HomeMy WebLinkAboutResolution - 6314 - Funding Agreement - YWCA - 05_27_1999Resolution No. 6314
May 27, 1999
Item No. 15
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 Funding Agreement by and
between the City of Lubbock and the YWCA of Lubbock, and all related documents.
Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 27th day of May , 1999.
Y I Y
APPROVED AS TO CONTENT:
Doug Goo anaging Director
Health and(Colnununitv Services
AS TO FORM:
gs//YWCA.res
ccdocs//May 18, 1999
Resolution No. 6314
May 27, 1999
Item No. 15
COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK AND YWCA OF LUBBOCK
STATE OF TEXAS
COUNTY OF LUBBOCK §
THIS AGREEMENT, entered this 27th day of May, 1999 by and between the City of
Lubbock (herein called the "City") and YWCA of Lubbock (herein called the "Grantee").
WHEREAS, the City has applied for and received funds 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(c); 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 YWCA Annex Renovation 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 funds for the
YWCA Annex Renovation.
NOW, THEREFORE, it is agreed between the parties hereto that:
1998-99 CDBG Funding Agreement
Page 1
A. Activitie
The Grantee will be responsible for administering a CDBG Year 1998-99 YWCA Annex
Renovation 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.
Specifically, the Grantee shall with the sum of Two Hundred Forty Thousand Dollars
($240,000.00) rehabilitate the YWCA Annex facility located at 3101 34"' Street. The project
will provide renovation to this facility which will allow the grantee to provide the following
approved uses:
1. Additional Head Start classrooms for preschoolers of income -eligible families.
2. Expansion of YWCA of Lubbock YW-Care programs for exceptional students who
are physically and/or mentally challenged.
3. Additional summer camps for autistic students and emotionally disturbed students
from LISD.
4. Expanded summer programs for the exceptional students who are severe and
profoundly challenged.
5. Program offices for the YWCA of Lubbock Breast and Cervical Health Initiative
providing breast and cervical screenings for low-income women over the age of 40
who are medically under served.
6. Services for physically and mentally challenged participants in recreational activities.
7. Any additional uses to be considered for this building must be requested in writing
and approved by the City before implementation.
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 Part 570.208.
C. City Responsibilities
1. City agrees to provide Grantee assistance from Department of Housing and Urban
Development funds in an amount not to exceed $240,000.00 in return for Grantee
performing the activities set forth in this Agreement as consideration for said
funds.
2. 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 funds 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
1998-99 CDBG Funding Agreement
Page 2
and will not be liable for failure to make payments to Grantee under this
agreement.
3. 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.
4. 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.
5. 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.
6. 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.
7. City shall not be liable for costs incurred or performances rendered by Grantee
before commencement of this agreement or after termination of this agreement.
D. Grantee's Responsibilities
1. 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.
2. Grantee shall submit to City such reports on the operation and performance of
this agreement on a monthly basis.
3. 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.
4. 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
1998-99 CDBG Funding Agreement
Page 3
Grantee to City within thirty (30) working days after such refund is requested
by City.
5. Grantee agrees to comply with applicable uniform administrative
requirements, as described in 24 CFR 570.502.
6. 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.
E. Grantee's Match:
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.
2. 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.
F. 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 Detail
Rehabilitation of Facility Prepare Work Specifications
Specifications Approved by City
Bid Work and Award Job
Renovate Property
City Inspections and Reimbursements
Report Training City Staff will train program coordinators on eligibility
requirements for compliance with approved uses.
ote• Units means the number of unduplicated participants that will benefit directly from the
program.
1998-99 CDBG Funding Agreement
Page 4
G. Staffin
Staff related to the entire project:
Staff Member General Program Duties
Betty Wheeler Executive Director
H. Performance Monitoring
The City will monitor the performance of the Grantee for compliance with goals and
requirements as required herein once annually or as it deems 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.
II. TIME OF PERFORMANCE
Services of the Grantee shall start on the 27th day of May, 1999, and terminate on the 27th
day of May, 2000. 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.
III. BUDGET
Line Item:
Rehabilitation
TOTAL:
Amount:
$240,000.00
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.
It is expressly agreed and understood that the total amount to be paid by the City under this
contract shall not exceed $240,000.00. Draw downs for the payment of eligible expenses
shall be made against the line item budgets specified in Paragraph III herein and in
1998-99 CDBG Funding Agreement
Page 5
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.
V. NOTICES
Communication and details concerning this contract shall be directed to the following
contract representatives:
city
Grante
Nancy Haney Betty Wheeler
City of Lubbock YWCA of Lubbock
P. O. Box 2000 3101 35"' Street
Lubbock, TX 79457 Lubbock, TX 79413
__ • ��111#161
Return of Investment: Grantee agrees to return to the City of Lubbock, 25% of the grant
amount used for the completion of the project as outlined in the 1998-99 Citizens Guide.
The Grantee has the option of paying back the 25% in one lump sum 30 days after the
completion of the project, or to make equal payments for up to a 10 year period with no
interest charged.
Use of Facility: In accordance with 24 CFR Part 570.505, Grantee agrees to maintain the
building with the approved uses for not less than five years from the time of completion, and
in the case of an extended return of investment Grantee will maintain the building for the
same approved uses over the period of the payback. Should the Grantee discontinue use
and/or sell, lease, or otherwise divest themselves of the property, Grantee must return the
entire remaining balance of the return of investment and any other funds as required under
24 CFR Part 570.505(2)(b).
VII. GENERAL CONDITIONS
A. 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.
1998-99 CDBG Funding Agreement
Page 6
E. Insurance_andBondi
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.
F. Grantor_ReCQanition
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.
G. 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.
H. 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 undertaken with the prior approval of the City. In the event of any
termination for convenience, all finished or unfinished documents, data, studies, surveys,
maps, models, photographs, reports or other materials prepared by the Grantee under this
Agreement shall, at the option of the City, become the property of the City, and the Grantee
shall be entitled to receive just and equitable compensation for any -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
1998-99 CDBG Funding Agreement
Page 8
g. Other records necessary to document compliance with Subpart K of
24 CFR 570.
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 any 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.
3. 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.
4. 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.
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.
6. 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, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances, program income balances, and
1998-99 CDBG Funding Agreement
Page 10
accounts receivable to the City), final close-out reports and determining the
custodianship of records.
7. 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.
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.
2. 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.
IM, 276796M
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
1998-99 CDBG Funding Agreement
Page 11
accounts. In addition, the City reserves the right to liquidate funds available under
this contract for costs incurred by the City on behalf of the Grantee.
�0 •�' ••l
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 150' of July. Grantee shall
continue to submit this report monthly no later than the 15th 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.
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.
The Grantee shall procure all materials, property, or services in accordance with the
requirements of Attachment O of OMB Circular A -I 10, 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.
3. Travel
The Grantee shall obtain written approval from the City for any travel outside the
metropolitan area with funds provided under this contract.
IX. RELOCATION. REAL J!ROPERTY ACQUSITION AND ONE -FOR -ONE HOUSING
REPLACEM
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
1998-99 CDBG Funding Agreement
Page 12
assistance to persons (families, individuals, businesses, nonprofit organizations and farms)
that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion
for a CDBG-assisted project. The Grantee also agrees to comply with applicable City
ordinances, resolutions and policies concerning the displacement of persons from their
residences.
A. Civil Rights,
1. 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 VIH of the Civil Rights Act of
1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and
Community Development Act of 1974 as amended, Section 504 of the Rehabilitation
Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination
Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended
by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Grantee will not discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or
other handicap, age, marital/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.
"EMEN5N10�1 �
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
1998-99 CDBG Funding Agreement
Page 13
measures as are necessary to enforce such covenant, and will not itself so
discriminate.
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.
B. Affirmative Action
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.
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.
-
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.
1998-99 CDBG Funding Agreement
Page 14
4. Notifications
The Grantee will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice, to
be provided by the agency contracting officer, advising the labor union or worker's
representative of the Grantee's commitments hereunder, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
5. EEO/AA Statement
The Grantee will, in all solicitations or advertisements for employees placed by or
on behalf of the Grantee, state that it is an Equal Opportunity or Affirmative Action
employer.
6. Subcontract Provisions
The Grantee will include the provisions of 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.
70INEWRIMM, NXIAMMIZ
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.
2. Labor Standards
The Grantee agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act as amended, the provisions of Contract Work
Hours and Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C.
276a-276a-5; 40 USC 327 and 40 USC 276c) and all other applicable Federal, state
and local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this 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
1998-99 CDBG Funding Agreement
Page 15
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.
3. "Section 3" Clause
a. 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
1998-99 CDBG Funding Agreement
Page 16
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 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.
b. 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.
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.
D. Conduct
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.
�MITMT M.
1998-99 CDBG Funding Agreement
Page 17
Ir • .V
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.
b. 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.
C. k-onient
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.
d. Setecti
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.
0,
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.
HOMMUOMWIrmoI
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 would conflict in any
manner or degree with the performance of services required under this Agreement.
The Grantee further covenants that, in the performance of this Agreement, no person
having such a financial interest shall be employed or retained by the Grantee
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.
1998-99 CDBG Funding Agreement
Page 18
ONEEFCOUP97=4
The Grantee hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf
of it, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
b. 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;
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
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 $100,000 for each such failure.
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.
1998-99 CDBG Funding Agreement
Page 19
7. Religious Oreanization
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
570.2006).
A. Air and Water
The Grantee agrees to comply with the following requirements insofar as they apply to the
performance of this contract:
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.
Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50, as
amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4001), the Grantee shall assure that, for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation).
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.
1998-99 CDBG Funding Agreement
Page 20
City agrees to comply with the Texas Asbestos Health Protection Act set forth at Article
4477-3a Section 12 of the Texas Civil Statutes and the National Emission Standard for
Asbestos Regulations set forth at 40 CFR Part 61.
E. Historic Preservation
The Grantee agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for
Protection of Historic Properties, insofar as they apply to the performance of this 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.
XII. 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.
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
Y CA OF LUBBOCK
BETTY WHEELER
AUTHORIZED REPRESENTATIVE
FED. I.D.# /- 75-0 4 3 9 4/.? 7
A EST•
Kay Darnell, City Secretary
APPROVED AS TO CONTENT:
Doug Goo4iVah, Managing Director
of Health &d Community Services
1998-99 CDBG Funding Agreement
Page 21
APPROVED AS TO FORM:
�? t
Amy ims, an&tdy Attorne
1998-99 CDBG Funding Agreement
Page 22