FY 2024-2026 CDBG Subrecipient Agreement - TBRA
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CITY OF GLENDALE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)
SUBRECIPIENT CONTRACT – NONPROFIT CORPORATIONS
PUBLIC SERVICES
FY 2024-2026
THIS SUBRECIPIENT CONTRACT (“Agreement”) is executed this _______ day of
__________________, 2024, by and between A New Leaf, Inc., an Arizona nonprofit corporation
(“Subrecipient”), and the City of Glendale, an Arizona municipal corporation (the “City”).
RECITALS
A.
City has entered into a grant agreement with the United States Department of Housing and
Urban Development (“HUD”) for financial assistance to conduct the Community
Development Block Grant (“CDBG”) pursuant to the Housing and Community
Development Act of 1974, as amended, and 24 C.F.R. Part 570, and the Rules and
Regulations of HUD governing the conduct of CDBG programs, found at Title 24 of the
Code of Federal Regulations (“CFR”), as amended, (the “Rules and Regulations”);
B.
As provided in the Rules and Regulations, City is authorized to contract by subgrant
agreement with public entities or private non-profit entities for qualified activities and
projects; and City desires to provide funding to assist Subrecipient in providing its Activity
through the distribution of HUD Community Development Block Grant Funds (“Funds”
or “Funding”).
C.
Subrecipient desires to conduct Activity in accordance with this Agreement that will
principally serve low and moderate-income persons within the community.
D.
City and Subrecipient agree that the Activity meets a priority need identified in the City’s
Five-Year Consolidated Plan and the Funds designated for the Activity constitute
reasonable and prudent assistance necessary for the completion of the Activity.
E.
City finds that a public purpose is served by the financial participation of the City and by
providing the Funding designated for Subrecipient.
AGREEMENT
In consideration of the mutual promises, payments, and other provisions hereof, City and
Subrecipient agree as follows:
1.
Subrecipient Activity.
1.1
Subrecipient will implement, operate, and/or complete – including providing all
necessary or reasonable labor, materials, services, supervision, tools, equipment,
licenses, and permits necessary to operate the Tenant-Based Rental Assistance
program (TBRA) (the “Activity”), which is further defined with specificity in
Exhibit A, Scope of Activity, in a manner satisfactory to the City and consistent
with any standards required as a condition of providing these Funds.
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1.2
City will provide technical assistance to Subrecipient in order for Subrecipient to
assure it complies at all times with applicable federal provisions governing the use
of CDBG Funds.
1.3
Activities funded by CDBG are limited to the eligible activities as defined in 24
C.F.R. Part 570.
1.4
The City will monitor the performance of the Subrecipient against goals and
estimates as outlined in the Scope of Activity. 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, contract
suspension or termination procedures may be initiated.
2.
Agreement Term. This Agreement is effective September 5, 2024, and will terminate on
September 5, 2026. This Agreement may be amended at any time during the grant term if
it is deemed by both parties to be advantageous to the mission of the grant program.
3.
Period of Performance. Subrecipient may provide goods and services included under this
Agreement from September 5, 2024, through September 5, 2026, (the “Period of
Performance”). The City will only reimburse properly documented and eligible expenses
incurred during this period.
4.
Funding Amount.
4.1
The City will fund the Subrecipient for the full performance of this Agreement and
the actual conduct of the Activity specified herein a total subgrant amount not to
exceed $186,275.07. This amount constitutes the entire consideration for the City’s
participation in the performance and completion of all work to be performed for
this Activity under this Agreement.
4.2
Funding under this Agreement will be made available in accordance with Exhibit
B, Billing and Reporting Information, in such amounts and incremental
distributions that are approved by the City for various phases of work. The City
shall reimburse the Subrecipient only for actual incurred costs upon the presentation
of properly documented reimbursement requests. Payments may be contingent
upon certification of the Subrecipient’s financial management system in accordance
with the standards specified in 24 C.F.R. 84.21 and 85.1 as cross referenced to 2
CFR part 200.
4.3
Subrecipient’s final request for financial assistance under this Agreement must be
submitted to the City within 15-days of the expiration or termination of this
Agreement.
4.4
Subrecipient must make a concerted, good-faith effort to expend the total funding
amount specified above within the Agreement Term stated in Section 2. The
Subrecipient’s costs and expenditures, however, shall not exceed the total funding
amount. The City shall not be liable for or reimburse the Subrecipient for any extra
costs or overruns on the Activity, or any additional funding in excess of the total
amount stated above.
4.5
Reversion of Funds. Subrecipient will return to the City, upon expiration or
termination of this Agreement, any CDBG funds that have not been expended, all
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Program Income, and any accounts receivable resulting from the use of CDBG
funds, including Program Income, within 30 days after the end of the Agreement
Term. Any funds held by the City at the end of the Agreement Term or refunded to
the City shall be reallocated by the City.
4.6
Commitment of Match. If required under the grant, the Subrecipient agrees to make
a match toward the Activity. CDBG does not currently have a match requirement.
4.7
Program Income.
a.
Any Program Income, as that term is defined by 24 C.F.R. § 570.500, that
is received by Subrecipient prior to grant close-out will be used to offset
payment due in an amount directly proportional to the prorated share of
CDBG Funds used as set forth in 24 C.F.R. § 570.504.
b.
Under this Agreement, “Program Income” refers solely to those funds
derived from Subrecipient provided by the City and includes, but is not
limited to, income received from the clients served for services performed
or materials purchased. Documentation supporting the amount of Program
Income received will be submitted with monthly billings.
5.
Availability of Funds.
5.1
The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for the purpose of compensating the Subrecipient, as
provided herein, are actually available to the City for disbursement.
5.2
If any action is taken by the federal government to suspend, decrease or terminate
its fiscal obligation under, or in connection with this Agreement, the City may
amend, suspend, decrease or terminate its obligations under or in connection with
this Agreement. In the event of termination, the City shall be liable for payment
only for services rendered prior to the effective date of the termination, provided
that such services performed are in accordance with the provisions of this
Agreement. The City shall give written notice of the effective date of any
suspension, amendment, or termination under this section. Notice shall be deemed
effective upon Subrecipient when received or three days after postmarked by mail
carrier, whichever is sooner.
6.
Subrecipient Warranties and Representation. The Subrecipient certifies:
6.1
Subrecipient is a duly organized non-profit corporation under the laws of Arizona.
Subrecipient maintains and will continue to maintain throughout the term of this
Agreement, a designation under state and federal law as tax-exempt, non-profit
corporation.
6.2
Subrecipient’s governing body has duly adopted or passed as an official act, a
resolution, motion, or similar action authorizing the person identified as the official
representative of the Subrecipient to execute this Agreement and to comply with
the terms of this Agreement.
6.3
That is possesses legal authority to execute this Agreement.
6.4
That it intends to provide the service for which funds are granted under this
Agreement for at least the Agreement term.
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6.5
Utilize normal and customary practices for the delivery of the Subrecipient Activity,
and provide a level of service that is consistent with the level of service for similar
activities administered by the Subrecipient exclusive of this Agreement as defined
by the Scope of Services attached in Exhibit A.
6.6
That the Activity assisted under this Agreement is designed to give maximum
feasible priority to activities that benefit low and moderate-income persons and
families as defined in Exhibit D. Subrecipient must follow HUD guidelines for
determining that persons and families meet the definition of low and moderate-
income.
6.7
That the Activity will be carried out and administered in compliance with all federal
laws and regulations as further described in Exhibit C. Subrecipient will comply
with all applicable laws and regulations.
6.8
The Subrecipient will supervise and direct the completion of all activities under this
Agreement. And will maintain a sufficient number of qualified and trained staff to
provide services under the contract. The subrecipient must notify the City of any
changes in key program staff assigned or their responsibilities under the activities
within 30 days of the change and are subject to the prior approval of the City.
6.9
Subrecipient is independent of the City in all respects and is not an agent of the City
and must not in any way represent itself as an agent of the City. The relationship of
City and Subrecipient under this Agreement shall be that of an independent
contractor status. Each party shall have the entire responsibility to discharge all the
obligations of an independent contractor under federal, state, and local law. Nothing
contained in this Agreement shall be construed to create the relationship between
City and Subrecipient of employer and employee, partners, or joint ventures. 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.
6.10
Subrecipient is not currently engaged in and agrees that for the duration of this
Agreement it will not engage in, a boycott of Israel, as that term is defined in A.R.S.
§35-393.
6.11
Subrecipient certifies that it does not currently, and during the term of this
Agreement, will not use: the forced labor of ethnic Uyghurs in the People’s
Republic of China; any goods or services produced by the forced labor of ethnic
Uyghurs in the People’s Republic of China; and any contractors, subcontractors or
suppliers that use the forced labor or any goods or services produced by the forced
labor of ethnic Uyghurs in the People’s Republic of China.
7.
Agency Warranties and Representation. Agency warrants and represents to the City
the following:
7.1
The Subrecipient will comply with the CDBG regulations as set forth in 24 C.F.R.
Part 570 and all applicable federal, state, and local laws, statutes, ordinances,
administrative rules, building codes, regulations and lawful orders of any public
authority bearing on the performance of the Activity pursuant to this Agreement;
including, but not limited to, 24 C.F.R. Part 5, 2 C.F.R. Part 200, and those identified
in Exhibit C Federal Laws and Regulations.
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7.2
Community Development Act of 1974.
a.
Subrecipient acknowledges that the funds being provided by the City for the
Activity are distributed pursuant to the Housing and Community
Development Act of 1974, as amended, and 24 CFR Part 570.
b.
Subrecipient’s use of the Act’s funds must be in accordance with the Act
and all regulations that apply to the use and handling of the Act’s funds by
the Subrecipient; and
c.
Subrecipient will comply with, and require all subcontractors paid with
funds provided by this Agreement to comply with, all of the applicable
provisions of the Housing and Community Development Act of 1974, as
amended, 24 CFR Part 570, and the Special Conditions for activities
assisted pursuant to Title I of the Community Development Act of 1974.
7.3
Single Audit Act Requirements. If Subrecipient receives federal funds that, in the
aggregate, equal or exceed the threshold identified in the Uniform Administrative
Requirements, the Subrecipient must have an annual single audit in compliance
with the Single Audit Act of 1984, as amended (Public Law No. 98-502 [codified
at 31 U.S.C. §§7501, et. Seq.]) Subrecipient shall comply with 2 C.F.R. Part 200,
Subpart F. Upon completion, such audits shall be made available for public
inspection. Audits shall be submitted to the City when completed, but no later than
nine months following the close of the fiscal year. Subrecipient shall take
corrective actions on any issues noted during the audit within six months of the date
of receipt of the reports. The City shall consider sanctions as described in 2 C.F.R.
§200.505 if the Subrecipient is not in compliance with these audit requirements. If
Subrecipient receives an audit other that a single audit, Subrecipient must file a
copy of the audit with the City upon request.
7.4
Conflicts of Interest. Both parties acknowledge that no member of the governing
body of the City or any employee of the City who exercises any functions or
responsibilities in connection with the carrying out of the Activity to which this
Agreement pertains has any personal interest direct or indirect in this Agreement.
7.5
Certifications. Subrecipient must execute the following certifications, which are
attached as Exhibit F:
a.
Policy of Nondiscrimination on the Basis of Disability.
b.
Anti-Lobbying, Section 319 of Public Law 101-121.
c.
Contracting with small and minority firms, women’s business enterprises
and labor surplus area firms.
d.
Drug-Free Workplace Act of 1988.
e.
Certification regarding debarment, suspension, ineligibility, and voluntary
exclusion of Lower Tier covered transactions.
7.6
Procurement. As applicable. Subrecipient will comply with the Federal
Procurement Code, and the City’s Procurement, mediation and right of refusal
requirements.
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7.7
Environmental Review. Prior to commitment of funds through contract or
agreement or other choice-limiting action, Subrecipient shall initiate a request and
ensure that the City will complete all environmental review requirements as
required by 24 C.F.R. Part 58. The Subrecipient will comply with all applicable
Federal, State and local environmental laws applicable to this activity, and will
work with the City to ensure compliance with these laws and related requirements.
8.
Cost Allowances.
8.1
The Subrecipient shall, upon written notice thereof, reimburse the City for any
payments made under this Agreement that are disallowed by a federal, State or City
audit or monitoring in the amount of the disallowance, as well as court costs and
attorney’s fees the City spends to pursue legal action related to the disallowance.
Court costs and attorney’s fees incurred will be specifically identified as applicable
to the recovery of the disallowed costs in question.
8.2
If the City determines that a cost for which payment has been made is a disallowed
cost, the City will notify the Subrecipient in writing of the disallowance and the
required course of action, which shall be at the option of the City, either to adjust
any future claim submitted by the Subrecipient by the amount of the disallowance
or to require immediate repayment of the disallowed amount by the Subrecipient
issuing a check payable to the City.
8.3
If the City determines that Subrecipient has failed to follow a federal or state law
relative to the activity provided under this Agreement, the City may, at its
discretion, require the Subrecipient to repay the entire amount of the Agreement;
except as otherwise noted in this agreement.
9.
Physical Improvements. The use and disposition of real property and equipment under
this Agreement shall be in compliance with the requirements of 24 C.F.R. Part 84, 24 C.F.R.
570.502-504, as applicable, which include but are not limited to the following:
9.1
Any physical improvements over $5,000 must be secured by a promissory note,
lien document, special warranty deed and deed of trust as specified in the Loan
Documents. In addition, a fixed assets listing must be maintained in accordance
with federal regulations for the full compliance period as described in Section 9.2.
Annual physical inventory must be conducted to ensure the property is still in
condition and use as required by the CDBG program.
9.2
Real property under the Subrecipient’s control that was acquired or improved in
whole or in part with CDBG funds must be used in accordance with the terms of
this Agreement and the HUD regulations for a period of ten years, or for such longer
period of time as determined to be appropriate by the City.
9.3
After expiration of the required use period, Subrecipient is free to use the real
property for another use without obligation to the City.
10.
Reporting.
10.1
Subrecipient will provide to the City not later than the 15th of each a month written
performance report of its activities related to the Activity.
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10.2
On or before August 1st of each year and within 15-days of the date of termination
of this Agreement, Subrecipient will provide to the City a comprehensive report
covering the agreed-upon objectives, activities, and expenditures for the fiscal year
ending June 30th..
10.3
Subrecipient will keep records of and report the following for all beneficiaries
served by the Activity during the Period of Performance:
a.
The ethnicity and racial background of all persons and families served by
the Activity; and
b.
The total number low and moderate-income persons, as these terms are
defined by federal income limits, served by the Activity, which are set forth
in their current form in Exhibit D; and
c.
The number of elderly and disabled persons served by the Activity; and
d.
Information about family size and the number of female heads of household
served by the Activity.
10.4
The Subrecipient’s obligations to the City shall not end until all close-out
requirements are completed. Activities during the close-out period shall include,
but are not limited to: making final payments, submittal and City approval of all
reimbursement documentation and reports, disposing of program assets (including
the return of all unused materials, equipment, unspent cash advances, program
income balances, and accounts receivable to the City), and determining
custodianship of records.
11.
Recordkeeping and Accounting.
11.1
The Subrecipient shall maintain accurate financial and service delivery records
pertinent to the Activity to be funded under this agreement. The Subrecipient’s
books, records and other documents related to this Agreement shall be sufficient to
support and document that allowable services were provided to eligible
participants. Records shall support that costs incurred were reasonable and
allocable to the Activity under this Agreement.
11.2
Accounting Standards. Subrecipient agrees to comply with 2 C.F.R. Part 200, as
applicable, and agrees to adhere to the accounting principles and procedures
required therein, utilize adequate internal controls, and maintain necessary
documentation for all costs incurred.
11.3
Retention. Subrecipient will retain all activity and related financial records
required by the Federal regulation 24 CFR 570.506 and pertinent to the activity
funded under this agreement for a period of six years after completion of the
Activity and satisfaction of grant requirements.
a.
Records of non-expendable property acquired with the CDBG funds, and
related records documenting the use of said property will be retained for six
years after final disposition of such property.
b.
Records for any displaced person must be kept for six years after receipt of
final payment.
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c.
Notwithstanding the above, if there is investigation, administrative action,
litigation, or similar actions involving the Activity, all existing records must
be maintained for one year after the final disposition of the matter or the
expiration of the required six-year retention period, whichever occurs later.
11.4
Access to Records. Subrecipient will provide the City, HUD and/or their
representatives access for purposes of monitoring, auditing, and examining
performance to all pertinent records, books, documents, and papers of the Activity
and Subrecipient’s performance or financial condition. Any deficiencies noted in
audit reports must be fully cleared by the Subrecipient within 30 days. 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
or recapture of previous payments. However, nothing herein will be construed to
require access to any privileged or confidential information in contravention of
federal or state law.
12.
Acknowledgement of the City’s Participation. Subrecipient will acknowledge the
contribution of the City’s CDBG Program in all published literature, brochures, activities,
fliers, on-site signage, etc., during the term of the Agreement.
13.
Nondiscrimination.
13.1
The Subrecipient must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital
status, sexual orientation, gender identity or expression, genetic characteristics,
familial status, U.S. military veteran status or any disability.
13.2
The Subrecipient must not discriminate against any client, applicant, or resident on
the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status,
U.S. military veteran status or any disability.
14.
Right to Refuse Assistance. In addition to the right to terminate this Agreement pursuant
to Section 26 of this Agreement, the City also reserves the right to refuse, terminate, or
suspend assistance or accounts to an individual, company, or Subrecipient, if the City
believes that conduct or actions violate applicable law, is harmful to the interests of the
City and its affiliates. Legal counsel will be consulted before such action is undertaken
unless an emergency exists.
15.
Safeguarding Participant Information. The use or disclosure by any Party of any
information concerning an applicant for, or recipient of, services under this Agreement is
directly limited to the conduct of this Agreement. Subrecipient shall safeguard the
confidentiality of this information. Subrecipient shall include a clause to this effect in all
subcontracts.
16.
E-Verify Records and Audits. To the extent applicable under A.R.S. §41-4401, the
Subrecipient warrants its compliance and that of its subcontractor with all federal
immigration laws and regulations that relate to their employees and compliance with the
E-Verify requirements under A.R.S. §23-214(A). The Subrecipient or subcontractor’s
breach of this warranty shall be deemed a material breach of the Agreement and may result
in the termination of the Agreement by the City under the terms of this Agreement. The
City retains the legal right to randomly inspect the papers and records of the other party to
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ensure that the other party is complying with the above-mentioned warranty. The
Subrecipient warrants to keep their respective papers and records open for random
inspection during normal business hours by the City. The Subrecipient shall cooperate with
the City’s random inspections, including granting the City entry rights onto their respective
properties to perform the random inspections and waiving their respective rights to keep
such papers and records confidential.
17.
Lobbying.
17.1
No federal appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or
employee of an 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 Agreement, the making of any federal grant, the entering into of an
Agreement, and the extension, continuation, renewal, amendment or modification
of any federal contract or grant.
17.2
If any funds, other than federal appropriated funds, have been 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 any federal contract or grant, the
Subrecipient shall complete OMB Form-LLL, “Disclosure of Lobbying Activities”
in accordance with 31 USC §1352.
18.
Religious Activities. The Subrecipient agrees that none of its costs and none of the costs
incurred by any vendor paid for from the federal funds will include any expense for any
religious activity; including, but not limited to, worship, religious instruction, or
proselytization.
19.
Political Activities. None of the funds, materials, property, or services contributed by the
City or the Subrecipient under this Agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public office.
20.
Indemnification and Hold Harmless.
20.1
Should Subrecipient perform any work knowing it to be contrary to the applicable
laws, ordinances, rules, or regulations it will assume full responsibility for the on-
going compliance and bear all costs, fees, or penalties resulting therefrom.
Subrecipient shall be solely responsible for all damages to persons or property that
occur as a result of negligence or fault of the Subrecipient in connection with the
performance of the Activity pursuant to this Agreement.
20.2
Subrecipient will indemnify, defend, and hold harmless the City, and its elected
officials, agents, and employees, hereinafter collectively referred to as City, from
all claims and suits, actions, loss, damage, expense, costs, or claims, of any
character or any nature, including attorneys’ fees and costs of litigation, which
arises out of any act or omission, or work done in fulfillment of the terms of this
Agreement or an account of any act, omission, claim or amount arising or recovered
under Workmen’s Compensation Law or arising out of the failure of the
Subrecipient or those acting under the Subrecipient to conform to any statutes,
ordinances, regulations, law, or court decree.
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20.3
It is the intent of the parties to this Agreement that the City, its elected officials,
agents, and employees will, in all instances, except for loss or damage resulting
from the sole negligence of the City, be indemnified against all liability, loss, or
damage of any nature whatever for or on account of any injuries to or death of
person or damages to or destruction of property belonging to any person arising out
of or in any way connected with the performance of this Agreement, regardless of
whether or not the liability, loss or damage is caused in part by, or alleged to be
caused in part by, but not solely, the negligence or fault of the City. It is agreed that
the Subrecipient will be responsible for primary loss investigation, defense, and
judgment costs where this Agreement of indemnity applies.
21.
Conflicting Provisions. If Subrecipient discovers that any of the Agreement documents
are in conflict with any laws, statutes, ordinances, rules, building codes, regulations or
lawful orders of a public authority, Subrecipient will promptly notify the City, in writing,
of such conflict, specifying any necessary changes to the Agreement documents or work to
eliminate the conflict.
22.
Insurance.
22.1
Subrecipient has provided evidence of insurance as Exhibit E, Insurance
Certificate. Subrecipient shall ensure that this insurance remains in effect for the
entire term of this Agreement. Subrecipient will submit a certificate demonstrating
insurance with the same or greater coverage limits has been renewed or otherwise
obtained if the policy or certificate appended as Exhibit E expires prior to the
conclusion of the term of this Agreement.
22.2
The City will be named in all insurance policies specifically relating to the Activity
as a named insured and as an additional named insured in all other required policies.
22.3
Required certificates of insurance must provide for a 30-day notice to the City prior
to the effectiveness of any cancellation, non-renewal, or material change.
22.4
Subrecipient shall comply with the insurance and bonding requirements of 24
C.F.R. 84.31 and 84.48, Bonding and Insurance.
23.
Amendments. This Agreement may be amended upon the consent of both parties. All
amendments to this Agreement shall be in writing, signed by authorized signers for both
parties. Amendments must be requested at least sixty (60) days prior to Agreement
expiration.
24.
Administrative Change Orders. Only revisions to the line items in the Subrecipient’s
budget that do not affect the overall funding amount, may be amended at the written request
of the Subrecipient. The Grant Administrator will review and make the final determination
on the requested changes within 30-days of receipt. Changes or revisions to the line items
in the Subrecipient budget that exceed the overall funding amounts are void and
disallowed.
25.
Assignment and Subcontracting. No right, liability, obligation, or duty under this
Agreement may be assigned, delegated, or subcontracted, in whole or in part, without the
prior written approval of the City. The Subrecipient shall bear all liability under this
Agreement, even if it is assigned, delegated or subcontracted, in whole or in part, unless
the City agrees, in writing, or otherwise.
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26.
Termination; Suspension.
26.1
In accordance with 24 C.F.R. §85.43, the City may suspend or terminate this
Agreement without providing notice and/or opportunity to cure, and take other
remedies legally available including a refund of previously tendered Funds, should
Subrecipient violate or fails to comply with any terms or conditions of this
Agreement, which include (but are not limited to) the following:
a.
Failure to comply with any of the rules, regulations or provisions referred
to herein, or such statutes, regulations, executive orders, and HUD
guidelines, policies or directives as may become applicable at any time;
b.
Failure, for any reason, of the Subrecipient to fulfill in a timely and proper
manner its obligations under this Agreement;
c.
Ineffective or improper use of funds provided under this Agreement; or
d.
Submission by the Subrecipient to the City reports that are incorrect or
incomplete in any material respect.
26.2
Notwithstanding this section, the City’s decision to waive or defer compliance with
any term or condition of the Subrecipient’s required performance under this
Agreement does not act, nor will it be deemed or interpreted to act as, a waiver or
deferment of the City’s right to terminate and to receive its refund based upon the
Subrecipient’s non-compliance with any term or condition of this Agreement or
subsequent non-compliance with the same term and condition.
26.3
The City or Subrecipient may terminate this Agreement for convenience without
cause upon a 30-day notice. The party initiating the termination will notify the other
party in writing stating the reasons for such termination.
26.4
In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by the Subrecipient under this Agreement shall, at the option of
the City, become the property of the City, and the Subrecipient shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents or materials prior to the termination.
26.5
The City many suspend this Agreement, in whole or in part, if the Subrecipient
materially fails to comply with any term of this Agreement, or with any of the rules,
regulations or provisions referred to herein.
26.6
This Agreement is subject to the provisions of A.R.S. §38-511 and may be canceled
without penalty or further obligation by the City if any person significantly
involved in initiating, negotiating, securing, drafting, or creating this Agreement on
behalf of the City is, at any time while this Agreement or any extension thereof is
in effect, an employee or agent of any other party to this Agreement in any capacity
or consultant to any other party of this Agreement with respect to the subject matter
of this Agreement.
27.
Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement,
or the breach thereof, shall be settled by arbitration administered according to the current
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American Arbitration Association’s Commercial Arbitration Rules, and judgment on the
award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
28.
General Provisions.
28.1
This Agreement supersedes any and all other Agreements or understandings, either
oral or in writing, between the parties hereto and contains all the covenants and
Agreements between the parties with respect to such employment in any manner
whatsoever.
28.2
Each party to this Agreement acknowledges that no representations, inducements,
promises or Agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied herein, and that no
other Agreement or amendment hereto will be effective unless executed in writing
and signed by both the City and Subrecipient.
28.3
Both parties acknowledge that no member of the governing body of the City or any
employee of the City who exercises any functions or responsibilities in connection
with the carrying out of the Activity to which this Agreement pertains has any
personal interest direct or indirect in this Agreement.
28.4
This Agreement will be governed by and construed in accordance with the laws of
the State of Arizona and all applicable federal laws and regulations.
28.5
The invalidity in whole or in part of any provision of this Agreement will not void
or affect the validity of any other provision of this Agreement.
28.6
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.
29.
Close-out. The Subrecipient’s obligation to the City shall not end until all close-out
requirements are completed per 2 CFR 200 Subpart D, 24 CFR 570.502 and 24 CFR
570.509. Activities during this close-out period shall include, but are not limited to: making
final payments, disposing of program assets (including the return of all unused materials,
real property, equipment, unspent cash advances, Program Income balances, and accounts
receivable to the City), submitting all reports and documentation, compliance with all
monitoring visits by the City, HUD or its designee, and determining the custodianship of
records. The terms of this Agreement shall remain in effect during any period that the
Subrecipient has control over CDBG funds, including Program Income, and until the close-
out activities and requirements are completed in IDIS. The City will send the subrecipient
a close-out letter once all close put requirements have been met.
30.
Notices. It is hereby agreed that subsequent to the execution of this Agreement, the
Community Revitalization Division of the City of Glendale will represent the City in the
administration of this Agreement. All notices required or permitted to be given under this
Agreement may be personally delivered or mailed by certified mail, return receipt
requested, postage prepaid, to the following addresses:
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To City:
City Manager
City of Glendale
5850 West Glendale Avenue
Glendale, Arizona 85301
With a copy to:
Community Revitalization
City of Glendale
5850 West Glendale Avenue
Glendale, Arizona 85301
City Attorney
City of Glendale
5850 West Glendale Avenue
Glendale, Arizona 85301
To Subrecipient: A New Leaf, Inc.
868 E. University Drive
Mesa, Arizona 85203-8033
30.
Exhibits. The following exhibits are incorporated by this reference:
a.
Exhibit A: Scope of Activity
b.
Exhibit B: Billing and Reporting Information
c.
Exhibit C: Federal Laws and Regulations
d.
Exhibit D: Income Limits
e.
Exhibit E: Insurance Certificate
f.
Exhibit F: Certifications
(Signatures appear on following page.)
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IN WITNESS WHEREOF, all parties concerned acknowledge that they have read, understand,
approve, and accept all of the provisions of this Agreement.
CITY OF GLENDALE, an Arizona
municipal corporation
____________________________________
By: Kevin R. Phelps
Its: City Manager
ATTEST:
____________________________________
Julie K. Bower
(SEAL)
City Clerk
APPROVED AS TO FORM:
____________________________________
Michael D. Bailey
City Attorney
A New Leaf, Inc.,
an Arizona non-profit corporation
By: _____________________________
Its: ________________________________
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EXHIBIT A
SCOPE OF ACTIVITY
PUBLIC SERVICES
FY 2024-2026
A.
Subrecipient Name. A New Leaf, Inc.
1.
Federal Tax ID No.: 86-0256667
2.
Unique Entity ID: MLZVKA7M2219
3.
CFDA No.: 14.218
B.
Activity Name. A New Leaf, Inc. (“Subrecipient”) will be responsible for administering
the TBRA program (“Activity”) in a manner satisfactory to the City of Glendale (“City”),
and consistent with any standards required by Community Development Block Grant
(“CDBG”) as a condition of providing these funds.
C.
Activity Description. New Leaf will provide housing-ready homeless individuals and
families with short- and medium-term rental housing vouchers to secure safe, decent and
sanitary housing, as well as utility and deposit assistance. To maximize long-term
household stability, A New Leaf staff will complete an individualized initial needs
assessment with each household and develop a strategy for long- term self-sufficiency.
These individual strategies will review each household's current and long-term financial
and housing needs and coordinate necessary case management services to achieve
self-sufficiency goals.
D.
Address/Specific Location of the Proposed Activity. Citywide
E.
Geographical Service Area of Activity. If the proposed activity does not provide benefit
on a “citywide” basis, provide address, census tract(s), block group(s), and zip code(s) of
the proposed activity service area. Citywide
F.
National Objectives. All activities funded with CDBG funds must meet one of the U.S.
Department of Housing & Urban Development (“HUD”) National Objectives:
NATIONAL OBJECTIVE #1 – To benefit low and moderate-income persons.
NATIONAL OBJECTIVE #2 – To aid in the prevention or elimination of slums or
blight.
NATIONAL OBJECTIVE #3 – To meet community development needs having a
particular urgency as defined in 24 C.F.R. § 570.208.
G.
Certifications. The Subrecipient certifies that the Activity carried out under the CDBG
Subrecipient Agreement (“Subrecipient Agreement”) will meet the National Objective by
providing: Case management services to homeless individuals and families to achieve self-
sufficiency goals on a limited clientele basis.
H.
Levels of Accomplishment-Goals and Performance Measures. The Subrecipient agrees
to provide the following services:
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I.
Client Eligibility.
For activities that fulfill the national objective of low-to-moderate income activities, HUD
national objective (24CFR 570.208), the Subrecipient must obtain and maintain client data
demonstrating client eligibility for services provided. Such data shall include, but not be
limited to, client name, address, household income level and all other basis for determining
eligibility. The income limitations are set by HUD annually.
1.
Client eligibility or limited clientele determination will be documented by: Client
eligibility or limited clientele determination will be documented by: households who are
currently homeless in Glendale or show a prior residence in Glendale. Residents must also
be 60% AMI.
2.
Client residency will be documented by: Self-certification through intake
application.
J.
Billing Information. CDBG funds will pay for: Administrative costs for case
management.
K.
Subrecipient Staff Contact Information.
Activity
Units of
Service
Service Type
(describe)
Unduplicated
City Residents/
Households
Served
Service
Type
(persons,
households,
youth, etc.)
Tenant-based
Rental
Assistance
1
Case Management
77
Persons
Application Point of Contact
Financial Point of Contact
Name: Larry Grubbs
Name: George DiFlavis
Title: Director of Government Grants and
Contracts
Title: Budgeting Director
Address: 868 E. University Drive
Address: 868 E. University Drive
City, State, Zip: Mesa, AZ 85203
City, State, Zip: Mesa, AZ 85203
Telephone No.: 480-637-1425
Telephone No.: 480-969-4024 x. 4033
Email: contracts@turnanewleaf.org
Email: gdiflavis@turnanewleaf.org
Program/Project Manager
CEO Point of Contact
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L.
Key Program Staff
At a minimum, the Subrecipient shall assign the following staff with the identified
responsibilities (“Key Program Staff”) to the identified activities:
Title/Name
Hours
Role
Need to Hire
Y or N
Rebecca Ramirez
2080 x 2 years
Housing Case
Manager
N
Angelique Pizana
2080 x 2 years
Housing Case
Manager
N
M.
Estimated Activity Timeline.
Task
Completion Date
Complete Environmental Review
09/05/2024
Identify/Qualify Client
Ongoing
Initiate Activity
September 5, 2024
Provide Services
September 5, 2024 - September 5,
2026
50% of program activity completed
September 5, 2025
Submit Monthly Reimbursements &
Performance Reports
15th of each month
Final Closeout and Reporting
September 5, 2026
Name: Michelle Boyle
Name: Michael Hughes
Title: Program Director
Title: CEO
Address: 868 E. University Drive
Address: 868 E. University Drive
City, State, Zip: Mesa, AZ 85203
City, State, Zip: Mesa, AZ 85203
Telephone No.: 480-964-0683 (4702)
Telephone No.: 480-969-4024
Email: mboyle@turnanewleaf.org
Email: mhughes@turnanewleaf.org
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N. Budget
Agency: A New Leaf, Inc.
Community Development Block Grant
Total Project Budget FY 2024-2026
Line Item
Description
City of
Glendale
Amount
Amount
Leveraged
with Other
Funds
Total
Allocation
Source of Leveraged
Funds
Salaries
$129,394.00
$40,675.12
$170,069.12
Private Grants and
Donations
ERE
$29,114.00
$9,152.11
$38,266.11
Private Grants and
Donations
Staff Mileage
$9,259.97
$11,192.91
$20,452.88
Private Grants and
Donations
Telephone
$1,573.00
$2,389.28
$3,962.28
Private Grants and
Donations
Occupancy
$53.73
$53.73
Private Grants and
Donations
Equipment
$860.91
$860.91
Private Grants and
Donations
Program Supplies
$591.77
$591.77
Private Grants and
Donations
Other
Supplies/Postage
$462.62
$462.62
Private Grants and
Donations
Other Program
Costs
$5,588.06
$5,588.06
Private Grants and
Donations
Client Expenses
$2,682,843.71
$2,682,843.71
Glendale HOME
Funds
Professional Costs
$15,648.16
$15,648.16
Private Grants and
Donations
Indirect Costs
$16,934.10
$24,453.10
$41,387.20
Total
$186,275.07
$2,793,911.48
$ 2,980,186.55
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EXHIBIT B
BILLING AND REPORTING INFORMATION
FY 2024-2026
A New Leaf, Inc. (“Subrecipient”) will be responsible for billing costs incurred and results
achieved under the TBRA program (“Activity”) consistent with any standards required by
Community Development Block Grant Program (“CDBG”) regulations as a condition of
providing these funds.
1.
Monthly Billings. Subrecipient will complete monthly billings in accordance with the
following requirements:
1.1
A letter requesting reimbursement of expenditures will be prepared on the
Subrecipient’s letterhead. The Subrecipient will use the content and format of the
letter prescribed by the City. This letter will be reviewed and signed by the
Subrecipient’s executive director (or other authorized signatory identified in this
Agreement). Reimbursement requests will be submitted on a MONTHLY basis.
(Note: City may approve exceptions for quarterly billings on a case-by-case basis.
Subrecipient will submit a written request and justification to support the need to
bill quarterly instead of monthly).
1.2
The Activity Budget spreadsheet summarizing monthly and year-to-date expenses
will be prepared and submitted with each request for reimbursement. This report
will also account for other resources utilized under this activity. The City will not
reimburse the Subrecipient without current and complete reporting submittals from
the Subrecipient.
1.3
Copies of all supporting documents must be submitted with the reimbursement
request. The Subrecipient will work closely with the activity liaison to establish the
specific documentation requirements for this Agreement. Examples of supporting
documentation, include copies of timesheets, pay stubs, mileage reports, invoices,
statements, receipts, etc.
1.4
The City’s reimbursement process may take up to 30-days to complete upon
acceptance by the City of all required documentation. If the reimbursement
procedures noted above are not followed correctly, the activity liaison may return
the reimbursement request to the Subrecipient for revisions or hold the request until
all reimbursement requirements have been met. This will delay the reimbursement
process.
2.
Monthly Report on Accomplishments and Demographics.
2.1
A monthly demographic report on Glendale residents served, including
accomplishments and units of service delivered, will be submitted by the 15th of
the following month. Failure to file this demographic report timely will delay the
reimbursement process.
2.2
The City will provide the Subrecipient with the specific formats to be used for
reimbursement requests/performance reports. These formats will be used by the
Subrecipient unless otherwise authorized.
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3.
Activity Final Completion Report.
3.1
Public Service Activities: Report On “Performance Measures” for Actual Activity
“Outcomes.” The report on “Performance Measures for Actual Activity Outcomes,”
is due by expiration of the Agreement Term provided in Section 2 of this
Agreement. This report will identify the “actual outcomes” produced by the
Subrecipient under this activity during the Period of Performance identified in
Section 3 of this Agreement. “Actual outcomes” will be measured by and against
the “proposed outcomes and performance measures” that were established by the
Subrecipient at the beginning of the program year.
3.2
Physical Improvement Activities: Report On “Performance Measures” for Actual
Activity “Outcomes.” The report on “Performance Measures for Actual Activity
Outcomes,” is due 30 days after completion of the physical improvement activity.
This report is to identify the “actual outcomes” produced by your activity after
completion of the physical improvement activity. “Actual Outcomes” will be
measured by and against the “proposed outcomes and performance measures” that
were established by your agency at the beginning of the program year.
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EXHIBIT C
FEDERAL LAWS AND REGULATIONS
FY 2024-2026
1.
Applicability of Uniform Administrative Requirements. The parties will comply with
all administrative requirements, cost principles, and audit requirements as provided in 2
C.F.R. Part 200 in compliance with the Final Guidance issued by U.S. Department of
Housing and Urban Development on Feb. 26, 2015 (Notice: SD-2015-01).
2.
Equal Opportunity.
2.1
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
(P.L. 88-352) and the HUD regulations under 24 C.F.R. Part 1, which provides that
no person in the United States will, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any activity receiving Federal financial assistance
by way of grant, loan, or Agreement and will immediately take any measures
necessary to effectuate this Agreement. If any real property or structure thereof is
provided or improved with the aid of Federal financial assistance extended to the
Subrecipient, this assurance will obligate the Subrecipient, or in the case of any
transfer of such property or structure is used for a purpose of which the Federal
financial assistance is extended or for another purpose involving the provision of
similar services or benefits.
2.2
The Subrecipient agrees to comply with Title VIII of the Civil Rights Act of 1968
(P.L. 90-284), as amended by the Fair Housing Amendments Act of 1988 (P.L.
100-430) and will administer all activities relating to housing and community
development in a manner to affirmatively further fair housing within Constitutional
limitations throughout the United States.
2.3
The Subrecipient agrees to comply with Section 109 of the Housing and
Community Development Act of 1974 and 1977, as amended, and in conformance
with all requirements imposed pursuant to the regulations of the Department of
HUD (24 C.F.R. Part 570.602) issued pursuant to that Section; and in accordance
with Equal Opportunity obligations of that Section, no person in the United States
will, on the grounds of race, color, national origin, or sex, be excluded from
participation in, be denied the benefits of, be subjected to discrimination under, any
activity funded in whole or in part with the Community Development funds.
Section 109 of the Act further provides that any prohibition against discrimination
on the basis of age, under the Age Discrimination Act of 1975 (24 C.F.R. Part 146),
or with respect to an otherwise qualified handicapped person, as provided in Section
504 of the Rehabilitation Act of 1973 (24 C.F.R. Part 8), will also apply to any
activity funded in whole or in part with funds made available pursuant to the Act.
2.4
The Subrecipient agrees to comply with Executive Order 11063 on equal
opportunity in housing and related facilities owned or operated by the Federal
Government or provided with Federal financial assistance.
2.5
The Subrecipient agrees to comply with Executive Order 11246, as amended,
requiring nondiscrimination and affirmative action to ensure nondiscrimination in
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employment by government contractors and subcontractors and under federally
assisted construction contractors.
2.6
The Subrecipient agrees to comply with Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u), as amended, the HUD regulations
issued pursuant thereto (24 C.F.R. Part 135) as follows:
a.
The work to be performed under this Agreement is on a project assisted
under a activity providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701u); Section 3 requires that to the greatest
extent feasible, opportunities for training and employment be given to lower
income residents of the project area and agreements for work in connection
with the project be awarded to business concerns that are located in or
owned in substantial part by persons residing in the area of the project.
b.
The parties to this Agreement will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary of
Housing and Urban Development set forth in 24 C.F.R. Part 135, and all
applicable rules and orders of the Department issued there under prior to the
execution of this Agreement. The parties to this Agreement certify and
agree that they are under no contractual or other disability that would
prevent them from complying with these requirements.
c.
The Subrecipient will send to each labor organization or representative or
workers, with which there is a collective bargaining agreement or other
agreement or understanding, if any, a notice advertising the said labor
organization or workers' representative of the commitments under this
Section 3 clause and will post copies of the notice in conspicuous places
available to employees and applicants for employment or training.
d.
The Subrecipient will include this Section 3 clause to every subcontract for
work in connection with the project and will take appropriate action
pursuant to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the Secretary of Housing and Urban
Development, 24 C.F.R. Part 135. The contractor will not subcontract with
any subcontractor where it has notice or knowledge that the latter has been
found in violation of regulations under 24 C.F.R. Part 135 and will not let
any subcontract unless the subcontractor has first provided it with a
preliminary statement of ability to comply with the requirements of these
regulations.
e.
Compliance with the provisions of Section 3, the regulations set forth in 24
C.F.R. Part 135, and all applicable rules and orders of the Department issued
there under prior to the execution of this Agreement, will be a condition of
the Federal financial assistance provided to the project.
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3.
Nondiscrimination in Federally Assisted Programs of the Department of Housing and
Urban Development-Effectuation of Title VI of the Civil Rights Act of 1964.
3.1
The Subrecipient shall, as a recipient of HUD financial assistance, take reasonable
steps to provide meaningful access to Limited English Proficiency (LEP) persons.
This requirement shall extend to the Subrecipient’s entire activity regardless of how
much HUD assistance is received.
3.2
In order to determine what reasonable steps must be taken to provide meaningful
access to LEP persons, the Subrecipient should apply HUD’s four-factor analysis:
a.
Identify the number or proportion of LEP persons eligible to be served or
likely to be encountered by the activity or Subrecipient.
b.
Identify the frequency with which LEP persons come in contact with the
activity.
c.
Consider the nature and importance of the activity or service provided by
the activity to people’s lives.
d.
Identify the resources available to the Subrecipient and the costs associated
with providing meaningful access to LEP persons.
3.3
The Subrecipient must determine what language assistance measures are sufficient
for the activity funded with HUD funds. The Subrecipient shall have flexibility in
addressing the needs of the LEP persons served; however, this flexibility cannot be
used to minimize the obligation that the needs be addressed. The Subrecipient is
not required to take measures that would be a cost burden or cost prohibitive to the
Subrecipient.
3.4
Efforts to take reasonable steps to provide meaningful access to LEP persons must
be documented in the Subrecipient’s records and be made available upon request.
4.
Section 504. The Subrecipient agrees to comply with any federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, which prohibits
discrimination against the handicapped in any federally assisted program.
5.
Subcontracting. All work or services covered by this Agreement, which is subcontracted
by the Subrecipient will be specified by written Agreement and subject to all provisions of
this Agreement. All subcontracts must be approved by the City prior to execution.
6.
Interest of Certain Federal Officials. No member of or delegate to the Congress of the
United States shall be admitted to any share or part of this Agreement or to any benefit to
arise from the same.
7.
Interest of Members, Officers, or Employees of the Subrecipient, Members of Local
Governing Body, or Other Public Officials. No member, officer, or employee of the
Subrecipient or its designees or agents, no member of the governing body of the locality in
which the activity is situated, and no other public official of such locality or localities who
exercises any functions or responsibilities with respect to the activity during his or her
tenure or for one year thereafter, will have any interest, direct or indirect, in any Agreement
or subcontract, or the proceeds thereof, for work to be performed in connection with the
activity assisted under this Agreement.
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8.
Lobbying. Funds provided under this Agreement shall not be used for publicity or
propaganda purposes designed to support or defeat legislation proposed by federal, state,
or local governments.
9.
Hatch Act. The Subrecipient agrees to comply with all provisions of the Hatch Act and
that no part of the activity will involve political activities, nor will personnel employed in
the administration of the activity be engaged in activities in contravention of Title V,
Chapter 15, of the United States Code.
10.
Labor Standards Provisions.
10.1
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 Agreement
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 C.F.R. 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 Grantee for review upon request.
10.2
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 Agreements in excess of $2,000.00 for construction,
renovation or repair work financed in whole or in part with assistance provided
under this Agreement, shall comply with federal requirements adopted by the City
pertaining to such Agreements and with the applicable requirements of the
regulations of the Department of Labor, under 29 C.F.R. Parts 1,3,5 and 7 governing
the payment of wages and ration 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 laws 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 Agreements
subject to such regulations, provisions meeting the requirement of this paragraph.
11.
Compliance with Environmental Requirements. The Subrecipient agrees to comply
with any conditions resulting from the City's compliance with the provisions of the
National Environmental Policy Act of 1969 and the other provisions of law specified at 24
CFR §58.5 insofar as the provisions of such Act apply to activities set forth in the Scope
of Activity.
12.
Compliance with Flood Disaster Protection Act.
12.1 This Agreement is subject to the requirements of the Flood Disaster Protection Act
of 1973 (P.L. 93-234). No portion of the assistance provided under this Agreement
is approved for acquisition or construction purposes as defined under Section 3(a)
of said Act, for use in any area identified by the Secretary as having special flood
hazards, which is located in a community not then in compliance with the
requirements for participation in the national flood insurance program pursuant to
Section 201(d) of said Act; and the use of any assistance provided under this
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Agreement for such acquisition or construction in such identified areas in
communities then participating in the National Flood Insurance Program will be
subject to the mandatory purchase of flood insurance requirements of Section
102(a) of said Act.
12.2 Any contract or agreement for the sale, lease, or other transfer of land acquired,
cleared, or improved with assistance provided under this Agreement shall contain,
if such land is located in an area identified by the Secretary as having special flood
hazards and in which the sale of flood insurance has been made available under the
National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq.,
provisions obligating the transferee and its successors or assigns to obtain and
maintain, during the ownership of such land, such flood insurance required with
respect to financial assistance for acquisition or construction purposes under
Section 102(2) of Flood Disaster Protection Act of 1973. Such provisions will be
required notwithstanding the fact that the construction of such land is not itself
funded with assistance under this Agreement.
13.
Compliance with Environmental Laws.
13.1
This Agreement is subject to the requirements of the Clean Air Act, as amended, 42
U.S.C. 1857 et seq.; the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq.; and the regulations of the Environmental Protection Agency
with respect thereto, at 40 C.F.R. Part 15, as amended from time to time.
13.2
In compliance with said regulations, the City will cause or require to be inserted in
full in all Agreements and subcontracts with respect to any nonexempt transaction
thereunder funded with assistance provided under this Agreement, the following
requirements:
a.
A stipulation by the Subrecipient and subcontractor(s) that any facility to be
utilized in the performance of any nonexempt Agreement or subcontract is
not listed on the list of Violating Facilities issued by the Environmental
Protection Agency (EPA) pursuant to 40 C.F.R. §15.20.
b.
Agreement by the Subrecipient and subcontractor(s) to comply with all the
requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C.
1857c-8), and Section 308 of the Federal Water Pollution Control Act, as
amended, (33 U.S.C. 1318) relating to inspection, monitoring, entry,
reports, and information, as well as all other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued
thereunder.
c.
A stipulation that as a condition for the award of the Agreement, prompt
notice will be given of any notification received from the Director, Office
of Federal Activities EPA, indicating that a facility utilized or to be utilized
for the Agreement is under consideration to be listed on the EPA list of
Violating Facilities.
d.
Agreement by the Subrecipient that it will include or cause to be included
the criteria and requirements in paragraphs (a) through (d) of this section in
every nonexempt subcontract and requiring the Subrecipient to take such
action as the Government may direct as means of enforcing such provisions.
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e.
In no event will any amount of the assistance provided under this Agreement
be utilized with respect to a facility that has given rise to a conviction under
Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal
Water Pollution Control Act.
13.3
The Resource Conservation and Recovery Act. Subrecipient will comply with the
Resource Conservation and Recovery Act (“RCRA”), including, but not limited
to, 42 U.S.C. § 6962, which requires preference be given in procurement programs
to the purchase of specific products containing recycled materials identified in
guidelines developed by the Environmental Protection Agency (“EPA”) (40 C.F.R.
Parts 247 through 254).
13.4
The Toxic Substances Control Act. The Subrecipient will comply with the Toxic
Substances Control Act (“TSCA”), 15 U.S.C. §2601 et seq.
13.5
The Federal Insecticide, Fungicide and Rodenticide Act. The Subrecipient will
comply with the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), 7
U.S.C. §136 et seq.
13.6
Subrecipient will comply with all other applicable federal and state environmental
laws and regulations, including, but not limited to, §6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act
(“RCRA”) (Pub. L. 94-580, 42 U.S.C. §6962). Section 6962 requires that
preference be given in procurement programs to the purchase of specific products
containing recycled materials identified in guidelines developed by the
Environmental Protection Agency (“EPA”) (40 C.F.R. Parts 247 through 254).
Accordingly, state and local institutions of higher education, hospitals, commercial
organizations and international organizations when operating domestically, and
non-profit organizations that receive direct Federal awards or other Federal funds
will give preference in their procurement programs funded with Federal funds to
the purchase of recycled products pursuant to the EPA guidelines.
14.
Historic Preservation. This Agreement is subject to the requirements of P.L. 89-665, the
Archaeological and Historic Preservation Act of 1974 (P.L. 93-291), Executive Order
11593, and the procedures prescribed by the Advisory Council on Historic Preservation in
36 C.F.R. Part 800. The City must take into account the effect of a project on any district,
site, building, structure, or object listed in or found by the Secretary of the Interior, pursuant
to 35 C.F.R .Part 800, to be eligible for inclusion in the National Register of Historic Places,
maintained by the National Park Service of the U. S. Department of the Interior, and must
make every effort to eliminate or minimize any adverse effect on a historic property
15.
Historic Barriers. This Agreement is subject to the requirements of the Architectural
Barriers Act of 1968 (42 U.S.C. 4151) and its regulations. Every building or facility (other
than a privately-owned residential structure) designed, constructed, or altered with CDBG
funds must comply with requirements of the "American Standards Specifications for
Making Buildings and Facilities Accessible to, and Usable by, the Physically
Handicapped.”
16.
Lead-Based Paint. This Agreement is subject to the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4821 et seq.), and Lead-Based Paint Regulations (24 C.F.R. Part
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35 and 24 C.F.R. §570.608 and/or 92.335), and related amendments thereto. The use of
lead-based paint is prohibited whenever federal funds are used directly or indirectly for the
construction, rehabilitation, or modernization of residential structures. All federally
assisted residential structures and related property constructed prior to 1978 will comply
with existing and new Lead-Based Paint Hazard Reduction Requirements, effective
September 15, 2000. As the Grantor, the City of Glendale shall be consulted regarding the
Subrecipient/Grantee's compliance status.
17.
Acquisition/Relocation. This Agreement is subject to providing a certification that it will
comply with the acquisition and relocation requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, implementing
regulations at 49 C.F.R. Part 24, and 24 C.F.R. Part 511.14, which govern the acquisition
of real property for the project and provision of relocation assistance to persons displaced
as a direct result of acquisition, rehabilitation, or demolition for the project.
18.
Property Disposition. Real or personal property purchased in whole or in part with CDBG
funds shall not be disposed through sale, use, or location without the written permission of
the City and/or HUD as applicable. The proceeds from the disposition of real property will
be considered Program Income and subject to 24 CFR §570.504(c).
19.
Debarment, Suspension, Ineligibility and Voluntary Exclusion.
19.1
In order to participate in this Agreement, the Subrecipient must certify that it and/or
its owners/officers have not been debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by a federal
department or agency.
19.2
The Subrecipient, shall include without modification the Certification language,
entitled “Certification Regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion – Lower Tier Covered Transactions” with all subgrantees or
other contractors; in all lower tier covered transactions and in all solicitations for
lower tier covered transactions in accordance with 45 C.F.R. part 76.
19.3
If the Subrecipient is unable to comply with this requirement, an explanation shall
be immediately provided to the City in accordance with paragraph 30 of this
Agreement.
20.
Federal Fire Prevention and Control Act of 1992. The Fire Administration
Authorization Act of 1992 added a new Section 31 to the Federal Fire Prevention and
Control Act of 1974. This Section requires that approved smoke detectors be installed in
all houses assisted under the CDBG Program. To comply with this requirement and locally
adopted codes Subrecipient shall install smoke detectors in all sleeping areas and any
hallway connecting these sleeping areas.
21.
Build America, Buy America (BABA). BABA requires all the iron and steel,
manufactured products, and construction materials used in the project to be produced in
the United States. If applicable, the Subrecipient or contract represents and warrants that;
(a) they have reviewed and understand the BABA (b) all of the iron and steel, manufactured
products, and construction materials used in the project will be and/or have been produced
in the United States in a manner that complies with the BABA requirements, unless a
waiver of the requirements is approved, and (c) the Subrecipient or contractor will provide
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any further verified information, certification or assurance of compliance with this
paragraph, or information necessary to support a waiver of the BABA requirements, as may
be requested. Notwithstanding any other provision of this Agreement, any failure to comply
with this paragraph by the Subrecipient or contractor shall permit the City to recover any
damages against the Subrecipient or contractor for any loss, expense, or cost (including
without limitation attorney’s fees) incurred resulting from any such failure.
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EXHIBIT D
INCOME LIMITS
FY 2024-2026
1.
Subrecipient shall utilize and abide by the income limits determined by the U. S.
Department of Housing and Urban Development (HUD). Such limits are updated annually.
2.
The income limits below are effective at the time of execution of this agreement. However,
the City will provide and Subrecipient will utilize the most recent income limits provided
by HUD when determining client eligibility under this Agreement.
3.
To the Extent feasible, the Subrecipient should utilize the HUD income calculator when
determine whether a client meets the definition of low- or moderate-income in accordance
with the HUD regulations.
CDBG PROGRAM INCOME LIMITS
2024-2025 Program Income Limits
Household Income Limits/Annual Gross Wages
(Effective Date per HUD May 1, 2024)
Please note that the CPD Income Eligibility Calculator should be used when qualifying an applicant.
If it is not used, you must be able to provide evidence of how you calculated the applicant’s income.
https://www.hudexchange.info/incomecalculator/
Household
Size
Median
Income
($)
30% of
Median
Income ($)
50% of
Median
Income ($)
60% of
Median
Income ($)
80% of
Median
Income ($)
1 Person
101,300
21,600
36,000
43,200
57,600
2 Persons
24,700
41,100
49,320
65,800
3 Persons
27,800
46,300
55,560
74,050
4 Persons
30,850
51,400
61,680
82,250
5 Persons
33,350
55,550
66,660
88,850
6 Persons
35,800
59,650
71,580
95,450
7 Persons
38,300
63,750
76,500
102,000
8 Persons
40,750
67,850
81,420
108,600
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EXHIBIT E
INSURANCE CERTIFICATE
FY 2024-2026
The Certificate of Insurance will contain the following information:
Item One:
A.
Commercial General Liability coverage with limits not less than $1 million per
occurrence, $100,000 for property damage liability, and $2 million aggregate.
B.
Unless a sole proprietorship or single Member Limited Liability Company,
Subrecipient shall carry Arizona Statutory Workers Compensation and Employers’
Liability coverage.
Item Two:
City of Glendale will be named Certificate Holder.
Item Three: City of Glendale will be named as “additional insured.”
Item Four: The Certificate of Insurance will provide a 30-day notice to the City for
cancellation, non-renewal, or material change and must be an “occurrence,” not a
“claims made” policy.
Item Five:
General Requirement for the Insuring Company:
A.
The insurance company underwriting the policy will have a Best Rating of B++ or
better. Please request that your insurance provider supply some form of verification
of the best rating of B++ or better.
B.
The insurance company underwriting the policy will be licensed in the State of
Arizona.
C.
If the Certificate of Insurance contains a section page which notes: “Important, if
the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be
endorsed. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).” Insurance Certificates containing this
clause will not be accepted without an “endorsement” stating, “the City of
Glendale is included as an ‘additional insured’ on the policy.”
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EXHIBIT F
CERTIFICATIONS
FY 2024-2026
Subrecipient will certify its intent to abide by the following laws and regulations, as required by
HUD:
1.
Policy of Nondiscrimination on the Basis of Disability.
2.
Section 319 of Public Law 101-121.
3.
Contracting with Small and Minority Firms, Women’s Business Enterprises and Labor
Surplus Area Firms.
4.
Drug-Free Workplace.
5.
Certification regarding debarment, suspension, ineligibility, and voluntary exclusion-
lower tier covered transactions.
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POLICY OF NONDISCRIMINATION ON THE
BASIS OF DISABILITY
FY 2024-2026
The undersigned representative agrees on behalf of Subrecipient, to have or adopt a Policy of
Nondiscrimination on the Basis of Disability. Such Policy will state that the Subrecipient does
not discriminate on the basis of disabled status in the admission or access to, or treatment or
employment in, its federally assisted activities.
_______________________________________
____________________________________
Signature
Date
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SECTION 319 OF PUBLIC LAW 101-121
FY 2024-2026
The Subrecipient certifies, to the best of its knowledge and belief, that:
1.
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, 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
Agreement, 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.
2.
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,
the undersigned will complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3.
The undersigned will require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts
under grants, loans, and cooperative agreements), and that all agencies will certify and
disclose accordingly.
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 31 U.S.C. § 1352. Any person who fails to file the
required certification will be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
_______________________________________
____________________________________
Signature
Date
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CONTRACTING WITH SMALL AND MINORITY FIRMS,
WOMEN’S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS
FY 2024-2026
1.
It is a national policy to award a fair share of contracts to small and minority business firms.
Accordingly, affirmative steps must be taken to assure that small and minority businesses
are utilized when possible as sources of supplies, equipment, construction, and services.
Affirmative steps will include the following:
1.1
Qualified small and minority businesses on solicitation lists.
1.2
Assuring that small and minority businesses are solicited whenever they are
potential sources, and to the greatest extent possible that these businesses are
located within the metropolitan area.
1.3
When economically feasible, dividing total requirements into smaller tasks or
quantities so as to permit maximum small and minority business participation.
1.4
Where the requirement permits, establish delivery schedules which will encourage
participation by small minority businesses.
1.5
Using the services and assistance of the Small Business Administration, and the
Office of Minority Business Enterprises of the Department of Commerce and the
Community Services Administration as required.
1.6
If any subcontracts are to be let, requiring the prime contractor to take the
affirmative steps in §§ 1.1 through 1.5. Grantees will take similar appropriate action
in support of women's enterprises.
1.7
To the greatest extent feasible, opportunities for training and employment will be
given to low and moderate-income persons residing within the metropolitan area.
2.
The above-described equal opportunity requirements are obligations of the City because
federal funds are being utilized to finance the Project to which this Project pertains.
3.
In executing any contract, the Subrecipient agrees to comply with the requirements and to
provide appropriate documentation at the request of the City.
_______________________________________
____________________________________
Signature
Date
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DRUG-FREE WORKPLACE
FY 2024-2026
The Subrecipient certifies that it will maintain a drug-free workplace in accordance with the
requirements of 24 C.F.R. Part 24, Subpart F by:
1.
Publishing a statement notifying employees that the unlawful manufacturing, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Subrecipient’s
workplace and specifying the actions that will be taken against employees for violation of such
prohibition.
2.
Establishing an ongoing drug-free awareness program to inform employees about:
2.1
The dangers of drug abuse in the workplace;
2.2
The Subrecipient’s policy of maintaining a drug-free workplace;
2.3
Any available drug counseling, rehabilitation and employee assistance programs;
2.4
The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace.
3.
Making it a requirement that each employee engaged in the performance of this Agreement be
given a copy of the statement required by paragraph 1.
4.
Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee will:
4.1
Abide by the terms of the statement;
4.2
Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction.
5.
Notifying the City in writing, within ten calendar days after receiving notice under paragraph
4.2 from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless the Federal
agency has designated a central point for the receipt of such notices. Notice will include the
identification number(s) of each affected grant.
6.
Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph 4.2, with respect to any employee who is so convicted:
6.1
Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
6.2
Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, local health
requirements, law enforcement, or other appropriate agency.
7.
Making a good faith effort to continue to maintain a drug-free workplace through
implementation of the above-described paragraphs.
_______________________________________
____________________________________
Signature
Date
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Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
Lower Tier Covered Transactions
FY 2024-2026
The Subrecipient certifies that the Subrecipient and/or its owners/officers:
1. Have not be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a federal department or agency.
2. Have not within a three-year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction
or Agreement under a public transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
3. Are not presently indicted or otherwise criminally or civilly charged by a government entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph 2
above.
4. Have not within a three-year period preceding this Agreement had one or more public
transactions (federal, state, or local) terminated for cause or default.
5. Shall immediately notify the City if, at any time during the term of this Agreement it is
debarred, suspended, declared ineligible, or voluntarily excluded from participation. The City
may pursue available remedies in the event of such occurrence, including immediate
termination of this Agreement.
6. Shall not enter into a subcontract or subrecipient agreement with a person or organization that
is debarred, suspended, declared ineligible, or voluntarily excluded from participation. The
subrecipient agrees to verify and document each person or organization’s status on Sam.gov.
The City may pursue available remedies in the event of such occurrence, including immediate
termination of this Agreement.
7. Shall immediately provide an explanation to the City if it is unable to provide this Certification
or comply with the requirements noted above in accordance with paragraph 29 of this
Agreement.
_______________________________________
____________________________________
Signature
Date