R2020-277 2020-12-14RESOLUTION NO. R2020-277
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Sub -Grantee Agreement
with the Counseling Connections for Change, in the amount of $74,89.00,
for the purpose of providing reimbursement for CARES Act/Coronavirus
Relief Fund (CRF) eligible public health and safety improvements and tele-
medicine technology enhancements at the Counseling Connections
facility, located within the City limits of Pearland, Brazoria County.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Sub -Grantee Agreement by and between the City of
Pearland and Counseling Connections for Change, 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 a Sub -Grantee Agreement with Counseling Connections for
Change.
PASSED, APPROVED and ADOPTED this the 14th day of December, A.D., 2020.
VIN COLE
AYOR
ATTEST:
�C.ene�2 CRYSTAL ROAN, ROAN, TRMC, CIVelL
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CORONAVIRUS RELIEF FUND — SUBGRANTEE AGREEMENT
between
THE CITY OF PEARLANDI TEXAS
F1i�l
COUNSELING CONNECTIONS FOR CHANGE
THIS AGREEMENT, entered into to be made effective on the 14'h day of December 2020, by and
between the City of Pearland (herein called the "Subrecipient" and/or "City") and Counseling
Connection for Change (herein called the "Subgrantee").
WHEREAS, the Subrecipient has applied for and received funds from the Texas Division of Emergency
Management (TDEM) Coronavirus Relief Fund (CRF) in response to and towards the recovery from the
COVID-19 Coronavirus pandemic;
WHEREAS, the Subgrantee has stated its intention to ensure the completion and compliance with
federal, State and local requirements, to document compliance with applicable Coronavirus Relief Fund
terms and conditions, in addition to the federal Uniform Administrative Requirements (UAR) as set forth
in 2 CFR Part 200;
WHEREAS, the Subgrantee shall ensure recognition of the role of the Subrecipient 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 Coronavirus Relief Fund (CRF); and
WHEREAS, the primary purpose of the CRF, pursuant Section 601(d) of the Social Security Act, as
added by Section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES) is to cover
expenses that:
1. are necessary expenditures incurred due to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID-19);
2. were not accounted for in the budget most recently approved as of March 27, 2020 for the state
or government; and
3. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is
agreed between the parties hereto that:
A. Activities
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CRF Subgrantee Agreement
Activity Provide emergency facility and tele-medicine technology improvements,
materials and supplies through the use of CARES Act funds for:
® Medical expenses such as:
o COVID49-related expenses of public hospitals, clinics, and similar
facilities.
o Expenses of establishing temporary public medical facilities and
other measures to increase COVID49 treatment capacity, including
related construction costs.
o Costs of providing COVID49 testing, including serological testing.
o Emergency medical response expenses, including emergency
medical transportation, related to COVID-99.
o Expenses for establishing and operating public telemedicine
capabilities for COVID- I 9-related treatment.
® Public health expenses such as:
o Expenses for communication and enforcement by State, territorial,
local, and Tribal governments of public health orders related to
COVID49.
o Expenses for acquisition and distribution of medical and protective
supplies, including sanitizing products and personal protective
equipment, for medical personnel, police officers, social workers,
child protection services, and child welfare officers, direct service
providers for older adults and individuals with disabilities in
community settings, and other public health or safety workers in
connection with the COVID49 public health emergency.
o Expenses for disinfection of public areas and other facilities, e.g.,
nursing homes, in response to the COVID49 public health
emergency.
o Expenses for technical assistance to local authorities or other
entities on mitigation of COVID49-related threats to public health
and safety.
o Expenses for public safety measures undertaken in response to
COVID49.
o Expenses for quarantining individuals.
2. Administration
The Subgrantee is required to administer the financial, programmatic and regulatory compliance
measures necessary for Coronavirus prevention, response and/or recovery as an independent
contractor, and not as an officer, agent, servant or employee of the Subrecipient.
S. Performance Monitoring
The Subrecipient will monitor the performance of the Subgrantee against goals and performance
standards as stated above. Substandard performance as determined by the Subrecipient will
constitute noncompliance with this Agreement. If action to correct such substandard performance is
not taken by the Subgrantee within a reasonable period of time after being notified by the
Subrecipient, suspension or termination procedures will be initiated.
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CRF Subgrantee Agreement
C. pecial Conditions
CARES Act regulations in Section 601(d) of the Social Security Act are applicable. The Subgrantee
is hereby advised to consider these rules when administering these funds and others specified for
COV1D-i9/Coronavirus pandemic response and recovery.
Type of Project: Counseling Connections for Change - COVID-19/Coronavirus Prevention,
Response and/or Recovery.
Project Location: Counseling Connections for Change —Pearland Office (2549 Roy Road)
Service Area: City of Pearland within Brazoria County
(serving residents of the City of Pearland, Brazoria County
Basic Eligibility Citation: Section 601(d) —Social Security Act; Section 5001 —CARES Act
Amount Funded: $7,489
SECTION 3: TERM OF AGREEMENT
The term of this Agreement is through December 30, 2020.
The Subgrantee shall submit such reports as required by the City to meet its local obligations and its
obligations to TDEM. 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
Subgrantee through this Agreement.
C. Closeout reports including a final performance report, inventory of all property acquired or
improved by CRF funds, and final financial report, upon termination or completion of the award.
ARTICLE 2- FINANCIAL MANAGEMENT
A. General Statement
The City shall reimburse the Subgrantee allowable costs for services identified in this Agreement not to
exceed One Hundred and Thirty -Thousand Dollars ($130,000) 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
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CRF Subgrantee Agreement
proper costs identified in the Subgrantee's application and budget and approved by the City unless any
or all such costs are disallowed by the State of Texas or the U.S. Treasury,
B. Payments
Reimbursement request must be submitted to the City of Pearland in accordance with instructions to be
provided to the Subgrantee under separate cover. Payments may be contingent upon certification of
the Subgrantee's financial management system in accordance with the standards specified in
applicable sections of 2 CFR 200, Reimbursement payments shall be made to: Counseling
Connections for Change.
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
Line Item
Amount:
Medical Costs and Public Health and Safety -Emergency Facility Improvements $7,489
TOTAL
Cn addition, the Subrecipient may require a more detailed budget breakdown than the one contained
herein, and the Subgrantee shall provide such supplementary budget information in a timely fashion in
the form and content prescribed by the Subrecipient. Any amendments to the budget must be approved
in writing by both the Subrecipient and the Subgrantee.
D. Closeout
Upon termination of this Agreement, in whole or in part for any reason including completion of the
r�roject, the following provisions may apply:
A. Upon written request by the Subgrantee, the City shall make or arrange for payments to the
Subgrantee 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 Subrecipient);
C. The Subgrantee shall submit within thirty (30) days after the date of expiration of this
Agreement, all financial, performance and other reporfis 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 are met and all outstanding issues with
the Subgrantee have been resolved to the satisfaction of the City.
The Subgrantee's obligation to the Subrecipient 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 Subgrantee has control over CRF funds, including program income.
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CRF Subgrantee Agreement
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, TDEM and the U.S. Treasury shall have the right to
audit the records of the Subgrantee as they relate to the Agreement and the activities and services
described herein.
The Subgrantee shall also:
A. Maintain an effective system of internal fiscal control and accountability for all CRF funds and
property acquired or improved with CRF funds, and make sure the same are used solely for
authorized purposes.
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 Subgrantee Is 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, TDEM or the U.S. Treasury at any time during normal
business hours and as often as necessary.
E. Inform the City concerning any funds allocated to the Subgrantee, that the Subgrantee
anticipates will not be expended during the term of this Agreement, and permit the reassignment
of the same by the City to other Subgrantees.
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, TDEM or the U.S Treasury.
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.
The City shall reimburse the Subgrantee 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, TDEM or the U.S Treasury determines that any funds were expended by the
Subgrantee for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in
any other way, the City, TDEM or the U.S Treasury may order repayment of the same. The Subgrantee
shall remit the disallowed amount to the City within thirty (30) days of written notice of the disallowance.
A. The Subgrantee agrees that funds determined by the City to be surplus upon completion of the
Agreement will be subject to cancellation by the City.
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CRF Subgrantee Agreement
B. The Subgrantee aggress that upon expiration of this Agreement, the Subgrantee shall transfer
to the City any CRF funds on hand at the time of the expiration and any accounts receivable
attributable to the use of CRF 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.
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.
Subreeipient/City
15Level Joel Hardy
2nd Level Ron Fraser
3,d Level Clay Pearson
Address 3519 Liberty Drive
Pearland, TX 77581
A. General Compliance
Dawn Lawson
Dawn Lawson
Dawn Lawson
2549 Roy Road
PearlCl" d, TX 77581
The Subgrantee agrees to comply with the requirements of Title 2 of the Code of Federal Regulations,
Part 200 (Uniform Administrative Requirements). The Subgrantee also agrees to comply with all other
applicable Federal, State and local laws, regulations, and policies governing the funds provided under
this Agreement. The Subgrantee further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
The Subgrantee shall comply with all applicable Federal laws, regulations, and requirements and all
provisions of this Agreement, which include compliance with the provisions of the CARES Act and all
rules, regulations, guidelines, and circulars promulgated by the various Federal departments, agencies,
administrations, and commissions relating to the CRF Program. The applicable laws and regulations
include, but are not limited to:
® The Davis -Bacon Fair Labor Standards Act;
The Contract Wark Haurs and Safety Standards Act of 1962;
® Copeland "Anti -Kickback" Act of 1934;
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CRF Subgrantoe Agreement
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended (URA);
® Title VI of the Civil Rights Act of 1964;
Equal employment opportunity and minority business enterprise regulations established in 2
C.F.R. Part 200, Appendix II, ¶ C;
® 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;
Historic Preservation Act of 1966, as amended, and related laws and Executive Orders;
Executive Order 119883 Floodplain Management, 1977 (42 FR 26951 et seq.);
Flood Disaster Protection Act of 1973.
® Section 601(d) — Social Security Act
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 Subrecipient and the Subgrantee. The
Subgrantee shall, at all times, remain an "independent contractor" with respect to the services to be
performed under this Agreement. The Subrecipient shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance,
as the Subgrantee is an independent contractor.
C. Hold Harmless
To the extent permitted by law, the Subgrantee 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 Subgrantee's
performance or nonperformance of the services or subject matter called for in this Agreement.
D. Workers' Compensation
The Subgrantee shall provide Workers' Compensation Insurance coverage for all of its employees
involved in the performance of this Agreement.
E. Insurance &Bonding
The Subgrantee 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 Subrecipient. The Subgrantee
small comply with the bonding and insurance requirements of 2 CFR 200.325 (bonding requirements).
The certificates of insurance shall be provided to the City by the Subgrantee'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.
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CRF Subgrantee Agreement
The Subgrantee will not be relieved of any liability, claims, demands, or other obligations assumed by
ifs 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 Subgrantee 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 Subgrantee 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.
Pn the event of are investigation or suspension regarding any Subgrantee license related to the services
or which the City is providing funding under this Agreement, the City may terminate this Agreement
and withhold further Agreement funds. In addition, rnonies 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 Subrecipient's governing body. Such amendments shall not
invalidate this Agreement, nor relieve or release the Subrecipient or Subgrantee from its obligations
under this Agreement. The Subrecipient 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 Subrecipient and Subgrantee.
N. Failure to Perform
In the event of a failure by the Subgrantee 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 Subgrantee 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 Subrecipient may pursue such remedies as are available to it in accordance with 2 CFR Part 200,
Appendix II, ¶ A, including but not limited to suspension or termination of this Agreement, if the
Subgrantee 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 CRF guidelines, policies or directives as may
become applicable at any time;
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CRF Subgrantee Agreement
B. Failure, for any reason, of the Subgrantee 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 Subgrantee to the Subrecipient 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, this Agreement may also be terminated for
convenience by either the Subrecipient or the Subgrantee, 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 Subrecipient determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
Subrecipient may terminate the award in its entirety.
In the event that funding firom 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 Subgrantee ineligible for further participation in
the CRF program.
A. Financial Management
The Subgrantee agrees to comply with 2 CFR 200.302 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.
The Subgrantee shall administer its program in conformance with 2 CFR 200, Subpart E, as
applicable. These principles shall be applied for all costs incurred whether charged on a direct
or indirect basis.
B. Documentation and Record Kee
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CRF Subgrantee Agreement
The Subgrantee shall maintain all records required by the Federal regulations specified in 2
CFR 200.333 that are pertinent to the activities to be funded under this Agreement. Such
records shall include but are not be limited to:
® Records provng a full description of each activity undertaken;
® Records demonstrating that each activity undertaken meets one of the National
Objectives of the CRF 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 CRF assistance; and
e Records documenting compliance with the fair housing and equal opportunity
components of the CRF program.
The Subgrantee shall retain all financial records, supporting documents, statistical records, and
all other records pertinent to the Agreement for a period of five (5) years. 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, 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.
s
If applicable, the Subgrantee shall maintain beneficiary data demonstrating eligibility for services
provided. Such data shall include, but not be limited to, beneficiary name, address, qualification
for participation in programs, demographic information and description of service provided. Such
information shall be made available to Subrecipient monitors or their designees for review upon
request.
r
The Subgrantee 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 Subrecipient's or Subgrantee'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.
All Subgrantee records with respect to any matters covered by this Agreement shall be made
available to the Subrecipient, TDEM, the U.S. Treasury, 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 Subgrantee
within thirty (30) days after receipt by the Subgrantee. Failure of the Subgrantee to comply with
the above audit requirements will constitute a violation of this Agreement and may result in the
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CRF Subgrantee Agreement
withholding of future payments. The Subgrantee hereby agrees to have an annual agency audit
conducted in accordance with current Subrecipient policy concerning Subgrantee audits and
OMB Circular A-133.
C. Citizen Participation
The Subgrantee 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 Subgrantee shall comply with current Subrecipient 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
Subrecipient upon termination of this Agreement.
The Uniform Guidance (2 CFR § 200) streamlines and consolidates
government requirements for receiving and using federal awards so as to reduce
administrative burden and improve outcomes. It was published in the Federal Register
(79 Fed. Reg.)
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 Il,
¶ H; and Procurement Guidance for Recipients and Subgrantees Under 2 C.F.R. Part 200
(Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team
(PDAT) Field Manual Chapter IV, ¶ 6A, and Appendix C, 12 [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
Subgrantees. The key to the exclusion is whether there is a "covered transaction," which is
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GRF Subgrantee Agreement
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 Subgrantee.
b. Specifically, a covered transaction includes the following contracts for goods or services:
a. The contract is awarded by a recipient or Subgrantee in the amount of at least
$25,0000
b. The contract requires the approval of TDEM, regardless of amount.
c. The contract is for federally -required audit services.
E. Travel
No CRF funds may be used for travel.
A. CIVII RICPubS
The Subgrantee 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, 114783 12107 and 12086.
The Subgrantee agrees to comply with the nondiscrimination in employment and contracting
opportunes laws in 2 CFR 3187.12. These applicable nondiscrimination provisions stipulate
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 Subgrantee 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;
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CRF Subgrantee 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;
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 Subgrantee shall take such actions as may be
required to ensure full compliance with the provisions, including sanction for noncompliance.
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-
352). In regard to the sale, lease, or other transfer of land acquired, cleared or improved with
assistance provided under this Agreement, the Subgrantee 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 Subrecipient
and the United States are beneficiaries of and entitled to enforce such covenants. The
Subgrantee, 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.
The Subgrantee 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 Subrecipient shall provide the Subgrantee with any guidelines necessary for
compliance with that portion of the regulations in force during the term of this Agreement.
The Subgrantee shall meet the requirements, where applicable, of the Architectural Barriers Act
and the Americans with Disabilities Act. A building or facility designed, constructed, or altered
with federal funds is subject to the requirements of the Architectural Barriers Act of 1968 (42
USC 41514157) 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.
B. Affirmative Action
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CRF Subgrantee Agreement
The Subgrantee 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 Subgrantee may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
The Subgrantee shall furnish and cause each of its own Subgrantees or subcontractors to
furnish all information and reports required hereunder and will permit access to its books,
records and accounts by the Subrecipient, TDEM or its agent, or other authorized Federal
officials for purposes of investigation to ascertain compliance with the rules, regulations and
provisions stated herein.
3. �fotifications
The Subgrantee 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
Subgrantee's commitments hereunder, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
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 Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf
of the Subgrantee, state that it is an Equal Opportunity and Affirmative Action employer.
The Subgrantee 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 Subgrantee will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment practices include but
City of Pearland, Texas Page 14 of 33
CRF Subgrantee Agreement
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 Subgrantee agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this nondiscrimination clause.
The Subgrantee 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 Subgrantees or subcontractors.
C. Employment Restrictions
T he Subgrantee 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.
The Subgrantee 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 Subgrantee 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 Subgrantee shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such documentation shall be made
available to the Subrecipient for review upon request.
The Subgrantee agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under contracts
in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part
with assistance provided under this contract, shall comply with Federal requirements adopted by
the Subrecipient 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 Subgrantee of its
City of Pearland, Texas Page 15 of 33
CRF Subgrantee Agreement
obligation, if any, to require payment of the higher wage. The Subgrantee shall cause or require
to be inserted in full, in all such contracts subject to such regulations, provisions meeting the
requirements of this paragraph.
r
The Subgrantee will or will continue to provide adrug-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 Subgrantee'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 Subgrantee that the Subgrantee 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 Subgrantee's policy of maintaining adrug-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.
D. Conduct
The Subgrantee shall not assign or transfer any interest in this Agreement without the prior
written consent of the Subrecipient; provided, however, that claims for money due or to become
dLie to the Subgrantee from the Subrecipient 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 Subrecipient. All terms and conditions
of this Agreement shall apply to any approved subcontract or assignment related to the
Agreement.
A. Approvals
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CRF Subgrantee Agreement
The Subgrantee shall not enter into any subcontracts with any agency or individual in the
performance of this Agreement without the written consent of the Subrecipient prior to
the execution of such agreement.
B. Monitoring
The Subgrantee 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 Subgrantee 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
Agreerent.
(�. Selection Process
The Subgrantee 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 Subrecipient along with documentation concerning the selection
process.
The Subgrantee 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]
The Subgrantee agrees to abide by the provisions of 2 CFR 200.112, which include, but are not
limited to the fallowing:
A. The Subgrantee 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 Subgrantee 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 CRF-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
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CRF Subgrantee Agreement
contract, subcontract, or agreement with respect to the CRF-assisted activity, or with
respect to the proceeds from the CRF-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 Subrecipient, the Subgrantee, or any designated
public agency.
The Subgrantee 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
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, subgrCA" ts,
and contracts under grants, loans, and cooperative agreements) and that all
Subgrantees 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. Subrecipient Recognition
The Subgrantee 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 Subgrantee will include a
reference to the support provided herein in all publications made possible with funds made
available under this Agreement.
8. Copyright
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CRF Subgrantee Agreement
If this Agreement results in any copyrightable material or inventions, the Subrecipient 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.
The Subgrantee agrees that funds provided under this Agreement will not be utilized for
inherently religious activities prohibited by 2 CFR 3474.15 such as worship, religious instruction,
or prose lytization. In addition to, and not in substitution for, other provisions of this Agreement
regarding the provisions of services utilizing CRF funds the Subgrantee 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, limit, or give preference to, any person applying for such
public services on the basis of religion; and
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.
GRF 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 Subgrantee 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. 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 Subgrantee agrees to comply wifih the following requirements insofar as they apply to the
performance of this Agreement:
Clean Air Act, 42 U.S.G., 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.
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CRF Subgrantee Agreement
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the Subgrantee 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 Flood Insurance Program is obtained and maintained as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
C. Historic Preservation
The Subgrantee 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.
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.
The section headings and subheadings contained in this Agreement are included for convenience only
and shall not limit Ulutherwise affect the terms of this Agreement.
The Subrecipient's failure to act with respect to a breach by the Subgrantee does not waive its right to
art with respect to subsequent or similar breaches. The failure of the Subrecipient to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
This Agreement shall be binding upon each of the parties, their assigns, purchasers, trustees, and
successors.
This Agreement constitutes the entire agreement between the Subrecipient and the Subgrantee 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 Subrecipient and the
Subgrantee with respect to this Agreement.
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CRF Subgrantee Agreement
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 13: 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.
Subrecipient:
City of Pearland, Texas
CITY MANAGE
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PRINTED NAME
St.ibgrantee:
Counseling Connections for Change
HORIZED OFFICIAL
PRINTED NAME
City of Pearland, Texas
CRF Subgrantee Agreement
Federal I.D. # 74-6028909
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