Pandemic Small Business Assistance
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Pandemic Response Small Business Assistance Program
Sub-recipient Grant Opportunity
Community Revitalization
Deadline for Response: Friday, August 28, 2020 by 5:00 PM
Opportunity Overview
The City of Glendale Community Revitalization Division is accepting applications from qualified non-profit
community organizations to develop, implement, and administer a Pandemic Response Small Business
Assistance Program through a sub-recipient grant opportunity. The City is funding this program with its
Community Development Block Grant CARES Act award (CDBG-CV). All proposals must meet stated CARES Act
objectives to prevent, prepare for, or respond to the COVID-19 pandemic as well as CDBG regulations at 24
CFR 570. The successful respondent will be expected to cover all program expenses including administration
and direct financial and technical assistance to businesses in an amount not to exceed $300,000.
The program must comply with the US Department of Housing and Urban Development (HUD) National
Objective of “Urgent Community Need”. This objective does not require applicants to qualify based on
income, however, the City will require that grant applications provide a detailed mechanism to qualify
applicants based on need, the degree to which the assistance will create a positive impact on the community,
sustainability of the business beyond the anticipated period of assistance, and that the assistance is necessary
to mitigate the impacts of the COVID-19 pandemic.
Desired Outcomes
Direct financial support provided to businesses through this program:
•
Minimizes the closure of previously successful microenterprise businesses in Glendale
•
Fosters the development, support, and expansion of microenterprise businesses during the pandemic
Technical assistance, training, advice, and other support services provided through this program:
•
Increases capacity of grantees to carry out microenterprise activities
•
Reinforces long-term sustainability and growth for microenterprises in Glendale
Program and Regulatory Parameters
All assisted businesses must meet the following minimum requirements to receive assistance:
•
Be physically located in the City of Glendale
•
Have no more than five (5) employees, including the owner(s)
•
Demonstrate a financial hardship as a result of the COVID-19 pandemic
•
Be in good standing with all City, County and State taxes/fees and licensing
•
Use grant funding to pay for operating expenses, such as payroll and other employee-related
expenses, rent/mortgage, insurance, utilities and other items necessary to operate the business
•
Register with the federal System of Award Management (sam.gov) and not have any active exclusions
in that system.
Other Considerations for Program Components
The City’s intent with this request is for applicants to create innovative and streamlined approaches to help
small businesses with temporary funding and technical assistance to weather the negative effects of the
pandemic and comply with CDBG regulations. Respondents are encouraged to design any program that
achieves the desired outcomes and demonstrates compliance with applicable regulations. The following are
some suggested program components to consider when designing:
•
Means of marketing and outreach to potential applicants
•
Prioritization of applications
•
Standards and processes to determine eligibility and how much financial and technical assistance each
business needs to remain sustainable
•
Determination of topics needed for technical assistance
•
Form, terms and length of financial assistance, and how to document eligible expenses
•
Mechanisms for providing financial and technical assistance
•
Contract administration requirements necessary to demonstrate to the City that outcomes and terms
have been fulfilled (i.e. reporting and auditing)
•
Other components as suggested by respondents
Respondent Instructions
To submit a proposal for this opportunity, please:
1. Complete the attached Funding Application form
2. Prepare a written response that addresses each of the numbered items identified in the “How We Will
Choose” section below
3. Assemble the completed Funding Application (including all required attachments) and your responses
to address the selection criteria below, and compile all documents into a single pdf file
4. Submit your combined response by email to mhess@glendaleaz.com no later than Friday, August 28,
2020 by 5:00 PM.
How We Will Choose
Responses will be evaluated and prioritized based on the following criteria:
1. Timeline for program implementation and launch and efficiency of program administrative proposal
2. Design of targeted outreach and communication strategies
3. Design of application, evaluation, and approval process that addresses all program and regulatory
requirements
4. Design of application evaluation criteria to screen and rate applicants for sustainability
5. Experience in providing technical and financial assistance to small businesses that have achieved long-
term success
6. Experience administering similar programs funded through CDBG microenterprise development
programs
7. Design of proposed metrics to evaluate program performance and address the intended outcomes
8. Proportion of funding necessary for program administration as compared to total grant amount
9. Acceptance of terms and conditions of the Community Revitalization Public Services Agreement, any
exceptions must be noted in writing
Preference will be given to responses that:
10. Leverage the City’s financial investment with other funding, resources,/or partnerships to maximize
the positive impact to the City’s business community.
11. Utilize an a la carte fee schedule for program administration services.
Pandemic Small Business Assistance Program Grant
Application
Name of Agency
Name of Program
Address
Program Point of Contact Name/Title
Phone number
Email
Total project budget
City of Glendale portion of budget
Non-City of Glendale portion of budget
Does the agency have a current 501(c)3 designation from the IRS?
EIN
DUNS
Is agency in good standing with the Arizona Corporation Commission?
No
No
Is the agency currently registered in the Federal System of Award Management
(Sam.gov)?
Does the agency have experience in providing technical and financial assistance
to small businesses that have achieved long-term success?
Does the agency have experience administering similar programs funding
through CDBG microenterprise development programs?
Is the agency able to utilize an a la carte fee schedule for program administration
services?
Does agency require Board of Director’s approval to submit this application?
If selected, will the agency agree to the terms and conditions in the subrecipient
contract?
I affirm and certify that all the information and answers to questions herein are
complete, true and correct to the best of my knowledge and belief.
Signature
Date
Required documents are attached:
IRS Determination Letter
Articles of Incorporation
Most recent Form 990
**Additional documents may be requested**
SIGN
No
No
No
No
No
No
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CITY OF GLENDALE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)
SUBRECIPIENT CONTRACT –
SMALL BUSINESS ASSISTANCE
FY 2020-2021
THIS SUBRECIPIENT CONTRACT (“Agreement”) is executed this _______ day of
__________________, 2020 by and between , 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.
C.
City desires to provide funding to assist Subrecipient in providing its Activity (as defined
below) through the distribution of HUD Community Development Block Grant Funds
(“Funds” or “Funding”).
D.
Subrecipient agrees to conduct Activity in accordance with this Agreement.
D.
City and Subrecipient agree that the Activity meets a priority need identified in the City’s
Five-Year Consolidated Plan and the Funds provided pursuant to this Agreement will be
used to complete the Activity consistent with the goals of the Five-Year Plan.
E.
City finds that a public purpose is served 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 fully perform the Work or Activity identified in Exhibit A, Scope
of Services. For purposes of this Agreement, “fully perform” or “full performance”
means implement, operate, and/or complete – including providing all the goods and
services , labor, materials, supervision, tools, equipment, licenses, and permits
necessary to undertake and fulfill the Scope of Services contained in Exhibit A, 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 may provide technical assistance upon request 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
CFR Part 570.
1.4
The City will monitor the performance of the Work by Subrecipient to ensure it is
being accomplished as provided in the Scope of Services. Any failure to fully or
adequately perform in accordance with the Scope of Services will be determined
by the City and may constitute a breach of this Agreement. City may, but is not
required to, provide the Subrecipient a reasonable time and opportunity to cure any
such breach or the City may suspend or terminate this Agreement if it determines
such action is appropriate.
2.
Agreement Term. This Agreement is effective , 20 and will terminate on
, 20. This Agreement may be amended and/or extended by a mutual written
agreement of the Parties if it is in the best interests of the parties and the community and
does not violate any of the Rules and Regulations of the CDBG program.
3.
Funding Amount.
3.1
The City will fund the Subrecipient for the amount specified herein, not to exceed
$. This amount constitutes the entire amount available for the full
performance of the Activity pursuant to this Agreement.
3.2
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.
3.3
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.
3.4
Subrecipient agrees to expend the total funding amount specified above within the
Agreement Term stated in Section 2.1. 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 for the Activity or
required to provide any additional funding in excess of the total amount stated
herein.
3.5
Reversion of Funds. Subrecipient will return to the City, upon expiration of the
Term or other termination of this Agreement, any CDBG Funds that have not been
expended, all Program Income (as that term is defined by 24 C.F.R. § 570.500), and
any accounts receivable resulting from the use of CDBG Funds, including Program
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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 may be
reallocated by the City.
3.6
Increase in Funding Amount. Nothing herein prohibits or limits the City from
providing Subrecipient additional CDBG Funds or other monies to perform
additional work or services, if such Funds become available at a future date. Any
increase in compensation or Funds shall be provided by entering into a written
Amendment to this Agreement,
3.7
Program Income.
a.
Any Program Income, that is received by Subrecipient prior to grant close-
out will be used to offset payment due for performance of the Activity on a
dollar-for-dollar basis, as set forth in 24 C.F.R. § 570.504.
b.
Under this Agreement, “Program Income” refers solely to those CDBG
Funds provided by the City. These Funds may include, but are not limited
to, income received from the clients served by the Activity performed.
Documentation supporting the amount of Program Income received and
used to offset payments due will be submitted with monthly billings.
c.
“Program Income” does not include CDBG Funds provided in the amount
of $25,000 or less. Notwithstanding this definitional threshold,
Subrecipient agrees to exhaust all Program Income and CDBG Funds before
requesting additional funding from the City.
4.
Availability of Funds.
4.1
The City shall make payment to the Subrecipient for the Activity as provided in
Section 3.2 only after funds assigned for the purpose of compensating the
Subrecipient, as provided herein, are actually available to the City for disbursement.
4.2
If the federal government suspends, decreases or terminates its fiscal obligation
under, or in connection with this Agreement, or no longer makes Funds available
to the City, 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 already rendered by the Subrecipient
prior to the effective date of the termination, provided that such Services have been
performed in accordance with the provisions of this Agreement. The City shall
provide the Subrecipient with written notice of the effective date of any suspension,
amendment or termination under this section, and Subrecipient shall immediately
cease performance upon receipt of such Notice. Notice shall be deemed effective
upon Subrecipient when actually received or three days after postmarked by mail
carrier, whichever is sooner.
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5.
Subrecipient Warranties and Representation.
5.1
Subrecipient is a duly organized under the laws of the State of Arizona and/or
authorized to do business in Arizona.
5.2
Subrecipient warrants that the person identified as the official representative of the
Subrecipient is authorized to execute this Agreement and bind the Subrecipient to
comply with the terms of this Agreement.
5.3
Subrecipient represents, agrees and warrants that it will utilize normal and
customary industry standards and practices for the full performance of the Activity.
5.4
Subrecipient represents, agrees and warrants that the Activity performed in
accordance with this Agreement will either address an urgent community need or
be specifically designed to benefit low and moderate-income persons and families
as defined in Exhibit D. If the Activity is focused on the latter, Subrecipient must
follow HUD guidelines for determining that persons and families meet the
definition of low and moderate-income.
5.5
Subrecipient represents, agrees and warrants that the Activity will be performed and
its Funds administered in compliance with all federal laws and regulations as
further described in Exhibit C and in full compliance with all other applicable
federal, state and local laws and regulations.
5.6
Subrecipient is independent of the City in all respects and is not an agent of the
City. Subrecipient represents, agrees and warrants that it will not in any way
represent itself as an agent or authorized representative of the City. The relationship
of City and Subrecipient under this Agreement shall be that of an independent
contractor. Each party shall have the sole responsibility to discharge all of its
obligations “independent” of the other party as defined under federal, state and local
law. Nothing contained in this Agreement shall be construed to create a 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.
5.7
No Boycott of Israel. The Parties agree that they are not currently engaged
in and agree that for the duration of the Agreement they will not engage in, a boycott
of Israel, as that term is defined in A.R.S. §35-393. Unless and until the District
Court’s injunction in Jordahl v Brnovich, 336 F.Sup.3d 1016 (D.Ariz. 2018) is
stayed or lifted, the Anti-Israel Boycott Provision (A.R.S. §35.393.01 (A)) (if
applicable to this agreement) is unenforceable and the City will take no action to
enforce it.
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6.
Agency Warranties and Representation. Agency warrants and represents to the City
that:
6.1
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 in 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.
6.2
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.
6.3
Agency’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 Agency to execute this Agreement.
6.4
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.
6.5
Conflicts of Interest. The Subrecipient represents and warrants that no officer,
director, partner, member, employee, agent or authorized representative of the
Subrecipient has any personal, individual or financial interest direct or indirect in
this Agreement, except as an employee, officer or director of the business entity.
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The Subrecipient also represents and warrants that it has not paid or otherwise
provided any direct or indirect financial benefit to any person who is a member of
the governing body of the City or to any employee of the City who exercises any
functions or responsibilities in connection with the carrying out of the Activity
under this Agreement. Further, Subrecipient represents and warrants that it shall
extend the requirements of this Section 6.5 to all applicants, beneficiaries and
recipients of assistance provided by this Activity.
6.6
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.
6.7
Procurement. As applicable. Subrecipient will comply with the Federal
Procurement Code at 24 CFR 84.40-48 and 2 CFR 200.317-326, and the City’s
Procurement Code as codified in Chapter 2 (Administration), Article V (Financial
Affairs), Division 2 (Purchasing Procedure).
6.8
Environmental Review. The City will complete all environmental review
requirements as required by 24 CFR Part 58. The Subrecipient will comply with
all applicable Federal, State and local environmental laws applicable to the Activity,
and will work with the City to ensure compliance with these laws and related
requirements.
7.
Cost Allowances.
7.1
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 other monitoring scheme in the amount of the disallowance. Subrecipient
shall also reimburse the City for any court costs and attorney’s fees the City incurs
to pursue legal action related to the disallowance or any legal action to pursue its
claim for a breach of this Agreement.
7.2
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; (a) to
adjust any future claim submitted by the Subrecipient by the amount of the
disallowance; or (b) to require immediate repayment of the disallowed amount by
the Subrecipient issuing a check payable to the City.
7.3
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
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discretion, require the Subrecipient to repay the entire amount of the Agreement;
except as otherwise noted in this agreement.
8.
Physical Improvements:
8.1
Any physical improvements made to real property as part of the Activity performed
and funded with CDBG Funds pursuant to this Agreement must be secured by a
promissory note, lien document, special warranty deed or deed of trust, depending
on the type of property and improvement, and as specified in the Loan Documents,
if the fair market value of the physical improvement(s) is greater than $5,000. In
addition, a fixed assets listing must be maintained in accordance with federal
regulations for the full term of the security. Annual physical inventory must be
conducted to ensure the property is still in condition suitable to secure the value of
improvement required by the CDBG program.
8.2
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.
8.3
After expiration of the term of the security instrument, Subrecipient is free to use
the real property for any purpose, without obligation to the City.
8.4
Any personal property and equipment acquired with funding provided under this
Agreement shall be used and disposed of in compliance with the requirements of
24 C.F.R. Part 84, 24 C.F.R. 570.502-504, as applicable.
9.
Reporting.
9.1
Subrecipient will provide a written progress report to the City documenting its
efforts in the last month to fully perform the Activity in accordance with the
requirements of Exhibit B (Billing and Reporting Information).
9.2
On or before July 15th 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 each fiscal
year ending June 30th.
9.3
Subrecipient will keep records of and report the following for statistical purposes:
a.
The ethnicity and racial background of all persons and families served by
the Activity; and
b.
The number of 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; and
e.
The number of businesses assisted and jobs created and/or retained as a
result of receiving assistance.
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9.4
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, disposing of program assets
(including the return of all unused materials, equipment, unspent cash advances,
program income balances, and accounts receivable to the City), submitting all
reports, and determining custodianship of records.
10.
Recordkeeping and Accounting.
10.1
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.
10.2
Accounting Standards. Subrecipient agrees to comply with 2 CFR 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.
10.3
Retention. Subrecipient will retain all activity and related financial records under
this Agreement for a period of six years after completion of the Activity, satisfaction
of grant requirements, and notification from the City of grant closeout.
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.
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.
10.4
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.
However, nothing herein will be construed to require access to any privileged or
confidential information in contravention of federal or state law.
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11.
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.
12.
Nondiscrimination.
12.1
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.
12.2
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.
13.
Right to Refuse Assistance. In addition to the right to terminate this Agreement pursuant
to Section 24 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 of Glendale and its affiliates, or meets the criteria covered under City’s Right to Refuse
Assistance Policy. Legal counsel will be consulted before such action is undertaken, unless
an emergency exists.
14.
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.
15.
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
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.
16.
Lobbying.
16.1
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
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Agreement, and the extension, continuation, renewal, amendment or modification
of any federal contract or grant.
16.2
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.
17.
Religious Activities. The Subrecipient agrees that none of its costs and none of the costs
incurred by any vendor paid from the federal funds will include any expense for any
religious activity; including, but not limited to, worship, religious instruction, or
proselytization.
18.
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.
19.
Indemnification and Hold Harmless.
19.1
Should Subrecipient perform any work knowing it to be contrary to the applicable
laws, ordinances, rules, or regulations, Subrecipient will assume full responsibility
for the on-going compliance and will 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.
19.2
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.
19.3
Subrecipient will also indemnify, defend, and hold harmless 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, 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. Subrecipient will also be
responsible for primary loss investigation, defense and judgment costs where this
Agreement of indemnity applies.
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20.
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.
21.
Insurance.
21.1
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.
21.2
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.
21.3
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.
21.4
Subrecipient shall comply with the insurance and bonding requirements of 24
C.F.R. 84.31 and 84.48, Bonding and Insurance.
22.
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 the expiration of
the Agreement as provided in Section 2.
23.
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, otherwise.
24.
Termination; Suspension.
24.1
In accordance with 24 C.F.R. §85.43,and Section 1.4 above, 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;
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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.
24.2
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.
24.3
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.
24.4
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.
24.5
The City many suspend this Agreement, in whole or in part, if the Subrecipient fails
to comply with any term of this Agreement, or with any of the rules, regulations or
provisions referred to herein.
24.6
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.
25.
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
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.
26.
General Provisions.
26.1
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.
26.2
Each party to this Agreement acknowledges that no representations, inducements,
promises or Agreements, orally or otherwise, have been made by any party, or
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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.
26.3
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.
26.4
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.
26.5
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.
26.6
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.
27.
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:
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:
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28.
Exhibits. The following exhibits are incorporated by this reference:
a.
Exhibit A: Scope of Services
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
,
an Arizona non-profit corporation
By: _____________________________
Its: ________________________________
STATE OF ARIZONA
)
) ss.
County of Maricopa
)
On this the _________ day of _____________________, 20________, before me, the
undersigned Notary Public, personally appeared _________________________________, who
acknowledged himself/ herself to be the ________________________ of the
_________________________________, and that (s)he as such official, being authorized to do
so, executed the foregoing Subrecipient Agreement for and on behalf of the said company for the
purpose and consideration therein expressed.
IN WITNESS WHEREOF, I hereunto set
my hand and official seal.
____________________________________
Notary Public
My Commission Expires:
____________________
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EXHIBIT A
SCOPE OF ACTIVITY
SMALL BUSINESS ASSISTANCE
FY
A.
Subrecipient Name.
1.
Federal Tax ID No.:
2.
DUNS No.:
3.
CFDA No.:
B.
Activity Name. (“Subrecipient”) will be responsible for administering the
(“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.
D.
Address/Specific Location of the Proposed Activity.
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.
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:
H.
Levels of Accomplishment-Goals and Performance Measures. The Subrecipient agrees
to provide the following services:
Activity Name
Units of
Service
Service Type
(describe)
# of unduplicated
Businesses Served
# of jobs
retained or
created
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I.
Client Eligibility.
1.
Client eligibility will be documented by:
2.
Client residency will be documented by:
J.
Billing Information. CDBG funds will pay for:
K.
Subrecipient Staff Contact Information.
L.
Estimated Activity Timeline.
Task
Completion Date
Initiate Activity
Identify/Qualify 1st Client
50% completion of services
100% completion of services
Year-End Reporting
Final Closeout
Activity Contact:
Accounting Contact
Name:
Name:
Title:
Title:
Subrecipient:
Subrecipient:
Address:
Address:
City, State, Zip:
City, State, Zip:
Telephone No.:
Telephone No.:
Fax No.:
Fax No.:
Email:
Email:
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M. Budget
Agency:
Community Development Block Grant
Total Project Budget FY
Line Item
CDBG
Allocation
Other
Cash
Resources
Total
Project
Budget
Revenues
1. Gov. Funding - City of Glendale
CDBG
2. Gov. Funding - All Other Cities
Federal
Other
3. Gov. Funding - County
Federal
Other
4. Gov. Funding - State
5. Gov. Funding - Federal
6. Contributions / Donations
7. Special Events / Fundraising
8. Legacies / Bequests
9. Foundation/Corporate Support
10. Program Service Fees Reimbursements
11. Investment Income
12. In-Kind Support
13. Other Income
Total
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Budget Continued.
Line Item
CDBG
Allocation
Other
Cash
Resources
Total
Project
Budget
Expenses
14. Personnel Costs
Salaries
Payroll Costs (SSI, Medicare, etc.)
Fringe Benefits (Insurance, Retirement, etc.)
Employee Education and Training
15.Supplies
Office Supplies
Program-Related Supplies
16. Professional Fees and Contracts
17. Direct Assistance to Individuals &
Businesses
18. Communication
Phone, Fax, Internet
Postage and Freight
19. Equipment Rental and Maintenance
20. Technology (hardware, software, maint.)
21. Occupancy
Rent/mortgage
Utilities
Building Improvements and Maintenance
22. Advertising / Printing and Publications
23. Travel
24. Meetings & Conferences
25. Membership Dues / Support to Affiliate Org.
25. Evaluation
26. Non-Payroll Insurance
27. In-Kind Expense
28. Other Expenses
Management & General
Licenses/Permits/Fees
Total
Surplus/Deficit (Revenues less Expenses)
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EXHIBIT B
BILLING AND REPORTING INFORMATION
FY
(“Subrecipient”) will be responsible for billing costs incurred and results achieved
under the (“Activity”) consistent with any standards required by Community
Development Block Grant Program (“CDBG”) 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 authorized signatory). Reimbursement
requests will be submitted on a MONTHLY basis. (Note: the 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.
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 will take approximately two to three weeks to
complete. (The first reimbursement request can take a little longer to process.) 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. Subrecipient will be responsible for obtaining
and maintaining access to the City’s Vendor Self Service registry prior to receiving
all payments.
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 could also 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.
3.
Activity Final Completion Report.
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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 July 31st of each year. This report is to identify the “actual outcomes”
produced by the Subrecipient under this activity over the past program year.
“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.
4
EXHIBIT C
FEDERAL LAWS AND REGULATIONS
FY
1.
Applicability of Uniform Administrative Requirements. The parties should 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 Agency 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 Agency 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 contractor 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 contractor 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 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 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. Block Grant funds 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 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 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 and
rehabilitation or construction on all commercial properties, 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 CFR 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 Statement
of Work.
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 CFR 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 contractor or subcontractor 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 contractor 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 contractor that he 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 contractor 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 CFR
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 CFR 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 CFR 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 CFR 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 CFR Part
35 and 24 CFR §570.608 and/or 92.335), and related amendments thereto. The use of
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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, Homebuyer
Programs, Tenant-Based Rental Assistance, and Special-Needs Housing (acquisition), will
comply with existing and new Lead-Based Paint Hazard Reduction Requirements,
effective September 15, 2000. As the Grantor or Participating Jurisdiction, 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 CFR Part 24, and 24 CFR 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). Program income
received as a result of disposition of CDBG-assisted property shall be remitted to the City
unless waived in writing by the City.
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 CFR 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 29 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 Community Development Block Grant 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.
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EXHIBIT D
INCOME LIMITS
FY
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,
City will provide and Subrecipient will be expected to 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/ESG/HOME PROGRAMS
2020 Program Income Limits
Household
Size
Area
Median
Income
[AMI ($)]
30% of AMI
($)
50% of AMI
($)
60% of
AMI ($)
80% of AMI
($)
1 Person
77,800
16,350
27,250
32,700
43,600
2 Persons
18,700
31,150
37,380
49,800
3 Persons
21,050
35,050
42,060
56,050
4 Persons
23,350
38,900
46,680
62,250
5 Persons
25,250
42,050
50,460
67,250
6 Persons
27,100
45,150
54,180
72,250
7 Persons
29,000
48,250
57,900
77,200
8 Persons
30,850
51,350
61,620
82,200
9 Persons
32,718
54,462
65,354
87,180
10 Persons
34,568
57,574
69,088
92,160
Household Income Limits/Annual Gross Wages (Effective Date per HUD 7/1/2020)
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/
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EXHIBIT E
INSURANCE CERTIFICATE
FY
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, 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 of Glendale
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
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.
1
POLICY OF NONDISCRIMINATION ON THE
BASIS OF DISABILITY
FY
The undersigned representative agrees, on behalf of Client, 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
1
SECTION 319 OF PUBLIC LAW 101-121
FY
The Undersigned certifies, to the best of his or her 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
1
CONTRACTING WITH SMALL AND MINORITY FIRMS,
WOMEN’S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS
FY
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 of
Glendale 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
1
DRUG-FREE WORKPLACE
FY
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 the grant 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
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
Lower Tier Covered Transactions
FY
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
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.
8. Shall demonstrate current registration with the federal government’s System of Award
Management (SAM) with a status of active and in good standing.
_______________________________________
____________________________________
Signature
Date