R2019-281 2019-11-25RESOLUTION NO. R2019-281
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a Subrecipient Agreement, in the
amount of $123,502.00, with the Pearland Neighborhood Center for the
expansion of City -owned property located at 2335 N. Texas Avenue.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Subrecipient Agreement, a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest the attached Subrecipient Agreement.
PASSED, APPROVED and ADOPTED this the 25th day of November, A.D., 2019.
ATTEST:
MARIA RODRISUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
�% '_ QX_
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
CDBG SUBRECIPIENT AGREEMENT
between
THE CITY OF PEARLAND, TEXAS
and
PEARLAND NEIGHBORHOOD CENTER
PREAMBLE AND RECITALS
Exhibit A
THIS AGREEMENT, entered into to be made effective on the 1ST day of October 2019, by and between
the City of Pearland (herein called the "Grantee" and/or "City") and Pearland Neighborhood Center
(herein called the "Subrecipient").
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title 1 of the Housing and Community Development Act of 1974, Public Law 97-383 Unit of Government
Code number 484080, application numbers B -15 -MC -48-0400 and B -19 -MC -48-0400;
WHEREAS, the primary purpose of the Community Development Block Grant (CDBG) Program,
pursuant Title 1 of the Housing and Community Development Act of 1974, is to benefit low- to moderate
income individuals and families;
WHEREAS, the Subrecipient has submitted an application to the Grantee for CDBG funds to provide the
above program, that has subsequently endured successful review and approval by U.S. Department of
Housing and Urban Development, and will perform the services in a manner satisfactory to the Grantee
and the Grantor;
WHEREAS, the Subrecipient has stated its intention to ensure the completion and compliance with
federal, State and local requirements, to document compliance with service area and low- and moderate -
income persons and households that meet one of the criteria for National Objectives set out in 24 C.F.R.
570.208 (a), in addition to the federal Uniform Administrative Requirements (UAR) as set forth in 2 CFR
Part 200; and
WHEREAS, the Subrecipient shall ensure recognition of the role of the Grantee in providing services
through this contract, prominently labeling all activities, facilities, and items utilized pursuant to this
contract recognizing the source of funds as City of Pearland CDBG.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is
agreed between the parties hereto that:
ARTICLE 1- PROJECT
SECTION 1: SCOPE OF SERVICE
A. Activities
1. Program Delivery
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Activity #1 Provide architectural and engineering design for an expansion of the existing
Pearland Neighborhood Center, located at 2335 North Texas Avenue, Pearland
TX 77581.
Activity #2 Provide decommissioning and demolition of existing construction impediments
to the expansion of the existing Pearland Neighborhood Center, located at 2335
North Texas Avenue, Pearland TX 77581; specifically:
a. Two inactive telephone poles on the actual property, that are not located
within the utility easement adjacent to the southern boundary of the property,
and
b. One ancillary storage building located on the southeast corner of the
facility/property.
Activity #3 Construct a 1,500 square foot structure to be seamlessly erected as an attached
space to the existing facility, to be used as pantry and distribution space for the
Subrecipient's food bank operations and other charitable items provided to low -
moderate income residents within the City of Pearland.
2. Administration
The Subrecipient is required to administer the financial, programmatic and regulatory compliance
measures necessary to meet HUD National Objectives as an independent contractor, and not as
an officer, agent, servant or employee of the Grantee.
3. Income Benefit Goals
It is anticipated that approximately 14,500 unduplicated low- to moderate -income clients will be
served over the course of this 12 -month Agreement. The goal is to serve 14,500 clients at the 0-
80% area median income (AMI) level (low -moderate income).
B. NationalObiectives
All activities funded with CDBG funds must meet one of the CDBG program's National Objectives:
benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or
meet community development needs having a particular urgency, as defined in 24 CFR 570.208.
The Subrecipient certifies that the activity/activities carried out under this Agreement will meet the
HUD Low -Moderate Income National Objective via Matrix Code 03E (Neighborhood Facilities), with
an ultimate goal of providing public/social services in the form of 05Q (Subsistence Payments) and
05W (Food Banks).
C. Goals and Performance Measures
The Subrecipient agrees to provide the following levels of program services:
Activity Units per Month Total Units/Year
Activity #3 279 Units 14,500 Units
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D. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards as stated above. Substandard performance as determined by the Grantee will constitute
noncompliance with this Agreement. If action to correct such substandard performance is not taken
by the Subrecipient within a reasonable period of time after being notified by the Grantee, suspension
or termination procedures will be initiated.
E. Special Conditions
The City requires that any and all activities involving construction projects be subject to local permitting
and planning ordinances/requirements, and that the Subrecipient incur such costs. The federal rules
governing federally -assisted construction projects shall apply, and the City is not responsible for the
Subrecipient's compliance with any federal, State and/or local rules, regulations and/or laws.
SECTION 2: PROJECT DESCRIPTION
Type of Project: Pearland Neighborhood Center Facility Expansion
Project Location: 2335 North Texas Avenue, Pearland TX 77581
Service Area: City -Wide
Matrix Code: 03E (Neighborhood Facilities), 05Q (Subsistence Payments) and 05W (Food Banks).
Basic Eligibility Citation: 24 CFR 570.201(c): Public Facilities and Improvements
Amount Funded: $123,502
SECTION 3: TERM OF AGREEMENT
The term of this Agreement is October 1, 2019 through September 30, 2020. The term of this Agreement
may be extended should additional time for auditing this project be required, in accordance with law; this
Agreement shall be deemed automatically extended until such time as the said audit shall be completed.
The provisions herein shall be extended to cover any additional time period during which the Subrecipient
remains in control of CDBG funds or other CDBG assets, including program income. Additionally, the
Grantee has monitored and cleared the Subrecipient of any and all applicable audit findings and/or
concerns related to review and inspection of the Subrecipient's management and oversight of CDBG
funds.
Otherwise, should the aforementioned provisions not be met in a timely manner, pursuant 24 CFR
570.902, any projects or capital improvement cost paid with more than $20,000 and up to $50,000 in
CDBG funds must be able to provide benefits to low- and moderate -income persons or areas for a
minimum of five (5) years at the project site. For projects exceeding $50,000 and up to $100,000 in CDBG
funds, the minimum continuing use is ten (10) years. Projects that exceed $100,000 to $150,000 in CDBG
funds must be held in the same use for at least fifteen (15) years. Projects that are over $150,000 to
$200,000 in CDBG funds must be held in the same use for twenty (20) years. Projects that have $200,000
or more in CDBG funds must continue to serve the low- to moderate -income population for a minimum
of twenty-five (25) years.
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SECTION 4: PROGRAM REPORTING
The Subrecipient shall submit such reports as required by the City to meet its local obligations and its
obligations to HUD. The City will prescribe the report format, as well as the time and location for
submission of such reports. Required reports include, but are not limited to the following:
A. Quarterly reports which shall include the progress made to date, or justification for lack of
progress, in providing the services specified in Article 1, Section 1: Scope of Services, of this
Agreement.
B. Quarterly reports on demographic and income information regarding persons assisted by the
Subrecipient through this Agreement.
C. Closeout reports including a final performance report, inventory of all property acquired or
improved by CDBG funds, and final financial report, upon termination or completion of the award.
ARTICLE 2- FINANCIAL MANAGEMENT
SECTION 1: PAYMENTS AND BUDGET
A. General Statement
The City shall reimburse the Subrecipient allowable costs for services identified in this Agreement not to
exceed One Hundred and Twenty -Three Thousand, Five Hundred and Two Dollars ($123,502) upon
presentation of properly executed reimbursement forms provided and approved by the City. Such
reimbursement shall constitute full and complete payment by the City under this Agreement. Allowable
costs shall mean those necessary and proper costs identified in the Subrecipient's application and budget
and approved by the City unless any or all such costs are disallowed by the State of Texas or HUD.
Any reimbursement made under this Agreement must comply with the applicable requirements of 24 CFR
Part 85. The Subrecipient may not request disbursement of funds under this Agreement until the funds
are needed for payment of allowable costs.
B. Payments
Reimbursement request must be submitted to the City of Pearland in accordance with instructions to be
provided to the Subrecipient under separate cover. Payments may be contingent upon certification of the
Subrecipient's financial management system in accordance with the standards specified in 24 CFR
84.21. Reimbursement payments shall be made to: Pearland Neighborhood Center.
Drawdowns for the payment of allowable costs shall be made against the line item budgets specified in
Paragraph C, below, herein and in accordance with performance. Expenses for general administration
shall also be paid against the line item budgets specified in Paragraph C and in accordance with
performance.
C. Budget
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Line Item Amount:
Architecture - Engineering $ 10,000
Demolition $ 13,000
Construction $100,502
TOTAL $123,502
In addition, the Grantee may require a more detailed budget breakdown than the one contained herein,
and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form
and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by
both the Grantee and the Subrecipient.
D. Closeout
Upon termination of this Agreement, in whole or in part for any reason including completion of the project,
the following provisions may apply:
A. Upon written request by the Subrecipient, the City shall make or arrange for payments to the
Subrecipient of allowable reimbursable costs not covered by previous payments;
B. Disposition of program assets (including the return of all unused materials, equipment, unspent
cash advances, program income balances, and accounts receivable to the Grantee);
C. The Subrecipient shall submit within thirty (30) days after the date of expiration of this Agreement,
all financial, performance and other reports required by this Agreement, and in addition, will
cooperate in a program audit by the City or its designee; and
D. Closeout of funds will not occur unless all requirements of 24 CFR 92.507 are met and all
outstanding issues with the Subrecipient have been resolved to the satisfaction of the City.
The Subrecipient's obligation to the Grantee shall not end until all closeout requirements are completed.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that
the Subrecipient has control over CDBG funds, including program income.
SECTION 2: DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
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, the City and HUD shall have the right to audit the records of the Subrecipient as
they relate to the Agreement and the activities and services described herein.
The 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
authorized purposes.
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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 the 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 the City or HUD at any time during normal business hours and as often as
necessary.
E. Inform the City concerning any funds allocated to the Subrecipient, that the Subrecipient
anticipates will not be expended during the term of this Agreement, and permit the reassignment
of the same by the City to other Subrecipients.
F. Repay the City any funds in its possession at the time of the termination of this Agreement that
may be due to the City 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 the City.
SECTION 3: REIMBURSEMENT
The City shall reimburse the Subrecipient only for actual incurred costs upon presentation of properly
executed reimbursement forms as provided and approved by the City. Only those allowable costs directly
related to this Agreement shall be paid. The amount of each request must be limited to the amount
needed for payment of eligible costs.
In the event that the City or HUD determines that any funds were expended by the Subrecipient for
unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the
City or HUD may order repayment of the same. The Subrecipient shall remit the disallowed amount to
the City within thirty (30) days of written notice of the disallowance.
A. The Subrecipient agrees that funds determined by the City to be surplus upon completion of the
Agreement will be subject to cancellation by the City.
B. The Subrecipient aggress that upon expiration of this Agreement, the Subrecipient shall transfer
to the City any CDBG funds on hand at the time of the expiration and any accounts receivable
attributable to the use of CDBG funds.
C. The City shall be relieved of any obligation for payments if funds allocated to the City cease to be
available for any cause other than misfeasance of the City itself.
D. The City reserves the right to withhold payments pending timely delivery of program reports or
documents as may be required under this agreement.
SECTION 4: PROGRAM INCOME
The Subrecipient shall report monthly on 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 Subrecipient shall comply with the requirements set forth at 24 CFR 570.504, 2
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CFR 200.80 and 2 CFR 200.307. By way of further limitations, the Subrecipient may use such income
only during the term of this Agreement and only 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 the City at the completion of the 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 the Grantee.
ARTICLE 3- GENERAL CONDITIONS AND REQUIREMENTS
SECTION 1: NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, 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.
Grantee/City Subrecipient
1St Level Joel Hardy Debbie Rubestello and/or Sean Murphy
2nd Level Jon Branson Sean Murphy
3 d Level Clay Pearson Sean Murphy
Address 3519 Liberty Drive 2335 N. Texas Avenue
Pearland, TX 77581 Pearland, TX 77581
SECTION 2: GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations,
Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development
Block Grants (CDBG)) including subpart J and subpart K of these regulations, except that (1) the
Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604
and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process
under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable
Federal, State and local laws, regulations, and policies governing the funds provided under this
Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
The Subrecipient shall comply with all applicable Federal laws, regulations, and requirements and all
provisions of this Agreement, which include compliance with the provisions of the HCD Act and all rules,
regulations, guidelines, and circulars promulgated by the various Federal departments, agencies,
administrations, and commissions relating to the CDBG Program. The applicable laws and regulations
include, but are not limited to:
■ 2 CFR Part 200
■ 24 CFR Part 570;
■ 24 CFR Parts 84 and 85;
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■ OMB Circular A-87 "Cost Principles for State and Local Governments," or OMB Circular A-
110, or OMB Circular A-122 "Cost Principles for Non -Profit Organizations," or OMB Circular
A-21 "Cost Principles for Educational Institutions";
■ OMB Circular A-128, "Audits of State and Local Governments" or OMB Circular A-133 "Audits
of Institutions of Higher Education and Other Non -Profit Institutions";
■ The Davis -Bacon Fair Labor Standards Act;
■ The Contract Work Hours and Safety Standards Act of 1962;
■ Copeland "Anti -Kickback" Act of 1934;
■ Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended (URA);
■ Title VI of the Civil Rights Act of 1964; (Public Law 88-352 implemented in 24 CFR Part 1)
■ Fair Housing Act, Title Vlll of the Civil Rights Act of 1968 (Public Law 90-234 and Executive
Order 11063 as amended by Executive Order 12259 (implemented in 24 CFR Part 107);
■ Sections 104(b) and 109 of the Housing and Community Development Act of 1974;
■ Section 3 of the Housing and Urban Development Act of 1968;
■ Equal employment opportunity and minority business enterprise regulations established in 2
C.F.R. Part 200, Appendix ll, % C and24 CFR part 570.904;
■ Non-discrimination in employment, established by Executive Order 11246 (as amended by
Executive Orders 11375 and 12086);
■ Section 504 of the Rehabilitation Act of 1973 Uniform Federal Accessibility;
■ The Architectural Barriers Act of 1968;
■ The Americans With Disabilities Act (ADA) of 1990;
■ The Age Discrimination Act of 1975, as amended;
■ National Environmental Policy of 1969 (42 USC 4321 et seq.), as amended;
■ Lead Based paint regulations established in 24 CFR Parts 35, 570.608, and 24 CFR 982.401;
■ Asbestos guidelines established in CPD Notice 90-44;
■ HUD Environmental Criteria and Standards (24 CFR Part 51);
■ The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;
■ Historic Preservation Act of 1966, as amended, and related laws and Executive Orders;
■ Executive Order 11988, Floodplain Management, 1977 (42 FR 26951 et seq.);
■ Flood Disaster Protection Act of 1973.
B. "Independent Contractor"
Nothing contained in this Agreement is intended, nor shall be construed in any manner to create or
establish the relationship of employer/employee between the Grantee and the Subrecipient. The
Subrecipient shall, at all times, remain an "independent contractor" with respect to the services to be
performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance,
as the Subrecipient is an independent contractor.
C. Hold Harmless
To the extent permitted by law, the Subrecipient agrees to hold harmless, defend and indemnify the City
and its appointed and elected officers and employees from and against any and all liability, loss, costs,
damage and expense, including costs and attorney fees in defense thereof because of any actions,
claims, lawsuits, damages, charges and judgments whatsoever that arise out of the Subrecipient's
performance or nonperformance of the services or subject matter called for in this Agreement.
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D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees
involved in the performance of this Agreement.
E. Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect Agreement 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 cash advances from the Grantee. The Subrecipient shall
comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48.
The certificates of insurance shall be provided to the City by the Subrecipient's insurance agent or carrier
as evidence that policies providing the required coverages, conditions, and minimum limits are in full
force and effect. Insurance limits must be on each Certificate of Insurance. Each Certificate of Insurance
shall be reviewed and approved by the City prior to commencement of this Agreement. No other form of
certificate shall be used.
The 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.
Failure on the part of the Subrecipient to procure or maintain policies providing the required coverages,
conditions and minimum limits will constitute a material breach of this Agreement, upon which the City
may immediately terminate this contract.
F. Licensing
The Subrecipient agrees to comply with and obtain at its own expense, if necessary, all applicable
Federal, State, City or Municipal standards for licensing, certifications and operation of facilities and
programs, and accreditation and licensing of individuals, and any other standards or criteria as described
in this Agreement to assure quality of services.
In the event of an investigation or suspension regarding any Subrecipient license related to the services
for which the City is providing funding under this Agreement, the City may terminate this Agreement and
withhold further Agreement funds. In addition, monies already received under this Agreement may be
owed back to the City.
G. Amendments
The parties 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 organization, and approved by the Grantee's governing body. Such amendments shall not invalidate
this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this
Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, State or
local governmental guidelines, policies or 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. Failure to Perform
In the event of a failure by the Subrecipient to comply with any terms or conditions of this Agreement or
to provide in any manner activities or other performance as agreed herein, the City reserves the right to
temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part
of the Agreement, or prohibit the Subrecipient from incurring additional obligation of funds until the City
is satisfied that corrective action has been taken or completed. The option to withhold funds is in addition
to, and not in lieu of the City's right to suspend or terminate this Agreement. The City may consider
performance under this Agreement when considering future awards.
I. Suspension or Termination
The Grantee may pursue such remedies as are available to it in accordance with 2 CFR Part 200,
Appendix II, % A and 24 CFR 85.43, including but not limited to suspension or termination of this
Agreement, if the Subrecipient materially fails to comply with any terms or conditions of this Agreement,
which include, but are not limited to, the following:
A. 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;
B. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement;
D. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any
material respect; or
E. Failure to take satisfactory corrective action as directed by the City.
In accordance with 2 C.F.R. Part 200, Appendix II, ¶ B and 24 CFR 85.44, this Agreement may also be
terminated for convenience by either the Grantee or the 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. If, in the case of a partial termination, however, the Grantee determines that the remaining
portion of the award will not accomplish the purpose for which the award was made, the Grantee may
terminate the award in its entirety.
In the event that funding from the Federal government is withdrawn, reduced or limited in any way after
the effective date of this Agreement but prior to its normal completion, the City may summarily terminate
this Agreement as to the funds reduced or limited, notwithstanding any other termination provisions of
this agreement.
Termination under this Section shall be effective upon receipt of written notice.
In the case of a suspension or termination, monies already received under this Agreement may be owed
back to the City and the City may also declare the Subrecipient ineligible for further participation in the
CDBG program.
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SECTION 3: ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 24 CFR 84.21-28 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
The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," 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 Subrecipient 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 are not be limited to:
■ Records providing a full description of each activity undertaken;
■ Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
■ Records required to determine the eligibility of activities;
■ Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CDBG assistance;
■ Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
■ Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
■ Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical records, and
all other records pertinent to the Agreement for a period of five (5) years. The retention period
begins on the date of the submission of the Grantee'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 are litigation, claims, audits, negotiations or other actions that
involve any of the records cited and that have started before the expiration of the five year period,
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then such records must be retained until completion of the actions and resolution of all issues, or
the expiration of the five year period, whichever occurs later.
3. Client Data
The 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, demographic information and description of service provided. Such
information shall be made available to Grantee monitors or their designees for review upon
request.
4. Disclosure
The 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
the Grantee's or Subrecipient'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. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made
available to the 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 the Subrecipient within thirty (30) days
after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the withholding of
future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in
accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133.
C. Citizen Participation
The Subrecipient will have processes in place (satisfaction surveys, Board representation, grievance
procedures, etc.) which receive, document and utilize the input from low-income persons potentially
benefiting or affected by the program or project covered under this Agreement.
D. Procurement
1. Compliance
The 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 (unexpended program
income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement.
2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all materials,
property, or services in accordance with the requirements of 24 CFR 84.40-48.
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2. Debarment and Suspension
Non-federal entities and contractors are subject to the debarment and suspension regulations
implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order
12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland
Security's regulations at 2 C.F.R. Part 3000 (Non -procurement Debarment and Suspension).
These regulations restrict awards, subawards, and contracts with certain parties that are
debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ H; and Procurement
Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules):
Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field
Manual Chapter IV, ¶ 6.d, and Appendix C, % 2 [hereinafter PDAT Supplement]. A contract award
must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained
by the General Services Administration that contains the names of parties debarred, suspended,
or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at
www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV, ¶ 6.d and Appendix C, ¶
2.
a. In general, an "excluded" party cannot receive a Federal grant award or a contract within the
meaning of a "covered transaction," to include subawards and subcontracts. This includes
parties that receive Federal funding indirectly, such as contractors to recipients and
subrecipients. The key to the exclusion is whether there is a "covered transaction," which is
any non -procurement transaction (unless excepted) at either a "primary" or "secondary" tier.
Although "covered transactions" do not include contracts awarded by the Federal Government
for purposes of the non -procurement common rule and DHS's implementing regulations, it
does include some contracts awarded by recipients and subrecipient.
b. Specifically, a covered transaction includes the following contracts for goods or services:
a. The contract is awarded by a recipient or subrecipient in the amount of at least
$25,000.
b. The contract requires the approval of FEMA, regardless of amount.
c. The contract is for federally -required audit services.
d. A subcontract is also a covered transaction if it is awarded by the contractor of a
recipient or subrecipient and requires either the approval of FEMA or is in excess of
$25,000.
i. The following provides a debarment and suspension clause. It incorporates an
optional method of verifying that contractors are not excluded or disqualified:
"Suspension and Debarment
1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such the contractor is required to verify that
none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or
its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
2. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters
into.
3. This certification is a material representation of fact relied upon by
(insert name of subrecipient). If it is later determined that the contractor
did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
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subpart C, in addition to remedies available to (name of state agency
serving as recipient and name of subrecipient), the Federal
Government may pursue available remedies, including but not limited
to suspension and/or debarment.
4. The bidder or proposer agrees to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered
transactions."
E. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan
area with funds provided under this Agreement.
F. 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 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which
include but are not limited to the following:
A. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts
receivable attributable to the use of funds under this Agreement at the time of expiration,
cancellation, or termination.
B. Real property under the Subrecipient's control that was acquired or improved, in whole or in part,
with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG
National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this
Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient
fails to use CDBG assisted real property in a manner that meets a CDBG National Objective for
the prescribed period of time, the Subrecipient shall pay the Grantee 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 the Grantee. The Subrecipient may retain real property acquired or
improved under this Agreement after the expiration of the five-year period [or such longer period
of time as the Grantee deems appropriate].
C. 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 equipment). Equipment not needed by the
Subrecipient for activities under this Agreement shall be (1) transferred to the Grantee for the
CDBG program or (2) retained after compensating the Grantee 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.
SECTION 4: RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
The Subrecipient agrees to comply with (1) the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24
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and 24 CFR 570.606(b); (2) the requirements of 24 CFR 570.606(c) governing the Residential Anti -
displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (3) the
requirements in 24 CFR 570.606(d) governing optional relocation policies. The Grantee may, however,
preempt the optional policies. The Subrecipient 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 Subrecipient also agrees to comply with
applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from
their residences.
Displacement of persons (including families, individuals, businesses, non-profit organizations and farms)
as a result of activities assisted with CDBG funds is generally discouraged.
SECTION 5: PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. General Compliance
The Subrecipient agrees to comply 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
Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation
Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975,
Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375,
11478, 12107 and 12086.
2. Nondiscrimination
The Subrecipient agrees to comply with the nondiscrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised
by Executive Order 13279. The applicable nondiscrimination provisions in Section 109 of the
HCDA are still applicable, which stipulates that no person in the United States shall on the grounds
of race, color, national origin or sex be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity funded in whole or in part pursuant
to agreement.
• Additionally, the Subrecipient shall not, on the grounds of race, color, sex/gender, sexual
orientation, familial status, religion, national origin, creed, ancestry, marital status, age or disability
or handicap:
A. Deny a qualified individual any facilities, financial aid, services or other benefits
provided under this Agreement;
B. Provide any facilities, financial aid, services or other benefits which are different, or
are provided in a different manner, from those provided to others under this
Agreement;
C. Subject an individual to segregated or separate treatment in any facility, or in any
matter if process related to receipt of any service or benefit under this Agreement;
D. Restrict an individual's access to or enjoyment of any advantage or privilege enjoyed
by others in connection with any service or benefit under this Agreement;
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E. Treat anyone differently from others in determining if they satisfy any admission,
enrollment, eligibility, membership or other requirement or condition which the
individual must meet to be provided a service or a benefit under this Agreement.
F. Deny anyone an opportunity to participate in any program or activity as an employee
which is different from that afforded others under this agreement.
If assignment and/or subcontracting has been authorized in writing, said assignment or
subcontract shall include appropriate safeguards against discrimination in client services binding
upon each contractor or subcontractor. The Subrecipient shall take such actions as may be
required to ensure full compliance with the provisions, including sanction for noncompliance.
3. Land Covenants
This contract 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 Subrecipient
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, 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 Grantee and the United States are beneficiaries of and entitled to enforce such covenants.
The Subrecipient, 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 Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination
against the individuals with disabilities or handicaps in any Federally assisted program. The
Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that
portion of the regulations in force during the term of this Agreement.
5. Architectural Barriers Act/Americans with Disabilities Act
The Subrecipient shall meet the requirements, where applicable, of the Architectural Barriers Act
and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility
designed, constructed, or altered with funds allocated or reallocated under CDBG program after
December 11, 1995 and that meets the definition of a "residential structure" as defined in 24 CFR
Part 40.2 or the definition of a "building" as defined in 41 CFR Part 101-19.602(a) is subject to the
requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply with
the Uniform Federal Accessibility Standards. The Americans with Disabilities Act ("ADA') (42 USC
12131; 47 USC 155, 210, 218, and 255) requires that the design and construction of facilities for
first occupancy after January 26, 1993 must include measures to make them readily accessible
and usable by individuals with disabilities. The ADA further requires the removal of architectural
barriers and communication barriers that are structural in nature in existing facilities, where such
removal is readily achievable—that is, easily accomplishable and able to be carried out without
much difficulty or expense.
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B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's
specifications an Affirmative Action Program, in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966.
2. Women- and Minority -Owned Businesses (W/MBE)
The Subrecipient 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 and women's business enterprise" means a business 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
Subrecipient 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 Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to
furnish all information and reports required hereunder and will permit access to its books, records
and accounts by the Grantee, 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 Subrecipient 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 representative of the
Subrecipient'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 regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract" as any
agreement or modification thereof between any applicant and a person for construction work
which is paid for in whole or in part with funds obtained from the Government or borrowed on the
credit of the Government pursuant to any Federal program involving a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant,
contract, loan, insurance, or guarantee, or any application or modification thereof approved by
the Government for a grant, contract, loan, insurance, or guarantee under which the applicant
itself participates in the construction work.
The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf
of the Subrecipient, state that it is an Equal Opportunity and Affirmative Action employer.
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Subrecipient Agreement
The Subrecipient shall comply with Executive Order 11246 as amended by Executive Order
12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) and will not discriminate
against any employee or applicant for employment because of race, color, creed, religion,
ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard
to public assistance. The Subrecipient will take affirmative action to ensure that all employment
practices are free from such discrimination. Such employment practices include but are not limited
to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rates of pay, or other forms of compensation and selection for training,
including apprenticeship.
The Subrecipient agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this nondiscrimination clause.
6. Subcontract Provisions
The Subrecipient will include the provisions of Section 5. 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 subrecipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient 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.
The Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) is applicable to any and all
Contractors who apply or bid for an award of $100,000 or more. Such Contractors shall file the
required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any Federal contract, grant,
or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with
non -Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient.
2. Labor Standards
The Subrecipient 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 Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C.
874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 3.
The Subrecipient shall maintain documentation that demonstrates compliance with hour and
wage requirements of this part. Such documentation shall be made available to the Grantee for
review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under contracts
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Subrecipient Agreement
in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with
assistance provided under this contract, shall comply with Federal requirements adopted by the
Grantee in 2 CFR Part 200, Appendix II, ¶ D, 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 Subrecipient of its obligation, if any, to
require payment of the higher wage. The 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.
3. Drug -Free Workplace
The Subrecipient will or will continue to provide a drug-free workplace by:
A. Maintaining a Zero Tolerance Drug Policy;
B. Posting in conspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana
is prohibited in the Subrecipient's workplace and specifying the actions that will be
taken against employees for violations of such prohibition;
C. Stating in all solicitations or advertisements for employees or subcontractors placed
by or on behalf of the Subrecipient that the Subrecipient maintains a drug-free
workplace;
D. Establishing an ongoing drug-free awareness program to inform employees about:
■ The dangers of drug abuse in the workplace;
■ The Subrecipient's policy of maintaining a drug-free workplace;
■ Any available drug counseling, rehabilitation, and employee assistance
programs; and
■ The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
E. Including the provisions of the foregoing clauses in all third -party contracts,
subcontracts, and purchase orders that exceed ten thousand dollars ($10,000.00), so
that the provisions will be binding upon each subcontractor or vendor.
4. "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 thereunder prior to the execution of this contract, shall be a condition of the Federal
financial assistance provided under this contract and binding upon the Subrecipient and
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Subrecipient Agreement
any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these
requirements shall subject the Subrecipient and any of the Subrecipient's subrecipients
and subcontractors, their successors and assigns, to those sanctions specified by the
Agreement through which Federal assistance is provided. The Subrecipient certifies and
agrees that no contractual or other disability exists that would prevent compliance with
these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted
under a program providing direct Federal financial assistance from HUD
and is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701). Section 3
requires that to the greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of the project
area, and that contracts for work in connection with the project be awarded
to business concerns that provide economic opportunities for low- and
very low-income persons residing in the metropolitan area in which the
project is located."
The Subrecipient 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. The Subrecipient further agrees to 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 Subrecipient certifies and agrees that no contractual or other legal incapacity exists
that would prevent compliance with these requirements.
B. Notifications
The Subrecipient 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.
C. Subcontracts
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Subrecipient Agreement
The Subrecipient 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 the grantor agency. The Subrecipient 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 Subrecipient shall not assign or transfer any interest in this Agreement without the prior
written consent of the Grantee; provided, however, that claims for money due or to become due
to the Subrecipient from the Grantee under this contract 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 the Grantee. All terms and conditions of this Agreement
shall apply to any approved subcontract or assignment related to the Agreement.
2. Subcontracts
A. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or individual in the
performance of this Agreement without the written consent of the Grantee prior to the
execution of such agreement.
B. Monitoring
The Subrecipient 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 Subrecipient shall cause all 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 Subrecipient shall undertake to ensure 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 the Grantee along with documentation concerning the selection process.
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3. Hatch Act
The Subrecipient 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. [Reserved]
5. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include,
but are not limited to the following:
A. The 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.
B. No employee, officer or agent of the Subrecipient shall participate in the selection, the
award or the 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 Grantee, the Subrecipient, or any designated public agency.
6. Lobbying
The Subrecipient 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 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 complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions; and
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Subrecipient Agreement
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 Subrecipients
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.
7. Grantee Recognition
The Subrecipient shall ensure recognition of the role of the City in providing services through this
Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be
prominently labeled as to the funding source. In addition, the Subrecipient will include a reference
to the support provided herein in all publications made possible with funds made available under
this Agreement.
8. Copyright
If this Agreement results in any copyrightable material or inventions, the Grantee reserves the
right to a 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.
9. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for
inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious
instruction, or proselytization.
In addition to, and not in substitution for, other provisions of this Agreement regarding the
provisions of services utilizing CDBG funds the Subrecipient agrees that, in connection with such
services:
A. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the
basis of religion;
B. It will not discriminate against any person applying for such public services on the basis
of religion and will not limit such services or give preference to persons on the basis of
religion;
C. It will provide no mandatory religious instruction or counseling, conduct no religious
worship or services, engage in no religious proselytizing, and exert no other religious
influence in the provision of such services.
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10. Other Program Requirements
The Subrecipient shall carry out each activity in compliance with all Federal laws and regulations
described in 24 CFR 570 Subpart K, regardless if the law is specifically stated in this Agreement,
except that:
A. The Subrecipient does not assume the City's environmental responsibilities described in
Section 570.604; and
B. The Subrecipient does not assume the City's responsibility for initiating the review process
under Executive Order 12372.
SECTION 6: ENVIRONMENTAL
CDBG regulations require the preparation of a project Environmental Review Record (ERR) and
environmental clearance before funds are expended or costs incurred. The overall governing legislation
is the National Environmental Policy Act (NEPA).
City staff will complete the ERR. The time required for completion of the ERR can vary from a week to a
few months. If the initial Environmental Assessment determines that an Environmental Impact Statement
(EIS) or a Biological Assessment (BA) is necessary, the Subrecipient will be required to make appropriate
budget modifications to assure the costs of the EIS or BA are paid for from project funds. After completing
the ERR, the City may publish a notice of a Finding of No Significant Environmental Impact (FONSI) in a
local newspaper declaring the intent to request release of project funds from HUD. After the release of
the funds by HUD, the City will send the Subrecipient a written notice to begin the project. Subrecipients
shall not implement any project activities or incur any project costs until receipt of the notice to proceed.
The City must also determine whether the project meets other applicable statutory and regulatory
requirements which include by are not limited to the following:
A. Air and Water
The Subrecipient 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. and 2 C.F.R. Part 200, Appendix II, ¶ G;
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;
■ 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 Subrecipient 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 the National
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Subrecipient Agreement
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 Subrecipient 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. Such regulations pertain to all CDBG-assisted
housing and require that all owners, prospective owners, and tenants of properties constructed prior
to 1978 be properly notified that such properties may include lead-based paint. Such notification shall
point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that
should be taken when dealing with lead-based paint poisoning and the advisability and availability of
blood lead level screening for children under seven. The notice should also point out that if lead-
based paint is found on the property, abatement measures may be undertaken. The regulations
further require that, depending on the amount of Federal funds applied to a property, paint testing,
risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation
The Subrecipient 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's designated office for dealing with Historic Preservation, 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.
SECTION 7: HANDBOOK RECEIPT CERTIFICATION
The Subrecipient certifies that it has received the HUD published "Paying by the Rules- A Handbook for
CDBG Subrecipients on Administrative Systems" in either print or electronic format from the Grantee.
The Subrecipient further certifies and agrees that it is the Subrecipient's obligation as a part of this
Agreement to read and understand the Handbook.
SECTION 8: SEVERABILITY
It is understood and agreed by the parties that if any part, term, or provision of this Agreement is held by
the courts to be invalid, illegal or in conflict with any law, 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.
SECTION 9: 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.
SECTION 10: WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act
with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right
or provision shall not constitute a waiver of such right or provision.
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Subrecipient Agreement
SECTION 11: SUCCESSORS
This Agreement shall be binding upon each of the parties, their assigns, purchasers, trustees, and
successors.
SECTION 12: ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Grantee and the 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 the Grantee and the Subrecipient with respect
to this Agreement.
SECTION 13: NO THIRD -PARTY BENEFICIARIES
Except as expressly provided otherwise, this Agreement is intended to be solely for the benefit of the parties
and shall not otherwise be deemed to confer upon or give to any other person or third party any remedy,
claim, cause or action or other right.
SECTION 14: GOVERNING LAW AND JURISDICTION
This Agreement shall be construed in accordance with the laws of the State of Texas. In the event of any
dispute over the Agreement's terms and conditions, the exclusive venue and jurisdiction for any litigation
arising thereunder shall be in the District Court of Brazoria County, and, if necessary for exclusive federal
questions, the United States District Court for the District of Texas.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most recent
signatory.
Grantee:
City of Pea d, Te
CITY AG
7
PRINTED NAME
Subrecipient:
Pearland Neighborhood Center
Federal I.D. —7 S —,;z % / 33 1 q
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AUTHORIZED
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IdNTED NAME
Federal I.D. # 74-6028909
DATE
DUNS #
TITLE
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DA E
City of Pearland, Texas Page 26 of 26
Subrecipient Agreement