Common use of Pass Through Provisions Clause in Contracts

Pass Through Provisions. In addition to binding Subgrantee, the following provisions shall be included in all contracts between Subgrantee and any other contractor related to the project and shall bind all such other contractors. CONFLICT OF INTEREST: Subgrantee agrees to comply with the requirements of Section VII(B) of Attachment D to the Grant Agreement, and Agency Procedures, Chapter 9 and Chapter 10, Section 10.3 In addition, in order to avoid a conflict of interest or the appearance of undue influence, if any officer of Subgrantee or a member of Subgrantee’s Board of Directors is employed by Grantee or holds an elective or appointive municipal office in Grantee, such person shall not participate in any discussions regarding, attend any public hearing concerning, vote upon or take any action with respect to any matter involving this Agreement or the Project for the longer period of: from the date of execution of this Agreement until five years after the Completion Date set forth in the Grant Agreement, or during a person’s tenure with Grantee and for one year thereafter. No person described in paragraph 1 of this section, nor any person with whom such a person has family or business ties, may participate in a decision-making process or gain inside information with regard to the activities funded by VCDP, obtain a financial interest in or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, for the applicable time period set forth in paragraph 1. A loan may be made by Subgrantee to an officer, director or employee of Grantee, Subgrantee, or a Subrecipient, but only if the prospective borrower is one of the low or moderate income persons intended to be the beneficiaries of the assisted activity, providing the loan will permit such prospective borrower to receive generally the same interest or benefit being made available or provided to the intended beneficiaries, and the prospective borrower engages in no activities prohibited by subsection 1 of this section Chapter with respect to the prospective borrower’s loan. RETENTION OF AND ACCESS TO RECORDS: Subgrantee shall comply with the requirements of Attachment C #13; Section XIV of Attachment D to the Grant Agreement and Agency Procedures, Chapter 3. Financial records, supporting documents, statistical records, and all other records pertinent to this VCDP project shall be retained in accordance with Agency Procedures, Chapter 3. Authorized representatives of the Secretary of the Agency, the Secretary of HUD, the Inspector General of the United States, or the U.S. General Accounting Office shall have access to all books, accounts, records, reports, files, papers, things, or property belonging to, or in use by, the Grantee, Subgrantee or any Subrecipient pertaining to the receipt and administration of Vermont Community Development Program funds, as may be necessary to make audits, examinations, excerpts, and transcripts. LABOR and EQUAL OPPORTUNITY: To the extent applicable, Subgrantee will administer and enforce the ▇▇▇▇▇‑▇▇▇▇▇ Act [40 USC 276a et seq.]; the Federal Fair Labor Standards Act [29 USC 201 et seq.]; and the Contract Work Hours and Safety Standards Act [40 USC 327‑333]. Subgrantee will comply with the ▇▇▇▇▇▇▇▇ Anti‑kickback Act of 1934, [18 USC 874 and 40 USC 276c]; Executive Order 11246 (Equal Employment Op­portunities) as amended by Executive Orders 11375 and 12086 and the regulations issued pur­suant thereto [ 41 CFR 60]; and Section 3 of the Housing and Urban Develop­ment Act of 1968 [12 USC 1701u] as amended, (equal employment and business opportunities) and the regulations at 24 CFR 135. Subgrantee will also comply with the requirements of Section VII of Attachment D to the Grant Agreement, and the requirements of Title 21, V.S.A. Chapter 5, Subchapter 6, (495-495h), relating to fair employment practices, and Title 9 V.S.A Chapter 139, Sections 4503 and 4504, relating to fair housing practices. ENVIRONMENTAL: Subgrantee will comply with the Clean Air Act (42 U.S.C. 7401-7671q and the Federal Water Pollution Contract Act (33 U.S.C. 1251-1387), as amended. Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Appears in 2 contracts

Sources: Subgrant Agreement, Subgrant Agreement

Pass Through Provisions. In addition to binding Subgrantee, the following provisions shall be included in all contracts between Subgrantee and any other contractor related to the project and shall bind all such other contractors. CONFLICT OF INTEREST: Subgrantee agrees to comply with the requirements of Section VII(B) of Attachment D to the Grant Agreement, and Agency Procedures, Chapter 9 and Chapter 10, Section 10.3 In addition, in order to avoid a conflict of interest or the appearance of undue influence, if any officer of Subgrantee or a member of Subgrantee’s Board of Directors is employed by Grantee or holds an elective or appointive municipal office in Grantee, such person shall not participate in any discussions regarding, attend any public hearing concerning, vote upon or take any action with respect to any matter involving this Agreement or the Project for the longer period of: from the date of execution of this Agreement until five years after the Completion Date set forth in the Grant Agreement, or during a person’s tenure with Grantee ▇▇▇▇▇▇▇ and for one year thereafter. No person described in paragraph 1 of this section, nor any person with whom such a person has family or business ties, may participate in a decision-making process or gain inside information with regard to the activities funded by the VCDP, obtain a financial interest in or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, for the applicable time period set forth in paragraph 1. A loan may be made by Subgrantee to an officer, director or employee of Grantee, Subgrantee, or a Subrecipient, but only if the prospective borrower is one of the low or moderate income persons intended to be the beneficiaries of the assisted activity, providing the loan will permit such prospective borrower to receive generally the same interest or benefit being made available or provided to the intended beneficiaries, and the prospective borrower engages in no activities prohibited by subsection 1 of this section Chapter with respect to the prospective borrower’s loan. RETENTION OF AND ACCESS TO RECORDS: Subgrantee shall comply with the requirements of Attachment C #13; Section XIV of Attachment D to the Grant Agreement and Agency Procedures, Chapter 3. Financial records, supporting documents, statistical records, and all other records pertinent to this VCDP project shall be retained in accordance with Agency Procedures, Chapter 3. Authorized representatives of the Secretary of the Agency, the Secretary of HUD, the Inspector General of the United States, or the U.S. General Accounting Office shall have access to all books, accounts, records, reports, files, papers, things, or property belonging to, or in use by, the Grantee, Subgrantee or any Subrecipient pertaining to the receipt and administration of Vermont Community Development Program funds, as may be necessary to make audits, examinations, excerpts, and transcripts. LABOR and EQUAL OPPORTUNITY: To the extent applicable, Subgrantee will administer and enforce the ▇▇▇▇▇‑▇▇▇▇▇ Act [40 USC 276a et seq.]; the Federal Fair Labor Standards Act [29 USC 201 et seq.]; and the Contract Work Hours and Safety Standards Act [40 USC 327‑333]. Subgrantee will comply with the ▇▇▇▇▇▇▇▇ Anti‑kickback Act of 1934, [18 USC 874 and 40 USC 276c]; Executive Order 11246 (Equal Employment Op­portunities) as amended by Executive Orders 11375 and 12086 and the regulations issued pur­suant thereto [ 41 CFR 60]; and Section 3 of the Housing and Urban Develop­ment Act of 1968 [12 USC 1701u] as amended, (equal employment and business opportunities) and the regulations at 24 CFR 135. 75 Subpart C. Subgrantee will also comply with the requirements of Section VII of Attachment D to the Grant Agreement, and the requirements of Title 21, V.S.A. Chapter 5, Subchapter 6, (495-495h), relating to fair employment practices, and Title 9 V.S.A Chapter 139, Sections 4503 and 4504, relating to fair housing practices. ENVIRONMENTAL: Subgrantee will comply with the Clean Air Act (42 U.S.C. 7401-7671q and the Federal Water Pollution Contract Act (33 U.S.C. 1251-1387), as amended. Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Appears in 1 contract

Sources: Subgrant Agreement