2022/12/14 Michelle's Place - Cancer Resource Center COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN CITY OF MENIFEE AND MICHELLE'S PLACE - CANCER RESOURCE CENTER FOR PUBLIC SERVICES FOR THE CITY OF MENIFEE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMCOMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN
CITY OF MENIFEE
AND MICHELLE'S PLACE - CANCER RESOURCE CENTER
FOR
PUBLIC SERVICES FOR THE CITY OF MENIFEE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
(“Agreement”), entered as of this day of by and between the CITY OF
MENIFEE, a California municipal corporation (“Grantee”), and
MICHELLE'S PLACE - CANCER RESOURCE CENTER, a California nonprofit corporation
(“Subrecipient”).
R E C I T A L S
WHEREAS, Grantee participates in the Community Development Block Grant program
administered by the United States Department of Housing and Urban Development (“HUD”)
under Title I of the Housing and Community Development Act of 1974 (42 U.S.C. §§ 5301 et seq.) as
amended from time to time, and the regulations promulgated thereunder (24 C.F.R. §§ 570 et
seq.). Pursuant to the Community Development Block Grant program, Grantee receives funds
from HUD (“CDBG Funds”) to be used for the support of community development activities that
meet at least one of the three national objectives of the program: (i) benefiting low- and moderate-
income persons, (ii) preventing and eliminating slums and blight, and (iii) addressing a community
development need having a particular urgency;
WHEREAS, Subrecipient is a nonprofit organization dedicated to providing services to individuals and families who are dealing with a cancer diagnosis in the Menifee Valley, which
includes portions of Grantee;
WHEREAS, Subrecipient desires to utilize CDBG Funds to provide services to the people in
the Menifee Valley, including residents of Grantee;
WHEREAS, Grantee desires to assist Subrecipient with the foregoing by providing
financial assistance to Subrecipient in the form of a grant of CDBG Funds in the amount not to
exceed Ten Thousand Three-Hundred and Thirty-Four Dollars ($10,334.00) (“City Grant”)
to be used by Subrecipient for certain expenses related to the Program, more particularly
described herein as the “Eligible Project Expenses”; and
WHEREAS, Grantee’s provision of the City Grant to Subrecipient pursuant to this
Agreement, and the fulfillment generally of this Agreement, are in the vital and best interests of
Grantee and the welfare of its residents, and in accordance with the purpose and provisions of the
Community Development Block Grant program.
NOW, THEREFORE, based upon the foregoing Recitals and for good and valuable
consideration, the receipt and sufficiency of which is acknowledged by both parties, Grantee and
Subrecipient hereby agree as follows:
12965474.1 a07/08/21
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I.SCOPE OF SERVICE
A.Activities
Subrecipient will be responsible for administering a Community Development Block
Grant (“CDBG”) Year 2022/2023 Public Services Program (“Program”) in a manner
satisfactory to Grantee and consistent with any standards required as a condition of providing
these funds. Such program will include the following activities eligible under the CDBG
program:
Program Delivery
Activity #1: Michelle's Place will offer Patient Navigation Services that include one-on-one
client sessions to at least sixty-two (62) low moderate income ("LMI") persons. Sessions would aide in answering questions regarding the diagnosed cancer, financial assistance, transportation to appointments, support groups and activities.
General Administration
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: (i) benefiting low- and moderate-income persons, (ii) preventing and eliminating slums
and blight, and (iii) addressing a community development need having a particular urgency, as
defined in 24 C.F.R. § 570.208.
Subrecipient certifies that the Services will meet one of the CDBG program’s national
objectives by providing services that directly benefit LMI persons. Subrecipient will provide the
Services to a minimum of At least sixty-two (62) LMI persons. Subrecipient shall
document and maintain records of the number of LMI persons served throughout the year.
C.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 sixty-two (62) L MI 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).
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Riverside County Area Median Income (FY 2022): $87,400
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 $18,500 $1,542 $30,800 $2,567 $49,300 $4,108
2 $21,150 $1,763 $35,200 $2,933 $56,350 $4,696
3 $23,800 $1,983 $39,600 $3,300 $63,400 $5,283
4 $27,750 $2,313 $44,000 $3,667 $70,400 $5,867
5 $32,470 $2,706 $47,550 $3,963 $76,050 $6,338
6 $37,190 $3,099 $51,050 $4,254 $81,700 $6,808
7 $41,910 $3,493 $54,600 $4,550 $87,300 $7,275
8 $46,630 $3,886 $58,100 $4,842 $92,950 $7,746
D.Staffing
Subrecipient shall ensure adequate and appropriate staffing is allocated to performance of
the Services. Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating, or establishing the relationship of employer/employee between the parties.
Subrecipient shall at all times remain an “independent contractor” with respect to the services to
be performed under this Agreement. Grantee shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers’ Compensation
Insurance, as Subrecipient is an independent contractor.
E.Performance Monitoring
Grantee will monitor the performance of Subrecipient against goals and performance
standards stated above. Substandard performance as determined by Grantee will constitute
noncompliance with this Agreement. If action to correct such substandard performance is not
taken by Subrecipient within ten (10) days after being notified by Grantee of such substandard
performance, Grantee may, but is not required to, initiate contract suspension or termination
procedures to suspend or terminate this Agreement.
II.TIME OF PERFORMANCE
The term of this Agreement is from July 1, 2022 through June 30, 2023. The term of this
Agreement and the provisions herein shall be extended to cover any additional time during which
Subrecipient remains in control of CDBG Funds or other CDBG asset, including Program income.
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III. BUDGET
Subrecipient shall apply the City Grant funds received from Grantee under this Agreement
in accordance with the line-item budget set forth as follows:
Eligible Project Expense Amount
000
$0
$0
$0
$0
$0
$0
$0
$0
Salaries
Fringe
Office Space (Program only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Audit
2WKHU 334
TOTAL $10,334
Any indirect costs charged must be consistent with the conditions of this Agreement. In
addition, Grantee may require a more detailed budget breakdown than the one contained herein,
and Subrecipient shall provide such supplementary budget information in a timely fashion in the
form and content prescribed by Grantee. Any amendments to the budget must be approved in
writing by both Grantee and Subrecipient.
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by Grantee under this
Agreement shall not exceed Ten Thousand Three-Hundred and Thirty-Four Dollars
($10,334.00). Drawdowns for the payment of Eligible Project Expenses shall be made against
the line-item budget specified in Section III (Budget) herein and in accordance with
performance of the Services. Expenses for general administration shall also be paid against
the line-item budgets specified in Section III (Budget) and in accordance with performance of the
Services.
City Grant payments shall be made to: MICHELLE'S PLACE - CANCER RESOURCE CENTER 41699 Winchester Road
Temecula, Ca 92590
Payments may be contingent upon certification of Subrecipient’s financial management
system in accordance with the standards specified in 24 C.F.R. § 84.21.
V. NOTICES
Subrecipient shall notify Grantee of any of the following changes:
x Loss of Non-Profit Status; or
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x Change in leadership of Subrecipient or changes in staff administering this Agreement.
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means.
Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
Communication and details concerning this contract shall be directed to the following
contract representatives:
Grantee Subrecipient
Edna Lebron, Sr. Management Analyst
City of Menifee
29844 Haun Road
Menifee, CA 92586
Phone: (951) 672-6777
Fax: (951) 679-3843
Kim Gerrish, Executive Director Jan Geller, Vice President
41699 Winchester Road
Temecula, Ca 92590
Phone: 951-699-5455
VI. SPECIAL CONDITIONS
None
VII. GENERAL CONDITIONS
A. 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 A attached to this Agreement. Subrecipient further agrees to utilize funds available under
this Agreement to supplement rather than supplant funds otherwise available. In the case of any
conflict between the CDBG Requirements and this Agreement, the CDBG Requirements shall
control; it being understood, however, that to be in compliance with this Agreement and the CDBG
Requirements, Subrecipient shall, to the extent possible, comply with the most restrictive
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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.
B. Hold Harmless
Subrecipient shall indemnify, defend, and hold harmless Grantee and its officers, officials,
employees, representatives, and agents (each, an “Indemnitee”) from and against any and all
liability, expense or damage of any kind or nature, and for, from and against any suits, claims or
demands, including legal fees and expenses, on account of or arising out of this Agreement or
otherwise in connection with the Program or Services, except to the extent of such loss as may be
caused by the sole negligence or willful misconduct of an Indemnitee. Upon receiving knowledge
of any suit, claim or demand asserted by a third party that Grantee believes is covered by this
indemnity, Grantee shall give Subrecipient written notice of the matter and an opportunity to
defend it, at Subrecipient’s sole cost and expense, with legal counsel satisfactory to Grantee.
C. Workers’ Compensation
Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
D. Insurance & Bonding
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket
fidelity bond covering all employees in an amount equal to the amount of the City Grant.
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Subrecipient shall comply with the bonding and insurance requirements of 24 C.F.R.
§§ 84.31 and 84.48, Bonding and Insurance.
Subrecipient will not be relieved of any liability, claims, demands, or other obligations
assumed by its failure to procure or maintain insurance, or its failure to procure or maintain
insurance in sufficient amounts, durations, or types.
Subrecipient shall name Grantee and its officers, officials, employees, volunteers, agents,
and representatives as an additional insured under its general liability insurance and provide a copy
of its insurance certificate(s) to Grantee.
Failure on the part of Subrecipient to procure or maintain policies providing the required
coverages, conditions, and minimum limits will constitute a material breach of this Agreement,
upon which Grantee may immediately terminate this Agreement.
E. Licensing
Subrecipient agrees to comply with and obtain at its own expense, if necessary, all
applicable Federal, state, county, or municipal standards for licensing, certifications and operation
of facilities and programs, including the Program, and accreditation and licensing of individuals,
and any other standards or criteria as described in this Agreement to assure quality of the Services.
In the event of an investigation or suspension regarding any Subrecipient license related to
the Services under this Agreement, Grantee may terminate this Agreement and withhold further
City Grant funds. In addition, monies already received under this Agreement may be owed back
to Grantee.
F. Grantee Recognition
Subrecipient shall ensure recognition of the role of Grantee in providing Services through
this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be
prominently labeled as to funding source. In addition, Subrecipient will include a reference to the
support provided herein in all publications made possible with City Grant funds under this
Agreement.
G. Amendments
Grantee or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each party, and approved by Grantee’s governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release Grantee or Subrecipient
from its obligations under this Agreement.
Grantee may, in its discretion, amend this Agreement to conform with Federal, state, or
local governmental guidelines, policies, and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of Services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be incorporated only
by written amendment signed by both Grantee and Subrecipient.
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H. Suspension or Termination
In accordance with 24 C.F.R. § 85.43, Grantee may suspend or terminate this Agreement
if Subrecipient materially fails to comply with any terms of this Agreement, which include (but
are not limited to) the following:
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;
2. Failure, for any reason, of Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of City Grant funds provided under this Agreement; or
4. Submission by Subrecipient to Grantee reports that are incorrect or incomplete in
any material respect.
In accordance with 24 C.F.R. § 85.44, this Agreement may also be terminated for
convenience by either Grantee or Subrecipient, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial termination, the portion to be
terminated. However, if in the case of a partial termination, Grantee determines that the remaining
portion of the City Grant funds will not accomplish the purpose for which the grant was made,
Grantee may terminate this Agreement in its entirety.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
Subrecipient agrees to comply with 24 C.F.R. §§ 84.21 – 84.28 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
2. Cost Principles
Subrecipient shall administer its program in conformance with the requirements of The
Office of Management and Budget (OMB)”Super Circular” 2 CFR Part 200, which includes the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal
awards, as applicable. The Super Circular guidance superseded and consolidated the requirements
from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, A-133, and A-50. These principles
shall be applied for all costs incurred whether charged on a direct or indirect basis.
[Note: For the above sections, if Subrecipient is a governmental or quasi-governmental agency,
the applicable section of 24 C.F.R. Part 85, “Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments,” and OMB Circular A-87 would
apply.]
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B. Documentation and Record Keeping
1. Records to be Maintained
Subrecipient shall maintain all records required by the Federal regulations specified in 24
C.F.R. § 570.506, that are pertinent to the activities to be funded under this Agreement. Such
records shall include but not be limited to:
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;
f. Financial records as required by 24 C.F.R. § 570.502, and 24 C.F.R.
§§ 84.21 – 84.28; and
g. Other records necessary to document compliance with Subpart K of
24 C.F.R. Part 570.
2. Retention
Subrecipient shall retain all financial records, supporting documents, statistical records,
and all other records pertinent to this Agreement for a period of five (5) years. The retention period
begins on the date of the submission of Grantee’s annual performance and evaluation report to
HUD in which the Services under this Agreement are reported on for the final time.
Notwithstanding the above, if there is any litigation, claim, audit, negotiation, or other action that
involves any of the records cited and that has started before the expiration of the five-year retention
period, then such records must be retained until completion of the litigation, claim, audit,
negotiation, or other action and the resolution of all issues, or until the expiration of the five-year
period, whichever occurs later.
3. Client Data
Subrecipient shall maintain client data demonstrating client eligibility for Services
provided. Such data shall include, but not be limited to, client name, address, income level or
other basis for determining eligibility, and description of service provided. Such information shall
be made available to Grantee monitors or their designees for review upon request.
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4. Disclosure
Subrecipient understands that client information collected under this contract is private and
the use or disclosure of such information, when not directly connected with the administration of
Grantee’s or Subrecipient’s responsibilities with respect to the Services provided under this
Agreement, is prohibited unless written consent is obtained from such person receiving service
and, in the case of a minor, that of a responsible parent/guardian of person receiving service.
5. Close-outs
Subrecipient’s obligation to Grantee shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to: making
final payments, disposing of program assets (including the return of all unused materials,
equipment, unspent cash advances, program income balances, and accounts receivable to Grantee),
and determining the custodianship of records. Notwithstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that Subrecipient has control over CDBG
Funds, including program income.
Subrecipient will have thirty (30) days after the end of the period defined in Section II
(Time of Performance) to submit all final reimbursement request(s), progress reports, and a
comprehensive annual report.
6. Audits & Inspections
Subrecipient records with respect to any matters covered by this Agreement shall be made
available to Grantee, HUD, and the Comptroller General of the United States or any of their
authorized representatives, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by Subrecipient within thirty (30) days
after receipt by Subrecipient of the audit report. Failure of Subrecipient to comply with the above
audit requirements will constitute a violation of this Agreement and may result in the withholding
by Grantee of future payments of the City Grant. Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning subrecipient audits
and with the requirements of The Office of Management and Budget (OMB)”Super Circular” 2
CFR Part 200, which includes the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for federal awards, as applicable. The Super Circular guidance superseded
and consolidated the requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102,
A-133, and A-50..
C. Reporting and Payment Procedures
1. Program Income
Subrecipient shall report quarterly all program income (as defined at 24 C.F.R.
§ 570.500(a)) generated by activities carried out with CDBG Funds made available under this
Agreement. The use of program income by Subrecipient shall comply with the requirements set
forth at 24 C.F.R. § 570.504. By way of further limitations, Subrecipient may use such program
income during the term of this Agreement and shall reduce requests for additional City Grant funds
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by the amount of any such program income balances on hand. All unexpended program income
shall be returned to Grantee at the end 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 Grantee.
2. Indirect Costs
If indirect costs are charged, Subrecipient will develop an indirect cost allocation plan for
determining the appropriate Subrecipient’s share of administrative costs and shall submit such plan
to Grantee for approval, in a form specified by Grantee.
3. Payment Procedures
Grantee shall reimburse Subrecipient only for actual incurred costs upon presentation of
properly executed reimbursement forms as provided and approved by Grantee. Only those Eligible
Project Expenses directly related to this Agreement shall be reimbursed. The amount of each
request must be limited to the amount needed for payment of Eligible Project Expenses.
In the event that Grantee or HUD determines that any CDBG Funds were expended by
Subrecipient for unauthorized or ineligible purposes or the expenditures constitute disallowed
costs in any other way, Grantee or HUD may order repayment of the same. Subrecipient shall
remit the disallowed amount to Grantee within thirty (30) days of written notice of the
disallowance.
a. Subrecipient agrees that funds determined by Grantee to be surplus
upon completion of this Agreement will be subject to cancellation
by Grantee.
b. Subrecipient agrees that upon expiration of this Agreement,
Subrecipient shall transfer to Grantee any CDBG Funds on hand at
the time of the expiration and any accounts receivable attributable
to the use of CDBG Funds.
c. Grantee shall be relieved of any obligation for payments if funds
allocated to Grantee cease to be available for any cause other than
misfeasance of Grantee itself.
d. Grantee reserves the right to withhold payments pending timely
delivery of program reports or documents as may be required under
this Agreement.
Payments by Grantee will be provided through a reimbursement/invoicing method only,
with payment issued by Grantee after actual costs have been incurred and paid by Subrecipient.
All costs shall be supported by properly executed payrolls, time records, invoices,
vouchers, or other official documentation, as evidence of the nature and propriety of the charges.
All accounting documents pertaining in whole or in part to this Agreement shall be clearly
identified and readily accessible, and upon reasonable notice, Grantee and HUD shall have the
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right to audit the records of Subrecipient as they relate to this Agreement and the activities and
services described herein.
Payment reimbursement requests shall be submitted by Subrecipient at a minimum on a
quarterly basis. Failure to submit reimbursement requests in a timely manner may lead to
reallocation of City Grant funds.
Subrecipient shall also:
a. Maintain an effective system of internal fiscal control and
accountability for all CDBG Funds and property acquired or
improved with CDBG Funds, and make sure the same are used
solely for the Services.
b. Keep a continuing record of all disbursements by date, check
number, amount, vendor, description of items purchased, and line
item from which the money was expended, as reflected in
Subrecipient’s accounting records.
c. Maintain payroll, financial, and expense reimbursement records for
a period of five (5) years after receipt of final payment under this
Agreement.
d. Permit inspection and audit of its records with respect to all matters
authorized by this Agreement by representatives of Grantee or HUD
at any time during normal business hours and as often as necessary.
e. Inform Grantee concerning any City Grant funds allocated to
Subrecipient, that Subrecipient anticipates will not be expended
during the term of this Agreement, and permit the reassignment of
the same by Grantee to other subrecipients.
f. Repay Grantee any funds in its possession at the time of the
termination or expiration of this Agreement that may be due to
Grantee or HUD.
g. Maintain complete records concerning the receipt and use of all
program income. Program income shall be reported on a monthly
basis on forms provided by Grantee.
4. Progress Reports
Subrecipient shall submit regular progress reports to Grantee in the form, content, and
frequency as required by Grantee. Progress reports must be submitted at a minimum on quarterly
basis. Reporting periods are defined in the following table:
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Quarter Reporting Period Due Date
1July-September October 20
2 October-December January 20
3 January-March April 20
4 March-June July 20
Along with the quarterly progress reports, Subrecipient shall provide Grantee with twenty-
five percent (25%) sampling of self-certification forms and ten percent (10%) sampling of income
verification for clients served that quarter. Subrecipient shall be responsible for retaining one
hundred percent (100%) certification and/or income certification forms for a minimum of five (5)
years along with other Program records.
Additionally, an annual comprehensive report including inventory of all Services provided
or performed with CDBG Funds, and financial report shall be submitted at the end of the program
year. The annual report shall be submitted no later than August 1st.
D. Procurement
1. Compliance
Subrecipient shall comply with current Grantee 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 Grantee upon termination
or expiration of this Agreement.
2. OMB Standards
Unless specified otherwise within this Agreement, Subrecipient shall procure all materials,
property, or services in accordance with the requirements of 24 C.F.R. §§ 84.40 – 84.48.
3. Travel
Subrecipient shall obtain written approval from Grantee for any travel outside the
metropolitan area with City Grant 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 24 C.F.R. Part 84 and 24 C.F.R. §§ 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
1. Subrecipient shall transfer to Grantee any CDBG Funds on hand and any
accounts receivable attributable to the use of CDBG Funds under this
Agreement at the time of expiration, cancellation, or termination.
2. In all cases in which equipment acquired, in whole or in part, with CDBG
Funds under this Agreement is sold, the proceeds shall be program income
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(prorated to reflect the extent to that funds received under this Agreement
were used to acquire the equipment). Equipment not needed by
Subrecipient for Services under this Agreement shall be (a) transferred to
Grantee for the CDBG program or (b) retained after compensating Grantee
an amount equal to the current fair market value of the equipment less the
percentage of non-CDBG Funds used to acquire the equipment.
F. DUNS and SAM.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 B. Failure to complete the
subaward identification notice form shall render Subrecipient ineligible to receive funds
under this agreement.
IX. REPRESENTATIONS AND WARRANTIES OF SUBRECIPIENT
Subrecipient makes the following representations and warranties as of the date of this
Agreement and agrees that such representations and warranties shall survive and continue
thereafter:
A. Authorization and Validation
The execution, delivery and performance by Subrecipient of this Agreement (i) are within
the powers of Subrecipient and upon its execution will constitute a legal, valid and binding
obligation of Subrecipient enforceable in accordance with its terms, and (ii) will not violate any
provisions of law, any order of any court or other agency of government, or any indenture,
agreement or any other instrument to which Subrecipient is a party or by which Subrecipient , or
any of its property, is bound, or be in conflict with, result in any breach of or constitute (with due
notice and/or lapse of time) a default under any such indenture, agreement or other instrument, or
result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever
upon any of its property or assets, except as contemplated by the provisions of this Agreement.
B. Correct Information
All reports, papers, data, and information given to Grantee with respect to Subrecipient and
this Agreement, including the Program are accurate and correct in all material respects and
complete insofar as completeness may be necessary to give Grantee a true and accurate knowledge
of the subject matters thereof, and there has been no change in such information.
C. Defaults
Subrecipient is not a party to any agreement or instrument that will interfere with its
performance under this Agreement, and is not in default in the performance, observance or
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fulfillment of any of the obligations, covenants or conditions set forth in any agreement or
instrument to which it is a party.
D. Pending Litigation
There is not now pending or threatened against or affecting Subrecipient any claim,
investigation, action, suit or proceeding at law, or in equity, or before any court or administrative
agency which, if adversely determined, would impair, or affect Subrecipient’s ability to perform
the Services.
E. Compliance
Subrecipient has examined and is familiar with all conditions, restrictions, reservations,
and ordinances affecting the performance of the Services. The Services will in all material respects
conform to and comply with all of the requirements of said conditions, restrictions, reservations,
and ordinances and performance of the Services shall conform in all respects with applicable
ordinances and statutes and shall be in accordance with all requirements of the regulatory
authorities having jurisdiction thereof.
X. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and
effect.
XI. SECTION 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.
XII. WAIVER
Grantee’s failure to act with respect to a breach by Subrecipient does not waive its right to
act with respect to subsequent or similar breaches. The failure of Grantee to exercise or enforce
any right or provision shall not constitute a waiver of such right or provision.
XIII. NONLIABILITY OF OFFICIALS AND EMPLOYEES
No member, official, employee, or contractor of Grantee shall be personally liable to
Subrecipient in the event of any default or breach by Grantee or for any amount which may become
due to Subrecipient or on any obligations under this Agreement. No member, official, employee,
or contractor of Subrecipient shall be personally liable to Grantee in the event of any default or
breach by Subrecipient or for any amount which may become due to Grantee or on any obligations
under this Agreement.
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XIV. APPLICABLE LAW; VENUE
The internal laws of the State of California shall govern the interpretation and enforcement
of this Agreement. All legal actions must be instituted and maintained in the Superior Court of
the County of Riverside, State of California, or in any other appropriate court in that County.
XV. EXECUTION IN COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
XVI. NO CONFLICT OF INTEREST
For the term of this Agreement, no member, officer, or employee of Grantee, during the
term of his or her service with Grantee, shall have any direct interest in this Agreement, or obtain
any present or anticipated material benefit arising therefrom. In addition, Subrecipient agrees to
file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with
Grantee’s Filing Officer if such filing is required under state law in connection with the
performance of the Services.
XVII. THIRD PARTY BENEFICIARIES
With the exception of the specific provisions set forth in this Agreement, there are no
intended third-party beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
XVIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Grantee and Subrecipient for the
use of funds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between Grantee and
Subrecipient with respect to this Agreement.
[Signatures on following page]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
[Grantee]
By:
Armando G. Villa, City Manager
Date:
Attest:
Stephanie Roseen, Acting City Clerk
Countersigned:
Regina Funderburk, Chief Financial Officer
APPROVED AS TO FORM:
Jeffrey Melching, City Attorney
[Subrecipient]
By:
Kim Gerrish, Executive Director
Date:
By:
Jan Geller, Vice President
Date:
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10/4/2022
7/28/2022
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12/14/2022
Kay Vinson
EXHIBIT “B”
PAGE 1 of 13
EXHIBIT A
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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EXHIBIT “A”
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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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EXHIBIT “A”
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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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EXHIBIT “A”
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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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EXHIBIT “A”
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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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EXHIBIT “A”
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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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EXHIBIT “A”
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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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EXHIBIT “B”
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EXHIBIT B
SUBAWARD IDENTIFICATION NOTICE
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Subrecipient Name: MICHELLE'S PLACE - CANCER RESOURCE CENTER
Subrecipient’s Unique Entity Identifier (DUNS): 104310342
Federal Award Identification Number (FAIN): B-22-MC-06-0604
Federal Award Date: July 1, 2022
Subaward Period of Performance: July 1, 2022 through June 30, 2023
Amount of Federal Funds ($) Obligated by this action by the pass-through entity
to the to the subrecipient: $10,334
ǀŝŝ͘Total Amount of Federal Funds Obligated to the subrecipient by the pass-through
entity including the current obligation: $10,334
ǀŝŝŝ͘Total Amount of Federal Award committed to the subrecipient by the
pass-through entity: $10,334
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Federal Award project description, as required to be responsive to the Federal
Funding Accountability and Transparency Act (FFATA):
Community Development Block Grant Program (CDBG) Entitlement (CFDA #14-218)City of
Menifee CDBG Public Services. Specifically, this program/project will entail the following:
Michelle's Place will offer Patient Navigation Services that include one-on-one client sessions to
at least sixty-two (62) low moderate income ("LMI") persons. Sessions would aide in answering
questions regarding the diagnosed cancer, financial assistance, transportation to appointments,
support groups and activities.
Name of the Federal Awarding agency, pass through entity, and contact
information for the awarding official of the Pass-through entity:
Federal Awarding Agency – U.S. Department of Housing & Urban Development (HUD)
Pass through Entity - City of Menifee, CA
Awarding Official - Armando Villa, City Manager (Phone: 951-672-6777)
City of Menifee
Finance Department
Federal Award Identification Notice
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xi.CFDA Number and Name:
14.218 (Community Development Block Grant/Entitlement Grants)
xii.Identification of whether the award is R&D: No
xiii.Indirect cost rate for the federal award (including if the de minimus rate is
charged per 200.414 Indirect F&A costs: $0/De Minimus
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