the Housing and Community Development Act of 1968.
Subrecipient shall comply with and cause its contractors and subcontractors to comply with the
requirements of Section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C.
$ l70lu), the HUD regulations issued pursuant thereto at 24 C.F.R. Part 135, and any applicable
rules and orders ofHUD issued thereunder. The Section 3 clause, set forth in 24 C.F.R $ 135.38
provides:
i. The work to be performed under this contract is subjecl to the requirements
of Section 3 olthe Housing and Urban Development Act of 1968, as amended, l2 U.S.C.
$ l70lu ("Section 3"). The purpose of Section 3 is to ensure that employment and other
economic oppornrnities generated by HUD assistance or HUD-assisted projects covered
by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients ofHUD assistance for housing.
ii. The parties to this contract agree to comply with HUD's regulations in 24
C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
iii. The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other
understanding if any, a notice advising the labor organization or workers' representative of
the contractor's commitments under this Section 3 clause, and will post copies of the 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 of the positions; and the anticipated date the
work shall begin.
iv. The contractor agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to take appropriate
action, as provided in an applicable provision ofthe subcontract or in this Section 3 clause,
upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part
135. The contraotor will not subcontract with any subcontractor where the contractor has
2762103 tE5E{001
129654'1 4 - I
^OAIO'1
/ 19
EXHIBIT *A"
PAGE 7 of 13
notice or knowledge that the subcontractor has been found in violation ofthe regulations
in 24 C.F.R. Part 135.
v. The contractor will certifu 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 of 24 C.F.R.
Part 135 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 C.F-R. Part 135.
vi. Noncompliance with HUD's regulations in 24 C.F.R Part 135 may result in
sanctions, termination of this contract for default, and debannent 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. 3l4l through 3148), the provisions of Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq. and implementing regulations), the
Copeland Anti-Kick Back Act (40 U.S.C. 276c and l8 U.S.C. 874 et seq.), the implementing
regulations of the U.S. Department of Labor including 29 C.F.R. Parts 1,3,5,6 and 7. and all
other applicable Federal, state and local laws and regulations pertaining to labor standards insofar
as those acts apply to the performance of the Agreement. Subrecipient shall maintain
documentation that demonstrates compliance with these provisions and such documentation shall
be made available to Grantee and HUD for review upon request. Subrecipient shall cause or
require to be inserted in full, in all such contracts subject to such regulations, provisions meeting
the requirements of this paragraph.
c. HUD Form 4010. Subrecipient shall comply and cause Subrecipient
Personnel to comply with the provisions of HUD Form 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 13
2762103 1 E5E-000 I
12965474 | LON/|)7 /lq
Federal Labor Standards Provisions U.S. Oapanment of Houring
and Urban Devclopment
Offrce of Labor Relations
Applic.billry
Th6 Prc,ect or Program to whlch the construction wor|(
coyered by this conlracl partalm 13 beang assisled by lhe
Uhaled States ot America and the lollo*lno Federal Labor
Slafirards Provlsrons are rnaluded in thts Contraal
pursuanl lo lho provisions applicablo !o such Fodorat
asgistance-
A, l. (a) Ianlmuln Waoes. All laborers and meahanics
employed or f,od(ing upon lhG srto of lhe worh, wrll be paid
uncondllronally and nol less olt€n lhan once a wssl, and
rithorrl sobsequent deduction or rabate oll any accouot
(eraept such payroll deductions as are Dermrtled by
regutations lssued by the Secrelary ol Labor under rtre
Copeland Acl (29 CFR P.n 3). th€ tulr amount ot wagos
aod bona lad€ lirng€ b€nefils (o, ca3h aqurvalents ther€ofl
due at time ol payment aompuled at rale! not less lhan
lhose conlaanod in the rraqe d6teamrnalroo of the
Secretary ot Labor wnich rs altached horolo and mad6 a
oart horeof. rsgardless of any contractual relahooshtp
which may he alleqed to exr3t between lh€ contractor and
such lalrorers and meahinrca Contrlbutions made or
co8t6 reaaonably antrcigated lor bona lrd6 frrnce benefit3
under Seclron l(b)(2) ot the Davrs-Bacon Aat on behalf ot
l.borers or mschanrcs are considered *ages p.id lo such
laborers o. mechanrcs, Bublec! to thq Drovlllon! ol 29 CFR
55(aXlXrv): a190. reoular contnbulioN mad8 or cost3
rncurr€d lor mole then a ueelly perlod {bul not lels otten
than Auartsrly) under plant, tund6. or programs which
coyer lh€ partrculilr w€6kly period. arg Clegmed to be
consirucliyely made or rncurred durino such weelty peaiod
such laborers and mBchrnrcs shall be pald the appfoprtate
wego rale and lrings b€nofits on the wage delerminrtion
for the claslilication of soat aatually perfoamod. fithout
rela.d to sllll, ex.ept a9 provi(t€d in 29 cFR 5.5(.)(4)
Laborcrg ot mechanica p6rlorming *oak ln more than one
classiticalion may be compensatgd at lho rato 3pecl,led tor
oeai ilassilicrton for ths lim6 actually roatqd therein
Prouded, That the emptoyer's payroll aacords accuratety
sel forth lhe trme spenl rn each cla3Srllcatron in whtch
ldorl rs penormed The waoe dot€rmlnatlon (lnctuding any
additional classllicalion and u|age ratos contormed under
29 CFR 55(e)('l)('i) .nd lhe D.vr3-8acon po3ler (WH-
1321) shall be pogled at all times by lhe contraalor aad its
subcontractors at tie site ot thg vofl in e promlnent and
accesslble. placa wh6re it can be easily 6een by tho
workenl-
(ii) {4, Any class ol laborer! or machanias which rs nol
listeo iD the wage deteamrnalion and xrhrch rs to be
employed under the contaact shell be classtlied in
conloJmance th the wage detarmrnation. HI.JD shall
approve an add[ional classilicalron and rage rate and
lrlnge benelits therefor only r,hen the tollownq critena
have been mel
ll) The rork to b€ perlormsd lry tns cla33ifrcatron
aequested is flot p€rformed by e classitication in the vaoe
determrnrlron; and
{2) The classiflcatlon is utltized tn the area by the
constnrclion industry: and
Itl The proposed wage rate, includln! any bona lade
frin96 bener(s, beani a reesonable relationship to lhe
wage aates conta,ned rn the wage detelminalion
lbl ll lhe conlraclol and lhe labofers and mechaolcs to be
emrloyod in lne classifrcatron (il known). or therr
represenlatives. and HUD or its desrgflee agree on the
classilication eod wage rale (inclldrng the amounl
clesignaled lor fringe benelils shere approDrlate). a reDort
ot lhe action laten shall be senl lry HUD or it6 clesigne€ IO
lho Adm,nlslralor of lhe Wage and Hour Oivrsion.
Employmenl Slandards Admlnistralron, U.S. Oepanmenl o,
Labor. Wa3hrnqlon. D C 20210. The Admlniltrator, Or an
authorzed representatlve, yrll epprove. modrly. or
drsrpprove every addrltonal class c.laon aclion withln 30
days of receipt aird so .dyis€ HlJo or its deslgnee or y/lll
nonfy HUO oa ils des4nee withrn the 30-day p€alod lhat
.ddrlrona! lime is neaessary. (Approvetl by lhe Ollrc€ ot
llanagemenl and Eudlst under OirB conlrot number 1215-
0110 )
lcl ln the event the conlraclor, the leborers oa mecnanrcslo be employed rn lhe clalsiliaatlon or th€r
re9resentalivos, and HUD or its deslgnee d0 not agroe oll
lhe propos€d classification and wago rale {tncludlng the
amount designated tor lringe benefits. who16 approgrlatel,
HIJD or its desrgnee ghall reler tho questlons.,ncludinq
lhe ylews ol all interesled Oartres and lhe rscommendattonof HUD or lts dsslqnee. lo lhe Admlnrslrelor for
delermrnation. Tie Administrrlor, or an autho.rzed
represenlalrve, will assue a deletmrnal,on filhin 30 days ot
roceiDl and so advlse HUD or its dasltneg or wtlt nolity
HUO or lts c,a6ionee $lthrn tho 30-day porlod that
addrlroflal lime is necessaay. (Approved by th€ Ottrce Ol
llanagement and Budget under OMB Control Number
12 1 5,0 r,t0. )
(dl The wage rate {including fringe boneits rhgre
appaopriete) delermlned pursuant to subparagraphs
(lXiiXb) or (c) of lhis Da..graph, sh.ll be p.rd ro alr
*ollers performing wo,i in lhe clagsificatron und€r thr!
contract from lhe first day on wiici work is perlormod ln
lha classiticetion
liiil Whenever lhe mrnrmum wage rale presc(bed rn the
contraEl lfi a class of laboaers or mechanlcs lncludes e
hnge beneli! $rich ts nol expressed a3 an hourly rale lhe
contrrctor shall e,lher pay the ben€fit as stated ln the
wage determinahon or sn:ll pay another bona fide tainge
benefil or an hourly cash eqlivalent thereol.
(iv) lf tie conractor does nol make paymenl! to a lrugtee
or other third person, lhe conlracloa may conslder as part
Page 1 ca 5
lo.m }{n){010 (0&20Gr
fel Handbor 13:t.l. r
EXHIBIT "A"
PAGE 9 of 13
27621031858{001
12965474.1 ao$l0?/19
of the wa96! ot any laborer or merhanrc the amount of any
costs reasonebly antlctpaled in provrdlng bona fide fringe
bonsfats und€f a Dlan or paoofaol, Provlded. That the
Sgcrclary ol Labor has tound, upon ths wntton roquesl of
ths contraclor, rhat lhe apDllcable srandaad3 ol the Dayls-
B.con Acl hava boen mst. The Secretary of Labor m3y
requlae the conltactoa to set asrde in a geparete account
assets lor the me€trng ol oSligaltoos undor thg olan or
9rogram (Aporov€(l by the Offrce ot irenagemsnt and
Budget under OMB Conlrol Numbe. l2t5-0140 )
2. ttilhholdlno. HUo or its desaqnse sherl upon its own
action or uDon written request ot an authorized
rep.e3entalaye ot the Depannent ot Labor rilhhold or
ceu3e to bo wlthheld trom lhe conraclor under this
contract or any other Federal contract wfh ths same pfime
contractor. or any olher Federzlly-asststed tontract
subiecl to Davi3-Bacon prByailing f,ilqo rsquarements.
which is hsld by lh€ game prime conlraclor so much of the
accrued payngnls or advances as may be conlidered
necessary to pay laborors and mechanic3, inrtuding
apDrentlcos. tralnegs and helpors. gmployed by the
aontractof or any Subcontrtctor lhe full amount of *ages
required by the aontract ln the event ot tailure to pay any
laborer or mechanic, rncludino any apgrentice. treinee or
hBlper. €mployed or woakrng on lh€ sile of the work. all or
Dan ol lhe wages reqll,ed by lhe contaact. HUD or lts
desrqoee may. after witten notice lo lhg contractor.
sponsor appllcanl, or omer, lale gt ch actlon as may be
nocegsary to cause the su3penllo|l ol any lurther
paymerl advance, or guzfantee of lund3 unlil such
violetions heva ceasod HUD o, its designg€ may. after
writlen nolico to tho conlractor. disbur6s such amouhts
walhhold lor and on account ot the contractor or
subcontractor to lhe resDecttve employees to *hom tiey
ere due The ComDlroller Genefal shall male such
disbursemenls in tie casg o, drrect oavrs-Bacon Act
coniracts
3. (a) Payrollr and baric recorarr, Payrotls and basic
records rolatlno thsreto shatl b€ matnlalned by the
contraalor durlng the couBe of lhe worl pre3eaved tor a
period of lhree yEafs thereatter tor atl tabore.s and
mechanlcs worlrno at the site of lhe wort Such records
shall conlaan tie name, aaldress, and sotial security
number ol each st ch worler, his or het cofrect
classificatron. hourly ..tes ol ,ages pald (includinq rsles
of contributions of costs antiaipated for bona tide fTlnge
b€nelits or ca3h squivzlsnts lhereof ot the tyOo5 describerl
rn sectlon l(bx2xB) o, the D.vrs-bacon Act). t. y and
teelly number ot hours worked. deductong made and
acruel wages pard Whenever the Secretary ot Labor hes
found under 29 CFR 5 5 (.Xl)(iv) th.t the wages of any
laborer or mochanra rnclud€ the amount ol any costs
reasonably anllci9al€d in providing bsn€fits und€r a plan
o. prooram d€3cnbed in section t(b)(2xg) of the oavis-gacon Act. the contractor shatt maintaln records which
show thal the commllment to provide iuch beneUts is
enforceable. that lhe plan o, prooram t! financialy
responsiblo. and lhat the plan or program hes been
communicaled an sritlno to lhe laborers or mechanlas
affeclqd. aod reco.ds r,hrch 3ho* th€ costs anticipaled or
lhe actual cost incurrcd an Droviding such banoflts.
Cont,aclor. employino apDronticos or trainoas uad6a
aDD,oygd Oroqrams thall maintain w'ltten evldonce ot lhe
rsgastratron of apprentrcesiip progaams and cenfication ot
lrainee progfams, the regislrallon of the epprontices and
laaanees, and the ratio3 and waos rates prescribed in ihe
applicable programs. {Aoproyed by the Office ol
Management and Eudget under OMg Contaol ltumbsls
1215-0i40 .M r215-0017.)
lll) (al The contractor shall submlt wcelty foa oach week
in ohlch any codtr.cl woat i3 porlormod a copy ol att
payrolls to HUD of lts desronee l, tie agency ls a pa y to
lh6 conttaci. but ll lh€ agenay rs nol such . party. the
aontractor ffll submrl the pafolls to the applicant
sponsor. oa o*ner, es lhe cale may be. lor transmilsion lo
HUD or rts designBe. The payroll! 3ubmitted shalt sel out
acaurately and completely all of the anlofmation regu,red
lo be mrinteined undor 29 cFR 5 slex3)(i, exc€pt thet fuI
social security numbers and nome addresges ghall not be
included on weelly liansnlitals lnslead the pay,olts shetl
only neod to include an lndividt ally identifying numbor for
each employee {e.9.. tho lasl lour diglls of the smployeo s
socral 3ecurity numbor)- The reqlired reolty payrotl
inlornation may be lubmitted in .oy torln 6o3ir6d.
Optlonal Form WH-347 is avallabte lor this purpose ,romlne Wage and Hour Oivr3ion Web site at
?ltpf/tlvtw.dal.oov/caetuhdnotnstwh3ahrct hh o( il3
succs3sor site The gnma contractor is relponlible tor
lhe tubmi3sion ol copias ot payrolls by all subcontraalors.
Cootractoas and subconlraclor6 ihalt metntaln lh6 full
tocral security number and current addross ol each
covered wofier, and 3hall provide them upon request lo
HUD or its designee it the agency is a p.rty to the
cont.act. hut if the aoency t3 not such a party. the
contracto. wlll submil the peyrolls to the appticant
3ponsor, ot owner. as lhe case may t€, to( transmlslaon to
HUO or rts designoo. lhg cookaclor. or the Wago and Hour
Oivision ot th€ Department ot Labor for purpos€s ol an
rnvoslroalron or audit ot compliance $ith prsvalllng wage
requrremenls lt ls not a vlolation ol this subparaomph lor
a prime contractoa to requlre a gubconfactor to provrde
a6dre3les and socral locurity numbers to the prime
contractor for ils own recordt. wilhout weekly submissbn
to HUD or its de3rone€. (App.ovod by th€ orlice ol
lranagemeni and Budgel urder OMB Cont.ot Number
1215-0r{9.)
lb, Each payroll submined 3hall be .cmmpanied by a
'Statsment of Cooplranc6.' srgned by the contraator or
subconlractor or his o, h€r tgent who pays or gupeavlses
lho paymsnt ot tho persons omployed und€r the conlract
and sh:ll cenify tho follo*in9:
lll Th.t the payrol tor the p.y.ol Dertod contains the
rnlormalron requlred to be orouded under 29 CFR 5 5
(rx3)(ii). ihe epp.opriate inlormellon is beino mainteined
'rndor 29 CFR 5.5(.X3Xa), .nd th.t 3uch informalaon rs
cofiecl and completo,
.;,: ::":, I,l 'fqm Huo-i010 (wnmt
rct Hambool l]4,r IPaoe 2 oa 5
EXHIBIT "A''
PAGE l0ofl32762/031858{00t
12965474.t a0E1O7/19
(2) Thel each taoorsr or mechanrc (tnctudino etch hetper.
apprentice. and taainee) employecl on the aonkact duing
the payroll perlod hai been paid th€ tutl wsekly *ages
earnod, without rebate. either dtrectly or lndiroctty. aod
that no dEduclioos have been nade elther dlrecfly or
rndi.actly lrom tho frrll rages earnod, othe, than
9ermissible deductlons as set fonh ln 29 CFR Part 3.
l3l That each laborer or mechanic has been Oad not tes!
than the applictble wage rates end fnnge benefll! o{ ca6h
equivalents lor lhe clessiticalion of wo,t peaformed. as
specitisd rn the appliaable wage d€lBrmination
rncorporlted lnlo the contracl
(c, The reekly 3ubmi$ion o, a lro0erty execuled
certiric.tron set todh on lhe reveBe side o, Oofonat Fo,m
WH-347 lhall sati3ty the ,eeullem€nt tor lubmrslion of the
'Statement ol Complianc6' requirad by lubparagraoh
A.3. tiaxb).
(d) The talslticalion of any o, the above certlllcallons mey
subJecl the conlractor oa subcontractor to al!tl or cdlninat
prosecution undor Section 100r of Tltle 18 and Section
231 ot Tille 31 ol the Lhlted Stales Cod6
liii) The conlractor oa subconlr.ctor shall make the
records required onder subparagraph A.3.(r) available for
rns9ectron. copyrng, or transc,l9laon by authoized
represenlelrves ol HUo of ils desronee oa the Degartmenlof L.bor. and shalt permit such repre3enlztives to
rnlerview ehployoes dunng *orling lrou.s oo the lob. lt
lhe coolraclor or subcootractor tarls lo submit lhe required
records o. lo malg lhon available, HUD or its desigte€
nry. alter w'itlon notice lo lhe conlractor, sDonsor,
applicanl or owner. tate such actlon as may be necessary
to c2use lhe 3u3pensron of any ,urlher paymenl, sdvence.
or quarentee ol lund3 Funhermore, latluag lo Submit the
requifed recoad! u9on request or to male such records
available may be caounds for debarment ection puasuant to
2S CFR 512.
4. Ap9rentlcoa al|d Taalnoe3,
(il Appranlice!. Apprentices $ll be pormitted lo worfi et
less than lh6 prodstermined rate lor the worl they
perfo.med when they are employed pur3ua0l lo and
andivadually regisiergd in a bona tids itpprcnliceship
groqram reoistered uith the u.S. OeDartmani ot Labor.
Enploylnent and Trrining Admlnistretion, Onice ot
ADprenticeship TTalnln!. EmDloyer and Labor Seftrces. or
wilh . Stale Apprenllc*h,p Agency aecoOnl26d by the
Otice. oa rl a DeBon 13 emDloyed in hi! or her lrrst 90
days ot probationary employment as an app,ontice in suchan apprenlrc6hlp progrrm, fho rg not lndrvidually
registered ln lh€ proqram. but who ha! b6sn corlilisd by
the Office ol Appr€ntic6hip T.alning, Emoloyer and Labor
Services or a Slale Apprenlaceshlp Agoncy (where
aporopriale) lo be eligrble for probalronary employment as
an appfentrc€. The allowable ratio of apprsntrc* lo
Journeymen on lhe job site an any cfaft ctallrftcalion shall
not be qreale, then the ratio permitted to tia contraclor as
to lhs enlir€ xrorl forco undsr tho rogiBleasd program. Any
worler llstod on a 9ayroll .t an apgfsntlco rago rals, who
rs not reqislered or olherwi3a employed ar stated abov€,
shall be pald not le6s than the applicabie wage rale oo the
wage determrnalion tor lhe cltssitication ol wo* actualty
perro,msd ln .ddilaon, any apprenltcB perfornloo worl on
lhe lob s e tn excess ol the ratio permttted under the
reqislered Orogram shall bo paid oot tesr lhan the
a9pllcable rage rate on the *age deter'.linatlon lor thewo acluelly performed Whete a contractot i3 performtng
conslruclion or a project in a locality olher than that in
which its progaam is regr3ter€d, the ratios and wage ratos
(€rptossod rn perconlagea of lhg journsyman's hourly
rate) spocified tn lhs contraclor's or sulrcontractor's
rsgistered program shelr b9 obsefted. Every appr6nllce
must be paid at not tess tian the rate sgscalied tn the
reolstered program tor lhe apprentrce's level o, progress,
erpressed a9 a percentaoe ol lhe lourneymen houaly aate
specilied rn lhe applac.ble wage delermrnation.
Apprentices shall be paid tdnqe benefits in accordance
wilh lho provisions ol ths appronlrceshiD program lf lhe
apprentlceship program does nol specity rlinoe beneflls.
.Dprenllces must be peld tho tull .mounl ol fridog beneflts
lllled on lhe wage determrnation for lhe apptrctble
ala3silicatron- lf the Administrator deteamlno3 tha( a
drtlerenl prarlice provarl! loa the appiicable apprentlce
classilication, frinqes Shall be Daid in accordanc€ wrth ihal
delormrnation. ln the event lhc Otfice ol Apprantrceship
Training. Employer and Labor Servlces. or a State
Apoaonliceship Agency rocognlzed by the Omce,glthdrers approval ol an apprentic8hrp program, the
conlrrctor will no longer be pemitte<l to utilize
appaenli.gs at less than the applrcabls pred€terminad rete
tor the worl perlormed untll an acceptable program rs
approved-
(lll Tr.ilreel. Ercept .3 provided in 29 CFR 516.
lrainees wlll not be osamatled to Borl at te$ lhan the
predelearnrned rate foa ihe wofl pedormed unle33 they aae
amployed pu.suanl '.to and lndrvidually reqstered in a
prooram mrch has receaved pnor ilpproyal. evrdenced by
lormal corlficalron by tne U.S Departmenl of Labor,
Employmofit end Trainlng Admrnaslration. The ralto ot
tralnees to rouaneymen on the Job slle shalt not be Oreet€tlnan permltted under the plad approyed by the
Employment and Tnining Adnrnrstration. Every traineo
musl lro paid al nol le33 lhan the rate sDertrred rn the
approved program for the lrainee s level of prooress,
express€d rs a percentago of tho tourn€yman houfly rato
speciriGd in the applicabls wag€ determinataon Traanoos
shall be peld tdnge benel l rn accordence whh the
provirlons ot the trarnee program. ll the trainoo orogram
does not menllon linqe benefils. traine* shall lre pald
lhe lull emounl ol frnge benetils tislod on the wage
delehrnation unless the Admrnislrator oI the Wtge and
Hour Division detormines thal lhBr6 ls an agprBntrccshlg
program associated wrth the corrosponding lou.neyman
waoe t.te on the *aoe determlnatlon whlah provldes lor
less lhan tull frinoe benetits lo, apprentlces. Any
emDloyee lrsted on Iho payroll at a lrainee rele who ls nol
reoiltered and DarticDatino ln a taalnrnq plan aDprcyed by
fo.rn Ht D-010 (6200S)
rel Haidraofi ly4 1Page 3 o{ 5
EXHIBIT'A''
PAGEllof132762101t85E{00t
12965474.1a08/07/19
the Employment and Training Admlnillralion shall be Daid
not le3s than the applicable wage ,ate on the rage
determinalion lor lhe worh actually oqdormed_ tn aOdrtton,
any traine€ pertormrng rDrl on the job slte tn excg9s ol
the ralio permltled under thB rogistored progrem shatl be
Dard not les3 than the apDlicabta {lage rate on the wage
determinalion tor lhe wo actually pe omed ln thc
€vent lhe Employmenl and Trarninq Admintstratlon
withdaaws approyal ol a trainrflg program. the contractor
will no longer be permitted lo utrlize trarnees at tess than
the applicable predetermrned rate for tne *orl pealoafied
until an acceolable program is apprcyed
(ilal Equrl Cmployment opDo,tultty. The utrtrza on of
epraenlicos. lrainees and iournoymen under 29 CFR Part 5
snall be in conlormity wlth the equat emptoyment
opDonunrly requiremeDts o, Executtve order 1'1246. as
amande6. and 29 cFR Part 30
5. Compliance with Copaland Act ,equiremmt!, Ths
conl,actor Shall comgly with tne requirements ol 29 CFR
Pan 3 strlch are rncorporated by relerence in this contract
6. Subcontract3. The cont,actor or subaontaactor wtll
rnsen rn any subcofllracts the clauses contatned io
subparagraphs I through 1'1 tn lhis paragraph A and 3uch
otner cl.u363 as HUD or rts desrgnoe may by rDpropflate
instructrons rgquire, and a coDy ot the ,pollcabte
Drevarllng wage declsron. and also a clause requtflng tho
subcontrectora !o include lhese ctaugss tn any lo*sr tier
sulrcontracts. The pnme contractor shalt be responsitrte
for the compliince by .ny 3ubaonlractor or lorea lier
subcontractor *lth all the coolraat ctauses ln thls
paragraph.
7. Contrlat terminrlion: doblrmant. A breach of the
conltact clauses rn 29 CFR 5 5 may be groundg tor
tormlriation of the contracl and lor debarment as it
conlractor and a subcontractor ag grovlded rn 29 CFR
5 t2
8. Caruiaca $Or lhris8@a rr, Rd.t d t l lbqfsrErl6
All ru[no9 and rnte.pretaliong ot the Dayis-8acon and
Relat€d Aats conlained in 29 CFR Parts t.3, and 5 are
horein incorporated lJy rafsrenco in this contract
9. Dlapotet concerninO lrbo. rtanalarda. Disputes
arisrn0 out of the labor slandards provrsions of this
conrracl shall nol be sublecl to the generat dlsDules
alarr96 ot lhls conlract. Such dlsputes shall be resolyod in
accordanc€ wllh the procodures of the Oeparlmgnt ot
Labor sel forth rn 29 CFR Parts 5. 6. and 7 oisputes
wi!hrn lhe meanino of this Etau3e include disputes bet*eon
the conlractor (or any of tts subcontaaators) and HUO o.
rts designes, the u s Dopartment of Labor. or the
employees ot therr represenlalives
'10. li) Certilicrtion ot Etigibility. gy entenno into this
contracl the conirerlor cenatres thal neither rt (nor h€ or
sh€) 0or any person oa lram rho has en inrorost ln the
conlrector 3 ttan 19 a person oa lirm tnellgtbta to be
ewarded Governmenl contaacts by vrrlue ot Seation 3(a) otthe Davl!-Bacon Act or 29 CFR 5.12(a)(1) or to be
award6d HUD contraats or paaticrpate rn HUD programs
Purluant to 2a CFR Part 2a
(il) No pan ot thar contract shatl be subrontracted to any
penion or ,lrm lnellolblo lor awad ol a Gove,nment
contract by vi tue o, S6ction 3(a) of the Davis-Brcon Act
or 29 CFR 5.i2(axtl or to be awarded HUD conlracis ot
panrclpate in HUD pmgr.ms pur3uant to 2c CFR Part 24
latal The pentlty lof malrno fatse ltatements i3 presc bod
in the tJ.S. Criminal Codo. 18 U.S C. 1001. Addnrooa y.
U.S. C.iminal Code, Sect,on I 01 0. Ti e 18. U.S.C.
'Fedgral Housing Aalmlnl3tralton lransactioa6', orotldes ln
Dart: 'Whogvgr. tor the purpose ot influencano tn any
way the acllon of such fulmlnistrallon. .. makes, uiefs oa
,ublishes any stalement tnodng lhe same to be tatse. ...
lhall be fined not moro than t5.000 or lmpatsoned nol
more than tuo yeers, or bolh.'
11, Cornpltlnlr, Procaedlnot, or Teltlmory by
Employarsa. No laboror or mochanic to whom ths wags.
salary, or other labor standards paoyisaons of tht! Contract
.re a9plrcable sh.ll be dilcharoed or tn any othor manne.
drsadmmated agarrst by tho Contaactor or any
subconl,actor because 3uch employee has liled any
comolaint or institutsd or ctuSed to bo institutod any
proceodino fi he3 te3tllled or i3 lbout to testily in any
procoeding undea or retatlnO to the tabor slendards
appllcable undor thls contract to hls emptoyer.
B. Cortd lYqt llorr! il(t s.frry Siir(H L IrE
fulBEu aa fE ,.-{r{h I rr ?plAae f,tse tE arErai d tle
t rnE cdlrEt el.e€rL Srm.m L uled h 0B pa4r4n, fD
EllB 1&s!' st .IirodEi(!'includa watchmen and guards.
('ll Ovorllmo roqulraDerta. 15 cgfirdor d sra@otraaf
oqnr'-lilc h -ry pct d rlo carlraat rcrk a|i(h Etay tEqie s
h\lot e S16 dldq,rrEl o, fuss 6 ll|ectEncs !,td t€adt d.
Erflr -, irch BarE a lrE&Ik h any sqt*dr in llidt tleIIl dl, a gllbld m $rdl rqt b st !l erasas of 40 hqrs lnsldr sg*E* lri€ss gldt lbg q fiEcll.Iic IEv6
asfiparlsdal a a rab .d lels sE! qE -ld qle-hcf tll,lcs [te brga
tae d Ey fu { hdrs Errd h sr4aaa d 40 hor:, n irlrll,hm(
(2) Vlolrtion; li.bilaty lol urp.id xlgor; tiquid.ted
d.mroet. ln the ev6nt ol any violatior of the clause 3et
torlh rn subDaregreph (1) ol tiis paragraph. the contractor
and any subcontractor responslbte therefor shr bg ltable
for the ungaad wagEs tn adidillon, such contractor and
subcontractor shell be liable to the unated statas (in the
care of foal done under contract for the District o,
columbra or a temtory, to 3ucn DBhct or to suah
temrory), ror liquldated d.m.oes such tiqul6.ted
damaggs shall be computed rlth respscl to each individual
labore. or mechanic. including welchoten and guards,
employod rn vrolalion ol the ct.use sel tollh in
subparaor.ph ('l) ot this p.,.o,aph. intEqrndtlotu ecch
acsrE dry at *ldt st arr mndll fas reqrBd s En$bd iost h exceas of UE st rd-U wt €aat ol4t hurs SEn DayrE.ltt tB ot,er&E ualEs requrred by tho ctause let tonh rn sub
paraoraph ( l) ol lhis paaagraph
l,t
tuqp4d5
EXHIBIT *A''
PAGE l2 of I 3
foon HUD{010 i06i/200s)
rE( Handbaat 134{ 1
2762/0t l EsE-om I
12965474.1aognll19
(31 Wlthholdin0 ,or unp.id w.oo. !nd llquldlled
dnm.oc!. Hl..,D or ils de3lgnee thall upon its own action
or upon 9ritteo request ol an aulho,tzed represenlalive ol
the Oeoaatmonl ot Labor wrthhold or cause to bs yrthheld.
trom any mon€ys payable on lccounl ol worl pertorm€d by
ths conlraclor or subconlractor under any such conl,acl or
:ny olhor Fedgfal conlract wllh th6 same prlm€ conracl.
or any othgr Federally-a3slltod contracl subj€cl to lhe
Conlracl Woak Hours and Sately Slandards Act which as
held by lhs remo prime contraclor such suhs ag may 56
determined lo be necessary to satlsfy any labithes ol
such co racloa or subcootaectot for unpzrd *ages and
lrquidaied damages as Drovided in the clause set torth rn
subpar.9.aph (2) ot thrs p.ragraph
(al Subcontracts. The contraclor or subcontraclor shall
rnsert ln tny subconlaacls the clausos s8t torth in
subp.r.or.oh (1) through (4) ol lhis pr.tgr3ph and al9o a
clause requi ng the subcontracloas to inclu(19 theso
clauses in any lower her subcontracls Thq pIlme
conlractor shall be responslbls for compliaoce lry any
srrlrcontractor or lo*e, lie, subconlractor siih the cl3uses
set forth in subD:Egrephr (l ) throlgh (4) ol rhis
para9raDh.
C. He.lth lnd Slfety. The p.o'rd..E dris pa".or+h C are
#lcatle wtEre tlle rErl d tE trIrE cddraat ercee6 3lm.m.
{l) No laborer or mochanic shall bo ,equired to woll in
suroundrngs oa undeHorlinq aooditions ihtch are
unsanrtary. hazardous, or dangerous to hrs heallh and
safely as delerDined under constluction salely and heallh
slandards promulgrted by the Searetary ot Laboa by
regulation.
(21 The Contractor shall comply with all rEgulelions
issued by the Sscrelery ot Labor pursuenl to Title 29 Part
1926 and ,arlure to comply may result in lmDgiltion of
sanctrons pursuant to the Contract WorX Hours and Sately
st.nd.rds Acl, (Public Lew 9l-54. 83 slat 96) 40 usc
370t el 3e!.
{3) The contracior shall rnclude the provrsiors ot this
pa.agraph ln every subconlract so lhal such proyisions will
0e blnding on each subcontractor. The contrector shall
take such action ,ath respecl to any subcontraclor as the
Secretary ol Housing and Urban Developmenl or lne
Seareta,y ol Labor shall drect as a means ot enforcinO
such otoYlsrons
r'a, : ,: a,)': : ir-- :,1!!i: r: :JoiYn H,DrOiO (imcos)
rc{ I'andlrool 131,r.1Paqe 5 oa 5
276210ltE5E{00r
12965474.1a0E/07/19
EXHIBIT*A"
PAGE l3 of l3
EXHIBIT B
SUBAWARD IDENTIFICATION NOTICE
EXHIBIT'B''
PAGE 1 of32762011858{001
1?965474.1aOBlOT/t9
MENIFEE
City of Menifee
Finance Department
Federal Award ldentification Notice
i. Subrecipient Name: Assistance League of Temecula Valley
ii. Subrecipient's Unique Entity ldentifier (DUNS): 868952920
iii. Federal Award ldentification Number (FAlNl: B-19-MC-06-0604
iv. Federal Award Date: July 1, 2019
v Subaward Period of Performance: July 1, 2019 through June 30, 2020
Amount of Federal Funds ($l Obligated by this action by the pass through entaty to
the to the subrecipient: S10,000
Total Amount of Federal Funds Obligated to the subrecipient by the pass-through
entity including the current obligation: S10,000
Total Amount of Federal Award committed to the subrecipient by the pass through
entity: $10,000
Federal Award project description, as required to be responsive to the Federal
Funding Accountability and Transparency Act (FFATAI:
Community Development Block Grant Program (CDBG) Entitlement (CFDA #14-218)
City of Menifee CDBG Public Services. Specifically this program/project will entail the:
Operation School Bell which assists needy students from Low and Moderate lncome
("LMl") families in grades kindergarten through eighth (8th) grade by providing them
newschool clothing at the beginning of the school year ("Services"). Thestudentsare
taken to a local retail store to receive school appropriate clothing totaling 5125.
Services will be provided to at least Eighty (80) Low and Moderate lncome ("LMl")
persons.
Name of the Federal Awardint atency, 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)
vt.
vll.
vllt.
tx.
EXHIBIT "B"
PAGE 2 of327621011858{001
12965474 | a08l07/19
x.
xt
Pass through Entity: City of Menifee, CA
Awarding Official: Armando Villa, City Manager
Phone: (951) 672-6777
CFDA Number and Name: 14.218 (Community Development Block Grant/Entitlement
G rants
xii. ldentification of whether the award is R&D: No
xIt,lndirect cost rate for the federal award (including if the de minimus rate is charted
per 200.414 lndirect F&A costs: So/De Minimus
EXHIBIT "B''
PAGE 3 of3176z0ltE5E{00t
12965414.1tOEtOTt19