17-24 - Attachment S- Certain CDBG Regulations and Addendum A.pdf

EXHIBIT B

CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT

PROVISIONS

1. DEFINITIONS

A. Act amended (42 U.S.C. 5301 et. seq.)

B. CDBG Funds program income and funds received in the form of grants under subparts D or F and loans guaranteed under subpart M of 24 C.F.R. part 570.

C. Contractor for the purpose of obtaining goods and services for the non-Federal entity use and creates a procur Contract a legal instrument by which a non-federal entity purchases property or services needed to carry out the project or program under a Federal Award.

D. Non-Federal entity” means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or sub-recipient.

Pass through entity -Federal entity that provides a sub-award to a sub-recipient to carry out part of a Federal program.

E. Program Income

F. Recipient - - -

Federal entity that receives a sub-award from a pass-through entity to carry out part of a Federal program and creates a Federal assistance relationship with the sub-recipient.

G. Secretary

H. Subpart K -570.615.

I. Urban Development means a grant regulated by Subpart

G of 24 C.F.R. part 570.

2. COMPLIANCE WITH SUBPART K

A. Contractor/Sub-recipient shall carry out each activity under this Contract in compliance with all federal laws and regulations described in Subpart K of 24 C.F.R. part 570, as applicable, except that:

(i) Contractor/Sub-responsibilities described at 24 C.F.R. §570.604; and

(ii) Contractor/Sub- r initiating the review process under the provisions of 24 C.F.R. part 52.

B. Subpart K requires current and continuous compliance by Contractor/Sub-recipients and Contractors with:

(i) Executive Order 11063, as amended by Executive Order 12259, title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of the Act, the Age Discrimination Act of 1975, and the Rehabilitation Act of 1973;

(ii) the labor standards provisions of the Davis-Bacon Act and the Contract

Work Hours and Safety Standards Act. Davis-Bacon Act, as amended (40

U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act

(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of

Applicable to Contracts Covering Federally Financed and Assisted to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.

The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

The contracts must also include a provision for compliance with the

- 18 U.S.C.A 874), as supplemented by

Department of Labor Financed in Whole in Part by Loans or Grants from

-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-

Federal entity must report all suspected or reported violations to the Federal awarding agency.

Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).

Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5).

Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence;

(iii) the National Environmental Policy Act of 1969;

(iv) the National Flood Disaster Protection Act of 1973 and the National Flood

Insurance Program;

(v) the Uniform Relocation Assistance and Real Property Acquisition Policies

Act of 1970 and the residential anti-displacement and relocation assistance plan required by section 104(d) of the Act;

(vi) the local training and employment provisions of the Housing and Urban

Development Act of 1968;

(vii) the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the

Residential Lead-Based Pain Hazard Reduction Act of 1992 (42 U.S. 4851-

4856), and implementing regulations at part 35, subparts A, B, J, K, and R;

(viii) the prohibition against the use of debarred, suspended or ineligible contractors or sub-recipients. Debarment and Suspension (Executive Orders

12549 and 12689) - A contract award (see 2 C.F.R. 180.220) must not be made to parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p.

SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549;

(ix) uniform administrative requirements and cost principles, in accordance with

24 C.F.R 570.610, and in connection there therewith, Contractor/Sub-recipient must comply with the Energy Policy and Conservation Act, and if this Contract is in excess of $100,000, Contractor/Sub-recipient must comply with the Clean Air Act, Executive Order 11738, and Environmental

Protection Agency Regulations.

Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution

Control Act (33 U.S.C. 1251-1387), as amended Contracts and sub-grants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-767q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-

1387). Violations must be reported to the Federal awarding agency and the

Regional Office of the Environment Protection Agency (EPA).

(x) conflict of interest provisions;

(xi) Executive order 12372 in connection with the planning or construction of water or sewer facilities;

(xii) eligibility restrictions for certain resident aliens; and

(xiii) the Architectural Barriers Act and the Americans with Disabilities Act.

3. ASSURANCE OF COMPLIANCE WITH REGULATIONS (Section 3 Intentionally deleted).

4. AUDIT AND ACCESS TO RECORDS

A. Contractor/Sub-recipient shall, during the term of this Contract, and for a period of four (4) years: (a) following the final payment and closure of all other pending matters under this Contract if Contractor/Sub-recipient is a governmental entity or public agency; or (b) from the date of submission of the annual performance and evaluation report in which the Program is reported on for the final time, if

Contractor/Sub-recipient is not a governmental entity, provide the City of Dallas, the Secretary of the United States Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, with access to any books, documents, papers, and records of

Contractor/Sub-recipient directly pertaining to this Contract, for the purpose of making audits, examinations, excerpts, and transcriptions.

B. Single audit. A Contractor, Sub-recipient, or non-Federal entity, with a fiscal year beginning on or after December 26, 2014, that expends $1,000,000 or more during the non- ds must have a single audit conducted in accordance with 2 C.F.R. §200.514 Scope of audit, except when it elects to have a program-specific audit conducted in accordance with 2 C.F.R.

§200.501.

Further, the City may, at its sole discretion, require the Contractor/Sub-recipient to provide such audit reports annually.

5. RETENTION OF RECORDS AND REPORTS

Financial records, supporting documents, statistical records, and all other records pertinent to this Contract shall be retained by Contractor/Sub-recipient for a period of five (5) years from the dates specified in section 4(A) of this Exhibit A.

Contractor/Sub-recipient shall provide any reports and records City may need in meeting its Federal government recordkeeping and reporting requirements.

6. COPYRIGHTS

If this Contract results in a book or other copyrightable material, the author is free to copyright the work, but the City reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes.

7. PATENTS

Any discovery or invention arising out of or developed in the course of work aided by this Contract shall be promptly and fully reported to the City for determination by it as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest.

8. INTEREST OF CERTAIN FEDERAL OFFICIALS

In accordance with 24 CFR part 87, no officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress, shall be admitted to any share or part of the CDBG Agreement between

City and HUD, or to any benefit to arise from the same.

9. EQUAL OPPORTUNITY CLAUSE

Contractor/Sub-recipient must comply with all federal anti-discrimination laws, including but not limited to Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000c-200d-7. and

Title VII Civil Rights Act of 1964, 42 U.S.C.. 2000e.

10.

POLITICAL AND LOBBYING ACTIVITIES PROHIBITED

A. None of the funds, materials, property or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office, or for publicity, lobbying and/or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States of

America, the Legislature of the State of Texas, or the City Council of the

City of Dallas.

B. Employees of Contractor/Sub-recipient connected with any activity which is financed in whole or in part by funds provided to Contractor/Sub-recipient under this Contract may not during the term of this Contract:

(i) use their official position or influence to affect the outcome of an election or nomination;

(ii) solicit contributions for political purposes; or

(iii) take an active part in political management or in political campaigns.

11. REAL PROPERTY

In accordance with 24 C.F.R. 570.503(b), facilities owned by non-profit entities that are acquired or improved with CDBG funds must be operated so as to be open for use by the general public during all normal hours of operation. Reasonable fees may be charged for the use of the facility, but charges such as excessive membership fees, which will have the effect of precluding low- and moderate-income persons from using the facilities, are not permitted. Upon expiration of this

Contract, the receivable attributable to the use of CDBG funds. Any real property improved in whole or in part with CDBG funds in excess of $25,000 shall either:

C. be used to meet one of the national objectives in 24 C.F.R. §570.208 until five years after expiration of this Contract, or such longer period of time as determined appropriate by the City; or

D. Not used in accordance with paragraph 11(A) of this section, in which event the Contractor/Sub-recipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City.

Such reimbursement is not required after the period of time specified in accordance with section 11(A) above.

12. PROGRAM INCOME

All Program Income that is received by Contractor/Sub-recipient under this

Contract shall belong to the City. This includes any interest earned by

Contractor/Sub-recipient upon CDBG funds deposited by Contractor/Sub-recipient. Any Program Income in Contractor/Sub-expiration or other termination of this Contract shall be paid to the City (24 C.F.R

570.504).

13. EQUAL PARTICIPATION BY FAITH-BASED ORGANIZATIONS

In accordance with 24 C.F.R. 5.109, within the framework of constitutional church-state guidelines, faith-based organizations are eligible, on the same basis as any other o

Federal government, nor a state or local government, nor any other entity that administers any HUD program or activity, shall discriminate against any organization on the basis of t

E. Acquisition, construction, and rehabilitation of structures. HUD funds may not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities.

HUD funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under a HUD program or activity. Where a structure is used for both eligible and inherently religious activities, HUD funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to the HUD program or activity. Sanctuaries, chapels, and other rooms that a HUD-funded religious congregation uses as its principal place of worship, however, are ineligible for HUD-funded improvements. Disposition of real property after use for the authorized purpose, or any change in use of the property from the authorized purpose, is subject to government-wide regulations governing real property disposition, see 2 C.F.R. §200.311.

F. Organizations that receive direct HUD funds under a HUD program or activity may not engage in inherently religious activities, such as workshop, religious instruction, or proselytization, as part of the programs or services funded under a HUD program or activity. If an organization conducts such inherently religious activities, the inherently religious activities must be offered separately, in time or location, from the programs, activities, or services supported by direct HUD funds and participation must be voluntary for the beneficiaries of the programs, activities or services provide under the HUD program.

G. A religious organization that participates in a HUD program or activity will retain its independence from Federal, State and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not engage in any inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services supported by direct HUD funds. Religious organizations may use space in their facilities to provide services under a HUD program without removing religious art, icons, scriptures, or other religious symbols. In addition, a religious organization participating in a HUD program retains its authority over its internal governance, and it may retain religious terms in its organization name, select its board members on a religious basis, and include references in its nts and other governing documents

H. An organization that receives direct HUD funds shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious beliefs.

I. If a state or local government voluntarily contributes its own funds to supplement Federally funded activities, the State or local government has the option to segregate the Federal funds or commingle them. However, if the funds are commingled, the requirements of this section apply to all the commingled funds. Further, if a State or local government is required to contribute matching funds to supplement a federally funded activity, the matching funds are considered commingled with the federal assistance and therefore subject to the requirements of this section.

14. UNIFORM ADMINISTRATIVE AND COST PRINCIPLES

CDBG funds may only be used for the allowable costs as set forth in 2 C.F.R. Part

200 and 24 C.F.R. 84 and 85 (which are currently being revised to conform to 2 C.F.R. Part 200).

15. DRUG-FREE WORKPLACE

Contractor/Sub-recipient agrees to comply with the certification requirements of the Drug-Free Workplace Act of 1988, 41 U.S.C.A 8102; 42 U.S.C. 3535(d), as set forth at 24 C.F.R. part 21.

16. COPIES OF STATUTORY AND REGULATORY MATERIALS

Contractor/Sub-recipient may obtain copies of any cited statues or regulations from

City upon request.

17. If any of the provisions of this Exhibit A conflicts with the HUD regulations or any other applicable state, federal, or local law, such law or regulations shall control.

18. Contractor/Sub-recipient shall comply with all other applicable state, federal, and local laws, including but not limited to 24 C.F.R Part 570, the CDBG regulations.

Addendum A: Certification for Contracts, Grants, Loans, and Cooperative Agreements

(24 C.F.R. Pt. 87, App. A)

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 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 contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(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 shall complete and submit Standard Form-

These forms are available from the City upon request.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-contractors shall 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 section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Contractor/Sub-recipient:

By:

Authorized Representative

Appendix II to 2 C.F.R. Part 200 Contract Provisions for Non-Federal Entity Contracts

Under Federal Awards

In addition to other provisions required by the Federal agency or non Federal entity, all contracts made by the non Federal entity under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the

Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non Federal entity including the manner by which it will be effected and the basis for settlement.

(C) Contractor/Sub-recipient must comply with all federal anti-discrimination laws, including but not limited to Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000c-200d-7. and Title VII Civil

Rights Act of 1964, 42 U.S.C.. 2000e.

(D) Davis Bacon Act, as amended (40 U.S.C. 3141 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non Federal entities must include a provision for compliance with the Davis Bacon Act (40 U.S.C. 3141 3144, and

3146 or

Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted actors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non Federal entity must report all suspected or reported violations to the

Federal awarding agency. The contracts must also include a provision for compliance with the or

Financed in Whole each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 3708). Where applicable, all contracts awarded by the non Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research ith the

Small Business Firms Under Government Grant any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401 7671q.) and the Federal Water Pollution Control Act (33

U.S.C. 1251 1387), as amended Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection

Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2

CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of

Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non Federal award.

(J) See § 200.322 Procurement of recovered materials.

Certificate of Audit

Attach/Complete only if the non-federal entity expends $1,000,000 or more during the non-federal entity's fiscal year in federal awards

This is to certify that, to the best of my knowledge and belief, the Contractor/Sub-recipient [specify name of the auditee] has: (1) engaged an auditor to perform an audit, in accordance with the provisions of 2 C.F.R. §200.514 for the 12 months ended [specify date]); the auditor has completed such audit and presented a signed audit report which states that the audit was conducted in accordance with the provisions of 2 C.F.R. §200.514; and (3) the information on the attached form accurately and completely reflects the results of this audit, as presented in the

If this certificate does not apply to you, do not fill out this form.

Name:

Title:

Attachment to Certificate