R2021-168 2021-08-09RESOLUTION NO. R2021-168
A Resolution of the City Council of the City of Pearland, Texas, approving the
U.S. Department of Housing and Urban Development Community Development
Block Grant Program Fiscal Year 2022 Annual Action Plan, as part of its FY
2018-2022 CDBG 5-Year Consolidated Plan to be submitted to the U.S.
Department of Housing and Urban Development.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Community Development Block Grant Program 13th Annual
Action Plan, attached hereto as Exhibit "A", is hereby authorized and approved.
PASSED, APPROVED and ADOPTED this the 9th day of August, A.D., 2021.
2X di__
J. IN COLE
AYOR
EST:
CR TAL OAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
DRAFT
City of Pearland, Texas
15th Year Annual Action Plan
for the City’s
Community Development Block Grant Program
HUD Program Year 2021
(City of Pearland FY 2022)
DUNS Number: 020796397
Kevin Cole, Mayor
Clay Pearson, City Manager
Prepared for
U.S. Department of Housing and Urban Development
Houston Field Office
August 2021
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
This Annual Action Plan for the City of Pearland covers Program Year (PY) 2020, which is the City’s fiscal
year 2022 (October 1, 2021 – September 30, 2022). CDBG funding in Pearland will be expended to meet
one or more of the 3 National Objectives:
1. Benefiting low- to moderate-income persons;
2. Preventing, reducing or eliminating slum and blight; or
3. Meeting an urgent community development need as a result of a disaster or other event.
During the next year, the City expects to focus its CDBG entitlement funds on these three objectives by
improving the quality of life for those low- to moderate-income households throughout the City and in
City neighborhoods with 45% or more low- to moderate-income households (up from the previous
percentage of 41.77%) – those households with incomes at or below 80% of the area median income.
Pearland will focus most of its PY 2021 resources on rental assistance.
Social/public service activities will involve continuing investments in the high-priority efforts involving
homeless prevention in the form of emergency subsistence to low- to moderate-income households
facing evictions and/or loss of critical utility services, as well as the growing importance of mental health
services for uninsured and/or low income individuals/households. In addition, the PY 2021 program will
need to provide opportunities for those impacted economically by COVID-19 to return to work, which
involves allocation of CDBG funds to aftercare/child-care programs that also offer academic enrichment
to students as they return to more traditional, face-to-face, education modalities.
Program administration activities will be critical for PY 2021, as there are a number of coordinating efforts
in place that involve a variety of regular community-based action plan items and the local disaster
recovery activities in Pearland. Pearland’s relatively small allocation of CDBG funds, the voluminous
financial impact of Hurricane Harvey, and the looming mitigation activities needed to bring the community
back to normal all play a significant role in our assessment that administration and oversight will be
substantive. The map below shows the location of the CDBG area-benefit neighborhoods.
Map 1— City of Pearland with CDBG Areas Eligible for Area -wide Benefit
The City's CDBG Exception Criteria status with HUD allows Pearland to utilize Census block groups with
less than the regulatory 51% or more low -moderate income composition for area -benefit projects, due to
the low poverty rate in the City. That percentage is now 45% and is reflected in the map above.
2. Summarize the objectives and outcomes identified in the Plan
The City's 5-year Consolidated Plan was submitted in PY 2017, providing objectives and outcomes
through the HUD 2021 Program Year.
Broad objectives include the following:
• Decent Housing — The City will strive to improve the housing stock city-wide and
residential areas within the eligible CDBG area -benefit neighborhoods. It is anticipated
that activities will include:
o Rehabilitating existing housing stock: The City will continue its HERO (Housing
Enforcement and Rehabilitation Opportunities) program, to repair, rehabilitate,
and/or retrofit houses for accessibility, as well as preserve Pearland's residential
neighborhoods within the CDBG areas through code enforcement.
o Encouraging homeownership_opportunities: Encouraging local and regional agencies
to provide down -payment and/or closing cost assistance to moderate (low) -income
households seeking to move from renting to owning a home. Additionally,
encouraging local and regional agencies to provide homeownership and financial
counseling to those who plan to purchase their first home.
o Affirmatively furthering fair housing choice: Identifying and reducing any barriers to
fair housing choice and achieving the specific actions set forth in the PY 2017-2021
Fair Housing Plan to affirmatively further fair housing choice.
• Suitable Living Environment: The City will fund several activities that benefit the
community by improving the living environment through:
o Preventing, reducing and eliminating blighted conditions: Blending CDBG with other
funds the City will conduct code enforcement activities throughout the CDBG areas,
and through non-federal funds, identify and demolish abandoned structures within
CDBG areas.
o Improving public facilities and infrastructure: The City will use several funding sources
to improve public facilities, including parks, and infrastructure in CDBG Target Areas,
particularly Old Townsite.
o Assessing transportation services: The City will assess existing transportation
assistance for elderly, disabled and domestic violence victims and develop a plan to
address the need for increased demand response transportation within Pearland and
to/from medical services in Houston.
o Supporting private non-profit public services: CDBG funds will continue to be used to
support public service agencies in better serving the disadvantaged throughout the
City.
• Economic Opportunity: The City will undertake activities that expand economic
opportunities for low- to moderate-income (LMI) persons and businesses through:
o Supporting private economic advancement activities: The City will respond to funding
applications by non-profits and for-profits for the provision of educational and/or job
training programs that can advance the employment potential of youth and adults.
o Striving to meet Section 3 goals: The City will continue to diligently strive to meet all
of the hiring, contracting and contractor education goals related to the Section 3
requirements; and making Section 3 compliance a high priority in all contracts using
federal funds.
3. Evaluation of past performance
During the past year (CDBG PY 2020), the City has undertaken a number of measures to meet the
priorities established by the Pearland community and program stakeholders; including but not
limited to:
• Rental Assistance;
• Food/Meal Delivery;
• Code Enforcement;
• Mental Health Services;
• Senior Center Facility Improvements; and
• Community Medicine.
4. Summary of Citizen Participation Process and consultation process
The City’s Citizen Participation Plan provides Pearland’s CDBG program with the parameters for
compliance with 24 CFR Part 91.200(b), and was formed in 2007 with the origination of our status
as a HUD Entitlement Jurisdiction. It was updated in 2013 and most recently again in 2020.
The applicable processes for developing and completing the City’s CDBG Annual Action Plan
involves a variety of activities designed to include the public in the planning process, inform the
community and stakeholders about the ongoing dynamics of the program, develop the Action
Plan itself, and engage local leaders in decision-making as authorized officials that approve the
Plan prior to submission to HUD. This process results in short-term and medium-range planning
documents - its Annual Action Plan, 5-year Consolidated Plan and Affordable/Fair Housing Plan –
all within the framework of meeting applicable long-range HUD goals and National Objectives.
This Action Plan development process began in June of 2021 following the completion of major
investments in COVID-19 response and recovery (CARES Act). Upon completion of the City’s
primary COVID-19 response, a planning process takes effect with the publication and scheduling
of Council input and discussion, a public hearing, a 5-day public comment period, stakeholder
reviews of priorities and local conditions that drive the selection of new or continuing
community-based programs and services, and the budgetary assessment of necessary costs for
completing action plan items.
The process generally ties annual action items back to the priorities established in the 5-year
Consolidated Plan. However, in 2020 the City was impacted by the COVID-19 pandemic that has
affected the entire world and a number of urgent need situations have arisen that constitute
making changes to our current plan. Some of these may end up adjusting the course of our future
CDBG programmatic priorities.
5. Summary of public comments
Citizen Jimmy Davis, 5604 Colmesneil Street, Pearland TX 77584 provided comments at the
applicable public hearing to the effect that the City should not be spending CDBG funds on Code
Enforcement as a revenue-producing endeavor. He later emailed staff requesting additional
clarification and a response ensued. That information has been attached to this Annual Action
Plan.
6. Summary of comments or views not accepted and the reasons for not accepting them
None.
7. Summary
The City of Pearland has used its CDBG funds to address the highest priority needs in the
community and make the greatest impact possible on the living environment of low- to
moderate-income residents. Efforts are hampered by the limited funds and by the lack of
comprehensive services available through non-profit social service, housing, and homeless
agencies in Pearland. Due to the relative size, location, and economic stability of the residents,
the economies of scale do not exist to justify many social service, homeless, and affordable
housing providers to locate in Pearland. However, the City has continued to address the housing,
social service, and economic development needs of the community, particularly those voiced by
the residents and stakeholders, through the CDBG program and other funding to the extent
possible.
City of Pearland Annual Action Plan
CDBG Program Year 2020
1
OMB Control No: 2506-0117
PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
Describe the agency/entity responsible for preparing the Consolidated Plan and those
responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
Lead Management & Oversight Pearland Administration
Financial Management Pearland Finance
Housing and Code Enforcement Pearland Community Development Dept
Table 1 – Responsible Agencies
Narrative (optional)
Soon after the inception of the City’s CDBG Entitlement Jurisdiction status in 2007, the oversight
and management of the CDBG program in Pearland was moved from the City Manager’s Office
to the Finance Department. A Grants Coordinator was hired, in addition to the ongoing
consultancy provided by a subject matter expert in CDBG program management, and the annual
planning and program implementation activities were delivered out of that oversight model.
In 2017, to elevate the oversight and management of CDBG funds, program oversight and
management was relocated back into the City Manager’s Office (now referred to as
Administration), with supportive financial management functions remaining in Finance. The
Finance Department is responsible for paying all invoices and reimbursement requests from the
U.S. Treasury through HUD’s IDIS on-line system once the funds have been verified as eligible.
The Code Enforcement Division of the Fire Department oversees the City’s CDBG-funded code
enforcement activities. Community Development now oversees housing rehabilitation.
Infrastructure projects are mostly carried out by the Capital Projects & Engineering or Public
Works departments, with Parks and Recreation as a possibility if the scope of work is applicable
to that department’s domain. The City Attorney has been instrumental in maintaining Fair
Housing compliance, and has participated in all HUD-sponsored training and professional
development in that regard.
Consolidated Plan Public Contact Information
Joel Hardy
Grants & Special Projects Administrator
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
281-652-1795
JHardy@pearlandtx.gov
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
Provide a concise summary of the jurisdiction’s activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health and
service agencies (91.215(l))
Pearland consults with a number of local and regional agencies throughout the year and works
to coordination with all agencies serving the community. Being a relatively small city, Pearland
must rely heavily on the services provided by private agencies and Brazoria County, as well as the
regional Council of Governments, and neighboring Harris County and Houston.
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The Gulf Coast Homeless Coalition (GCHC) is the official homeless coalition for Galveston,
Brazoria, Chambers and Liberty Counties. It is located in Galveston but does hold some meetings
in Brazoria County, though none in Pearland. Most of the GCHC’s activities occur out of the Gulf
Coast Center in Galveston, as the primary provider of shelter, transitional housing, and services
to the homeless. The GCHC is part of the Balance of State for the Continuum of Care. The City
works with Brazoria County who coordinates with Texas Homeless Network, the manager of the
Balance of State program.
There are no agencies in Pearland and only a few in Brazoria County that serve the homeless.
Most homeless individuals and families must go to Galveston or Houston for services. Gulf Coast
Center in Galveston is the primary provider of homeless information, services, and housing. The
Salvation Army provides emergency shelter in Freeport, while the Women’s Center provides
shelter and transitional housing for victims of domestic violence, neither is geographically near
Pearland. Forgotten Angels provides permanent housing for those adults with developmental
and intellectual disabilities. Most of the residents would be homeless without the services of
Forgotten Angels.
The City is engaged in activities that support increases in situational homelessness and homeless
prevention efforts due to Hurricane Harvey. These include mental health counseling services,
more robust emergency subsistence, and a plan to increase the use of CDBG funds for housing
rehabilitation and pending CDBG-DR funds being passed through to Pearland from the State of
Texas.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
The Gulf Coast Homeless Coalition is the group that coordinates programs for serving homeless
individuals and families. The Coalition covers Galveston, Brazoria, Chambers and Liberty
Counties; however the member agencies are located primarily in Galveston County. The
Coalition has moved the Continuum of Care management and oversight to the Texas Homeless
Network under the Balance of State. The Galveston agencies are better equipped than the
smaller Brazoria County agencies to manage the funding allocations and provide the much
needed services to the region’s homeless. As a result, no Brazoria County agency has received
Continuum of Care funding, other than the fact that Gulf Coast Center receives the bulk of the
funding and does have a presence in the County, but not in Pearland. The County staff is not
closely involved in the Coalition or the Balance of State program and does not receive
consultation from Texas Homeless Network in determining how to allocate its ESG funding,
develop performance standards or evaluate outcomes. It is a participant in the THN HMIS system
and does receive consultation when necessary for administering its local participation in HMIS.
2. Describe Agencies, groups, organizations and others who participated in the process
and describe the jurisdiction’s consultations with housing, social service agencies and other
entities
Pearland contacted a number of stakeholders, including housing, social service agencies, and
advocacy groups to provide input into the priority needs in the community, the current services
and service gaps, the equal distribution of services geographically and to all population groups,
and fair housing issues. Among those participating in the process were: Texas General Land
Office, Pearland Neighborhood Center, IMPACT Strategic Consulting, The Odom Group
Consultants, Texas Division of Emergency Management, Federal Emergency Management
Agency, Counseling Connections for Change, Adult Reading Center, Pearland Independent School
District (PISD), Pearland Convention & Visitors Bureau (CVB), Pearland Economic Development
Corporation, Brazoria County Housing Authority, Houston-Galveston Area Council (HGAC), and
others. Because housing and long-term economic resiliency are a critical component of
Pearland’s “road to recovery” following the Coronavirus pandemic, the City has included some
State agencies in the process..
Table 1 – Agencies, groups, organizations who participated
ActionS of Brazoria
City of Pearland – Parks & Recreation
Forever Parks Foundation
Pearland Neighborhood Center
Forgotten Angels Foundation
Texas Department of Housing & Community Affairs
Texas Division of Emergency Management
Harris County Auditor’s Office
Fort Bend County Auditor’s Office
Brazoria County Housing Authority
SEVA Clinic
Gathering Outcomes, Inc.
Identify any Agency Types not consulted and provide rationale for not consulting
Agencies that duplicate services prioritized in the City’s 5-year Consolidated Plan were not specifically
targeted for consultation. However, the City’s citizen participation and public involvement processes do
not restrict those perspectives and/or opinions from being provided for the sake of planning and program
delivery, or spending.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your
Strategic Plan overlap with the
goals of each plan?
COVID-19 Community Impact
Recovery Plan
City of Pearland No overlap but coordinated
investments in COVID-19
response and recover, via CARES
Act direct and pass-through
allocations to the City.
Table 2 – Other local / regional / federal planning efforts
Narrative (optional)
Annual Action Plan
HUD Program Year 2020 (City of Pearland Fiscal Year 2021)
1
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen
participation
Summarize citizen participation process and how it impacted goal-setting
The Citizen Participation process will continue to be an on-going element of the CDBG program.
Each year, the City makes a concerted effort to involve the residents in all of its planning activities.
In preparation for PY 2021, the City hosted a docketed public hearing for City Council members
and the public to provide input and discussion on potential spending priorities. The public hearing
was advertised on the City’s website. In addition, the public hearing notice was posted physically
at City Hall in its public notices window.
The public hearing was conducted at or after 6:00 PM on June 14, 2021. The public hearing
included an overview of the CDBG process with time given to receive the comments of every
attendee regarding housing, special population, community development and fair housing issues
in Pearland. There was an opportunity for discussion on better ways to collaborate and reach
more residents with services and opportunities to become involved in CDBG planning. A 30-day
comment period was included in the process.
The City has attended various meetings of public service agencies and provided information and
contacts for them to share with their staff, volunteers and program participants regarding the
CDBG program. The City is committed to working with public service agencies in identifying
needs, priorities, funding opportunities and opportunities to collaborate. One of the most effective
avenues to involving residents in the planning process is through the agencies that directly serve
them. Pearland will continue to encourage citizen participation, with particular emphasis on
participation by persons of very-low, low, and moderate income and those who are residents of
target areas in which funds are allocated or proposed to be allocated.
Citizen Participation Outreach
The City of Pearland has been involved in the public participation process and has relied on the
social service agencies to assist in outreach to the community, particularly minorities, non-English
speakers, elderly and persons with disabilities. The social service agencies were asked to provide
to their program participants information about CDBG and contact information and notices of
public hearings. The City will continue to attempt to host public hearings in different locations
around the City in future years, particularly in CDBG Target Areas and/or buildings housing
subrecipient agencies. The City will make information available at the public venues and will
provide meeting and public hearing notices to agencies for their consumers. The Mayor and City
Council are also ambassadors into the community to garner more public participation.
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Anticipated Resources
Program Source of
Funds Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income: $ Prior Year
Resources:
$
Total:
$
CDBG PY 2021
(City FY 2022)
HUD
Entitlement
Jurisdiction
Community
Development $455,947 $428,160 $884,107 $884,107 Regular allocation of
CDBG funds.
Totals $455,947 $428,160 $884,107 $884,107
Table 1 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local
funds), including a description of how matching requirements will be satisfied
These funds will leverage resource limitations that have failed to fully serve those with mental
health service needs and affordable housing. Federal funds will be used to fill in gaps where
uninsured/underinsured individuals with mental health needs are concerned, as there are often
situations where the beneficiary cannot afford co-pays, full services or other aspects of the costs
of service.
If appropriate, describe publically owned land or property located within the jurisdiction that
may be used to address the needs identified in the plan
No publicly owned land or property is being used to address any of the needs identified in the plan at this time.
Projects
AP-35 Projects – 91.220(d)
Introduction
During PY 2021 (City of Pearland FY 2022), the City will focus its CDBG funds on improving the
housing stock, increasing resources available to social service agencies meeting local
underserved needs, and other small community development activities.
Projects
# Project Name HUD National Objective Matrix Code
1 Code Enforcement 15
2 Housing Rehabilitation 14H
3 Mental Health Counseling 05O
4 Emergency Subsistence Payments – Rental Assistance 05Q
5 Senior Center – Facility Improvements 03A
6 Youth Services 05D
7 General Program Administration 21A
Table 1 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The primary allocation priorities for HUD Program Year 2021 (City of Pearland FY 2022) stem from the
need to restore allocation practices to pre-Coronavirus pandemic levels and provide and the necessary
traditional CDBG program support. Rental assistance, community health, senior center facility
improvements, youth services, housing rehabilitation, and code enforcement make up the expenditures
planned for during the applicable program year. The main obstacle to addressing these underserved needs
is funding, so the CDBG program resources will be used to address the highlighted unmet needs.
The tables below provide a breakdown of each proposed project by funding allocation and dollar amount
to be funded.
PY 2021 (City FY 22) HUD CDBG (Regular Allocation)
Implementing Entity Activity/Project Amount
City of Pearland Program Administration
(20%)
$91,189
City of Pearland Knapp Center - Expansion $160,469
City of Pearland Code Enforcement $59,788
City of Pearland Housing Rehabilitation
(Admin)
$76,500
Counseling Connections Mental Health Services $21,000
Gathering Outcomes Youth Services – Aftercare $22,000
Pearland Neighborhood
Center
Rental Assistance $25,000
FY 22 CDBG Total $455,947
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
Geographic Distribution
Target Area Percentage of Funds
CDBG 13.11%
Table 1 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
All area-based projects are located within established CDBG Target Areas with at least 45% low-moderate-
income households for work taking place during the City’s FY 2022. The primary basis for allocating
investments being the City’s 3rd 5-Year Consolidated Plan, other supportive activities produce specific
priorities each year towards meeting longer term goals and objectives. These include observational
research by local code enforcement support groups such as the Eyes of Pearland and the Citizen Patrol,
the City’s Capital Improvement Program (CIP), the Pearland Citizen Survey, Subrecipient funding
applications, and demographic indications of the need for specific investments. Therefore, in addition to
Fair Housing activities, the City will plan for the implementation of seven projects that serve low-moderate
income residents of the City of Pearland. The City proposes to use Community Development Block Grant
funds from HUD for:
• Continuation of its Code Enforcement in Low-Moderate Income Target Areas;
• Continuation of its single-family housing rehabilitation program for low-moderate income
Pearland residential homeowners that occupy such residences;
• Continuation of a program to provide short-term emergency financial assistance to eligible, local,
low-moderate income residents that are facing evictions, utility shut-offs, or even prescription
medicines for the elderly or mentally-disabled adults;
• Mental health services to low-moderate income residents;
• Youth services;
• Improvements to senior facilities or those experiencing excessive wear and tear; and
• General Program Administration
Code Enforcement (CDBG Eligibility Matrix Code 15)
Code Enforcement is an eligible expense under 24 CFR 570.202(c), and will be used to deploy a Code
Enforcement Officer to serve low-moderate income areas of town (CDBG Target Area) to identify code
violations, improve education and awareness of local standards, cite violators of local ordinances, and
encourage violators to self-remediate code infractions to avoid citations. The Census block group areas
affected will include:
CDBGU
OGID
CDBG
NAME ST TY ST CNTY
COUNTY
NAME TRACT
BLK
GRP
LOW
MOD
LOW
MOD
UNIV LOWMODPCT GEOID
484080 Pearland TX 52 48 039
Brazoria
County 660200 1 505 540 94% 15000US480396602001
484080 Pearland TX 52 48 039
Brazoria
County 660500 3 1085 1165 93% 15000US480396605003
484080 Pearland TX 52 48 039
Brazoria
County 660900 4 1685 1810 93% 15000US480396609004
484080 Pearland TX 52 48 039
Brazoria
County 660702 3 1500 2070 72% 15000US480396607023
484080 Pearland TX 52 48 039
Brazoria
County 660900 3 1725 2475 70% 15000US480396609003
484080 Pearland TX 52 48 039
Brazoria
County 660300 1 445 655 68% 15000US480396603001
484080 Pearland TX 52 48 039
Brazoria
County 661900 1 3470 5270 66% 15000US480396619001
484080 Pearland TX 52 48 039
Brazoria
County 660701 2 1130 1820 62% 15000US480396607012
484080 Pearland TX 52 48 039
Brazoria
County 660900 1 495 970 51% 15000US480396609001
484080 Pearland TX 52 48 039
Brazoria
County 660500 5 1165 2475 47% 15000US480396605005
484080 Pearland TX 52 48 039
Brazoria
County 660500 2 315 700 45% 15000US480396605002
Total % LMI 69%
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
One Year Goals for the Number of Households to be Supported
Homeless 0
Non-Homeless 20
Special-Needs 0
Total 73
Table 1 - One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households Supported Through
Rental Assistance 20
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 20
Table 2 - One Year Goals for Affordable Housing by Support Type
Discussion
The City will meet affordable housing objectives by sustaining housing for 20 low-moderate households
within the Entitlement Jurisdiction. These are households that are facing eviction and are low-moderate
income within the City of Pearland.
AP-65 Homeless and Other Special Needs Activities – 91.220(i)
Introduction
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness
including:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
There are very few services for the homeless, and no shelters, in Pearland. While the Gulf Coast
Homeless Coalition serves Pearland, its main focus is on Galveston Island, with limited activity in
the Angleton area far south of Pearland. Pearland Neighborhood Center, which the City supports
with CDBG funds, does provide food and referrals to homeless individuals and families. The City
continues to support Forgotten Angels which provides permanent supportive housing to disabled
adults who would be homeless if not for their group homes and supportive services.
Addressing the emergency shelter and transitional housing needs of homeless persons.
There are no emergency or transitional housing programs in Pearland or the immediate area.
Gulf Coast Center provides a limited number of units in Brazoria County relatively far removed
from Pearland. Bay Area Turning Point, a domestic violence shelter, can serve Pearland but is
located in Webster a significant distance from Pearland.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again.
Goodwill Industries no longer has a presence in Pearland, but does receive clients from Brazoria
County, specifically Pearland. They provide rapid rehousing, job training, and supportive services
to homeless individuals and families, particularly veterans, at one location in Galveston and three
locations in or south of downtown Houston. Though not easily accessible, they are available to
provide the services to Pearland residents.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: being discharged from publicly funded
institutions and systems of care (such as health care facilities, mental health facilities, foster
care and other youth facilities, and corrections programs and institutions); or, receiving
assistance from public or private agencies that address housing, health, social services,
employment, education, or youth needs.
The City funds Pearland Neighborhood Center to provide emergency rent/utility assistance and food
assistance to needy households to prevent homelessness, but the program does not specifically target or
track those who have been discharged from a publicly funded institution or system of care. There is no
local HMIS system and no local agencies specifically serving the homeless. Pearland Neighborhood Center
tracks the services they provide and that clients receive from other agencies, but the information is self-
declared and not in a centralized HMIS system. Those who are accessing health, housing, employment,
and other social services are residing in areas close to those services, such as Alvin or Angleton in Brazoria
County, or Houston.
The City’s HERO (Housing Enforcement & Rehabilitation Opportunities) program helps to prevent low-
income homeowners from becoming homeless when their homes are no longer safe or meet City codes.
The repairs and rehabilitation activities provide suitable living environments and improve affordability for
local, eligible homeowners that would otherwise face challenges sustaining a safe, livable home.
AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
Actions it planned to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment
Discussion:
The City of Pearland has reviewed and analyzed the public policies affecting the development,
availability, and cost of housing accessible to the low income and protected classes. All relevant
city ordinances have been reviewed and none impede fair housing choice. The majority of the
city’s housing stock was developed by developers in the Pearland Extraterritorial Jurisdiction (ETJ)
and then annexed into the City Limits. Therefore, ordinances regarding building type and size
were not applicable at the time of construction. New housing developments within the city limits
must follow standard 2015 international building codes, with a few local amendments. While
the City does have minimum lot size requirements for development, the ordinance is in keeping
with the general planning practices throughout Texas. A major barrier to the development of
affordable housing is the requirement to meet minimum standards for the construction of
windstorm resistant housing. These standards have been set forth by the Texas Department of
Insurance Windstorm in Title 28 of the V.T.C.A. Administrative Code, Section 5.4011 and adopted
by the City of Pearland. These standards have increased construction costs. Additionally, the
regulatory methods of reducing flood losses in new construction can increase the overall cost of
multi-family developments and subdivisions.
One regulatory issue that can have a disparate impact on affordable and fair housing is the lack
of a fair housing ordinance, and the City is committed to reviewing the viability and benefit of
establishing such an ordinance during the next five years.
An additional barrier, not related to public policies, include the relatively high income levels of
residents and those choosing to move to Pearland, driving the demand for higher-priced
housing. The majority of the housing in Pearland is less than 20 years old, pricing it out of reach
for most renters and many homebuyers.
Strategy to Remove or Ameliorate the Barriers to Affordable Housing
Without the funds that HOME and other HUD programs outside of CDBG provide, and with the
very limited CDBG funding, the City can do little to ameliorate the barriers to affordable housing.
What it can do and has committed to doing is to assist Brazoria County Housing Authority to
access landlords and encourage that they accept Section 8 HCVs and encourage Pearland
residents who have secured vouchers to seek out housing in Pearland. The City will also work
with Brazoria County, to the extent feasible, to identify potential developers who would be
willing to become CHDOs and construct affordable housing in the ETJ. The City will continue to
review LIHTC applications and give positive responses to those applications to the State that are
feasible and sound. The City will continue its owner occupied housing rehabilitation program to
assist low-income homeowners in remaining in their homes by bringing them up to code, making
them accessible, and stemming additional damage from deteriorated roofs or damaged
foundations. The City will work with the County or H-GAC when disaster recovery funds for
housing are released to ensure that Pearland residents receive equal access to the funds. The
City will also be reviewing the current ordinances and policies for any barriers to affordable and
fair housing and will be completing a new Fair Housing Plan. In conjunction with the plan will be
an investigation into the viability and efficacy of adopting a fair housing ordinance that would
indirectly address affordable housing. By improving the infrastructure, especially storm drainage,
in older, low-income areas, not only will the homes be better protected against damage but the
residents will have a better quality of life.
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1)
The City of Pearland receives no program income but will be expending funds on urgent need
activities.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l) (1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects
Table. The following identifies program income that is available for use that is included in projects to be
carried out.
1. The total amount of program income that will have been received before
the start of the next program year and that has not yet been reprogrammed
$0
2. The amount of proceeds from section 108 loan guarantees that will be
used during the year to address the priority needs and specific objectives
identified in the grantee's strategic plan
$0
3. The amount of surplus funds from urban renewal settlements $0
4. The amount of any grant funds returned to the line of credit for which the
planned use has not been included in a prior statement or plan.
$0
5. The amount of income from float-funded activities $0
Total Program Income $0
Other CDBG Requirements
1. The amount of urgent need activities $0
2. The estimated percentage of CDBG funds that will be used for activities that benefit
persons of low and moderate income. Overall Benefit –A consecutive period of one,
two or three years may be used to determine that a minimum overall benefit
of 70% of CDBG funds is used to benefit persons of low and moderate income.
Specify the years covered that include this Annual Action Plan.
100%
Discussion:
The City of Pearland receives no program income, but may be expending funds on urgent need
activities due to the Coronavirus pandemic. The percentage of CDBG funds that will be used for
activities benefitting LMI persons is based on the allocation to public services and other programs,
for which 100% of the beneficiaries are LMI. In addition, all of the subrecipients receiving CDBG
funds from Pearland’s allocation which serves 100% LMI individuals, plus the share of the LMI
population in the area-based projects.
Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort Order Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Code
Enforcement
(15)
2017 2021 Non-Housing
Community
Development
CDBG-
eligible
areas LMA
Code
Enforcement
CDBG: $59,788 Housing Code
Enforcement/Foreclosed Property
Care:
150 Annual Housing Unit
2 Owner Occupied
Housing
Rehabilitation and
Administration
(14A and 14H)
2017 2021 Affordable
Housing
City wide
LMC
Owner
Occupied
Housing
Rehabilitation
CDBG: $76,500 Homeowner Housing
Rehabilitated:
15 Annual Housing Unit
3 Mental Health
Services
(05O)
2017 2021 Non-Housing
Community
Development
City wide
LMC and
Urgent Need
Mental health
services
CDBG: $21,000 Public service activities other than
Low/Moderate Income Housing
Benefit:
50 Annual Persons Assisted
4 Subsistence
Payments
(05Q)
2017 2021 Non-Housing
Community
Development
City wide
LMC
Subsistence
Payments
CDBG: $25,000 Homelessness Prevention:
50 Annual Persons Assisted
5 Youth Services 2017 2021 Non-Housing
Community
Development
City-Wide
LMC
Childcare CDBG: $22,000 Number of LMC/LMI participants:
25
6 Senior Centers
(03A)
2017 2021 Non-Housing
Community
Development
LMC Facility
Improvements
CDBG: $160,469 Public service activities other than
Low/Moderate Income Housing
Benefit:
50 Annual Persons Assisted
Table 1 – Goals Summary
Goal Descriptions
1 Goal Name Code Enforcement
Goal
Description
Provide code enforcement activities in the CDBG-eligible neighborhoods.
2 Goal Name Owner Occupied Housing Rehabilitation
Goal
Description
Provide housing rehabilitation and accessibility retrofitting to low- to moderate-income homeowners to address code
violations and/or make the house safer and more livable.
3 Goal Name Mental Health Services
Goal
Description
Assist in funding counseling and other mental health services for children, families and adults.
4 Goal Name Subsistence Payments
Goal
Description
Provide funding for one-time rent/utility assistance to those in danger of eviction or utility cut-offs. This will help ensure
that the household does not become homeless before they can get back on their feet of secure long-term assistance.
5
Goal Name Youth Services
Goal
Description
Support the childcare needs of 25 households LMI/LMC
6
Goal Name Senior Centers
Goal
Description
Improvements/expansion of the Melvin Knapp Senior Center in Pearland, to promote social distancing in a post-COVID-19
public health capacity.
AP-60 Public Housing – 91.220(h)
Introduction
Actions planned during the next year to address the needs to public housing
Not applicable
Actions to encourage public housing residents to become more involved in management and
participate in homeownership
Not applicable
If the PHA is designated as troubled, describe the manner in which financial assistance will be
provided or other assistance
Not applicable
Discussion
Not applicable
AP-85 Other Actions – 91.220(k)
Introduction:
Pearland is dedicated to investing in and overcoming the obstacles that face the City and Pearland
agencies. In an effort to meet the ever-evolving needs of our residents, we are committed to the
long-term support of our community. The actions to be taken in PY 2021 include developing the
institutional structure, improving housing conditions and neighborhood quality, and addressing
the social service needs of the community.
Actions planned to address obstacles to meeting underserved needs
Direct actions to address the obstacles to meeting underserved needs include providing needed
CDBG funds to community partners for their on-going building improvements. We are addressing
the needs in many different angles:
The Adult Reading Center
The goal of The Adult Reading Center is to improve literacy while encouraging community
involvement. Part of the CDBG funded improvements will include repair to the roofing structure,
flooring and other elements allowing the center to continue to serve and meet the needs of their
eligible clientele.
Neighborhood Centers
For those who are having a hard time paying necessary household bills, we are teaming with our
community partners to help our residents address these obstacles. Through our partnership with
Pearland Neighborhood Centers, we can offer our low to moderate income single family owner
occupied beneficiaries with assistance emergency subsistence payments progress
(rental/utilities assistance). We believe that providing this much needed CDBG allocation will
help keep our families moving forward on the path toward success.
Counseling Connection for Change
Our partnership with Counseling Connection for Change provides mental health services to the
under-served community who face challenges post Hurricane Harvey. Families who are dealing
with serious mental health service crises, are often not in a financial position to allocate funds
for these necessary services. Working with Pearland ISD, student and family counseling services
post Hurricane Harvey will be available through CDBG funding to ensure that families are not only
recovering in their physical homes, but they are mentally recovering as well. Counseling services
to the uninsured and underinsured allows access to services that would not ordinarily be
available. Students in our school’s district are reeling in the aftermath of the tragedy of Hurricane
Harvey. As parents work to rebuild, we must make sure our students mental well-being doesn’t
get off track. We are committed to maintaining accessibility, affordability and sustainability for
mental health services.
Housing Rehabilitation Program-
The Housing Rehabilitation Program overcomes barriers to affordable housing. The City of
Pearland offers this program to address the needs of our citizens who have dilapidated homes in
need of major repair. In an effort to maintain pride in their home and reduce abandonment, we
allocate CDBG funds for needed repairs to provide a suitable living environment. Without the
CDBG funds, residents could move dangerously close to becoming homeless. The City’s program
provides a way for at least 15 low- to moderate-income owners who have deteriorating homes,
particularly with code violations, to repair and preserve their property.
Actions planned to foster and maintain affordable housing
Through our partnership with Pearland Neighborhood Centers, we can offer our low to moderate
income single family owner occupied beneficiaries with assistance emergency subsistence
payments progress (rental/utilities assistance).
The Housing Rehabilitation Program overcomes barriers to maintain affordable housing. The City
of Pearland offers this program to address the needs of our citizens who have dilapidated homes
in need of major repair. In an effort to maintain pride in their home and reduce abandonment,
we allocate CDBG funds for needed repairs to provide a suitable living environment. Without the
CDBG funds, residents could move dangerously close to becoming homeless. The City’s program
provides a way for at least 15 low- to moderate-income owners who have deteriorating homes,
particularly with code violations, to repair and preserve their property.
Actions planned to reduce lead-based paint hazards
Each of the homes slated for approved for housing rehabilitation will be evaluated for lead-based
paint and assessed as to the level of rehabilitation and if the work will disturb existing paint in
houses built before 1978. Based on the level of rehabilitation, appropriate remediation will take
place for those built before 1978. The owners of those homes will be given brochures on the
dangers of lead and lead-based paint, along with information on managing future repairs to
reduce LBP hazards. If there are children in the homes, the owners will be encouraged to have
them tested for elevated lead levels.
Actions planned to reduce the number of poverty-level families
None of the CDBG-funded activities for PY 2021 will directly reduce the number of poverty-level
families, but the City is committed to providing whatever assistance we can through working with
local agencies, community colleges, and UHCL in planning and implementing educational and job
training programs that will facilitate beneficiaries in moving out of poverty.
Actions planned to develop institutional structure
The City continually strives to develop and improve institutional structure within our own
departments, in other agencies and in collaborative efforts. During PY 2021, the City will ensure
that staff members will attend relevant trainings to increase their knowledge of HUD and CDBG
regulations and programming. These may be on-site trainings or webinars. The City current
collaborates closely with Brazoria County's Community Development office and this will continue
in PY 2021. All CDBG-funded agencies will receive one-on-one training during contract
negotiations and monitoring to enhance their internal and collaborative structure with the CDBG
program.
Actions planned to enhance coordination between public and private housing and social
service agencies
There are no public or private housing agencies in Pearland, however the City staff encourages
local social service agencies to coordinate with housing activities in Brazoria County outside of
the City. Additionally, the City does work closely with Forgotten Angels which maintains 12 group
homes for the intellectually disabled in Pearland. They are self-sufficient in-service provision
through their Day Hab center, in-house transportation, and other in-house services. However,
the City is a conduit to assist in linking Forgotten Angels to local mainstream services which may
benefit their residents, as well as informing social service agencies and advocacy groups about
Forgotten Angels and its housing and services.
Discussion:
With limited resources and limited private-sector institutional structure, Pearland is restricted in
the level of collaborative enhancements and capacity-building it can accomplish. However,
during PY 2021, it will continue to advocate for more collaboration among local agencies and
between local and regional agencies; identify and encourage funding applications from viable
local agencies; and, increase the institutional knowledge of agencies and city staff about the
CDBG program and its requirement.
SUBRECIPIENT AGREEMENT
between
THE CITY OF PEARLAND0 TEXAS
and
COUNSELING CONNECTIONS FOR CHANGE
PREAMBLE AND RECITALS
THIS AGREEMENT, entered into to be made effective on the 22ND day of March, 2022, by and between
the City of Pearland (herein called the "City") and Counseling Connection for Change (herein called the
"Subrecipient")
WHEREAS, the City is also a Community Development Block Grant (CDBG) Entitlement Jurisdiction
grantee of the U S Department of Housing & Urban Development (HUD) and anticipates HUD funds via
grant award/identification number B-21-MC-48-0400;
WHEREAS, the City has stated its intention to ensure the completion and compliance with federal, State
and local requirements, to document compliance with applicable CDBG terms and conditions, in addition
to the federal Uniform Administrative Requirements (UAR) as set forth in 2 CFR Part 200;
WHEREAS, the City shall ensure recognition of the role of the City 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, and
WHEREAS, the primary purpose of this CDBG funding is to cover expenses that are necessary
expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019
(COVID-19),
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
Activity#1 Provide mental health services for individuals and/or households impacted by
COVID-19 and reside within the City of Pearland, city limits.
Activity#2 Provide mental health services for low-moderate income individuals and/or
households that are uninsured or underinsured and reside within the City of
Pearland, city limits.
2. Administration
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CDBG Subrecipient Agreement
The Subrecipient 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 City Expenditures directly
related to the administration of these activities may be considered for reimbursement, including
and limited to. personnel involved in non-clinical program administration, financial management,
clerical/secretarial and/or audits of federal expenditures.
B Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and performance standards
as stated above Substandard performance as determined by the City 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 City, suspension or
termination procedures will be initiated
C Special Conditions
Title 31 CFR Part 35 (Coronavirus State and Local Fiscal Recovery Funds)
SECTION 2• PROJECT DESCRIPTION
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
Amount Funded $21,000
SECTION 3. TERM OF AGREEMENT
The term of this Agreement is through September 30, 2022, with a retroactive eligibility for
reimbursement of allowable costs beginning on October 1, 2021
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.
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CDBG Subrecipient 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 Twenty-One Thousand Dollars ($21,000) 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 proper costs identified
in the Subrecipient's application and budget and approved by the City unless any or all such costs are
disallowed by HUD
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 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:
Mental Health Services $19,000
FY 2022 Administrative Costs $2,000
TOTAL $21,000
In addition, the City 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 City Any amendments to the budget must be approved in writing by both the
City 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 City, the City shall make or arrange for payments to the Subrecipient
of allowable reimbursable costs not covered by previous payments,
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CDBG Subrecipient Agreement
B Disposition of program assets (including the return of all unused materials, equipment, unspent
cash advances, program income balances, and accounts receivable to the City),
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 are met and all outstanding issues with
the Subrecipient have been resolved to the satisfaction of the City
The Subrecipient's obligation to the City 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.
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 and 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 and 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
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CDBG Subrecipient Agreement
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 and/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 and/or HUD may order repayment of the same. The Subrecipient shall remit the disallowed amount
to the City within thirty (30) days of written hotice 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.
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
City/City Subrecipient
1st Level Joel Hardy Dawn Lawson
2nd Level Ron Fraser Dawn Lawson
3rd Level Clay Pearson Dawn Lawson
Address 3519 Liberty Drive 2549 Roy Road
Pearland, TX 77581 Pearland, TX 77581
SECTION 2: GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 2 of the Code of Federal Regulations,
Part 200 (Uniform Administrative Requirements) The Subrecipient also agrees to comply with all other
applicable Federal, State and local laws, regulations, and policies governing the funds provided under
City of Pearland,Texas Page 5 of 20
CDBG Subrecipient Agreement
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 HUD and other federal provisions applicable
to CDBG (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
• 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,
• 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 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 City 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 City 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.
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
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CDBG Subrecipient Agreement
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 City The Subrecipient shall 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 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 City's governing body Such amendments shall not invalidate
this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement.
The City 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
City and Subrecipient.
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
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CDBG Subrecipient Agreement
I Suspension or Termination
The City 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 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 CDBG 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 City 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 City 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 City determines that the remaining portion of the
award will not accomplish the purpose for which the award was made, the City 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
SECTION 3 ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1 Accounting Standards
The Subrecipient 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.
2. Cost Principles
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CDBG Subrecipient Agreement
The Subrecipient 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 Keeping
1 Records to be Maintained
The Subrecipient 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 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, and
• Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program
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 following the official
close-out and audit of the program 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
3. Beneficiary Data
If applicable, the Subrecipient 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 City 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 City'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
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5. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made
available to the City, 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 City 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 City 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 City upon termination of this
Agreement.
2. OMB Standards
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 )
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, 116 d, and Appendix C, 112 [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
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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, If 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 HUD, regardless of amount.
c. The contract is for federally-required audit services
E Travel
No CDBG funds may be used for travel
SECTION 4. 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 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 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;
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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;
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) 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 City 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 City
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.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
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
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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
1 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
2. 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 City, HUD or its agent, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules, regulations and provisions stated herein
3. 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.
4 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
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,
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CDBG Subrecipient Agreement
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
5. 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 City 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
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
City 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
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CDBG Subrecipient Agreement
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
D Conduct
1 Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior
written consent of the City; provided, however, that claims for money due or to become due to the
Subrecipient from the City 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 City All terms and conditions of this Agreement shall apply to any
approved subcontract or assignment related to the Agreement.
2. Subcontracts
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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 City 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 City along with documentation concerning the selection process
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 2 CFR 200 112, 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
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CDBG Subrecipient Agreement
obtain a financial interest in any contract, or have a financial interest in any contract,
subcontract, or agreement with respect to the CDBG-assisted activity, or with respect
to the proceeds from the CDBG-assisted activity, either for themselves or those with
whom they have business or immediate family ties, during their tenure or for a period
of one (1)year thereafter For purposes of this paragraph, a "covered person" includes
any person who is an employee, agent, consultant, officer, or elected or appointed
official of the City, 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
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 City 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
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CDBG Subrecipient Agreement
If this Agreement results in any copyrightable material or inventions, the City 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 2 CFR 3474 15 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, 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.
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 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
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CDBG Subrecipient Agreement
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
Flood Insurance Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation)
C 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 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 8 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 9 WAIVER
The City'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 City to exercise or enforce any right or
provision shall not constitute a waiver of such right or provision
SECTION 10 SUCCESSORS
This Agreement shall be binding upon each of the parties, their assigns, purchasers, trustees, and
successors.
SECTION 11 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the City 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 City and the Subrecipient with respect to
this Agreement.
SECTION 12. NO THIRD-PARTY BENEFICIARIES
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CDBG Subrecipient 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
City'
City of Pearland, Texas Federal I D # 74-6028909
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Subrecipient:
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City of Pearland,Texas Page 20 of 20
CDBG Subrecipient Agreement
Funding Approval/Agreement U.S.Department of Housing and Urban Development
Title I of the Housing and Community Office of Community Planning and Development
Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No.2506-0193
HI-00515R of 20515R exp 5/31/2018
1 Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit UEI Number
Pearland 746028909 HUBRXKNJG3C8
2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin
3519 Liberty Dr 10/01/2020
Pearland,TX 77581-5416 5a.Project/Grant No.1 6a.Amount Approved
B-20-MC-48-0400 $428,077
5b.Project/Grant No.2 6b.Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above-named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the
HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to tithe),and this Funding Approval,including any special conditions,constitute
part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution
of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above
provided the activities to which such costs are'related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding
assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee
agrees to assume all of the responsibilities for environmental review,decision making,and.actions,as specified and required in regulations issued by the Secretary
pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-.
recipient entities to which it makes funding assistance hereunder available.
U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization)
Stacia L.Johnson Pearland(City Of Pearland) Kevin Cole
Title 1 Title Mayor
CPD Director �— /
Signature / Date 04/20/2022 Signature Date(mm/dd/yyyy)
X �YV 4/26/2022
7 Category of Title I Assistance for this Funding Action: 8.Special Conditions 9a.Date HUD Received Submission 10.check one
(check one) 08/16/2021 ❑a.Orig.Funding
Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval
El Attached 04/20/2022 ®b.Amendment
Amendment Number
9c.Date of Start of Program Year
(10/01/2020)
11 Amount of Community Development
Block Grant FY(2020)
a.Funds Reserved for this Grantee $428,143
b.Funds now being Approved $428,077
c.Reservation to be Cancelled -$ 66
(11a minus 11b)
12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address.of Public Agency
N/A City Of Pearland
Loan Guarantee Acceptance Provisions for Designated Agencies: 3519 Liberty Dr
The public agency hereby accepts the Grant Agreement executed by the Pearland,TX 77581-5416
Department of Housing and Urban Development on the above date with
respect to the above grant number(s)as Grantee designated to receive loan 12c.Name of Authorized Official for Designated Public Agency •
guarantee assistance,and agrees to comply with the terms and conditions
of the Agreement,applicable regulations,and other requirements of HUD Title
now or hereafter in effect,pertaining to the assistance provided it.
Signature
X
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F
• 1 53 - - -
—
1 7 6 Project Number Amount
Y Project Number Amount
Date Entered PAS(mm/dd/yyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By
24 CFR 570 form HUD-7082(5/15)
8 Special Conditions.
(a) The period of performance for the funding assistance specified in the
Funding Approval ("Funding Assistance") shall begin on the date specified
in item 4 and shall end on September 1, 2027 The Grantee shall not incur
any obligations to be paid with such assistance after September 1, 2027
(b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set
forth below to the executed Agreement that is returned to HUD The Recipient
shall provide HUD with a revised schedule when any change is made to the
rate(s) described in the schedule. The schedule and any revisions HUD receives
from the Recipient shall be incorporated herein and made a part of this
Agreement,provided that the rate(s) described comply with 2 CFR part 200,
subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
Instructions. The Recipient must identify each agency or department of the Recipient that
will carry out activities under the grant,the indirect cost rate applicable to each
department/agency (including if the de minimis rate is used per 2 CFR §200 414(f)), and
the type of direct cost base to which the rate will be applied(for example, Modified Total
Direct Costs (MTDC)) Do not include indirect cost rates for subrecipients.
(c) In addition to the conditions contained on form HUD 7082,the grantee shall
comply with requirements established by the Office of Management and
Budget(OMB) concerning the Dun and Bradstreet Data Universal Numbering
System(DUNS), the System for Award Management(SAM.gov),the Federal
Funding Accountability and Transparency Act as provided in 2 CFR part 25,
Universal Identifier and General Contractor Registration, and 2 CFR part 170,
Reporting Subaward and Executive Compensation Information.
(d) The grantee shall ensure that no CDBG funds are used to support any Federal,
State, or local projects that seek to use the power of eminent domain,unless
eminent domain is employed only for a public use. For the purposes of this
requirement,public use shall not be construed to include economic
development that primarily benefits private
entities. Any use of funds for mass transit, railroad, airport, seaport or
highway projects as well as utility projects which benefit or serve the
general public (including energy-related, communication-related,water-
related and wastewater-related infrastructure), other structures designated
for use by the general public or which have other common-carrier or public-
utility functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfield as defined in the
Small Business Liability Relief and Brownfields Revitalization Act(Public
Law 107-118) shall be considered a public use for purposes of eminent
domain.
(e) The Grantee or unit of general local government that directly or indirectly
receives CDBG funds may not sell,trade, or otherwise transfer all or any
such portion of such funds to another such entity in exchange for any other
funds, credits or non-Federal considerations,but must use such funds for
activities eligible under title I of the Act.
(f) E.O 12372-Special Contract Condition-Notwithstanding any other
provision of this agreement, no funds provided under this agreement may be
obligated or extended for the planning or construction of water or sewer
facilities until receipt of written notification from HUD of the release of
funds on completion of the review procedures required under Executive
Order (E.0 ) 12372,Intergovernmental Review of Federal Programs, and
HUD's implementing regulations at 24 CFR Part 52. The recipient shall also
complete the review procedures required under E.O 12372 and 24 CFR Part
52 and receive written notification from HUD of the release of funds before
obligating or expending any funds provided under this agreement for any
new or revised activity for the planning or construction of water or sewer
facilities not previously reviewed under E.O 12372 and implementing
regulations
(g) CDBG funds may not be provided to a for-profit entity pursuant to section
105(a)(17) of the Act unless such activity or project has been evaluated and
selected in accordance with Appendix A to 24 CFR 570 "Guidelines and
Objectives for Evaluating Project Costs and Financial Requirements."
(Source -P.L. 113-235, Consolidated and Further Continuing
Appropriations Act,2015,Division K, Title II, Community Development
Fund)
Funding Approval/Agreement U.S.Department of Housing and Urban Development
Title I of the Housing and Community Office of Community Planning and Development
Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No.2506-0193
HI-00515R of 20515R exp 5/31/2018
1 Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit UEI Number
Pearland 746028909 HUBRXKNJG3C8
2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin
3519 Liberty Dr 10/01/2020
Pearland,TX 77581-5416 5a.Project/Grant No.1 6a.Amount Approved
B-20-MW-48-0400 $695,456
5b.Project/Grant No.2 6b.Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above-named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the
HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute
part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution
of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above
provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding
assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee
agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary
pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-
recipient entities to which it makes funding assistance hereunder available.
U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization) Kevin Cole
Stacia L.Johnson Pearland(City Of Pearland)
Title ) Title Mayor
CPD Director
Signature Date Signature Date(mm/dd/yyyy)
04/19/2022 04/20/2022
X tp
7 Category of Title I Assistance for this Funding Action: 8.Special Conditions 9a.Date HUD Received Submission 10.check one
(check one) 08/16/2021 ❑a.Orig.Funding
Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval
®Attached 04/19/2022 ®b.Amendment
9c.Date of Start of Program Year Amendment Number
(10/01/2020)
11 Amount of Community Development
Block Grant FY(2020)
a.Funds Reserved for this Grantee $695,456
b.Funds now being Approved
c.Reservation to be Cancelled
(11a minus 11b)
12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency
N/A City Of Pearland
Loan Guarantee Acceptance Provisions for Designated Agencies: 3519 Liberty Dr
The public agency hereby accepts the Grant Agreement executed by the Pearland,TX 77581-5416
Department of Housing and Urban Development on the above date with 12c.Name of Authorized Official for Designated Public Agency
respect to the above grant number(s)as Grantee designated to receive loan
guarantee assistance,and agrees to comply with the terms and conditions Title
of the Agreement,applicable regulations,and other requirements of HUD
now or hereafter in effect,pertaining to the assistance provided it.
Signature
X
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F
1 53' - - - —
1 76' — — — - �—
Y Project Number Amount
Y Project Number Amount
Date Entered PAS(mm/dd/yyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By
24 CFR 570 form HUD-7082(5/15)
Additional CDBG-CV Requirements
In addition to the terms and conditions in the Funding Approval/Agreement,the following requirements apply to
Grantees receiving CDBG-CV funds in accordance with the Coronavirus Aid,Relief and Economic Security Act
(CARES Act) (Pub L 116-136)
1) The Grantee agrees to comply with the requirements in the CARES Act that apply to CDBG-CV grants and
must use the CDBG-CV grant funds to prevent, prepare for and respond to coronavirus.
2) The grantee agrees to comply with the requirements of the Housing and Community Development Act
of 1974(42 USC 5301 et seq ) and implementing regulations at 24 CFR part 570, as now in effect and as
may be amended from time to time, and as modified by the rules, waivers and alternative
requirements published by HUD from time to time Rules, waivers and alternative requirements of
Federal Register notices applicable to CDBG-CV grants are hereby incorporated into and made a part of
the grant agreement.
3) The Grantee may use CDBG-CV funds as reimbursement for previously incurred costs, provided that
those costs are allowable and consistent with the CARES Act's purpose to prevent, prepare for and
respond to coronavirus.
4) The grantee agrees to establish and maintain adequate procedures to prevent any duplication of benefits
as required by section 312 of the Robert T Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of
Public Law 115-254, 132 Stat. 3442)
5) The period of performance for the funding assistance specified in the Funding Approval/Agreement
("Funding Assistance") shall be six years. It shall begin on the date specified in item 4 in the Funding
Approval/Agreement and shall end six years later, on the month and day specified in item 4 The Grantee
shall not incur any obligations to be paid with the Funding Assistance after this period of performance.
6) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed
Funding Approval/Agreement that is returned to HUD The Recipient shall provide HUD with a revised
schedule when any change is made to the rate(s) described in the schedule. The schedule and any
revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Funding
Approval/Agreement,provided that the rate(s) described comply with 2 CFR part 200, subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
Instructions The Recipient must identify each agency or department of the Recipient that will carry
out activities under the grant,the indirect cost rate applicable to each department/agency (including
if the de minimis rate is used per 2 CFR §200 414(f)), and the type of direct cost base to which the
rate will be applied (for example,Modified Total Direct Costs (MTDC)) Do not include indirect
cost rates for subrecipients.
7) In addition to the conditions contained in the Funding Approval/Agreement(form HUD 7082),the grantee
shall comply with requirements established by the Office of Management and Budget(OMB) concerning
the Dun and Bradstreet Data Universal Numbering System (DUNS),the System for Award Management
(SAM.gov),the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25,
Universal Identifier and General Contractor Registration, and 2 CFR part 170,Reporting Subaward and
Executive Compensation Information.
8) The grantee shall ensure that no CDBG-CV funds are used to support any Federal, State, or local projects
that seek to use the power of eminent domain, unless eminent domain is employed only for a public
use. For the purposes of this requirement,public use shall not be construed to include economic
development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport,
seaport or highway projects as well as utility projects which benefit or serve the general public (including
energy-related, communication-related,water-related and wastewater-related infrastructure), other
structures designated for use by the general public or which have other common-carrier or public-utility
functions that serve the general public and are subject to regulation and oversight by the government, and
projects for the removal of an immediate threat to public health and safety or brownfield as defined in the
Small Business Liability Relief and Brownfields Revitalization Act(Public Law 107-118) shall be
considered a public use for purposes of eminent domain.
9) The Grantee or unit of general local government that directly or indirectly receives CDBG-CV funds may
not sell,trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange
for any other funds, credits or non-Federal considerations,but must use such funds for activities eligible
under title I of the Act.
10)E.0 12372-Special Contract Condition-Notwithstanding any other provision of this agreement,no funds
provided under this agreement may be obligated or expended for the planning or construction of water or
sewer facilities until receipt of written notification from HUD of the release of funds on completion of the
review procedures required under Executive Order(E.0) 12372, Intergovernmental Review of Federal
Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the
review procedures required under E.0 12372 and 24 CFR Part 52 and receive written notification from
HUD of the release of funds before obligating or expending any funds provided under this agreement for
any new or revised activity for the planning or construction of water or sewer facilities not previously
reviewed under E.0 12372 and implementing regulations.
11)CDBG-CV funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless
such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570-
"Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source—This
condition is included as requirement on the use of fiscal year 2020 CDBG funds by the Community
Development Fund heading, Department of Housing and Urban Development Appropriations Act, 2020,
Public Law 116-94, and is made applicable to this grant by the CARES Act)
Page 1 of 1
jCoccs Line of Credit Control System (A67) L _ ; k''
I�Veb Award Number Query G4 MR.! -^ .�j i .' .
Front Page OP Award Number Query
B20MW480400 Project exists only in PAS database User D Reynolds
CPD's Integrated Disb &Inf System (IDIS)
flFunding ` Dates+ Transactionsli
LOCCS Contractual Organization UEI Organization (information from
GSA SAM.gov) No Business
TIN: UEI -none- DUNS No.-none- Partner/UEI
information
exists for this
award
Funding Key Aux.Info FY of Fund Current Funding
LOCCS Availability
Program
Area Award PGM PoA FRO FO BFY4 HUD/AFAppro Treasury Begin End Cancel Committed Obligated Contracted Disbursed Balance
Number Cd Cd Y No Symbol (126) (153) (176)
B-20-
IDIS 48w E9C 3 2 06 24 2022 1162 86 0/20162 2020 2022 2027 443,583.00 0.00 0.00 0.00 0.00
0400
E9C 3 1 06 24 2021 1162 86 0/20162 2020 2022 2027 0.00 0.00 0.00 0.00 0.00
ECV 3 2 06 24 2022 1162 86 0/20162 2020 2022 2027 251,873.00 0.00 0.00 0.00 0.00
ECV 3 1 06 24 2021 1162 86 0/20162 2020 2022 2027 0.00 0.00 0.00 0 00 0.00
ECV 3 0 06 24 2020 1162 86 0/20162 2020 2022 2027 0.00 0.00 0.00 0.00 0.00
IDIS CPD's Integrated Disb & Inf System Total. 695,456.00 0.00 0.00 0.00 0.00
Backs
http.//loces.hud.gov/loccs/ 4/19/2022
Funding Approval/Agreement U.S.Department of Housing and Urban Development
Title I of the Housing and Community Office of Community Planning and Development
Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No.2506-0193
HI-00515R of 20515R exp 5/31/2018
1 Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit UEI Number
Pearland 746028909 HUBRXKNJG3C8
2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin
3519 Liberty Dr 10/01/2021
Pearland,TX 77581-5416 5a.Project/Grant No.1 6a.Amount Approved
B-21-MC-48-0400 $462,666
5b.Project/Grant No.2 6b.Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the
HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute
part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution
of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above
provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding
assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee
agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary
pursuant to Section I04(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-
recipient entities to which it makes funding assistance hereunder available.
U.S.Department of Housing and.Urban Development(By Name). ' Grantee Name(Contractual Organization)
_ Stacia L.Johnson Pearland(City of Pearland) Kevin Cole
Title Title
CPD Director ,
Mayor
Signature Date Signature Date(mm/dd/yyyy)
04/19/2022 X � '`I
y 4126/2022
7 Category of Title I Assistance for this Funding Action: 8.Special Conditions 9a.Date HUD Received Submission 10.check one
(check one) 08/16/2021 ®a.Orig..Funding
Entitlement,Sec 106(b) ❑None Approval
El Attached 9b.Date Grantee Notified ❑b.Amendment
04/19/2022 Amendment Number
9c.Date of Start of Program Year
(10/01/2021)
11 Amount of Community Development
Block Grant FY 2021
a.Funds Reserved for this Grantee $462,666
b.Funds now being Approved
c.Reservation to be Cancelled
(11a minus 11b)
12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency
N/A City of Pearland
Loan Guarantee Acceptance Provisions for Designated Agencies: 3519 Liberty Dr
The public agency hereby accepts the Grant Agreement executed by the Pearland,TX 77581-5416
Department of Housing and Urban Development on the above date with
respect to the above grant number(s)as Grantee designated to receive loan 12c.Name of Authorized Official for Designated Public Agency
guarantee assistance,and agrees to comply with the terms and conditions
of the Agreement,applicable regulations,and other requirements of HUD Title
now or hereafter in effect,pertaining to the assistance provided it.
Signature
X
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F
1 5 3
1 7 6 Y — Project Number Amount
Y Project Number Amount
Date Entered PAS(mm/dd/yyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By
24 CFR 570 form HUD-7082(5/15)
8 Special Conditions.
(a) The period of performance for the funding assistance specified in the Funding Approval
("Funding Assistance") shall begin on the date specified in item 4 and shall end on
September 1,2028 The Grantee shall not incur any obligations to be paid with such
assistance after September 1, 2028
(b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth
below to the executed Agreement that is returned to HUD The Recipient shall provide
HUD with a revised schedule when any change is made to the rate(s) described in the
schedule. The schedule and any revisions HUD receives from the Recipient shall be
incorporated herein and made a part of this Agreement,provided that the rate(s)
described comply with 2 CFR part 200, subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
Instructions The Recipient must identify each agency or department of the Recipient that will
carry out activities under the grant, the indirect cost rate applicable to each department/agency
(including if the de minimis rate is used per 2 CFR §200 414(f)), and the type of direct cost base
to which the rate will be applied(for example,Modified Total Direct Costs (MTDC)) Do not
include indirect cost rates for subrecipients.
(c) In addition to the conditions contained on form HUD 7082,the grantee shall comply
with requirements established by the Office of Management and Budget (OMB)
concerning the Dun and Bradstreet Data Universal Numbering System(DUNS);the
System for Award Management(SAM.gov),the Federal Funding Accountability and
Transparency Act as provided in 2 CFR part 25, Universal Identifier and General
Contractor Registration, and 2 CFR part 170, Reporting Subaward and Executive
Compensation Information.
(d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or
local projects that seek to use the power of eminent domain, unless eminent domain is
employed only for a public use. For the purposes of this requirement,public use shall
not be construed to include economic development that primarily benefits private
entities. Any use of funds for mass transit,railroad, airport, seaport or highway
projects as well as utility projects which benefit or serve the general public(including
energy-related, communication-related,water-related and wastewater-related
infrastructure), other structures designated for use by the general public or which have
other common-carrier or public-utility functions that serve the general public and are
subject to regulation and oversight by the government, and projects for the removal of
an immediate threat to public health and safety or brownfield as defined in the Small
Business Liability Relief and Brownfields Revitalization Act(Public Law 107-118)
shall be considered a public use for purposes of eminent domain.
(e) The Grantee or unit of general local government that directly or indirectly receives
(f) CDBG funds may not sell,trade, or otherwise transfer all or any such portion of such
funds to another such entity in exchange for any other funds, credits or non-Federal
considerations, but must use such funds for activities eligible under title I of the Act.
(g) E.O 12372-Special Contract Condition-Notwithstanding any other provision of this
agreement,no funds provided under this agreement may be obligated or expended for
the planning or construction of water or sewer facilities until receipt of written
notification from HUD of the release of funds on completion of the review procedures
required under Executive Order(E.0) 12372, Intergovernmental Review of Federal
Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall
also complete the review procedures required under E.O 12372 and 24 CFR Part 52
and receive written notification from HUD of the release of funds before obligating or
expending any funds provided under this agreement for any new or revised activity for
the planning or construction of water or sewer facilities not previously reviewed under
E.O 12372 and implementing regulations.
(h) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17)
of the Act unless such activity or project has been evaluated and selected in accordance
with Appendix A to 24 CFR 570 -"Guidelines and Objectives for Evaluating Project
Costs and Financial Requirements." (Source-P.L 113-235, Consolidated and Further
Continuing Appropriations Act,2015, Division K, Title II, Community Development
Fund)
SUBRECIPIENT AGREEMENT
between
THE CITY OF PEARLAND, TEXAS
and
PEARLAND NEIGHBORHOOD CENTER
PREAMBLE AND RECITALS
THIS AGREEMENT, entered into to be made effective on the 1st day of October 2022, by and between
the City of Pearland (herein called the "City") and Pearland Neighborhood Center (herein called the
`Subrecipient").
WHEREAS, the City is also a Community Development Block Grant (CDBG) Entitlement Jurisdiction
grantee of the U.S. Department of Housing & Urban Development (HUD) and anticipates HUD funds via
grant award/identification number B-21-MC-48 0400
WHEREAS, the City has stated its intention to ensure the completion and compliance with federal, State
and local requirements, to document compliance with applicable CDBG terms and conditions, in addition
to the federal Uniform Administrative Requirements (UAR) as set forth in 2 CFR Part 200;
WHEREAS, the City shall ensure recognition of the role of the City 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;
WHEREAS, the primary purpose of this CDBG funding is to cover expenses that are necessary
expenditures incurred due to the need for emergency subsistence in Pearland for rent and/or utilities for
low -moderate income residents (HUD Matrix Code — National Objective 05Q); and
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is
agreed between the parties hereto that
SECTION 1: SCOPE OF SERVICE
A. Activities
ARTICLE 1- PROJECT
Anticipated Units of Service (20) Cost per Unit ($1,268.45)
Activity #1 Provide HUD/CDBG-funded emergency subsistence payments to landlords on
behalf of eligible, low -moderate income Pearland residents for the purpose of
preventing evictions from rental property located within the City limits.
Activity #2 Provide HUD/CDBG-funded emergency subsistence payments to utility service
providers on behalf of eligible, low -moderate income Pearland residents for the
purpose of preventing documented utility cut-offs, or payments needed to restore
utility services; specifically, gas, electricity and/or water/wastewater, but
excluding cable television, wireless Internet and other non -essential services.
City of Pearland Texas Page 1 of 20
CDBG Subrecipient Agreement
B. Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and performance standards
as stated above Substandard performance as determined by the City 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 City, suspension or
termination procedures will be initiated.
C. Special Conditions None
S ECTION 2: PROJECT DESCRIPTION
Type of Project: Pearland Neighborhood Center — Emergency Subsistence
Project Location: Pearland Neighborhood Center — 2335 N. Texas Avenue
S ervice Area: City -Wide
Matrix Code:
05Q
Basic Eligibility Citation: 24. CF.R
570201(e)
Public Services
Amount Funded: $25,369
S ECTION 3• TERM OF AGREEMENT
The term of this Agreement is through September 30, 2022, with a retroactive eligibility for
reimbursement of allowable costs beginning on October 1, 2021.
S ECTION 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. Monthly 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. Monthly reports on demographic and income information regarding persons assisted by the
Subrecipient through this Agreement.
C. Monthly reimbursement requests that also serve as a monthly reporting of financial progress.
D. 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
S ECTION 1: PAYMENTS AND BUDGET
A. General Statement
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The City shall reimburse the Subrecipient allowable costs for services identified in this Agreement not to
exceed Twenty -Five Thousand Six Hundred and Sixty -Nine Dollars ($25,369) 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 HUD. The project is budgeted to assist approximately
20 households, providing assistance to approximately 50 people.
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
S ubrecipient's financial management system in accordance with the standards specified in applicable
sections of 2 CFR 200. 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
P aragraph 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
Emergency Subsistence (Rental/Utility Payments)
Amount:
$25,369
In addition, the City 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 City. Any amendments to the budget must be approved in writing by both the
City and the Subrecipient.
D. Closeout
U pon 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 City, 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 City)
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 are met and all outstanding issues with
the Subrecipient have been resolved to the satisfaction of the City.
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CDBG Subrecipient Agreement
The Subrecipient s obligation to the City shall not end until all closeout requirements are completed.
N otwithstanding 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.
S ECTION 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
u pon 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.
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 and 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 and 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.
S ECTION 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
n eeded for payment of eligible costs
In the event that the City and/or HUD determines that any funds were expended by the Subrecipient for
u nauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the
City and/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.
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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.
ARTICLE 3- GENERAL CONDITIONS AND REQUIREMENTS
S ECTION 1: NOTICES
N otices 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.
1st Level
2nd Level
3'd Level
Address
City/City Subrecipient
Joel Hardy
Ron Fraser
Clay Pearson
3519 Liberty Drive
Pearland, TX 77581
S ECTION 2: GENERAL CONDITIONS
A. General Compliance
Debbie Rubestello
Debbie Rubestello
Debbie Rubestello
2335 N. Texas Avenue
Pearland TX 77581
The Subrecipient agrees to comply with the requirements of Title 2 of the Code of Federal Regulations,
Part 200 (Uniform Administrative Requirements). 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 HUD and other federal provisions applicable
to CDBG (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:
• The Davis -Bacon Fair Labor Standards Act
■ The Contract Work Hours and Safety Standards Act of 1962;
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CDBG Subrecipient Agreement
•
•
Copeland "Anti -Kickback" Act of 1934;
U niform 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;
N on-discrimination in employment, established by Executive Order 11246 (as amended by
Executive Orders 11375 and 12086);
S ection 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;
N ational 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 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 City 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 City 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.
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 City The Subrecipient shall 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 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
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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 City's governing body. Such amendments shall not invalidate
this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement.
The City 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
City and Subrecipient.
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 City 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 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 CDBG guidelines, policies or directives as may
become applicable at any time,
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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 City 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 City 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 City determines that the remaining portion of the
award will not accomplish the purpose for which the award was made, the City 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.
SECTION 3: ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient 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.
2. Cost Principles
The Subrecipient 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 Keeping
1. Records to be Maintained
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The Subrecipient 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 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; and
Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program.
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 following the official
close-out and audit of the program 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.
3 Beneficiary Data
If applicable, the Subrecipient 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 City 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 City'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 City, 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
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future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in
accordance with current City 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 City 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 City upon termination of this
Ag reement.
2. OMB Standards
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.)
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.
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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.
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 HUD, regardless of amount.
c. The contract is for federally required audit services.
E. Travel
N o CDBG funds may be used for travel.
S ECTION 4: 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
o pportunities laws in 2 CFR 3187.12. These applicable nondiscrimination provisions stipulate that
n o 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
o rientation, familial status, religion, national origin, creed, ancestry, marital status, age or disability
o r 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.
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). 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 City 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 City
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. 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
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.
B. Affirmative Action
1. Women- and Minority -Owned Businesses (W/MBE)
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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.
2. 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 City, HUD or its agent, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules, regulations and provisions stated herein.
3. 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.
4. 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.
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.
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The Subrecipient agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this nondiscrimination clause.
5. 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
o rganization 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 City for review
u pon 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
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
City 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
o r 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.
City of Pearland Texas Page 14 of 20
CDBG Subrecipient Agreement
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.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior
written consent of the City; provided, however that claims for money due or to become due to the
Subrecipient from the City 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 City. 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 City prior to the execution
of such agreement.
City of Pearland Texas Page 15 of 20
CDBG Subrecipient 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 City along with documentation concerning the selection process.
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 2 CFR 200.112, 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 City, the Subrecipient, or any designated public agency.
City of Pearland, Texas Page 16 of 20
CDBG Subrecipient Agreement
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
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.0 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. City 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 City 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 2 CFR 3474.15 such as worship religious instruction,
City of Pearland, Texas Page 17 of 20
CDBG Subrecipient Agreement
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, 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.
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. 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
Flood Insurance Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
City of Pearland, Texas Page 18 of 20
CDBG Subrecipient Agreement
C. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
N ational 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
P roperties, 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.
S ECTION 7: 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.
S ECTION 8: 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.
S ECTION 9: WAIVER
The City'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 City to exercise or enforce any right or
provision shall not constitute a waiver of such right or provision.
S ECTION 10: SUCCESSORS
This Agreement shall be binding upon each of the parties, their assigns, purchasers, trustees, and
successors.
S ECTION 11: ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the City 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 City and the Subrecipient with respect to
this Agreement.
S ECTION 12: 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
S ECTION 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.
City of Pearland, Texas Page 19 of 20
CDBG Subrecipient Agreement
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most recent
signatory.
City:
City of Pearland, Texas Federal I.D. # 74-6028909
Subrecipient:
Pearland Neighborhood Center
Federal I.D. 7 5 Q7 / 313 / 7
tA rAutibilialigb
AUTHORIZED OFFICIAL
-e_.bocc, h 3 rr /o
PRINTED NAME
2;7" %
DATE
DUNS #COOICP25161
cc e- AAtete,t)
TITLE
67/ 7
DATE
City of Pearland, Texas Page 20 of 20
CDBG Subrecipient Agreement
Funding ApprovaUAgreemen( U.S.Department of Housing and 1 n Development
Title I of the Housing and Community Office of Community Planning and Development
Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No.2506-0193
HI-00515R of 20515R exp 5/31/2018
1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit UEI Number
Pearland 746028909 HUBRXKNJG3C8
2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin
3519 Liberty Dr 10/01/2020
Pearland,TX 77581-5416 5a.Project/Grant No.1 6a.Amount Approved
B-20-MC-48-0400 $428,077
5b.Project/Grant No.2 6b.Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above-named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the
HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute
part of the Agreement Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution
of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above
provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding
assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee
agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary
pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-
recipient entities to which it makes funding assistance hereunder available.
U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization)
Stacia L.Johnson Pearland(City Of Pearland) Kevin Cole
Title i11 /1 Title Mayor •
CPD Director --01 ' /
Signature Date 04/20/2022 Signature Date(mm/dd/yyyy)
X L �— 4/26/2022
7.Category of Title I Assistance for this Funding Action: 8.Special Conditions 9a.Date HUD Received Submission 10.check one
(check one) 08/16/2021 ❑a.Orig.Funding
Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval
®Attached 04/20/2022 El b.Amendment
Amendment Number
9c.Date of Start of Program Year
(10/01/2020)
11.Amount of Community Development
Block Grant FY(2020)
a.Funds Reserved for this Grantee $428,143
b.Funds now being Approved $428,077
c.Reservation to be Cancelled -$ 66
(11a minus 11b)
12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency
N/A City Of Pearland
Loan Guarantee Acceptance Provisions for Designated Agencies: 3519 Liberty Dr
The public agency hereby accepts the Grant Agreement executed by the Pearland,TX 77581-5416
Department of Housing and Urban Development on the above date with
respect to the above grant number(s)as Grantee designated to receive loan 12c.Name of Authorized Official for Designated Public Agency
guarantee assistance,and agrees to comply with the terms and conditions
of the Agreement,applicable regulations,and other requirements of HUD Title
now or hereafter in effect,pertaining to the assistance provided it.
Signature
X
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F
1 5 3 — — — I —
1 7 6 Y Project Number Amount
Y Project Number Amount
Date Entered PAS(mm/ddlyyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By
24 CFR 570 form HUD-7082(5/15)
8. Special Conditions.
(a) The period of performance for the funding assistance specified in the
Funding Approval ("Funding Assistance") shall begin on the date specified
in item 4 and shall end on September 1, 2027. The Grantee shall not incur
any obligations to be paid with such assistance after September 1, 2027.
(b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set
forth below to the executed Agreement that is returned to HUD. The Recipient
shall provide HUD with a revised schedule when any change is made to the
rate(s) described in the schedule. The schedule and any revisions HUD receives
from the Recipient shall be incorporated herein and made a part of this
Agreement,provided that the rate(s) described comply with 2 CFR part 200,
subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
Instructions: The Recipient must identify each agency or department of the Recipient that
will carry out activities under the grant,the indirect cost rate applicable to each
department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and
the type of direct cost base to which the rate will be applied (for example, Modified Total
Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients.
(c) In addition to the conditions contained on form HUD 7082,the grantee shall
comply with requirements established by the Office of Management and
Budget(OMB) concerning the Dun and Bradstreet Data Universal Numbering
System (DUNS);the System for Award Management(SAM.gov.); the Federal
Funding Accountability and Transparency Act as provided in 2 CFR part 25,
Universal Identifier and General Contractor Registration; and 2 CFR part 170,
Reporting Subaward and Executive Compensation Information.
(d) The grantee shall ensure that no CDBG funds are used to support any Federal,
State, or local projects that seek to use the power of eminent domain, unless
eminent domain is employed only for a public use.For the purposes of this
requirement,public use shall not be construed to include economic
development that primarily benefits private
entities. Any use of funds for mass transit, railroad, airport, seaport or
highway projects as well as utility projects which benefit or serve the
general public (including energy-related, communication-related,water-
related and wastewater-related infrastructure), other structures designated
for use by the general public or which have other common-carrier or public-
utility functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfield as defined in the
Small Business Liability Relief and Brownfields Revitalization Act(Public
Law 107-118) shall be considered a public use for purposes of eminent
domain.
(e) The Grantee or unit of general local government that directly or indirectly
receives CDBG funds may not sell,trade, or otherwise transfer all or any
such portion of such funds to another such entity in exchange for any other
funds, credits or non-Federal considerations, but must use such funds for
activities eligible under title I of the Act.
(f) E.O. 12372-Special Contract Condition-Notwithstanding any other
provision of this agreement, no funds provided under this agreement may be
obligated or expended for the planning or construction of water or sewer
facilities until receipt of written notification from HUD of the release of
funds on completion of the review procedures required under Executive
Order(E.O.) 12372, Intergovernmental Review of Federal Programs, and
HUD's implementing regulations at 24 CFR Part 52. The recipient shall also
complete the review procedures required under E.O. 12372 and 24 CFR Part
52 and receive written notification from HUD of the release of funds before
obligating or expending any funds provided under this agreement for any
new or revised activity for the planning or construction of water or sewer
facilities not previously reviewed under E.O. 12372 and implementing
regulations.
(g) CDBG funds may not be provided to a for-profit entity pursuant to section
105(a)(17) of the Act unless such activity or project has been evaluated and
selected in accordance with Appendix A to 24 CFR 570 "Guidelines and
Objectives for Evaluating Project Costs and Financial Requirements."
(Source -P.L. 113-235, Consolidated and Further Continuing
Appropriations Act, 2015,Division K, Title II, Community Development
Fund).
f
Funding Approval/Agreement U.S.Department of Housing and Urban Development
Title I of the Housing and Community Office of Community Planning and Development
Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No.2506-0193
HI-00515R of 20515R exp 5/31/2018
1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit UEI Number
Pearland 746028909 HUBRXKNJG3C8
2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin
3519 Liberty Dr 10/01/2020
Pearland,TX 77581-5416 5a.Project/Grant No.1 6a.Amount Approved
B-20-MW-48-0400 $695,456
5b.Project/Grant No.2 6b.Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above-named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the
HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute
part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution
of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above
provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding
assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee
agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary
pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-
recipient entities to which it makes funding assistance hereunder available.
U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization) Kevin Cole
Stacia L.Johnson Pearland(City Of Pearland)
Title t ) Title Mayor
CPD Director r'�
Signature Date Signature Date(mm/dd/yyyy)
04/19/2022 04/20/2022
7.Category of Title I Assistance for this Funding Action: 8.Special Conditions 9a.Date HUD Received Submission 10.check one
(check one) 08/16/2021 ❑a.Orig.Funding
Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval
®Attached 04/19/2022 ®b.Amendment
9c.Date of Start of Program Year Amendment Number
(10/01/2020)
11.Amount of Community Development
Block Grant FY(2020)
a.Funds Reserved for this Grantee $695,456
b.Funds now being Approved
c.Reservation to be Cancelled
(11a minus 11b)
12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency
N/A City Of Pearland
Loan Guarantee Acceptance Provisions for Designated Agencies: 3519 Liberty Dr
The public agency hereby accepts the Grant Agreement executed by the Pearland,TX 77581-5416
Department of Housing and Urban Development on the above date with 12c.Name of Authorized Official for Designated Public Agency
respect to the above grant number(s)as Grantee designated to receive loan
guarantee assistance,and agrees to comply with the terms and conditions Title
of the Agreement,applicable regulations,and other requirements of HUD
now or hereafter in effect,pertaining to the assistance provided it.
Signature
x
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F
153
1 7 6 — — —
Y Project Number Amount
Y Project Number Amount
Date Entered PAS(mm/dd/yyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By
24 CFR 570 form HUD-7082(5/15)
Additional CDBG-CV Requirements
In addition to the terms and conditions in the Funding Approval/Agreement,the following requirements apply to
Grantees receiving CDBG-CV funds in accordance with the Coronavirus Aid,Relief and Economic Security Act
(CARES Act) (Pub. L. 116-136).
1) The Grantee agrees to comply with the requirements in the CARES Act that apply to CDBG-CV grants and
must use the CDBG-CV grant funds to prevent, prepare for and respond to coronavirus.
2) The grantee agrees to comply with the requirements of the Housing and Community Development Act
of 1974(42 USC 5301 et seq.) and implementing regulations at 24 CFR part 570, as now in effect and as
may be amended from time to time, and as modified by the rules, waivers and alternative
requirements published by HUD from time to time. Rules, waivers and alternative requirements of
Federal Register notices applicable to CDBG-CV grants are hereby incorporated into and made a part of
the grant agreement.
3) The Grantee may use CDBG-CV funds as reimbursement for previously incurred costs, provided that
those costs are allowable and consistent with the CARES Act's purpose to prevent, prepare for and
respond to coronavirus.
4) The grantee agrees to establish and maintain adequate procedures to prevent any duplication of benefits
as required by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of
Public Law 115-254; 132 Stat. 3442).
5) The period of performance for the funding assistance specified in the Funding Approval/Agreement
("Funding Assistance") shall be six years. It shall begin on the date specified in item 4 in the Funding
Approval/Agreement and shall end six years later, on the month and day specified in item 4. The Grantee
shall not incur any obligations to be paid with the Funding Assistance after this period of performance.
6) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed
Funding Approval/Agreement that is returned to HUD. The Recipient shall provide HUD with a revised
schedule when any change is made to the rate(s) described in the schedule. The schedule and any
revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Funding
Approval/Agreement,provided that the rate(s) described comply with 2 CFR part 200, subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
Instructions: The Recipient must identify each agency or department of the Recipient that will carry
out activities under the grant, the indirect cost rate applicable to each department/agency (including
if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the
rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect
cost rates for subrecipients.
7) In addition to the conditions contained in the Funding Approval/Agreement (form HUD 7082),the grantee
shall comply with requirements established by the Office of Management and Budget(OMB) concerning
the Dun and Bradstreet Data Universal Numbering System (DUNS);the System for Award Management
(SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25,
Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and
Executive Compensation Information.
8) The grantee shall ensure that no CDBG-CV funds are used to support any Federal, State, or local projects
that seek to use the power of eminent domain, unless eminent domain is employed only for a public
use. For the purposes of this requirement,public use shall not be construed to include economic
development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport,
seaport or highway projects as well as utility projects which benefit or serve the general public (including
energy-related, communication-related,water- related and wastewater-related infrastructure), other
structures designated for use by the general public or which have other common-carrier or public-utility
functions that serve the general public and are subject to regulation and oversight by the government, and
projects for the removal of an immediate threat to public health and safety or brownfield as defined in the
Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be
considered a public use for purposes of eminent domain.
9) The Grantee or unit of general local government that directly or indirectly receives CDBG-CV funds may
not sell,trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange
for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible
under title I of the Act.
10)E.O. 12372-Special Contract Condition-Notwithstanding any other provision of this agreement,no funds
provided under this agreement may be obligated or expended for the planning or construction of water or
sewer facilities until receipt of written notification from HUD of the release of funds on completion of the
review procedures required under Executive Order(E.O.) 12372, Intergovernmental Review of Federal
Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the
review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from
HUD of the release of funds before obligating or expending any funds provided under this agreement for
any new or revised activity for the planning or construction of water or sewer facilities not previously
reviewed under E.O. 12372 and implementing regulations.
11)CDBG-CV funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless
such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570-
"Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source—This
condition is included as requirement on the use of fiscal year 2020 CDBG funds by the Community
Development Fund heading, Department of Housing and Urban Development Appropriations Act, 2020,
Public Law 116-94, and is made applicable to this grant by the CARES Act).
Page 1 of 1
r.4,4- Line of Credit Control System (A67)
Loeb Award Number Query ® I ':;
Front Page Pip Award Number Query
B2OMW48O4O0 Project exists only in PAS database User: D. Reynolds
CPD's Integrated Disb & Inf System (IDIS)
1 1Funding1 dDates+ Transactionsi
LOCCS Contractual Organization UEI Organization (information from
GSA SAM.gov) No Business
TIN: UEI:-none- DUNS No:-none- Partner/UEI
information .�
exists for this
award
Funding Key Aux.Info FY of Fund Current Funding
LOCCS Availability
Program
Area Award PGM PoA a HUD/AF Treasury Committed Obligated Contracted
Number Cd Cd Y RO FO BFY4 ANporo Symbol Begin End Cancel (126) (153) (176) Disbursed Balance
B-20-
IDIS 48w E9C 3 2 06 24 2022 1162 86 0/20162 2020 2022 2027 443,583.00 0.00 0.00 0.00 0.00
0400
E9C 3 1 06 24 2021 1162 86 0/20162 2020 2022 2027 0.00 0.00 0.00 0.00 0.00
ECV 3 2 06 24 2022 1162 86 0/20162 2020 2022 2027 251,873.00 0.00 0.00 0.00 0.00
ECV 3 1 06 24 2021 1162 86 0/20162 2020 2022 2027 0.00 0.00 0.00 0.00 0.00 j
ECV 3 0 06 24 2020 1162 86 0/20162 2020 2022 2027 0.00 0.00 0.00 0.00 0.00
IDIS CPD's Integrated Disb & Inf System Total: 695,456.00 0.00 0.00 0.00 0.00
Back
http://loccs.hud.gov/loccs/ 4/19/2022
Funding Approval/Agreemen U.S.Department of Housing and n Development
Title I of the Housing and Community Office of Community Planning and Development
Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No.2506-0193
HI-00515R of 20515R exp 5/31/2018
1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit UEI Number
Pearland 746028909 HUBRXKNJG3C8
2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin
3519 Liberty Dr 10/01/2021
Pearland,TX 77581-5416 5a.Project/Grant No.1 6a.Amount Approved
B-2 1-MC-48-0400 $462,666
5b.Project/Grant No.2 6b.Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the
HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute
part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution
of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above
provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding
assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee
agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary
pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-
recipient entities to which it makes funding assistance hereunder available.
U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization)
Stacia L.Johnson Pearland(City of Pearland) Kevin Cole
Title Title
CPD Director --0 Mayor
Signature 1 Date Signature Date(mm/dd/yyyy)
04/19/2022 �� "`t
4/26/2022
7.Category of Title I Assistance for this Funding Action: 8.Special Conditions 9a.Date HUD Received Submission 10.check one
(check one) 08/16/2021 ®a.Orig.Funding
Entitlement,Sec 106(b) ❑None Approval
IS]Attached 9b.Date Grantee Notified ❑b.Amendment
04/19/2022 Amendment Number
9c.Date of Start of Program Year
(10/01/2021)
11.Amount of Community Development
Block Grant FY 2021
a.Funds Reserved for this Grantee $462,666
b.Funds now being Approved
c.Reservation to be Cancelled
(11a minus 11b)
12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency
N/A City of Pearland
Loan Guarantee Acceptance Provisions for Designated Agencies: 3519 Liberty Dr
The public agency hereby accepts the Grant Agreement executed by the Pearland,TX 77581-5416
Department of Housing and Urban Development on the above date with
respect to the above grant number(s)as Grantee designated to receive loan 12c.Name of Authorized Official for Designated Public Agency
guarantee assistance,and agrees to comply with the terms and conditions
of the Agreement,applicable regulations,and other requirements of HUD Title
now or hereafter in effect,pertaining to the assistance provided it.
Signature
X
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F
153
1 7 6 Y Project Number Amount
Y Proect Number Amount
Date Entered PAS(mm/dd/yyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By
24 CFR 570 form HUD-7082(5/15)
8. Special Conditions.
(a) The period of performance for the funding assistance specified in the Funding Approval
("Funding Assistance") shall begin on the date specified in item 4 and shall end on
September 1, 2028. The Grantee shall not incur any obligations to be paid with such
assistance after September 1, 2028.
(b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth
below to the executed Agreement that is returned to HUD. The Recipient shall provide
HUD with a revised schedule when any change is made to the rate(s) described in the
schedule. The schedule and any revisions HUD receives from the Recipient shall be
incorporated herein and made a part of this Agreement,provided that the rate(s)
described comply with 2 CFR part 200, subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
ova
Instructions: The Recipient must identify each agency or department of the Recipient that will
carry out activities under the grant,the indirect cost rate applicable to each department/agency
(including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base
to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not
include indirect cost rates for subrecipients.
(c) In addition to the conditions contained on form HUD 7082,the grantee shall comply
with requirements established by the Office of Management and Budget(OMB)
concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the
System for Award Management(SAM.gov.);the Federal Funding Accountability and
Transparency Act as provided in 2 CFR part 25, Universal Identifier and General
Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive
Compensation Information.
(d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or
local projects that seek to use the power of eminent domain, unless eminent domain is
employed only for a public use. For the purposes of this requirement,public use shall
not be construed to include economic development that primarily benefits private
entities. Any use of funds for mass transit,railroad, airport, seaport or highway
projects as well as utility projects which benefit or serve the general public(including
energy-related, communication-related,water-related and wastewater-related
infrastructure), other structures designated for use by the general public or which have
other common-carrier or public-utility functions that serve the general public and are
subject to regulation and oversight by the government, and projects for the removal of
an immediate threat to public health and safety or brownfield as defined in the Small
Business Liability Relief and Brownfields Revitalization Act(Public Law 107-118)
shall be considered a public use for purposes of eminent domain.
f; 1
(e) The Grantee or unit of general local government that directly or indirectly receives
(f) CDBG funds may not sell,trade, or otherwise transfer all or any such portion of such
funds to another such entity in exchange for any other funds, credits or non-Federal
considerations, but must use such funds for activities eligible under title I of the Act.
(g) E.O. 12372-Special Contract Condition-Notwithstanding any other provision of this
agreement, no funds provided under this agreement may be obligated or expended for
the planning or construction of water or sewer facilities until receipt of written
notification from HUD of the release of funds on completion of the review procedures
required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal
Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall
also complete the review procedures required under E.O. 12372 and 24 CFR Part 52
and receive written notification from HUD of the release of funds before obligating or
expending any funds provided under this agreement for any new or revised activity for
the planning or construction of water or sewer facilities not previously reviewed under
E.O. 12372 and implementing regulations.
(h) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17)
of the Act unless such activity or project has been evaluated and selected in accordance
with Appendix A to 24 CFR 570 -"Guidelines and Objectives for Evaluating Project
Costs and Financial Requirements." (Source -P.L. 113-235, Consolidated and Further
Continuing Appropriations Act, 2015,Division K, Title II, Community Development
Fund).