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HomeMy WebLinkAboutResolution - 6145 - Contract - South Plains Regional Workforce Development Board And TWC - Childcare - 01_14_1999Resolution No.6145 Item No. 23 January 14, 1999 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents with the South Plains Regional Workforce Development Board and the Texas Workforce Commission- Child Care Services (Local Initiatives Project). 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 this 14ttday of Janua 1999. rl nj Ll Ka ST: 11, City Secretary APPROVED AS TO CONTENT: 0K, Doug G o man, Managing Dir c r of Health & ommunity Services APPROVED AS TO FORM: Resolution No. 6145 Item No. 23 January 14, 1999 COMMUNITY DEVELOPMENT FUNDING AGREEMENT e.262-9gL' 7 BETWEEN THE CITY OF LUBBOCK, SOUTH PLAINS REGIONAL WORKFORCE DEVELOPMENT BOARD AND TEXAS WORKFORCE COMMISSION STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, entered this4-2 day ofNUveA ! , 1-9-9$�by and between the City of Lubbock (herein called the "City"), the Texas Workforce Conunission ("TWC") and SOUTH PLAINS REGIONAL WORKFORCE DEVELOPMENT BOARD (herein called the "Grantee"). WHEREAS, the City has applied for and received fiends from the United States Government under Title I of the Housing and Community Development Act of 1974; and WHEREAS, the City wishes to engage the Grantee to assist the Grantee in utilizing such funds; WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Block Grant Program pursuant to the Housing and Development Act of 1975, as amended; and WHEREAS, the Grantee operates a non-profit center offering services to low- and moderate - income individuals and families; and WHEREAS, the services provided by the Grantee benefit citizens of the City of Lubbock and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared programs of the Grantee 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 24 CFR .570.201(e); 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 this public purpose will be accomplished; and an audit provides sufficient protection of the handling of public money; and WHEREAS, the City Council has found that the Grantee has the special expertise, knowledge and experience necessary for the CHILD CARE SERVICES — LOCAL INITIATIVE PROJECT and that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, TWC is the lead agency in Texas for the administration of child care funds available under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); and WHEREAS, TW'C has insufficient appropriations of state funds necessary to fully utilize the federal child care funds available under PRWORA and the State of Texas' matching share for the costs of child care is 37.72%; and 1998-99 CDBG Funding Agreement Pave l WHEREAS, Grantee may match the TWC grant for child care funds with the CDBG funds that Grantee is receiving from City; and WHEREAS, the City desires to contract with the Grantee to make available funds for the CHILD CARE SERVICE — LOCAL INITIATIVE PROJECT. NOW, THEREFORE, it is agreed between the parties hereto that: AGREEMENT BEWTEEN CITY AND GRANTEE A. SCOPE OF SERVICE Activities The Grantee will be responsible for administering a CDBG Year I998-99 CHILD CARE SERVICE — LOCAL INITIATIVE PROJECT in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. Such program will include the activities eligible under the Community Development Block Grant Program. This program will provide childcare fee assistance to low to moderate income families who are working toward self-sufficiency. This program will be a major support service for welfare and food stamps recipients who are enrolled in training or are employed, but whose wages are inadequate to cover childcare costs. The program will be leveraged with Title b Federal funds. 2. National Obiectives The Grantee certifies that the activities carried out with funds provided under this Agreement will meet the CDBG program's National Objective of benefiting low/moderate income persons, as defined in 24 CFR 570.208. City Responsibilities a. City agrees to provide Grantee assistance from Department of Housing and Urban Development funds in an amount not to exceed $120,000.00 in return for Grantee performing the activities set forth in this Agreement as consideration for said funds. b. It is expressly understood and agreed by the parties hereto that City's responsibilities are contingent upon the actual receipt of adequate federal funds to meet City's liabilities under this agreement. If adequate Rinds are not available to make payments under this agreement, City shall notify Grantee in writing within a reasonable time after such fact is determined. City shall terminate this agreement and will not be liable for failure to make payments to Grantee under this agreement. C. City shall not be liable to Grantee for any costs incurred by Grantee, or any portions thereof, which have been paid to Grantee or which are subject to payment to Grantee, or which have been reimbursed to Grantee or which are subject to reimbursement to Grantee by any source other than City or Grantee. 1998-99 CDBG funding Agreement Page 2 d. City shall not be liable to Grantee for any costs incurred by Grantee which are not allowable costs, as set forth in 24 CFR §570.207. City shall not be liable to Grantee for any costs incurred by Grantee or for any performances rendered by Grantee which are not strictly in accordance with the terms of this agreement. f. City shall not be liable to Grantee for any costs incurred by Grantee in the performance of this agreement which have not been billed to City by Grantee within ninety (90) days. g. City shall not be liable for costs incurred or performances rendered by Grantee before commencement of this agreement or after termination of this agreement. 4. Grantee's Responsibilities a. Grantee shall perform all activities in accordance with their budget, the applicable laws and regulations set forth herein; the assurance, certifications, and all other terms, provisions, and requirements set forth in this agreement. b. Grantee shall submit to City such reports on the operation and performance of this agreement on a monthly basis. In addition to the limitations on liability otherwise specified in this agreement, it is expressly understood and agreed by the parties hereto that if Grantee fails to submit to City in a timely and satisfactory manner any report required by this agreement, City may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Grantee hereunder. If City withholds such payments, it shall notify Grantee in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by City until such time as the delinquent obligations for which funds are withheld are fulfilled by Grantee. d. Grantee shall refund to City any sum of money which has been paid to Grantee by City which City determines has resulted in overpayment to Grantee, or which City determines has not been spent by Grantee strictly in accordance with the terms of this agreement. Such refund shall be made by Grantee to City within thirty (30) working days after such refund is requested by City. Grantee agrees to comply with applicable uniform administrative requirements, as described in 24 CFR 570.502. Grantee agrees to carry out the activities under this agreement in compliance with all Federal laws and regulations described in 24 CFR Chapter 570 subpart K except grantee does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR part 52. 1998-99 CDBG Funding Agreement Page 3 5 G 7 Grantee's Match: a. Grantees applying for Community Development Block Grant (CDBG) funds must supplement requests for CDBG funds with additional funds from sources other than CDBG. This project must provide 25% or more of the total project costs from non-CDBG sources. b. Matching funds may include cash provided by the agency from its own funds or other agencies, donations, or grants other than CDBG. The value of the match is subject to review and approval by the City of Lubbock. Levels of Accomplishment In addition to the normal administrative services required as part of this Agreement, the Grantee agrees to provide the following levels of program services: Activity Child Care Services Total Units/Year 137 families Note: Units means the number of unduplicated participants that will benefit directly from the program. Staffin€� Staff related to the entire project: Staff Member Donald McCullough Sue Barron Camille Williams Stacey McCraw Joseph Draughon Judy Anderson Brenda Roach Performance Monitoring General Program Duties Executive Director Financial Officer Planner Administrative Assistant CCMS Contract Spec. Contract Technician Child Development Spec. The City will monitor the performance of the Grantee for compliance with goals and requirements as required herein once annually or as it deems 1998-99 CDBG Funding Agreement Page 4 I. I 11 necessary in accordance with the regulations. 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, contract suspension or termination procedures will be initiated. TIME OF PERFORMANCE Services of the Grantee shall start on the I` day of October, 1998, and terminate on the 30th day of September, 1999. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Grantee remains in control of CDBG funds or other assets, including program income. BUDGET Line Item: Amount: Child Care reimbursement 120,000.00 TOTAL: $120,000.00 Any indirect costs charged must be consistent with the conditions of Paragraph VIII (C)(2) of this Agreement. In addition, the City may require a more detailed budget breakdown than the one contained herein, and the Grantee shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City. Any changes to this budget must be approved in writing by the City. PAYMENT It is expressly agreed and understood that the total amount to be paid by the City under this contract shall not exceed $ 120,000.00. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Grantee's financial management system in accordance with the standards specified in OMB Circular A- 110, Attachment F. NOTICES Communication and details concerning this contract shall be directed to the following contract representatives: City Nancy Haney City of Lubbock P. O. Box 2000 Lubbock, TX 79457 Grantee Donald McCullough SPRWDB P.O. Box 10227 Lubbock, Texas 79408 1998-99 CDBG Funding Agreement Page 5 F. SPECIAL CONDITIONS None. G. GENERAL CONDITIONS General Compliance The Grantee agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)). The Grantee also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Grantee further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 2. "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. 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 and/or medical insurance and Workers' Compensation insurance as the Grantee is an independent contractor. Indemnity and Release Grantee shall indemnify and hold harmless, to the fullest extent permitted by law, the City, and 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 to, in any way, manner or form, the activities contemplated hereunder, including, but limited to, losses, damages, claims or liabilities arising from or related to, in any way, manner or form, the act or omission of third parties and/or the negligence or fault of City, its respective officers, employees, elected officials and/or agents. Grantee further covenants and agrees to defend any suits or administrative proceedings brought against the City and/or the City's respective officers, employees, elected officials and/or agents on account of any such claim, and to pay or discharge the full amount or obligation of any such claim incurred by, accruing to, or imposed on the City, or the City's respective officers, employees, elected officials and/or agents, as applicable, resulting from any such suits, claims, and/or administrative proceedings or any matters resulting from the settlement or resolution of said suits, claims and/or administrative proceedings, in addition, Grantee shall pay to the City, the City's respective officers, employees, elected officials and/or agents, as applicable, all attorney's fees incurred by such parties in enforcing Grantee's indemnity in this section. The City, and its respective officers, employees, elected officials and agents shall not be liable and Grantee hereby releases the City, and its respective officers, employees, elected officials and agents, for, from and/or against any losses, damages, claims or liabilities to Grantee, on any theory of legal 1998-99 CDBG Funding Agreement Page 6 liability, including, but not limited to the negligence, of any type of degree or fault, of the City, arising from or related to, in any way, manner of form, the unenforceability or voidance, for any reason, of all or any part of this agreement. The indemnity and release provided herein shall survive the termination or voidance of this agreement. 4. Workers' Compensation The Grantee shall provide Workers' Compensation insurance coverage for all of its employees involved in the performance of this contract. 5. Insurance and Bonding The 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 the City. The Grantee shall comply with the bonding and insurance requirements of Attachment B of OMB Circular A-110, Bonding and Insurance. 6. Grantor Recognition The Grantee shall insure recognition of the role of the grantor agency in providing services through this contract. All activities, facilities, and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Grantee will include a reference to the support provided herein in all publications made possible with funds made available under this contract. 7. Amendments The 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's governing body. Such amendments shall not invalidate this Agreement nor relieve or release the City or Grantee from its obligations under this Agreement. 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 other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of 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. Suspension or Termination Either party may terminate this contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. Partial termination of the Scope of Service in Paragraph I.A. above may only be 1998-99 CDBG Funding Agreement Page 7 undertaken with the prior approval of the City. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, snaps, 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 satisfactory work completed on such documents or materials prior to the termination. The City may also 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; and 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. In the event there is probable cause to believe the Grantee is in noncompliance with any applicable rules or regulations, the City may withhold up to fifteen percent (15%) of said contract funds until such time as the Grantee is found to be in compliance by the City, or is otherwise adjudicated to be in compliance. H. ADMINISTRATIVE REQUIREMENTS Financial Management Accounting Standards The 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. b. Cost Principles The Grantee shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations". These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. 2. Documentation and Record -Keeping a. Records to be Maintained The Grantee shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i. Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets the National Objective of the CDBG program of benefiting low/moderate income persons. Ili. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; 1998-99 CDBG Funding Agreement Page 8 V. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program, vi. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110; and vii. Other records necessary to document compliance with Subpart K of 24 CFR 570. b. Retention The Grantee shall retain all records pertinent to expenditures incurred under this contract for a period of three (3) years after the termination of all activities funded under this Agreement. Records for non - expendable property acquired with funds under this contract shall be retained for three (3) years after final disposition of such property. Records for anv displaced person must be kept for three (3) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the three-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the three-year period, whichever occurs later. Client Data The 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. d. Disclosure The Grantee understands that client information collected under this contract is private, and the use or disclosure of such information, when not directly connected with the administration of the City's or Grantee's responsibilities with respect to services provided under this contract, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian, unless otherwise required by law. Property Records The Grantee shall maintain real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform with the "changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8), as applicable. f. Close -Outs The Grantee's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, 1999-99 CDBG Funding Agreement Page 9 disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City), final close-out reports and determining the custodianship of records. g. Audits & Inspections All Grantee records with respect to any matters covered by this Agreement shall be made available to the City, grantor agency, their designees or the Federal Government, at any time during normal business hours, as often as the City or grantor agency 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 the Grantee within 30 days after receipt by the Grantee. Failure of the Grantee to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Grantee hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning Grantee audits and, as applicable, OMB Circular A- 133. 3. Reportingand nd Payment Procedures Program Income The Grantee shall report on a monthly basis all program income as defined at 24 CFR 570.500(a) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Grantee shall comply with the requirements set forth at 24 CFR 570.504. Byway of further limitations, the Grantee may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to the City at the end of the contract period. Any interest earned on cash advances from the U. S. Treasury is not program income and shall be remitted promptly to the City. b. Indirect Costs If indirect costs are charged, the Grantee will develop an indirect cost allocation plan for determining the appropriate Grantee's share of administrative costs and shall submit such plan to the City for approval, in a form specified by the City. Payment Procedures The City will pay to the Grantee funds available under this contract, based upon information submitted by the Grantee and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Grantee, and not to exceed actual cash requirements. Payments will be adjusted by the City in accordance with advance fund and program income balances available in Grantee accounts. In addition, the City reserves the right to 1998-99 CDBG Funding Agreement Page 10 liquidate funds available under this contract for costs incurred by the City on behalf of the Grantee. d. Performance Reports Grantee shall submit to City a monthly Performance Report in a format prescribed by City and shall include the amount of funds obligated and expended for each of the eligible activity. The initial monthly Performance Report is required by the 20th of November. Grantee shall continue to submit this report monthly no later than the 20th of each month thereafter until all Community Development Block Grant amounts are reported and expended. The Grantee shall submit regular Progress Reports to the City in the form, content, and frequency as required by the City. 4. Procurement Compliance The Grantee shall comply with current City policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets purchased with such funds (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this contract. b. OMB Standards The Grantee shall procure all materials, property, or services in accordance with the requirements of Attachment O of OMB Circular A-110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards as modified by 24 CFR 570.502(b)(6), covering utilization and disposal of property. C. Travel The Grantee shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this contract. I. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Grantee agrees to comply with (a) 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); (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 (c) 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 1998-99 CDBG Funding Agreement Page l 1 a CDBG-assisted project. The Grantee also agrees to comply with applicable City ordinances, resolutions and policies concerning the displacement of persons from their residences. PERSONNEL & PARTICIPANT CONDITIONS Civil Rights a. Compliance The 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 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. b. 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/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. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 570.601 and 602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, 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. 1998-99 CDBG Funding Agreement Page 12 d. Section 504 The Grantee agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706), which prohibits discrimination against the handicapped in any Federally -assisted program. The City shall provide the Grantee with any guidelines necessary for compliance with that portion of the regulations in force during the term of this contract. Affirmative Action Approved Plan The Grantee agrees that it 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. The City shall provide Affirmative Action guidelines to the Grantee to assist in the formulation of such program. The Grantee shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. b. W/MBE 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 contract. As used in this contract, 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. For the purpose of this definition, "minority group members" are 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 female business enterprises in lieu of an independent investigation. C. Access to Records The Grantee shall furnish and cause each of its own subrecipients or subcontractors 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. d. 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. 1998-99 CDBG Funding Agreement Page 13 EEO/AA Statement The Grantee will, in all solicitations or advertisements for employees placed by or on behaif of the Grantee, state that it is an Equal Opportunity or Affirmative Action employer. £ Subcontract Provisions The Grantee will include the provisions of Paragraphs X.A., Civil Rights, and B., Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. Employment Restrictions a. Prohibited Activity The Grantee is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities; and lobbying. political patronage, and nepotism activities. b. 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 contract. 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 $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, 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 journeyworkers; 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. 1998-99 CDBG Funding Agreement Page 14 "Section 3" Clause Compliance Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the City, the Grantee and any of the Grantee's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the City, the Grantee and any of the Grantee's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Grantee certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. The Grantee further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this contract is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 (of the Housing and Urban Development Act of 1968), as amended, 12 U.S.C. 1701. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." The Grantee further agrees to 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 CDBG-funded project is located; where feasible, 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; and 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 CDBG-funded 1998-99 CDBG Funding Agreement Page 15 project is located; where feasible, 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. The Grantee certifies and agrees that no contractual or other legal incapacity exists which would prevent compliance with these requirements. ii. 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. iii. 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 let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Conduct a. Assignability The Grantee shall not assign or transfer any interest in this contract without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Grantee from the City under this contract 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. Subcontracts Approvals The Grantee shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the City prior to the execution of such agreement. 1998-99 CDBG Funding Agreement Page 16 ii. Monitoring The Grantee will monitor all subcontracted services on a regular 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. iii. Content The Grantee shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. iv. Selection Process The Grantee shall undertake to insure that all subcontracts let 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. Hatch Act The Grantee agrees that no funds provided, nor personnel employed under this contract, 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. d. Conflict of Interest The Grantee agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which Auld 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 hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the City, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. Lobbyin, The Grantee hereby certifies that: 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 1998-99 CDBG Funding Agreement Page 17 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; ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; iii. It will require that the language of paragraph (d) of this certification 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; and iv. Lobbying Certification - Paragraph d This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than S 100,000 for each such failure. f. Copyright If this contract results in any copyrightable material or inventions, the City and/or grantor agency 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. g. Religious Organization The Grantee agrees that funds provided under this contract 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). K. ENVIRONMENTAL CONDITIONS Air and Water The Grantee agrees to comply with the following requirements insofar as they apply to the performance of this contract: 1998-99 CDSG Funding Agreement Page 18 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, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. Environinental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. 2. 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). 3. Lead -Based Paint The Grantee agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35. Such regulations pertain to all HUD -assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that, if lead -based paint is found on the property, abatement measures may be undertaken. 4. Asbestos 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. 5. 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 contract. 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. 1998-99 CDBG Funding Agreement Page 19 12/15/98 09:56 FAX U 004 DEC-15 9B 09:40 FFZOM: TWC BUDGET 512-463-9e79 T4: 63420 PRGE:02 L. SEVERABILiTY If any provision of this Aggreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all ether parts of this Agreement shall nevertheless be in fall force and effect, It. A REEMl'NT BETWFEN TWC AND GRANTEE A. O an,tee agrees as follows: To transfer one hundred twenty thousand dollars and no/100 ($120,000.00) to TWC to be used as the non-federal (local) share for the costs of child care services during the period December 1, , 1998 through September 30, 1999. 2. Grantee will make its transfer of funds in monthly payments in accordance with a payment schedule negotiated by and agreed to by both parties. 3. The transfer and related federal funding will be used for care and 10% administrative support that meets the following criteria: a) Children must be served in the City of Lubbock. . b) Facilities used must be Child Care Management Services (CCMS) vendors, 4. Grantee will keep and make available to TWC upon request, records adequate to show that the transferred funds are eligible for matching purposes under PRWORA. 5. Grantee, by executing this agreement, assures TWC that it is not currently a party to an administrative proceeding pending before the commission. Grantee and TWC furthermore understand and agree that if Grantee should become a party to an administrative proceeding before the commission prior to acceptance of this agreement by the commission, this agreement shall be void. B. TWC agrees: 1. To use funds transferred by Grantee solely to match federal funds-ft me - costs of child care services for children served under this agreement. s 2_ To use the funds transferred by Grantee and the resulting federal funds to purchase child care and support consistent with the intent of this agreement. C, TWC and Grantee mutually agree as follows: 1. Mutually agreed upon local operating plans and procedures will be used to implement and carry out the terms and intent of this agreement. 2. This agreement is contingent upon the availability of local, state, and federal funds. Grantee understands and acknowledges that the federal funding provided through TWC that is available for this agreement is limited to the period from the beginning date of this agreement through the ending 1998-99 CDBG Funding Agreement Page 20 L. 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. II. AGREEMENT BETWEEN TWC AND GRANTEE A. Grantee agrees as follows: 1. To transfer one hundred twenty thousand dollars and no/100 ($120,000.00) to TWC to be used as the non-federal (local) share for the costs of child care services during the period October 1 , 1998 through September 30, 1999. 2. Grantee will make its transfer of funds in monthly payments in accordance with a payment schedule negotiated by and agreed to by both parties. 3. The transfer and related federal funding will be used for care and 10% administrative support that meets the following criteria: a) Children must be served in the City of Lubbock. b) Facilities used must be Child Care Management Services (CCMS) vendors. 4. Grantee will keep and make available to TWC upon request, records adequate to show that the transferred funds are eligible for matching purposes under PRWORA. 5. Grantee, by executing this agreement, assures TWC that it is not currently a party to an administrative proceeding pending before the commission. Grantee and TWC furthermore understand and agree that if Grantee should become a party to an administrative proceeding before the commission prior to acceptance of this agreement by the commission, this agreement shall be void. B. TWC agrees: To use funds transferred by Grantee solely to match federal funds for the costs of child care services for children served under this agreement. 2. To use the funds transferred by Grantee and the resulting federal funds to purchase child care and support consistent with the intent of this agreement. C. TWC and Grantee mutually agree as follows: 1. Mutually agreed upon local operating plans and procedures will be used to implement and carry out the terms and intent of this agreement. 2. This agreement is contingent upon the availability of local, state, and federal funds. Grantee understands and acknowledges that the federal funding provided through TWC that is available for this agreement is limited to the period from the beginning date of this agreement through the ending 1998-99 CDBG Funding Agreement Page 20 date of this agreement or August 31, 1999, whichever occurs sooner. If funds are other wise unavailable or reduced, written notice will be given by either party of termination, payment suspension, or funding reduction. TWC and Grantee will comply with all applicable federal laws and regulations in carrying out this agreement. 4. TWC is under no obligation to continue funding child care under this agreement in the event that the transfer of the funds for the purpose set forth in this agreement is not forthcoming. Grantee is under no obligation to continue its transfer of funds in the event that these funds are not used consistent with the terms of this agreement. 6. TWC and Grantee will comply with all applicable federal laws and regulations in carrying out this agreement. It is agreed upon by both parties that performance under this agreement is contingent upon the final acceptance of this agreement in an open meeting by a majority of the voting members of the commission. The terms of Section II of this agreement may be terminated by either TWC or Grantee, for any reason, upon written notification to the other party of at least 60 days in advance of such termination. III. General Terms A. The parties hereby understand and agree that this agreement creates no duties or obligations on the part of the City to TWC. B. The parties further understand and agree that this agreement does not create any liability or indebtedness on the part of the City to TWC in any way, mariner or form. The City, and its respective officers, employees, elected officials and agents shall not be liable and TWC hereby releases the City, and its respective officers, employees, elected officials and agents, for, from and/or against any losses, damages, claims or liabilities to TWC, on any theory of legal liability, including, but not limited to the negligence, of any type of degree or fault, of the City, arising from or related to, in any way, manner of form, the unenforceability or voidance, for any reason, of all or any part of this agreement. C. The parties agree that this contract is performable under Texas law and venue is Lubbock County, Texas. 1998-99 CDBG Funding Agreement Page 21 C. IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF`IAJBBu WINDY SIVON, MAYOR ATE Kaythi jarriell, City Secretary SPR /W� DB: DONALD MCCULLOUGH AUTHORIZED REPRESENT/ATIVE FED. I.D.# 7!'7- " '-&77 T T� APPROVED AS TO CONTENT: WORKF C COMMISSIO oug Gq6dman, Managing Di r of health d Community Se es Mike Sheridan Name APPROVED AS TO FORM: Chief EIected Official: Judge N#ayne Whiteaker SPRWDB Chair: Executive Airector Title Chief Elected Official: �1 dge Je Robertson Chief Elected Official: x c' ) Barry gl ger Judge Donald McBeath 1998-99 CDBG Funding Agreement N: Page 22