10-HUD Conflict of Interest Requirements.docx

DOCX document 43 KB Posted

Attached to
2027-2028 CDBG Neighborhood Opportunity Fund Public Service
Solicitation number
551005
Issued by
Wayne County, Detroit City, Michigan

About this file

This is a Conflict of Interest Requirements attachment issued by the City of Detroit's Department of Human, Homeless and Family Services for contracts funded through the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program. The document establishes mandatory conflict of interest compliance standards that apply to all contractors awarded City of Detroit contracts. Contractors must warrant their participation conforms to applicable CDBG regulations under Section 570.611 of Part 200 Title 24 of the Code of Federal Regulations and certify that their involvement will not create organizational conflicts of interest. Organizational conflict of interest is defined as situations where the contract work and the contractor's organizational, financial, contractual, or other interests could result in unfair competitive advantage or impaired objectivity in performing contract work.

Contractors are required to fully disclose any organizational conflicts of interest during application submission or at any point during contract performance. If a conflict is discovered after award, contractors must immediately provide written disclosure to the Director detailing actions taken or planned to eliminate or neutralize the conflict. The City reserves the right to terminate contracts if conflicts are discovered. Contractors who knowingly fail to disclose pre-award conflicts face contract termination for default. All subcontracts and consulting agreements must include identical conflict of interest provisions. Additionally, no federal, state, or local elected officials, City Planning Commission members or staff, Department employees, or corporations controlled by such persons may participate in or benefit from the contract. City officials and local government employees with responsibilities related to the program are prohibited from holding direct or indirect interests in the contract or its proceeds during their tenure and for one year thereafter.

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Coleman A. Young Municipal Center 2 Woodward Avenue. Suite 908 Detroit, Michigan 48226

Phone: 313.224.6380 Fax: 313.224.1629 www.detroitmi.gov

ATTACHMENT

HUD Conflict of Interest Requirements

The City of Detroit has revised HUD’s conflict of interest clause in all City of Detroit contracts. Please be aware, these requirements will apply if you are awarded a contract with the City of Detroit.

a. The Contractor warrants that its participation in this contract will conform to the requirements of the applicable Community Development Block Grant regulations including, Section 570.611 of Part 200 Title 24 of the Code of Federal Regulations, and further warrants that such participation will not result in any organizational conflict of interest. Organizational Conflict of interest is defined as a situation in which the nature of work under this contract and the Contractor’s organizational, financial, contractual, or other interests are such that:

1. Award of the contract may result in an unfair competitive advantage; or

2. The Contractor’s objectivity in performing the contract work may be impaired.

In the event the Contractor has an organizational conflict of interest as defined herein, the Contractor shall disclose such conflict of interest fully in the submission of the application and/or during the life of the contract.

b. The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the Director, which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The Department of Human, Homeless and Family Services may, however, terminate the contract if it is in best interest of the City.

c. In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Department of Human, Homeless and Family Services may terminate the contract for default.

d. The provisions of this clause shall be included in all subcontracts and consulting agreements.

e. No federal, state, or local elected official nor any member of the City of Detroit City Planning Commission or their staff or employee of the Department of Human, Homeless and Family Services nor any corporation owned or controlled by such person, shall be allowed to participate in any share or part of this contract or to realize any benefit from it. This provision shall be construed to extend to this contract if made with a corporation for its general benefit.

f. No member, officer, or employee of the City of Detroit, Department of Human, Homeless and Family Services, no member of the governing body of the City of Detroit or any other local government and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program/project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.

g. The Department of Human, Homeless and Family Services reserves discretion to determine the proper treatment of any conflict of interest disclosed under this provision.

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