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2021/01/03 Community Development Block Grant Program (CDBG) Interdepartmental Cooperation Agreement Memorandum of Understanding (MOU) between City of Menifee and CDBG-CV and Community Services Department for Senior Lunch ProgramINTERDEPARTMENTAL COOPERATION AGREEMENT MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CITY OF MENIFEE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM – CORONAVIRUS (CDBG-CV) AND COMMUNITY SERVICES DEPARTMENT FOR SENIOR LUNCH PROGRAM THIS INTERDEPARTMENTAL COOPERATION AGREEMENT MEMORANDUM OF UNDERSTANDING (“Agreement”), entered this _____________, 2021 by and between the City of Menifee Community Development Department (herein called “Community Development Department”) and the City of Menifee Community Services Department (herein called the “Department”). WHEREAS, the City of Menifee 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. §§ 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, the City of Menifee receives funds from HUD (“CDBG Funds”) to be used for the support of community development activities that meet at least one of the three national objectives 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 (collectively, the “National Objectives”) Additionally, 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; and WHEREAS, Community Development Department wishes to engage the Department to assist the City of Menifee in utilizing such CDBG Funds in response to the coronavirus pandemic; NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE A. Activities The Department will be responsible for administering a Community Development Block Grant- Coronavirus (“CDBG-CV”) Year 2021/22 activity/project(s) in a manner satisfactory to Community Development Department and consistent with any standards required as a condition of providing these CDBG Funds. Such activity/project(s) will include the following activities eligible under the CDBG program: The role and responsibilities of each of the departments involved in this MOU will be as follows: 1. Community Development Department: Comprehensive Administrative Project Management, including, but not but not limited to: • Project/Activity set-up in IDIS; • Reporting requirements to HUD; • Federal debarment review/check (Sam.gov); DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 January 3, 2022 Agreement, Community Development – Community Services December 2021 - 2 - • Review of payment requests; • IDIS drawdowns; • Administrative support to the Community Services Department in the implementation of the Senior Lunch Program Community Development Department will retain the primary project files for future HUD review. 2. Community Services Department: Comprehensive Project management, including but not limited to: • Participant registration; • CDBG Eligibility data collection; • Purchasing of program meals; • Distribution of Senior meals via drive-thru style; • Program reporting • Program advertising All program files will be kept and retained in a program binder and a copy will be remitted to the Community Development Department for CDBG Program files. Such activity/project(s) will include the following activities eligible under the CDBG program: Program Delivery Activity #1 Senior Lunch Program - Program will be conducted at the Kay Ceniceros Senior Center located at 29995 Evans Road, Menifee, Ca 92586. Program will be administered every Monday, Tuesday and Thursday beginning at 10am and ending at 12pm. The Senior Lunch Program will run from March 19th, 2020 to October 26, 2021. Program will provide registered seniors 62 and older and that are City of Menifee residents with a daily lunch. All meals will be distributed while the participants remain in their vehicle. An estimated three hundred and fifty (350) LMI persons will be served by the program. General Administration Activity #2 Subrecipient will be responsible for the general administration of the Program activities set forth herein in a manner satisfactory to Grantee and consistent with the standards set forth in this Agreement. General administration of the Program includes the following activities: 1. Project Monitoring 2. Project Fiscal Management 3. Project Reporting B. National Objectives All activities funded with CDGB Funds must meet one of the CDBG program’s National Objectives: (1) benefit low- and moderate-income persons; (2) aid in the prevention or elimination of slums or blight; or (3) address a community services need having a particular urgency, as defined in 24 CFR 570.208. DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 - 3 - The Department certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: Benefit low- and moderate-income persons by serving only the elderly as they are considered presumed clientele which are elderly (62 years of age and older) persons. Department will provide the Services to a minimum of At least Three hundred and fifty (350) LMI persons. Subrecipient shall document and maintain records of the number of LMI persons served throughout the year. C. 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. Subrecipient certifies that the Services provided are carried out to prevent, prepare for, and respond to coronavirus by funding a new Senior Lunch program which would provide seniors 62 or older with drive- thru style meals on three designated days out of the week. D.Levels of Accomplishment – Goals and Performance Measures The Department agrees to provide the following levels of program services: Activity Total Units/Year Activity #1 At least three hundred and fifty (350) LMI persons. The unit of measurement is the number of LMI persons to be served. E.Staffing The Department shall assign staff as necessary to carry out the provisions of this Agreement. Procurement of professional services and construction contracts shall meet the requirements of federal, state, and local laws, and this Agreement. F.Performance Monitoring Community Development Department will monitor the performance of the Department against goals and performance standards as stated above. Substandard performance as determined by Community Development Department will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Department within a reasonable period after being notified by Community Development Department, contract suspension or termination procedures will be initiated. II.TIME OF PERFORMANCE Services of the Department shall start on the 19th day of March 2020 and end on the 31st day of October 2021. The term of this Agreement and the provisions herein shall be extended to cover DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 - 4 - any additional time during which the Department remains in control of CDBG Funds or other CDBG assets, including program income. III.BUDGET (CDBG FUNDS ONLY) Eligible Program Expense Amount (CDBG) Salaries Staff 0.00 Utilities 0.00 Communications 0.00 Other (Specify): Senior Meals 212,754.00 Indirect Costs (Specify) 0.00 TOTAL $212,754 .00 Any indirect costs charged must be consistent with the conditions of Paragraph VIII(C)(2) of this Agreement. In addition, Community Development Department may require a more detailed budget breakdown than the one contained herein, and the Department shall provide such supplementary budget information in a timely fashion in the form and content prescribed by Community Development Department. Any amendments to the budget must be approved in writing by both Community Development Department and the Department. IV.PAYMENT It is expressly agreed and understood that the total amount to be paid by Community Development Department under this Agreement shall not exceed Two hundred twelve thousand seven hundred fifty-four dollars ($212,754). Drawdowns for the payment of eligible expenses shall be made against the line-item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line-item budgets specified in Paragraph III herein and in accordance with performance. V.NOTICES Notices required by this Agreement shall be in writing and delivered via inter-department mail or sent by e-mail. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following contract representatives: Community Development Department Community Services Department Cheryl Kitzerow, Community Development Director Jonathan Nicks, Community Services Director 29844 Haun Road 29995 Evans Road Menifee, CA 92586 Menifee, CA 92586 (951)672-6777 (951)672-6777 Email: ckitzerow@cityofmenifee.us Email: jnicks@cityofmenifee.us DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 - 5 - VI.SPECIAL CONDITIONS CDBG–CV grants are subject to the requirements of the CARES Act, the authorities and conditions imposed on fiscal year 2020 CDBG grants, and the mandatory provisions of Notice FR-6218-N-01 and waivers and alternative requirements. VII.GENERAL CONDITIONS A.General Compliance The Department agrees to comply with the requirements of 24 CFR Part 570 (the HUD regulations concerning Community Development Block Grants) including subpart K of these regulations, except that (1) the Department does not assume the environmental responsibilities described in 24 CFR 570.604 and (2) the Department does not assume the responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Department also agrees to comply with all other applicable federal, state, and local laws, regulations, and policies governing the funds provided under this Agreement. The Department further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B.Grant Recognition The Department shall insure recognition of the role of the CDBG program in providing services through this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Department will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. C.Amendments Community Development Department or the Department may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by the contract representatives, and approved by the City Attorney. Such amendments shall not invalidate this Agreement, nor relieve or release Community Development Department or the Department from its obligations under this Agreement. Community Development Department may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Community Development Department and the Department. D.Suspension or Termination In accordance with 2 CFR 200.338 – 200.342, Community Development Department may suspend or terminate this Agreement if the Department materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1.Failure to comply with any of the 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; DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 - 6 - 2. Failure, for any reason, of the Department to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4.Submission by the Department to Community Development Department reports that are incorrect or incomplete in any material respect. Alternatively, this Agreement may be terminated for convenience by either Community Development Department or the Department, 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, Community Development Department determines that the remaining portion of the funds will not accomplish the purpose for which the award of funds was made, Community Development Department may terminate this Agreement in its entirety. VIII.ADMINISTRATIVE REQUIREMENTS A.Financial Management 1. Accounting Standards The Department agrees to comply with 2 CFR 200.300 – 200.309, 200.327 – 200.329, and 200.333, which includes adhering to the accounting principles and procedures required therein, utilizing adequate internal controls, and maintaining necessary source documentation for all costs incurred. 2.Cost Principles The Department shall administer its program in conformance with OMB Circular A-87, “Cost Principles for State, Local, and Indian Tribal Governments”, as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B.Documentation and Record Keeping 1.Records to be Maintained The Department shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a.Records providing a full description of each activity undertaken; b.Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c.Records required to determine the eligibility of activities; d.Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e.Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 - 7 - f.Financial records as required by 24 CFR 570.502, and 24 CFR 85.21−26; and g.Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2.Retention The Department shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of five (5) years. The retention period begins on the date of the submission of the City of Menifee’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. 3.Client Data The Department 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 Community Development Department monitors or their designees for review upon request. 4.Disclosure The Department understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of Community Development Department’s or the Department’s responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5.Close-outs The Department’s obligation to Community Development Department shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to Community Development Department), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Department has control over CDBG Funds, including program income. 6.Audits & Inspections All Department records with respect to any matters covered by this Agreement shall be made available to Community Development Department, the grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 - 8 - make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Department within thirty (30) days after receipt by the Department. Failure of the Department to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. C.Reporting and Payment Procedures 1.Program Income The Department shall report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG Funds made available under this Agreement. The use of program income by the Department shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Department may use such income during the term of this Agreement for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to Community Development Department at the end of the term of this Agreement. Any interest earned 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 Community Development Department. 2.Indirect Costs If indirect costs are charged, the Department will develop an indirect cost allocation plan for determining the appropriate Department’s share of administrative costs and shall submit such plan to Community Development Department for approval, in a form specified by Community Development Department. The Department’s indirect cost allocation plan will conform to the requirements of 2 CFR 200.417. 3.Payment Procedures Community Development Department will pay to the Department funds available under this Agreement based upon information submitted by the Department and consistent with any approved budget and Community Development Department policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Department, and not to exceed actual cash requirements. Payments will be adjusted by Community Development Department in accordance with advance fund and program income balances available in Department accounts. In addition, Community Development Department reserves the right to liquidate funds available under this Agreement for costs incurred by Community Development Department on behalf of the Department. 4.Progress Reports The Department shall submit regular progress reports to Community Development Department in the form, content, and frequency as required by Community Development Department. DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 - 9 - D.Procurement 1.Compliance The Department shall comply with current Community Development Department policy concerning the purchase of equipment and shall maintain inventory records of all 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 Community Development Department upon termination or expiration of this Agreement. 2.OMB Standards Unless specified otherwise within this Agreement, the Department shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.317 – 200.326. 3.Travel The Department shall obtain written approval from Community Development Department for any travel outside the metropolitan area with funds provided under this Agreement. 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 2 CFR Part 200 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1.The Department shall transfer to Community Development Department any CDBG Funds on hand and any accounts receivable attributable to the use of CDBG Funds under this Agreement at the time of expiration, cancellation, or termination. 2.Real property under the Department’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 may not change the use from that for which the acquisition or improvement was made unless affected citizens are provided with reasonable notice of, and opportunity to comment on, any proposed change, and the new use of such property qualifies as meeting one of the CDBG National Objectives pursuant to 24 CFR 570.208. If the Department fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective, the Department shall pay Community Development Department an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to Community Development Department. The real property acquired or improved under this Agreement will no longer be subject to any CDBG requirements at such time as five years after the closeout of the City of Menifee’s participation in the entitlement CDBG Program. 3.In all cases in which equipment acquired, in whole or in part, with 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 DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 - 10 - equipment). Equipment not needed by the Department for activities under this Agreement shall be (a) transferred to Community Development Department for the CDBG program or (b) retained by the Department after compensating Community Development Department in an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Department agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under Section 104(d) of Title I of the Housing and Community Development Act of 1974 as amended (“HCDA”); and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. The Department shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG- assisted project. The Department also agrees to comply with applicable Community Development Department or City of Menifee ordinances, resolutions, and policies concerning the displacement of persons from their residences. X. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Department agrees to comply with local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the HCDA, Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act of 1990, as amended, the Age Discrimination Act of 1975, as amended, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 2. Nondiscrimination The Department agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of Title I of the HCDA are still applicable. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Department shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 -11 - in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City of Menifee and the United States are beneficiaries of and entitled to enforce such covenants. The Department, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.Section 504 The Department agrees to comply with all Federal regulations issued pursuant to authority granted by Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program or activity. Community Development Department shall provide the Department with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B.Affirmative Action 1.Approved Plan The Department agrees that it shall be committed to carry out pursuant to Community Development Department’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1965. 2.Women- and Minority-Owned Businesses (W/MBE) The Department will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms “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 business enterprises and women’s business enterprises” mean businesses at least fifty-one (51) percent 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. The Department may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.Access to Records The Department shall furnish and cause each of its own divisions or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by Community Development Department, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4.Notifications The Department will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 -12 - representative of the Department’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5.Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Department will, in all solicitations or advertisements for employees placed by or on behalf of the Department, state that it is an Equal Opportunity or Affirmative Action employer. 6.Subcontract Provisions The Department will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own divisions or subcontractors. C.Employment Restrictions 1.Prohibited Activity The Department is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2.Labor Standards The Department agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Department agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Department shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to Community Development Department for review upon request. The Department agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work Community Development in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by Community Development Department pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Department of its obligation, if any, to require payment of the higher wage. The Department shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 -13 - 3.“Section 3” Clause a.Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon Community Development Department, the Department and any of the Department’s divisions and subcontractors. Failure to fulfill these requirements shall subject Community Development Department, the Department and any of the Department’s divisions and subcontractors, their successors and assigns, to those sanctions specified by this Agreement through which Federal assistance is provided. The Department certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Department further agrees to comply with these “Section 3” requirements and to include the language required by 2 CFR 135.38 in all subcontracts executed under this Agreement. The Department further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Department certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b.Notifications The Department agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 -14 - c.Subcontracts The Department will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by HUD. The Department will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D.Conduct 1.Assignability The Department shall not assign or transfer any interest in this Agreement without the prior written consent of Community Development Department thereto; provided, however, that claims for money due or to become due to the Department from Community Development Department under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Community Development Department. 2. Subcontracts a.Approvals The Department shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of Community Development Department prior to the execution of such subcontracts. b.Monitoring The Department will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c.Content The Department shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d.Selection Process The Department shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to Community Development Department along with documentation concerning the selection process. DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 -15 - 3.Hatch Act The Department agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4.Conflict of Interest The Department agrees to abide by the provisions of 24 CFR 570.611, which include (but are not limited to) the following: a.The Department 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. b.No employee, officer or agent of the Department 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. c.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 City of Menifee, the Department, or any designated public agency. 5.Lobbying The Department hereby certifies that: a.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 b.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; b.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 DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 -16 - complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and c.It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Departments shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of 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. 6.Copyright If this Agreement results in any copyrightable material or inventions, the City of Menifee and/or HUD reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7.Religious Activities The Department agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. XI. ENVIRONMENTAL CONDITIONS A.Air and Water The Department agrees to comply with the following requirements insofar as they apply to the performance of this 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 -Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B.Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Department shall assure that for activities located in an area identified by the Federal Emergency Management Agency (“FEMA”) as having special flood hazards, flood insurance under DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 -17 - the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C.Lead-Based Paint The Department agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. D.Historic Preservation The Department agrees to 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 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this 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. XII.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. XIII.SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIV. WAIVER Community Development Department’s failure to act with respect to a breach by the Department does not waive its right to act with respect to subsequent or similar breaches. The failure of Community Development Department to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XV.ENTIRE AGREEMENT This agreement constitutes the entire agreement between Community Development Department and the Department 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 Community Development Department and the Department with respect to this Agreement. DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 Agreement, Community Development – Community Services December 2021 -18 - Date IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. Community Development Department Community Services Department By_________________________________ By________________________________ Jonathan Nicks, Community Services Director Cheryl Kitzerow, Community Development Director DocuSign Envelope ID: 2A8D3050-B734-4F94-918F-4A5364CC4808 1/3/2022