Laserfiche WebLink
DocuSign Envelope ID: AF33FDOA-51B0-4F2D-BCCA-CF1E46404197 <br />EXHIBIT 1 <br />FY 2023 COMMUNITY PROJECT FUNDING <br />GRANT AGREEMENT NO. B-23-CP-CA-0109 <br />APPENDIX 6 — Conflict of Interest Requirements <br />1. Conflicts Subject to Procurement Regulations. When procuring property or services, the <br />grantee and its subrecipients shall comply with the applicable conflict -of -interest rules in 2 CFR <br />200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR <br />2O0.318(c), the Grantee and its subrecipients must follow the requirements contained in <br />paragraphs 2-5 below. <br />2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or <br />appointed official of the Grantee or subrecipient and who exercises or has exercised any <br />functions or responsibilities with respect to assisted activities, or who is in a position to <br />participate in a decision malting process or gain inside information with regard to such activities, <br />may obtain a financial interest or benefit from the activity, or have a financial interest in any <br />contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for <br />himself or herself or for those with whom he or she has immediate family or business ties, during <br />his or her tenure or for one year thereafter. Immediate family ties include (whether by blood, <br />marriage or adoption) the spouse, parent (including a stepparent), child (including a stepchild), <br />sibling (including a stepsibling), grandparent, grandchild, and in-laws of a covered person. <br />3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the <br />Grantee's written request and satisfaction of the threshold requirements in paragraph (iv), if <br />HUD determines the exception will further the Federal purpose of the award and the effective <br />and efficient administration of the Grantee's Project, taking into account the cumulative effects <br />of the factors in paragraph (v). <br />4. Threshold requirements for exceptions. HUD will consider an exception only after the Grantee <br />has provided the following documentation: <br />a. A disclosure of the nature of the conflict, accompanied by an assurance that there has <br />been public disclosure of the conflict and a description of how that disclosure was made; <br />and <br />b. An opinion of the Grantee's attorney that the interest for which the exception is sought <br />would not violate state or local law. <br />5. Factors to be considered for exceptions. In determining whether to grant a requested exception <br />after the Grantee has satisfactorily met the threshold requirements in paragraph (iii), HUD will <br />consider the cumulative effect of the following factors, where applicable: <br />a. Whether the exception would provide a significant cost benefit or an essential degree <br />of expertise to the program or project that would otherwise not be available; <br />b. Whether an opportunity was provided for open competitive bidding or negotiation; <br />c. Whether the person affected is a member of a group or class of low- or moderate - <br />income persons intended to be the beneficiaries of the assisted activity, and the exception <br />Page 17 <br />