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25A - AGMTS - ESG
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04/19/2016
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25A - AGMTS - ESG
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Last modified
4/15/2016 11:32:12 AM
Creation date
4/14/2016 5:30:19 PM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25A
Date
4/19/2016
Destruction Year
2021
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F. LBP Information Summary <br />For purposes of information only and in no respect intended to be a representation or warranty of the provisions of <br />the LBP Regulations, the CITY has caused to be prepared an information simimary relating to the LBP <br />Regulations and Application to dwelling units that may be occupied by recipients of services and/or funding from <br />the SUBRECIPIENT under this AGREEMENT. CITY staff will cooperate with and be available to the <br />SUBRFCIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to <br />be assisted by the SUBRECIPIENT. The parties acknowledge and agree the CITY shall not be liable or <br />responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and <br />implementing guidance published and provided by HUD relating to compliance with such LBP Regulations. <br />G, Exertions <br />Section 35.115(a) provides exemptions from Subparts B through R. For example, lead -based paint requirements <br />do not apply to housing assistance if the assistance lasts less than one hundred (100) days. <br />XI. CONFLICTS OF INTEREST <br />The SUBRECIPIENT shall comply with 2 CFR 200.112 with respect to the use of program funds to procure <br />services, equipment, supplies, or other property. With respect to all other decisions involving the use of program <br />funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected <br />or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities <br />with respect to assisted activities, or who is in a position to participate in a decision malting process or gain inside <br />information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, <br />or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, <br />either for himself or herself, or for those with who he or she has family or business ties, dining his or her tenure or <br />for one (1) year thereafter. <br />The SUBRECIPIENT agrees to abide by the ESG Program's Conflict of Interest provisions as expressly detailed <br />in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All <br />contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT <br />under this section. <br />XII. ASSIGNABILITY <br />None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be <br />subcontracted or assigned to any agency, consultant, or person without the prior written consent of the CITY. The <br />SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the <br />CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT <br />pursuant to this AGREEMENT. <br />XIII. EXCLUSIVITY OF AGREEMENT <br />This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto <br />with respect to the use of the CITY's ESG Funds by the SUBRECIPIENT and contains all the covenants and <br />agreements between the parties with respect to such ESG Funds in any manner whatsoever. Each party to this <br />AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, <br />17 <br />25A -21 <br />
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