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HomeMy WebLinkAboutResolution - 2106 - Grant Application - TDCA - Programs Administration, CDBG - 08_08_1985Resolution #2106 August 8, 1985 Agenda Item #30 LJM:js RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application and all related documents. Said Grant Application to be submitted to the Texas Department of Community Affairs and to be in the amount of ONE HUNDRED SEVENTY-TWO THOUSAND FOUR HUNDRED FORTY AND NO/100 DOLLARS ($172,440.00) for the purpose of administering programs under the Community Services Block Grant to relieve the effects of poverty in Lubbock County, a copy of the Grant Application is attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th ATTEST: e tioya, Ulty 5ecreuary APPROVED AS TO CONTENT: Sylvia A Martinez, Community Services Director APPROVED AS TO pFORM: 't Laura Monro ,, Assistant City Attorney r1m„ „f August 14a5 TEXAS DEPARTMENT OF COMMUNITY AFFAIRS CONTRACT FOR COMMUNITY SERVICES BLOCK GRANT PROGRAM STATE OF TEXAS COUNTY OF TRAVIS SECTION 1. PARTIES TO THE CONTRACT This contract is made and entered into by and between the Texas Department of Community Affairs, an agency of the State of -Texas, hereinafter referred to as Department, and City of Lubbock, Community Services Department hereinafter referred to as Contractor. The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligatins and,to the performance and accomplishment of the tasks described herein. SECTION 2. CONTRACT PERIOD This contract shall commence on October 1, 1985, and shall terminate on September 30, 1986. SECTION 3. CONTRACTOR PERFORMANCE A. Contractor shall operate, in a satisfactory manner as determined by Department, a program to provide services and activities having a measurable and potentially major impact on causes of poverty in the community under the Community Services Block Grant (CSBG) Act (42 U.S.C. Sec. 9901 et.seq.), hereinafter referred to as the Act. Contractor shall provide services and activities which are of the types specified under 42 U.S.C. Sec. 9904(c)(1). Contractor shall operate such program in accordance with the terms of the Performance Statement, hereinafter referred to as Attachment A, with the terms of the Budget, hereinafter referred to as Attachment B, which are attached hereto and hereby made a part of this contract, and with all other terms, provisions and requirements set forth in this contract. B. Contractor shall, on an equitable basis throughout the geographical area specified below, conduct the activities under this contract in the following counties of Texas: Lubbock. SECTION 4. DEPARTMENT OBLIGATIONS A. Measure of Liability In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract, Department shall be liable to Contractor for actual allowable costs incurred by Contractor during the Page 1 of 14 8(o-oa3� contract period for performances rendered under this contract by Contractor, subject to the limitations set forth in this Section 4, and subject to Contractor furnishing its share of costs incurred as set forth in Section 8 of this contract. (1) The parties hereto acknowledge that, prior to the execution of this contract, Contractor furnished Department an estimation of CSBG funds obligated to Contractor by Department under TDCA/CSBG Contract No.00019206185 that will remain unexpended as of the termination date of such contract, in the amount specified below in this Section 4(A)(1): Estimated CSBG Carry -in Funds: Eighteen Thousand Nine Hundred Twenty and no/100 Dollars ($18,920.0 Contractor may utilize such unexpended funds to pay costs properly incurred by Contractor for performances rendered under this contract, provided that Contractor understands and agrees that, notwithstanding the estimated amount set forth above in this Section 4(A)(1), any Departmental liability for costs incurred hereunder is expressly made contingent upon the accuracy of the estimation furnished by Contractor, and such liability shall be limited to_the actual amount of. funds finally determined by the Final Financial. Status Report -State Supplemental Form 269a as being unexpended under TDCA/CSBG Contract No. 00019206185. Contractor further understands and agrees that any and all such unexpended funds„shall be applied against costs incurred by Contractor hereunder prior to the expenditure of,CSBG New Obligational Authority referenced in Section 4(A)(2) of this contract; that Contractor's authority to expend such funds is expressly limited to the first quarter of the contract period specified in Section 2 of this contract. (2) In addition to the estimated funds referenced in Section CAM), Department, by the execution of this contract, acknowledges that Department has received new obligational authority from the United States Department of Health & Human Services which, if paid, will be sufficient to pay costs properly incurred by Contractor for performances rendered under this contract in the amount specified below in this Section 4(A)(2): (3) Provisional Award_ of CSBG New Obligational Authority: Zero and no/100 Dollars ($0000) Department shall not, be liable to Contractor for .costs incurred under this contract which exceed the amounts specified,above i,n Section 4(A)(1) and Section 4(A)(2), except as follows: Department, from time to time, may provide written notification to Contractor in the form of either a unilateral letter of notification or a bilaterally executed contract amendment which shall serve either to obligate additional funds under this contract or to deobligate funds previously obligated under this contract. Any determination to obligate or deobligate funds shall be made by Department in its sole discretion based upon factors including but not limited to the status of funding under grants to Department from the United States Department of Health & Human Services, the rate of utilization of funds under this contract, Page 2 of 14 and the existence of questioned or disallowed costs under CSBG-funded contracts. Such,notification(s), if any, will specify Department's maximum obligation to Contractor under this contract as of the effective,date of such notification. Contractor 'shall not incur costs in the„performance of program operations under this contract in excess of the amounts which Department has acknowledged, either by Section 4(A)(1) and Section 4(A)(2) or by subsequent written notification to Contractor, as being available to meet Contractor's costs incurred hereunder. (4) Department shall not be liable to Contractor for any cost incurred by Contractor which,is subject to reimbursement to Contractor by a source other than Department. (5) Department shall not be liable to Contractor for any costs incurred by Contractor for performance of services or activities of a type not specified under 42 U.S.C. Sec. 9904(c)(1), or for performances rendered which are not in accordance with the terms of this contract, including the terms of Attachment A and Attachment B. (6) Department shall not be liable.to Contractor for any costs incurred by Contractor in the performance of this contract which have not been reported to Department by Contractor,on Financial Status Report -State Supplemental Form 269a within ninety (90) days following the termination of this contract. (7) Department shall not be liable for costs incurred or performances rendered by Contractor before commencement of this contract or after termination of this contract. (8) Department shall not be liable to Contractor for any costs incurred by Contractor which are not allowable costs as referenced in Section 6, Cost Principles, of this contract. (9) Notwithstanding any other provision of this contract, Department's maximum obligation hereunder shall not exceed`an amount equal to Department's share of the total amount of actual allowable costs as specified in Attachment B of this contract. (10) Notwithstanding any other provision of this contract, it is understood and agreed by the parties hereto that Department's obligations under this contract are contingent upon actual receipt of adequate funds from the United States Department of Health & Human Services to meet Departmental liabilities hereunder. (11) Department shall not be liable to Contractor for any costs incurred by Contractor or for any performances rendered by Contractor for the purchase or improvement of ,land, or the purchase, construction, or permanent improvement (other than low-cost residential weatherization or other energy -related home repairs, if applicable) of any building ,or other facility. Page 3 of 14 (12) Notwithstanding any other provisions of this contract, it is expressly understood and agreed by the parties hereto that Department may, at its sole option and in its sole discretion, offset any amounts withheld or otherwise owing to Contractor under this contract against any amount owing but unpaid by Contractor to Department arising from this or any other contract between Department and Contractor. B. Excess Payments Contractor shall refund to Department, within thirty (30) days after Department requests, any sum of money which has been paid to Contractor by Department which Department determines 1) has resulted in overpayment to Contractor or 2) has not been spent strictly in accordance with the terms of this contract. C. Limit of Liability Notwithstanding any other provision of this contract, the total of all payments and other obligations for costs incurred by Contractor under this contract shall not exceed the sum of: Estimated CSBG Carry -in Funds: Eighteen Thousand Nine Hundred Twenty and no/100 Dollars ($1-8,920.00). CSBG New Obligational Authority: One Hundred Seve Hundred Forty and no/100 Dollars $172.440.001. PROVIDED HOWEVER THAT Department's maximum liability for Contractor's CSBG New Obligational Authority shall be limited to an amount not to exceed lbp- lesser of either (i) the amount specified in this Section 4(C), or (ii) the most recent provisional award as specified in Section 4(A)(2) or as Department has subsequently acknowledged by written letter of notification pursuant to Section 4(A)(3) as being available to Contractor to meet costs incurred under this contract. SECTION 5. METHOD OF PAYMENT A. Advances For each month of the period of performance of this contract, Contractor may request an advance payment by submitting to Department, no later than the twentieth (20th) day of the month prior to the month for which advance payment is sought, a properly completed Request for Advance Form 270 for an amount not to exceed Contractor's actual cash needs for the month for which such advance is sought, provided however that Department shall not make disbursement of any such advance payment until it has reviewed and approved such Request for Advance. Notwithstanding the above, Department reserves the right to utilize a cost reimbursement method of payment under this contract if Department determines that Contractor has maintained cash balances in excess of need or if Department identifies any deficiency in the cash controls or financial management system maintained by Contractor. B. Minimal Cash Balance Page 4 of 14 A Contractor's requests for advances shall be limited to the minimum amounts needed for effective operation of programs under this contract, and shall be timed as closely as possible to be in accord with actual cash requirements. Contractor shall establish procedures to minimize the time elapsing between the transfeVcontractor. f funds from Department to Contractor and the disbursal of such funds C. No later than the twentieth �20th) day of the month following the end of each quarter of the contract period specified in Section 2 of this contract, Contractor shall submit to Department a Quarterly Financial Status Report -State Supplemental Form 269a. Department may in its discretion make adjustments to advance payments requested under Section 5(A) of this contract based upon information contained in each such Form 269a. D. Notwithstanding the provisions of Section 5(A) of this contract, it is expressly understood and agreed by the parties hereto that payments under this contract are contingent upon Contractor's full "and satisfactory performance of its obligations under this contract. E. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 5 or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under any provisions of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 6. COST PRINCIPLES Except as specifically modified or superseded by federal law or regulations, the terms of this contract, or the terms of EOD issuances subsequently promulgated hereunder, in rendering performances under this contract, Contractor shall comply with the cost principles set forth in Circular No. A-87, as supplemented by the final rules promulgated by the Office of the Governor at 7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract Management Act of 1981, TEX. REV. CIV. STAT. ANN. art. 4413(32g), provided that all references to "local government" shall be construed to mean Contractor. SECTION 7. UNIFORM ADMINISTRATIVE'REQUIREMENTS Except as specifically modified or superseded by federal law or regulations, the terms of this contract, or the terms of EOD issuances subsequently promulgated hereunder, in rendering performances under this contract,. Contractor shall comply with the uniform administrative requirements set forth in Circular No. A-102, as supplemented by the final rules promulgated.by the Office of the Governor at 7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract Management Act of 1981, TEX. REV. CIV. STAT. ANN. art. 4413(32g), provided that all references to "local government" shall be construed to mean Contractor. I Page 5 of 14 SECTION 8. CONTRACTOR'S SHARE A. Contractor shall be liable to Department for providing 20 per cent of the total amount of costs incurred and other resources utilized for performances hereunder. This amount shall be referred to hereinafter as _ Contractor's share. Contractor's share may consist of cash contributions, in -kind contributions, or may be allowable costs which are incurred by Contractor under this contract. B. Amounts may be counted towards Contractor's share only if such amounts are costs or resources of a type specified by budget categories delineated in Attachment B and only if such amounts comply with the requirements of Attachment F of OMB Circular A-102 as supplemented by Sec. 5.157 of the Management Standards. Amounts shall not be applied toward Contractor's share unless such amounts are incurred for or rendered strictly in. accordance with all of the terms and provisions of this contract. C. Funds and resources provided to Contractor under this contract may in no way be substituted for funds or resources from any other source nor in any way serve to reduce the resources, services, or other benefits which would have been available to or provided through Contractor had this contract never been executed. D. The basis for determining the charges for all in -kind contributions shall be determined in accordance with Paragraphs 4 and 5 of Attachment F of OMB Circular A-102, as supplemented by Sec. 5.157 of the Management Standards. SECTION 9. TERMINATION A. Department shall have the right to terminate this contract, in whole or in part, at any time before the date of completion specified in Section 2 of this contract whenever Department determines that cause exists for such termination, including but not limited to Contractor's failure to comply with any term of this contract or with any applicable rule of Department. Department shall notify Contractor in writing of such determination prior to the thirtieth (30th) day preceding the date of such termination; the reason for such termination; the effective date of such termination; and in the case of partial termination, the portion of the contract to be terminated. Nothing in this Section 9 shall be construed so as to limit Department's authority to immediately suspend performances under this contract when Department identifies possible instances of fraud, abuse, fiscal mismanagement, or other serious deficiencies in performance. B. Either of the parties to this contract shall have the right to terminate this contract, in whole or in part, when both parties agree that the' continuation of the activities funded under this contract would not produce beneficial results commensurate with the further expenditure of funds; provided that both parties agree, in writing, upon the termination conditions, including the effective date of such termination; and in the case of partial termination, the portion of the.contract.to be terminated. Page 6 of 14 C. Upon termination or receipt of notice to terminate, whichever occurs first, Contractor shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this contract or the part of this contract to be terminated, and shall cease to incur costs thereunder. Department shall not be liable to Contractor or to Contractor's creditors for costs incurred after termination of this contract. D. Notwithstanding any exercise by Department of its right of early termination pursuant to this Section 9, Contractor shall not be relieved of any liability to Department for damages due to Department by virtue of any breach of this contract by Contractor. Department may withhold any payment to Contractor until such time as the exact amount of damages due to Department from Contractor is agreed upon or is otherwise determined. SECTION 10. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this contract which are required by changes in Federal law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or regulation. B. It is understood and agreed by the parties hereto that performances under this contract must be rendered in accordance with the Act, the regulations promulgated under the Act, and the assurances and certifications made to the United States Department of Health and Human Services by the State of Texas with regard to the operation of the Community Services Block Grant program. Based on these considerations, and in order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto that the performances under this contract may be amended in the following manner: Department may from time to time during the period of performance of this contract issue policy directives which serve to establish, interpret, or clarify performance requirements under this contract. Such policy directives shall be promulgated by the Director of Department's Economic Opportunity Division in the form of CSBG issuances, shall have the effect of qualifying the terms of this contract and shall be binding upon Contractor as if written herein, provided however that such policy directives shall not alter the terms of this contract so as to relieve Department of any obligation specified in Section 4 of this contract to reimburse costs incurred by Contractor prior to the effective date of such policy directives. C. Except as specifically provided otherwise in this contract, any alterations, additions, or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. To be effective, any amendment made pursuant to this Section 10(CY must be signed by the Executive Director of Department or his authorized representative. Page 7 of 14 D. Notwithstanding Subsection C of this Section 10, Contractor may make transfers of funds between or among line items within or between budget categories of Attachment B without requiring an amendmeAt. to this contract, or otherwise requiring Department's prior written approval provided that: (1)..the total dollar amount of any transfer during the contract period among Department's share of direct budget categories is equal to or less than five percent (5%) of the amount of total Department share shown on Page 1 of Attachment B; and (2) the transfer will not change the scope or objective of the programs funded under this contract. SECTION 11. TECHNICAL ASSISTANCE AND MONITORING Department reserves the right for Department or its designee to conduct monitoring and evaluation of the performances rendered under this contract. Departme4t;�-will notify Contractor in writing of any deficiencies noted during such review, and may withhold costs as appropriate based upon such deficiencies. Department may provide technical assistance to Contractor in correcting the deficiencies noted Department shall conduct follow-up visits to review the previous deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Department may terminate this contract or invoke other sanctions as Department determines to be appropriate. SECTION 12. RETENTION AND ACCESSIBILITY OF RECORDS A. Contractor shall maintain fiscal records and supporting documentation for all expenditures of funds made under this contract. Contractor shall comply with the retention and custodial requirements for records referenced in Section 7, Uniform Administrative Requirements, of this contract. B. Contractor shall give the United States Department of Health and Human Services, the Comptroller General of the United States, the General Accounting Office, the Auditor of the State of Texas, and Department, or any of their duly authorized representatives, access to and the right to examine, copy, or mechanically reproduce, on or off of the premises of Contractor, all reports, books, papers, documents, and other records pertaining to this contract. Such rights to access shall continue as long as the records are retained by Contractor. Contractor agrees to maintain such records in an accessible location. Contractor shall permit and cooperate with any examination conducted pursuant to this Subsection B. C. Contractor shall include the substance of this Section 12 in all subcontracts. SECTION 13. REPORTING REQUIREMENTS A. Contractor shall submit to Department no later than the twentieth (20th) day of the month after the end of each quarter of the contract period specified in Section 2 of this contract, a Quarterly Financial Status Report -State Supplemental Form 269a, of all expenditures of funds under Page 8of14 this contract during the previous quarter. B. Contractor shall submit to Department no later than the twentieth (20th) day of the month after the end of each quarter of the contract period as specified in Section 2, a Quarterly Performance Report of the activities performed pursuant to Attachment A of this contract during the previous quarter. The Quarterly Performance Report shall be in a format prescribed by Department. C. Contractor shall submit to Department no later than ninety (90) days after the termination of this contract, a final Financial Status Report -State Supplemental Form 269a, of all expenditures of funds under this contract. D. Contractor shall submit to Department no later than thirty (30) days after the termination of this contract, a final Performance Report of all activities performed pursuant to Attachment A of this contract. The final Performance Report shall be in a format prescribed by Department. E. Contractor shall submit to Department no later than thirty (30) days after the termination of this contract an inventory of the nonexpendable personal property, as defined in the property management standards referenced in Section 7, Uniform Administrative Requirements, of this contract, which was acquired in whole or in part with funds received under this contract. F. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that if Contractor fails to submit to Department in a timely and satisfactory manner any report required by this contract, Department may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Contractor hereunder. If Department withholds such payments, it shall notify the Contractor in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. SECTION 14. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both parties hereto that Department is contracting with Contractor as an independent contractor, and that Contractor agrees to hold Department harmless and indemnify it against any disallowed costs or other claims which may be asserted by any third party occurring in connection with the services to be performed by Contractor under this contract. SECTION 15. SUBCONTRACTS A. Contractor shall subcontract for performances described in this contract only after Contractor has submitted a Notice of Intent to Subcontract, on a form prescribed by Department, for each such proposed subcontract.;,- B. Unless otherwise specified by Department in writing, in selecting subcontractors hereunder, Contractor shall utilize procurement procedures set forth in Attachment 0 of the Uniform Administrative Requirements Page 9 of 14 referenced in Section 7 of this contract. Contractor, in subcontracting any of the performances hereunder, expressly understands that in entering into such subcontracts, Department is in no way liable to Contractor's subcontractor(s). C. Contractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this contract as if the performances rendered were rendered by Contractor. SECTION 16. CONFLICT OF INTEREST; NEPOTISM A. Contractor covenants that neither it nor any presently has any interest or shall acquire indirect, which would conflict in any manner of this contract. Contractor also covenants this contract no person having such interest Contractor or shall be appointed as a member body. member of its governing body any interest, direct or or degree with the performance that in the performance of shall be employed by of Contractor's governing B. Contractor shall ensure that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. C. Contractor shall ensure that no employee, officer, or agent of Contractor shall participate in the selection, or in the award or administration of a subcontract supported by funds provided hereunder if a conflict of interest, real or apparent, would be involved. Such a conflict of interest would arise when: 1) the employee, officer, or agent; 2) any member of his or her immediate family; 3) his or.her partner; or 4) any organization which employs or is about to employ, any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. D. Contractor's employees, officers, and/or agents shall neither solict nor accept gratuities, favors, or anything of monetary value from subcontractors, or potential subcontractors. SECTION 17. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS Contractor shall comply with the Act specified in Section 3 of this contract and with the rules and regulations promulgated thereunder, with Treasury Circular 1075, with the cost principles referenced in Section 6 of this contract with the uniform administrative requirements referenced in Section 7 of this contract, and with all Federal, State, and local laws and regulations applicable to the activities and performances to be rendered by Contractor under this contract. SECTION 18. PROGRAM INCOME Page 10 of 14 Contractor shall comply with activities financed in whole as referenced in Section 7, contract. the standards for program income derived from or in part with funds provided under this contract Uniform Administrative Requirements, of this SECTION 19. NON-DISCRIMINATION AND EQUAL OPPORTUNITY No person in the United States shall on the ground of race, color, religion, sex, national origin, age, handicap, political affiliation or belief be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment -in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this contract. SECTION 20. LEGAL AUTHORITY A. Contractor assures and guarantees that Contractor possesses the legal authority pursuant to any proper, appropriate and official motion, resolution, or action passed or taken giving Contractor legal authority to enter into this contract, receive funds authorized by this contract, and to perform the services Contractor has obligated itself to perform hereunder. B. The person signing this contract on behalf of Contractor hereby warrants that he has been duly authorized by Contractor to execute this contract on behalf of Contractor and to validly and legally bind Contractor to all terms, performances, and provisions herein set forth. C. Department shall have the right to terminate this contract if there is a dispute as to the legal authority of either Contractor or the person signing the contract to enter into this contract or to render promised performances hereunder. Contractor is liable to Department for any money it has received from Department for performance of the provisions of this contract if Department has suspended or terminated this contract for the reasons enumerated in this Section 20. SECTION 21. AUDIT A. Contractor shall arrange for the performance of a financial and compliance audit of funds received under this contract. Unless otherwise directed by Department, Contractor shall be subject to the following conditions and limitations. (1) Contractor shall have an audit made in accordance with the Single Audit Act of 1984, P.L. 98-502 (hereinafter referred to as "Audit Act"), and OMB's Circular No. A-128, "Audit Requirements for State and Local Governments", 49 Fed. Reg. 50134 (Dec. 26, 1984), for any of its fiscal years in which Contractor receives more than $100,000 in Federal financial assistance. For purposes of this Section 21, "Federal financial assistance" means assistance provided by a Federal agency in the form of grants, contracts, cooperative agreements, loans, loan guarantees, property, interest subsidies, insurance, or direct appropriations, but does not include direct Federal cash Page 11 of 14 assistance to individuals. It includes awards received directly from Federal agencies, and/or indirectly through other units of State and local governments. (2) Contractor shall have an audit made in accordance with the Audit Act and OMB's Circular A-128, or in accordance with the audit requirements specified in Attachment P of OMB Circular A-102, as reflected in 24 CFR Part 44 and as supplemented by Section 5.167 of the Management Standards, for any fiscal year in which Contractor receives between $25,000 and $100,000 in Federal financial assistance. (3) Contractor shall have an audit made in accordance with Attachment P of OMB Circular A-102, as supplemented by Section 5.167 of the Management Standards, for any fiscal year in which Contractor receives less than $25,000 in Federal financial assistance. (4) Nothing in this Section 21 exempts Contractor from maintaining records of assistance provided under this contract or from providing access to such records to a Federal agency or Department, as provided for in this contract. (5) Where contracts are awarded for audit services, the contracts shall include a reference to the Audit Act and OMB Circular A-128. B. Unless otherwise specifically authorized by Department in writing, Contractor shall submit three copies of the report of such audit to Department no later than one hundred twenty (120) days after the end of the audit period. Audits performed under this Section 21 are subject to review and resolution by Department or its authorized representative. Resolution of findings shall be made within six (6) months after receipt of the audit report by Department. C. Contractor understands and agrees that it shall take immediate appropriate corrective action after issuance of the audit report in instances of material noncompliance with laws, regulations or this contract, but shall, in any event, be liable to Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this contract. Contractor further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Contractor from funds which were not provided or otherwise made available to Contractor under this contract. D. Contractor shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section 21 as Department may require of Contractor. SECTION 22. TRAVEL A. All allowable travel costs under this contract shall be determined in ac- cordance with the cost principles referenced in Section 6, Cost Principles, of this contract and wfth Contractor's "Locbl Travel Policy" or the rates established by law for Department employees as applicable. Page 12 of 14 B. Except as otherwise provided herein, Department shall pay Contractor for travel and per diem expenses at the rates established by Contractor's Local Travel Policy. Contractor's "Local Travel Policy" shall consist of a writ- ten statement which delineates the rates which Contractor shall use in com- puting travel and per diem expenses of its employees. Contractor must submit to Department its current "Local Travel Policy" and documentation that such policy has been approved by Contractor's governing body. C. In those instances where grantees or contractors do not have an established organization -wide written travel policy approved by the governing board of Contractor, the State travel regulation will prevail. SECTION 23. POLITICAL ACTIVITY A. None of the performances rendered by Contractor under this contract shall involve and no portion of the funds received by Contractor hereunder shall be used for any political activity including, but not limited to, any activity undertaken to influence the outcome of any election, or the passage or defeat of any legislative measure. B. Contractor shall not engage in any political activities `in\violation of Chapter 15 of Title 5, United States Coder C. Contractor shall not engage in any activities to provide voters and prospective voters with transportation to the polls or provide similar assistance in connection with an election or any voter registration activity. D. For purposes of Chapter 15 of Title 5, United States Code, any nonprofit private organization receiving funds under this contract which has the responsibility for planning, developing, and coordinating community antipoverty programs shall be deemed to be a State or local agency. For purposes of clauses (1) and (2) of section 1502(a) of such title, any such organization receiving funds under this contract shall be deemed to be a State or local agency. SECTION 24. SECTARIAN INVOLVEMENT PROHIBITED Contractor shall ensure that no funds under this contract are used, either directly or indirectly, in the support of any religious or anti -religious activity, worship, or instruction. SECTION 25. COPYRIGHT A. Contractor may copyright any books, publications, or other copyrightable materials developed in the performance of this contract or with funds expended under this contract. B. Notwithstanding the terms of Section 25(A), Department and the United States Department of Health and Human Services shall each have a royalty free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for government purposes. Page 13 of 14 SECTION 26. COMPLIANCE WITH LAW/ORDER OF PRECEDENCE In rendering performances hereunder, Contractor shall comply with the requirements of applicable federal laws and regulations. In the event of a conflict between such laws and regulations and the terms.and conditions of this contract, precedence shall be given to the laws and regulations. SECTION 27. PREVENTION OF FRAUD AND ABUSE Contractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for the proper, effective management of all activities funded under this contract. SECTION 28. ORAL AND WRITTEN AGREEMENTS A. All oral and written agreements between the parties to this contract re- lating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained in this contract and the attachments hereto. B. The below enumerated and denominated attachments are hereby made a part of this contract, and constitute promised performances by Contractor, in accordance with Section 3 of this contract: (1) Attachment A, Performance Statement (2) Attachment B, Budget Witness our hands effective 1st day of October, 1985 Signed _ _Zk, ��L Al n Henry, Kayor City of Lubbock, Co unity Services Department Approved and accepted on behalf of the Texas Department of Community Affairs, an agency of the State of Texas. Si gned-- Rafa Quintan a, Executive Director Te s Department of Community Affairs This contract is not effective unless signed by the Executive Director of Department or his designee. Page 14 of 14 ATTACHMENT A COMMUNITY SERVICES BLOCK GRANT PERFORMANCE STATEMENT CITY OF LUBBOCK COMMUNITY SERVICES DEPARTMENT ATTACHMENT A Contractor Name_ City of Lubbock COMMUNITY SERVICES BLOCK GRANT Community Services Department Performance Statement Contract Period 10/1/85 - 9/30/86 Service Area: Lubbock County ACTIVITIES DESCRIPTION Contractor shall during the period of performance specified by Section 2 of this contract (except as otherwise stated), and for the geographic service area designated: 1. Comply with 42 U.S.C. Section 9904(c)(3) and maintain a governing board which -shall be so constituted that: 1/3 of the members are elected public officials currently holding office or their representatives at least 1/3 of the members are chosen in accordance with democratic selection procedures adequate to assure they are representatives of the poor in the area served the remainder of the members are officials or members of business, industry, labor, religious, welfare, education, or other major community groups and interests. 2. provide and operate a telephone information and referral component for 7,000 individuals so as to assist them with making more effective use of other programs. 3. provide staff to conduct 24 neighborhood meetings related to the areas of city, health, nutrition and education services for 600 neighborhood residents. 4. provide staff for outreach and referral, training and technical assistance to a minimum of 150 low-income residents of the areas listed below in order to assist them in making more effective use of other programs. Shallowater Slaton Idalou Wolfforth 5. through a delegated agreement with the Texas Department of Human Resources (TDHR), provide funds for two (2) emergency food pantries at TDHR office locations to serve low-income individuals who cannot be assisted with the Food Stamp Program in order to assist these individuals in dealing with starvation and malnutrition. A minimum of 5,500 individuals will be served. 6. operate a Energy Crisis Intervention Program (ECIP) to serve a minimum of 425 clients in order to assist them in meeting urgent and immediate individual and family needs. 7. operate a Weatherizati.on Assistance Program to serve 97 Lubbock County households benefiting 437 persontiin order to assist them in making more effective use of energy conservation. Page 1 of 2 ATTACHMENT A NAME City of Lubbock, Community Services Department PERIOD 10/1/85 - 9/30/86 8. sponsor an annual health fair to benefit a minimum of 300 individuals with health and nutritional information in order to assist them in obtaining an adequate education. 9. provide bus passes to a minimum of 1,467 low-income residents in need of transpor- tation assistance in order to assist them in making more effective use of avail- able services. 10. provide 20 needy . clients of Lubbock County with emergency assistance for the list below in order to assist them in meeting individual and family needs: transportation, medical aid, food, and utilities (non-ECIP) 11. provide a social service directory for distribution to 150 social service agencies to assure the effective delivery of such services to low-income individuals. 12. maintain in its files documentation satisfactory to Department of activities conducted pursuant to this Attachment A. Page .2 of 2 ATTACHMENT B COMMUNITY SERVICES BLOCK GRANT BUDGET TEXAS DEPARTMENT OF COMMUNITY AFFAIRS Contractor Name City of Lubbock Community Services Department Contract # S616048 _ Contract Period 10/1/85 - 9/30/86 /x/ Original / / Amendment # ATTACHMENT B COMMUNITY SERVICES BLOCK GRANT FFY 86 BUDGET DEPARTMENT CONTRACTOR TOTAL BUDGET CATEGORIES SHARE SHARE AMOUNT 1. Personnel $ 104,893 $ 20,753 $ 125,636 (Detailed on Budget Support Sheet B.1) 2. Fringe Benefits . . . . . . . . . . . . $ 13,548 $ 10,552 $ 24,100 3. Travel . . . . . . . . . . . . . . . . .$ 1,000 $ 300 $ 1,300 4. Equipment . . . . . . . . . $ 0 $ 3,600 $ 3,600 (Detailed on Budget Support Sheet B.4) 5. Supplies . . . . . . . . . . . . . . . .$ 3,100 $ 4,100 $ 7,200 6. Contractual . . . . . . . . $ 0 $ 2,000 $ 2,000 (Detailed on Budget Support Sheet B.6) 7. Other . . . . . . . . . . . . . . $ 5,155 $ 24,915 $ 30,070 (Detailed on Budget Support Sheet B.7) 8. Indirect Costs . . . . . . . . . .S 44,754 $ 0 $ 44,754 (Based on currently approved plan) 42.6% Base of 104,883 TOTALS S 172,440 *$ 66,220 $ 238,660 Department's prior written approval for purchase or lease of equipment with acquisition cost of $300 and over is required. Approval of this budget.does not constitute prior approval. *Denotes that Contractor share total shall not be less than 20'of the total amount. ATTACHMENT B.1 COMMUNITY SERVICES BLOCK GRANT BUDGET SUPPORT SHEET NAME OF CONTRACTOR City of Lubbock, Community Services; Department Personnel TITLE OR POSITION OF CSBG PARTICI- PATION NO. MOS. DEPARTMENT SHARE CONTRACTOR SHARE TOTAL SALARIES & WAGES Executive Director 100 12 29,685 0 29,685 Information/Referral Coordinator 70 12 17,616 0 17,616 Outreach Worker II 100 12 17,522 0 17,522 Outreach Worker II 100 12 15,286 0 15,286 Information/Referral Specialist 100 12 13,439 0 13,439 Clerk -Typist 100 12 11,335 0 11,335 Outreach Worker, 2 part-time 100 12 0 12,200 12,200 Social Worker (Texas Tech 12 100 4 0 5,337 5,337 weeks X 5.58 hr X 80 hr) Clerical Aides, 2 (student- 100 3 0 3,216 3,216 $3.35 hr. 6wks X 80) Subtotal this page 5 636 GRAND TOTAL 104,883 _20,753 125,636 Texas Department of Community Affairs Page 1_ of 1 ATTACHMENT B.4 COMMUNITY SERVICES BLOCK GRANT BUDGET SUPPORT SHEET NAME F CONTRACTOR City of Lubbock, Community Services Department Equipment DESCRIPTION BRAND AND MODEL UNIT COST TOTAL OF DEPT. PARTICI- PATION PURCHASES LEASES Word Processor Exxon 500 3,600 3,600 0 Subtotal this page 3,600 0 � 3RAND TOTAL 3,600 0 Texas Department of Community Affairs Page of 1 ATTACHMENT Be6 COMMUNITY SERVICES BLOCK GRANT BUDGET SUPPORT SHEET NAME OF CONTRACTOR City of Lubbock, Community Services Department Contractual BUDGET CATEGORIES DEPARTMENT SHARE CONTRACTOR SHARE TOTAL AMOUNT Audit 0 2,000 2,000 Subtotal this page r 0 2,000 2,000 GRAND TOTAL 2 ,000 2,000 Texas Department of Community Affairs Page 1 of 1 } ATTACHMENT B.7 COMMUNITY SERVICES BLOCK GRANT BUDGET SUPPORT SHEET NAME OF CONTRACTOR City of Lubbock, Community Services Division Other BUDGET CATEGORIES DEPARTMENT SHARE CONTRACTOR SHARE TOTAL AMOUNT Telephone 0 7,256 7,256 Commission Meetings 242 1,058 1,300 Advertisement 0 800 800 Liability 0 464 464 Maintenance Vehicle 0 310 310 Maintenance Equipment 0 1,200 1,200 Directory 2,086 914 3,000 Food (sub -contract) 1,000 0 11000 Transportation (bus passes) 827 0 827 Emergency Assistance 1,000 0 11000 Space 0 8,100 3,100 Vehicle 0 4,813 4,813 Subtotal this page 5055 24,915 30,070 GRAND TOTAL 5,155 24,915 30,070 Texas Department of Community Affairs Page 1 of 1