AGREEMENT is effective as of this day of,
by and between the
(herein called the Recipient) and the Alabama Department of Economic
and Community Affairs (herein called ADECA).
execution of the Acceptance Provisions of this Agreement, ADECA
agrees to provide to the Recipient the Federal assistance under Title
I of the Housing and Community Development Act of 1974, as amended,
(P.L. 93-383) authorized by the Letter of Conditional Commitment.
Such assistance is subject to the terms and conditions of this
Agreement, all applicable laws, and regulations, and all other
requirements of ADECA or HUD now or hereafter in effect. The
Agreement is effective with respect to such assistance as of the date
specified in the paragraph above and consists of (1) the Letter of
Conditional Commitment and submissions made with respect thereto; (2)
the ADECA approved application specified herein, including any
Assurances, certifications, maps, schedules or other submissions; (3)
the HUD Community Development Block Grant Regulations at 24 CFR Part
570, Subpart I, and State Policies; (4) the State of Alabama Small
Cities Community Development Block Grant Program Action Plan; and (5)
the following General Terms and Conditions:
Except to the extent modified or supplemented by the Agreement, any
term defined in Title I of the Housing and Community Development Act
of 1974, as amended, or the HUD Community Development Block Grant
Regulations at 24 CFR Part 570, Subpart I, shall have the same
meaning when used herein.
means this Agreement, as described above and any amendments or
means the entity designated as such in the Letter of Conditional
means each entity designated as a recipient for grant or loan
assistance in the Letter of Conditional Commitment and signing the
acceptance provisions as Recipient under the Agreement.
when capitalized, means the certifications and assurances submitted
with grant application pursuant to the requirements of 24 CFR Part
570, Subpart I.
provided under this Agreement means the grants and any loans secured
by loan guarantees provided under this Agreement.
of Conditional Commitment means the letter from the Director of the
Alabama Department of Economic and Community Affairs approving the
Community Development Block Grant application and setting forth
requirements which shall be satisfied prior to execution of the grant
means the community development program, project, or other
activities, including the administration thereof, with respect to
which assistance is being provided under this Agreement.
WHEREAS, ADECA desires to engage the
Recipient to carry out certain activities or services hereinafter
described in connection with an undertaking which is expected to be
financed or partially financed under the State Community Development
Block Grant Program.
THEREFORE, the parties hereto do mutually agree as follows:
hereby agrees to engage the Recipient and the Recipient hereby agrees
to carry out the activities hereinafter set forth in connection with
the Community Development Block Grant Program of ADECA under the
Community Development Block Grant Project Number .
recipient, in assisting ADECA during the Agreement period and with
the funds provided in the Agreement, shall perform all the necessary
services provided under this Agreement, except as may be provided for
under Paragraph I.
Recipient agrees to do, perform and carry out in an expedient,
satisfactory and proper manner, as determined by ADECA, the work
activities and administrative services described in the Recipient's
Application (as amended) Community Development Block Grant Project
to ADECA for financial assistance. The Recipient further agrees that
all activities carried out under this Agreement shall satisfy all
requirements of ADECA and shall be as described in the ADECA approved
application unless otherwise expressly directed by ADECA.
Recipient agrees to permit and to facilitate review of the work
hereunder by ADECA, at Montgomery or at other places as ADECA may
Recipient shall submit to ADECA progress reports describing the
progress of work under this Agreement when requested by ADECA.
shall be the responsibility of the Recipient when necessary to hire
personnel or to contract for the work to be performed as set out in
the scope of services. All persons hired or under contract shall be
fully qualified and shall be authorized or permitted under State and
local law to perform such services.
Recipient shall forward a sampling of all contracts or subcontracts
for work or services covered by the Agreement to ADECA when requested
retains the right to rescind all or any part of funds committed by
this Agreement and the “Letter of Conditional Commitment.” Such
right may be exercised if action or the lack of action, by the
Recipient indicates that the proposed activities are not progressing
according to the “Local Program Implementation Schedule”
submitted to ADECA with respect to the Letter of Conditional
The Recipient by execution of this
Agreement certifies that the Recipient will implement proposed
activities substantially in compliance with the “Local Program
Implementation Schedule” and failure to do so may affect
Recipient’s continuing capacity in future funding decisions.
ADECA agrees to pay to the Recipient
a sum on a cost incurred basis, not to exceed the total of $
for the services contained in this Agreement, upon the terms of this
Agreement set forth in Paragraph L.
OF AGREEMENT FOR CAUSE
through any cause, the Recipient shall fail to fulfill in a timely
and proper manner its obligations under this Agreement or if the
Recipient shall violate any of the covenants, agreements or
stipulations of this Agreement, ADECA shall thereupon have the right
to terminate or suspend this Agreement by giving written notice to
the Recipient of such termination or suspension and specifying the
effective date thereof, at least five days before such effective
date. (In the event, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs, computer
tapes, computer programs, and reports prepared by the Recipient under
this Agreement shall, at the option of ADECA, become its property.)
The Recipient shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents
and other materials.
Notwithstanding the above, the
Recipient shall not be relieved of liability to ADECA for damages
sustained by ADECA by virtue of any breach of the Agreement by the
Recipient and ADECA may withhold any payments to the Recipient for
the purpose of setoff until such times as the exact amount of damages
due ADECA from the Recipient is determined.
or Recipient may terminate this Agreement at any time by giving
written notice of such termination and specifying the effective date
thereof, at least 15 days before the effective date of such
termination. In that event, all finished or unfinished documents and
other materials as described in Paragraph E above shall, at the
option of ADECA, become its property. If the Agreement becomes
terminated by ADECA as provided herein, the Recipient will be paid an
amount which bears the same ratio to the total compensation as the
satisfactory services actually performed bear to the total services
of the Recipient covered by this Agreement, less payments as
compensation previously made. Provided however, that if less than 60
percent of the services covered by this Agreement have been performed
upon the effective date of such termination, the Recipient shall be
reimbursed (in addition to the above payment) for that portion of the
actual out-of-pocket expenses (not otherwise reimbursed under this
Agreement) incurred by the Recipient during the Agreement period
which are directly attributable to the uncompleted portion of the
services covered by this Agreement. If this Agreement is terminated
due to the fault of the Recipient, Paragraph E hereof, relative to
termination, shall apply.
may, from time to time, request changes in the scope of the services
of the Recipient to be performed hereunder. Such changes including
any increase or decrease in the amount of the Recipient's
compensation, which are mutually agreed upon by and between ADECA and
the Recipient, shall be incorporated in written amendments to this
the above, ADECA may, from time to time, approve a revision to the
CDBG program budget without a formal written amendment to this
Agreement. However, for this revision to be valid, it shall be on a
standard "CDBG Budget/Final Financial Report" form and
carry the signature of the ADECA Director or his assignee. In no
case, shall the revision to the budget change the total grant amount
identified in Subpart D without a formal amendment.
OF MEMBERS OF ADECA AND OTHERS
officer, member or employee of ADECA who exercises any functions or
responsibilities in the review or approval of the undertaking or
carrying out of this project shall: (a) participate in any decision
relating to this Agreement which affects his personal interest or the
interest of any corporation, partnership, or association in which he
is directly, or indirectly interested; or, (b) have any interest,
direct or indirect, in this Agreement or the proceeds thereof.
member of, or delegate to, the Congress of the United States of
America and, no Resident Commissioner shall be admitted to any share
or part thereof or to any benefit to arise there from.
AND INTEREST OF THE MUNICIPALITY
Recipient shall not assign any interest in this Agreement, and shall
not transfer any interest in the same (whether by assignment or
novation), without the prior written consent of ADECA thereto.
Provided however, that claims for money due, or to become due to the
Recipient from ADECA under this Agreement may be assigned to a bank,
trust company, or other financial institution without such approval.
Notice of such assignment or transfer shall be furnished promptly to
Recipient covenants that he presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of services required to be
performed under this Agreement. The Recipient further covenants that
in the performance of this Agreement no person having any such
interest shall be employed.
FEDERAL AND STATE LAWS
Agreement is subject to the regulations of the Department of Housing
and Urban Development, 24 CFR Part 570, Subpart I, as published for
effect and as may be amended from time to time.
herein as part of this Agreement are the Certification and Assurances
signed by the Recipient as part of the Application for State
Community Development Block Grant Funds.
Agreement further renders the Recipient responsible for compliance
with all applicable Federal or State laws, Executive Orders, and
Regulations in administering funds provided under this Agreement.
Such Laws, Executive Orders, and Regulations include but are not
limited to the following:
Law 88-352 (Title VI of the Civil Rights Act of 1964) and HUD
Regulations to further the Act which are contained in 24 CFR Part I.
Law 90-284-Title VIII of the Civil Rights Act of 1968, amended by the
Community Development and Housing Act of 1974 to include prohibition
against discrimination based on sex. The Fair Housing Law provides
protection against discrimination based on race, color, religion,
sex, or national origin.
Order 11063 as amended by Executive Order 12259 to provide for Equal
Opportunity in Housing. HUD Regulations contained in 24 CFR part
109 of the Housing and Community Development Act of 1974, as amended
to incorporate provisions of the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973.
110 of the Housing and Community Development Act of 1974, as amended,
which requires compliance with the Copeland "Anti Kickback"
Act (18 U.S.C. 874); the Davis-Bacon Act (40 U.S.C. 276a-276a-7); the
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330),
Sections 103 and 107; and Department of Labor Regulations 29 CFR,
Parts 1,3, and 5).
104(P) of the Housing and Community Development Act of 1974, as
amended, which requires compliance with the policies of the National
Environmental Policy Act of 1969 and with other provisions of law
which further the purposes of the National Environmental Policy Act.
Such other provisions of law which further the purposes of the Act
are specified in regulations issued pursuant to the Section 104(f) of
the Housing and Community Development Act of 1974 and are contained
in 24 CFR Part 58. (The Recipient is obligated to assume
responsibility for environmental review, decision making, and action
as specified and required in regulations issued by the Secretary of
the Department of Housing and Urban Development pursuant to Section
104(f) of the Housing and Community Development Act of 1974, as
II and III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646), as amended (P.L.
100-17) which provides for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal and
Federally assisted programs. These requirements apply to all
interests in real property acquired for project purposes regardless
of Federal participation in purchases.
Order 11246 regarding equal employment opportunities in construction
Hatch Act (5 U.S.C. 1501 et. seq.) regarding political activity by
3 of the Housing and Urban Development Act of 1968, amended 1969, as
amended by Section 118 of Title 1, Community Development and Housing
Act of 1974. Section 3 provides that to the greatest extent feasible
training and employment opportunities shall be made available to
lower-income residents of project areas and that contracts are
awarded to small businesses located within the project area or owned
in substantial part by project area residents. Compliance procedures
have been established by the State through the recipient's Equal
Opportunity Requirements Certification Review.
401(b) of the Lead Based Paint Poisoning Prevention Act (42 U.S.C.
and all State laws which shall be applicable under the terms and
provisions of this Agreement including but not limited to the Alabama
Competitive Bid Law and any State permitting requirements.
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments" (also known as the
Common Rule) as adopted and modified by the Alabama Department of
Economic and Community Affairs.
The Recipient is required to give
access to ADECA, the Federal grantor agency, the Comptroller General
of the United States, or any of their duly authorized representatives
to any books, documents, papers, and records of the Recipient which
are directly pertinent to that specific contract for the purpose of
making audit, examination, ADECA compliance monitoring examination,
excerpts, and transcriptions.
Recipient is required to keep all records for five years past
notification by the State that the project has been closed out or all
audit findings have been resolved whichever is longer.
504 of the Rehabilitation Act of 1973, as amended, provides that no
otherwise qualified individual shall, solely by reason of his or her
handicap, be excluded from participation, including employment; be
denied program benefits; or be subjected to discrimination under any
program or activity receiving federal funds.
Recipient shall be responsible for complying with any and all State
laws which shall be applicable under the terms and provisions of this
Agreement including but not limited to the Alabama Competitive Bid
Law, any State permitting requirements, and the Beason-Hammon Alabama
Taxpayer and Citizen Protection Act (Act No. 2011-535 as amended by
Act No. 2012-491). By signing this contract, grant, or other
agreement, the contracting parties affirm, for the duration of the
agreement, that they will not violate federal immigration law or
knowingly employ, hire for employment, or continue to employ an
unauthorized alien within the State of Alabama. Furthermore, a
contracting party found to be in violation of this provision shall be
deemed in breach of the agreement and shall be responsible for all
damages resulting therefrom.
Requirements. Awards under
these programs are included under the provisions of P.L. 109-282, the
“Federal Funds Accountability and Transparency Act of 2006”
(FFATA). Under this statute, the State is required to report
information regarding executive compensation and all subgrants,
contracts and subcontracts in excess of $25,000 through the Federal
Subaward Reporting System (https://www.fsrs.gov/) and in accordance
with the terms found in Federal regulations at 2 CFR Part 170,
including Appendix A. Therefore, all sub recipients, who meet this
threshold, will be required to furnish this information to the
division within ADECA, which is funding the sub recipient agreement.
Specific reporting processes will be provided by the applicable ADECA
division to sub recipients. Active enrollment in the System for Award
Management is a condition of payment.
is the purpose of ADECA under this Agreement to provide to the
Recipient Federal assistance in the form of Community Development
Block Grant funds in order that the Recipient can provide certain
assistance and services as described in this Agreement.
shall be the responsibility of the Recipient to carry out the
performance of the services described herein in a satisfactory and
proper manner in accordance with all Federal, State, and local laws.
It shall be the further responsibility of the Recipient to see that
all contracts or subcontracts for said work are executed and
performed in accordance with all applicable Federal, State and local
shall not be liable for the failure on the part of the Recipient or
any contractor or subcontractor on the project to perform all work in
accordance with all applicable laws and regulations.
INCORPORATION OF SUBMISSIONS MADE
UNDER THE LETTER OF CONDITIONAL COMMITMENT
submissions made pursuant to the Letter of Conditional Commitment are
incorporated into this Agreement by reference to said Letter. The
Recipient by execution of this Agreement further certifies that:
has complied with all applicable requirements of 24 CFR Part 58 and
the Recipient's Request for Release of Funds and Certification has
been approved in writing by ADECA.
has consulted with other State agencies, as appropriate, and has
obtained applicable permits and satisfies other conditions from those
State agencies which have authority to review project applications
and/or issue permits, or retain other responsibilities in regard to
local or State projects.
ADECA and the Recipient having agreed
upon a total payment of CDBG funds of $:
1. ADECA agrees to reimburse the
Recipient for expenditures incurred in the execution of activities
stated herein not to exceed $.
Recipient agrees to match the expenditures incurred in the execution
of activities stated herein with matching cash or "in-kind"
services as shown in the State approved (original or revised) "CDBG
Budget/Final Financial Report."
Recipient agrees to adhere to the requirements of Treasury Circular
1075 with regard to the expeditious use of CDBG funds drawn down.
It is expressly understood and agreed
that in no event will the total compensation and reimbursement, if
any, to be paid hereunder exceed the maximum sum of $
for all the services required and that all payments, if any, to be
made hereunder shall be subject to and dependent on the availability
of Federal funds awarded to ADECA for the program purposes herein
OF PAYMENTS UNDER THIS AGREEMENT
under this Agreement may be suspended in the event that there is an
outstanding audit exception under any program administered by any
division of the Alabama Department of Economic and Community Affairs,
or in the event there is an amount owing to any division of the
Alabama Department of Economic and Community Affairs, or an amount
owing to the Federal government under any program administered by any
division of the Alabama Department of Economic and Community Affairs
that is not received in a reasonable and timely manner.
the grantee incur an unresolved audit exception or have unresolved
questioned costs or finding of fiscal inadequacy as a result of any
project monitoring by any division of the Alabama Department of
Economic and Community Affairs, then said Alabama Department of
Economic and Community Affairs shall not enter into any other
contract, agreement, grant, etc., with said grantee until the audit
exception or questioned cost or finding of fiscal inadequacy has been
Alabama Department of Economic and Community Affairs shall not enter
into another contract, agreement, grant, etc., with any individual,
agency, company, government under any program administered by any
division of ADECA that has not arranged a repayment schedule.
Recipient accepts the responsibility to provide for an annual audit
at the conclusion of each fiscal year. The audit and subsequent
report must meet the criteria established in the Office of Management
and Budget (OMB) Circular No. A-133 and the ADECA AUDIT POLICY dated
August 30, 1985, as revised through March 16, 1999.
Agreement, authorized by the State of Alabama on ,20
under the "Letter of Conditional Commitment" of State
Community Development Block Grant funds for application/grant number
is hereby accepted by the Applicant as Recipient under the Agreement;
and the Recipient agrees to comply, and to accept responsibility for
compliance by any public or private non-profit entity, local
development corporation, or small business investment corporation
carrying out grant activity on behalf of the Recipient with the terms
and conditions of the Agreement, applicable law, regulations and all
requirements of the State or HUD, now or hereafter in effect,
pertaining to the assistance provided.
to Act 94-414, forward a copy of every audit report issued on the
entity when the entity receives or disburses (or both) public funds
as a result of this Contract to:
of Examiners of Public Accounts
forward one copy of the audit report to:
ADECA Audit Section
P.O. Box 5690
Montgomery, AL 36103-5690
TO CONSTITUTE A DEBT OF THE STATE
is agreed that the terms and commitments contained herein shall not
be constituted as a debt of the State of Alabama in violation of
Article 11, Section 213 of the Constitution of Alabama, 1901, as
amended by Amendment No. 26. It is further agreed that if any
provision of this Contract shall contravene any statute or
Constitutional provision or amendment, either now in effect or which
may, during the course of this Contract, be enacted, then that
conflicting provision in the contract shall be deemed null and void.
The contractor’s sole remedy for the settlement of any and all
disputes arising under the terms of this agreement shall be limited
to the filing of a claim with the Board of Adjustment for the State
For any and all disputes arising under
the terms of this contract, the parties hereto agree, in compliance
with the recommendations of the Governor and Attorney General, when
considering settlement of such disputes, to utilize appropriate forms
of non-binding alternative dispute resolution including, but not
limited to, mediation by and through the Attorney General’s Office
of Administrative hearings or where appropriate, private mediators.
Recipient is prohibited from using any contractor subcontractor that
has been debarred, suspended, or otherwise excluded from
participation in federal assistance programs (Executive Order 12459).
The Recipient certifies, by entering
into this Grant Agreement, that neither it nor its principals nor any
of its subcontractors are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from entering
into its Grant Agreement by any federal agency or by any department,
agency, or political subdivision of the State. The term “principal”
for purposed of this Grant Agreement means an officer, director,
owner, partner, key employee, or other person with primary management
or supervisory responsibilities, or a person who has a critical
influence on or substantive control over the operations of the
The Recipient certifies that it has
verified the suspension and debarment status for all sub-contractors
receiving funds under this Grant Agreement and shall be solely
responsible for any recoupments or penalties that might arise from
non-compliance. Recipient shall immediately notify ADECA if any
sub-contractor becomes debarred or suspended, and shall, at ADECA’s
request, take all steps required by the Recipient to terminate its
contractual relationship with the sub-contractor for work to be
performed under this Grant Agreement.
IN WITNESS WHEREOF, The Department and
the Recipient have executed this Grant Agreement as evidenced by
their signatures below:
Alabama Department of Economic and