2021/05/12 Riverside University Healthy System-Behaviorial Health Memorandum of Understanding between County of Riverside, Riverside University Health System-Behaviorial Health and the City of Menifee for Homeless Outreach ServicesPage 1 of 26
MEMORANDUM OF UNDERSTANDING
BETWEEN
COUNTY OF RIVERSIDE,
RIVERSIDE UNIVERSITY HEALTH SYSTEM-BEHAVIORAL HEALTH
AND
THE CITY OF MENIFEE
FOR HOMELESS OUTREACH SERVICES
THIS MEMORANDUM AGREEMENT (“MOU”) is entered into by and between the County of
Riverside, Riverside University Health System-Behavioral Health (hereinafter “SUBRECIPIENT”)
and the City of Menifee (hereinafter “GRANTEE”) and is based on the following representations
and statements of purpose (collectively “Parties” and each a “Party”).
RECITALS
A. WHEREAS, the purpose and intent of this agreement is to allow Behavioral
Health (BH) service staff to team with Law Enforcement to provide professional
homeless outreach services in collaboration with Menifee Police Department
(hereinafter “MPD”); and
B. WHEREAS, SUBRECIPIENT is qualified to provide homeless outreach BH
service employees; and
C. WHEREAS, the MOU will serve as an understanding of the roles, responsibilities
and services to be provided by GRANTEE and SUBRECIPIENT.
NOW, THEREFORE, the Participants mutually agree as follows:
I. SCOPE OF SERVICE
The purpose of this MOU between participants is to outline the roles and responsibilities
of these agencies to provide homeless outreach services and crisis/triage mental health
services as needed.
II. PROGRAM GOALS
A. Provide alternatives to those at risk of injury or death without appropriate mental
health/substance use homeless services provided directly in the community in
collaboration with local law enforcement.
B. Reduce jail incarcerations and involuntary behavioral health
treatment/hospitalizations for individuals whose behavior is influenced by a
mental health disorder/crisis and who are the subject of 9-1-1 calls.
C. Attempt to divert individuals with behavioral health (mental health and/or
substance use) problems into appropriate community services and supports.
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D. Engage hard to reach homeless who suffer from a serious mental illness and/or
substance use disorder and link them to all available SUBRECIPIENT and
community resources in a coordinated and effective manner.
E. Collaborate with community agencies and provide immediate access to treatment
and emergency shelter.
F. Decrease the amount of time that Law Enforcement spends on BH calls in the field.
G. Educate community agencies and partners about the warning signs of behavioral
health risks to destigmatize receiving behavioral health services and increase
accessibility to on-going services.
H. Support individuals and families with navigating mental health crisis while aiding
and supporting in minimizing barriers to treatment and services.
I. Link individuals/families to community resources for immediate crisis services
including access to one of the three Mental Health Urgent Cares within Riverside
County.
J. Provide short term case management/follow up services focusing on linkage to on-
going services for BH treatment and housing.
III. Levels of Accomplishment – Goals and Performance Measures
Subrecipient agrees to provide the following levels of program services:
Activity Total Units/Year
Activity#1 At least thirty (30) presumed LMI persons
LMI person is defined as a person having an income equal or less to than 80% of the area
median income, and outlined in the following table, or persons presumed to be LMI in
accordance with 24 C.F. R. § 570.208(2)(a).
Riverside County Area Median Income (FY 2020): $75,300
Family
Members
Extremely Low
Income Limits
(30% of Median)
Very Low Income
Limits (50% of
Median)
Low Income Limits
(80% of Median)
In
Household Annual Monthly Annual Monthly Annual Monthly
1 $15,850 $1,321 $26,400 $2,200 $42,200 $3,517
2 $18,100 $1,508 $30,150 $2,513 $48,200 $4,017
3 $20,350 $1,696 $33,900 $2,825 $54,250 $4,521
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4 $22,600 $1,883 $37,650 $3,138 $60,250 $5,021
5 $24,450 $2,038 $40,700 $3,392 $65,100 $5,425
6 $26,250 $2,188 $43,700 $3,642 $69,900 $5,825
7 $28,050 $2,338 $46,700 $3,892 $74,750 $6,229
8 $28,850 $2,404 $49,700 $4,142 $79,550 $6,629
IV. CARES Act & Coronavirus (Covid-19)
CDBG-CV funds are funded through the United States Congress adopted Coronavirus Aid,
Relief, and Economic Security Act (“CARES Act”), as adopted March 27, 2020, and therefore all
funded activities must be CDBG-eligible activities that are carried out to prevent, prepare for, and
respond to coronavirus on or after January 21, 2020.
RUHS-BH will provide direct assistance to homeless individuals, including but not limited to
assistance in obtaining housing, helping address the importance of having appropriate social
distancing/space to help mitigate the prevention and spread of COVID-19.
V. DUTIES AND RESPONSIBILITIES
A. SUBRECIPIENT RESPONSIBILITIES:
The responsibilities of SUBRECIPIENT under this Agreement are described in
Section I of Exhibit A to this Agreement.
B. GRANTEE RESPONSIBILITIES:
The responsibilities of GRANTEE under this Agreement are described in Section
II of Exhibit A of this Agreement.
IV. General Compliance
Subrecipient shall carry out the Services and operate the Program in conformity with all
applicable Federal, state, and local laws, regulations, and rules of governmental agencies having
jurisdiction, including without limitation, the CDBG Requirements (except that (1) 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 of 24 C.F.R.
Part 52) and the legal requirements set forth in Exhibit A attached to this Agreement and the statutes
referenced therein, all provisions of the 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 Title I of the
Housing and Community Development Act of 1974 (42 U.S.C. §§ 5301 et seq.) as amended from
time to time, and the implementing regulations set forth in 24 C.F.R. §§ 570 et seq. as amended from
time to time, and the requirements set forth and referred to in Exhibit C attached to this Agreement.
Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than
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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 indemnify, protect, defend, and hold harmless Grantee and
its officials, officers, employees, and agents, with counsel reasonably acceptable to Grantee, from and
against any and all loss, liability, damage, claim, cost, expense and/or “increased costs” (including
reasonable attorneys’ fees, court and litigation costs, and fees of expert witnesses) that results or arises
in any way from any of the following: (a) the noncompliance by Subrecipient of any applicable local,
state and/or federal law, including, without limitation, any applicable federal and/or state labor laws
(including, without limitation, if applicable, the requirement to pay state or federal prevailing wages
and hire apprentices); (b) the implementation of Section 1781 of the Labor Code, as the same may be
amended from time to time, or any other similar law; and/or (c) failure by Subrecipient to provide
any required disclosure or identification as required by Labor Code Section 1781, as the same may
be amended from time to time, or any other similar law. The foregoing indemnity shall survive
termination or expiration of this Agreement. It is agreed by the parties that Subrecipient shall bear
all risks of payment or nonpayment of prevailing wages under federal law and California law and/or
the implementation of Labor Code Section 1781, as the same may be amended from time to time,
and/or any other similar law. “Increased costs,” as used in this Section, shall have the meaning
ascribed to it in Labor Code Section 1781, as the same may be amended from time to time.
VI. FISCAL PROVISIONS
A. MAXIMUM AMOUNT AND SOURCE OF FUNDS
Total payment under this MOU will not exceed $50,000 for FY 20/21 and
$180,000 annually thereafter for the remainder of the program period, and shall
automatically renew upon expiration for successive one (1) year periods unless
terminated as provided herein. This MOU shall be funded through funds identified
in the annual GRANTEE and SUBRECIPIENT budgets and is subject to change
dependent on funding fluctuations.
B. COMPENSATION
SUBRECIPIENT shall bill GRANTEE for one (1) Behavioral Health Specialist II
(BHS II) and one (1) Behavioral Health Specialist III (BHS III) positions.
1. Salaries and Benefits
Salaries and benefits for the BHS II and BHS III positions shall be billed
based on the actual cost of the filled position only.
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a. Prior to July 1 of each year, SUBRECIPIENT shall notify
GRANTEE of salaries and benefit cost changes.
C. REIMBURSEMENT / PAYMENT / COMPENSATION
SUBRECIPIENT shall compile all payments made by SUBRECIPIENT to fund
the BHS II and BHS III by quarter and shall include them in the quarterly billing
to be received by GRANTEE within forty-five (45) days following the end of the
quarter in which the services were provided (i.e., First Quarter: July – September
billing is due November 15th). If actuals are not available, an estimated billing may
be submitted. Upon submission, GRANTEE will pay the estimated invoice and an
adjustment will be made by SUBRECIPIENT on the subsequent quarter’s billing
for the difference. GRANTEE will reimburse SUBRECIPIENT within thirty (30)
days after receipt of the claim. Equipment purchased by either party will remain
their property and shall be returned to them upon termination of this MOU.
a. Subrecipient will not be held responsible for disallowed services by
GRANTEES funding agency source.
VII. GENERAL PROVISIONS
A. EFFECTIVE PERIOD
This MOU shall be effective for three (3) years beginning on March 1, 2021
through June 30, 2023. This MOU may be renewed annually upon mutual consent
by all parties (SUBRECIPIENT, and GRANTEE) and upon availability of
funding.
B. ALTERATION OF TERMS AND ENTIRE AGREEMENT
The body of this MOU fully expresses all understanding of the parties concerning
all matters covered and shall constitute the total MOU. No addition to, or alteration
of, the terms of this MOU, whether by written or verbal understanding of the
parties, their officers, agents, or employees, shall be valid unless made in the form
of a written amendment to this MOU, which is formally approved and executed by
Participants.
C. AMENDMENTS
In the event that either party desires to amend the terms of this MOU, Participants
will comply with the terms of this MOU until such time as the amendment is
approved or formal action is taken by the County of Riverside Board of
Supervisors and the City of GRANTEE’s City Council.
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D. TERMINATION
This MOU may be terminated by either party by giving thirty (30) days written
notice by certified mail of intention to terminate, such period beginning upon
receipt of notice, and may be terminated for cause, such as a willful and/or material
breach of the MOU by either party by giving five (5) days written notice of
intention to terminate by certified mail.
E. NOTICES
All notices, claims correspondence, reports, and/or statements authorized or
required by this MOU shall be addressed as follows:
Riverside University Health System-Behavioral Health
Program Support Unit
4095 County Circle Drive
Riverside, CA 92503
City of Menifee
Police Department
29714 Haun Rd.
Menifee, CA. 92586
Attn: Christine Booker
Unless the persons or addressed are otherwise identified by notice given in the
manner specified by this paragraph, all notices shall be deemed effective when
they are reduced to writing and deposited in the United States mail, postage
prepaid, and addressed as stated above. Any notices, correspondences, reports,
and/or statements authorized or required by this MOU addressed in any other
fashion, shall not be acceptable.
F. CONFIDENTIALITY
GRANTEE agrees to maintain the confidentiality of all mental health and/or
substance use client information in accordance with all applicable Federal, State
and local laws and regulations. GRANTEE will ensure that names, addresses,
phone numbers, and any other individually identifiable information concerning
mental health and/or substance use clients and the services they may be receiving
are kept confidential. GRANTEE will not divulge any mental health and/or
substance use client information to any unauthorized person.
Applicable Confidentiality Laws include, but may not be limited to, California
Welfare & Institutions Code, Sections 5328 through 5330, inclusive, 45 CFR
Section 205.50, 42 CFR-Chapter 1-Part 2. MPD shall require all its officers,
employees, and agents providing services hereunder to acknowledge the
understanding of an agreement to fully comply with, such confidentiality
provisions.
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GRANTEE shall indemnify and hold harmless SUBRECIPIENT, its officers,
employees, and agents, from and against any and all loss, damage, liability, and
expense arising from any disclosure of such records and information by
GRANTEE, its officers, employees, or agents.
SUBRECIPIENT agrees to maintain the confidentiality of all criminal and law
enforcement information in accordance with all applicable Federal, State and local
laws and regulations. SUBRECIPIENT will ensure that names, addressed, phone
numbers, and any other individually identifiable information to any unauthorized
person.
SUBRECIPIENT shall maintain the confidentiality of all mental health and
substance use health records that it maintains, receives, or sends to MPD. Records
include, but may not be limited to, claims that include individual identifying client
information, individually identifiable health records and information, and/or
Management Information System records, SUBRECIPIENT shall have reasonable
safeguards in place to prevent unauthorized access to records.
VIII. MISCELLANEOUS PROVISIONS
A. SEVERABILITY
If any provision in this MOU is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions will nevertheless continue
in full force without being impaired or invalidated in any way.
B. HOLD HARMLESS-INDEPENDENT PARTNER
It is understood and agreed GRANTEE is an independent entity and that no
relationship of employer-employee exists between the parties hereto. GRANTEE
shall not be entitled to any benefits payable to employees of the County of
Riverside or SUBRECIPIENT, including County Workers’ Compensation
Benefits. SUBRECIPIENT is not required to make any deductions from the
compensation payable to GRANTEE under the provisions of this MOU; and as an
independent entity, GRANTEE hereby hold SUBRECIPIENT and/or the County
of Riverside harmless from any and all claims that may be made against
SUBRECIPIENT and/or the County of Riverside based upon any contention by
any third party that an employer-employee relationship exists by reason of this
MOU.
C. INSURANCE-INDEMNIFICATION
Each party hereto agrees to indemnify and hold harmless the other party, its
agency, offices, agents and employees, free and harmless from any liability
whatsoever, including wrongful death, based or asserted upon any acts or omission
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of such Indemnifying Party, relating to or in any way connected with or arising
from the accomplishment of the work by the Indemnifying Party.
Each party further agrees to protect, indemnify and defend at it expense including
attorney fees, the other party, its agency officers, agents and employees in any
legal action(s) or claim(s) based upon such alleged acts or omissions whether the
subject action(s) or claim(s) are well-founded, properly filed or pleaded, or not
commenced in a court of competent jurisdiction.
Without limiting such indemnification, each party shall maintain in force at all
times during the performance of the MOU, insurance policies evidencing coverage
during the entire term of the MOU as follows:
1. General liability insurance in the amount of not less than $1,000,000 per
occurrence and aggregate.
2. Workers’ Compensation insurance in accordance with statutory
requirements.
3. If motor vehicles are used pursuant to this MOU, not less than $1,000,000
combined single limit for damage to property and injury to persons.
D. RECORD RETENTION
GRANTEE agrees to retain all records pertaining to this MOU for a period of three
years after termination of this MOU, or such federal and state provisions in effect.
If, at the end of three years, there is ongoing litigation or an audit involving those
records, SUBRECIPIENT shall retain the original records until the resolution of
such litigation or audit; GRANTEE shall retain copies of the records until the
resolution of such litigation or audit.
E. JURISDICTION, VENUE, ATTORNEY’S FEES
This MOU is to be construed under the laws of the State of California. The parties
agree to the jurisdiction and venue of the appropriate courts in the County of
Riverside, State of California. Should action be brought to enforce or interpret the
provisions of this MOU, the prevailing party shall be entitled to attorney's fees in
addition to whatever other relief are granted.
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EXHIBIT A
I. SUBRECIPIENT RESPONSIBILITIES
SUBRECIPIENT will provide one (1) .60 FTE BHS II and one (1) .60 FTE BHS III to
work with MPD.
Assignments:
1. SUBRECIPIENT staff will work directly with police officers on patrol and with
police department administrators to bring direct knowledge and experience
regarding BH resources.
2. All assigned SUBRECIPIENT staff will be required to pass security
background requirements as determined by MPD.
3. SUBRECIPIENT will provide staff with cell phones that have e-mail
functionality.
4. SUBRECIPIENT staff will attend MPD roll calls as requested in order to
provide consultation and brief training as it is identified and requested by MPD.
5. SUBRECIPIENT staff will work to find alternatives to divert BH consumers
into mental health services and supports including emergency housing,
hospitalization, outpatient mental health services and other mental health
services.
6. SUBRECIPIENT staff will provide alternatives to incarceration and arrest
through referral and linkage to other community based mental health, substance
use, and/or social services resources.
7. SUBRECIPIENT staff will provide alternatives to mental health involuntary
treatment through referral and linkage to other community based mental health
and/or substance use and social services resources.
8. SUBRECIPIENT staff will provide crisis intervention service planning for
individuals with mental health issues who are frequently the subject of 9-1-1
calls.
9. SUBRECIPIENT staff will work with police to provide direct intervention from
the perspective of BH background and training.
10. SUBRECIPIENT staff will provide engagement and outreach services to
homeless mentally ill persons who come in contact with police officers.
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11. SUBRECIPIENT staff will provide assistance in dealing with calls involving
homeless disturbances or violence that involve potential mentally ill or
substance use consumers. SUBRECIPIENT staff will provide assistance and
support to children and families in crisis, and linkage to appropriate community
services.
12. SUBRECIPIENT staff working within the Police Department will have
computer and telephone access, SUBRECIPIENT enrollment, and service
contact information to utilize and assist enrolled clients coordinating on-going
support from SUBRECIPIENT.
13. Police officers often go to locations where homeless persons congregate.
SUBRECIPIENT staff, in coordination with MPD, will work with homeless
people where they congregate in order to identify and engage persons that may
be eligible for SUBRECIPIENT services and/or to facilitate referrals and
linkage to community resources that may assist general population and
homeless persons. SUBRECIPIENT staff will coordinate follow-up outreach
with SUBRECIPIENT Crisis Intervention Teams and others as needed.
SUBRECIPIENT staff will work in the office to arrange social service supports
and coordinate services with other agencies and programs.
14. SUBRECIPIENT staff will coordinate with jail incarceration diversion teams
and programs including mental health and drug courts to intervene and help to
divert persons with a serious mental health disorder into appropriate and
recommended mental health treatment services and supports, and persons with
impairing substance use disorders into substance use treatment services and
supports.
15. SUBRECIPIENT staff may work directly with SUBRECIPIENT Detention
staff to coordinate mental health and/or substance use services and assist with
issues involving inmates detained through MPD in post-booking, pre-trial
diversion and linkage to community resources upon release from incarceration.
16. SUBRECIPIENT staff may work with other mental health crisis response
services involving 9-1-1 calls, such as training and support to ambulance
emergency medical technicians and Menifee Fire Department paramedics.
17. SUBRECIPIENT staff will provide contact information and phone numbers for
community resources and referral.
18. And other duties as agreed upon between both parties.
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DUNS and SAM.GOV Registration and Subaward Identification Notice
Requirements
Subrecipient must have a Data Universal Numbering System (DUNS®) number to be
eligible to enter into this agreement. Further, the subrecipient must have an active
registration with the federal www.sam.gov 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 C. Failure to complete the
subaward identification notice form shall render Subrecipient ineligible to receive funds
under this agreement.
II. GRANTEE-MPD RESPONSIBILITIES
MPD
1.MPD will provide office space for SUBRECIPIENT staff.
2.MPD will provide SUBRECIPIENT staff general access into MPD Police
Station as identified by MPD.
3.MPD will assign law enforcement personnel and SUBRECIPIENT staff to
respond to requests for assistance in the field.
4.MPD will conduct security background investigations for designated
SUBRECIPIENT staff and maintain the confidential records of the
investigations outcomes.
5.MPD shall provide standard external identification vests to SUBRECIPIENT
staff.
6.MPD will provide training, based on a curriculum developed and approved by
SUBRECIPIENT, regarding field operations and safety. GRANTEE will
reimburse SUBRECIPIENT for salary and benefit cost incurred for the
positions of BHS II and BHS III.
7.And other duties as agreed upon between both parties.
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EXHIBIT B
COMPENSATION
Compensation shall only be for salary and benefit costs associated with providing the Scope of
Services defined in Attachment I
Personnel Costs (4 Months)
Month and Year FY 2021 County Payment (May Fluctuate)
March 2021 (Up to) $12,500
April 2021 $12,500
May 2021 $12,500
June 2021 $12,500
Subtotal: $50,000
Personnel Costs
Month and Year FY 2022 County Payment
July 2021 $15,000
August 2021 $15,000
September 2021 $15,000
October 2021 $15,000
November 2021 $15,000
December 2021 $15,000
January 2022 $15,000
February 2022 $15,000
March 2022 $15,000
April 2022 $15,000
May 2022 $15,000
June 2022 $15,000
Subtotal: $180,000
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Personnel Costs
Month and Year FY 2023 County Payment
July 2022 $15,000
August 2022 $15,000
September 2022 $15,000
October 2022 $15,000
November 2022 $15,000
December 2022 $15,000
January 2023 $15,000
February 2023 $15,000
March 2023 $15,000
April 2023 $15,000
May 2023 $15,000
June 2023 $15,000
Subtotal: $180,000
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EXHIBIT C
SUMMARY OF LEGAL REQUIREMENTS
In addition to the requirements set forth in other provisions of the 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 Agreement.1
1. 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 1. This law provides in part that no person shall, on
the grounds of race, color, or national origin be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving federal
financial assistance. In regard to the sale or lease of property, Subrecipient shall cause or require
a covenant running with the land to be inserted in the deed and leases prohibiting discrimination
under this Title, and providing that Grantee and the United States are beneficiaries of and entitled
to enforce such covenants. Subrecipient shall enforce such covenant and shall not itself so
discriminate.
b. Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as
amended, including Public Law 90-234. The Fair Housing Act provides in part that there shall
be no discrimination in housing practices on the basis of race, color, religion, sex, and national
origin. The Fair Housing Act was amended in 1988 to provide protections from discrimination in
any aspect of the sale or rental of housing for families with children and persons with disabilities.
The Fair Housing Act also establishes requirements for the design and construction of new rental
or for-sale 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 et. seq., 42 U.S.C. 6101 et. seq., and 29 U.S.C.
794.This law provides in part that no person on the grounds of race, color, national origin, sex,
or religion shall be excluded from participation in, be denied the benefits of, or otherwise be subject
to discrimination under any activity funded in whole or part with funds under this Title.
d. Section 104(b) of Title I of the Housing and Community Development
Act of 1974, as amended, including 42 U.S.C. 5301 et. seq. This law provides in part that any
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.
1 This exhibit is a list and summary of some of the applicable legal requirements and is not a
complete list of all Subrecipient requirements. The description set forth next to a statute or
regulation is a summary of certain provisions in the statute or regulation and is in no way intended
to be a complete description or summary of the statute or regulation. In the event of any conflict
between this summary and the requirements imposed by applicable laws, regulations, and
requirements, the applicable laws, regulations, and requirements shall apply.
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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 11063, as amended, including 24 C.F.R. Part 107. This
order and its implementing regulations include requirements that all actions necessary be taken to
prevent discrimination because of race, color, religion, sex, or national origin in the use,
occupancy, sale, leasing, rental, or other disposition of property assisted with Federal loans,
advances, grants, or contributions.
g. Section 504 of the Rehabilitation Act of 1973, as amended. This Act
specifies in part that no otherwise qualified individual shall solely by reason of his or her disability
or handicap be excluded from participation (including employment), denied program benefits, or
subjected to discrimination under any program or activity receiving Federal assistance.
Subrecipient must ensure that its programs are accessible to and usable by persons with disabilities.
h. The Americans with Disabilities Act (ADA) of 1990, as amended. This
Act prohibits discrimination on the basis of disability in employment by state and local
governments and in places of public accommodation and commercial facilities. The ADA also
requires that facilities that are newly constructed or altered, by, on behalf of, or for use of a 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 Statement. Subrecipient shall, in all solicitations or
advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal
Opportunity or Affirmative Action employer.
k. Minority/Women Business Enterprise. Subrecipient will use its best
efforts to afford small businesses and minority and women-owned business enterprises the
maximum practicable opportunity to participate in the performance of the Agreement. As used in
the Agreement, the term “small business” means a business that meets the criteria set forth in
Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women-
owned business enterprise” means a business at least fifty-one percent (51%) owned and controlled
by minority group members or women. For the purpose of this definition, “minority group
members” are Afro-Americans, Spanish-speaking, Spanish-surnamed 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.
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2. Environmental.
a. Air and Water. Subrecipient shall comply with the following regulations
insofar as they apply to the performance of the Agreement: Clean Air Act, 42 U.S.C. 7401, et seq.;
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318
relating to inspection, monitoring, entry, reports, and information, as well as other requirements
specified in said Section 114 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 Paint
Regulations referenced in 24 C.F.R. § 570.608, including 24 C.F.R. Part 35, et. al.
d. Historic Preservation. Subrecipient shall comply with the historic
preservation requirements set forth in the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470) and the procedures set forth in 36 C.F.R. Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties and related laws and Executive
Orders, insofar as they apply to the performance of the Agreement. In general, this requires
concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of
historic properties that are fifty years old or older or that are included on a federal, state, or local
historic property list.
e. Limitation on Activities Pending Clearance. In accordance with 24
C.F.R. § 58.22 entitled “Limitations on activities pending clearance, “neither a recipient nor any
participant in the development process, including public or private nonprofit or for-profit entities,
or any of their contractors, may commit HUD assistance under a program listed in 24 C.F.R.
§ 58.1(b) on an activity or 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 notify Subrecipient. HUD funds shall not be utilized before this
requirement is satisfied. The environmental review or violation of the provisions may result in
approval, modification of cancellation of the City Grant. If a project or activity is exempt under 24
C.F.R. § 58.34, or is categorically excluded (except in extraordinary circumstances) under 24
C.F.R. § 58.35(b), no RROF is required and the recipient may undertake the activity immediately
after the Grantee has documented its determination that each activity or project is exempt and
meets the conditions specified for such exemption under this section by issuing a Notice to
Proceed.
3. Uniform Administrative Requirements. The uniform administrative
requirements described in 24 C.F.R. § 570.502.
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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 of 24
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 of the equipment less the percentage of non-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 et seq., as
amended, and implementing regulations, and HUD Handbook 1378. Subrecipient shall indemnify,
defend, and hold Grantee harmless from and against any claims, liabilities, damages, or losses
made against it by tenants or occupants of any property, including without limitation claims for
relocation assistance, inverse condemnation, and claims otherwise arising from any act or omission
of Subrecipient pursuant to the provision of relocation assistance.
7. Allowable Costs and Audits. Subrecipient shall comply with and administer the
Program in accordance with the requirements of The Office of Management and Budget
(OMB)”Super Circular” 2 CFR Part 200, which includes the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for federal awards, as applicable.
8. Records and Reports. Subrecipient shall 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(j).
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10. Conflict of Interest. Subrecipient will comply with 24 C.F.R. §§ 84.42, 85.36 and
570.611 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 of conduct that shall
govern the performance of its officers, employees or agents engaged in the award and
administration of contracts supported by Federal funds.
ii. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by Federal funds if a
conflict of interest, real or apparent, would be involved.
iii. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position to
participate in a decision-making process or gain inside information with regard to such
activities, may obtain a financial interest in any contract, or have a financial interest in any
contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with
respect to the proceeds from the CDBG-assisted activity, either for themselves or those
with whom they have business or immediate family ties, during their tenure or for a period
of one (1) 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.
11. Political Activity (24 C.F.R. § 570.207(a)(3)). Subrecipient is prohibited from
using CDBG Funds to finance the use of facilities or equipment for political purposes or to engage
in other partisan political activities, such as sponsoring candidate forums, distributing brochures,
voter transportation, or voter registration.
12. Anti-Lobbying Certification. By its execution of the Agreement, Subrecipient
hereby certifies that:
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, 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 the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an 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.
iii. It will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
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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 notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
grantee’s workplace and specifying the actions that will be taken against employees for
violation of such prohibition.
ii. Establishing an ongoing drug-free awareness program to inform employees
about: (a) the dangers of drug abuse in the work place; (b) the grantee’s policy of
maintaining a drug-free workplace; (c) any available drug counseling,
rehabilitation, and employee assistance programs; and (d) the penalties that may be
imposed upon employees for drug abuse violations occurring in the workplace.
iii. Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by paragraph (i).
iv. Notifying the employee in the statement required by paragraph (i) that, as a
condition of employment under the grant, the employee will: (a) abide by the terms of the
statement; and (b) notify the employer in writing 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. Notifying the agency in writing, within ten (10) calendar days after
receiving notice under sub-paragraph (iv)(b) from an employee or otherwise receiving
actual notice of such conviction. Employers of convicted employees must provide notice,
including position 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
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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 the procurement standards under 24
C.F.R. § 85.36 for governmental subrecipients and 24 C.F.R. §§ 84.40-84.48 for subrecipients that
are non-profit organizations. Subrecipient shall comply with all existing and future Grantee
policies concerning the purchase of equipment.
15. Labor Provisions.
a. Section 3 of the Housing and Community Development Act of 1968.
Subrecipient shall comply with and cause its contractors and subcontractors to comply with the
requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
§ 1701u), the HUD regulations issued pursuant thereto at 24 C.F.R. Part 135, and any applicable
rules and orders of HUD issued thereunder. The Section 3 clause, set forth in 24 C.F.R § 135.38
provides:
i. The work to be performed under this contract is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
§ 1701u (“Section 3”). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects covered
by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
ii. The parties to this contract agree to comply with HUD’s regulations in 24
C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
iii. The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other
understanding 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
of the 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 of the subcontract or in this Section 3 clause,
upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part
135. The contractor will not subcontract with any subcontractor where the contractor has
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notice or knowledge that the subcontractor has been found in violation of the regulations
in 24 C.F.R. Part 135.
v. The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) 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 debarment or suspension from future
HUD assisted contracts.
Subrecipient shall abide by the Section 3 clause set forth above and will also cause this
Section 3 clause to be inserted in all contracts relating to the Program.
b. Labor Standards. Subrecipient shall comply with the provisions of 24
C.F.R. § 570.603 and related requirements. Subrecipient shall include in all applicable
construction contracts the provisions of federal law imposing labor standards on federally assisted
contracts. Subrecipient shall comply with the requirements of the Secretary of Labor in accordance
with the Davis-Bacon Act as amended (40 U.S.C. 3141 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 18 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.
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