HomeMy WebLinkAboutResolution - 4543 - Agreement - Early Learning Centers - Fee Assistance Program, HUD Funds - 07_14_1994Resolution No. 4543
July 14, 1994
Item #22
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 an Agreement with the Early Learning
Centers of Lubbock to provide up to $50,000.00 from the Department of Housing and Urban
Development funds to be used in the Fee Assistance Program at Carver Early Learning Center
and Erskine Early Learning Center. Said Agreement is attached hereto and incorporated in
this Resolution as if fully set forth here mall be included in the minutes of the Council.
Passed by the City Council Phis 14th daykA /July
VID R. LANGSTON, MAYOR
ATTEST:
&tt�jj C-\�L
etty A. ohnson, ity Secretary
AP OVED AS TO CONTENT:
Sylvia Ma inez-Flores, Manager, dommunity
Development/Neighborhood Initiatives
APPROVED AS TO FORM:
Linda L. Chamales, Assistant City Attorney
dpAccdocsTLC.Res
July 6, 1994
Resolution No. 4543
July 14, 1994
Item #22
COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK AND THE EARLY LEARNING CENTERS OF LUBBOCK
STATE OF TEXAS $
COUNTY OF LUBBOCK $
This Agreement entered into this 14th day of July, 1994, by and between the
CITY OF LUBBOCK (herein called "City") and THE EARLY LEARNING CENTERS OF
LUBBOCK, a non profit center (herein called "Grantee").
WHEREAS, the City is obligated to do and perform certain services in its
undertaking of a Community Development Plan pursuant to the Housing and
Development Act of 1975, as amended,
and
WHEREAS, the Grantee operates a non-profit center offering services to
low-income individuals in the Chatman Hill area and in the Arnett Benson area;
and
WHEREAS, the services provided by the Grantee benefit citizens of the City
of Lubbock (with emphasis in target neighborhoods' in this case, Cherry Point) and
constitute a valuable public service; and
WHEREAS, the City Council of the City of Lubbock has declared programs
of the Early Learning Centers to be a public purpose and the provision of these
services to be a predominate purpose of this transaction; and
WHEREAS, the Grantee and the services it provides have been found to
meet the criteria for funding under provision 570-201(e) of the Community
Development Regulation for Public Services; and
WHEREAS, the accomplishment of the above public purpose is the
predominant purpose of this transaction; continuing supervision by the City
together with statutory and contractual requirements provide sufficient assurance
that the public purpose will be accomplished; the City Council has found that the
Grantee has the special expertise, knowledge and experience necessary for the
operation of the Early Learning Centers of Lubbock and that the City will receive
adequate consideration in the form of substantial public benefit; and
WHEREAS, the City desires to contract with the Grantee to make available
operating assistance for the Fee Assistance Program.
NOW, THEREFORE, it is agreed between the parties hereto that:
ELC- FEE ASSISTANCE FUNDING AGREEMENT
1
-
I. SCOPE OF SERVICE
A. City Responsibilities:
1. City agrees to provide Grantee assistance from Department of
Housing and Urban Development funds in an amount not to exceed
$50,000.00 in return for Grantee performing the activities set forth
in this Agreement as consideration for said funds.
2. City's financial assistance will be limited to the following:
a. The assistance made available through this Agreement shall be
used by the Grantee solely for the purpose of the Carver Early
Learning Center and Erskine Early Learning Center Fee
Assistance Program; and
b. The assistance shall provide funding for operating expenses
incurred with low mod income children participating in the Fee
Assistance Program at either Erskine Early Learning Center,
2714 Erskine or Carver Early Learning Center, 2509 Elm or
for eligible participants from the Arnett Benson or Chatman Hill
neighborhoods. Attached as exhibit A is a detailed budget for
the project; and
c. The services provided by the Grantee shall benefit lower -
income families residing in the Community Development
Target Area or attendees of the two centers aforementioned
and whose gross household income does not exceed the lower -
income eligibility requirements as established by the
Department of Housing and Urban Development.
B. Grantee's Responsibilities
1. Grantee agrees to use the funds made available through this
Agreement solely for the purpose of the Fee Assistance Program
to be held at the Carver Early Learning Center located at 2509 Elm
and the Erskine Early Learning Center located at 2714 Erskine
and/or residents of the Arnett Benson and the Chatman Hill
neighborhoods.
2. Grantee agrees to submit to the City invoices for the services and
approved costs of this program; and
3. Grantee agrees to submit to the City a report of the monthly
activities; and
ELC-FEE ASSISTANCE FUNDING AGREEMENT
2
IV.
V
VI.
4. Upon completion of this project, if the entire funded amount is not
used, Grantee agrees to refund any unused portion to City within
thirty (30) days.
5. Grantee agrees to return to the City any program income received
or accounts receivable which are attributable to the use of
Community Development Block Grant funds.
TIME OF PERFORMANCE
This Agreement shall commence July 14, 1994, and shall terminate May
31, 1995.
PAYMENT
City will pay up to $50,000.00 to Grantee based upon the receipt of request
for funds and project expense summary for the above -described project.
NOTICES
Communication and details concerning this Agreement shall be directed to
the following contract representatives:
Sylvia A. Martinez -Flores
City of Lubbock
P. 0. Box 2000
Lubbock, TX 79457
SPECIAL CONDITIONS
Joanne Cotter
Early Learning Centers of
Lubbock, Executive Director
Lubbock, TX
Grantee agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulation
concerning Community Development Block Grants (CDBG) and all federal
regulations and policies issued pursuant to these regulations. Grantee
further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with all applicable federal, state and local
ELC-FEE ASSISTANCE FUNDING AGREEMENT
3
4Z_
laws and regulations governing the funds provided under this
Agreement which were made available under City's Community
Development Block Grant program.
B. Independent Contractor
Nothing contained in this Agreement is intended to, or shall be
construed in any manner, as creating or establishing the relationship
of employer/employee between the parties. Grantee shall at all times
remain an independent contractor with respect to the services to be
performed under this Agreement. City shall be exempt from payment
of all Unemployment Compensation, FICA, retirement, life and/or
medical insurance and Worker's Compensation insurance as the
Grantee is an independent Grantee.
C. Hold Harmless
Grantee shall hold harmless, defend and indemnify City from any
and all claims, actions, suits, charges and judgments whatsoever that
arise out of Grantee's performance or nonperformance of the services
or subject matter called for in this Agreement.
D. Worker's Compensation
Grantee shall provide Worker's Compensation insurance coverage for
all employees involved in the performance of this Agreement.
E. Insurance and Bonding
Grantee shall carry sufficient insurance coverage to protect contract
assets from loss due to theft, fraud and/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 City.
F. City Recognition
Grantee shall insure recognition of the role of City's Community
Development Block Grant program in providing funding through this
Agreement. All activities, facilities and items utilized pursuant to this
Agreement shall be prominently labeled as to funding source. In
addition, Grantee will include a reference to the support provided
herein in all publications made possible with funds made available
under this Agreement.
ELC- FEE ASSISTANCE FUNDING AGREEMENT
4
G. Amendments
City or Grantee may amend this Agreement at any time, provided that
such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly -authorized representative of
both organizations and approved by the City Council if required by
law. Such amendments shall not invalidate this Agreement, nor
relieve nor release City of Grantee from its obligations under this
Agreement.
City may, in its discretion, amend this Agreement to conform with
federal, state or local governmental guidelines, policies and available
funding amounts, or for other reasons. If such amendments result in
a change in the funding, the scope of services, or the activities to be
undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both City and
Grantee.
H. Suspension or Termination
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 the Scope of Service
in Paragraph 1.13" above may only be undertaken with the prior
approval of 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 Grantee
under this Agreement shall at the option of City, become the property
of City, and Grantee shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such
documents or materials prior to the termination.
City may also suspend or terminate this Agreement, in whole or in
part, if Grantee materially fails to comply with any term of this
Agreement, or with any of the rules, regulations, or provisions
referred to herein; and the City may declare the Grantee ineligible for
any further participation in City contracts, in addition to other
remedies as provided by law. In the event there is probable cause to
believe Grantee is in noncompliance with any applicable rules or
regulations, City may withhold up to fifteen percent (15%) of said
contract funds until such time as Grantee is found to be in compliance
by City or is otherwise adjudicated to be in compliance.
ELC-FEE ASSISTANCE FUNDING AGREEMENT
5
_W/
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
Grantee agrees to comply with Attachment F of OMB Circular
A-110 and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs
incurred.
2. Cost Principles
Grantee shall administer its program in conformance with OMB
Circulars A-122, "Cost Principles for Non -Profit -Organizations",
or A-21, "Cost Principles for Educational Institutions", as
applicable, for all costs incurred whether charged on a direct or
indirect basis.
B. Documentation and Record -Keeping
1. Records to be Maintained
Grantee shall maintain all records required by the federal
regulations specified in 24 CFR Part 570.506, and that are
pertinent to the activities to be funded under this Agreement.
2. Retention
Grantee shall retain all records pertinent to expenditures
incurred under this Agreement for a period of three (3) years
after the termination of all activities funded under this
Agreement, or after the resolution of all Federal audit findings,
whichever occurs later.
3. Client Data
Grantee shall maintain client data demonstrating client eligibility
for services provided. Such data shall include, but not be
limited to, client name, address, income level or other basis for
determining eligibility, and description of service provided.
Such information shall be made available to City monitors or
their designees for review upon request.
ELC- FEE ASSISTANCE FUNDING AGREEMENT
6
4. Audits and Inspections
All Grantee records with respect to any matters covered by this
Agreement shall be made available to City, their designees or
the Federal Government, at any time during normal business
hours, as often as City deems necessary, to audit, examine,
and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by
Grantee within thirty (30) days after receipt by the Grantee.
Failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the
withholding of future payments.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
Compliance
Grantee agrees to comply and to require all 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 109 of Title 1 of the
Housing and Community Development Act of 1974, 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.
B. Conduct
1. Prohibited Activity
Grantee is prohibited from using funds provided herein or
personnel employed in the administration of the program for
political activities; sectarian or religious activities; lobbying,
political patronage, and nepotism activities.
2. Conflict of Interest
Grantee and City agree to abide by the provisions of 24 CFR
570.611 with respect to conflicts of interest, apd Grantee
covenants that it presently has no financial interest, direct or
indirect, which would conflict in any manner or degree with the
performance of the services required under this Contract and
ELC-FEE ASSISTANCE FUNDING AGREEMENT
7
that no person having such an interest will be employed as or
by the subcontractor carrying out this Agreement.
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first
EARLY LEARNING CENTERS OF
LUBBOCK
JOANNE COTTER
ECUTIVE DIRECTOR
ATTEST:
& I,- )_ �
etty M. Johns-1
City Secretary
APP VED AS TO CONTENT:
�1lvia A.Martinez-Flores
Manager, Community Development/
Neighborhood Initiatives
APPROVED AS TO FORM:
c-� 4 C>s--
Linda Charnales, Assistant
City Attorney
ELC- FEE ASSISTANCE FUNDING AGREEMENT
S
-9-
PROPOSED BUDGET WORKSHEET
Fiease complete one budget worksheet for each project proposed. Provide supporting information
requested in the space below.
Agency: Early Learning Centers of Lubbock Inc.
Project: Child Care Fee Assistance
Name of person who prepared cost estimate: Joanne Cotter Executive Director
1. Expenditures
List only expenses for this project. Column D cannot exceed 75% of Column A.
A
B
C
D
Total
+
Organizat,on
+ '
Project
In -Kind
Cash
Expenses":.*.,:..
'Contrib.utions';....
Cor�mrtment:....
Request:;
Personnel, Administrative:
$ 106,236
$
$ 66 36
s_40 non _
detailed list required
Fringe Benefits:
Payroll Taxes:
8,499
57 299
_-4" OA-_
Employee Benefits:
_ 14,751
_ 13,813
940
Professional Services:
_ _���
, �QQQ_
0
0
Equipment Rental:
Space Rental:
Office:
2,000
11500
500
Utilities:
_ 3 , 2-IL
____T2 , 293
1,000
Telephone:
500
500—
0
Other Expenses: (itemize)
Fri„r-n f i nnoys
_ 1,0()()
500
500
craft supplies
�,QRQ-.
500
�r —
food/kitchen
---4-9 0�9.-
_ LcTp
0
bldg repair/maint
3,500
1,000
insurance
2,000
_24L52Q
1,500
500
brochure/publicity
860
0
860
TOTALS
$__164,660
= $ +
$ 114,660
+ $ 50,000
A
B
2. In -Kind Services
If the in -kind contribution is needed as part
of the grant request "match," documentation
of all in -kind
services will be required should a grant result from this application.
Source:
Amount:
Faster sin s.�ts
$ 8,R-40
classroom volunteers
4.25 x 20hrs per week
$ 8,840 not
needed for match money)
TOTAL In -Kind Value:
ATTACff A- 1
PROPOSED BUDGET WORKSHEET... continued
3. Cash Resources/Known and Anticipated
List only cash income specifically designated for this project. Prorate where necessary. Include a detailed
description and analysis of all the sources of income.
Total::. Is this funding
Program Resources< Confirmed/Anticipated
Date .. .
Grants/Loans:
CDBG:
City:
State:
Other:(itemize)
USDA
llni f-PA 1J�v
laarpnt fpp4
Other Income: (itemize)
CDBG
TOTAL Cash Resources:
•22,113
39,897. - -
-- 52,650
$ 50,000
TOTAL CASH RESOURCES PLUS
IN -KIND VALUE
$ 164-1660
$ 164,660
confirmed
confirmed.
r-nn f i rmpri
• Applicant must provide the date on which all anticipated income is to be received.
Call t s
-1994 aJ locati
1- rP i n o f pro€
1. USDA Child and Adult Care Food Program - reimbursement program
for meals served to the children.
2. United Way - Based on 1994 allocation.
3.
Parent
Fees
- Ue do
not anticipate a
problem collecting parent fees.
4.
CDBG -
This
is the
request presently
being made.
NOTE: The cost per child will be $ 4.20 .
ATTACEOM A - 2