C859617 Contract

• Contract/PO #: C859617
• Contractor Name: Crook, Town of
• Contract Type: Grant
• Loan Projects - Doc Type: Contract Documents

• i) Persons Covered. The conflict of interest provisions of this paragraph b) apply to any person
who is an employee, agent, consultant, officer, or elected official or appointed official of the
Contractor or of any designated public agencies or subcontractors receiving CDBG funds.
ii) Threshold Reauirements for Exceptions. Upon the written request of the Contractor, the State
may grant an exception to the provisions of this subparagraph b)when it determines that such
an exception will serve to further the purposes of the CDBG program and the effective and
efficient administration of the Contractor's Project. An exception may be considered only after
the Contractor has provided the following:
g. A disclosure of the nature of the conflict, accompanied by an assurance that:
i. there has been or will be a public disclosure of the conflict and a description of
how the public disclosure was or will be made; and
ii. the affected person has withdrawn from his or her functions or responsibilities, or
the decision making process with respect to the specific CDBG assisted activity
in question; and
12. An opinion of the Contractor's attorney that the interest for which the exception is sought
would not violate State or local law; and
c. A written statement signed by the chief elected official of the Contractor holding the State
harmless from all liability in connection with any exception which may be granted by the
State to the provisions of this subparagraph b);
iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception
after the Contractor has satisfactorily met the requirements of subparagraph ii) above,the State
shall consider the cumulative effect of the following factors, where applicable: •
g. Whether the exception would provide a significant cost benefit or an essential degree of
expertise to the Project which would otherwise not be available;
t. Whether an opportunity was provided for open competitive bidding or negotiation;
c. Whether the person affected is a member of a group or class of low or moderate income
persons intended to be beneficiaries of the CDBG assisted activity,and the exception will
permit such person to receive generally the same benefits as are being made available
or provided to the group or class;
d. Whether the interest or benefit was present before the affected person was in a position
. as described in this subparagraph b);
g. Whether undue hardship will result either to the Contractor or the person affected when
weighed against the public interest served by avoiding the prohibited conflict; and
f. Any other relevant considerations.
23. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor
and any subcontractors shall strictly adhere to all applicable federal and State laws, orders, and all applicable
standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable federal laws and
regulations include:
a) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing
regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500 - 1508)
providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing
environmental quality.
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