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R2022-184 2022-08-08DocuSign Envelope ID: FEA01432-5010-4036-9BD6-F0D8CB197300 RESOLUTION NO. R2022-184 A Resolution of the City Council of the City of Pearland, Texas, approving the City of Pearland's FY 2023 — 2027 5-Year Community Development Block Grant (CDBG) Consolidated Plan and Fiscal Year 2023 CDBG Annual Action Plan, to be submitted to the U.S. Department of Housing and Urban Development. WHEREAS, the City of Pearland is an Entitlement Jurisdiction of the U.S. Department of Housing and Urban Development (HUD) and receives Community Development Block Grant (CDBG) funding each fiscal year; WHEREAS, HUD regulations require the City to submit a 5 — Year Consolidated Plan for City of Pearland fiscal years 2023 — 2027, which are HUD Program Years 2022 — 2026; and WHEREAS, HUD regulations require the City's 5-Year Consolidated Plan to include an Annual Action Plan to receive $478,854 in City of Pearland FY 2023, which is HUD Program Year 2022. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Community Development Block Grant Program 16th Annual Action Plan and City of Pearland FY 2023 — 2027 5-Year Consolidated Plan, attached hereto as Exhibit "A", are hereby authorized and approved. PASSED, APPROVED and ADOPTED this the 8th day of August, A.D., 2022. ATTEST: DocuSigned by: FR FCC§F-A�GUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ,—DocuSigned by: •—Ea-&CA 9&&�1 F4B6... DARRIN M. COKER CITY ATTORNEY (—DocuSigned by: Z L6� J. KEVIN Cd-LE MAYOR N SUBRECIPIENT AGREEMENT between THE CITY OF PEARLAND, TEXAS and GATHERING OUTREACH PREAMBLE AND RECITALS THIS AGREEMENT, entered into to be made effective on the 25th day of January 2023, by and between the City of Pearland (herein called the "City") and Gathering Outreach (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-22-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 supporting the childcare needs for low-moderate income residents (HUD Matrix Code — National Objective 05D), and 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 Annual anticipated Units of Service (28) FY 22 Annual Cost per Unit($892.86) Activity#1 Provide HUD/CDBG-funded Youth Services-Aftercare to eligible, low-moderate income Pearland residents for the purpose of supporting the childcare needs located within the City limits. 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 City of Pearland,Texas Page 1 of 20 CDBG Subrecipient Agreement Subrecipient within a reasonable period of time after being notified by the City, suspension or termination procedures will be initiated C Special Conditions None SECTION 2• PROJECT DESCRIPTION Type of Project: Youth Services -Aftercare Project Location 11200 Broadway St. #630 Pearland, Texas 77584 Service Area. City-Wide Matrix Code 05D Basic Eligibility Citation 24 CFR 570 201(e) Public Services Amount Funded $25,000 SECTION 3 TERM OF AGREEMENT The term of this Agreement is through September 30, 2023, with a retroactive eligibility for reimbursement of allowable costs beginning on October 1, 2022. 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. 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 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-Five Thousand Dollars ($25,000) for FY 2023 expenditures, 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 City of Pearland,Texas Page 2 of 20 CDBG Subrecipient Agreement 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 28 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 Subrecipient's financial management system in accordance with the standards specified in applicable sections of 2 CFR 200 Reimbursement payments shall be made to Gathering Outreach 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: FY 22 Youth Services—Aftercare $25,000 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, 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 City of Pearland,Texas Page 3 of 20 CDBG Subrecipient Agreement 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 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 notice of the disallowance A. The Subrecipient agrees that funds determined by the City to be surplus upon completion of the Agreement will be subject to cancellation by the City City of Pearland,Texas Page 4 of 20 CDBG Subrecipient Agreement 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 Natasha Tennison 2"d Level Ron Fraser Natasha Tennison 3rd Level Trent Epperson Natasha Tennison Address 3519 Liberty Drive 11200 Broadway St. #630 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 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), City of Pearland,Texas Page 5 of 20 CDBG Subrecipient Agreement • 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 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 City of Pearland,Texas Page 6 of 20 CDBG Subrecipient Agreement 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, B Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; City of Pearland,Texas Page 7 of 20 CDBG Subrecipient Agreement C Ineffective or improper use ofsfunds 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 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, City of Pearland,Texas Page 8 of 20 CDBG Subrecipient Agreement • 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 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 City of Pearland,Texas Page 9 of 20 CDBG Subrecipient Agreement 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, ¶6 d, and Appendix C, ¶2 [hereinafter PDAT Supplement] A contract award must not be made to parties listed in the SAM Exclusions SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549 SAM exclusions can be accessed at www sam gov See 2 C F R. § 180 530, PDAT Supplement, Chapter IV, ¶ 6 d and Appendix C, ¶2. a. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts This includes parties that receive Federal funding indirectly, such as contractors to recipients and Subrecipients The key to the exclusion is whether there is a "covered transaction," which is any non-procurement transaction (unless excepted) at either a "primary" or "secondary" tier Although"covered transactions"do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and Subrecipient. b Specifically, a covered transaction includes the following contracts for goods or services City of Pearland,Texas Page 10 of 20 CDBG Subrecipient Agreement 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; 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. City of Pearland,Texas Page 11 of 20 CDBG Subrecipient 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 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 City of Pearland,Texas Page 12 of 20 CDBG Subrecipient Agreement 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 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 City of Pearland,Texas Page 13 of 20 CDBG Subrecipient Agreement 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 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 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; City of Pearland,Texas Page 14 of 20 CDBG Subrecipient Agreement 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. 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 City of Pearland,Texas Page 15 of 20 CDBG Subrecipient Agreement 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 6. Lobbying The Subrecipient hereby certifies that: City of Pearland,Texas Page 16 of 20 CDBG Subrecipient Agreement 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 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 City of Pearland,Texas Page 17 of 20 CDBG Subrecipient Agreement 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) 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 City of Pearland,Texas Page 18 of 20 CDBG Subrecipient Agreement 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 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 of Pearland,Texas Page 19 of 20 CDBG Subrecipient Agreement City. City of Pearland, Texas Federal I D # 74-6028909 ASSISTANT CITY ANAGER DA E Ron Fraser PRINTED NAME Subrecipient: Gathering Outreach Federal I D DUNS # 74a,a/ om— chew d/ AUTHORIZED OFFICIALFI TITLE ivi4 ie-e/jA —1 t'i n.Sa / Z7/Z3 PRINTED NAME DA E City of Pearland,Texas Page 20 of 20 CDBG Subrecipient Agreement 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 25th day of January, 2023, 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-22-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 unmet needs in the community where service to low-moderate income residents are concerned. 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 emergency rental assistance to low-moderate income Pearland residents. 2. Administration The Subrecipient is required to administer the financial, programmatic and regulatory compliance measures necessary for all contractual services herein, as an independent contractor, and not as an officer, agent, servant or employee of the City Expenditures directly related to the City of Pearland,Texas Page 1 of 20 CDBG Subrecipient Agreement administration of these activities may be considered for reimbursement, including and limited to. personnel involved in 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 24 CFR Part 570 (Community Development Block Grant) Title 2 CFR Part 200 (Federal Uniform Administrative Requirements) SECTION 2 PROJECT DESCRIPTION Type of Project: Emergency Subsistence Payments— Rental Assistance Project Location Pearland Neighborhood Center—2335 N Texas Avenue, Pearland 77581 Service Area. City of Pearland Amount Funded $20,000 SECTION 3 TERM OF AGREEMENT The term of this Agreement is through September 30, 2023, with a retroactive eligibility for reimbursement of allowable costs beginning on October 1, 2022. SECTION 4. PROGRAM REPORTING The Subrecipient shall submit such reports as required by the City to meet its local obligations and its obligations to HUD The City will prescribe the report format, as well as the time and location for submission of such reports Required reports include, but are not limited to the following A. Quarterly reports which shall include the progress made to date, or justification for lack of progress, in providing the services specified in Article 1, Section 1 Scope of Services, of this Agreement. B Quarterly reports on demographic and income information regarding persons assisted by the Subrecipient through this Agreement. C Closeout reports including a final performance report, inventory of all property acquired or improved by CDBG funds, and final financial report, upon termination or completion of the award City of Pearland,Texas Page 2 of 20 CDBG Subrecipient Agreement 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 Thousand Dollars ($20,000) 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 Pearland Neighborhood Center Drawdowns for the payment of allowable costs shall be made against the line item budgets specified in Paragraph C, below, herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph C and in accordance with performance C Budget Line Item Amount: Emergency Subsistence Payments— Rental Assistance $20,000 TOTAL $20,000 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, 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), City of Pearland,Texas Page 3 of 20 CDBG Subrecipient Agreement 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 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 City of Pearland,Texas Page 4 of 20 CDBG Subrecipient Agreement 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 notice of the disallowance A. The Subrecipient agrees that funds determined by the City to be surplus upon completion of the Agreement will be subject to cancellation by the City B The Subrecipient aggress that upon expiration of this Agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of the expiration and any accounts receivable attributable to the use of CDBG funds C The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself D The City reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this agreement. 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 Joel Hardy Debbie Rubastello Address 3519 Liberty Drive 2335 N Texas Ave 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 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 City of Pearland,Texas Page 5 of 20 CDBG Subrecipient Agreement 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 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) City of Pearland,Texas Page 6 of 20 CDBG Subrecipient Agreement 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 Licensinq 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 City of Pearland,Texas Page 7 of 20 CDBG Subrecipient Agreement 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 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. City of Pearland,Texas Page 8 of 20 CDBG Subrecipient Agreement 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 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 City of Pearland,Texas Page 9 of 20 CDBG Subrecipient Agreement 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, ¶ 6 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 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. City of Pearland,Texas Page 10 of 20 CDBG Subrecipient Agreement 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; 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; City of Pearland,Texas Page 11 of 20 CDBG Subrecipient 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 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 City of Pearland,Texas Page 12 of 20 CDBG Subrecipient Agreement 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, 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, City of Pearland,Texas Page 13 of 20 CDBG Subrecipient Agreement 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 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, City of Pearland,Texas Page 14 of 20 CDBG Subrecipient Agreement 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 A. Approvals City of Pearland,Texas Page 15 of 20 CDBG Subrecipient Agreement 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 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 City of Pearland,Texas Page 16 of 20 CDBG Subrecipient Agreement 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 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 City of Pearland,Texas Page 17 of 20 CDBG Subrecipient Agreement 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, If 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 City of Pearland,Texas Page 18 of 20 CDBG Subrecipient Agreement 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 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. City of Pearland,Texas Page 19 of 20 CDBG Subrecipient Agreement 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 a C moo--3 ASSISTANT CITY ANAGER DATE Ron Fraser PRINTED NAME Subrecipient: Pearland Neighborhood Center Federal I D DUNS # AUTHORED OFFICIAL TITLE C. C2 60c4C 51-e> '" — 3 0 -- Z 3 PRINTED NAME DATE City of Pearland,Texas Page 20 of 20 CDBG Subrecipient Agreement SUBRECIPIENT AGREEMENT between THE CITY OF PEARLAND, TEXAS and COUNSELING CONNECTIONS FOR CHANGE PREAMBLE AND RECITALS THIS AGREEMENT, entered into to be made effective on the 24th day of January, 2023, 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-22-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 unmet needs in the community where service to low-moderate income residents are concerned 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 low-moderate income individuals and/or households that are uninsured or underinsured and reside within the City of Pearland, city limits. City of Pearland,Texas Page 1 of 20 CDBG Subrecipient Agreement 2. Administration The Subrecipient is required to administer the financial, programmatic and regulatory compliance measures necessary for all contractual service delivery, 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 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 24 CFR Part 570 (Community Development Block Grant) Title 2 CFR Part 200 (Federal Uniform Administrative Requirements) SECTION 2: PROJECT DESCRIPTION Type of Project: Counseling Connections for Change - Mental Health Services Project Location Counseling Connections for Change— Pearland Office (2549 Roy Road) Service Area. City of Pearland Amount Funded $26,828 SECTION 3. TERM OF AGREEMENT The term of this Agreement is through September 30, 2023, with a retroactive eligibility for reimbursement of allowable costs beginning on October 1, 2022. 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. City of Pearland,Texas Page 2 of 20 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-Six Thousand Eight Hundred and Twenty-Eight Dollars ($26,828) 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 $24,828 FY 2023 Administrative Costs $ 2,000 TOTAL $26,828 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. City of Pearland,Texas Page 3 of 20 CDBG Subrecipient Agreement 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 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 City of Pearland,Texas Page 4 of 20 CDBG Subrecipient Agreement SECTION 3 REIMBURSEMENT The City shall reimburse the Subrecipient only for actual incurred costs upon presentation of properly executed reimbursement forms as provided and approved by the City Only those allowable costs directly related to this Agreement shall be paid The amount of each request must be limited to the amount needed for payment of eligible costs In the event that the City 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 notice of the disallowance A. The Subrecipient agrees that funds determined by the City to be surplus upon completion of the Agreement will be subject to cancellation by the City B The Subrecipient aggress that upon expiration of this Agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of the expiration and any accounts receivable attributable to the use of CDBG funds. C The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself D The City reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this agreement. 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 Lawless 2nd Level Ron Fraser Dawn Lawless 3rd Level Trent Epperson Dawn Lawless Address 3519 Liberty Drive 2549 Roy Road Pearland, TX 77581 Pearland, TX 77581 SECTION 2• GENERAL CONDITIONS A. General Compliance City of Pearland,Texas Page 5 of 20 CDBG Subrecipient Agreement 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, • 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, IT 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 City of Pearland,Texas Page 6 of 20 CDBG Subrecipient Agreement 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 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 City of Pearland,Texas Page 7 of 20 CDBG Subrecipient Agreement 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, 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 City of Pearland,Texas Page 8 of 20 CDBG Subrecipient Agreement 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 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 City of Pearland,Texas Page 9 of 20 CDBG Subrecipient Agreement 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 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, ¶ City of Pearland,Texas Page 10 of 20 CDBG Subrecipient Agreement H, and Procurement Guidance for Recipients and Subrecipients Under 2 C F R. Part 200 (Uniform Rules) Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field Manual Chapter IV, ¶ 6 d, and Appendix C, ¶2 [hereinafter PDAT Supplement] A contract award must not be made to parties listed in the SAM Exclusions SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549 SAM exclusions can be accessed at www sam gov See 2 C F R. § 180 530, PDAT Supplement, Chapter IV, ¶ 6 d and Appendix C, ¶2. a In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts This includes parties that receive Federal funding indirectly, such as contractors to recipients and Subrecipients The key to the exclusion is whether there is a "covered transaction," which is any non-procurement transaction (unless excepted) at either a "primary" or "secondary" tier Although"covered transactions"do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and Subrecipient. b Specifically, a covered transaction includes the following contracts for goods or services a. The contract is awarded by a recipient or Subrecipient in the amount of at least $25,000 b The contract requires the approval of 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. City of Pearland,Texas Page 11 of 20 CDBG Subrecipient Agreement Additionally, the Subrecipient shall not, on the grounds of race, color, sex/gender, sexual orientation,familial status, religion, national origin, creed, ancestry, marital status, age or disability or handicap A. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Agreement; B Provide any facilities, financial aid, services or other benefits which are different, or are provided in a different manner, from those provided to others under this Agreement; C Subject an individual to segregated or separate treatment in any facility, or in any matter if process related to receipt of any service or benefit under this Agreement; D Restrict an individual's access to or enjoyment of any advantage or privilege enjoyed by others in connection with any service or benefit under this Agreement; 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 City of Pearland,Texas Page 12 of 20 CDBG Subrecipient Agreement 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 ON/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. City of Pearland,Texas Page 13 of 20 CDBG Subrecipient Agreement 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 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. City of Pearland,Texas Page 14 of 20 CDBG Subrecipient Agreement 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 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 City of Pearland,Texas Page 15 of 20 CDBG Subrecipient Agreement 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. 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 City of Pearland,Texas Page 16 of 20 CDBG Subrecipient Agreement 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 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 City of Pearland,Texas Page 17 of 20 CDBG Subrecipient Agreement 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, 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, City of Pearland,Texas Page 18 of 20 CDBG Subrecipient Agreement • 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) 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 City of Pearland,Texas Page 19 of 20 CDBG Subrecipient 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 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 cSSIS..";//-` - '1\1TANT CI MA �GER DATE/A 5/--/-7-e' 3 Ron Fraser PRINTED NAME Su brecipient: Counseling Connections for Change UA�z Ul,O8DRAbEV 5 Federal I D ao-$TI;r54-1` DUNS # Ol O 041443 ORIZ Fl AL TITLE ---°171*-0JAWV1 1 (ADI _S_ \/ (44,/809.- PRINTED NAME DATE City of Pearland,Texas Page 20 of 20 CDBG Subrecipient Agreement Attachment A HUD Allocation Notice CDBG Program Year 2022 City of Pearland Fiscal Year 2023 L.S. m:l'AR'1'NII=:Vr OIL HOUSING AND I: RR kV Ilia:\'f:1.01'NIhN'r \VAST 11N(Y[ON, GC 20410-9I011O May 13,2022 The Honorable Kevin Cole Mayor of Pcarland 3519 Liberty Drive Pearland,'IX 77581-54t6 Dear Mayor Cole: EIVED JUN 4 4,27 CITY OF PEARLAND CITY SECRI=.- ARY'S OFFICE I am pleased to inform you of your jurisdiction's Fiscal Year (FY) 2022 allocations for the Office of Community Planning and Development's (CPD) formula programs, which provide funding for housing, community and economic development activities, and assistance for low- and moderate -income persons and special needs populations. Public 1,aw 117-269 includes F Y 2022 funding for these programs. Your jurisdiction's FY 2022 available amounts are as follows: Community Development Block Grant (CDBG) $478,024 Recovery Housing Program (RI 1P) $0 HOME Investment Partnerships CT TOME) $0 I lousing Trust Fund (I ITC) $0 I lousing Opportunities for Persons With AIDS (HOP WA) $0 limergency Solutions Grant (BSG) $0 Individuals and families across the country arc snuggling to recover from lour converging crises impacting housing stability: the COVID-19 pandemic, economic hardships, climate change, and racial inequity. Through these bedrock programs, CPI) seeks to develop strong communities by promoting integrated approaches that provide decent housing and suitable living environments while expanding economic opportunities for low- and moderate -income and special needs populations, including people living with HIV/AIDS. We urge grantees to strategically plan the disbursement of grant funds to provide relief for those affected by these converging crises and help move our country toward a robust recovery. Based 011 your jurisdiction's CDBG allocation for this year and outstanding Section 108 balances as of May 13, 2022, you also have $2,394,270 in available Section 108 borrowing authority. Since Section 108 loans arc federally guaranteed, this program can leverage your jurisdiction's existing CDBG funding to access low -interest, long-term financing to invest in your jurisdiction. HUD continues to emphasize the importance of effective performance measurements in all its formula grant programs. Proper repotting in the integrated Disbursement and Information System (MIS) is critical to ensure grantees comply with program requirements and policies, provide demographic and income information about the persons that benefited from a community's activities, and participate in HUD -directed grantee monitoring. Your ongoing attention to ensuring complete and accurate reporting of performance measurement data continues to he an invaluable resource regarding the impact of these formula grant programs. nrvw.hndgov espanol.hnd.guv The Office of Community Planning and Development is looking forward to working with you to promote steps that will enhance the performance of these critical programs and success ru Ily meet the challenges that our communities face. IT you or any member of your staff have questions, please contact your local CPD Office Director. Sincerely, Jemine A. Bryon Acting General Deputy Assistant Secretary for Community Planning and Development Attachment B CONSOLIDATED PLAN/ACTION PLAN CDBG Program Year 2022-2026 City of Pearland Fiscal Year 2023-2027 CITY OF PEARLAND 4TH CDBG CONSOLIDATED PLAN HUD PLAN YEARS 2022 - 2026 (CITY OF PEARLAND FISCAL YEARS 2023-2027) MAYOR: Kevin Cole CITY MANAGER: Clay Pearson Submitted August 2022 Executive Summary ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction This 5-Year Consolidated Plan covers Program Year (PY) 2022 through PY 2026 (City of Pearland FY 2023 — 2027). The City of Pearland's Program Years each begin on October 1 and end the following September 30. CDBG funding must 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 5 years, the City expects to focus its CDBG entitlement funds on the first 2 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 — those households with incomes at or below 80% of the area median income. The quality of the neighborhoods is dependent upon the quality of the housing stock, public facilities/infrastructure, and private facilities and amenities. Due to the small annual CDBG allocation, Pearland will focus most of its resources on code enforcement in the low- to moderate -income neighborhoods, housing rehabilitation for owner -occupied homes, and public services. As money permit, the City will augment its general fund and CIP funds with CDBG dollars for improving Old Townsite, the primary CDBG area -benefit neighborhood, but will also extend through the other eligible area -benefit neighborhoods. The map below shows the location of the CDBG area -benefit neighborhoods. City-wide assistance will be focused on owner -occupied housing rehabilitation and social service programs. The CDBG activities will include funding for social service providers to provide affordable access to services that improve the quality of life for those adults and children who are homeless, precariously housed, and/or or low- to moderate -income. The City will manage its housing rehabilitation program in-house and will provide repair, rehabilitation, and accessibility retrofits to single-family homes owned and occupied by low- to moderate -income residents. 2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview The CDBG activities below have been separated into broad categories addressing priority needs identified in the body of this Consolidated Plan. The priority needs were determined based on the results of resident surveys; stakeholder interviews; discussions with staff members; public comments; and secondary data from HUD, the Census Bureau, and other HUD -approved sites. Broad objectives include the following: Consolidated Plan Pearland 1 OMB Control No: 2506-0117 (exp. 09/30/2021) • 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 the following aspects. Rehabilitating existing housing stock: The City will continue its HRP (Home Repair Program), to repair, rehabilitate, and/or retrofit houses for accessibility. Affirmatively furthering fair housing choice: Identifying and reducing any barriers to fair housing choice and achieving the specific actions set forth in the PY 2022-2026 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 the following aspects. 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. 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. 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 the following aspects. 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. 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 The primary evaluation component of past performance used to make determinations in how FY 2022 funds are spent rests with the anticipation that COVID-19 levels will reduce and the pandemic conditions facing communities will subside. Thus, the City has decided to use FY 2022 resources in a fashion more Consolidated Plan Pearland 2 OMB Control No: 2506-0117 (exp. 09/30/2021) consistent with pre-covid conditions, meeting Con Plan goals and objectives in a way that completes the 5-year plan priorities. Code enforcement activities are assisting the target area properties with the ability to maintain standards, with approximately 100 - 200 citations being issued, but with the impetus for self - directed compliance among homeowners and occupants of residential property. About 20 families are assisted each year with emergency subsistence payments, and twice that many are being helped with mental health counseling services. The City is in need of aftercare/childcare services, post-covid pandemic, with the impetus being an effort to help working families re-engage in the workforce and/or job searches. COVID-19 had a negative impact on direct services, such as Housing Rehab/Repair, as many homes represent risks for personnel and contractors, and vice -versa. Therefore, last year's efforts were aimed at planning for changes due to COVID-19; specifically, making sure protective factors were imbedded in program activities, guidelines and the agreement/application process. Resources may also be devoted to purchasing emergency protective equipment/apparel to ensure safety of the public and our stakeholders/employees. 4. Summary of citizen participation process and consultation process The City provided Consolidated Plan surveys in English and Spanish for residents and other interested parties to complete. The Consolidated Plan survey requested information and perceptions on priority needs in the community. The survey was available on-line as well as paper copies available at City Hall and the public library. Public notices for the surveys included links to on-line access and physical locations for acquiring paper copies. In the past, the public hearings and public information sessions did not produce the participation that we deemed necessary to fully engage the residents in our planning process. As a result, for the Consolidated Plan, we partnered with Pearland Neighborhood Center to attach a public meeting to their meeting of stakeholders for all of the non -profits that was open to the public. While not an official public hearing, it was a public meeting and it was promoted by Pearland Neighborhood Center. The survey was promoted at the meeting. In addition, the City conducted a public hearing for the Consolidated Planning Process in conjunction with the July 10, 2017 City Council Meeting. This hearing was published in the agenda for the Council meeting and as a separate announcement in the newspaper and at City Hall. During all annual public hearings for the CDBG program over the past 5 years, priority needs, recommended funding with CDBG, and fair housing are topics are discussed for educational purposes and to elicit input from the attendees. This Consolidated Planning Process included past public input in determining priority needs and program direction. The City also contacted a number of agencies, organizations, and stakeholders individually in the development of both the Fair Housing Plan and Consolidated Plan. Those contacted and the results are in the body of the this plan. 5. Summary of public comments The comments indicated that the City should: 6. Summary of comments or views not accepted and the reasons for not accepting them Consolidated Plan Pearland 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Pearland accepts all comments unless they are derogatory, discriminatory, or inflammatory against a person or group. All comments regarding this plan were accepted. 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 through the CDBG program and other funding to the extent possible. Consolidated Plan Pearland 4 OMB Control No: 2506-0117 (exp. 09/30/2021) The Process PR-05 Lead & Responsible Agencies 24 CFR 91.200(b) 1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator Pearland Administration Table 1— Responsible Agencies Narrative The City of Pearland provides all oversight and management of its entitlement jurisdiction CDBG funding. Departments within the City implement various programs, coordinated by the Grants & Special Projects Administrator under the auspices of City Administration (City Manager's Office). The Mayor and City Manager provide coordinated roles as authorized officials, ensuring the necessary check and balance between the elected representatives (Mayor and Council) and staff. Currently, elements of program implementation include: Community Development (Housing/Home Repair Program); Parks and Recreation (Senior Facilities/Services); Finance (Financial Management, Audits, Budget and Accounting); and Administration (General Program Administration and Subrecipient Oversight). Consolidated Plan Public Contact Information Joel Hardy Grants & Special Projects Administrator Administration City of Pearland 3519 Liberty Drive Pearland, TX 77581 Consolidated Plan Pearland 5 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-15 Citizen Participation — 91.105, 91.115, 91.200(c) and 91.300(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting Citizen participation has guided goal -setting in new ways for the City's 4th Consolidated Plan, as a much more robust local survey of resident opinions was instituted in preparation for priorization. The City's small size, limited media and publicity capabilities, and the historical lack of technological capacity available, produced minimal results in past years' citizen/community involvement processes. Sadly, online surveying of local residents produced less than 50 results, most of which were due to targeted efforts and outreach to organizations in the community. While still relatively small in the form of rate of response, more than 350 respondents completed surveys. In addition, the publicity of a local public hearing, as well as an docketed input and discussion session for City Council members to become more familiar with the program, resulted in the ability to host activities that were available for online and in -person exposure to planning information and the Consolidated Plan process. A Council Input and Discussion session was held on July 11, 2022 at the Regular Meeting of Council (6:30pm - City Hall - 3519 Liberty Drive, Pearland TX 77581). Subsequently, following two consecutive weeks of public notices in the Pearland Reporter News (July 13, 2022 and July 20, 2022), the City Council held a docketed public hearing on July 25, 2022, allowing the public to participate in the planning process, allowing public/citizen comments to be made about the presented plans for spending and prioritization. U.S. Census data, Comprehensive Housing Affordability Strategy (CHAS), Texas Workforce Commission reports, and other informational details were shared with the public in ways that assumably aided in more awareness of the opportunity to participate in our planning process. However, as a small entitlement with limited resources, the prevailing sense is that the program is impacting the community in a generally acceptable way, so there is limited controversy or lack of appeal for the types of expenditures and activities being used to impact low -moderate income households in Pearland. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) Pearland 6 Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) Table 2 — Citizen Participation Outreach Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) Pearland 7 Needs Assessment NA-05 Overview Needs Assessment Overview Based on secondary data, such as the Census Bureau's American Community Survey (ACS), data from National Low Income Housing Coalition, and several other state and national agencies, coupled with the responses from the public surveys, public comments, and information stakeholders, it has been determined that the greatest needs in Pearland include: • Housing that is affordable for the low- to moderate -income and middle -income buyer; • Additional rental housing that is affordable to the low- to moderate -income renter; • Additional rental housing that is accessible to the disabled; • Rehabilitation of existing owner -occupied housing; • Social services and supportive housing for the elderly, and disabled; • Infrastructure improvements; • Public facility improvements, including ADA accessibility; and • Economic development services and activities. The following Needs Assessment chapters provide quantitative data to support the perceptions of the community and to demonstrate the housing, social service, economic development and public facility/infrastructure needs. For the Housing Needs Assessment, HUD has defined 4 indicators of need based on data available from the U.S. Census Bureau's American Community Survey (ACS). The indicators are limited due to the limited scope of the ACS questions. The indicators of housing condition are: • Housing Cost Burden: Monthly housing costs of more than 30% of the household's income, with severe cost burden being more than 50% of the household's income; • Overcrowding: More than 1 person per total rooms in the house, including living room, den, dining room, bedrooms, office or study, game room, and kitchen but not bathrooms. Severe overcrowding is defined as more than 1.5 persons per total rooms. • Lacking complete plumbing: Lacking any or all of the following: hot piped water, bathtub or shower, or flush toilet. There is no differentiation between general need and severe need with regards to incomplete plumbing facilities. • Lacking complete kitchen facilities for exclusive use: Lacking any or all of the following: sink, refrigerator, oven or stove burners. Micro -efficiencies (formerly called Single -Room Occupancy or SRO units) are included in this category as well as other units with central congregate Consolidated Plan Pearland 8 OMB Control No: 2506-0117 (exp. 09/30/2021) kitchens. There is no differentiation between general need and severe need with regards to incomplete kitchen facilities. Consolidated Plan Pearland 9 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c) Summary of Housing Needs Pearland's housing stock is relatively new with 54% having been built since 2000, with the majority being owner -occupied. More than 80% have three or more bedrooms and 81% are single family. Despite the high number of households with four or more residents, less than 2% have overcrowding (more than 1 person per room — total rooms, not just bedrooms). Of all the housing units, 4.6% are vacant, 73.2% are owner occupied and 22.2% are renter occupied. The vast majority of the housing in Pearland is single family. (More details can be found in the 2017-2021 Fair Housing Plan). HUD uses data provided in the U.S. Census to define housing problems. The four problems include a housing cost burden of more than 30% of household income, overcrowding with more than 1 person per room (total rooms, not bedrooms), lacking some or all plumbing, and lacking complete kitchen facilities. In recent decades, particularly in urban areas, the units lacking plumbing and/or kitchen facilities has declined considerably. According to the American Community Survey less than one half of one percent lack complete plumbing and/or kitchen facilities in Pearland. The majority of the units with problems are those with a housing cost burden of more than 30% and/or overcrowding. All groups except for Native Americans have a higher percent of households with any of the four housing problems. However, the total percentage and that of each racial/ethnic group is much smaller than for the former region in which Pearland had been designated a part. Pearland's African American households, other than the "other" category have the greatest disproportion based on the AFFH-T data. However, the disparity between the African Americans and whites is much smaller for those with severe housing problems (severe housing overcrowding and/or a cost burden of greater than 50%). In order to maintain consistency between publicly available ACS data and the tables provided to HUD, the pre -populated tables have not been updated to more recent ACS releases. However, the narrative responses do provide more current ACS information. Demographics Base Year: 2009 Most Recent Year: 2017 % Change Population 76,095 113,695 49% Households 26,631 38,840 46% Median Income $86,350.00 $102,124.00 18% Table 3 - Housing Needs Assessment Demographics Data Source: 2000 Census (Base Year), 2013-2017 ACS (Most Recent Year) Consolidated Plan Pearland 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Number of Households Table 0-30% HAMFI >30-50% HAMFI >50-80% HAMFI >80-100% HAMFI >100% HAMFI Total Households 2,325 2,130 5,265 3,510 25,610 Small Family Households 705 800 2,599 1,545 16,470 Large Family Households 130 45 530 460 2,845 Household contains at least one person 62-74 years of age 525 535 1,195 650 4,120 Household contains at least one person age 75 or older 380 530 810 355 1,220 Households with one or more children 6 years old or younger 250 325 1,270 920 6,815 Table 4 - Total Households Table Data Source: 2013-2017 CHAS Consolidated Plan Pearland 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Housing Needs Summary Tables 1. Housing Problems (Households with one of the listed needs) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Substandard Housing - Lacking complete plumbing or kitchen facilities 0 0 70 20 90 60 0 25 0 85 Severely Overcrowded - With >1.51 people per room (and complete kitchen and plumbing) 45 0 0 0 45 0 0 24 0 24 Overcrowded - With 1.01-1.5 people per room (and none of the above problems) 15 15 50 20 100 10 0 230 20 260 Housing cost burden greater than 50% of income (and none of the above problems) 1,010 310 10 0 1,330 550 355 400 65 1,370 Consolidated Plan Pearland 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total Housing cost burden greater than 30% of income (and none of the above problems) 0 365 1,065 330 1,760 215 470 975 505 2,165 Zero/negative Income (and none of the above problems) 60 0 0 0 60 205 0 0 0 205 Table 5 — Housing Problems Table Data 2013-2017 CHAS Source: 2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing, severe overcrowding, severe cost burden) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0- 30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Having 1 or more of four housing problems 1,065 325 130 45 1,565 620 355 675 90 1,740 Having none of four housing problems 60 505 1,770 1,495 3,830 315 945 2,690 1,885 5,835 Household has negative income, but none of the other housing problems 60 0 0 0 60 205 0 0 0 205 Table 6 — Housing Problems 2 Data 2013-2017 CHAS Source: Consolidated Plan Pearland 13 OMB Control No: 2506-0117 (exp. 09/30/2021) 3. Cost Burden > 30% Renter Owner 0-30% AMI >30- 50% AMI >50-80% AMI Total 0-30% AMI >30- 50% AMI >50-80% AMI Total NUMBER OF HOUSEHOLDS Small Related 305 395 320 1,020 290 285 735 1,310 Large Related 60 0 20 80 10 10 210 230 Elderly 180 170 295 645 500 470 430 1,400 Other 520 110 440 1,070 30 60 20 110 Total need by income 1,065 675 1,075 2,815 830 825 1,395 3,050 Table 7 — Cost Burden > 30% Data 2013-2017 CHAS Source: 4. Cost Burden > 50% Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI Total NUMBER OF HOUSEHOLDS Small Related 305 235 0 540 265 220 185 670 Large Related 60 0 0 60 10 0 85 95 Elderly 180 10 10 200 315 125 130 570 Other 520 65 0 585 30 10 0 40 Total need by income 1,065 310 10 1,385 620 355 400 1,375 Table 8 — Cost Burden > 50% Data 2013-2017 CHAS Source: 5. Crowding (More than one person per room) Renter Owner 0- 30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0- 30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Single family households 60 15 50 20 145 0 0 24 4 28 Consolidated Plan Pearland 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Renter Owner 0- 30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0- 30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total Multiple, unrelated family households 0 0 0 0 0 10 0 230 15 255 Other, non -family households 0 0 0 0 0 0 0 0 0 0 Total need by income 60 15 50 20 145 10 0 254 19 283 Table 9 — Crowding Information —1/2 Data 2013-2017 CHAS Source: Renter Owner 0- 30% AMI >30- 50% AMI >50- 80% AMI Total 0- 30% AMI >30- 50% AMI >50- 80% AMI Total Households with Children Present 0 0 0 0 0 0 0 0 Table 10 — Crowding Information — 2/2 Data Source Comments: Describe the number and type of single person households in need of housing assistance. According to the 2011-2015 American Community Survey (ACS), there are 6,712 single -person households in Pearland, with 1,913 (28.5%) being elderly persons. There is no information on the number of disabled living alone, however it can be imputed as approximately 450 adults (6.7%) with a disability are living alone. An estimated 2,947 (43.9%) are low- to moderate -income. Approximately 510 have are living below the 2017 federal poverty level, an additional 630 are living at between 100% and 250% of the poverty level. Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault and stalking. According to the 2011-2015 ACS, there are 447 adults 20-64 years of age with a disability and living below the poverty level. There are 6,812 disabled in Pearland, 5,648 being 18 and over, with 2,800 being elderly. Though the ACS does have tables for the income of disabled persons, none are available for Pearland due to the small sample size. Using the County -wide figures, it can be estimated that 966 disabled adults are living below the poverty level, with an additional 681 with incomes between 100% and 149% of the poverty level. These 1,647 are within the extremely low- and very low-income level and most likely need housing assistance. Consolidated Plan Pearland 15 OMB Control No: 2506-0117 (exp. 09/30/2021) There are no definitive data or small -area estimates of the number of households with a member who is a victim of domestic violence, dating violence, sexual assault, or stalking. The National Domestic Violence Hotline states that 29% of women and 10% of men have experienced domestic violence, sexual assault, or stalking by an intimate partner in their lifetime. The Hotline states that 9.8% of adult women are victims of intimate partner violence annually. It can be estimated that 3.2% of adult men are victims of intimate partner violence annually. Extrapolating from these figures, it can be assumed that approximately 3,044 Pearland women and 920 Pearland men between the ages of 20 and 64 will be victims of domestic violence in a given year. Elderly are not immune to domestic violence and it is estimated that 474 elderly women and 177 elderly men will be victims in any given year. There are no statistics to indicate the percent of victims who will (1) choose to leave the abusive relationship and (2) need housing assistance as a result. No information is available to indicate the number of households affected by dating violence, non -partner sexual assault/stalking, or to indicate the number who will need housing assistance. What are the most common housing problems? The most common housing problem is affordability. With the high percent of housing in Pearland being new and single family, it is difficult for LMI households to find affordable housing. Small family households, most headed by a single parent, have the greatest rate of housing cost burdens over 30% of income. Non - family households have the next highest rate of housing cost burden. The Brazoria County FMRs have increased dramatically more than in other areas around Texas. The income needed to rent at the FMRs and not have a housing cost burden of more than 30% of income has also increased more than the average incomes in the area. The graph below shows the incomes required to rent at the FMRs without a cost burden. In 2017, the hourly wage, working 40 hours a week, required to afford a 2-bedroom unit is $18.73. For someone making minimum wage, it would require household members to work a total at least 103 hours per week to afford a 2-bedroom at the current FMR. In 2016, the estimated mean hourly wage for renters was $15.86, affording households only $825 for one full-time worker. In 2017, that would make only a 1-bedroom affordable and in 2016, the mean household income would not quite be enough for a 2-bedroom. SSI recipients receive $733 per month, making only $220 in rent affordable. Based on a family of four, the high end of the extremely low-income household range (<=30% Area Median Income — AMI) can only afford a rent of $620; the high end of the very low-income household range (30.01-50% AMI) can only afford a rent of $1,034; and, the high end of the low/moderate-income household range (50.01-80% AMI) would make rents of $1,654 affordable. An extremely low-income family of four cannot even afford a 0-bedroom unit; and a very low-income family of four cannot afford a 3-bedroom unit; nor can a low/moderate-income family afford a 4-bedroom. OF the units available for rent in March 2017, none were renting at or below $750/month and only 16 units were available at $751- $1,000 per month, the price affordable for a household income of at least $40,000. None of these were 3- or 4-bedroom units and only 2 were 2-bedroom units. There are very few households with overcrowding as a problem — 90 renter and 80 owner households at or below median income — and even fewer lacking complete plumbing and/or kitchens. Consolidated Plan Pearland 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Are any populations/household types more affected than others by these problems? As would be expected, the lower the income the greater the percent of households with housing problems. There is a higher proportions of LMI households with at least one person 65-74 years of age than among younger households, and more than double the proportion for households with one or more persons 75 years of age or older. The disabled are much more affected by housing problems, from affordability to accessibility. Describe the characteristics and needs of Low-income individuals and families with children (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered 91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re -housing assistance and are nearing the termination of that assistance Identifying non -homeless, extremely low-income persons who have secondary characteristics that are risk factors for homelessness can make it easier to target preventive assistance to those most at risk of becoming homeless. Individuals and families that are most often precariously housed include single female head of household; households where more than 50% of income is spent on housing costs; youth aging out of foster care; families living doubled -up due to lack of employment, low wages, a change in family composition, domestic violence, and sub -standard housing. The Brazoria County FMRs have increased dramatically more than in other areas around Texas. The income needed to rent at the FMRs and not have a housing cost burden of more than 30% of income has also increased more than the average incomes in the area. The graph below shows the incomes required to rent at the FMRs without a cost burden. In 2017, the hourly wage, working 40 hours a week, required to afford a 2-bedroom unit is $18.73. For someone making minimum wage, it would require household members to work a total at least 103 hours per week to afford a 2-bedroom at the current FMR. In 2016, the estimated mean hourly wage for renters was $15.86, affording households only $825 for one full-time worker. In 2017, that would make only a 1-bedroom affordable and in 2016, the mean household income would not quite be enough for a 2-bedroom. SSI recipients receive $733 per month, making only $220 in rent affordable. Based on a family of four, the high end of the extremely low-income household range (<=30%Area Median Income — AMI) can only afford a rent of $620; the high end of the very low-income household range (30.01-50% AMI) can only afford a rent of $1,034; and, the high end of the low/moderate-income household range (50.01-80% AMI) would make rents of $1,654 affordable. An extremely low-income family of four cannot even afford a 0-bedroom unit; and a very low-income family of four cannot afford a 3-bedroom unit; nor can a low/moderate-income family afford a 4-bedroom. In Pearland there are 556 households renting at the rent affordable to the high end of the extremely low-income household range, though there are 1,533 households with incomes in range, few at the high end. This leaves nearly 1,000 extremely low-income households precariously housed. There is insufficient information to clearly determine or even estimate the number of households, much less persons, at risk of homelessness. Consolidated Plan Pearland 17 OMB Control No: 2506-0117 (exp. 09/30/2021) If a jurisdiction provides estimates of the at -risk population(s), it should also include a description of the operational definition of the at -risk group and the methodology used to generate the estimates: Not Applicable Specify particular housing characteristics that have been linked with instability and an increased risk of homelessness Mental illness, chronic physical illness, physical disabilities, substance abuse, criminal background, unstable job history, prior evictions, transportation, underemployment, lack of education/job skills, language barriers, weak support system, and age are housing characteristics that have been linked with instability and an increased risk of homelessness. Discussion The most common housing problem in Pearland is cost. The low percentage of multi -family units (17.1%, with 5+ units in structure) accounts for one of the causes of non -affordable rental housing as single-family units are more costly to rent. Moreover, 54.1% of all housing was constructed in 2000 through 2014, another indicator or higher prices. The expansion of petrochemical companies and the new medical complexes west of SH 288 in Pearland, coupled with the residential and other non-residential development, has brought a significant number of higher income residents into the area, as well as temporary workers during the construction phase. These workers not only require rental housing, but they are able to afford the higher cost of housing due to doubling up and receiving a per diem on top of their regular salary, resulting in landlords being able to increase rents. Consolidated Plan Pearland 18 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-15 Disproportionately Greater Need: Housing Problems — 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction All groups except for Native Americans have a higher percent of households with any of the four housing problems. However, the total percentage and that of each racial/ethnic group is much smaller than for the former region in which Pearland had been designated a part. The HUD data in the AFFH-Tools package compares Pearland with the Houston -The Woodlands -Sugar Land region, which included Brazoria County. Recently, the area has been split and Brazoria County has been separated out. However, there has not been new data published to reflect the change. Pearland's African American households, other than the "other" category, have the greatest disproportion based on the AFFH-T data. However, the disparity between the African Americans and whites is much smaller for those with severe housing problems (severe housing overcrowding and/or a cost burden of greater than 50%). 0%-30% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 1,905 160 265 White 800 120 110 Black / African American 445 15 80 Asian 185 0 0 American Indian, Alaska Native 50 0 0 Pacific Islander 0 0 0 Hispanic 330 25 70 Table 11- Disproportionally Greater Need 0 - 30% AMI Data Source: 2013-2017 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Consolidated Plan Pearland 19 OMB Control No: 2506-0117 (exp. 09/30/2021) 30%-50% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 1,515 615 0 White 1,045 415 0 Black / African American 210 70 0 Asian 0 35 0 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 205 95 0 Table 12 - Disproportionally Greater Need 30 - 50% AMI Data Source: 2013-2017 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% 50%-80% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,840 2,425 0 White 1,260 1,345 0 Black / African American 870 315 0 Asian 164 190 0 American Indian, Alaska Native 0 35 0 Pacific Islander 0 0 0 Hispanic 545 470 0 Table 13 - Disproportionally Greater Need 50 - 80% AMI Data Source: 2013-2017 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Consolidated Plan Pearland 20 OMB Control No: 2506-0117 (exp. 09/30/2021) 80%-100% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 965 2,545 0 White 585 1,200 0 Black / African American 150 390 0 Asian 115 160 0 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 115 790 0 Table 14 - Disproportionally Greater Need 80 - 100% AMI Data Source: 2013-2017 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Discussion Though considerably smaller than the region as a whole, there is a disproportion of housing problems among the various race/ethnicities, especially at the lower incomes. All extremely low-income African American, Native American, and Asian households have at least one housing problem, while 16.5% of extremely low-income Hispanics and 12.1% of extremely low-income non -Hispanic whites have none of the four housing problems. As incomes increase the disproportion decreases. Consolidated Plan Pearland 21 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-20 Disproportionately Greater Need: Severe Housing Problems — 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction White and Asians have the lowest rate of severe housing problems among the low- to moderate - households. Hispanics, African Americans, and Native Americans have higher rates of housing with severe problems, though in only the case of Native Americans does the difference reach the 10% threshold that HUD designates as disproportionate. However, as the incomes increase, the disproportion also increases. 0%-30% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 1,685 375 265 White 730 190 110 Black / African American 430 25 80 Asian 100 80 0 American Indian, Alaska Native 20 30 0 Pacific Islander 0 0 0 Hispanic 305 50 70 Table 15 — Severe Housing Problems 0 - 30% AMI Data Source: 2013-2017 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% 30%-50% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 680 1,450 0 White 445 1,010 0 Black / African American 105 170 0 Asian 0 35 0 Consolidated Plan Pearland 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 120 175 0 Table 16 — Severe Housing Problems 30 - 50% AMI Data Source: 2013-2017 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% 50%-80% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 805 4,460 0 White 290 2,315 0 Black / African American 225 965 0 Asian 29 325 0 American Indian, Alaska Native 0 35 0 Pacific Islander 0 0 0 Hispanic 260 755 0 Table 17 — Severe Housing Problems 50 - 80% AMI Data Source: 2013-2017 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% 80%-100% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 135 3,380 0 Consolidated Plan Pearland 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems White 65 1,720 0 Black / African American 10 530 0 Asian 20 255 0 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 35 870 0 Table 18 — Severe Housing Problems 80 - 100% AMI Data Source: 2013-2017 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% Discussion All but whites have 100% of the extremely low-income households have severe housing problems, while 70% of the whites have severe housing problems. All of the African American households with very low incomes have severe housing problems, while Hispanics and Asians have just over 50% with severe housing problems, and whites have 35.8%. Moderate -income (also called low income) households have less disproportion, though it is still above the acceptable range, with whites and Hispanics having 15.5% severe housing problems and African Americans and Asians having 36.5% and 32.8% respectively. Consolidated Plan Pearland 24 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-25 Disproportionately Greater Need: Housing Cost Burdens — 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction: Due to young housing stock in Pearland, virtually none of the households live in units lacking some or all plumbing or kitchen facilities, leaving housing cost burdens and overcrowding as the main housing problems in the city, with very few living in overcrowded conditions. Therefore, housing cost burden is the greatest problem facing households. Housing Cost Burden Housing Cost Burden <=30% 30-50% >50% No / negative income (not computed) Jurisdiction as a whole 30,779 4,915 2,875 265 White 15,960 2,570 1,270 110 Black / African American 5,165 1,125 770 80 Asian 3,665 455 125 0 American Indian, Alaska Native 60 30 20 0 Pacific Islander 0 0 0 0 Hispanic 5,545 670 595 70 Table 19 — Greater Need: Housing Cost Burdens AMI Data Source: 2013-2017 CHAS Discussion: The proportion of white households with a cost burden of 30-50% is between 4.5 percentage points less (African Americans) and 9.2% less (Asians) than minority households. African Americans and Hispanics have higher rates of cost burdens over 50% of income than Asians and whites, though there is less than a 10 percentage point difference between the lowest and highest. All groups have severe housing cost burdens ranging from 6.7% of the households to 15.2%. Across all groups between two-thirds and three - fourths have no housing cost burden. Consolidated Plan Pearland 25 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-30 Disproportionately Greater Need: Discussion — 91.205(b)(2) Are there any Income categories in which a racial or ethnic group has disproportionately greater need than the needs of that income category as a whole? The lower the income range the more disproportionate the share of minorities and the higher the percentage of those with housing problems. Extremely low-income and very low-income definitely have a greater disproportion of housing problems among the minorities, especially African American, than higher incomes. If they have needs not identified above, what are those needs? The needs for those with overcrowding and/or higher than affordable cost burden result in an overall need in the community for more affordable rental housing, including more multi -family housing, and more rental units with more than 3 bedrooms. Housing cost burden is the greatest issue, with only 135 renter households of any income level with overcrowding. Are any of those racial or ethnic groups located in specific areas or neighborhoods in your community? Though minorities live throughout the city, the greatest concentrations are on the west side of Pearland, particularly west of SH 288, in the newer areas, including Shadow Creek Ranch where the highest concentration of African Americans live. Hispanics are fairly equally distributed through the city, with some concentration along Broadway between Main and O'Day. The CDBG eligible areas have the lowest concentrations of minority groups, although there are pockets in the CDBG area around Old Townsite and north of Broadway. The 2017-2021 Fair Housing Plan describes the segregation/integration pattern in Pearland and shows that Pearland has approximately half the segregation value as the region using HUD's dissimilarity index. An index of less than 40 shows low segregation/high integration. Scores of 40-54 indicate moderate segregation. All of Pearland's scores for 2015 are well below 40, with the exception of Asian/White, compared with above 50 for the region, including above 64 for Black/White dissimilarity. Consolidated Plan Pearland 26 OMB Control No: 2506-0117 (exp. 09/30/2021) NA-35 Public Housing — 91.205(b) Introduction While there are two definitive multifamily housing communities in Pearland that would be legitimately capable of qualifying residents for occupancy of low-income units (Lakeside Pointe Apartments - 2920 Oak Road 77584; and Pearland Senior Village - 2800 Brownstone Place 77584), Pearland is not a Public Housing Authority and does not have a cooperative working agreement with any of the counties it is located in. Therefore, our local compendium of multifamily housing is all privately owned and operated, subject to marketplace realities, and not tied to the systems of public housing in Brazoria, Fort Bend, and/or Harris counties. The population, demographic, and economic conditions in the community do not support the need for public housing programs, as the City has a very low poverty rate, unemployment rate, and statistically insignificant homelessness. The Tenant -Based Rental Assistance vouchers that show up in our dataset purport to issuances made by Brazoria County Housing Authority, and are accepted due to the fact that the applicable low -moderate income multifamily units involved were previously located in the extraterritorial jurisdiction (unincorporated Brazoria County), but were annexed in the 1990s. Totals in Use Program Type Certificate Mod- Rehab Public Housing Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * # of units vouchers in use 0 0 0 574 0 574 0 0 0 Table 20 - Public Housing by Program Type *includes Non -Elderly Disabled, Mainstream One -Year, Mainstream Five-year, and Nursing Home Transition Data Source: PIC (PIN Information Center) Consolidated Plan Pearland OMB Control No: 2506-0117 (exp. 09/30/2021) 27 Characteristics of Residents Program Type Certificate Mod- Rehab Public Housing Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Average Annual Income 0 0 0 12,692 0 12,692 0 0 Average length of stay 0 0 0 6 0 6 0 0 Average Household size 0 0 0 2 0 2 0 0 # Homeless at admission 0 0 0 0 0 0 0 0 # of Elderly Program Participants (>62) 0 0 0 142 0 142 0 0 # of Disabled Families 0 0 0 198 0 198 0 0 # of Families requesting accessibility features 0 0 0 574 0 574 0 0 # of HIV/AIDS program participants 0 0 0 0 0 0 0 0 # of DV victims 0 0 0 0 0 0 0 0 Table 21— Characteristics of Public Housing Residents by Program Type Data Source: PIC (PIH Information Center) Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) Pearland 28 Race of Residents Program Type Race Certificate Mod- Rehab Public Housing Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * White 0 0 0 280 0 280 0 0 0 Black/African American 0 0 0 290 0 290 0 0 0 Asian 0 0 0 4 0 4 0 0 0 American Indian/Alaska Native 0 0 0 0 0 0 0 0 0 Pacific Islander 0 0 0 0 0 0 0 0 0 Other 0 0 0 0 0 0 0 0 0 *includes Non -Elderly Disabled, Mainstream One -Year, Mainstream Five-year, and Nursing Home Transition Table 22 — Race of Public Housing Residents by Program Type Data Source: PIC (PIN Information Center) Ethnicity of Residents Program Type Ethnicity Certificate Mod- Rehab Public Housing Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * Hispanic 0 0 0 119 0 119 0 0 0 Not Hispanic 0 0 0 455 0 455 0 0 0 *includes Non -Elderly Disabled, Mainstream One -Year, Mainstream Five-year, and Nursing Home Transition Table 23 — Ethnicity of Public Housing Residents by Program Type Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) Pearland 29 Data Source: PIC (PIH Information Center) Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) Pearland 30 Section 504 Needs Assessment: Describe the needs of public housing tenants and applicants on the waiting list for accessible units: There is no public housing authority in Pearland. Brazoria County Housing Authority has only a Section 8 HCV program. Of its 574 vouchers, 198 voucher holders have some form of disability, however at this time no voucher holders live in Pearland. Most immediate needs of residents of Public Housing and Housing Choice voucher holders There is no public housing authority in Pearland and no voucher holders living in the city. The most immediate need is Pearland for Brazoria County voucher holders to access Pearland units is more rentals affordable to the extremely low- and very low-income Section 8 renters currently residing outside of Pearland. Rents county -wide have increased significantly during the past 3 to 5 years, and even more so in Pearland as new units are being added. How do these needs compare to the housing needs of the population at large Not applicable Discussion Pearland does not have a public housing authority. The Brazoria County PHA is the only one serving the Pearland area. Brazoria County's PHA has no public housing units and none of its 574 Section 8 HCV holders are currently living in Pearland. Pearland is too far from the employers of most of the Section 8 voucher holders and the rents are higher than the affordability. Consolidated Plan Pearland 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Housing Market Analysis MA-05 Overview Housing Market Analysis Overview: The Fair Market Rents (FMRs) are provided for Brazoria County, which includes Pearland. The Brazoria County FMRs for 2017 show an increase from 2016 of between 8.4% and 16.5% depending on the number of bedrooms. They are as follows: • 0-bedroom: $762 • 1-bedroom: $824 • 2-bedroom: $974 • 3-bedroom: $1,283 • 4-bedroom: $1,716 These FMRs are considerably higher than the overall Houston Metro area, and show a much higher rate of increase from 2020 and 2021. The hourly wage necessary to afford a 2-bedroom rental in Brazoria County is $16.73, translating to an annual wage of $34,800. The average renter's wage in Brazoria County is $15.86, though based on the ACS data, Pearland's average renter's wage is estimated to be higher based on the percent of renters with incomes below $34,800 in Brazoria County versus Pearland. The 2014 - 2018 ACS shows 41.9% of overall Brazoria County renters have incomes less than $35,000 while only 25.4% of Pearland renters have incomes less than $35,000. Households earning the mean renter wage can a 2-bedroom rental by working 40 hours per week and 61.4 hours for a 3-bedroom. The average very low-income renter (30.01%-50% of AM I) can afford the fair market rents for 0- through 2-bedroom units and low-income (aka moderate -income) can afford rents for up to 4 bedrooms. The extremely low income, even 4-berson incomes of $25,700, can't afford even the efficiencies at the FM Rs. Consolidated Plan Pearland 32 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-10 Number of Housing Units — 91.210(a)&(b)(2) Introduction The housing in Pearland is predominately single-family (82%), owner -occupied (76.7%) and new with 54.1% built between 2000 and 2014, and an additional 19.8% built in the 1990s. Only 6.6% of the units were built before lead -based paint was outlawed. Overcrowding (more than 1 person per room) accounts for only 1.5% of the households and the lack of complete plumbing and/or kitchen facilities accounts for only 0.6%. All residential properties by number of units Property Type Number % 1-unit detached structure 32,370 80% 1-unit, attached structure 605 1% 2-4 units 500 1% 5-19 units 3,325 8% 20 or more units 2,545 6% Mobile Home, boat, RV, van, etc 1,265 3% Total 40,610 100% Table 24 — Residential Properties by Unit Number Data Source: 2013-2017 ACS Unit Size by Tenure Owners Renters Number % Number % No bedroom 29 0% 100 1% 1 bedroom 95 0% 3,140 34% 2 bedrooms 1,110 4% 2,925 31% 3 or more bedrooms 28,265 96% 3,185 34% Total 29,499 100% 9,350 100% Table 25 — Unit Size by Tenure Data Source: 2013-2017 ACS Describe the number and targeting (income level/type of family served) of units assisted with federal, state, and local programs. There is no public housing in Pearland. The Brazoria County Housing Authority has 574 Section 8 HCVs, but none of the residents live in Pearland at this time due to distance from jobs and high rental costs. Pearland has 2 LIHTC properties — one with 126 units and 1 with 246 units. Both have all units designated as reserved for low-income. Tranquility Bay with 246 units was placed in service in 2005, and Pearland Senior Village's 126 units came on line in 2011. Consolidated Plan Pearland 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Pearland Senior Village received $3 million in HOME funds from the state. Both properties are between Broadway and Fite Road just east of Cullen Parkway within approximately a half of a mile of each other. Provide an assessment of units expected to be lost from the affordable housing inventory for any reason, such as expiration of Section 8 contracts. No units are expected to be lost. Does the availability of housing units meet the needs of the population? Based on the rental prices in Pearland, the availability of housing units in Pearland to serve the Brazoria County HCV holders and the general low-income population, there are not a sufficient number of affordable rentals to meet the needs of the households. Describe the need for specific types of housing: The primary need for housing in Pearland is senior assisted living and other special needs housing. Discussion Though there are no Section 8 voucher holders living in Pearland at this time, there are apartments that will accept the residents, but their rents are not in line with the rents paid by Section 8. In addition, most of the social services needed and jobs available for Section 8 residents and other low-income are located in the Angleton, Freeport and Lake Jackson areas located 30 to 60 miles from Pearland, or 30 miles from most of the Houston housing, suitable employment and services. Consolidated Plan Pearland 34 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-15 Housing Market Analysis: Cost of Housing - 91.210(a) Introduction The tables below show the housing market statistics for 2009-2017. Due to the rapid development and pandemic economic factors, particularly west of SH 288, the values and rents are continuing to rise. While the older and less costly units are still in the inventory, the market is driving their costs up also. Cost of Housing Base Year: 2009 Most Recent Year: 2017 % Change Median Home Value 170,400 208,900 23% Median Contract Rent 813 1,146 41% Table 26 — Cost of Housing Data Source: 2000 Census (Base Year), 2013-2017 ACS (Most Recent Year) Consolidated Plan Pearland 35 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-20 Housing Market Analysis: Condition of Housing — 91.210(a) Introduction Definitions Condition of Units Condition of Units Owner -Occupied Renter -Occupied Number % Number With one selected Condition 4,925 17% 3,365 36% With two selected Conditions 180 1% 60 1% With three selected Conditions 0 0% 0 0% With four selected Conditions 0 0% 0 0% No selected Conditions 24,390 83% 5,925 63% Total 29,495 101 % 9,350 100% Table 27 - Condition of Units Data Source: 2013-2017 ACS Year Unit Built Year Unit Built Owner -Occupied Renter -Occupied Number % Number 2000 or later 16,900 57% 5,010 54% 1980-1999 8,790 30% 2,635 28% 1950-1979 3,700 13% 1,505 16% Before 1950 105 0% 190 2% Total 29,495 100% 9,340 100% Table 28 — Year Unit Built Data Source: 2013-2017 CHAS Risk of Lead -Based Paint Hazard Risk of Lead -Based Paint Hazard Owner -Occupied Renter -Occupied Number % Number Total Number of Units Built Before 1980 3,805 13% 1,695 18% Housing Units build before 1980 with children present 9,055 31% 7,520 81% Table 29 — Risk of Lead -Based Paint Data Source: 2013-2017 ACS (Total Units) 2013-2017 CHAS (Units with Children present) Consolidated Plan Pearland 36 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-25 Public and Assisted Housing — 91.210(b) Introduction Totals Number of Units Program Type Certificate Mod -Rehab Public Housing Vouchers Total Project -based Tenant -based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * # of units vouchers available 586 0 0 0 # of accessible units *includes Non -Elderly Disabled, Mainstream One -Year, Mainstream Five-year, and Nursing Home Transition Table 30 —Total Number of Units by Program Type Data Source: PIC (PIH Information Center) Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) Pearland 37 Public Housing Condition Public Housing Development Average Inspection Score Table 31- Public Housing Condition Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) Pearland 38 MA-45 Non -Housing Community Development Assets — 91.215 (f) Introduction Economic Development Market Analysis Business Activity Business by Sector Number of Workers Number of Jobs Share of Workers % Share of Jobs % Jobs less workers % Agriculture, Mining, Oil & Gas Extraction 1,275 180 3 1 -2 Arts, Entertainment, Accommodations 4,893 5,967 12 21 9 Construction 3,416 1,502 8 5 -3 Education and Health Care Services 8,729 6,290 21 22 1 Finance, Insurance, and Real Estate 2,619 1,222 6 4 -2 Information 575 52 1 0 -1 Manufacturing 4,069 2,178 10 8 -2 Other Services 1,435 1,516 3 5 2 Professional, Scientific, Management Services 5,049 1,415 12 5 -7 Public Administration 0 0 0 0 0 Retail Trade 4,735 6,315 11 22 11 Transportation and Warehousing 2,125 507 5 2 -3 Wholesale Trade 2,700 1,136 6 4 -2 Total 41,620 28,280 -- -- -- Table 32 - Business Activity Data Source: 2013-2017 ACS (Workers), 2017 Longitudinal Employer -Household Dynamics (Jobs) Consolidated Plan Pearland OMB Control No: 2506-0117 (exp. 09/30/2021) 39 Labor Force Total Population in the Civilian Labor Force 61,238 Civilian Employed Population 16 years and over 58,995 Unemployment Rate 3.66 Unemployment Rate for Ages 16-24 11.93 Unemployment Rate for Ages 25-65 2.32 Table 33 - Labor Force Data Source: 2013-2017 ACS Consolidated Plan Pearland 40 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-50 Needs and Market Analysis Discussion Are there areas where households with multiple housing problems are concentrated? (include a definition of "concentration") There are no areas in Pearland where multiple housing problems are concentrated, based on a definition of more than 20% of households in any given block group having more than one housing problem. The percentages are based on the overall percent of households by tenure with the predominant housing problem — housing cost burden of 30% or more. Are there any areas in the jurisdiction where racial or ethnic minorities or low-income families are concentrated? (include a definition of "concentration") The majority of the city is relatively well integrated. There is only one small block group on the far east side of the city with more than 75% white. There are no block groups with more than 75% African American or Hispanic. The west half of the city — west of Cullen has no block group with any one race/ethnicity comprising more than 40% of the population. The area west of SH 288 has concentrations of African Americans and Hispanics, particularly in the newer areas, though there are no block groups with more than 40% of either minority. Likewise, there are pockets of minority concentration east of SH 288 and west of Cullen but no one group represents more than 40% of the population. Between Cullen and the city limits south of Broadway, with a few exceptions Hispanics comprise between 40% and 75% of the block groups. The map below illustrates this distribution of concentration by block group. Following is a dot density map of the location of African Americans and Hispanics at the census block level. This second map also shows the location of the low- to moderate -income areas. Only the areas around Hatfield and Garden north of Broadway have pockets of minority concentration within a low- to moderate -income area. The diversity scale is set at very low diversity in block groups with more than 75% of one race/ethnicity; moderate diversity in block groups with at least one race/ethnicity having between 40% and 75% of the population; and high diversity in areas where no race/ethnicity has more than 40% of the population. There were insufficient numbers of Asians and none in concentrated areas to map. The definition of low- to moderate -income is the 2021 determination by HUD as being 45% or greater households with incomes less than or equal to 80% of the area median income. This is an exception to HUD's general definition of areas greater than or equal to 51% LMI, due to the small number of block groups in Pearland that fit the normal criteria. What are the characteristics of the market in these areas/neighborhoods? The employment and amenities in the areas with at least 60% minority (high diversity with less than 40% of any one racial/ethnic group) are the highest in the area. Most of the medical and educational employment are in these areas, as well as most of the retail and entertainment/accommodations employment along both SH 288 and Broadway. The area west of SH 288 is the newest and fastest developing area of the city, and the most diverse with the largest concentration of higher -income households. Consolidated Plan Pearland 41 OMB Control No: 2506-0117 (exp. 09/30/2021) Are there any community assets in these areas/neighborhoods? Most of the community assets, including the UHCL campus, grocery stores, pharmacies, social service agencies, city offices, and police and fire/ems stations are located in the areas of highest diversity where at least 60% of the population is minority. The major medical, retail, and entertainment areas are located west of SH 288, also where the population is at least 60% minority. The smaller pockets of minority concentration, particularly Hispanics, in the center and east part of the city are the areas that are older and represent the Old Townsite part of Pearland. There are fewer community assets in these areas, but they are also the target for concentrated investments by the City for improving the infrastructure. Are there other strategic opportunities in any of these areas? The areas of the highest diversity, particularly along SH 288 are the areas of the greatest strategic opportunities where the greatest concentration of multi -family housing to support renter households, the greatest concentration of retail and entertainment/accommodations employment opportunities, and the greatest concentration of health care and health care employment. Consolidated Plan Pearland 42 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-60 Broadband Needs of Housing occupied by Low- and Moderate -Income Households 91.210(a)(4), 91.310(a)(2) Describe the need for broadband wiring and connections for households, including low- and moderate -income households and neighborhoods. Based on the consultation process and inspections of capacity in the area, there is a low need for broadband infrastructure improvements in Pearland, including low -moderate income households and neighborhoods. Pearland staff engaged in consultation and information research on local broadband capabilities throughout the local marketplace. The findings include important facts about local service levels and broadband speeds, in support of local residents' ability to participate in CDBG-funded activities and programs electronically and via internet-based resources, instead of solely relying on paper/physical documents and antiquated forms of communication and information dissemination. There are approximately 25 service provides, 12 of which provide residential Internet service. Service providers offer internet speeds from 25 Mbps (HughesNet) up to 1,200 Mbps (Xfinity/Comcast), ranging from 6 second download times per GB to as high as 5 minute — 27 seconds. The types of services available include cable, fiber, IPBB (copper telephone), fixed wireless, and DSL (Date Subscriber Line). Availability levels range from 1.6% (Grande Communications) up to 100% (HughesNet and Viasat Internet). Xfinity, EarthLink and AT&T are the most reliable systems, with high availability averages at 98.7% and the lowest download times. A total of 94.1% of Pearland residents have broadband Internet subscriptions and 97.4% have a computer. Describe the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction. There is limited if any need to increase broadband competition, as there are approximately 25 service providers that serve Pearland. Consolidated Plan Pearland 43 OMB Control No: 2506-0117 (exp. 09/30/2021) MA-65 Hazard Mitigation 91.210(a)(5), 91.310(a)(3) Describe the jurisdiction's increased natural hazard risks associated with climate change. Pearland is located in the Gulf Coast region, approximately 30 miles off the Texas Gulf of Mexico coastline. In 2019 and 2020, in the aftermath of Hurricane Harvey, the City experienced the need for emergency management and preparedness activities involving no less than five (5) weather events that approached our geographic area of concern (Cristobal, Laura, Marco, Nicholas, and Imelda). Although none touched our boundaries, the threat of additional natural hazards has grown, and so has our general preparedness. Flood hazard mitigation resources have improved, as the City has applied for and acquired grant funding for elevation of flood -prone structures, drainage improvements, buyouts of flood -affected properties, and DoD equipment that assists our first -responders in helping with high water rescue operations and such. The ultimate result of the increased risks has been the increased investment in emergency management and disaster preparation. The City's Incident Management Team (IMT) is now well -trained in various FEMA Incident Command Structure protocols, in line with position -specific duties all around (Finance, Operations, Logistics, Communications, Safety, Incident Command, etc.). Describe the vulnerability to these risks of housing occupied by low- and moderate -income households based on an analysis of data, findings, and methods. The social vulnerability of the Pearland community ties in with Brazoria County's assessment, placing Pearland at a LOW level (SoV of 2 on a scale of 1-10...10 being the highest). Although there is a geographic commonality with low-income target area and the majority of flooding, major investments are being made into flood prevention and mitigation via CDBG Disaster Recovery funding from the GLO, as well as investments from TDEM/FEMA to elevate structures and acquire repetitive/severe-repetitive flood loss residences. The hydrology of the CDBG target area makes it prone to flooding, but mainly due to aged infrastructure and housing. Vulnerability is heavily reduced by these investments and other capital improvements scheduled for implementation, as well as our robust rescue capabilities and high -impact incident management team. Consolidated Plan Pearland 44 OMB Control No: 2506-0117 (exp. 09/30/2021) P- CDBG Annual Action Plan City of Pearland HUD Plan Year 2022 Pearland FY 2023 CITY OF PEARLAND 16TH ANNUAL ACTION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HUD PROGRAM YEAR 2022 (City of Pearland FY 2023) Annual Action Plan 1 2022 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) 2022, which is the City's fiscal year 2023 (October 1, 2022 — September 30, 2023). 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. 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 2022 program will continue past efforts 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 2022, 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, ongoing 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 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%. Specific PY 2022 projects include efforts totaling $478,854 in CDBG allocations, involving activities involving: Non -Profit Facility Improvements ($271,049); Program Delivery Costs of Housing Rehabilitation - Per Project ($67,496); Mental Health Services ($26,878); Youth Aftercare/Child-Care Services ($25,000); and Rental Assistance - Emergency Subsistence ($20,000). Program Administration costs associated with program management and oversight will wrap up FY 22 expenditure plans, totaling $68,431. These activities are consistent with the history of performance of the Pearland CDBG Annual Action Plan 2 2022 program, with the exception of the proposed services involving Youth Aftercare/Child-Care Services. While there is somewhat of a nexus to COVID-19 for child-care in Pearland, the program activity will be implemented under the auspices of traditional low -moderate income clientele national objectives. The map below shows the City's area -benefit geographic target boundaries for conducting HUD -funded activities in low -moderate income areas. CITY OF PEARLAND rnBC •r111•¢1•i :��.•:� 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City's 4th 5-year Consolidated Plan is being submitted along with this Annual Action Plan, providing objectives and outcomes for the HUD 2022 — 2026 Program Years. 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 the following aspects. Annual Action Plan 3 2022 Rehabilitating existing housing stock: The City will continue its HRP (Home Repair Program), to repair, rehabilitate, and/or retrofit houses for accessibility. Affirmatively furthering fair housing choice: Identifying and reducing any barriers to fair housing choice and achieving the specific actions set forth in the PY 2022-2026 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 the following aspects. 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. 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. 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 the following aspects. 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. 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 This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The primary evaluation component of past performance used to make determinations in how FY 2022 funds are spent rests with the anticipation that COVID-19 levels will reduce and the pandemic conditions facing communities will subside. Thus, the City has decided to use FY 2022 resources in a fashion more consistent with pre-covid conditions, meeting Con Plan goals and objectives in a way that completes the Annual Action Plan 4 2022 5-year plan priorities. Code enforcement activities are assisting the target area properties with the ability to maintain standards, with approximately 100 - 200 citations being issued, but with the impetus for self - directed compliance among homeowners and occupants of residential property. About 20 families are assisted each year with emergency subsistence payments, and twice that many are being helped with mental health counseling services. The City is in need of aftercare/childcare services, post-covid pandemic, with the impetus being an effort to help working families re-engage in the workforce and/or job searches. COVID-19 had a negative impact on direct services, such as Housing Rehab/Repair, as many homes represent risks for personnel and contractors, and vice -versa. Therefore, last year's efforts were aimed at planning for changes due to COVID-19; specifically, making sure protective factors were imbedded in program activities, guidelines and the agreement/application process. Resources may also be devoted to purchasing emergency protective equipment/apparel to ensure safety of the public and our stakeholders/employees. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. 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. The CPP 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 2022 following substantial completion of community assessment activities involved in the Consolidated Plan process. Council input and discussion, a public hearing, a 30-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. A public hearing was held on Monday, July 25, 2022, during the 30-day comment period. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. Annual Action Plan 5 2022 Pearland resident Kevin Murphy provided the following comment: "I'm here in my capacity as the Board President for the Adult Education Center. We're requesting being considered for CDBG funds to repair our facility. The Adult Education Center formally known as the Adult Reading Center is in the heart of Pearland, we provide adult education services such as ESL, GED, citizenship, small business, entrepreneurship, and phlebotomy. Along with many support services such as, financial credit literacy and rapid 'reskilling' classes. Our program has taken a strong emphasis in the workforce career readiness and employment skills while providing career and employment pathways. We also partner with many community partners within Pearland and the surrounding areas to ensure that our students have quality instruction and programming. This year alone we have served over 400 students which is no small feat. We have had to service our students within a building that is falling apart, the building is in desperate need of a new roof, the parking lot floods when it rains, the annex building has mold and cannot be utilized. This building is outdated and makes digital literacy extremely difficult to achieve. This building does not represent who we are as an agency and does not represent the community we serve. We want to continue to do great work in the community but we either need a new building or renovate the current building. No one should have to walk through puddles of water when it rains or worry about losing power or the a/c constantly going out having to be repaired in 100 plus degree weather. Our students and staff deserve better than that, so we are asking you to consider helping out the Adult Education Center. Thank you very much. Because our public hearings are docketed, any public comments that take place during docketed public hearings call for speakers to indicate their name and address as part of the official record. However, the public has the option of remaining anonymous and providing comments in other ways, if so chosen. For documentation purposes, the first initial and last name and street of the commenter are provided in this section of the Plan. 6. Summary of comments or views not accepted and the reasons for not accepting them There are no comments or views that have not been accepted. 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 Annual Action Plan 6 2022 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. Annual Action Plan 7 2022 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 CDBG Administrator Pearland Administration 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. 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. Annual Action Plan 8 2022 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 Annual Action Plan 9 2022 AP-10 Consultation — 91.100, 91.200(b), 91.215(1) 1. Introduction 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. While a number of agencies customarily participate in discussions and planning interactions involving the development of our plan, only a specific set of agencies are officially considered part of the consultation activities, mostly due to their nexus to 5-year Consolidated Plan priorities. Others provide mere ancillary information that allows us to confirm local conditions haven't changed as far as their local or regional investments. Because many of those involving housing and homeless programs and our local conditions do not support high priorities in that regard, they are not included in the group we list in Table 2. Pearland staff engaged in consultation and information research on local broadband capabilities throughout the local marketplace. The findings include important facts about local service levels and broadband speeds, in support of local residents' ability to participate in CDBG-funded activities and programs electronically and via internet-based resources, instead of solely relying on paper/physical documents and antiquated forms of communication and information dissemination. There are approximately 25 service provides, 12 of which provide residential internet service. Service providers offer internet speeds from 25 Mbps (HughesNet) up to 1,200 Mbps (Xfinity/Comcast), ranging from 6 second download times per GB to as high as 5 minute — 27 seconds. The types of services available include cable, fiber, IPBB (copper telephone), fixed wireless, and DSL (Date Subscriber Line). Availability levels range from 1.6% (Grande Communications) up to 100% (HughesNet and Viasat Internet). Xfinity, EarthLink and AT&T are the most reliable systems, with high availability averages at 98.7% and the lowest download times. A total of 94.1% of Pearland residents have broadband internet subscriptions and 97.4% have a computer. Annual Action Plan 10 2022 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(1)) 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 the Coronavirus pandemic. These include mental health counseling services, more robust emergency subsistence, and a plan to increase the use of CDBG funds for housing rehabilitation and CARES Act funds disbursed to the City through the State of Texas, Harris County and Fort Bend County. Rental assistance has been the primary response to the City's Coronavirus pandemic concerns in preventing homelessness, with a planned distribution of over $1,000,000 in federal assistance from the aforementioned funding sources. If necessary, American Rescue Plan Act (ARPA) funds will be used to add to the CARES Act, CDBG/CDBG-CV, State -funded efforts, and other funds being used to help those in need. Resiliency The City utilized its own internal factors when determining associated levels of resiliency, in addition to County information regarding local area social vulnerability indices. On a scale of 1 — 10, 1 being the highest, Pearland shares Brazoria County's SoVI at a rating of 2. Low poverty, accessible/available and affordable housing, disaster recovery resources and other local protective measures all play into the community's ability to restore itself in the aftermath of a disaster or catastrophic event. Pearland's unemployment rate, for example, quickly restored to normal levels (at or below 4%) after initial Coronavirus pandemic response and recovery efforts were instituted. At no juncture during any of the past U.S. Census data collection efforts (decennial and/or ACS surveys) has Pearland's income or economic demography drastically changed for the worse over the past 10 years. The median household income for Pearland in 2020 dollars is $102,764, down from $104,504 in 2019, with a per -capita income Annual Action Plan 11 2022 at $42,021, and a consistent 3.5% of people in Pearland living in poverty (approximately 4,410 people in 1,520 households). The City operates an independent emergency management office that is primary oversight for our disaster response and recovery in the aftermath of a catastrophe. We partner with Brazoria Drainage District No. 4 when handling a variety of major flood control and management/maintenance endeavors, but the City is generally the sole resource for managing major flood resiliency efforts. We collaborate with County and State resources, work closely with FEMA when public assistance or individual assistance from the federal level is required. 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 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. Brazoria County is a participant in the THN HMIS system and does receive consultation when necessary for administering its local participation in HMIS. 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 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 Annual Action Plan 12 2022 Table 2 — Agencies, groups, organizations who participated 1 Agency/Group/Organization ADULT EDUCATION CENTER INC. Agency/Group/Organization Type Services -Education What section of the Plan was addressed by Consultation? Anti -poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Important public comments have shed light on the value of revisiting the Center's place in the CDBG program, highlighting the negative impact of dilapidating facilities. The City will continue to seek ways to do more to assist with agencies dealing with aged structures and the added need for supporting a growing public need. An official consultation took place with the board Chairman on August 3, 2022. 2 Agency/Group/Organization Counseling Connections for Change, Inc. Agency/Group/Organization Type Services -Health What section of the Plan was addressed by Consultation? Non -Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? COVID-19 job loss and associated income brings about a concern for access to health benefits. This has produced a local need, since Hurricane Harvey, to expand the availability of services that meet the needs of uninsured and underinsured Pearland residents that are also low -moderate income. Consultation is ongoing to the effect that the Action Plan must include HUD CDBG resources to support those local needs. 3 Agency/Group/Organization PEARLAND NEIGHBORHOOD CENTER Agency/Group/Organization Type Food and family services Neighborhood Organization What section of the Plan was addressed by Consultation? Homelessness Strategy Annual Action Plan 2022 13 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? As the pandemic and other disaster recovery needs prevail, PNC has been a constant contact for consultation regarding the need for emergency subsistence in Pearland. Rental and utility assistance programs flow through the agency via HUD CDBG funds provided by the City of Pearland. 4 Agency/Group/Organization AT&T Agency/Group/Organization Type Services - Broadband Internet Service Providers What section of the Plan was addressed by Consultation? Broadband Infrastructure Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? While not the sole provider of internet/broadband services, AT&T represents the lion's share of right-of-way, fiber -infrastructure, internet broadband utilities. This entity is a constant contact for the City on matters of many infrastructure/utility issues involving municipal services and the community's capacity for access to the internet. This entity concurs with our local assessment of broadband capabilities. 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. Pearland does not operate as a public housing authority, nor does it fall within the auspices of the Brazoria County Housing Authority. There is one publicly funded multifamily entity that has a location in Pearland (Tranquility Bay, recently conveyed to a new owner and renamed), but the program qualifications for residing in that rental property is confined to income limits. To the City's best knowledge, no Tenant -Based Rental Assistance or Section 8 vouchers are being used to fund housing at that location. There is no agreement between the City and Brazoria County or Harris County or Fort Bend County to any extent that would provide collaboration on housing matters involving low-income or housing -challenged individuals in Brazoria County, as the local homeless data is insufficient to support the need for our local population. Annual Action Plan 14 2022 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? The balance of the State is a wide-ranging economic and housing consideration and Pearland is generally at the higher levels of each when it comes to: housing affordability, population growth, income and education. It is on the lower spectrum when it comes to: homelessness and poverty. The overarching goals of the State's CoC are to: 1. increase the number of people exiting homelessness; 2. reduce the number of people experiencing homelessness; 3. reduce the length of time someone is in a Continuum of Texas CoC Balance homeless situation; and 4. increase employment and income for persons who are in homeless Care of State situations. Pearland's goals are somewhat different, largely due to the lack of statistically significant homelessness in the community. Situational conditions may exist in the aftermath of disasters, due to damaged housing, but are temporary and quickly restored. The conclusion of the local analysis on CoC planning and goals suggests that the community should continue monitoring conditions annually and as part of its 5-year Consolidated Plan development activities. Table 3 — Other local / regional / federal planning efforts Narrative (optional) The most recent review of Point -in -Time (PIT) suggests that there are 149 homeless persons in the area south-southeast of Pearland, but no references to any such statistical data for Pearland itself. This is commensurate with the local employment, income, housing and other related demographic information available to the City. The one important resource available for local review is the Texas Workforce Commission quarterly unemployment report. For 2022, it is clear that CARES Act resources and quick counterbalancing recovery occurred in Pearland to the extent no statistical homelessness occurred. The highest unemployment rate during the pandemic in Pearland was around 6.6 perecent, but it quickly recovered and was back to its normal rate under 4 percent by March of 2021. The current unemployment rate in Pearland is 3.5 percent at the time of this Plan. Annual Action Plan 15 2022 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 City's PY 2022 Annual Action Plan was the subject of a 30-day comment period requirement. Because the City hosts docketed public hearings, when at all possible, the hearing is recorded and streamed live via YouTube and provides a larger public presence than our facility allows. The majority of citizen involvement in Pearland CDBG planning takes place during the efforts to create its 5 — Year Consolidated Plans, with interim involvement taking place during public comment periods. Due to the relatively small allocation amounts and consistent nature/scope of program/activity, the City does not find it feasible to utilize ongoing citizen committees or other official group -based considerations for developing our plans at this time. During the development of the 5-Year Consolidated Plans, surveys and presentations at local neighborhood forums held each year by the Pearland Neighborhood Center constitute the primary ways citizen involvement take place. The public hearing was conducted at the 6:30 PM Regular Meeting of City Council on July 25, 2022. 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. 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 Annual Action Plan 16 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) 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. Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Hearing Non- targeted/broad community General public in attendance at a local City Council meeting — July 25, 2022. Funding consideration for the Adult Education Center, with a description of urgent, unmet needs. N/A Table 4 — Citizen Participation Outreach Annual Action Plan 17 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources — 91.220(c)(1,2) Introduction The City receives an annual allocation of over $400,000 at this time, allocating the funds in accordance with local social service priorities (rental assistance, mental health services, homebound meal delivery/food bank, youth services and other services. At this time, the major public investments involving the program involve facility improvements at a local non-profit mental health services facility. 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 public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 478,854 0 0 478,854 478,854 First CDBG allocation year of new 2022 -2026 Con Plan. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) 18 Table 5 - 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 Due to the City's limited impoverishment and low-income population, few other entitlement resources are available for matching CDBG funds. It is often the case that these funds are the sole source of support for eligible activities OR that the available CDBG funds pale in comparison to general or enterprise funding; thus, preventing it from being feasible to attach federal requirements to certain projects. There are some examples involving subrecipients (Mental Health Services in particular) where CDBG funds help to meet eligible participants' cost -shares for uninsured/underinsured services related to their income levels or unemployment status. Annual Action Plan 19 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City owns the land and property for use by the Pearland Neighborhood Center, a local non-profit agency that provides various social services for the community. The City offers this real property for the agency's uses at a rate of $1 per year. That facility is used to house rental and utility assistance programming and the affiliated personnel involved in program delivery. Discussion The primary allocation priorities for HUD Program Year 2022 (City of Pearland FY 2023) stem from the need to restore allocation practices to pre-Coronavirus pandemic levels and provide and the necessary traditional CDBG program support. Rental assistance, non-profit facility improvements, youth services, housing rehabilitation, and mental health services 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. Annual Action Plan 20 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 Youth Services HUD PY 2022 HUD PY 2026 Non -Housing Community Development City -Wide Child Care CDBG: $25,000 Youth Services: 50 Household Housing Unit 2 Owner Occupied Housing Rehabilitation HUD PY 2022 HUD PY 2026 Affordable Housing Pearland Historic Old Townsite Owner Occupied Housing Rehabilitation CDBG: $67,496 Homeowner Housing Rehabilitated: 15 Household Housing Unit 3 Facility Improvements HUD PY 2022 HUD PY 2026 Non -Housing Community Development Pearland Historic Old Townsite Senior Centers CDBG: $271,049 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 100 Persons Assisted 4 Mental Health Services HUD PY 2022 HUD PY 2026 Non -Housing Community Development Pearland Historic Old Townsite Mental health services CDBG: $26,878 Public service activities other than Low/Moderate Income Housing Benefit: 50 Persons Assisted Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) 21 Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 5 Subsistence Payments HUD PY 2022 HUD PY 2026 Non -Housing Community Development City Wide Subsistence Payments CDBG: $20,000 Public service activities other than Low/Moderate Income Housing Benefit: 20 Persons Assisted Tenant -based rental assistance / Rapid Rehousing: 15 Households Assisted Table 6 — Goals Summary Annual Action Plan 22 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects — 91.220(d) Introduction The City used local surveys and housing assessment data, as well as economic assessments of the community and other social service program information to determine its program priorities during the 2017-21 5-year Consolidated Plan process. The associated Annual Action Plan priorities are consistent with those, and the annual allocations of CDBG funds are used accordingly. COVID-19 planning activities elevated the concerns for rental assistance resources in FY 19 and FY 20, as indicated via surveys of multifamily landlords and management entities operating rental property in Pearland. Those same surveys were continued for the sake of determining ongoing needs, which demonstrated no need to continue high levels of prioritization for FY 22 regular CDBG funds. The only departure from normal program priorities involves the planned use of funds to delivery youth aftercare services to low -moderate income Pearland households, impacted by COVID-19 and possibly re-entering the workforce. During PY 2020 (City of Pearland FY 2021), the City will focus its CDBG funds on continuing to improve the housing stock via home repair program activities and code enforcement, increasing resources available to social service agencies meeting local underserved needs, and other small community development activities. Additional funds provided for coronavirus pandemic recovery (CDBG - CV1 and CDBG - CV2) will be used to provide notable increases in homebound meal delivery services for seniors and emergency subsistence. Projects # Project Name 1 Youth Aftercare/Child-Care Services - Aftercare 2 Housing Rehabilitation and Repair 3 Facility Improvements 4 Mental Health Services 5 Emergency Subsistence 6 General Program Administration 2022 Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs This Plan involves the use allocations of the PY 2022 CDBG HUD allocation to the City of Pearland totaling $478,854. The local assessment of unmet needs indicate that enough COVID-19 resources are available 23 Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) to the community, via CDBG CARES Act provisions (CV1 and CV2) and the American Rescue Plan Act (ARPA) allocation of $11.8 million through December 31, 2024. The PY 2022 funds will attempt to begin a reversion to normal uses for CDBG priorities, as the pandemic will hopefully subside. Regular allocations of historically appropriate amounts for emergency subsistence, mental health services, code enforcement activities, housing repair and rehabilitation, and the facility improvements for local non-profit mental health facility are the top priorities. The City will also make an effort to sustain investments into youth services, as one important pandemic response to an unmet need involves aftercare services. Annual Action Plan 24 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Action Plan 25 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 All area -based projects are located within established CDBG Target Areas with at least 45% low -moderate - income households for work taking place during PY 2022. The primary basis for allocating investments being the City's 4th 5-Year Consolidated Plan, other supportive activities produce specific priorities each year towards meeting longer term goals and objectives. These include 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 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 a mental health facility; and • General Program Administration Geographic Distribution Target Area Percentage of Funds Pearland Historic Old Townsite 0 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically There are no proposed area -benefit projects that involve geographic investments on a target -area basis. Discussion The majority of CDBG funds are being used to impact eligible low -moderate income households, which can be located anywhere throughout the City limits. However, the City's Code Enforcement program is designed to impact the community on an area -benefit basis, and is fairly well concentrated within the areas north of FM518/Broadway, east of Cullen Boulevard, south of the northern border of the City limits, and west of State Highway 35. This area includes the Pearland Old Townsite, which is where a large portion Annual Action Plan 26 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) of elderly residents live in the City. Annual Action Plan 27 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing — 91.220(g) Introduction Two programs assist with affordability in housing: Emergency Subsistence and Housing Rehab/Repair. In FY 22 the City will assist 20 households with CDBG rental/utility assistance support and the goal is to repair another 15 single-family, owner -occupied homes within the City limits. Both programs are designed to assist low -moderate income households/individuals. One Year Goals for the Number of Households to be Supported Homeless Non -Homeless Special -Needs Total 0 35 0 35 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance The Production of New Units Rehab of Existing Units Acquisition of Existing Units Total 20 0 15 0 35 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion Annual Action Plan 28 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing — 91.220(h) Introduction The City of Pearland is not a Participating Jurisdiction, nor is it a HUD Entitlement with Public Housing Authority (PHA) funding. It does not issue or receive housing voucher benefits of any sort, including Section 8 or Tenant Based Rental Assistance (TBRA). There are no public housing residences, single or multifamily, in Pearland. Actions planned during the next year to address the needs to public housing The City of Pearland is not a Participating Jurisdiction, nor is it a HUD Entitlement with Public Housing Authority (PHA) funding. It does not issue or receive housing voucher benefits of any sort, including Section 8 or Tenant Based Rental Assistance (TBRA). There are no public housing residences, single or multifamily, in Pearland. This negates the feasibility of considering planning for local public housing needs, in addition to the demographic information relied upon to determine plan priorities (income levels, employment, education, housing affordability, etc.). Actions to encourage public housing residents to become more involved in management and participate in homeownership Because the City has no public housing, there are no feasible aspects of planning for housing and community development activities involving public housing residents. There are no public housing residents to involve. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The City of Pearland is not a public housing authority PHA and there are no such units within the City. Discussion Annual Action Plan 29 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities — 91.220(i) Introduction Pearland has very little if any notable homeless issues, most of which are situational. Even with the coronavirus pandemic, the traditional signs that housing is unavailable for all of its residents are benign. Unfortunately, surveillance systems are lacking, but the City ties its observations of community conditions to public school systems, which have a good perspective about family housing situations and provide access to those perspectives when programs and resources are needed. 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 Pearland Neighborhood Center (PNC) is a private non-profit agency, but performs social service agency duties consistent with what many public facility oriented, community -based assistance programs offer. The City allows the entity to be housed in a publicly owned building at a $1/year annual lease rate, where it offers or houses food pantry services, infant/baby supplies, child-care services, as well as rent and utility assistance. 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 Annual Action Plan 30 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) 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. The program is now relocated into the Community Development Department, fostering more outreach and with an improved nexus to planning and permits/inspections. Discussion Annual Action Plan 31 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing — 91.220(j) Introduction: 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. 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 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 Annual Action Plan 32 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) 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. Discussion: Annual Action Plan 33 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 2022 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: 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 continue to 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 and Coronavirus pandemic 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. While the catalyst for adding mental health services originated with the outcomes of the 5-year Consolidated Plan processes, Hurricane Harvey in 2017 had a notable impact on the importance of elevating the need for CDBG funding towards those efforts. Coronavirus pandemic impacts further substantiated the need to continue such investments, as uninsured/underinsured Pearland residents Annual Action Plan 34 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) continued to suffer from unmet needs in the form of resources, so the programs continue to receive support. 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 2022 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 Annual Action Plan 35 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 2020, 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 2022. 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 Because Pearland does not have public housing, the only coordination priorities for this area of concern exist between private homeowners and social service agencies and/or multifamily rental unit tenants and social service agencies. The Pearland Neighborhood Center (PNC) is the City's appropriate CDBG subrecipient in this regard, but the City itself is growing its capacity for doing so internally. As an outgrowth of Coronavirus pandemic response and recovery, larger internal capacity for delivering programs and services to renters developed in-house, creating more control for our desired types of partnerships and collaborative endeavors. A STRONG partnership developed between the City and the Houston Apartment Association, which gave us the leverage needed to extract more research and data about the apartment communities in Pearland. Regular meetings, surveys of rental unit management and other key benefits accrued as a result of the collaboration. This is one important area that has served the City's CDBG efforts well, as we are able to easily determine if/when additional rental assistance program investments are needed. 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 2020, 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. Annual Action Plan 36 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements — 91.220(I)(1,2,4) Introduction: The City of Pearland will not be using FY 2022 funding for CDBG Urgent Need activities. The program should be resorting to normal post -pandemic uses, so the traditional programs and services in accordance with Con Plan 2022-26 will resume. The one activity that will have long-term concerns that stem from coronavirus impacts but are also important due to the growth in population of the City, involve the Knapp Senior Center. That facility will be the subject of existing action plan resources, adding to prior year investments, with additional unprogrammed CDBG funds being up for consideration for its expansion. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(I)(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. 100.00% Annual Action Plan 37 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 Action Plan 38 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Action Plan 39 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI-00515R of 20515R U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 1. Name of Grantee (as shown in item 5 of Standard Form 424) Pearland 3a. Grantee’s 9-digit Tax ID Number 746028909 3b. Grantee’s 9-digit DUNS Number HUBRXKNJG3C8 (UEI) 2. Grantee’s Complete Address (as shown in item 5 of Standard Form 424) 3519 Liberty Dr Pearland, TX 77581-5416 4. Date use of funds may begin 10/01/2022 5a. Project/Grant No. 1 B-22-MC-48-0400 6a. Amount Approved $478,854 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) Stacia L. Johnson Grantee Name (Contractual Organization) Pearland (City of Pearland) Title CPD Director Title Signature X Date 11-09-2022 Signature X Date (mm/dd/yyyy) 7. Category of Title I Assistance for this Funding Action: Entitlement, Sec 106(b) 8. Special Conditions (check one) None Attached 9a. Date HUD Received Submission 08/16/2022 10. check one a. Orig. Funding Approval b. Amendment Amendment Number 9b. Date Grantee Notified 11-10-2022 9c. Date of Start of Program Year 10/1/2022 11. Amount of Community Development Block Grant FY 2022 a. Funds Reserved for this Grantee b. Funds now being Approved $478,854 c. Reservation to be Cancelled (11a minus 11b) 12a. Amount of Loan Guarantee Commitment now being Approved N/A 12b. Name and complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. Name of Authorized Official for Designated Public Agency Title 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 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 OMB Approval No. 2506-0193 exp 1/31/2025 1 1 7 6 5 3 Mayor (J. Kevin Cole) 11/10/2021 DocuSign Envelope ID: FC411F0F-A7BC-49DB-84FD-849DDBC8EDBE 8. Special Conditions. (a)The period of performance and single budget period for the funding assistance specified in the Funding Approval (“Funding Assistance”) shall each begin on the date specified in item 4 and shall each end on September 1, 2029. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2029. (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. DocuSign Envelope ID: FC411F0F-A7BC-49DB-84FD-849DDBC8EDBE (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). DocuSign Envelope ID: FC411F0F-A7BC-49DB-84FD-849DDBC8EDBE