ACTION:
____________________________
Clerk/Secretary
Department: City Manager’s Office Item No: C10
Prepared by: Angela Baggett, Management Analyst Meeting Date: April 25, 2023 Approved by: John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: GRANT AGREEMENT AND RESOLUTION FOR SPECIFIED GRANT FUNDS FROM BUDGET ACT 2023-24
RECOMMENDATION:
1.Adopt City Council Resolution No. 2023- , approving grant agreement submission for specified grant funds from Budget Act for Fiscal Year 2023.
2.Adopt City Council Resolution No. 2023- ,amending the Capital Project Budget for Fiscal Years 2022/23 and 2023/24.
CORRELATION TO CITY COUNCIL GOALS: 1) Fiscal Responsibility; and 2) Traffic: Continue to improve the flow of traffic for all forms of travel, reduce congestion, and improve our roads and sidewalks PRIOR ACTION: On June 28, 2022, adopted City Council Resolution No. 2022-108, approving the Six-Year Capital Improvement Program and FYs 2022/23 and 2023/24 Capital Project Budget and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 Capital Projects (Vote: 4-0, Ritter absent (Ritter experienced technical difficulties)).
STATEMENT ON THE SUBJECT: The City of Vista received Fiscal Year (FY) 23 Appropriations from Congressman Levin’s office for $2,231,000 for Sidewalk Improvement and Enhanced Street Lighting Project – Townsite project (sidewalks and lighting enhancements on Nevada Avenue and Lemon Avenue).
While not competitive, a grant agreement packet must be completed and signed by April 28, 2023, to receive funding and submit completed work for reimbursements.
The Department of Housing and Urban Development (HUD) administers the above noted grant. A resolution is required to be included with the signed grant agreement packet that is due to HUD by April 28, 2023, as well.
Staff recommends approving the submission of the grant agreement packet for the specified grant to allow the city to enter into contract with HUD, and to move forward with the Nevada and Lemon Sidewalks Improvement and Lighting project. Approval of the staff recommendation will amend the Capital Project Budget for Fiscal Years 2022/23 and 2023/24 by creating the Nevada and Lemon Sidewalks and Lighting Project (CIP No. 8355).
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
04/25/2023 C10 Page 1 of 30
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2023-63; and 2) City Council Resolution No. 2023-64. Vote: 4-0 (O'Donnell absent)
MEETING DATE: April 25, 2023 PAGE 2
SUBJECT: GRANT AGREEMENT AND RESOLUTION FOR SPECIFIED GRANT FUNDS FROM BUDGET ACT 2023/2024
FISCAL IMPACT: The awarded amount from HUD is $2,231,000. The City will receive funds on a reimbursement basis as the project is completed. A budget adjustment is included with Exhibit 2 to recognize the revenue and establish the expense budget for this new project.
EXHIBITS:
1. City Council Resolution No. 2023- , approving grant agreement submission for specified grant funds from Budget Act for Fiscal Year 2023
2. City Council Resolution No. 2023- , amending the Capital Project Budget for Fiscal Years 2022/23 and 2023/24
3. CIP Detail Sheet for Nevada and Lemon Sidewalks and Lighting Project (CIP No. 8355)
4. FY 2023 Community Project Funding Grant Agreement No. B-23-CP-CA-0157
04/25/2023 C10 Page 2 of 30
00029213 6
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING GRANT AGREEMENT SUBMISSION FOR SPECIFIED GRANT FUNDS FROM BUDGET ACT FOR FISCAL YEAR 2023 The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The Department of Housing and Urban Development (HUD) has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Vista, setting up necessary procedures governing application(s); and
B. Said procedures established by HUD require the City Council to certify by resolution the approval of project agreement before submission of said applications to the State; and
C. The City of Vista will enter into a contract with the HUD to complete the Sidewalk Improvement and Enhanced Streetlight Project- Townsite project.
2. Action.
A. The City Council approves the filing of project grant agreement for the above specified grant project and
B. The City Council certifies that the City has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and C. The City Council certifies that the City has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and D. The City Manager, or his/her designee is authorized to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and
E.The City Council agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on April 25, 2023, by the following vote:
04/25/2023 C10 Page 3 of 30EXHIBIT 1
RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00029213 6EXH1 2023- Resolution Grant Agreement Submission_ Sidewalk Improve.docx AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20230413162436
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
04/25/2023 C10 Page 4 of 30
00029213 7
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AMENDING THE CAPITAL PROJECT BUDGET FOR FISCAL YEARS 2022/23 AND 2023/24
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. On June 28, 2022, the City Council adopted Resolution 2022-108 approving the Six-Year Capital Improvement Program, the Capital Project Budget for Fiscal Years 2022/23 and 2023/24, and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 capital projects.
B. The City Council desires to amend the Capital Project Budget at this time to reflect changed circumstances.
2. Action.
A. The Capital Project Budget for Fiscal Years 2022/23 and 2023/24 is amended as set forth in Exhibit A.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on April 25, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20230415134757
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
04/25/2023 C10 Page 5 of 30EXHIBIT 2
RESOLUTION NO. 2023-
CITY COUNCIL FOR THE CHARTERED CITY OF VISTA
PAGE 1 EXHIBIT A
1. Account Number Account Description Increase Decrease 1170028.427100.8355 Revenue 2,231,000$
1176209.578999.8355 Source Appropriation 2,231,000$
Appropriations are hereby made and estimated revenues are hereby adjusted to fund the Nevada and Lemon Sidewalks and Lighting Project (CIP No. 8355).
04/25/2023 C10 Page 6 of 30
Nevada and Lemon Sidewalks and Lighting PROJECT #:8355
City of Vista
Six-Year Capital Improvement Program
FYs 2022/23 and 2023/24 Capital Project Budget NEW FY22-24 CP04/25/2023 C10 Page 7 of 30EXHIBIT 3
8355 PROJECT CATEGORY
PROJECT MANAGER
STATUS
16,080
10,720
-
382,255
1,579,352
96,080
23,500
IMPACT ON OPERATING BUDGET -
123,013
-
$ 2,231,000
Prior Years'
Expenditures
FY 2020/21
Expenditures &
Carryover
FY 2022/23
New
Appropriation
FY 2023/24
New
Appropriation
FY 2024/25
Projected
FY 2025/26
Projected
FY 2026/27
Projected
FY 2027/28
Projected
Projected Six-
Year Total
Project
Projected
Grand Total
117 Federal Earmark - - 2,231,000 - - - - - 2,231,000 2,231,000 - - - - - - - - - -
- - - - - - - - - -
- - - - - - - - - -
- - - - - - - - - -
-$ -$ 2,231,000$ -$ -$ -$ -$ -$ 2,231,000$ 2,231,000$ Fund Description
Totals:
DESCRIPTION
Detailed Design
Project Totals:
Landscape & Maintenance
Contingency
Furniture, Fixtures, Equip.
A design contract is expected to be awarded in Spring 2023 and completed by the end of the year. Constructiuon is anticipated to start and be completed in 2024.
None.
Construction Support
Construction
Land/Right-of-Way
Environmental
Pre-Design
SUMMARY OF USES
Construct sidewalks along the north side of Nevada Avenue and along the west side of Lemon Avenue providing a continuous accessible pathway from N. Santa Fe Avenue to Townsite Drive. The project will also include enhanced lighting to fill in areas where there are no street lights, pop outs to reduce pedestrian crossing distance, and green streets storm water improvements.
SUMMARY OF SOURCES
StreetsPROJECT NUMBER
PROJECT NAME Gabe Grewe
Project Management
Nevada and Lemon Sidewalks and Lighting
FYs 2022/23 and 2023/24 Capital Project Budget NEW FY22-24 CP04/25/2023 C10 Page 8 of 30
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0157
Grantee Name: City of Vista
Grantee Address: 200 Civic Center Dr. Vista, CA 92084
Grantee's Unique Entity Identifier (UEI):
Grantee's Employer Identification Number (EIN)
Federal Award Identification Number (FAIN) B-23-CP-CA-0157 Assistance Listing Number and Name 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants
Period of Performance/Budget Period Start Date Date of grant obligation Period of Performance/Budget Period End Date August 31, 2031 This Grant Agreement between the Department of Housing and Urban Development (HUD) and City of Vista (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2023 (Public Law 117-328) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on December 20, 2022 (Explanatory Statement).
In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows:
ARTICLE I. Definitions
The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise.
Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date.
Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date.
ARTICLE II. Total Grant Amount
Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $2,231,000 available to the Grantee.
ARTICLE III. Award-Specific Requirements
A.Federal Award Description. The Grantee must use the Federal funds provided under this Grant Agreement (Grant Funds) to carry out the Grantee’s “Project.” Unless changed in accordance with Article III, section C of this Grant Agreement, the Grantee’s Project shall be as described in the Project Narrative that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this Grant Agreement.
04/25/2023 C10 Page 9 of 30EXHIBIT 4
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0157
B. Approved Budget. The Grantee must use the Grant Funds as provided by the Approved Budget. Unless changed in accordance with Article III, section C of this Grant Agreement, the Approved Budget shall be the line-item budget that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved line-item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant Agreement.
C. Project and Budget Changes. All changes to the Grantee’s Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD’s approval for a change in the Project or Approved Budget, the Grantee must submit a formal letter to the Director of HUD’s Office of Economic Development - Congressional Grants Division through the assigned Grant Officer. The letter must be submitted by email to the assigned Grant Officer and must provide justification for the change. The email submitting the letter must also include a revised project narrative or revised line-item budget, as applicable, that includes the requested change. The Grantee is prohibited from making project or budget changes that would conflict with the Applicable Appropriations Act Conditions described in Article III, section D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD’s website. The HUD Office of Economic Development – Congressional Grants Division will notify the Grantee in writing, by email, whether HUD approves or disapproves the change. Before the Grantee expends Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308, the Grantee must update its grant information in Disaster Recovery Grant Reporting (DRGR) to reflect that change.
D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant Funds as provided by the Consolidated Appropriations Act, 2023 and the Explanatory Statement are hereby incorporated and made part of this Grant Agreement. In the event of a conflict between those conditions, the conditions provided by the Act will govern. The Grant Funds are not subject to the Community Development Block Grants regulations at 24 CFR part 570 or Title I of the Housing and Community Development Act of 1974.
E. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. As authorized under 2 CFR 200.307(e)(2), program income may be treated as an addition to the Federal award, provided that the Grantee uses that income for allowable costs under this Grant Agreement. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. Any program income that cannot be expended on allowable costs under this Grant Agreement must be paid to HUD before closeout of the grant, unless otherwise specified by an applicable Federal statute. 04/25/2023 C10 Page 10 of 30
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0157
F. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee’s indirect cost rate information is as provided in Appendix 3 to this Grant Agreement. Unless the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD upon any change in the Grantee’s indirect cost rate during the Period of Performance, so that HUD can amend the Grant Agreement to reflect the change if necessary. Consistent with 2 CFR Part 200, Appendix III (C.7), if the Grantee is an Institution of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD, the Grantee may use only that rate for its indirect costs during the Period of Performance.
G. The Grantee must comply with any specific award conditions that HUD may attach to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement.
H. The Grantee is responsible for managing the Project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project, the grant closeout, and compliance with all applicable federal requirements. The Grantee may subaward all or a portion of its funds to one or more subrecipients, as identified in the Project Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308.
All subawards made with funding under this Grant Agreement are subject to the subaward requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement. The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. A subaward may be made to a for-profit entity only if HUD expressly approves that subaward and the for-profit entity is made subject to the same Federal requirements that apply to all other subrecipients, including the requirements 2 CFR part 200 provides for a “non-Federal entity” that receives a subaward.
ARTICLE IV. General Federal Requirements
A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the responsibilities for environmental review and decision- making and action, as specified and required in regulations issued by the Secretary pursuant to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58.
B. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe or Alaskan Native Village, within which the Project is located and which exercises land use responsibility, to act as Responsible Entity and assume all of the responsibilities for environmental review and decision-making and action as specified in paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee under 24 CFR Part 58.
04/25/2023 C10 Page 11 of 30
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0157
C. After December 29, 2022, neither the Grantee nor any of its contractors, subrecipients and other funding and development partners may undertake, or commit or expend Grant Funds or local funds for, project activities (other than for planning, management, development and administration activities), unless a contract requiring those activities was already executed on or before December 29, 2022, until one of the following occurs: (i) the Responsible Entity has completed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds; (ii) the Responsible Entity has determined and documented in its environmental review record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b); or (iii) HUD has performed an environmental review under 24 CFR part 50 and has notified Grantee in writing of environmental approval of the activities.
D. Following completion of the environmental review process, the Grantee (recipient) shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and mitigation measures adopted through the environmental review process are carried out during project development and implementation.
E. The Grantee must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements. If the Grantee is a Tribe or a Tribally Designated Housing Entity (TDHE) as established under 24 CFR 1000.206, the Grantee must comply with the nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination requirements in 24 CFR 5.105(a). The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of the Grantee’s Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD-27061).
F. The Grantee must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If 2 CFR part 200 is amended to replace or renumber sections of part 200 that are cited specifically in this Grant Agreement, the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendments become effective.
G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 (“System for Award Management and Universal Identifier Requirements”) and the Award Term in Appendix A to 2 CFR Part 170 (“Reporting Subawards and Executive Compensation”), which are hereby incorporated into and made part of this Grant Agreement.
H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee Integrity and Performance Matters in Appendix 4 to this Grant Agreement. 04/25/2023 C10 Page 12 of 30
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0157
I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal con tracts, grants, or loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. The Grantee must include in its award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using Standard Form- LLL (SF-LLL), “Disclosure of Lobbying Activities.” In addition, the Grantee must obtain the executed certification required by Appendix A and an SF-LLL from all covered persons. “Person” is as defined by 24 CFR Part 87. Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage of the Byrd Amendment. State-recognized Indian tribes and TDHEs established only under state law must comply with this requirement.
J. The Grantee must comply with drug-free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988, Pub. L. 100-690, Title V, Subtitle D (41 U.S.C. 701-707).
K. The Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that receives Federal financial assistance for a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance
L. If Grant Funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre-1978 housing, you must comply with the lead-based paint evaluation and hazard reduction requirements of HUD's lead- based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead- based paint rules (e.g., Repair, Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40 CFR part 745)).
M. The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u, and HUD’s regulations at 24 CFR part 75, as applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3.
Grantees that are not exempt from Section 3 must submit annual reports of Section 3 04/25/2023 C10 Page 13 of 30
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0157
accomplishment Performance Measures in DRGR in January of the calendar year.
This report reflects Section 3 accomplishments for the previous calendar year.
N. The Grantee must not use any Grant Funds to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including energy-related, communication-related, water-related, and waste water-related infrastructure), other structures designated for use by the general public or with other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107 - 118). Public use does not include economic development that primarily benefits private entities.
O. The Grantee must not use any Grant Funds to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography.
This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
P. The Grantee must administer its Grant Funds in accordance with the Conflict of Interest requirements set forth in Appendix 6 of this Grant Agreement.
Q. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as incorporated and supplemented by HUD’s regulations at 2 CFR part 2424.
R. The Grantee must comply with the award term and condition regarding trafficking in persons in Appendix 7 of this Grant Agreement.
S. The assurances and certifications the Grantee has made and submitted to HUD are incorporated by this reference and made part of this Grant Agreement.
ARTICLE V. Drawdown Requirements
A. The Grantee may not draw down Grant Funds until HUD has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable.
B. The Grantee must use HUD’s Disaster Recovery Grant Reporting (DRGR) system to draw down Grant Funds and report to HUD on activities.
C. The Grantee must enter activity and budget information in DRGR that is consistent with the Grantee’s Project and Approved Budget as described in Article III, sections A and B of this Grant Agreement and complies with HUD’s instructions for entering information in DRGR found in the document titled “Grant Award Instructions” that accompanies the Grant Agreement.
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FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0157
D. The Grantee must only enter activities in DRGR that are described in the Approved Budget.
E. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR.
F. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement.
G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article VI of this Grant Agreement. The Grantee must expend program income before drawing down Grant Funds through DRGR.
H. Notwithstanding any other provision of this grant agreement, HUD will not be responsible for payment of any Grant Funds after the date Treasury closes the account in accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised to make its final request for payment under the grant no later than September 15, 2031.
ARTICLE VI. Program-Specific Reporting Requirements
In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program-specific reporting requirements apply to the Grantee:
A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the reporting period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6- month reporting period. The first of these reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD.
B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplishments to the objectives of the Project as described in Article III, section A of this Grant Agreement, the reasons why established goals were not met, if appropriate, and additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.
C. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants.gov website ( https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html) . 04/25/2023 C10 Page 15 of 30
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-CA-0157
D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report in DRGR and identify the corrections the Grantee must make.
E. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report.
F. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website
( https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html) . This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and 200.314(a).
ARTICLE VII. Project Closeout
A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement.
B. The Grantee must submit to HUD a written request to closeout the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A of this Grant Agreement.
HUD will then send the Closeout Agreement and Closeout Certification to the Grantee.
C. At HUD's option, the Grantee may delay initiation of project closeout until the resolution of any findings as a result of the review of semi-annual activity reports in DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings.
D. The Grantee recognizes that the closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on-site inspection of property acquired or improved with Grant Funds.
E. No later than 120 calendar days after the Period of Performance, Grantees shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Closeout Agreement.
3. A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability 04/25/2023 C10 Page 16 of 30
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requirements of 2 CFR part 200, subpart E); a certification of the costs; and the amounts and sources of other project funds.
4. A final performance report providing a comparison of actual accomplishments with the objectives of the Project, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns.
5. A final property report, if specifically requested by HUD at the time of closeout.
ARTICLE VIII. Default
A default under this Grant Agreement shall consist of any use of Grant Funds for a purpose other than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee’s submissions to HUD in anticipation of this award. If the Grantee fails to comply with the terms and conditions of the Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2 CFR part 200, as may be amended from time to time. If HUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time.
HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agreement shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third party.
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ARTICLE IX. HUD Contact Information
Except where this Grant Agreement specifically states otherwise, all requests, su bmissions, and reports the Grantee is required to make to HUD under this Grant Agreement must be made in writing via email to [email protected].
This agreement is hereby executed on behalf of the Grantee and HUD as follows:
GRANTEE
(Name of Organization)
BY:
(Signature of Authorized Official)
(Typed Name and Title of Authorized Official)
(Date)
HUD
BY:
Robin J. Keegan,
Deputy Assistant Secretary for Economic Development
(Date)
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APPENDIX 1 – Project Narrative
1. Name of the Project: City of Vista Sidewalk Improvement and Enhanced Street Lighting Project- Townsite
2. Project Description:
The City of Vista requests $2,231,000 for its Sidewalk Improvement and Enhanced Street Lighting Project. This project will result in the installation of frontage improvements along the southside of Nevada Avenue, from N. Santa Fe Avenue to Lemon Avenue, and eastside of Lemon Avenue, from Nevada Avenue to Raintree Place. More than 11,000 people— including nearly 4,000 children and 500 seniors—call this neighborhood (Townsite) home. An estimated 200 households lack access to a vehicle, and instead rely on public transportation and pedestrian mobility. Discretionary funding from the surface transportation authorization legislation to improve sidewalks on Nevada Avenue and Lemon Avenue will make this Vista neighborhood safer; improve residents’ overall well-being; and provide protected access to multimodal transit, neighborhood schools, other community resources, and businesses.
Poder Popular—a Vista-based community group that trains residents in leadership, advocacy, and civic action—alerted the City of Vista to the community’s desire for sidewalks along Nevada Avenue and Lemon Avenue. This specific location was identified by Poder Popular during one of their Resident Leader Academy outreach programs. In the Resident Leader Academy, intergenerational groups of Vistans learn about access to healthy foods, safe active transportation, and the creation of a cohesive community. One Academy session is dedicated to exploring the principles of Safe and Walkable Communities. The participating Vistans were residents of the Townsite neighborhood, one of Vista’s most dense and economically disadvantaged neighborhoods, and their daily experiences on their neighborhood streets provided valuable insight to the community needs. Their feedback identified key barriers to walkability including high vehicle speeds, parked cars or other objects impeding visibility of pedestrians and vehicles, and lack of wheelchair- accessible paths.
While the City prioritizes building sidewalks in under-resourced, CDBG-eligible neighborhoods using funding from HUD (and Vista pedestrian mobility sidewalks are included in the SANDAG RTIP as VISTA55), many of the streets in the Townsite neighborhood have sidewalk deficiencies, so the need is great. Receiving discretionary funding will allow the City of Vista to accelerate its timeline for sidewalk improvements on Nevada Avenue and Lemon Avenue, improving residents’ safety, providing access to the major transportation artery of N. Santa Fe Avenue and multimodal transit opportunities, and reducing pollutants caused by single-occupancy vehicle traffic through increased pedestrian mobility.
In addition to sidewalk improvements, the City requests funding to enhance street lighting throughout the Townsite neighborhood. Improved street lighting will ensure neighborhood streets and pedestrian facilities are safe at all hours and potentially discourage criminal acts.
Specific activities to be conducted using discretionary funding include:
• Frontage improvements that consist of road widening and the installation of new curbs, gutters, driveways, and sidewalks;
• The installation of ADA concrete corner ramps at every corner to provide access for people with disabilities;
• The relocation of water meters and fire hydrants; and • The restriping of the streets with typical road markings and highly visible pedestrian crosswalks to increase safety for pedestrians.
• Installation of new street lights throughout Townsite neighborhood.
This design of this project is set to begin; no construction has begun. CPF funds will be used for the entirety of the project, there will not be any non-CPF funds used for the project.
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APPENDIX 2 – Approved Budget
Sidewalk Improvement and Enhanced Street Lighting Project- Townsite
1. Overall budget
Project: Nevada/Lemon-Sidewalks & Lighting. CIP No. 8355 Location: Nevada Avenue and Lemon Avenue- Townsite neighborhood Agency: City of Vista
Date: 4/12/2023
Budget Item Cost Notes
Admin $23,500.00
Predesign $16,080.00 COV costs for developing project, issuing and evaluating Design RFPs.
Design $382,255.00 Civil Engineer Design Firm, Lighting Design, Stormwater Design, Surveying, Geotechnical Evaluation, COV Design
Management
Environmental
Review
$10,720.00
Construction (See
Construction
Estimate Tab)
$1,579,352.19
Construction
Management
$64,000.00 Construction Management, Material Testing, Construction Survey Staking
Construction
Inspection
$32,080.00
Contingency $123,012.81
Total $2,231,000.00
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Project:Nevada/Lemon-Sidewalks & Lighting. CIP No. 8355 Location:Nevada Avenue and Lemon Avenue- Townsite Neighborhood Agency:City of Vista
Prepared By:Gabe Grewe
Date:4/12/2023
Item #Item Description Unit Quantity Unit Cost Amount
1 Mobilization, Demobilization, Bonds & Insurance. (5% Maximum of Total Base Bid)LS 1 $45,000.00 $45,000.00
2 Project Information Sign.EA 2 $1,150.00 $2,300.00
3 Public Notification per Supplementary General Provisions, Section 7-
12.2.LS 1 $6,000.00 $6,000.00
4 Storm Water Pollution Prevention, SWPPP, and Erosion Control.LS 1 $48,000.00 $48,000.00 5 Traffic Control and Construction Staging.LS 1 $25,000.00 $25,000.00 6 Utility Potholing and Coordination. LS 1 $8,000.00 $8,000.00 7 Record Drawing (“As-Built”) Plans. (Stipulated Amount)LS 1 $2,000.00 $2,000.00 8 Clearing, Grubbing, Saw cutting, and Removals of Existing Vegetation, Roots, Concrete, Asphalt, and other Existing Improvements Interfering with New Work.LS 1 $60,000.00 $60,000.00
9 Relocate, Reconstruct, or Replace Existing Mailbox and Post per City of Vista Standard Drawing SRF-04 Including Reflective Address Numbers on Front and Side of Mailbox. (2” Minimum)EA 30 $500.00 $15,000.00 10 Replace street signs in new sidewalk EA 7 $500.00 $3,500.00 11 Move Street Light Pole and electrical EA 2 $10,000.00 $20,000.00 12 New Street Light, LED Single Head EA 6 $15,000.00 $90,000.00 13 Reconfigure Existing Private Irrigation Systems and Replace Turf and Groundcover to Match Existing Private Landscaping Disturbed by Construction. Install Sleeves Under Sidewalk.LS 1 $30,000.00 $30,000.00 14 Install Gravity Retaining Wall SF 500 $150.00 $75,000.00 15 Unclassified Excavation and Fill.LS 1 $40,000.00 $40,000.00 16 Install 3” Sidewalk Underdrain per SDRSD D-27.EA 30 $500.00 $15,000.00 17 Stormwater Treatment System (Tree Wells, Iirrigation, Storm Drain, etc.)LS 1 $174,000.00 $174,000.00
18 Install 6” Type ‘G’ Curb and Gutter per SDRSD No. G-02 on 6-inches of Class II Aggregate Base and Pavement Restoration per COV SRF-13.LF 1965 $80.00 $157,200.00 19 Install Type C Curb Ramp per SDRSD No. G-29 on 6" of Class II Aggregate Base EA 9 $8,000.00 $72,000.00
20 4” PCC Sidewalk per SDRSD G-07 and G-09 on 6-inches of Class II Aggregate Base. SF 4000 $15.00 $60,000.00
21 4” PCC sidewalk per SDRSD G-07 and G-09 with Monolithic Retaining Curb on 6-inches of Class II Aggregate Base. Width per Appendix M.SF 4000 $17.00 $68,000.00 22 Remove and Replace 5.5” PCC Residential Driveway Entrance per SDRSD Nos. G-14A, G-14B & G14F on 6-inches of Class II Aggregate Base.SF 5220 $30.00 $156,600.00
23 Remove and Replace 7.5” PCC Commercial Driveway Entrance per SDRSD Nos. G-14A, G-14B & G14F on 6-inches of Class II Aggregate Base.SF 500 $35.00 $17,500.00
24 Header/Edge Cut. (1.5-inch to 0-inch)SF 17864 $.48 $8,574.72 25 2” Leveling Course. (Use 155 lbs/cf for Estimating Quantities)TN 500 $149.00 $74,500.00 26 AC Fabric. (Petromat Enviro) SY 4800 $7.25 $34,800.00 27 1.5” PMAC Overlay. (Use 155 lbs/cf for Estimating Quantities)TN 460 $112.00 $51,520.00 28 Lemon Road Parking Area Widen 6" AC Depth TN 270 $149.00 $40,230.00 29 Remove and Install new 36-inch Manhole Frame and Cover to Finish Grade.EA 6 $3,300.00 $19,800.00
30 Adjust Water Valve Cover to Finish Grade. (Stipulated amount)EA 15 $150.00 $2,250.00 31 Replace All Existing Thermoplastic Crosswalks, STOP, and Stop Bars. LS 1 $6,000.00 $6,000.00 32 Replace All Existing Striping. (2 coats)LS 1 $8,000.00 $8,000.00 1,435,774.72$
143,577.47$
1,579,352.19$ Total:
ENGINEER'S CONSTRUCTION COST ESTIMATE
Sub Total:
Construction Contingency (10%):
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APPENDIX 3 – Grantee’s Indirect Cost Rate Information
Subject to the applicable requirements in 2 CFR part 200 (including its appendices), the Grantee will use an indirect cost rate as represented by the Grantee below:
The Grantee will not use an indirect cost rate to charge its indirect costs to the grant.
The Grantee will use the indirect cost rate(s) identified in the table below to charge its indirect costs to the grant.
Agency/Dept./Major Function Indirect cost rate
%
Direct Cost Base
%
[PLEASE NOTE: The grantee must check one of the two boxes above. If the second box is checked, the corresponding table must be filled out as described below.
The table must include each indirect cost rate that will be used to calculate the Grantee’s indirect costs under the grant. The table must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients.
For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR 200.414), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR 200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
For nonprofit organizations that use the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied.]
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APPENDIX 4 –
Award Term and Condition for Grantee Integrity and Performance Matters
Reporting of Matters Related to Grantee Integrity and Performance
1. General Reporting Requirement
If the total value of the Grantee’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then during that period of time the Grantee must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performan ce system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.
2. Proceedings About Which Grantee Must Report
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and the Grantee’s payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), ( 2), or (3) of this award term and condition;
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(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Grantee’s part; and
(iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. The Grantee does not need to submit the information a second time under assistance awards that the Grantee received if the Grantee already provided the information through SAM because the Grantee was required to do so under Federal procurement contracts that the Grantee was awarded.
4. Reporting Frequency
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that the Grantee has not reported previously or affirm that there is no new information to report. If the Grantee has Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, the Grantee must disclose semiannually any information about the criminal, civil, and administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts includes—
(1) Only the Federal share of the funding under any Federal award with a cost share or match requirement; and
(2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.
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APPENDIX 5 – Specific Award Conditions
NONE.
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APPENDIX 6 – Conflict of Interest Requirements
1. Conflicts Subject to Procurement Regulations. When procuring property or services, the grantee and its subrecipients shall comply with the applicable conflict-of-interest rules in 2 CFR 200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318(c), the Grantee and its subrecipients must follow the requirements contained in paragraphs 2-5 below.
2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee or subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including a stepparent), child (including a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in-laws of a covered person.
3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the Grantee’s written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the Grantee’s Project, taking into account the cumulative effects of the factors in paragraph (v).
4. Threshold requirements for exceptions. HUD will consider an exception only after the Grantee has provided the following documentation:
a. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how that disclosure was made; and
b. An opinion of the Grantee's attorney that the interest for which the exception is sought would not violate state or local law.
5. Factors to be considered for exceptions. In determining whether to grant a requested exception after the Grantee has satisfactorily met the threshold requirements in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable:
a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available;
b. Whether an opportunity was provided for open competitive bidding or negotiation;
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will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class;
d. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process regarding the assisted activity in question;
e. Whether the interest or benefit was present before the affected person was in a posit ion as described in paragraph (ii);
f. Whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and
g. Any other relevant considerations.
6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any potential conflict of interest.
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APPENDIX 7 – Award Term and Condition Regarding Trafficking in Persons
The following award term and condition, which is required by 2 CFR part 175, applies as written:
a. Provisions applicable to a grantee that is a private entity.
1. You as the grantee, your employees, subrecipients under this award, and subrecipients' employees may not—
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity:
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either—
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR 2424.
b. Provision applicable to a grantee other than a private entity.
We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either:
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i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR 2424.
c. Provisions applicable to any grantee.
1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1. “Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.
2. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 04/25/2023 C10 Page 29 of 30
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3. “Private entity”:
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
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