POS Agreement_Opening DoorsMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Purchase of Service Agreement — FY14
Opening Doors for Emergency & Transitional Housing
Date: June 20, 2013
Dubuque
teal
All- America City
111 r
2012
The adopted Fiscal Year 2013 City Community Development Block Grant (CDBG)
operating budget provides payment of $13,005 to Opening Doors for emergency and
transitional housing.
Housing and Community Development Manager Alvin Nash is recommending
that the City Council approve the attached Purchase of Service Agreement with
Opening Doors for operational costs for Teresa Shelter, an emergency shelter for 28
women and children, and Maria House, a transitional facility that houses up to 18
women and children. In FY 2014, the agreement is modified to advise that the City
Manager, or the City Manager's designee, is the City's representative.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
,orilivv, krt., itg„,
Michael C. Van Milligen
MCVM /at
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jenny Larson, Budget Director
Alvin Nash, Housing and Community Development Department Director
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
Michael C. Van Milligen, City Manager
Dubuque
bfril
All- America City
11111 r
2012
Alvin Nash, Housing and Community Development Department
Purchase of Service Agreement — FY14
Opening Doors for Emergency & Transitional Housing
June 20, 2013
The adopted Fiscal Year 2014 City Community Development Block Grant (CDBG)
operating budget provides payment of $13,005 to Opening Doors for emergency and
transitional housing. The agreement includes reference the City Council's goals and
priorities.
It is recommended that the City Council approve the attached Purchase of Service
Agreement with Opening Doors for operational costs for Teresa Shelter, an emergency
shelter for 28 women and children, and Maria House, a transitional facility that houses
up to 18 women and children. Approval will authorize the Mayor to execute the contract
on behalf of the City when the HUD CDBG funding agreement has been authorized.
Attachment
f: \users\atauke\cdbg \cdbg contracts \opening doors\1 4 cdbg opening doors mvm memo.doc
CITY OF DUBUQUE, IOWA
AND
OPENING DOORS
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
FY 14 EMERGENCY AND TRANSITIONAL HOUSING
AND SERVICES
THIS AGREEMENT, executed on the _day of 2013 is made and entered into
by and between the City of Dubuque, Iowa (Recipient), a municipal corporation
organized and existing under the laws of the State of Iowa, and Opening Doors, with its
principal place of business in Dubuque, Iowa (Subrecipient).
Whereas, Recipient is a participating city in the Community Development Block
Grant Program of the United States Department of Housing and Urban Development;
and
Whereas, Subrecipient is willing to provide the services to Recipient set forth
herein upon the terms and conditions set forth herein.
NOW THEREFORE, the parties hereto agree as follows:
I. Scope of Service:
Subrecipient shall:
a. Provide the services to eligible residents of the City of Dubuque in a
manner satisfactory to Recipient and consistent with any standards
required as a condition of providing these funds. Such program
shall include the following activities eligible under the Community
Development Block Grant Program: Operating costs for emergency
and transitional housing and services for women and children at
Teresa Shelter and Maria House.
In the event of a conflict between Subrecipient's proposals and the
provisions hereto attached, that provision which in the judgment of
Recipient provides the greatest benefit to Recipient shall prevail.
Failure of Subrecipient to provide any of the services proposed
shall be deemed a material breach of this Agreement.
b. City Council goals and priorities are attached hereto as Exhibit A.
1
II. City Responsibilities
City designates the City Manager, or the City Manager's designee, to
act as its representative with respect to the work to be performed under
this Agreement, and such person shall have authority to transmit
instructions, receive information, interpret and define City's policies and
provide decisions in a timely manner pertinent to the work covered by
this Agreement until Agency has been advised in writing by City that
such authority has been revoked.
III. National Objective
Subrecipient certifies and maintains documentation that the activities
carried out with funds provided under this Agreement will meet the CDBG
program's National Objectives as stated:
570.208(a)(2) Activities benefiting low and moderate income persons;
Benefit to a clientele (homeless persons) who are generally presumed to
be principally low- moderate income persons; and requires reporting
information on ethnic origin, homeless status, and female head of
household status for participants served.
IV Project Budget
The total compensation to be paid to Subrecipient by Recipient for the
services shall in no event exceed the sum of $13,005. See attached
budget as Exhibit B.
Any indirect costs charged must be consistent with the conditions of
Section II (C)(3) of attached Exhibit C, Standard Requirements. In
addition, Recipient may require a more detailed budget breakdown, and
Subrecipient shall provide such supplementary budget information in a
timely fashion in the form and content prescribed by Recipient. Recipient
and the Subrecipient must approve any amendments to this Agreement in
writing.
V. Dates of Commencement and Completion:
The services to be provided under this Agreement shall be commenced on
July 1, 2013 and shall be completed not later than June 30, 2014.
Recipient's right to enforce the terms of this Agreement shall be extended
to cover any additional time during which Subrecipient remains in control
of CDBG funds or other assets including program income.
VI. Agreement Documents and Provisions
Subrecipient shall perform or arrange for the provision of services under
this Agreement in the manner and time provided herein and in accordance
with the Community Development Block Grant Program, including the
Standard Requirements in Exhibit C herein attached and made a part of
this agreement.
VII. Payment
A. It is expressly agreed and understood that the total amount to be
paid by Recipient under this Agreement shall not exceed the
amount stated in Section IV. Such amount shall be paid upon
written request on the Request for Payment form, with proof
satisfactory to Recipient of expenses. Drawdowns for payment of
eligible expenses are reimbursement only and shall be made
against budgeted items only.
B. Payment shall be supported by documentation provided by
Subrecipient of costs incurred for services provided pursuant to this
Agreement.
C. Payments are contingent upon certification of Subrecipient's
financial management system in accordance with the standards
specified in OMB Circular A -110, the provisions of which are
available in the office of Recipient.
VIII. Insurance.
At the time of execution of this Agreement by Subrecipient, Subrecipient
shall provide Recipient with copies of Subrecipient's insurance certificates
showing general liability, automobile liability, and workers compensation
insurance coverage to the satisfaction of Recipient for the term of this
Agreement.
IX. Reporting and Monitoring.
Subrecipient shall render to Recipient a quarterly written report detailing
its activities. Quarterly reports shall be submitted no later than the 15th of
the month in October, January, April and July.
Subrecipient shall submit a measurable performance outcome for the
funded activity when submitting the quarterly report, as follows:
Provide 225 persons with new access to transitional and emergency
housing and services for the purpose of providing decent housing.
Subrecipient shall be subject to at least one site visit by personnel of
Recipient, or a designee of Recipient or duly authorized federal officials,
for the purpose of monitoring Subrecipient's delivery of services and
compliance with terms of the agreement and federal standards that pertain
to federally funded grant activities. Review may include accounting books
and records for financial management and documentation of program
costs. The reviewers shall have access to and the right to examine, audit,
excerpt and /or transcribe any of Subrecipient's records pertaining to all
matters covered by this Agreement. Subrecipient shall be subject to
subsequent site visits to review correction of any deficiencies in
compliance.
3
Recipient shall monitor the performance of Subrecipient against goals and
performance standards required herein. Substandard performance as
determined by Recipient shall constitute noncompliance with this
agreement. If action to correct such substandard performance is not
taken by Subrecipient within a reasonable period of time after being
notified by Recipient, contract suspension or termination procedures shall
be initiated.
X. Termination of Agreement.
This agreement may be terminated by either party by giving the other
party a written, ninety (90) day notice of such termination or upon such
other terms as may be mutually agreeable.
If, through any cause, Agency shall fail to fulfill in a timely and proper
manner its obligations under this Agreement or if Agency shall violate any
of the covenants, agreements, or stipulations of this Agreement, City shall
have the right to terminate this Agreement by giving written notice to
Agency of such termination not less than five (5) days before the effective
date of such termination.
XI. Assignability.
Agency shall not assign this Agreement or any interest in this Agreement
without prior written approval of City.
XII. Notices.
Communication and details concerning this agreement shall be directed to
the following contract representatives:
Recipient
Community Development Specialist
Housing and Community Development
350 West 6th Street Suite 312
Dubuque, Iowa 52001
Subrecipient
Michelle Brown
Opening Doors
1561 Jackson
Dubuque, IA 52001
IN WITNESS WHEREOF, the parties have executed this agreement, with the
referenced attachment Exhibit A, B, C as of the date first written above.
Witness -der City of
Ke in Firnstahl, City
wa
Roy D. oI, Mayor
Opening Doors
Michelle Brown, Executive Director
F: \USERS\ATAUKE \CDBG\CDBG Contracts \Opening Doors \13 Opening Doors - CDBG services agrmt.doc
4
EXHIBIT A
The following is the official Vision & Mission Statements, Five Year City and Community Goals,
Top & High Priorities for the City of Dubuque as well as the Management Plan and Major
Projects as adopted by the Dubuque City Council at their annual goal- setting session August 27
— 28, 2012.
The Dubuque 2027 Vision Statement
The city of Dubuque is a progressive, sustainable city with a strong diversified economy and
expanding global connections; the Dubuque community is an inclusive community celebrating
culture and heritage and has actively preserved our Masterpiece on the Mississippi; Dubuque
citizens experience healthy living and active retirement through quality, livable neighborhoods and
an abundance of fun things to do and they are engaged in the community, achieving goals through
partnerships; and Dubuque City government is financially sound and providing services with
citizens getting value for their tax dollars.
Mission Statement
The City's mission is to deliver excellent municipal services that support urban living, and
contribute to a sustainable city. The City plans for the community's future, and facilitates access to
critical human services. The result is a financially sound city government and citizens getting
services and value for their tax dollar.
Five -Year City Goals
Planned and managed growth
Partnering for a better Dubuque
Improved connectivity — transportation and telecommunications
Five -Year Community Goals for a Sustainable Dubuque
Economic Prosperity
Social /Cultural Vibrancy
Environmental Integrity
2012— 2014 Top Priorities:
1) Arts and Culture Strategy: Evaluation, Direction, Goals, City Action, City Funding City
Community Goal it is under: Social Cultural Vibrancy
Objectives for Social Cultural Vibrancy:
• Increase the mutual understanding, acceptance and tolerance among all
regardless of their ethnic background or lifestyle
• Continue to become an inclusive community in which all feel welcome and
included
• Increase resident interaction using vehicles like clean up campaigns,
neighborhood picnics, new neighbor welcoming events and other strategies
development by residents.
• Become a regional hub for arts and culture
• Have an efficient public health system that focuses on prevention and wellness
5
Means to Residents (outcomes).
• Everyone is welcome in the Dubuque community
• Living life without fear or threats
• Equal treatment for all by City staff
• City services are available for all and delivered in an equitable and fair manner
• City workforce reflecting the diversity of the community
• Opportunities to experience arts and culture
2) Community Organizations: City Support and Funding
a. Every Child Every Promise
b. Project Hope
c. Dubuque Works
d. Distinctively Dubuque
e. Dubuque Concierge Welcoming Program
f. Initiatives for Inclusiveness
Community Goal it is under: Social /Cultural Vibrancy (see description under Top Priority #1)
3) Dubuque Millwork District Master Plan: Projects, Parking Solutions
City Goal it is under: Planned and Managed Growth
Objectives for Planned and Managed Growth:
• Complete the Historic Millwork District as a thriving mixed use development
with residential, retail /office, entertainment — a model for developers and
other cities
• Have safe, healthy neighborhoods citywide and homes with a variety of
housing options
• Have a thriving Downtown with professional offices, retail, residential and
entertainment
• Continue strong vibrant 24/7 residential /central business core (Main Street
Service Area Downtown and Warehouse District) — including residential
opportunities
• Annex areas consistent with the annexation policy, including City services to
annexed area
• Increase the visual appeal and beauty with attractive gateways, corridors,
neighborhoods, homes and businesses
• Develop Washington Neighborhood as a model for other neighborhoods
Means to Residents (outcomes).
• Stable property taxes for residents and businesses
• More job opportunities for all skill levels
• Choice of livable neighborhoods
• Opportunities for our children to stay in Dubuque
• Predictable future development
• Quality services to residents in annexed area
4) Mystique Casino: Evaluation and Direction
Community Goal it is under: Economic Prosperity
Objectives for Economic Prosperity:
• Diversify the regional Dubuque economy
• Retain, expand and grow local businesses, attract new businesses and to
provide a more diverse tax base and job opportunities
6
• Have the infrastructure and amenities to support economic development and
growth: industrial /business parks, streets and utility services, air service and
housing
• Have employment opportunities for persons of all skill and education levels
• Work with viable not - for - profit partners: Greater Dubuque Development
Corporation, Dubuque Initiatives, Washington Neighborhood Development
Corporation, Dubuque Main Street, Dubuque Area Chamber of Commerce,
Community Foundation of Greater Dubuque, local colleges (100 mile radius) and
others for economic prosperity
• Have a workforce prepared for 21 n century jobs
• Have top quality life options and job opportunities for all residents
• Embrace diverse population that support a multicultural workforce
Means to Residents (outcomes):
• Young professionals want to live here
• Our children want to return to raise their families
• More retail, service and entertainment opportunities — keeping dollars in
Dubuque
• Insulation from economic cycles through diverse businesses
• Variety of job opportunities to citizens
• Variety of education opportunities and internships for those jobs
• Entrepreneurial opportunities to start and grow your business in the community
5) Southwest Arterial Funding
City Goal it is under: Improved Connectivity: Transportation and
Telecommunications
Objectives for Transportation and Telecommunications:
• Increase and sustain commercial air service, including additional provider(s)
and hub(s)
• Have the ability to drive the Southwest Arterial (Iowa Highway 32)
• Develop a new model for public transit with high ridership by choice (working
with ECIA)
• Develop passenger rail service to Chicago
• Develop an up -to -date, modern air terminal that appeals to air travelers
• Improve traffic flow throughout the City — East -West Corridors, roundabouts,
light synchronization
• Use "Complete Streets Concepts"
• Develop Fiber Redundancy
Means to Residents (outcomes).
• Reduced traffic congestion and improved traffic flow
• Better conditions of streets, eliminated obstructions, and improved visibility
• Commuting through telecommunications
• Greater economic opportunities
• Air access to multiple hubs
2012 — 2014 High Priorities:
1) GDDC: City Support
City Goal it is under: Economic Prosperity (see description under Top Priority #4)
7
2) Indoor Aquatic Center: Evaluation, Direction and School Partnership
City Goal it is under: Partnering for a Better Dubuque
Objectives for Partnering for a Better Dubuque:
• Federal and State lobbying and advocacy for Dubuque
• Partner for economic and workforce development
• Partner with education
• Partner for culture and arts
• Partner for support of families and children
• Partner for housing opportunities
• Partner for healthcare and wellness
• Partner for historic preservation
• Partner for delivery of human services — meeting the needs of the
underserved
• Partner for sustainability
• Maintain and enhance private - public partnerships with common goals and
commitments to shared resources that benefit the Dubuque community
• Increase resident engagement in the City's governance processes
Means to Residents (outcomes).
• Bigger "bang" for tax dollars
• Enhanced economic development opportunities
• More ownership of end products — people involved in the process, and
support outcomes
• Better access and use of facilities
• Protection of your interests
3) Masterplan for Chaplain Schmitt Island: Development
City Goal it is under: Economic Prosperity (see description under Top Priority #4)
4) Safe Community Initiative: Monitoring and Next Steps
Community Goal it is under: Social /Cultural Vibrancy (see description under Top Priority
#1)
5) Skate Parks
City Goal it is under: Partnering for a Better Dubuque (see description under High
Priority #2)
6) Street Improvement Program
City Goal it is under: Improved Connectivity: Transportation and Telecommunications
(see description under Top Priority #5)
7) Third Grade Reading Strategy: Direction and Implementation
City Goal it is under: Partnering for a Better Dubuque (see description under High
Priority #2)
2012 — 2014 Management Agenda:
ECONOMIC PROPERITY GOAL
• Dubuque Initiatives: Next Step
• Green Jobs Training Program
• Workforce Market Rate Housing Strategy
• NICC Job Training Grant
• Renewable Energy Program
8
ENVIRONMENTAL /ECOLOGICAL INTEGRITY GOAL
• Sustainability Purchasing Policy and Procedures
• Energy Efficiency Community Block Grant (EECBG) Implementation
• AVL for Transit
• Grand River Center Electric Meters Project
• University of Iowa Initiative for Sustainable Communities Projects
• Green Team Work Plan: Implementation
• Sustainability Curriculum in School System
• City Operations: Sustainability Performance Measures
• Dubuque Regional Smart Plan: Development
• Department of Energy Smart Grid Grant
• FEMA Flood Plain Maps: Amendment
• Sustainable Design Standards and Incentives
• DMASWA Landfill: Methane, Next Cell Approval, Compost: Quality and Quantity
SOCIAL /CULTURAL VIBRANCY GOAL
• City Workforce Diversity: Recruitment and Selection
• Territory Accountability Design: Targeted Actions
• Multi- Cultural Center Building Expansion
• Local Foods Program: Implementation
• Urban Gardens: Development
• Citizen Academy: Development
• Intercultural Competency Program within City Government: Self Assessment,
Training
• Police Explorer Program: Support
• Police -Race Dialog
• Sustainable Dubuque Indicators Software Tool: Implementation
PLANNED AND MANAGED GROWTH GOAL
• Housing Program: Direction (including Section 8)
• Inflow and Infiltration Program/Home Inspections: EPA Consent Decree
Implementation
• Surveillance and Security Camera Strategy: Design, Funding, Implementation
• City Comprehensive Plan: Update
• Census Count Resolution
• Flood Wall: Funding, Evaluation, Cell Protection
• SUDAS City Engineering Standards: Update
• Bee Branch Creek Restoration Project: Railroad Resolution, Upper Branch
Design, Land Acquisition, Funding
PARTNERING FOR A BETTER DUBUQUE GOAL
• Parks - School Joint Projects and Services: City Actions
• City Volunteer Program: Development
• Sister City Program: Delegation to Potential City
9
• All America City Award
• Dog Park Concept Plan: Development, Direction
• Veterans Memorials: Marshall Park, Miller- Riverview Park, Chaplain Schmitt
Island
• Handicap Accessible for Parks: Direction
• AmeriCorps Program: Training
• Green Vision - Education
• Bridges out of Poverty Program: City Support
IMPROVED CONNECTIVITY: TRANSPORTATION AND TELECOMMUNICATIONS
• Smart Transportation Program
• Transit for College Routes: Implementation
• Trolley Upgrades: Grant Funding
• Traffic Signal Synchronization: Citywide
OTHER CITY ACTIONS:
• Quarterly Budget Monitoring Process: Implementation
• Performance Measures: Implementation
• Budget and Financial Report: Re -write
• Website Content Management (CivicPlus)
• Citizen Response Management System (WebQA)
• 900 MHz Data System: Expansion
• Employee Wellness Program: Five -Year Goals, City Internet Posting
• Employee Involvement Teams: Expansion
• Healthcare Cost Containment: Modified Prescription Drugs Program, Agreement
with Hospitals
• Police Officer Recruitment and Retention: Actions
• Bond Rating Review
Major Projects:
ECONOMIC PROPERITY GOAL
• Riverfront Marina /Transient Boat Dock
• South Siegert Farm Industrial Park
ENVIRONMENTAL /ECOLOGICAL INTEGRITY GOAL
• Crescent Health Center 18th Street Building Renovation
PLANNED AND MANAGED GROWTH GOAL
• Water and Resource Recovery Center
10
Exhibit B Budget
OPENING DOORS
Consolidated Budget
Maria House /Teresa Shelter
Sept. 2013 -Aug.
2014
2010 -2011 budget Approved 8 -26 -2010
Revenue
Unrestricted Contributions
Attitude for Grattitude
Marching for Maria House
Bed Night Fundraiser
Religious Congregations
United Way
HUD Grant
H SOG Grant
County Funding
Grant Income
Interest Income
Program Fees
Empowerment Grant
FEMA
Capital Campaign
City of Dubuque
Total Revenue
Expenses
Salaries
Opening Doors Salaries
Volunteer Coordinator /Americorp
FICA/Medicare
State Unemployment
Employee Reimbursement
Simple IRA Plan
Total Salaries
$
Bene tts
Training and Seminars
Fringe Benefits- Stipend
Total Benefits $
11
179,717
72,120
15,455
77,280
15,500
34,041
42,221
32,500
12,000
60,100
4,100
12,000
0
1,700
100,000
15,000
673,734
360,948
9,776
30,596
11,474
656
6,993
420,443
6,775
38,604
45,379
Taxes and Insurance
5200 Insurance - Workers Compensation $ 7,693
5220 Insurance - Liability 2,001
5250 Insurance - Property & Contents 484
Insurance - Building (St.Mary's) 4,112
5260 Insurance - Auto 1,739
5240 Directors and Officers 1,470
5221 Insurance - Umbrella Policy 812
Employee Administrative Fee 541
5250 Insurance - TS Property 1,196
5230 Employee Bonding 327
Total Taxes and Insurance $ 20,373
Administrative
General Office Expense
Computer purchases and repairs
Postage & Shipping
Bank Service Charges
Newsletters /Printing/Stationary
Accounting/Auditing
Internet/E -Mail
Subscriptions
Permits & Licenses
Membership & Dues
Instructional Materials
Marketing/Advertising
Capital Campaign Expense
Equipment Repair
Total Administration
Ministry Services
Food
Activities
Assistance /Personal items
Executive Director Discretionary Fund
Pre - Employment Physicals /Drug
testing
Criminal Background Cks.
Goodwill /Volunteer
Total Ministry Services
12
6,556
3,825
1,617
1,956
10,982
15,495
1,639
168
219
1,038
142
9,288
30,596
328
83,849
2,950
2,076
1,366
1,311
738
164
874
9,479
Buildings and Grounds
House Supplies $ 2,950
Security 2,185
Repairs & Maintenance 3,278
Contract maintenanc & repair services 5,027
Lease expense - Maria House 0
Total Building & Grounds $ 13,441
Utilities
Telephone $ 5,267
Cellphone 852
Orkin 437
Orkin - MH 983
Water /Garbage- MH 2,623
Electric - MH 5,901
Gas - MH 10,818
Water /Garbage 1,858
Electricity 4,371
Gas 3,606
Cablevision 776
Total Utilities $ 37,491
Other Expenses
Depreciation $ 38,683
Interest Expense 2,356
Miscellaneous 219
Vehicle Expense 1,639
Board Development 382
Total Other Expenses $ 43,279
Total Expenditures $ 673,734
13
EXHIBIT C
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS
TABLE OF CONTENTS
GENERAL CONDITIONS 1
A. General Compliance 1
B. Independent Contractor 1
C. Hold Harmless 1
D. Workers' Compensation 1
E. Insurance and Bonding 1
F. Grantor Recognition 1
G. Amendments 1
H. Suspension or Termination 2
ADMINISTRATIVE REQUIREMENTS 2
A. Financial Management 2
1. Accounting Standards 2
2. Cost Principles 2
B. Documentation and Recordkeeping 2
1. Records to be Maintained 2
2. Retention 2
3. Client Data 3
4. Disclosure 3
5. Closeouts 3
6. Audits and Inspections. 3
C. Reporting and Payment Procedures 3
1. Program Income 3
2. Payment Procedures 3
3. Indirect Costs 4
4. Progress Reports 4
D. Procurement 4
1. Compliance 4
2. OMB Standards 4
3. Travel 4
E. Use and Reversion of Assets
III. RELOCATION, PROPERTY ACQUISITION AND ONE - FOR -ONE HOUSING REPLACEMENT.4
IV. PERSONNEL AND PARTICIPANT CONDITIONS 4
A. Civil Rights 4
1. Compliance 4
2. Nondiscrimination. 5
3. Land Covenants 5
4. Section 504 5
B. Affirmative Action 5
1. Approved Plan 5
2. Women- Minority Businesses (W /MBE) 5
3. Access to Records 6
4. Notifications 6
5. Equal Employment Opportunity and Affirmative Action (EEO /AA) Statement 6
6. Subcontract Provisions 6
C. Employment Restrictions 6
14
1. Prohibited Activity 6
2. Labor Standards 6
3. "Section 3" Clause 7
a. Compliance 7
b. Notifications 7
c. Subcontracts 8
Conduct 8
1. Assignability 8
2. Hatch Act 8
3. Conflict of Interest 8
4. Subcontracts 8
a. Approvals 8
b. Monitoring 8
Content 8
d. Selection Process 8
5. Lobbying 9
6. Copyright 9
7 Religious Organization 9
V. ENVIRONMENTAL CONDITIONS 9
A. Air and Water 9
B. Flood Disaster Protection 9
C. Lead Based Paint 10
D. Historic reservation ...................................................... ............................... 10
VI. SEVERABILITY 10
VII SECTION HEADINGS AND SUBHEADS. 10
VIIIWAIVER 10
IX ENTIRE AGREEMENT ........................................................... ............................... 10
15
EXHIBIT C
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS
GENERAL CONDITIONS
General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG) including subpart K of these regulations, except
that (1) the Subrecipient does not assume the recipient's environmental responsibilities described
in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for
initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient further
agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available. The Subrecipient agrees to comply with all applicable federal, state and local
laws and regulations governing the funds provided under this contract.
Independent Contractor
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer /employee between the parties. The
Subrecipient shall at all times remain an independent contractor with respect to the services to be
performed under this Agreement. The Recipient 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.
Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Recipient from any and all
claims, actions, suits, 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.
Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees
involved in the performance of this contract.
Insurance and Bonding
The Subrecipient shall maintain insurance to the extent and against such hazards and liabilities
as are in keeping with the current insurance program of Recipient.
The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31
and 84.48, Bonding and Insurance.
Grantor Recognition
The Subrecipient shall insure recognition of the role of the Recipient in providing services through
the agreement. All activities, facilities and items utilized pursuant to this contract shall be
prominently labeled as to funding source. In addition, the Subrecipient will include a reference to
the support provided herein in all publications made possible with funds available under this
contract.
G. Amendments
Recipient or subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of both organizations and approved by the Recipient's governing
body. Such amendments shall not invalidate this Agreement, nor relieve or release Recipient or
Subrecipient from its obligations under this Agreement.
Recipient may, in its discretion, amend this Agreement to conform with federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of, the
activities to be undertaken as part of this Agreement, such modifications will be incorporated only
by written amendment signed by both Recipient and Subrecipient.
1
Suspension or Termination
In accordance with 24 CFR 85.43, the Recipient may suspend or terminate this Agreement if the
Subrecipient materially fails to comply with any terms of this Agreement, which include (but are
not limited to) the following: 1) Failure to comply with any of the rules, regulations or provisions
referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies
or directives as may become applicable at any time; 2) Failure, for any reason, of the
Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3)
Ineffective or improper use of funds provided under this Agreement; or 4) Submission by the
Subrecipient to the Recipient reports that are incorrect or incomplete in any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by
either the Recipient 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. However, if in the case of a partial termination, the Recipient determines that the
remaining portion of the award will not accomplish the purpose for which the award was made,
the Recipient may terminate the award in its entirety.
II. ADMINISTRATIVE REQUIREMENTS
Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 24 CFR 84.21 -28 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circular A -122,
"Cost Principles for Nonprofit Organizations" or A -21, "Cost Principles for Educational
Institutions" as applicable. These principles shall be applied for all costs incurred whether
charged on a direct or indirect basis.
Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations specified in
24 CFR Part 570.506, that are pertinent to the activities to be funded under this
Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program'
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance,
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program, and
f. Financial records as required by 24 CFR Part 570.502, and 24 CFR 84.21 -28: and
g. Other records necessary to document compliance with Subpart K of 24 CFR 570.
Retention
The Subrecipient shall retain all financial records, supporting documents, statistical
records, and all other records pertinent to the Agreement for a period of four (4) years. The
retention period begins on the date of the submission of the Recipient's annual
performance and evaluation report to HUD in which the activities assisted under the
Agreement are reported on for the final time. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the records cited
and that have started before the expiration of the four -year period, then such records must
be retained until completion of the actions and resolution of all issues, or the expiration of
the four -year period, whichever occurs later.
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Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to client name, address, income level
or other basis for determining eligibility, and description of services provided. Such
information shall be made available to Recipient monitors or their designees for review
upon request.
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 Recipient's or Subrecipient's responsibilities with respect to services
provided under this contract, is prohibited by law unless written consent is obtained from
such person receiving service and, in the case of a minor, that of a responsible
parent /guardian.
Closeouts
Subrecipient obligation to the Recipient shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to,
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the Recipient), and determining the custodianship of records.
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.
Audits and Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be
made available to the Recipient, grantor agency, 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 30 days after receipt by the Subrecipient. Failure of the
Subrecipient to comply with the above audit requirements will constitute a violation of this
contract and may result in the withholding of future payments. The Subrecipient hereby
agrees to have an annual agency audit conducted in accordance with current Recipient
policy concerning subrecipient audits and OMB Circular A -133
Reporting and Payment Procedures
1. Program Income
The Subrecipient shall report quarterly all program income (as defined at 24 CFR
570.500(a)) generated by activities carried out with CDBG funds made available under this
contract. The use of program income by the Subrecipient shall comply with the
requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient
may use such income during the contract period for activities permitted under this contract
and shall reduce requests for additional funds by the amount of any such program income
balances on hand. All unexpended program income shall be returned to the Recipient at
the end of the contract period. Any interest earned on cash advances from the U.S.
Treasury and from funds held in a revolving fund account is not program income and shall
be remitted promptly to the Recipient.
Payment Procedures
The Recipient will pay to the Subrecipient funds available under this agreement based
upon information submitted by the Subrecipient and consistent with any approved budget
and Recipient policy concerning payments. With the exception of certain advances,
payments will be made for eligible expenses actually incurred by the Subrecipient, and not
to exceed actual cash requirements. Payments will be adjusted by the Recipient in
accordance with advance fund and program income balances available in Subrecipient
accounts. In addition, the Recipient reserves the right to liquidate funds available under
this contract for costs incurred by the Recipient on behalf of the Subrecipient.
Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan
for determining the appropriate Subrecipient's share of administrative costs and shall
submit such plan to the Recipient for approval, in a form specified by the Recipient.
Progress Reports
The Subrecipient shall submit quarterly Activity Progress Reports to the Recipient in the
form and content as required by the Recipient.
Procurement
1. Compliance
The Subrecipient shall comply with current Recipient policy concerning the purchase of
equipment and shall maintain inventory records of all nonexpendable 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 Recipient
upon termination of this Agreement.
OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all
materials, property, or services in accordance with the requirements of 24 CFR 84.40 -48.
Travel
The Subrecipient shall obtain written approval from the Recipient for any travel outside the
metropolitan area to be paid for with funds provided under this contract.
Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Recipient any CDBG funds on hand and any
accounts receivable attributable to the use of funds under this Agreement at the time of
expiration, cancellation, or termination.
2. Real property under the Subrecipient's control that was acquired or improved, in whole
or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one
of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after
expiration of this Agreement. If the Subrecipient fails to use CDBG- assisted real property
in a manner that meets a CDBG National Objective for the prescribed period of time, the
Subrecipient shall pay the Recipient an amount equal to the current fair market value of
the property less any portion of the value attributable to expenditures of non -CDBG funds
for acquisition of, or improvement to, the property. Such payment shall constitute program
income to the Recipient. The Subrecipient may retain real property acquired or improved
under this Agreement after the expiration of the five -year period.
3. In all cases in which equipment acquired, in whole or in part, with funds under this
Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to
that funds received under this Agreement were used to acquire the equipment). Equipment
not needed by the Subrecipient for activities under this Agreement shall be (a) transferred
to the Recipient for the CDBG program or (b) retained after compensating the Recipient
[an amount equal to the current fair market value of the equipment less the percentage of
non -CDBG funds used to acquire the equipment].
III. RELOCATION, PROPERTY ACQUISITION AND ONE - FOR -ONE HOUSING REPLACEMETN
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing
regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR
570.606(c) governing the Residential Anti - displacement and Relocation Assistance Plan
under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d)
governing optional relocation policies. The Subrecipient shall provide relocation
assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced
as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-
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assisted project. The Subrecipient also agrees to comply with applicable Recipient
ordinances, resolutions and policies concerning the displacement of persons from their
residences.
IV. PERSONNEL AND PARTICIPANT CONDITIONS
Civil Rights
1. Compliance
The Subrecipient agrees to comply all federal, state and local regulations in effect as of
the date of this Agreement as they apply to federally assisted programs and activities of
the Department of Housing and Urban Development and 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.
Nondiscrimination
The Subrecipient agrees to comply with the non - discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
570.607, as revised by Executive Order 13279. The applicable non - discrimination
provisions in Section 109 of the HCDA are still applicable.
3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L.
88 -352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of
land acquired, cleared or improved with assistance provided under this contract, 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 Recipient 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.
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 Recipient shall provide the Subrecipient with any
guidelines necessary for compliance with that portion of the regulations in force during the
term of this Agreement.
Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Recipient's
specifications an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. The Recipient shall provide
Affirmative Action guidelines to the Subrecipient to assist in the formulation of such
program. The Subrecipient shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds.
Women- 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 contract. As used in this contract, 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
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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.
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 Recipient, HUD or its agent, or other authorized
Federal officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
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 in
conspicuous places available to employees and applicants for employment.
Equal Employment Opportunity and Affirmative Action (EEO /AA) Statement
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 or Affirmative Action
employer.
Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X 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.
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.
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 its implementing regulations of
the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain
documentation that demonstrates compliance with hour and wage requirements of this
part. Such documentation shall be made available to the Recipient 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 Recipient 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.
"Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable
rules and orders issued hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this contract and
binding upon the Recipient, the Subrecipient and any of the Subrecipient's
subrecipients and subcontractors. Failure to fulfill these requirements shall subject
the Recipient, the Subrecipient and any of the Subrecipient's subrecipients and
subcontractors, their successors and assigns, to those sanctions specified by the
Agreement through which Federal assistance is provided. The Subrecipient certifies
and agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this
Agreement:
"The work to be performed under this Agreement is a project assisted
under a program providing direct Federal financial assistance from HUD
and is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701). Section 3
requires that to the greatest extent feasible opportunities for training and
employment be given to low- and very low- income residents of the project
area, and that contracts for work in connection with the project be awarded
to business concerns that provide economic opportunities for low- and
very low- income persons residing in the metropolitan area in which the
project is located."
The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction
and abatement of lead -based paint hazards), housing construction, or other public
construction project are given to low- and very low- income persons residing within
the metropolitan area in which the CDBG- funded project is located; where feasible,
priority should be given to low- and very low- income persons within the service area
of the project or the neighborhood in which the project is located, and to low- and
very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation (including reduction and
abatement of lead -based paint hazards), housing construction, or other public
construction project to business concerns that provide economic opportunities for
low- and very low- income persons residing within the metropolitan area in which the
CDBG- funded project is located; where feasible, priority should be given to
business concerns that provide economic opportunities to low- and very low- income
residents within the service area or the neighborhood in which the project is
located, and to low- and very low- income participants in other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or worker's
representative of its commitments under this Section 3 clause and shall post copies
of the notice in conspicuous places available to employees and applicants for
employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the
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subcontractor is in violation of regulations issued by the Recipient. The
Subrecipient will not subcontract with any entity where is has notice or knowledge
that the latter has been found in violation of regulations under 24 CFR 135 and will
not let any subcontract unless the entity has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this contract without the prior
written consent of the Recipient thereto; provided, however, that claims for money due or
to become due to the Subrecipient from the Recipient 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 Recipient.
Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this
contract, shall be in any way or to any extent engaged in the conduct of political activities
in violation of Chapter 15 of Title V United States Code.
Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which
include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged in the award
and administration of contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall participate in the selection, or
in the award, or 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 Recipient, the Subrecipient, or any designated
public agency.
Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or individual
in the performance of this contract without the written consent of the Recipient 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 of the provisions of this contract 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 insure 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
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all subcontracts shall be forwarded to the Recipient along with documentation
concerning the selection process.
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;
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.
Copyright
If this contract results in any copyrightable material or inventions, the Recipient and /or
grantor agency reserves the right to 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.
Religious Organization
The Subrecipient agrees that funds provided under this Agreement will not be utilized for
inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious
instruction, or proselytization.
V. ENVIRONMENTAL CONDITIONS
A. Air and Water
1. The Subrecipient agrees to comply with the following regulations insofar as they apply to
the performance of this contract:
2. Clean Air Act, 42 U.S.C., 7401, ET seq.
3. 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 hereunder.
4. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as
amended.
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
9
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).
Lead Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead Based Paint Regulations at
24 CFR 570.608, and 24 CFR Part 35 subpart B. Such regulations pertain to all CDBG assisted
housing and require that all owners, prospective owners, and tenants or properties constructed
prior to 1978 be properly notified that such properties may include lead based paint. Such
notification shall point out the hazards of lead based paint and explain the symptoms, treatment
and precautions that should be taken when dealing with lead based paint poisoning and the
advisability and availability of blood lead level screening for children under seven. The notice
should also point out that if lead -based paint is found on the property, abatement measures may
be undertaken. The regulations further require that, depending on the amount of Federal funds
applied to a property, paint testing, risk assessment, treatment and /or abatement may be
conducted.
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 contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal, state or local historic property list.
VI. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
VII. 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.
VIII. WAIVER
The Recipient'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 Recipient to
exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
IX. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Recipient 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 Recipient and the Subrecipient with respect to this Agreement.
NOTE: For the above sections, if the Subrecipient is a governmental or quasi - governmental agency, the
applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," and OMB Circular A -87 would apply.
F VUSERS\ATAUKEVCDBGACDBG Contracts VOpening Doors V14 Opening Doors - CDBG services agrmt doc
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