Loading...
HomeMy WebLinkAboutResolution - 2018-R0031 - CASA Of The South Plains - 01/25/2018Resolution No. 2018-R0031 Item No. 6.18 January 25, 2018 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 Funding Contract 13475, and all related documents, between the City of Lubbock and the Court Appointed Special Advocate (CASA) of the South Plains, Inc., for volunteer training programs. 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 January 25, 2018 DANIEL M. POPE, MAYOR ATTEST: R�ccaGarza,City Secr tart' APPROVED AS TO CONTENT: Bill Howon; Assistant City 1 �#/ APPROVED AS TO FORM: Justin rui , AssisAnt City Attorney ccdocs/RES. Contract 13475 — CASA of the South Plains, Inc. — Volunteer Training Programs January 8, 2018 Resolution No. 2018-R0031 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT This Community Development Block Grant Program Funding Agreement (the "Agreement") is made by and between the City of Lubbock, a State of Texas home rule municipal corporation (the "City") and CASA of the South Plains, Inc., a State of Texas non-profit organization (the "Grantee"), (each a "Party," and collectively the "Parties") acting by and through the Parties' representative officers and officials, and is entered into by the Parties on January 25, 2018 (the "Effective Date"). RECITALS WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Block Grant Program (the "CDBG") pursuant to the Housing and Development Act of 1975, as amended; and WHEREAS, the Grantee operates a non-profit center offering services to families and individuals throughout Lubbock County, Texas; and WHEREAS, the Grantee and the services it provides have been found to meet the criteria for funding under provision 24 CFR 570.201; and WHEREAS, the Grantee proposes to provide a service or program which will provide funds to enhance its ability to provide administrative funds to operate programs and enhance its ability to provide services to low -to -moderate income families and individuals (the "Program"); and WHEREAS, the Grantee's services benefit residents in and around 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 Grantee 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 and State together 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: AGREEMENT Article 1. SCOPE OF SERVICE A. The City's Responsibilities 1. The City agrees to provide the Grantee with funding from the CDBG in an amount not to exceed twenty-eight thousand dollars ($28,000) to be distributed and used according to the provisions of this Agreement (the "Funding"). 2017-2018 Community Development Block Grant Funding Agreement— CASA of the South Plains, Inc. Page 1 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. 3. The City's awarding of the Funding under this Agreement is contingent upon the City'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. 4. The City shall not be liable to the Grantee for any cost incurred by the Grantee which has been paid to the Grantee, which is subject to be paid to the Grantee, which has been reimbursed to the Grantee, or which is subject to reimbursement to the Grantee by any source other than the City or the Grantee. 5. 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 §570.207. 6. The City shall not be liable to the Grantee for any cost incurred by the Grantee or for any performance rendered by the Grantee which is not strictly in accordance with the terms of this Agreement. 7. The City shall not be liable to the Grantee for any cost incurred by the Grantee in the performance of this Agreement which has not been billed to the City by the Grantee within sixty (60) days following the termination of this Agreement. 8. The City shall not be liable for any cost incurred or performance rendered by the Grantee before the commencement or after termination of this Agreement. 9. The City may, at its sole discretion and convenience, review any work specifications prior to the beginning of a procurement process under this Agreement, and the City may inspect any construction for compliance with work specifications prior to the release of the Funding. 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. 2. The Grantee certifies that all of its activities carried out for the Program through the Funding will satisfy 24 CFR Part 570, 24 CFR Parts 84 and 85, including, but not limited to: CDBG's eligible activities under 24 CFR Part 92 Subpart E; the affordability requirements of 24 CFR 92.252 or 92.254; the applicable uniform administrative requirements described in 24 CFR 92.505; the project requirements in 24 CFR Part 92 Subpart F; all Federal laws and regulations described in 24 CFR Part 92 Subpart H, including responsibilities for environmental review in 24 CFR 92.352 and the intergovernmental review process in 24 CFR 92.359; and, the 2017-2018 Community Development Block Grant Funding Agreement — CASA of the South Plains, Inc. page 2 affirmative marketing responsibilities specified in 24 CFR 92.351. 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 agrees that all living units acquired and rehabilitated under the Program shall be made available exclusively to eligible low and moderate income families whose gross household income does not exceed the income eligibility requirements established by HUD. 8. The Grantee shall submit to the City a request for an environmental assessment to be prepared and approved on individual construction sites prior to the beginning of any project if applicable. 9. The Grantee shall submit to the City a request for a review of all work specifications prior to the beginning of the procurement process. 10. The Grantee will have Match funds ready and available prior to the start of any project, if applicable. Failure to have Match funds ready and available may delay or cancel such project. 11. The Grantee will certify eligibility by completion of Self Certification form to verify low — mod clientele participates in the program. 12. The Grantee agrees that any interests or assets obtained with the Funding shall revert back to the City in the event that the Grantee dissolves, files for bankruptcy, or goes out of business for any reason. 2017-2018 Community Development Block Grant Funding Agreement— CASA of the South Plains, Inc. Page 3 C. Grantee's Match The Funding must be supplemented with additional funds from sources other than CDBG. The Program must provide twenty-five percent (25%) or more of the total project costs from non- CDBG sources. Matching funds may include donations or other grants. D. Program Delivery The Program will provide one (1) year of advocacy services to twenty (20) foster youth in Lubbock. The Program will allow the Grantee to expand advocacy services to foster youth in the Lubbock who are not currently receiving Program services. E. National Objective The Grantee certifies that the activities carried out with funds provided under this Agreement will meet the suitable living environment objective by providing eligible activities that benefit communities, families or individuals by addressing issues in their living environment under the Community Development Block Grant program - as defined in 24 CFR §576.21 as amended by the HEARTH Act. F. Levels of Accomplishment In addition to the normal administrative services required as part of this Agreement, and in addition to the Year End and Outcome Report due July 31, 2018, the Grantee agrees to provide the following levels of program services in its performance of the Program: ActiviU Timeline Accomplishments Program Oct - Sept October 1, 2017 — 20 Youth served July 31, 2018 G. Staffing Sta f Member Title Jaclyn Morris Executive Director Lauren Westerberg CPO Jade Dominguez Director of Advocacy LeAnne Lopez (40%) Advocacy Coordinator Stephanie Anderson (15%) Advocacy Coordinator Veronica Uriegas (10%) Advocacy Coordinator Volunteer Advocates Volunteer Advocates H. Performance Monitoring 1. General Monitoring. The City will monitor the Grantee's performance under this Agreement in order to ensure that the Grantee complies with the terms of this Agreement and all other applicable laws and regulations related to this Agreement and the Funding provided through this Agreement (the "Monitoring"). The Monitoring will be based on a risk analysis and a monitoring plan developed at the beginning of the fiscal year, and will take place on a monthly and quarterly basis as described below. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Grantee within a reasonable period of time after being notified by the City in writing, the City may suspend or terminate this Agreement. 2017-2018 Community Development Block Grant Funding Agreement — CASA of the South Plains, Inc. Page 4 2. On -site Monitoring. The number of on -site Monitoring visits will be determined by the Development. The City will send a Monitoring notification letter sent to the Grantee at least fifteen (15) days before a Monitoring visit. The City will send Monitoring report letter to the Grantee within thirty (30) days of on -site Monitoring visit that will identify the findings of the Monitoring visit. The Grantee must provide a written response to the Monitoring report within thirty (30) days that describes how the Grantee will resolve the issues raised by the City in the Monitoring report. The Grantee must confirm receipt of the Monitoring report within thirty (30) days if no actionable issues were identified in the Monitoring report. Article 2. TIME OF PERFORMANCE Services of the Grantee shall start on the first (1st) day of October, 2017, and end on the thirty first (31") day of July, 2018 (the "Term"). The Term and the provisions of this Agreement shall be extended to cover the period of affordability required as specified under 24 CFR 92.254 and any additional time period during which the Grantee remains in control of the Funding or other assets, including income from the Program. Article 3. 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 Grantee 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 this section. Line Item Fundinc Year Amount Personnel 2017-2018 $28,000 Article 4. PAYMENT A. The Payment The Funding shall be disbursed on a monthly basis based on the Grantee's submission to the City of a written request for reimbursement, with such request being in a form acceptable to the City (the "Payment"). Expenses eligible for Payment to the Grantee by the City shall be those expenses that have been incurred or paid for by the Grantee prior to the Grantee's submission to the City of a request for Payment. In its request to the City for the Payment, the Grantee shall submit detailed documentation to the City that clearly shows the source of the expenses incurred or paid for by the Grantee that are the subject of the Grantee's request for Payment. Such source documentation includes, but is not limited to, time sheets, paycheck stubs, receipts, invoices, billing statements, or other verification in support of all expenditures incurred by the Grantee in its performance of the Program. B. Not To Exceed The total amount of the Funding to be paid by the City under this Agreement shall not exceed twenty-eight thousand dollars ($28,000) 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. 2017-2018 Community DeN°elopment Block Grant Fundin(., Agreement— CASA of the South Plains, Inc. Page 5 C. 24 CFR 84 Every Payment may be contingent upon certification of the Grantee's financial management system in accordance with the standards specified in 24 CFR 84. Article 5. NOTICES Communication and details concerning this Agreement shall be directed to the following: For the City: For the Grantee: Piata Bryant Jaclyn Morris, Executive Director City of Lubbock CASA of South Plains P.O. Box 2000 1215 Ave J., Suite 300 Lubbock, TX 79457 Lubbock, TX 79401 Article 6. SPECIAL CONDITIONS None. Article 7. GENERAL CONDITIONS A. General Compliance 1. The Grantee agrees to comply with the requirements of 24 CFR 570, including subparts J and K; except that: (1) the Grantee does not assume the recipient's environmental responsibilities described in 24 CFR 570.604; and, (2) the Grantee does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. 2. The Grantee also agrees to comply with all other applicable Federal, State and local laws, regulations, and policies governing the Funding. The Grantee further agrees to utilize the Funding to supplement, rather than supplant, funds otherwise available. 3. The Grantee shall comply with all applicable Federal laws, regulations, and requirements and all provisions of this Agreement, which include compliance with the provisions of the HCD Act and all rules, regulations, guidelines, and circulars promulgated by the various Federal departments, agencies, administrations, and commissions relating to the CDBG Program. The applicable laws and regulations include, but are not limited to: 24 CFR Part 570; 24 CFR Parts 84 and 85; 2 CFR Part 200; OMB Circular A-128, "Audits of State and Local Governments;" The Davis -Bacon Fair Labor Standards Act; The Contract Work Hours and Safety Standards Act of 1962; Copeland "Anti -Kickback" act of 1934; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA); Title VI of the Civil Rights Act of 1964, (Public Law 88-352 implemented in 24 CFR Part 1); Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (Public Law 90-234 and Executive Order 11063 as amended by Executive Order 12259 (implemented in 24 CFR Part 107); Section 104(b) and 109 of the HCD Act of 1974; Section 3 of the Housing and Urban Development Act of 1968; Equal employment opportunity and minority business enterprise regulations established in 24 CFR Part 570.904; Non-discrimination in employment, established by Executive Order 11246 (as amended by Executive Orders 11375 and 12086); Section 504 of the Rehabilitation Act of 1973 Uniform Federal accessibility Standards; The Architectural Barriers Act of 1968; The Americans With Disabilities Act (ADA) of 1990; The Age Discrimination Act of 1975, as amended; National Environmental Policy of 1969 (42 USC 4321 et seq.), as amended; Lead 2017-2018 Conuuunih Dccelopmcnt Block Grant Funding Agreement— CASA of the South Plains, Inc. Page 6 Based paint regulations established in 24 CFR Parts 35, 570.608, and 24 CFR 982.401; Asbestos guidelines established in CPD Notice 90-44; HUD Environmental Criteria and Standards (24CFR Part 51); The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; Historic Preservation Act of 1966, as amended, and related laws and Executive Orders; Executive Order 11988, floodplain management, 1977 (42 FR 26951 et seq.); and, Flood Disaster protection Act of 1973. 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. 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 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 CITY, 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 GRANTEE. 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 The Grantee shall provide Workers' Compensation insurance coverage for all of its employees involved in the performance of this Agreement. 2017-2018 Comnunnity Development Block Grant Funding Agreement— CASA of the South Plains, Inc. Page 7 F. Insurance and Bonding The Grantee shall carry sufficient insurance coverage to protect Program assets from loss due to theft, fraud, 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. The Grantee shall comply with the bonding and insurance requirements of 24 CFR 84. 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 1. The City or the Grantee may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, 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. Either Party may terminate this Agreement at any time 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 suspend or terminate this Agreement, in whole or in part, if the Grantee fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein. Upon such failure of the Grantee, the City may declare the Grantee ineligible for any further participation in the City's contracts, in addition to other remedies as provided by law. 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. 2017-2018 Community Development Block Grant Funding Agreement — CASA of the South Plains, Inc. Page 8 D. Procurement 1. Compliance. The Grantee shall comply with the City policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such City policy as may be procured with any Funding provided herein. All Program assets purchased with Funding, including unexpended program income, property, or equipment, shall revert to the City upon the termination of this Agreement. 2. CFR Standards. The Grantee shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84, Procurement Standards, and shall subsequently follow Property Management Standards as modified by 24 CFR 570.502(b)(6), covering utilization and disposal of property. 3. Travel. The Grantee shall obtain written approval from the City for any travel OLItside the metropolitan area that is financed in any way through the Funding. 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 24 CFR Part 84 and CFR 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 under this Agreement (the "Subrecipient") shall transfer to the Grantee all CDBG funds on hand and any accounts receivable attributable to the use of the Funding at the time of expiration, cancellation, or termination of this Agreement. 2. Real property under the Subrecipient'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 570.208 until five (5) years after the expiration of this Agreement, or such longer period of time as the Grantee deems appropriate. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, then the Subrecipient shall pay to the Grantee 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 Grantee. The Subrecipient 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 Grantee deems appropriate. 3. In all cases in which equipment acquired, in whole or in part, with the Funding is sold, the proceeds shall be Program income prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment not needed by the Subrecipient for activities under this Agreement shall be transferred to the Grantee for the CDBG program, or retained after compensating the Grantee 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. 2017-2018 Community Development Block Grant Funding Agreement— CASA of the South Plains, Inc. Page 11 Article 9. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Grantee agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); the requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement and Relocation Assistance Plan under Section 104(d) of the HCD Act; and, the requirements in 570.606(d) governing optional relocation policies. The City may preempt the optional policies. The Grantee shall provide relocation assistance to persons, families, individuals, businesses, nonprofit organizations, and farms that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG-assisted project. The Grantee also agrees to comply with all applicable City ordinances, resolutions, and policies concerning the displacement of persons from their residences. Article 10. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance. The Grantee agrees to comply, and to require its subcontractors to comply, with Title VI of the Civil Rights Act of 1964 as amended; Title VIII of the Civil Rights Act of 1968 as amended; Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended; Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; Executive Order 11063; and, with Executive Order 11246 as amended by Executive Orders 11375 and 12086. 2. Nondiscrimination. The Grantee will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability, or other handicap, age, marital or familial status, or status with regard to public assistance. The Grantee will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause. 3. Land Covenants. This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 570.601-602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City and the United States are beneficiaries of and entitled to enforce such covenants. The Grantee, in undertaking its obligation to carry out the Program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504. The Grantee agrees to comply with any Federal regulations issued pursuant in compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706), which 2017-2018 Community Development Block Grant Funding Agreement — CASA of the South Plains, Inc. Page 12 prohibits discrimination against the handicapped in any Federally -assisted program. The City shall provide the Grantee with any guidelines necessary for compliance the regulations during the term of this Agreement. 5. Reports. The Grantee shall maintain a report that documents the race and ethnicity of its employees. The Grantee shall provide the City a copy with said report upon execution of this Agreement. 6. Policies. The Grantee shall maintain current copies of its fair housing and equal opportunity policies. The Grantee shall provide a copy of said policies to the City immediately upon request. B. Affirmative Action 1. Approved Plan. The Grantee agrees that t 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. 2. Women- and Minority -Owned Business. The Grantee will use its best efforts to afford minority - and women -owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. The term "minority and female business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. The term "minority group members" means Afro-Americans, Spanish-speaking, Spanish -surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Grantee may rely on written representations by businesses regarding their status as minority- and women -owned business enterprises in lieu of an independent investigation. 3. Access to Records. The Grantee shall furnish and cause any Subrecipient 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. 4. Notifications. The Grantee 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 Grantee's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. EEO/AA Statement. The Grantee will, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions. The Grantee will include the provisions of the Civil Rights and Affirmative Action sections of this Agreement, in every subcontract or purchase order, 2017-2018 Community Development Block Grant Funding Agreement— CASA of the South Plains, Inc. Page 13 specifically or by reference, so that such provisions will be binding upon each Subrecipient or subcontractor. C. Employment Restrictions 1. Prohibited Activity. The Grantee is prohibited from using the Funding or personnel employed in the administration of the Program for political activities, sectarian activity, religious activity, lobbying, political patronage, or nepotism. 2. Labor Standards. 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. 276a-276a-5; 40 USC 327 and 40 USC 276c) 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 shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. 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 the Funding, 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 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Funding and shall be binding upon the City, the Grantee, any Subrecipient, and any subcontractor. Failure to fulfill these requirements shall subject the City, the Grantee, any Subrecipient, and any subcontractor, to those sanctions specified by the Agreement. The Grantee certifies that no contractual or other disability exists which would prevent compliance with these requirements. The Grantee certifies and agrees that no contractual or other legal incapacity exists which would prevent compliance with these requirements. 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 2017-2018 Community Development Block Grant Funding Agreement— CASA of the South Plains, Inc. Page 14 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. 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 Grantee from the City 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 I. 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. 2017-2018 Communith I)c%cIoI)mcnt Block Grant Funding Agreement—CASA of the South Plains, Inc. Page 15 2. Monitoring. The Grantee will monitor 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. 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 Grantee 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. 5. 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 United States Code. H. Conflict of Interest The Grantee shall maintain a written code of conduct to govern the performance of its employees engaged in the award and administration of this Agreement, with such code of conduct being in compliance with 24 CFR 84.42. Further, the Grantee covenants that it presently has no financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Grantee further covenants that, in the performance of this Agreement, no person having such a financial interest shall be employed or retained by the Grantee. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, elected official, or appointed official of the City, any designated public agency, or Subrecipient which is receiving funds under the CDBG Entitlement program. 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. 2017-2018 Community Development Block Grant Funding Agreement — CASA of the South Plains, Inc Page 16 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 a 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 I O.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. Submission 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 Agreement 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 will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR 570.2000). Article 11. ENVIRONMENTAL CONDITIONS A. Air and Water The Grantee agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: Clean Air Act, 42 U.S.C., 7401, et seq; Federal Water Pollution Control Act, as amended; 33 U.S.C. 1251, et seq., as amended; 1318 relating to inspection, monitoring, entry, reports, and information; other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; and, Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Grantee shall assure that, for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes, including rehabilitation. 2017-2018 Community Development Block Grant Funding Agreement— CASA of the South Plains, Inc. Page 17 C. Lead -Based Paint The Grantee agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35 and will comply with all applicable requirements. D. Asbestos The City agrees to comply with the Texas Asbestos Health Protection Act set forth at Article 4477- 3a Section 12 of the Texas Civil Statutes and the National Emission Standard for Asbestos Regulations set forth at 40 CFR Part 61. E. Historic Preservation The Grantee agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on a Federal, State, or local historic property list. Article 12. 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. Article 13. 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. Article 14. 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. Article 15. CHAPTER 2270, SUBTITLE F, TITLE 10, TEXAS GOVERNMENT CODE The Grantee 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. Article 16. 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 the Grantee and any Subrecipient, with respect to this Agreement. THE PARTIES EXECUTE THIS AGREEMENT AS OF THE DATE FIRST WRITTEN ABOVE. 2017-2018 Community Development Block Grant Funding Agreement— CASA of the South Plains, Inc Page 18 SIGNATURES FOR: THE CITY OF LUBBOCK DANIEL M. POPE, MAYOR ATTEST: 0, 0" )�� Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Karen Murfee, Community Develo ent Director APPROVED AS TO FORM: Justin rruil Assistant City Attorney FOR: CASA OF THE SOUTH PLAINS, INC. J YN AORRIS, Executive Director f-WENT PH LLIPS, goard Chair FED. I.D. # 75-2482631 2017-2018 Community Development Block Grant Funding Agreement — CASA of the South Plains, Inc. Page 19 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-295460 CASA of the South Plains, Inc. Lubbock, TX United States Date Filed: 12/19/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 01/22/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13475 Child Advocacy Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is My address is 1 , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES 1295 FORM 1of1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-295460 CASA of the South Plains, Inc. Lubbock, TX United States Date Filed: 12/19/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13475 Child Advocacy Services 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary 4— a �� ,�� i� u s/� ✓ l.�bb�Y 1 x �5�1 ✓� < 06 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. .o.daoaw.i. KERRI NICOLE BLAKE �� SPRY PVB': F c's Notary Public, State of Texas , �9+Q Comm. Expires 08-12-2020 °;, Notary ID 130777818 Signafure of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE G Sworn to and subscribed before me, by the said I� l 4-y— 4 this the _ _ day of 20�_, to certify which, witness my hand and seal of office. /t K� �rsona (a✓!� Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by I exas Ethics commission www.ethics.state.tx.us Version V1.0.3337