HomeMy WebLinkAboutResolution - 2012-R0411 - Contract - Salvation Army - ESG, Street Outreach, Emergency Shelter, Etc. - 10_25_2012Resolution No. 2012—RO411
October 25, 2012
Item No. 5.25
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 Community Development Funding Contract,
by and between the City of Lubbock and the Salvation Army from the Emergency Solutions
Grant Street Outreach, Emergency Shelter, Homeless Prevention, and Rapid Re -housing, 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 , 2012.
�//
GLENQ�,'46BPffSON,
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT.
PhyliBrown
Inte m Community Development Director
APPROVED AS TO FORM:
Assistant City Attorney
gs/cedoes/ESG.res-Salvation Army 12-13
9.25.12
Resolution No. 2012-RO411
COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN THE CITY OF LUBBOCK AND
THE SALVATION ARMY A GEORGIA CORPORAT[ON
STATE OF TEXAS §
COUNTY OF Ll_1BBOCK §
This Agreement entered into on this 25,th day of October 20121, by and between the CITY
OF LU13BOCK (herein called "City") and The Salvation Army, a non-profit center (herein called
"Grantee").
WHEREAS, the City is obligated to do and perform certain services in its undertaking of'
an Emergency Solutions Grant Program pursuant to Subpart B of Title IV of the Stewart 13.
McKinney Homeless Assistance Act (42 U.S.C. 11371-1 1378), as amended by the Homeless
Emergency and Rapid Transition to Housing Act of 2009 (Public Law 1 1 1-22) (HEARTH Act)
and
WHEREAS, the Grantee operates a non-profit center offering services to the homeless;
and
WHEREAS, the Corporation and the services it provides have been found to meet the
criteria for funding under provisions 24 CFR §576.23 of the Emergency Solutions Regulation for
Nonprofit Recipients; and
WHEREAS, the Street Outreach, Emergency Shelter, Homeless Prevention, Rapid Re-
housing and Homeless Management Information System are fundable by the Department of
Housing and Urban Development; 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 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 Outreach, Emergency Shelter, Homeless Prevention
and Rapid Re -housing programs 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 assistance for
the Salvation Army Outreach, Emergency Shelter, I [omeless Prevention and Rapid Re -housing
programs.
NOW, THEREFORE, it is agreed between the parties hereto that:
SCOPE OF SERVICE
2012-2013 ESG Funding Agreement
A. Activities
The Grantee will be responsible for administering an Finergency Solutions Grant
Year 2012-2013 Outreach, Emergency Shelter. Homeless Prevention and Rapid
Re -housing programs in a [Wanner satisfactory to the City and consistent with any
standards required as a condition of providing these funds. Such program will
include the activities eligible tinder the Outreach, Emergency Shelter, I Iorneless
Prevention and Rapid Re -housing programs.
This project will provide funds for outreach to homeless individuals, operations of
facility, homeless prevention assistance and rapid re -housing assistance to
stabilize their situation so they may remain in or gain permanent housing.
B. Objective
The Grantee certifies that the activities carried out with funds provided under this
Agreement will meet one or more of the eligible activities for funding under the
Emergency Solutions Grant program - as defined in 24 CFR §576.21 as amended
by the HEARTH Act.
C. City Responsibilities
1. City agrees to provide Grantee assistance from U.S. Department of Housing
and Urban Development funds in an amount not to exceed S 120,207 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.
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 §576.21 as amended by the
HEARTH Act.
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.
2012-2013 ESG Funding Agreement
6. City shall not be liable to Grantee liar any costs incurred by Grantee in the
performance of this agreement which have not been billed to City by Grantee
within ninety (�)t)) days following termination of this agreement.
City shall not be liable for costs incurred or performances rendered by Grantee
before commencement of this agreement or after termination of this agreement.
8. City shall review all work specifications prior to the beginning of the
procurement process.
9_ City shall inspect work for compliance prior to any release of hinds.
D. Grantee's Responsibilities
Grantee shall conduct, in a satisfactory manner as determined by City, an
Emergency Solutions Grants Program pursuant to Subpart B of Title IV of the
Stewart B. McKinney Ilomeless Assistance Act (42 USC §§11371-11378), as
amended by the HEARTH Act.
Grantee shall perform all activities in accordance with their budget, all
applicable Federal, state, and local laws, ordinances, statutes, rules, and
regulations set forth herein; the assurance, certifications, and all other tenns,
provisions, and requirements set forth in this agreement.
3. Grantee agrees to comply with Housing and Urban Development (HUD)
Outcome Performance Measurement requirements and reporting.
4. 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.
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 othervise 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.
6. Grantee shall refund to City the money which has been paid to Grantee by City
which City determines has resulted in overpayment to Grantee, or which City
determines has not been spent by Grantee strictly in accordance with the terms
of this agreement. Such refund shall be made by Grantee to City within thirty
(30) working days after such refund is requested by City.
2012-2013 ESG Frniding Agreement
3
7. Grantee shall submit to City f-or review all work specifications prior to the
beginning of the procurement process. Grantee shall notify City upon Nvork
completion for inspection prior to release of funds.
8. Grantee will verify and certify eligibility when the activity is a Low -mod
Clientele program by signing and dating the Self Certification form.
E. Grantee's Match
Grantee agrees to provide as match an amount of funds equal to the amount of
funds provided by City under this agreement for performances hereunder.
Such funds must be provided from sources other than under this agreement.
This amount shall be referred to hereinafter as Grantee's match. Match is
subject to review and approval by the City of Lubbock.
2. Amounts may be counted toward Grantee's match only if such amounts are
costs or resources of a type and amount as computed in accordance with this
subsection and as set forth in 42 USC § 11375. In calculating the amount of
grantee's match, grantee may include the value of any donated material or
building; the value of any lease on a building; any salary paid to staff of
Grantee in carrying out the activities required under this agreement; and the
time and services contributed by volunteers to carry out such activities,
determined at the rate as determined by HUD and approved by the City.
Grantee shall determine the value of any donated material or building, or any
lease using any method reasonably calculated to establish a fair market value.
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:
Activitv Timeline Units Per Month* Total Units/Year
Screen and admit clients Oct -Sept 375 (individuals) 4,500
Counseling, job referral Oct -Sept 375 4,500
Provide room and board Oct -Sept 375 4,500
*Residential and Non -Residential Individuals served.
G. Staffing
Staff Member
Major
Social Service Director
Case Managers
General Program Duties
Overall oversight of center
Day to day operations
Project Management
2012-2013 ESG Rending Agreement
4
I -I. Performance Monitoring
The City Xtirll monitor the performance of the Grantee iOr compliance with goals and
requirements as requires{ 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 days before monitoring visit.
Monitoring letter sent to grantee identifying concerns and findings if within thirty
(30) days of monitoring visit.
Grantee must provide a written 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.
IL TIME OF PERFORMANCE
This Agreement shall commence October 1, 2012, and shall terminate September 30,
2013. The term of the Agreement and the provisions herein shall be extended to cover
any additional time period during which the Grantee remains in control of ESG funds or
other assets, including program income.
III. BUDGET
Line Item:
Street Outreach — Mobile Canteen Operations
Emergency Shelter
Homeless Prevention
Rapid Re -housing Assistance
Specific Description of Activities:
S Amount:
15.000
45,000
15.000
4 5,20 7
Total S 120.207
20 12-20 13 ESG Funding Avreement
IV
V
VI
The City nuty require a niore detailed budget breakdown than the one contained herein,
and the Grantee shall provide such supplementary hudget information in a timely fashion
in the form and content prescribed by the Cite. :any changes to this bud<<ct Must be
appro%,ed 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 120,207, Drawdowns for the payment of eligible expenses
shall he 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 IIl and in accordance with
performance.
Payment request 111ust 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 CFR 84.
NOTICES
Communication and details concerning this Agreement shall be directed to the following
contract representatives:
City
Joe Rangel
City of Lubbock
P. O. Box 2000
Lubbock, TX 79457
SPECGiL CONDITIONS
Use as an Emergency Shelter
Grantee
Major 'l`im Grider
The Salvation Army
P. O. Box 2785
Lubbock, TX 79408
Any building for which activities described in 24 CFR 576 21 (a)(2) or (a)(3) must be
maintained as a shelter for the homeless for the period during which such assistance is
provided and the building's use shall be governed by the provisions set forth in 24 CFR
§576.531. A substitute site or shelter may be used during this period, so long as the same
general population is served. For purposes of this contract, the term "same general
population" means either the same types of homeless persons originally served wvith this
_'012-2013 ESG Fundi w A,ueement
I.it�ct'gency SOILMonS Grant assistance (i.e. Battered spouses) or persons in the same
i7cographic area.
V11. GFNFRM, CONDITIONS
V General Compliance
Grantee agrees to comply %kith all applicable federal, state and local laws, regulations and
policies governing the funds provided under this ;greement which were made available
under City's I mergency Solutions Grant program. Grantee further agrees to utilize titnds
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.
Grantee shall at all times remain an "independent contractor" with respect to the services
to be performed under this Agreement. City shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or medical insurance and
Worker's Compensation insurance as the Grantee is an independent 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 losses, damages, claims or liabilities, of any kind or nature, which
arise directly or indirectly, or are related to, in any way, manner or form, the activities
contemplated hereunder.
Grantee shall pay to the City, the City's respective officers, employees, elected
officials and/or agents, as applicable, all attorney's fees incurred by such parties in
enforcing Grantee's indemnity in this section.
The City, and its respcctive 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
The indemnity and release provided herein shall survive the termination or
voidance of this agreement.
D. Right to Exercise
The City reserves the right to exercise an}, right or remedy available to it by law, contract,
equity, or otherwise, 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
21012-2013 F SG Funding A-rectnent
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 convict between this provision and another provision
in, or related to, this document, the former shall control.
1 . Worker's Compensation
Grantee shall provide Worker's Compensation Insurance coverage for all of its employees
involved in the performance of this contract.
1=. Insurance and Bonding
Grantee shall carry sufficient insurance coverage to protect contract assets from loss due
to theft fraud and/or undue physical damage, and as a minimum, shall purchase a blanket
fidelity bond covering all employees in an amount equal to cash advances from City.
Grantee shall comply with the bonding and insurance requirements of 24 CFR 84,
Bonding and Insurance,
G. Grantor Recoenition
Grantee shall insure recognition of the role of City's Emergency Solutions Grant program
in providing funding through this Agreement. All activities, facilities and items utilized
pursuant to this Agreement shall be prominently labeled as to funding source. In
addition, Grantee will include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement.
If. Amendments
City or Grantee may amend this Agreement at any time, provided that such amendments
make specific reference to this Agreement, and are executed in writing, signed by a duly -
authorized representative of both organizations and approved by the City Council if
required by law. Such amendments shall not invalidate this Agreement, nor relieve nor
release City or Grantee from its obligations under this Agreement.
City may, in its discretion, amend this Agreement to conform with federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of services, or the activities
to be undertaken as part of this Agreement, such modifications will be incorporated only
by written amendment signed by both City and Grantee.
Suspension or Termination
Either party may terminate this Agreement at any time by giving written notice to the
other party of such termination and specifying the effective date thereofat least thirty
(30) days before the effective date of such termination. Partial termination of the Scope
of Service in Paragraph 'TA" above may only be undertaken with the prior written
2012-2013 FSG Fundinu Agreement
S
approval of the City. in the went ofany termination for convenience, all finished or
unfinished documents, data, studies, surveys, maps, models, photographs, reports, or
other materials prepared by Grantee tinder this Agreement shall at the option of City,
Become the property of City, and Granter; shall be entitled to receive just and equitable:
compensation for any satistactory work completed on such documents or materials prior
to the termination.
City may also suspend or terminate this Agreement, in whole or in part, if Grantee
materially fails to comply with any term of this Agreement, or with any of the rules,
regulations, or provisions referred to herein and the City may declare the Grantee
ineligible for any further participation in City contracts, in addition to other remedies as
provided by law. In the event there is probable cause to believe Grantee is in
noncompliance with any applicable rules or regulations, City may withhold up to fifteen
percent (15%) of said contract funds until such time as Grantee is found to be in
compliance by City or is otherwise adjudicated to be in compliance.
The City may terminate this agreement in the event of an emergency or disaster, whether
an act of God or manmade, by giving twenty-four (24) hour notice. This 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.
J. Relocation and ACQuiSitio
Grantee agrees to abide by the provisions relocation and assistance as set forth in 24 CFR
§576.59 when applicable.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
Aceountin,g Standards
Grantee agrees to comply with 24 CFR 84 and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
Cost Principles
Grantee shall administer its program in conformance with OMB Circulars A-122.
"Cost Principles for Non -Profit Organizations" for all costs incurred whether
charged on a direct or indirect basis. The grantee shall also comply with the
applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for
tirants and cooperative agreements to state and local governments", and OMB
Circular A-87.
13. Documentation and Record -Keeping
Records to be Maintained
2012-2013 ESG Funding Agreement
Grantee shall maintain all records required by federal regulations specified, and
that are pertinent to the activities to be funded under this Ageement. Such
i-ccords shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the eligible activities of the ESG program;
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 Nvith ESG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the ESG program;
f. Financial records as required by 24 CFR Part 576 Subpart G and
24 CFR 84.
g. Other records necessary to document compliance with Subpart G
of 24 CFR 576.
2. Retention
Grantee shall retain all records pertinent to expenditures incurred under this
Agreement for a period of four (4) years. Records for non -expendable property
acquired with funds under this contract shall be retained 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.
Client Data
Grantee shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to, client name, address,
income level or other basis for determining eligibility, and description of service
provided. Such information shall be made available to City monitors or their
designees for review upon request.
Disclosure
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. All disclosures
retained by Grantee relating to the Federal funds shall be governed by the
provisions of the Texas Public Information Act (Texas Government Code Chapter
552).
2012-2013 ESG Funding Avreernent
10
Prot�erty RccorcCs
Grantee shall maintain real property inventory records which clearly identify
propertics purchased, improved or sold.
b. Close -Outs
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'prokram assets (including, the return of
all unused materials, equipment, unspent cash advances, program income
balances, and accounts receivable to the Grantee), final close-out report and
determining the custodianship of records.
Audits and Inspections
All Grantee records with respect to any matters covered by this Agreement shall
be made available to City, their designees or the Federal Government, at any time
during normal business hours, as often as City deems necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies
noted in audit reports must be fully cleared by Grantee within thirty (30) days
after receipt by the Grantee. Failure to comply with the above audit requirements
will constitute a violation of this Agreement and may result in the withholding of
future payments. Grantee shall hereby agree to have an annual agency audit
conducted in accordance with current City policy concerning Grantee audits and,
as applicable, OMB Circular A-] 33.
Grantees meeting the OMB Circular A-] 33 requirements must submit their audits
to the audit clearing house within nine (9) months after the entities fiscal year end
date.
C. Reporting and Payment Procedures
Program Income
Grantee shall report as required by the City all program income generated by
activities carried out with ESG funds made available under this contract. By way
of further limitations, the Grantee may use such income during the contract period
f'or 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.
?. Indirect Costs
2012-2013 ESG Funding Agreement
11
D
If indirect costs are charged, the Grantee will dcN clop .in indirect cost allocation
plan fi)r determining the appropriate Grantee's share. ofadininisurative costs and
Shall submit such plan to the Grantee for appruVal, in a forin specified by the City.
Pavment 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 ot'certain advances,
payments will he 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 tinder
this contract for costs incurred by the City on behalfofthe Grantee.
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`' of the
following month after program activity starts. Grantee shall continue to submit the
reports monthly no later than the 20'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 201h of the following month. Reporting
will continue from the start of program activity till the end of the program year.
Along with the performance report grantee shall submit narrative information on
progress of the funded activities to the City in the form, content, and frequency as
required by the City. Public facility projects must submit narrative information on
progress of project on a quarterly basis.
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 tennination of this
contract.
CFR Standards
2012-2013 ESG t ending Agreement
12
Fri vc l
Grantee shill procure all materials, property, or services in accordance with the
rcquirc:rTTerTts of 24 CFR 84, Procurement Standards, and shall subscqucntly
Follow the Property Manalemcnt Standards as modilied by 24 CFR 570.502(b)(6).
covering utilization and disposal ot'property.
Grantee shall obtain written approval from the City for any travel outside the
metropolitan area with funds provided under this contract.
IX. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
Compliance
Grantee agrees to comply and to require all subcontractors to comply with Title VI
of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of
1968 as amended, Section 109 of Title I of the Housing and Community
Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975,
Executive Order 11063, and with Executive Order 11246 as amended by
Executive Orders 1 1375 and 12086 and Executive Order 13279 and the
regulations issued under the Order at 41 CFR Chapter 60.
Nondiscrimination
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. 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 ofcompensation, and selection for training, including apprenticeship.
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 provision of this nondiscrimination clause.
Section 504
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),
and all related regulations, which prohibits discrimination against the handicapped
in any Federally assisted prograrn. The City shall provide the Grantee with any
1012-2013 ESG Fundinty A-reennent
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Ortidelincs necessary for compliance with that portion of -the regulations in f(jrce
durin4o the term of this contract.
41 Report
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.
Policies
The Grantee shall maintain current copies of its fair housing ad 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 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.
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.
W/MBE
Grantee will use its best efforts to afford minority- and women -owned business
enterprises the maxinium 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 (51) percent 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 Arnerican
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,
Access to Records
Grantee shall furnish and cause each of its own subrecipicnts 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.
10 12-20 13 ESG Funding Agreement
14
4. Notification
Grantee will send to each labor union or representative of works 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
Grantee will, in all solicitations or advertisements for employees placed by or on
behalf of the Grantee, state that it is an Equal Opportunity and Affirmative Action
employer.
6. Subcontractors
Grantee will include the provisions of Paragraph IX 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
Grantee is prohibited from using funds provided herein or personnel employed in
the administration of the program for: political activities; sectarian or religious
activities; lobbying, political patronage, and nepotism activities.
2. Labor Standards
Grantee agrees to comply and require all subcontractors 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, the Safety Standards Act, the
Copeland "Anti -Kickback" Act, and all other applicable federal, state, and local
laws pertaining to labor standards insofar as those acts apply to the performance
of this Agreement. Grantee will maintain documentation which demonstrates
compliance with hour and wage requirements of this part; this documentation
shall be made available to the City for review upon request.
"Section 3" Clause
Compliance
Grantee agrees to comply with the provisions of Section 3 of the I lousing
and Urban Development Act, as amended (12 USC § I701. et al.) and to
include the following clause in all subcontracts executed tinder this
Agreement:
2012-7013 FSG Funding Agreement
15
"The Work to be performed under this Contract is a project assisted
under a program providing direct federal financial assistance tium
I IUD and is subject to the requirements of Section 3 of the
I ousing and Urban Development Act of 1968, as amended. 121
U.S.C. 170 1. 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 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."
Grantee certifies and agrees that no contractual or other legal incapacity
exists which would prevent compliance with these requirements.
C. Conduct
Assi ng_ability
Grantee shall not assign or transfer any interest in this contract without the prior
written consent of the City thereto, provided, however, that claims for money due
or to become due to the Grantee from the City under this contract may be assigned
to a bank, trust company, or other financial institution without such approval.
Notice of any such assignment or transfer shall be furnished promptly to the City.
Subcontracts
Approvals
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.
Monitoring
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.
Content
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
2012-2013 ESG Funding Agreernent
16
Grantee shall undertake to insure that all subcontracts let in the
performance of this Agreement shall be awarded on a lair and open
competition basis. Executed copies ofall subcontracts shall be t()rnvardcd
to the Grantee along with documentation concernino the selection process.
e. Susoension./Disbarment
The Grantee shall not enter into any subcontracts with an agency, business
or individual that has been suspended, disbarred or otherwise excluded
from federal .grants. The Grantee shall maintain records demonstrating
that it has reviewed potential subcontractors against the debarred and
excluded list prior to committing any grant funds to a subcontract.
3. Hatch Act
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.
4. Conflict of Interest
The Grantee shall maintain written codes of conduct that govern the performance
of it employees engaged in the award and administration of contracts. Said codes
of conduct shall be in compliance with 24 CFR 84.42.
Grantee and City agree to abide by the provisions of 24 CFR § 576.57 (d) with
respect to conflicts of interest, and Grantee covenants that it presently has no
financial interest, direct or indirect, which would conflict in any manner or degree
with the perfonnance of the services required under this Agreement. 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 designed public agencies or subrecipients which are receiving funds under the
ESG Program.
5. Lobbying
Grantee hereby certifies that it is in compliance with the provisions of the Byrd
Amendment (42 USC § 3537, and § 3545, and 31 USC 1352) and the
implementing regulations at 24 CFR Parts 4 and 87 as follows
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 ol'Con gress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of
2012-M 13 ESG Funding Agrecnicnt
17
X
any Federal loan, the enterin,(Y into of c3n)' cooperative i reerner1t,
and the extension, continuation, renewal, amelILIMCnt or
modification of anv Federal contract grant, Loan or cooperative
aorecment.
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
certilication be included in the award documents for all suba�vards
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 31 USC § 1352.
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.
6. Copyright
If this contract results in any copyrightable material or inventions, the City
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
Grantee agrees that funds provided under this contract will not be utilized for
religious activities, to promote religious interests, or for the benefit of religious
organization in accordance with the Federal regulations specified in 24 CFR
576.22(b),
ENVIRONMENTAL CONDITIONS
A. Air and Water
20 12-20 13 FSG Fundin, A-reernent
18
Grantee agrees to comply with the h)lloMving I"cylllrenlent Insofar as they apply to the
performance of this contract:
Clean Air Act, 42 U.S.C.. 7401, et seq.
Federal Watzr Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and inlorlllation,
Lis well as other requirements specified in said Section 114 and Section 308, and
all regulations and guidelines issued thereunder.
Environmental Protection Agency (FPA) regulations pursuant to 40 C.F.R., Part
50, as amended, and any and all Federal, state, and local Ia%vs and regulations and
guidelines relating to or pertaining to environmental matters.
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), and any or all related
Federal, State, or local laws, regulations and guidelines.
C. Lead -Based Paint
Grantee agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the Lead -Based Paint
Poisoning Prevention Act (42 USC 4821 through 4846) and 24 CFR Part 35, and any or
all related Federal, state, or local laws, regulations or guidelines as applicable.
D. Asbestos
Grantee agrees to comply with the Texas Asbestos I lealth 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, and any or all related
Federal, state, or local laws, regulations or guidelines.
E. Historic Preservation
Grantee agrees to comply with the Historic Preservation requirements set forth in the
National I listoric 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, and any or all related Federal, state or local laws, regulations or
guidelines.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a Federal, state, or local historic property list.
2012-20 [ 3 ESG Funding Agreement
19
YI. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affccted thereby and all other parts of this Agreement shall nevertheless be in full
force and effect.
IN WI'l-MESS WI-IEREOF, the Parties have executed this contract as of the date first written
above.
CITY OF LUBBOCK
AVII,
Glen C obertso
Mayor
ATTEST :
Reb Acca Garza, City :Secretary
THE SALVATION ARMY
A GEORGIA CORPORATION
Ala f " I
t: • .
APP- OVED AS TO CONTENT:
7�i- //'� - - 135�eee4'
Phy s Brown, Interim Community Development Director
APPROVED AS TO FORM:
ity Attorney
20 12-20 13 FSG hindin, A_revulcnt
THE SALVATION ARMY POLICY STATEMENT
ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS
The Salvation Army in the United States works cooperatively with many groups —
governmental, social service, civic, religious, business, humanitarian, educational, health,
character building, and other groups — in the pursuit of its mission to preach the Christian
Gospel and meet human need.
Any agency, governmental or private, which enters into a contractual or cooperative
relationship with The Salvation Army should be advised that:
The Salvation Army is an international religious and charitable movement,
organized and operated on a quasi -military pattern, and is a branch of the Christian church.
2. All programs of The Salvation Army are administered by Salvation Army Officers, who are
ministers of the Gospel.
3. The motivation of the organization is love of God and a practical concern
for the needs of humanity.
4. The Salvation Army's provision of food, shelter, health services, counseling,
and other physical, social, emotional, psychological and spiritual aid, is
given on the basis of need, available resources and established program
policies.
Organizations contracting and/or cooperating with The Salvation Army may be assured that because
The Salvation Army is rooted in Christian compassion and is governed by Judeo-Christian ethics,
The Salvation Army will strictly observe all provisions of its contracts and agreements.
Commissioners Conference:
May 1996