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HomeMy WebLinkAboutResolution - 2012-R0404 - Contract - Lubbock Boys And Girls Clubs - CDBG, Youth Summer Program - 10_25_2012Resolution No. 2012-RO404 October 25, 2012 Item No. 5.17 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OFT] IE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and the Lubbock Boys and Girls Clubs, from the Community Development Block Grant to fund the Youth Summer Program, and all related documents. 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 October 25 ATTEST: P -0 V.0 Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Phyl Brown Inte n Community Development Director APPROVED AS TO FORM: Amy stant i y torney gslccdocs/CDBG-Funding Agrmnt-Youth Summer ProQ.res 9.25.12 2012. Resolution No. 2012—RO404 COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN IJIE CITY OF LUBBOCK :AND LU13BOCK BOYS,XND GIRLS CLUB, INC. STATE OF TEXAS j COUNTY OF LUBBOCK 5 TI IIS AGREEMENT, entered this 25th day of October, 2012 by and between the City of Lubbock (herein called the "City") and Lubbock Bovs & Girls Club, Inc. (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 finds: 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, and WI II REAS, 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 ofpublic money; and W11FREAS, the City Council has found that the Grantee has the special expertise, knowledge and experience necessary i«r the Summer Sports Camp Program and that the City will receive adequate consideration in the firm of substantial public benefit: and 20 12-20 13 C BG FL111dill" ,V recmeiit P•1`�e 1 WHEREAS, the City desires to contract %kith the Grantee to make available fends for the l.uhbock Bovs & Girls Club Sumner Sports Camp Program. NOW, T IEREFORE, it is agreed between the parties hereto that: SC'OPF OF SFRVICE A. Activities The Grantee will be responsible for administering a CDBG Year 2012-2013 Summer Sports Camp Program 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. The Lubbock Boys & Girls Club Summer Sports Program will provide quality summer day camps. The camps provide safe, fun, and educational activities for the children during the summer when school is not in session. The program provides a supervised place for children to enjoy while parents are «working or in school. The programs will take place at the Phea Branch, located at 1801 E. 24"' and the Optimist Branch, located at 3301 Cornell. B. NationaIObjectives The Grantee certifies that the activities carried out with fiends 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 the U. S. Department of Housing and Urban Development (IIUD) funds in an amount not to exceed SI0,745 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 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 2012-2013 CD13G Funding A-reenmit payment to Grantee, or �\ hich have been reimbursed to Grantee or «hick 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 Much 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 alter termination of this agreement. D. Grantee's Responsibilities 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 during their program activity timeframe, as required by the City. 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 �khich City determines has resulted in overpayment to Grantee, or which City determines has not been spent by Grantee strictly in accordance with the terns of this agreement. Such refund shall be made by Grantee to City within thirty (30) working days after such refund is requested by City. 2012-2013 cr)BG Funding Agrczmrnt Pave 3 5. Grantee agrees to comply with applicable unilorm administrative requirements, as described in 24 CFR -570.502. 6. Grantee agrees to comply with housing and Urban Development (httcotne Performance Mcasurenlent rcquirenicnts and reporting. 7. Grantee agrees to carry out the activities under this agreement in compliance with all Federal laws and regulations described in 24 CFR Chaptcr 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. S. Grantee will have the klatch and Non-CDBG funds ready and available prior to the start of the project. Failure to do so may delay, and or cancel the project. 9. Grantee will verily and ccrtify eligibility when the activity is a Low -mod Clientele program by signing and dating the Self Certification form. 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 fund 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/ Timeline 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 Planning and recruitment Enroll and of fcr summer program Final year reporting; Timeline January -May 2012 June -August 2012 September 2012 Total Units/Year 150 (individuals) 150 Mute: Units means the number of unduplicated participants that will benefit directly from the program. _-1012-201 > CDBG Funding A-reement Pa-e 4 fimm� _ .. Fi G. Staflln{o Staff related to the entire project: Staff Nfember General Program Dutics Executive Director Administration, oversight of grant funds and club branches. Program Manager Request funds, submit reports, oversee budget Unit Director Optimist Program coordinator and club activities Unit Director Phea Program coordinator and club activities Performance Monitoring The City will monitor the performance of the Grantee for compliance with goals and requirements as required or as it deems necessary in accordance with the regulations. Monitoring will be based on a risk analysis and a monitoring plan developed at the beginning of the fiscal year. Desk monitoring will take place on a monthly basis during grantees program activity timeframe. 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. Monitoring timeline will be as follows: • Notification letter sent to grantee at least 15 da-y's before monitoring visit. • Monitoring letter sent to grantee identifying concerns and findings if any within thirty (30) days of monitoring visit. • Grantee must provide a %vritten response within thirty (30) days to the monitoring letter that describes how the grantee will resolve any issues. If no deficiencies were noted grantee must confirm receipt of report within thirty (30) days of the date of the letter. 'f ME OF PERFORMANCE Services of the Grantee shall start on the l" day of October, 2012. and terminate on the 30th clay of September, 2013. The term of this Agreement and the provisions herein shall be extended to cower any additional time period during which the Grantee remains in control of CD13G funds or other assets, including program income. 2012-2013 CD13G Funding A-reenmit Page 5 IV LTA 13i1DGET Line Item: Amount: Personnel & 510,7 l� Payroll Tales TOTAL: S 10.745 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 All payments to grantees are on a monthly reimbursement basis. The Grantee will have incurred the expense or paid for the expense and submit detailed source documentation to the City when requesting payment. It is expressly agreed and understood that the total amount to be paid by the City under this contract shall not exceed $10,745. 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. Payment request must be submitted with back-up documentation such as time sheets, paycheck stubs, receipts, invoices, billing statements or other verification in support of all expenditures incurred and charged to the grant. Payments may be contingent upon certification of the Grantee's financial management system in accordance with the standards specified in 24 C FR 84. NOTICES Communication and details concerning this contract shall be directed to the following contract representativcs: Clty Grantee Joe Rangel Tom Vermillion City of Lubbock Lubbock Boys & Girls Club P. O. Box 2000 I' O Box 94163 ,Q 12-2013 CDt3G Fundin- Agreement fla-e 6 Lubbock, TX 79457 Lubbock, TX 79493 V1. SPEC[AI, CONDITIONS NONE V[I, 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 [-lousing 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. B. '"Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. 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. C. 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 fosses, 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 hereurider. Grantee shall pay to the City, the City's respective officers, employees, elected officials and/or agents, as applicable, all attorneys' 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 3012-2013 CDBG I-mnding A-reennent Page 7 The indemnity and release provided herein shall survive the termination or voidance of this aureement. 1). Riaht to Fxcrcise The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or othervise, including without limitation, the right to seek any and all forms of relief in a court of competent ,jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, the former shall control. E. Workers' Compensation The Grantee shall provide Workers' Compensation insurance coverage for all of its employees involved in the performance of this contract. F. 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 24 CFR 84, Bonding and Insurance. G. 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. 11. 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 �!overning 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 kvith Federal, state or local governmental guidelines, policies and available funding amounts. or fir other 2012-2013 C'DI36 Funding Agreement Page 8 reasons. II' 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 %,111 he incorporated only by written amendment si`,,ned 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 thereol' 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 went 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 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. The City may also terminate this agreement in the event of an emergency or disaster, whether an act of God, natural or manmade, by giving twenty -tour (24) hour notice. The City may give said notice verbally to Grantee, Any expenditure incurred prior to receiving notice will be reimbursed; however, in no event shall the City pay any expenses incurred after notice of termination is received by Grantee. VIII. ADMINISTRATIVE REQUIRENIENTS A. Financial Management Accounting_ Standards The Grantee at, to comply with ?-I CFR 84 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls. and maintain necessary source documcntation for all costs incurred. 2. Cost Principles 2012-201 , CDBG Funding Agreement 11aae 9 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 Nvhcthcr charged on a direct or indirect basis. 13, Documentation and Record-Kceping 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 tinder this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meet the National Objective of the CDBG program of benefiting low/moderate income persons. C. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR Part 570.502, and 24 CFR 84; and g. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Retention The Grantee shall retain all records pertinent to expenditures incurred under this contract for a period of four (4) 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 four (4) years after final disposition of such property. Records for any displaced person must be kept for four (4) 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 four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. 3. Client Data '['he 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 2012-2013 CDBG Fundrn- Agreement Page 10 provided. Such information shall be made available to City monitors or their designees for rcyicw upon request. 4. Disclosure The Grantee understands that client information collected under this contract is private, and the use or disclosure of such information, %,,hen 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 minor, that of a responsible parent/guardian, unless otherwise required by law. 5. 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. 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 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, ONIB Circular A-133. Grantees meeting the O.ti-lf3 Circular A-133 requirements must submit their audits to the audit clearings house within nine (9) months after the entities fiscal year end date. 201-1-20 H CD13G Funding Agreement Pale I I C. Renortinu and PaN-mcnt Procedures Proeram Income The Grantee shrill report as required by the City all program income as defined at 24 CFR 570.500(a) generated by activities carried out %pith CDBG funds made available under this contract. The use of program income by the Grantee shall comply with the requirements set forth at ?-I CFR 570.504. Byway of further limitations, the Grantee may use such income during the contract period for activities permitted tinder this contract and shall reduce requests tar additional hinds 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 Nvill 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 farm specified by the City. 3. 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 liquidate funds available under this contract for costs incurred by the City on behalf of the Grantee. 4. Performance Reports Grantee shall submit to City a Performance and Financial Report, monthly or during their program activity time frame as requested by the city, in a format prescribed by the City and shall include the amount of funds expended for each of the eligible activities. The initial Performance and Financial Report is required by the 20'h of the Following month after program activity starts. Grantee shall continue to submit the reports monthly no later than the ?0'h of each month, the September financial report and request for reimbursement must be in by September 30. The performance report will remain due by the 20`h of the following month. Reporting will continue from the start ofprogram activity till the end ofthe program year. 2013-2013 CDBG Funding Agreement Piwe 12 Along mth the performance report grantee shall submit narrative information on progress of the funded activities to the Cite in the form, content, and frequency as required by the City. Public facility projects must submit narrative information oil progress of project on a quarterly basis. D. 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. 2. CFR Standards The Grantee shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84, Procurement Standards, and shall subsequently follow Property Management Standards as modified by 24 CFR 570.502(b)(6), covering utilization and disposal of property. 3. Travel The Grantee shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this contract. iX. 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 tinder Section 104(d) of the I ICD Act; and (c) the requirements in 570.606(d.) governing optional relocation policies. ("File City may preempt the optional policies.) The Grantee shall provide relocation assistance to persons (families, individuals, businesses, nonprofit organizattions and farms) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CD13G-assisted project. The Grantee also agrees to comply with applicable City ordinances, resolutions and policies concerning the displacement of persons from their residences. 20 f 2-2013 C DBG Funding Agreement Pane 13 X. PERSONNEL & PARTICIPANT CONDITIONS A. Civil RiLlits Compliance *The Grantee agrees to comply and to require all subcontractors to comply xvith 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 121086. 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. 3. band Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CER 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. 4. Section 504 2012-2013 CDBG Funding Agreenicnt Page 14 The Grantee atirces to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 t1.S.C. 706), which prohibits discrimination against the handicapped in ally Federally -assisted program. "[-he City shall provide the Grantee with any tillldc lines necessary fi r compliance with that portion of the regulations in force Turing the term of this contract. 5. Reports The Grantee shall maintain a report that documents the race/ethnicity of its employees. The Grantee shall provide the City a copy with said report upon execution of this Agreement. 6. Policies 'File Grantee shall maintain current copies of its fair housing and equal opportunity policies. The Grantee shall provide a copy of said policies to the City immediately upon request. B. Affirmative Action Approved Plan The Grantee agrees that it shall be committed to tarty 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. Grantees receiving federal funds through the City are required to develop a written affirmative action program to insure that equal opportunity is provided in all aspects of their employment. 2. W/MFiE 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 filly -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 xritten representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records 2012-2013 C'DBG Funcfing. Agreement Page 15 The Grantee shall furnish and cause each of its own subrecipients or subcontractors to furnish all intiirmation and reports required hereunder and «ill permit access to its books, records and accounts by the City. I ILID or its agent, or other authorized Federal officials for purposes of investi`,,ation to ascertain compliance with the rules, regulations and provisions states! herein. -I. 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. C. Employment Restrictions 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 flours 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 2012-2013 CDt3G Ftinding Agreement Page 16 requirements of this part. Such documentation shall he made available to the City fur 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 S2,000.00 for construction, renovation or repair �+ ork 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 journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve (lie Grantee of its obligation, if any, to require payment of the higher wage. The Grantee shall cause or require to he inserted in fill], 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 or 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 f lousing and Urban Development Act of 1953), as amended, 12 U.S.C. 1701. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment he given to low- and very low-income residents of' the project area, and contracts for work in connection with [lie project be awarded to business concerns that provide economic opportunities for low- 2012-2013 CDBG Funding Agreement t'a,,e 17 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 rcduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing xvithin the metropolitan area in which the CDBG-funded project is located; where feasible, priority should he given to lore- 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 I WD 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 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. C. Subcontracts The Grantee will include this Section 3 clause in every subcontract and skill 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 Iuund in violation of regulations under 24 C FR 135 and will not let any subcontract unless the 2012-2013 C DBG funding Avoiwmen[ Page 18 entity has first provided it with a preliminary statement of ability to comply with the requiremctits of these regulations. D. Conduct I. 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. 2. Subcontracts a. 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. b. Monitoring The Grantee will monitor all subcontracted services on a risk analysis basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. C. 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. d. Selection Process The Grantee shall undertake to insure that a!! subcontracts !et in the perfon-nance 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. C. Suspension f Disbarment The Grantee shall not enter into any subcontracts with an agency, husiness or individual that has been suspended. disbarred or Otherwise excluded from federal 2012-2013 CDBG Funding, Agreement Page 19 grants. The Grantee shall maintain records demonstrating that it has reviewed potential subcontractors against the debarred and excluded list prior to committing any grant tends to a subcontract. s. I latch Act The Grantee aorces that no tends provided, nor personnel cmployed under this contract, shall be in any %gay or to any extent engaged in the conduct of political activities in violation of Chapter 15 ot" I'itle V United States Cede. 4. Conflict of Interest The Grantee shall maintain written codes of conduct that govern the performance of its employees engaged in the award and administration of contracts. Said codes of conduct shall be in compliance with 24 CFR 84.42. Further, Grantee covenants that it presently has no financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Grantee further covenants that, in the performance of this Agreement, no person having such a financial interest shall be employed or retained by the Grantee 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. 5. Lobbying 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 Xyill be paid to any person fir influencing or attempting to influence an officer or eniployce of'any agency. a Member of Congress, an officer or employee of Congress, or an employee of a Mcniber of Congress in connection %%1th this Federal contract, grant, loan. or cooperative agreement, it %Hill 201 2-2013 CDBG 1"Uncling :agreement Pau 20 complete and submit Standard Form-Ll-L, "Disclosure Form to Report Lobbying." in accordance with its instructions, C. It will require that the language of paragraph (d) of this certification he 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 d. 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 rile 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. 6. 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. 7. 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). XI. ENVIRONMENTAL CONDITIONS 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. ct seq. Federal Water Pollution Control Act, as amended. 33 U.S.C. 1251, et seq., as amended, 131 S relating to inspection, monitoring, entry. reports, and information, as well as other '012-2013 CDBG Funding Aoreement Pzlge 21 requirements specified in said Section 114 and Section 308, and ali 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 FENIA 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). C . 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 and will comply with all applicable requirements. D. 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 6 1. E. Historic Preservation fhe 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 I fistoric 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 I fistoric 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. 2012-2013 CDBG Funding Agreement Kwe 22 X11. Sf:VI:RABILITY If any provision of this :agreement is held invalid, the remainder ot'the Agreement shall not be affected thereby, and all other Parts of this Agreement shall nevertheless be in foil tierce and effect. IN WITNESS WHEREOF, the Parties have executed this contract as of the elate first written above. CITY OF LUBBOCK Gle R er on Mayor A' EST: Rebe ea Garza, City Secretary LUBBOCK BOYS AND GIRLS CLUB, INC. J Tom Vermillion Executive Director APPROVED AS TO CONTENT: by s Brown, Interim Community Development Director APPROVED AS TO FORM: i nI�Sstyl torney 2012-_2013 CDBG Funding A-reement Pu,e?3