10. Must local governments enter into subaward agreements prior to award to meet the Statutory Partnership requirements in Appendix B even if local law prohibits binding commitments on the part of local governments?

10. Must local governments enter into subaward agreements prior to award to meet the Statutory Partnership requirements in Appendix B even if local law prohibits binding commitments on the part of local governments?

Not necessarily. If the Partnership Agreement demonstrates that the local government intends to enter the required subaward with the Statutory Partner (the CBO) after EPA makes the award, that is sufficient. For example, the terms of the Partnership Agreement may include a contingency that makes receipt of a CCGP award a prerequisite for the subaward or a similar arrangement that complies with local law.

Note that EPA takes the same position regarding any Lead Applicant (CBO, Tribe, local government, institution of higher education) that includes a contingency in the Partnership Agreement that makes receipt of a CCGP award a prerequisite for the actual subaward to the Statutory Partner. In addition, please refer to the Community Engagement and Collaborate Governance structure in Section I.G. of the NOFO.

Question Category
D. Eligibility and Statutory Partnerships