Loading...
HomeMy WebLinkAboutResolution - 2021-R0064 - CDBG Funding Agreement 15759 with YWCA 2.23.2021Resolution No. 2021-R0064 Item No. 7.13 February 23, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Community Development Block Grant (CBDG), Coronavirus Aid and Relief and Economic Security Act Cares (CV) Funding Agreement 15759, and all related documents, between the City of Lubbock and the YWCA of Lubbock. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on /:1l-W Y-*3 9 0a"'. C Re ec a Garza, City Secr a APPROVED AS TO CONTENT: February 23, 2021 L'� - DANIEL M. POPE, MAYOR Karen Murfee, Community elopment Director APPROVED AS TO FORM: elli Leisure, Assistant City Attorney ccdocs/RES. CBDG Contract 15759 — YWCA CDBG-CV 02.08.21 Resolution No. 2021-R0064 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT CARES (CV) FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND YWCA OF LUBBOCK CDBG-CV CHILD CARE ASSISTANCE This Community Development Block Grant Coronavirus Relief and Economic Security Act CARES (CDBG-CV) Funding Agreement (the "Agreement"), Contract No. 15759, is made by and between the City of Lubbock, a State of Texas home rule municipal corporation (the "City") and the YWCA of Lubbock, (the "Grantee"), (each a "Party," and collectively the "Parties") acting by and through the Parties' representative officers and officials, and is hereby entered into by the Parties on this 23rd day of February, 2021 (the "Effective Date"). RECITALS WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Block Grant Coronavirus Aid, Relief and Economic Security Act (CDBG-CV) Program, Public Law 116-136. Funds are to be used to prevent, prepare for and respond to coronavirus pandemic (COVID-19). Coronavirus means SARS-CoV-2 or another coronavirus with pandemic potential, as defined by section 23005 of the CARES Act; and WHEREAS, the Grantee operates a non-profit center offering services to individuals and families throughout Lubbock, Texas; and WHEREAS, the Grantee proposes to use the funds in order to provide individuals and families child care assistance (the "Program"); and WHEREAS, the Grantee's services benefit residents in Lubbock, Texas and constitute a valuable public service, and the City Council of the City (the "City Council") has declared the services provided by the City to be a public purpose; and WHEREAS, the accomplishment of the above public purpose is the predominate purpose of this Agreement; and WHEREAS, the continuing supervision by the City with statutory and contractual requirements provide sufficient assurance that the public purpose of this Agreement will be accomplished; and WHEREAS, the City Council has found that the Grantee has the special expertise, knowledge, and experience necessary for the operation of the Program; and, that the City will receive adequate consideration in the form of substantial public benefit; and NOW, THEREFORE: THE PARTIES, FOR GOOD AND VALUABLE CONSIDERATION, AGREE AS FOLLOWS: I. SCOPE OF SERVICE A. The City's Responsibilities 1. The City agrees to provide the Grantee with funding provided from the U.S. Department of Housing and Urban Development (HUD) pursuant to the Community Development Block Grant Coronavirus Relief and Economic Security Act CARES (CDBG-CV) Program not to exceed the amount as stated in the attached EXHIBIT A, to be distributed and used according to the provisions of this Agreement. 2. The Funding will be limited to the Grantee's performance of the Program, including the satisfaction of expenses incurred by the Grantee in its performance of the Program. The City's awarding of the Funding under this Agreement is contingent upon the Grantee's receipt of adequate funds to meet the City's liabilities under this Agreement. If adequate funds are not made available to the City so that it cannot award the Funding, then the City shall notify the Grantee in writing within a reasonable time after such fact is determined, the City shall terminate this Agreement, and the City will not be directly or indirectly liable for failure to award the Funding to the Grantee under this Agreement. 3. The City shall not be liable for any cost incurred by the Grantee which is not an allowable cost as set forth in this Agreement or under 24 CFR 570. 4. Upon the City's request, while this Agreement is in effect, the Grantee shall submit to the City any and all reports, documents, or information on the Grantee's performance of the Funding or the Program contemplated under this agreement. 5. In addition to the limitations on liability otherwise specified in this Agreement, it is expressing understood and agreed to by the Parties that if the Grantee fails to submit to the City in a timely manner any reports, documents, or information requested by the City under this Agreement, the City may, at its sole discretion, withhold all, or any part of, the Funding, it shall notify the Grantee in writing of its decision and the reasons therefor. Any funding withheld pursuant to this paragraph may be held by the City until such time as the obligations for which the Funding is being withheld is fulfilled by the Grantee to the satisfaction of the City. 6. The Grantee shall refund to the City any Funding that has been paid to the Grantee by the City for which the City determines is a result of overpayment of the Funding to the Grantee, or for which the City determines any or part of the Funding has not been spent by the Grantee strictly in accordance with the terms of this Agreement. Such refund shall be made by the Grantee to the City within thirty (30) working days after such refund is requested by the City. B. The Grantee's Responsibilities 1. The Grantee will be responsible for administering the Program in a manner satisfactory to the City and in compliance with this Agreement and with any and all statutory standards related to the Funding. CDBG-CV Child Care Assistance Agreement 2. The Grantee certifies that all of its activities carried out for the Program through the Funding will satisfy 24 CFR Part 570, including, but not limited to: CDBG's eligible activities under the applicable uniform administrative requirements described in 2 CFR Part 200 "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards". The Grantee agrees to repay any and all of the Funding that does not satisfy the regulations required under this provision. 3. The Grantee shall perform all activities related to the Program in accordance with its budget; all applicable laws and regulations; and, with the assurance, certifications, and all other terms, provisions, and requirements set forth in this Agreement. 4. Upon the City's request while this Agreement is in effect, the Grantee shall submit to the City any and all reports, documents, or information on the Grantee's performance of the Funding or the Program contemplated under this Agreement. 5. In addition to the limitations on liability otherwise specified in this Agreement, it is expressly understood and agreed to by the Parties that if the Grantee fails to submit to the City in a timely and satisfactory manner any reports, documents, or information requested by the City under this Agreement, the City may, at its sole discretion, withhold all, or any part of, the Funding. If the City withholds all, or any part of, the Funding, it shall notify the Grantee in writing of its decision and the reasons therefor. Any Funding withheld pursuant to this paragraph may be held by the City until such time as the obligations for which the Funding is being withheld is fulfilled by the Grantee to the satisfaction of the City. 6. The Grantee shall refund to the City any Funding that has been paid to the Grantee by the City for which the City determines is a result of overpayment of the Funding to the Grantee, or for which the City determines any of the Funding has not been spent by the Grantee strictly in accordance with the terms of this Agreement. Such refund shall be made by the Grantee to the City within thirty (30) working days after such refund is requested by the City. 7. The Grantee shall submit to the City a request for a review of all work specifications prior to the beginning of the procurement process. 8. The Grantee will certify eligibility by completion of Self Certification form to verify low — mod clientele participates in the program. 9. The Grantee agrees that any interest or assets obtained with the Funding shall revert back to the City in the event that the Grantee dissolves, files bankruptcy, or goes out of business for any reason. H. TERM OF AGRFEEMENT This Agreement shall take effect on October 1, 2020, and shall terminate on September 30, 2021, unless otherwise cancelled or modified according to the Terms of this Agreement. CDBG-CV Child Care Assistance Agreement III. BUDGET The Funding made available to the Grantee under this Agreement shall be specifically drawn from the sources listed in this section (the "Budget"). The Funding made available to the City under this Agreement shall be drawn from several fiscal year allocations by HUD to the City. In the budget listed below, the fiscal year of a HUD allocation to the City is listed to the left of the funding under that allocation that is made available to the Grantee for the Project under this Agreement. The Funding made available to the Grantee under this Agreement shall be directly linked to the specific funding year and amount listed in the attached EXHIBIT A. IV. DISBURSEMENT OF FUNDS The City agrees to reimburse Grantee when, if and to the extent Federal funds are received under provisions of the Act a sum up to and not to exceed one hundred fifty thousand dollars ($150,000.00) for Grantee's performance of the Scope of Work in accordance with the Budget attached hereto as EXHIBIT A. Requests for reimbursements by Grantee shall be made by Grantee sending to the City, not more frequently than monthly, commencing on the 1 Oth day of every month. Such schedule may be modified with the approval of the City. The City shall distribute CDBG-CV funds within 14 business days after approval from the City. Grantee has the ability to adjust line item amounts in the Budget with the prior written approval of the City's Director of Community Development, so long as the total Budget amount does not increase. A. The Payment Payment is subject to the receipt and approval of such invoices and monthly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment being due and payable upon the receipt of an invoice and report for the last month of the term of this Agreement and the City's approval thereof, which invoice and report shall be due on or before October 10, 2021 following the expiration of the term of this Agreement. The City shall pay such invoices within thirty (30) days after receipt thereof, provided the City is satisfied that such expenses have been incurred within the scope of this Agreement and that the Grantee is in compliance with the terms and conditions of this Agreement. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty day (30) timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation and reporting will cause the City to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the City. 4 CDBG-CV Child Care Assistance Agreement B. Not to Exceed The total amount of the Funding to be paid by the City under this Agreement shall not exceed the amount as stated in the attached EXHIBIT A for the Project. Any drawdowns on the Payment and any expenses for the general administration of the Program shall be made against the line item budgets specified in this Agreement and in accordance with the Grantee's performance of Program. C. 2 CFR Part 200 Every Payment may be contingent upon certification of the Grantee's financial management system in accordance with the standards specified in 2 CFR Part 200. D. Condition of Funding a. The City advises the Grantee that a significant change in entitlement funding may result in a change in the current process utilized by the City to determine funding allocations. The Grantee acknowledges that the obligation of the City is contingent upon the availability of Federal, State or Local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by Federal budgeting or if funds are not allocated and available for the continuance of the function performed by the Grantee, this Agreement may be terminated by the City at the end of the period for which funds are available. In the event of funding reduction, the City may reduce the Budget for this Agreement as a whole or may limit the rate by which Grantee receives the CDBG-CV funds for providing Grantee's services hereunder. At the earliest opportunity, the City shall notify the Grantee of any services, which may be affected by a shortage of funds. No penalty shall accrue to the City in the event this provision is exercised and the City shall not be liable for any damages as a result of termination under this provision of this Agreement. Nothing herein shall be construed as obligating the City to expend funds in excess of appropriations authorized bylaw. b. The Grantee shall allow representatives of the City or HUD and their agents and representatives to inspect facilities which are used in connection with the Agreement or which implement programs funded under this Agreement and to observe the provision of services. The City is under no duty to supervise the provision of Grantee's services. Any inspection or examination by the City is for the sole purpose of protecting and preserving the City's rights under this Agreement. No default of Grantee shall be waived by any inspection by the City. In no event shall any inspection by the City be a representation that there has been or will be compliance with this Agreement or that Grantee is in compliance with any federal, state and local laws, ordinances, regulations and directives applicable to the performance of this Agreement or the provision of Grantee's services. C. Where the City has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Agreement by the Grantee, the City may suspend the operation of this Agreement for up to sixty (60) days upon three (3) days' notice to Grantee of the City's intention to so act, pending an audit or other resolution of such questions. CDBG-CV Child Care Assistance Agreement E. Matching Funds are exempt from match requirements V. GENERAL CONDITIONS A. General Compliance 1. The Grantee agrees to comply with the requirements in the CARES Act that apply to CDBG-CV and must use grant funds to prevent, prepare for and respond to coronavirus. 2. The grantee agrees to comply with the requirements of the Housing and Community Development Act of 1974 (42 USC 5301 et seq .) and implementing regulations at 24 CFR part 570, as now in effect and as may be amended from time to time, and as modified by the rules, waivers and alternative requirements published by HUD from time to time. Rules, waivers and alternative requirements of Federal Register notices applicable to CDBG-CV grants are hereby incorporated into and made a part of the grant agreement. 3. The Grantee may use CDBG-CV funds as reimbursement for previously incurred costs, provided that those costs are allowable and consistent with the CARES Act's purpose to prevent, prepare for and respond to coronavirus. 4. The grantee agrees to establish and maintain adequate procedures to prevent any duplication of benefits as required by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254; 132 Stat. 3442). B. "Independent Contractor" Nothing contained in this Agreement is intended, or shall be construed in any manner, to create or establish the relationship of employer and employee between the Parties. The Grantee shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life, medical insurance, and Workers' Compensation insurance as the Grantee is an independent contractor. CDBG-CV Child Care Assistance Agreement C. Indemnity and Release 1. THE GRANTEE SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED, IN ANY WAY, MANNER, OR FORM, TO THE GRANTEE'S ACTIVITIES CONTEMPLATED HEREUNDER;; PROVIDED THAT NOTHING CONTAINED HEREIN SHALL CONSTITUTE AN INDEMNITY ON THE PART OF THE GRANTEE FOR ANY LOSSES, CLAIMS, OR LIABILITY OF ANY KIND OR NATURE WHICH ARISE DIRECTLY OR INDIRECTLY OR ARE RELATED, IN ANY WAY, MANNER OR FORM, TO THE CITY'S ACTIVITIES CONTEMPLATED HEREUNDER. 2. THE GRANTEE SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND OR AGENTS, AS APPLICABLE, ALL ATTORNEYS' FEES INCURRED BY ENFORCING THE GRANTEE'S INDEMNITY HEREIN. 3. THE GRANTEE, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND AGENTS SHALL NOT BE LIABLE, AND THE GRANTEE HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND AGENTS, FOR, FROM, AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, OR LIABILITIES TO THE GRANTEEARISING DIRECTLY OR INDIRECTLY, OR RELATED IN ANY WAY, MANNER OR FORM, TO THE GRANTEE'S ACTIVITIES CONTEMPLATED HEREUNDER.. 4. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THIS AGREEMENT. D. Right to Exercise The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. E. Workers' Compensation If applicable, the Grantee shall provide Workers' Compensation insurance coverage for all of its employees involved in the performance of this Agreement. 7 CDBG-CV Child Care Assistance Agreement F. Insurance and Bonding The Grantee shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud, and/or or undue physical damage, and as a minimum, shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City. G. Grantor Recognition The Grantee shall insure recognition of the role of the grantor agency in providing services through this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be prominently labeled as to the Funding source. In addition, the Grantee will include a reference to the Funding in all publications made possible under this Agreement. H. Amendments The City or the Grantee may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement and are executed in writing, signed by a duly authorized representative of both Parties, and approved by the City Council. Such amendments shall neither invalidate this Agreement nor relieve or release the City or the Grantee from its obligations under this Agreement. 2. The City may, in its discretion, amend this Agreement to conform with Federal, State, or local governmental guidelines, policies, and available funding amounts, or for any other reason. If such amendments result in a change in the Funding, the scope of services, or the schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Parties. I. Suspension or Termination 1. In accordance with 2 CFR Part 200 Either Party may terminate this Agreement by giving written notice to the other Party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial termination of this Agreement may only be undertaken with the prior approval of the City. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports, or other materials prepared by the Grantee under this Agreement shall, at the option of the City, become the property of the City, and the Grantee shall be entitled to receive just and equitable compensation for any work completed on such documents or materials prior to the termination. 2. The City may terminate this agreement if the Grantee fails to comply with any terms of this Agreement, whole or in part which include (but are not limited to) the following: 8 CDBG-CV Child Care Assistance Agreement a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders and HUD guidelines, policies or directives as may become applicable at any time; b) Failure, for any reason, of the Grantee to fulfil in a timely and proper manner its obligations under this Agreement; c) Ineffective or improper use of CDBG funds provided under this agreement; or d) Submission by the Grantee to the City of reports that are incorrect or incomplete in any material respect. 3. The City may suspend or terminate this Agreement if the City reasonably believes that the Grantee is in noncompliance with any requirement of this Agreement, then the City may withhold up to fifteen percent (15%) of the Funding until such time as the Grantee is found to be, or is otherwise adjudicated, to be in compliance. 4. The City may terminate this Agreement in the event of an emergency or disaster, whether, an act of God, natural or manmade, by giving twenty-four (24) hour notice. The City may give said notice verbally to the Grantee. Any expenditure incurred prior to receiving notice will be reimbursed; however, in no event shall the City pay any expenses incurred after notice of termination is received by the Grantee. VI. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards. The Grantee agrees to comply with 2 CFR Part 200, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and to maintain necessary source documentation for all costs incurred under this Agreement. 2. Cost Principles. The Grantee shall administer its program in conformance with 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Award", which shall be applied to all direct or indirect costs incurred by the Grantee under this Agreement. B. Documentation and Record -Keeping Records to be Maintained. The Grantee shall maintain all records required by the CDBG-CV Terms and Conditions that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a) Records demonstrating that each activity meets the CDBG-CV Program guidelines or requirements; 9 CDBG-CV Child Care Assistance Agreement b) Records required to determine the eligibility of activities; c) Financial records; 2. Retention. The Grantee shall retain all financial records, supporting documents and all records pertinent to the Agreement, including but not limited to client data of no less than five (5) years. The retention period begins on the date of the submission to the City's annual performance and evaluation report to HUD in which activities assisted under this Agreement are reported on for the final time. Expenditures under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. Records for non -expendable property acquired with the Funding shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after the displaced person has received final payment. Notwithstanding the above, if there is any litigation, claim, audit, negotiation or other action that involves any of the records cited herein and that has started before the expiration of the five (5) year period, then such records must be retained until the completion of the actions and resolution of all issues, or the expiration of the five (5) year period, whichever occurs later. 3. Client Data. The Grantee shall maintain client data that demonstrates its client eligibility for the Funding and services provided under this Agreement. Such data shall include, but not be limited to: client name or identifier; client address; client income level; age, gender, race, ethnicity or other determination of client eligibility; and, a description of the service provided to the client related to this Agreement. Such information shall be made available to the City for review upon request. 4. Disclosure. The Grantee understands that client information collected under this Agreement is private, and the use or disclosure of such information, when not directly connected with the administration of the City or Grantee's responsibilities related to this Agreement, is prohibited unless written consent is obtained from such client receiving service(s) and in the case of a minor, that of a responsible parent or guardian, unless otherwise required by law. 5. Property Records. The Grantee shall maintain a real property inventory that clearly identifies any property purchased, improved, or sold under this Agreement or that is related to the Funding. Any such property shall throughout the Term remain in compliance with all eligibility criteria and shall conform with the "changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8). 6. Close -Outs. The Grantee's obligation to the City under this Agreement shall not end until all close-out requirements under this Agreement are completed pursuant to applicable Federal regulations and law. Activities during this close-out period shall include, but are not limited to: making final payments; disposing of Program assets (including the return of all unused materials, equipment, unspent cash advances, Program income balances, and accounts receivable to the City); final close-out reports; and, determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has 10 CDBG-CV Child Care Assistance Agreement control of the CDBG funds, including program income. 7. Audits & Inspections. All of the Grantee's records related to this Agreement shall be made available at any time during normal business hours as often as the City or its designee deems necessary to monitor, audit (if required), examine, or make excerpts or transcripts of any data relevant to this Agreement in order for the City to produce an audit report. Any deficiencies noted in an audit report must be fully cleared by the Grantee within thirty (30) days after receipt by the City. Failure of the Grantee to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of Funding. The Grantee hereby agrees to have an annual internal audit conducted in accordance with current City policy concerning Grantee audits and, if required, a regular audit under Title 2 CFR Part 200 "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards". C. Reporting and Payment Procedures Payment Procedures. The City will pay to the Grantee Funds based upon information submitted by the Grantee and consistent with any approved budget and City policy concerning the Payments. Payment will be made for eligible expenses actually incurred by the Grantee, and not to exceed actual cash requirements. Payments will be adjusted by the City in accordance with advance fund and program income balances available in the Grantee's accounts. In addition, the City reserves the right to liquidate any part of the Funding for costs incurred by the City on behalf of the Grantee. 2. Performance and Financial Reports. Throughout the Term, the Grantee shall submit monthly reports to the City, in a format, content and frequency as required by the City. A monthly Performance Report, a Financial Report, and a narrative for the Grantee's Program activity and shall include the amount of all of the Grantee's expenditures for each of its Program activities. The Grantee shall submit such reports, demographics and narratives no later than the tenth (loth) day of each month. The End of Year report is due no later than October 10, 2021. Reporting will continue from the start of Program activity through the end of the Program year. D. Procurement Compliance. The Grantee shall comply with Title 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards" and the City policy concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property procured with CDBG funds. All Program assets purchased with Funding, including unexpended program income, property, or equipment, shall revert to the City upon the termination of this Agreement. 1. CFR Standards. Unless specified otherwise within this Agreement, the Grantee shall procure all materials, property, or services in accordance with the requirements of 2 CFR Part 200. CDBG-CV Child Care Assistance Agreement 2. Travel. The Grantee shall obtain written approval from the City for any travel outside the metropolitan area that is financed in any way through the Funding under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR Part 200 and 24 CFR Part 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. Any Subrecipient used by the Grantee shall transfer to the Grantee all CDBG funds on hand and any accounts receivable attributable to the use of the Funding under this Agreement at the time of expiration, cancellation, or termination of this Agreement. 2. Real property under the Grantee's control that was acquired or improved, in whole or in part, with the Funding in excess of twenty-five thousand dollars ($25,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR Part 570.208 until five (5) years after the expiration of this Agreement, or such longer period of time as the City deems appropriate. If the Grantee fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, then the Grantee shall pay to the City an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute Program income to the City. The Grantee may retain real property acquired or improved under this Agreement after the expiration of the five (5) year period, or such longer period of time as the City deems appropriate. 3. In all cases in which equipment acquired, in whole or in part, with the Funding under this Agreement is sold, the proceeds shall be Program income to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment not needed by the Grantee for activities under this Agreement shall be (a) transferred to the City for the CDBG program, or (b) retained after compensating the City for an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. VII. PERSONNEL & PARTICIPANT CONDITIONS A. Compliance With Laws Compliance. The Grantee agrees to comply, and to require its subcontractors to comply, with the Community Development Block Grant CARES Act (CDBG-CV) Terms and Conditions, and all federal, state, and local laws, ordinances, executive orders, and declarations, including those related to: a) non-discrimination in employment and contracting opportunities laws, regulations b) and executive orders; c) land covenants; d) laws prohibiting discrimination against the individuals with disabilities or e) handicaps under state or federal law; f) maintenance of a report that documents the race and ethnicity of its employees; 12 CDBG-CV Child Care Assistance Agreement and g) maintenance of current copies of its fair housing and equal opportunity policies. B. Affirmative Action Approved Plan. The Grantee agrees they shall be committed to carry out pursuant to the City's specifications an Affirmative Action Program in keeping with the principles as provided in the President's Executive Order 11246 of September 24, 1965. If the Grantee receives Federal funds through the City, then the Grantee shall be required to develop a written Affirmative Action Program to insure that equal opportunity is provided in all aspects of its employment. 1. Women- and Minority -Owned Business (W/MBE). The Grantee will use its best efforts to afford small businesses, minority- and women -owned business enterprises and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. The terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.0 632), and "minority and female business enterprise" means a business at least fifty-one percent (51 %) owned and controlled by minority group members or women. For the purpose of the term "minority group members" means Afro-Americans, Spanish-speaking, Spanish -surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Cry Grantee may rely on written representations by businesses regarding their status as minority- and women -owned business enterprises in lieu of an independent investigation. 2. Access to Records. The City shall furnish and cause any Grantee or subcontractor to furnish all information and reports required hereunder and will permit access to its books, records, and accounts by the City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations, and provisions stated herein. 3. Notifications. The City will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the City's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. Subcontract Provisions. The City will include the provisions of the Civil Rights and Affirmative Action sections of this Agreement, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each Grantee or subcontractor. 13 CDBG-CV Child Care Assistance Agreement C. Employment Restrictions 1. Prohibited Activity. The Grantee is prohibited from using the Funding provided herein or personnel employed in the administration of the Program for political activities, inherently religious activities; sectarian activity, religious activity, lobbying, political patronage, or nepotism. 2. Labor Standards. a) The Grantee agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 327 et seq.) and all other applicable Federal, State, and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Grantee agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor Act at 29 CFR Part 5 The Grantee shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. b) The Grantee agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of two thousand dollars ($2,000) for construction, renovation, or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with Federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by State or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher wage. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. D. "Section 3" Clause 1. Compliance. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement, and binding upon the City, the Grantee, any of Subrecipient, and subcontractor. The Grantee certifies and agrees that no contractual or other legal incapacity exists which would prevent compliance with these requirements. 14 CDBG-CV Child Care Assistance Agreement 2. "Section 3 " Paragraph. The Grantee further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this contract is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 (of the Housing and Urban Development Act of 1968), as amended, (12 U.S.C. 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." 3. Training & Employment. The Grantee will ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the Project is located. Where feasible, the Grantee agrees that priority should be given to low- and very low-income persons within the service area of the Project or the neighborhood in which the Project is located, and to low- and very low-income participants in other HUD programs. 4. Award of Contracts. The Grantee agrees to award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the Project is located. Where feasible, the Grantee agrees that priority should be given to business concerns which provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the Project is located, and to low- and very low-income participants in other HUD programs. 5. Notifications. The Grantee agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 6. Subcontracts. The Grantee will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. 15 CDBG-CV Child Care Assistance Agreement The Grantee will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not allow any subcontract unless the entity provides a preliminary statement of ability to comply with the requirements of this Agreement and all other applicable law. E. Assignability The Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of the City. Claims for money due or to become due to the City from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. F. Subcontracts 1. Approvals. The Grantee shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the City prior to the execution of such subcontract. 2. Monitoring. The City will monitor the performance of the Grantee. All subcontracted services on a risk analysis basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Substandard performance as determined by the City will constitute noncompliance with this agreement. If action to correct such substandard performance is not taken by the Grantee within a reasonable time after being notified, Agreement suspension or termination will take place. 3. Content. The Grantee shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 4. Selection Process. The City shall insure that all subcontracts entered into in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. 4. Suspension and Disbarment. The Grantee shall not enter into any subcontracts with an agency, business, or individual that has been suspended, disbarred, or otherwise excluded from Federal grants. The Grantee shall maintain records demonstrating that it has reviewed potential subcontractors against the debarred and excluded list prior to committing any of the Funding to a subcontract. G. Hatch Act The Grantee agrees that no Funding or personnel employed under this Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V U.S.C. 16 CDBG-CV Child Care Assistance Agreement H. Conflict of Interest The Grantee agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include but are not limited to: 1. The Grantee shall maintain a written code of conduct to govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. 2. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the City, the Grantee, or any designated public agency. I. Lobbying The Grantee hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. It will require that the language of Article 10.D.2 of this Agreement be included in the award documents for all subawards at all tiers, including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements, and that all Subrecipients shall certify and disclose accordingly. J. Lobbying Certification Any person who fails to file the required certification imposed by 31 USC 1352 shall be subject to a civil penalty of not less than ten thousand dollars($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. 17 CDBG-CV Child Care Assistance Agreement Submission of such certification is a prerequisite for making or entering into this Agreement, and the certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. K. Copyright If this Agreement results in any copyrightable material or inventions, the City reserves the right to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work or materials for government purposes. L. Religious Organization The Grantee agrees that the Funding provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization prohibited by 24 CFR 570.2000), such as worship, religious instruction or proselyzation. VIII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. IX. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. X. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XI. CHAPTER 2270, SUBTITLE F, TITLE 10, TEXAS GOVERNMENT CODE The City warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that it does not boycott Israel, and that it will not boycott Israel during the term of this Agreement. XII. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Parties for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Grantee, and any Subrecipient, with respect to this Agreement. IN WITNESS HEREOF, THE PARTIES HAVE EXECUTED AND ENTER INTO THIS AGREEMENT ON THE EFFECTIVE DATE 18 CDBG-CV Child Care Assistance Agreement [Signature Page to Follow] SIGNATURES FOR: THE CITY OF LUBBOCK DANIEL M. POPE, MAYOR ATTEST: APPROVED AS TO CONTENT: 4 au i Karen Uurfee, Community DevelopIdlent Director APPROVED AS TO FORM: — vp)j, h , Kel i Leisure, ssistant City Attorney 19 CDBG-CV Child Care Assistance Agreement FOR: YWCA OF LUBBOCK —k&to4t,,—A41& /Glenda Mathis, Executive Director � FED. I.D. # 75-0939427 EXHIBIT A Community Development Block Grant CARES Act (CDBG-CV) Child Care Assistance Program To: YWCA of Lubbock 6501 University Ave Lubbock, TX 79413 Attn: Glenda Mathis, Executive Director From: City of Lubbock PO Box 2000 Lubbock, TX 79457 Attn: Karen Murfee, Director of Community Development Re: Community Development Block Grant CARES Act (CDBG-CV) Child Care Assistance Program Agreement Program Title and Administration The YWCA of Lubbock (Grantee) will be responsible for administering a Community Development Block Grant CARES Act (CDBG-CV) Program entitled the Child Care Assistance Program, pursuant to Coronavirus Aid, Relief and Economic Security Act, Public Law 116-136 and the requirements of the Housing and Community Development Act of 1974, promulgated by the U.S. Department of Housing and Urban Development (HUD), said Funding to be distributed and used to provide Child Care Assistance Program in according to the provisions of this Agreement. Budget The budget for this program is one hundred fifty thousand dollars ($150,000.00). Term The term of this Agreement is from October 1, 2020 to September 30, 2021 for eligible expenses incurred. Scope of Services This program will assist households with child care assistance, who have been financially impacted by COVID-19, in the form of child care vouchers. 20 CDBG-CV Child Care Assistance Agreement