HomeMy WebLinkAboutResolution - 2007-R0052 - Amendment To Contract - TX DHCA - CSBG - 02_06_2007Resolution No. 2007-R0052
February 6, 2007
Item No. 5.6
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 Contract Amendment, by and between the
City of Lubbock and Texas Department of Housing and Community Affairs for the Community
Services Block Grant (CSBG), and all related documents. Said contract amendment 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 6th
ATTEST:
- 041ela�
Rebecca Garza, City Secretary
AS TO CONTENT:
day of February , 2007.
1•'
Bill Howerton, Jr., Community Deyc fpment Director
APPROVED AS TO FORM:
Amy Sirns ' tty Attorney
gs/ccdocs/CSBG res-TexDept of Housing&Community Affairs
01/24/07
Resolution No. 2007-R0052
February 6, 2007
Item No. 5.6
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 1 TO CONTRACT NO. 616048
COMMUNITY SERVICES BLOCK GRANT PROGRAM
SECTION 1. CONTRACT
The Texas Department of Housing and Community Affairs, an agency of the State
of Texas, and CITY OF LUBBOCK agree to amend contract
no. 616048 executed by the Department on or about January 1, 2006 (herein the
"Contract").
SECTION 2. CONTRACT PERIOD
This Contract is amended by replacing Section 2, Contract Period, to read:
This contract shall commence on January 1, 2007, and unless earlier
terminated, shall end on December 31, 2007 ("Contract Period").
SECTION 3. DEPARTMENT OBLIGATIONS
This contract is amended by revising Section 4 C. to read:
C. Limits of Liability
Notwithstanding any other provision of this contract, the total of all
payments and other obligations incurred by Department under this contract
shall not exceed the sum of
Five Hundred Eleven Thousand Seven Hundred Fifty -One Dollars and 00
Cents ($ 511751.00 )
SECTION 4. CONFLICT OF INTEREST/NEPOTISM
This contract is amended by revising Section 16 D. to read:
D. Subrecipient's employees, officers, and agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from
subcontractors, or potential subcontractors.
SECTION S. AUDIT
This contract is amended by revising Section 21, Audit, Section A., Section B.,
and Section D to read hereafter as given below:
A. For any fiscal year included within the Grant Period during which the
Subrecipient expended $500,000 or more in total federal or $5000,000 in
total state financial assistance, Subrecipient shall arrange for the
performance of an annual audit of the funds received and performances
rendered under this grant agreement. The audit shall be made in
accordance with the Single Audit Act Amendments of 1996, 31 U.S.C.
Ch. 75; and OMB Circular No. 133 (as revised on 06/30/1997), "Audits of
States, Local Governments, and Non -Profit Organizations." The term
"federal financial assistance" includes awards of federal financial
assistance received directly from federal agencies, or indirectly
through units of state and local government.
B. Notwithstanding Subsection A, of this Section 21, Subrecipients expending
less than $500,000 in Federal financial assistance or $500,Oo0 in State
financial assistance, may arrange for the performance of an annual
financial statement audit. Such audit should include verification of
all expenditures by budget category, in accordance with the final
Monthly/Financial/Funding Performance Report (MFFPR) submitted to close
out allocation year.
D. For any fiscal year ending within or immediately after the Grant Period,
subrecipient must submit an "Audit Certification Form" (available from
the Department) within sixty (60) days after the Subrecipients fiscal
year end.
EFFECTIVE DATE_ 01/01/2007
CITY OF LUBBOCK
BY: NOT SIGNED
CITY OF LUBBOCK Executive Director
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
BY: NOT SIGNED
Michael G. Gerber, Executive Director
This amendment is not effective unless signed by the Texas Department of
Housing and Community Affairs Executive Director or his authorized designee.
(. ONTRACT NO.
6736
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 616048 FOR THE
FY 2006 COMMUNITY SERVICES BLOCK GRANT PROGRAM
CFDA#93.569
SECTION 1. PARTIES TO THE CONTRACT
This contract is made by and between the Texas Department of Housing
and Community Affairs, an agency of the State of Texas, (herein the
"Department") and CITY OF LUBBOCK
(herein the "Subrecipient").
SECTION 2. CONTRACT PERIOD
This contract shall commence on January 1, 2006, and, unless earlier
terminated, shall end on December 31, 2006 (herein the "Contract
Period").
SECTION 3. SUBRECIPIENT PERFORMANCE
Pursuant to the Community Services Block Grant Act, 42 U.S.C. Sec. 9901
et seq. (herein the "CSBG Act"), Subrecipient shall operate, on an
equitable basis throughout Subrecipient's service area, a program to
ameliorate the causes of poverty. Subrecipient shall provide services
and activities of the type specified in 42 U.S.C. Sec. 9907(b).
Subrecipient's service area consists of the following counties:
Lubbock County
SECTION 4. DEPARTMENT OBLIGATIONS
A. Measure of Liability
In consideration of Subrecipient's satisfactory performance of this
contract, as determined by Department, Department shall be liable
for actual and reasonable costs incurred by Subrecipient during the
contract period for performances rendered under this contract,
subject to the limitations set forth in this Section 4.
1. Department's obligations under this Section are contingent upon
the actual receipt by Department of funds from the U.S.
Department of Health and Human Services (hereinafter "HHS").
If adequate funds are not available to make payments under this
contract, Department shall terminate this contract and shall
not be liable for failure to make payments hereunder.
2. Department is not liable to Subrecipient for any cost incurred
by Subrecipient which:
a, is subject to reimbursement by a source other than
Department;
b. is for the performance of services or activities not
authorized by 42 U.S.C. sec. 9907(b), is for one of the
activities prohibited in 42 U.S.C. Sec. 9918, or which is
not in accordance with the terms of this contract;
C. is not reported to Department on CSBG Monthly Report (TDHCA
Form 85) within sixty (60) days following the termination
of this contract;
d. is not incurred during the Contract period;
e. is incurred for the purchase or permanent improvement of
real property (other than low-cost residential
weatherization or other energy -related home repairs).
B. Excess Payments
Subrecipient shall refund, within fifteen (15) days after
Department's request, any sum of money paid to Subrecipient by
Department which Department determines (1) has resulted in an
overpayment to Subrecipient or (2) has not been spent strictly in
accordance with the terms of this contract. Department may offset
or withhold any amounts otherwise owed to Subrecipient under this
contract against any amount owed by Subrecipient to Department
arising under this contract.
C. Limits of Liability
Notwithstanding any other provision of this contract, the total of
all payments and other obligations incurred by Department under
this contract shall not exceed the sum of $41,427.00.
SECTION 5. METHOD OF PAYMENT / CASH BALANCES
A. Each month Subrecipient may request an advance payment by
submitting to Department at its offices in Travis County, Texas, no
later than the twentieth (loth) day of the month prior to the month
for which payment is sought, a properly completed CSBG Monthly
Funding/Financial/Performance Report (TDHCA Form 85) and a State of
Texas Purchase Voucher for an amount not to exceed Subrecipient's
actual cash needs for the month for which such advance is sought.
B. Subrecipient's requests for advances shall be limited to the
minimum amounts needed for the effective performance of this
contract, and shall be timed as closely as possible with
Subrecipient's actual immediate cash requirements. Subrecipient
shall establish procedures to minimize the time elapsing between
the transfer of funds from Department to Subrecipient and the
disbursal of such funds by Subrecipient.
C. Department may use a cost reimbursement method of payment if (1)
Department determines that Subrecipient has maintained cash
balances in excess of need, (2) Department identifies any
deficiency in the cash controls or financial management system used
by Subrecipient, or (3) Subrecipient fails to comply with the
reporting requirements of Section 12.
D. All funds paid to Subrecipient pursuant to this contract are paid
in trust for the exclusive benefit of the low-income population of
Subrecipient's service area and for the payment of allowable
administrative expenses.
SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. Except as expressly modified by law or the terms of this contract,
Subrecipient shall comply with the cost principles and uniform
administrative requirements set forth in the Uniform Grant
Management Standards, 1 T.A.C. Sec. 5.141 et seq. (herein "Uniform
Grant Management Standards"). All references therein to "local
government" shall be construed to mean Subrecipient.
B. None of the costs described in Attachment C of OMB Circular No. A-
87, as modified by the Uniform Grant Management Standards, shall be
allowable unless Subrecipient has obtained Department's prior
written approval to incur such cost.
C. Use of Alcoholic Beverages. None of the funds provided under this
contract shall be used for the payment of salaries to any employee
f who uses alcoholic beverages while on active duty. No funds
provided under this contract for travel expenses shall be used for
the purchase of alcoholic beverages.
SECTION 7. TERMINATION AND SUSPENSION
A. Department may terminate this contract, in whole or in part, at any
time Department determines that there is good cause for
termination, including but not limited to Subrecipient's failure to
comply with any term of this contract. Department shall notify
Subrecipient in writing at least 30 days before the date of
termination.
B. Department shall not be liable for any costs incurred by
Subrecipient after termination of this contract. Notwithstanding
the suspension or early termination of this contract, Subrecipient
shall not be relieved of any liability for any damages due to
Department by virtue of any breach of this contract by
Subrecipient. Department may withhold any payment otherwise due to
Subrecipient until such time as the exact amount of damages owed to
Department by Subrecipient is determined and paid.
SECTION B. CHANGES AND AMENDMENTS
A. Any change in the terms of this contract required by a change in
state or federal law or regulation is automatically incorporated
herein effective on the date designated by such law or regulations.
B. Except as otherwise specifically provided herein, any change in the
C terms of this contract shall be made by an amendment in writing and
signed by both parties to this contract.
SECTION 9. DEPARTMENT ISSUANCES
Department may issue policy directives which serve to interpret or
clarify the terms of this contract. Such directives shall be issued by
Department in the form of CSBG Issuances. Issuances shall not alter
the terms of this contract so as to relieve Department of any
obligation to reimburse an allowable cost incurred by Subrecipient
prior to the effective date of the Issuance. All CSBG Issuances
promulgated by Department prior to or during the Contract Period shall
govern the performance of this contract until specifically rescinded by
Department.
SECTION 10. TECHNICAL ASSISTANCE AND MONITORING
Department or its designee may conduct periodic on -site monitoring and
evaluation of the efficiency, economy, and effectiveness of
Subrecipient's performance of this contract. Department will advise
Subrecipient in writing of any deficiencies noted during such
monitoring. Department will provide technical assistance to
Subrecipient and will require or suggest changes in Subrecipient's
program implementation or in Subrecipient's accounting, personnel,
procurement, and management procedures in order to correct any
deficiencies noted. Department will conduct follow-up visits to review
and assess the efforts Subrecipient has made to correct previously
noted deficiencies. Department may place Subrecipient on a
reimbursement method of payment, terminate this contract, or invoke
other remedies in the event monitoring or other reliable sources reveal
material deficiencies in Subrecipient's performance or if Subrecipient
fails to correct any deficiency within the time allowed by federal law.
SECTION 11. RETENTION AND ACCESSIBILITY OF RECORDS
A. Subrecipient shall maintain fiscal records and supporting
documentation for all expenditures made under this contract in
accordance with the Uniform Grant Management Standards, Common
Rule, Sec. .42.
B. All information collected, assembled, or maintained by Subrecipient
shall be made available to the public during normal business hours
in compliance with the Texas Public Information Act, Texas
Government Code, Chapter 552.
C. Subrecipient shall give HHS, the Comptroller General of the United
States, and Department, or their duly authorized representatives,
access to and the right to examine and copy, on or off the premises
of Subrecipient, all records pertaining to this contract.
Subrecipient agrees to maintain such records in an accessible
location and to cooperate with any examination conducted pursuant
to this Subsection. Subrecipient shall include the requirements of
this Subsection in all subcontracts.
SECTION 12. REPORTING REQUIREMENTS
A. Subrecipient shall submit to Department a CSBG Monthly
Funding/Financial/ Performance Report (TDHCA Form 85). The report
must be received by Department according to the schedule set forth
in Section 5(A).
B. Upon notification by the Department that all funding has been drawn
down from funds available under the prior year's allocation.
Subrecipient shall submit to Department, no later than 60 days from
the date of notification, a final CSBG Report (TDHCA Form 85, Page
1 only) containing a full accounting of all funds expended under
that allocation.
C. Subrecipient shall annually submit to Department, no later than the
last day of February, a cumulative inventory of all equipment
acquired, in whole or in part, with funds received under this or
previous CSBG contracts.
D. If Subrecipient fails to submit within 45 days of its due date, any
report or response required by this contract, including responses
to monitoring reports, Department may, in its sole discretion,
initiate termination proceedings. If Subrecipient receives CSBG
funds from Department over two or more contract periods,
termination proceedings may be initiated on this contract for
Subrecipient's failure to submit a report, including an audit
report, past due from a prior contract.
SECTION 13. PROPERTY REQUIREMENTS
A. Subrecipient may not use funds provided under this contract to
purchase personal property with a unit acquisition cost (the net
invoice unit price of an item of equipment) of more than $5,000
unless Subrecipient has received the prior written approval of
Department for such purchase.
B. Upon the termination or non -renewal of this contract, Department
may transfer title to any such equipment having a unit acquisition
cost (the net invoice unit price of an item of equipment) of $5,000
or more to itself or to any other entity receiving funds under the
CSBG Act.
i
SECTION 14. INDEPENDENT SUBRECIPIENT
Subrecipient is an independent Subrecipient. Subrecipient agrees to
hold Department harmless and, to the extend allowed by law, indemnify
it against any disallowed costs or other claims which may be asserted
by any third party in connection with Subrecipient's performance of
this contract.
SECTION 15. SUBCONTRACTS
A. Subrecipient may not subcontract the primary performance of this
contract and only may enter into contractual agreements for
consulting and other professional services including, but not
limited to, auditors and attorneys, if Subrecipient has received
Department's prior written approval. Subrecipient may subcontract
for the delivery of client assistance without obtaining
Department's prior approval. Any subcontract for the delivery of
client assistance will be subject to monitoring by the Department
as per Section 1C.
B. In no event shall any provision of this Section 15, specifically
the requirement that Subrecipient obtain Department's prior written
approval of a subsubrecipient, be construed as relieving
Subrecipient of the responsibility for ensuring that the
performances rendered under all subcontracts are rendered so as to
comply will all of the terms of this contract, as if such
performances rendered were rendered by Subrecipient. Department's
approval under Section 15 does not constitute adoption,
ratification, or acceptance of Subrecipient's or subsubrecipient's
performance hereunder. Department maintains the right to insist
upon Subrecipient's full compliance with the terms of this
contract, and by the act of approval under Section 15, Department
does not waive any right of action which may exist or which may
subsequently accrue to Department under this contract.
SECTION 16. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient covenants that neither it nor any member of its
governing body has or shall acquire any interest, direct or
indirect, which would conflict in any manner with the performance
of this contract. No person having such interest shall be employed
by Subrecipient or appointed as a member of Subrecipient's
governing body. No member of Subrecipient's governing body may be
employed by Subrecipient during his service on the board or for
twelve months thereafter.
B. Subrecipient agrees that it will ensure that no officer, employee,
or member of Subrecipient's governing body shall vote for or
confirm the employment of any person related within the second
degree by affinity or third degree by consanguinity to any member
of the governing body or to any other officer or employee
authorized to employ or supervise such person. A definition of
such prohibited relationship may be found in Sec. 571.021 et seq.
of the Texas Government Code. This prohibition shall not prohibit
the continued employment of a person who has been continuously
employed for a period of one year prior to the election or
appointment of the officer, employee, or governing body member
related to such person in the prohibited degree.
C. No employee, officer, or agent of Subrecipient shall participate in
the selection, award, or administration of a subcontract supported
by funds provided hereunder if a conflict of interest, real or
apparent, would be involved. Such a conflict of interest would
arise when: 1) the employee, officer, or agent; 2) any member of
` his or her immediate family; 3) his or her partner; or 4) any
organization which employs or is about to employ, any of the above,
has a financial or other interest in the firm or person selected to
perform the subcontract.
D. Subrecipient's employees, officers, and agents shall neither
solicit nor accept gratuities, favors, or anything of monetary
value from subcontractors, or potential subconctractors.
SECTION 17. COMPLIANCE WITH LAW
Subrecipient shall comply with the CSBG Act and with the rules and
regulations promulgated there under, and with all federal, state, and
local laws and regulations applicable to the performance of this
contract.
SECTION 18. PROGRAM INCOME
Subrecipient shall account for and expend program income derived from
activities financed in whole or in part with funds provided under this
contract in accordance with the Uniform Grant Management Standards,
Common Rule, Sec. .25.
SECTION 19. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
No person shall on the ground of race, color, religion, sex, national
origin, age, disability, political affiliation or belief be excluded
from participation in, be denied the benefits of, be subjected to
discrimination under, or be denied employment in the administration of
or in connection with any program or activity funded in whole or in
part with funds made available under this contract.
SECTION 20. LEGAL AUTHORITY
A. Subrecipient represents that it possesses the legal authority to
r enter into this contract and to perform the services Subrecipient
l has obligated itself to perform hereunder.
B. The person signing this contract on behalf of Subrecipient hereby
warrants that he/she has been duly authorized by Contract to
execute this contract on behalf of Subrecipient and to bind
Subrecipient to the terms herein set forth.
C. Department shall have the right to terminate this contract if there
is a dispute as to the legal authority of either Subrecipient or
the person signing this contract to enter into this contract or to
render performances hereunder. Subrecipient is liable to
Department for any money it has received from Department for
performance of the provisions of this contract, if Department has
terminated this contract for reasons enumerated in this Section 20.
SECTION 21. AUDIT
A. For any fiscal year included within the Grant Period during which
the Subrecipient expended $500,000 or more in total federal
financial assistance, Subrecipient shall arrange for the
performance of an annual audit of the funds received and
performances rendered under this grant agreement. The audit shall
be made in accordance with the Single Audit Act Amendments of 1996,
31 U.S.C. Ch. 75; and OMB Circular No. 133 (as revised on
6/30/1997), "Audits of States, Local Governments, and Non -Profit
Organizations." The term "federal financial assistance" includes
awards of federal financial assistance received directly from
federal agencies, or indirectly through units of state and local
government.
3. Notwithstanding Subsection A, of this Section 21, Subrecipients
expending less than $500,000 in Federal financial assistance, may
arrange for the performance of an annual financial statement audit.
Such audit should include verification of all expenditures by
budget category, in accordance with final Monthly/Financial/Funding
Performance Report (MFFPR) submitted to close out allocation year.
C. Subrecipient shall submit two (2) copies of the report of such
audit to Department within thirty (30) days after the completion of
the audit, but no later than nine (9) months after the end of the
audit period. Subrecipient shall insure that the audit report is
made available for public inspection within thirty (30) days after
completion of the audit. Audits performed under this Section 21
are subject to review and resolution by Department or its
authorized representative.
D. For any fiscal year ending within or immediately after the Grant
Period, Subrecipient must submit an "Audit Certification Form"
(available from the Department) within ninety (90) days after the
Subrecipients fiscal year end.
E. Department reserves the right to conduct additional audits of the
funds received and performances rendered under this grant
agreement. Subrecipient agrees to permit Department or its
authorized representative to audit Subrecipient's records and to
obtain any documents, materials, or information necessary to
facilitate such audit.
F. Subrecipient shall be liable to Department for any costs disallowed
pursuant to audit(s) of funds received under this agreement.
Subrecipient shall reimburse such disallowed costs with funds that
are not provided under this contract.
G. Subrecipient shall procure audit services through an open,
competitive process at least once every four years. The auditor
shall retain working papers and reports for a minimum of three
years after the date of issuance of the auditor's report to the
auditee. Audit working papers shall be made available upon request
to Department at the completion of the audit, as a part of a
quality review, to resolve audit findings, or to carry out
oversight responsibilities consistent with the purposes of this
part. Access to working papers includes the right to obtain copies
of working papers, as is reasonable and necessary.
SECTION 22. TRAVEL
Allowable travel costs under this contract shall be determined in
accordance with OMB Circulars A-122 or A-87, as applicable, any
Department Issuance on travel, and with Subrecipient's written travel
policy. Subrecipient's written travel policy shall delineate the rates
which Subrecipient shall use in computing the travel and per diem
expenses of its board members and employees. Prior to incurring any
costs for travel, Subrecipient must provide Department with a copy of
its travel policy and evidence that such policy has been approved by
Subrecipient's governing body. If Subrecipient has no established
written travel policy, the travel regulations applicable to Department
employees shall apply.
SECTION 23. POLITICAL ACTIVITY PROHIBITED
A. None of the funds provided under this contract shall be used for
influencing the outcome of any election, or the passage or defeat
of any legislative measure. This prohibition shall not be
construed to prevent any official or employee of Subrecipient from
furnishing to any member of its governing body upon request, or to
any other local or state official or employee or to any citizen,
information in the hands of the employee or official not considered
under law to be confidential information. Any action taken against
an employee or official for supplying such information shall
subject the person initiating the action to immediate dismissal
from employment.
B. No funds provided under this contract may be used directly or
indirectly to hire employees or in any other way fund or support
candidates for the legislative, executive, or judicial branches of
government of Subrecipient, the State of Texas, or the government
of the United States.
C. None of the funds under this contract shall be expended in payment
of the salary for full-time employment of any employee who is also
the paid lobbyist of any individual, firm, association, or
corporation. None of the funds provided by this contract shall be
expended in payment of the partial salary of a part-time employee
who is required to register as a lobbyist by virtue of the
employee's activities for compensation by or on behalf of industry,
a profession or association related to operation of Subrecipient.
A part-time employee may serve as a lobbyist on behalf of industry,
a profession, or association so long as such entity is not related
to Subrecipient. Except as authorized by law, no contract funds
shall be expended in payment of membership dues to an organization
on behalf of Subrecipient or an employee of Subrecipient if the
organization pays all or part of the salary of a person required to
register under Chapter 305, Government Code.
D. None of the funds provided under this contract shall be paid to any
official or employee who violates any of the provisions of this
section.
E. Programs assisted with CSBG funds shall not be carried on in a
(( manner involving the use of program funds, the provision of
l( services, or the employment or assignment of personnel, in a manner
supporting or resulting in the identification of such programs
with-
1. any partisan or non partisan political activity or any
political activity associated with a candidate, or contending
faction or group, in an election for public or party office;
2. any activity to provide voters or prospective voters with
transportation to the polls or similar assistance in connection
with any such election; or
3. any voter registration activity.
SECTION 24. SECTARIAN INVOLVEMENT PROHIBITED
No funds received by Subrecipient hereunder shall be used, either
directly or indirectly, to support any religious or anti -religious
activity.
SECTION 25. COPYRIGHT
Subrecipient may copyright materials developed in the performance of
this contract or with funds expended under this contract. Department
and HHS shall each have a royalty -free, nonexclusive, and irrevocable
right to reproduce, publish, or otherwise use, and to authorize others
to use, the copyrighted work for government purposes.
SECTION 26. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient shall establish, maintain, and utilize internal
controls sufficient to provide for the proper and effective
management of all program and fiscal activities funded under this
contract. Subrecipient's internal controls and all transactions
and other significant events are to be clearly documented and the
documentation shall be readily available for monitoring by
Department.
B. Subrecipient shall give Department complete access to all of its
records, employees, and agents for the purpose of monitoring or
investigating the CSBG program. Subrecipient shall fully cooperate
with Department's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
C. Subrecipient shall not discriminate against any employee or other
person who reports a violation of the terms of this contract or of
any law or regulation to Department or to any appropriate law
enforcement authority if the report is made in good faith.
SECTION 27. MAINTENANCE OF EFFORT
Funds provided to Suhrecipient under this contract may not be
substituted for funds or resources from any other source nor in any way
serve to reduce the funds or resources which would have been available
to or provided through Subrecipient had this contract never been
executed.
SECTION 28. NO WAIVER
Any right or remedy given to Department by this contract shall not
preclude the existence of any other right or remedy, nor shall any
action taken in the exercise of any right or remedy be deemed a waiver
of any other right or remedy. The failure of Department to exercise
any right or remedy on any occasion shall not constitute a waiver of
Department's right to exercise that or any other right or remedy at a
later time.
SECTION 29. SEVERABILITY
If any portion of this contract is held to be invalid by a court or
administrative tribunal of competent jurisdiction, the remainder shall
remain valid and binding.
SECTION 30. ORAL AND WRITTEN AGREEMENTS
All oral and written agreements between the parties relating to the
subject matter of this contract have been reduced to writing and are
contained in this document and the exhibits attached hereto.
SECTION 31. COMMUNITY ACTION PLAN
Each eligible entity, as a condition to lists receipt of funding under
this Act, shall submit to the Department a community action plan that
includes:
A. a community needs assessment (including food needs);
B. a description of the service delivery system targeted to low-income
individuals and families in the service area, including homeless
individuals and families, migrants, and the elderly poor;
C. a description of how linkages will be developed to fill identified
gaps in services through information, referral, case management,
and follow-up consultations;
D. a description of how funding under this Act will be coordinated
with other public and private resources; and,
E. a description of outcome measures to be used to monitor success in
promoting self-sufficiency, family stability, and community
revitalization.
- SECTION 32. SPECIAL CONDITIONS
The Pro -Children Act of 1994, (20 U.S.C. Sec. 6081 et seq.] requires
that smoking not be permitted in any portion of any indoor facility
owned or leased or contracted by an entity and used routinely or
regularly for the provision of health, day care, education, or library
services to children under the age of 18 if the services are funded by
Federal programs either directly or through States or local governments
by Federal grant, contract, loan or loan guarantee.
EFFECTIVE DATE: 01-01-2006.
CITY OF LUBBOCK
By: ..NOT.SIGNED..........
Executive Director
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: ..NOT.SIGNED..........
Edwina P. Carrington, Executive Director
This contract is not enforceable against Department unless signed by
its Executive Director or her designee.
Community Development
DATE February 7, 2007
TO David A. Miller, Mayor
FROM Bill Howerton, Jr., CD Director/I3
SUBJECT Contract Authorization
mol
On February b, 2007 City Council approved the 2007 Texas Department of Housing
Community Affairs contracts for the Community Services Block Grant and the
Comprehensive Energy Assistance Program, Community Development staff request
authorization to sign -off on the electronic online system.
Authorization Granted
David A. Mi er, Mayor
i . —: t$TNTE OF TEXAS )ay\�
COUNTY OF LUBBOCK `
Before me Alan C. Weems p a Notary Public in and for LubQb�opc�k Co�unnt�y, Texas on this
day personally appeared Al1S f1aflNli�Z AN ORDIWANCE7f1RE G TQAf�NANCE NO 7004
AND THE OPFIGIAL MAp OF THE Cl Y Of LUBSOCK
MAKING THE Is NG CHANGES: ZONE CASE NO.
Corporation, publishers of the Lubbock Avalanche-�Joumal - Morning, an 7A 95-0; AMATEIIY 1.CdOH4 NGEACRE((►�I O ISO SQUARE -2 TORE FEET1 ZONING
SECTION29OBLOCKAK OUT OF
TEXASEPROVIIDINGA
did dispose and say that said newspaper has run continuously for more PENALTY; SUBJECT TO CONDITIONS• PROVIDING A
/ �1 i!� SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
insertion of this Lego! Notlee SECTION 7. THAT violation of any provision of this Ordinance
�� -- fI shall 4e deemed a misdemeanor Puntshable by Fine not to exceed
NO. at Lubbf nc
Two Thousand and Nw100 Dollars (f7,000.00) as provided In
Section 29.71 of the Zoning Ordinae ooft the Clty of Lubbock —
printed copy of the Legal Notice Is a true copy of the original and was printed In the Lubbock
Avalanche-Joumal on the following dates:
Wg
inside Sales Meanag®r
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
Subscribed and sworn to before me this
NOTARY PUBLIC in and for the State of Texas
my commission Expires &7/2011
f1d day of
7
FORM 58-10 Nato Public, State of Texas
My Cot11l111a6ion Expires
May 07, 2011
HE STATE OF TEXAS 000 0
COUNTY OF LUBBOCK NANO€ "° 11
Y OR LUBBOG
AND H, ppF4C114L C.2 TO 1" ZONIN
Before me Alan C. Weems a Notary Public in and for Lubb MAKING THE �Q4� O '"_' AMC C ZONE CASE N
�+ APPR ?CIMA7IN6t4 ACRES ld7p
j&UAR€ F€€T)
day personally appeared Kriste Ramirez of the Sou SECTION 29 B40CK AK LUBBOCK. 7 "S-, PROUAfl NG
xIp,IN FOR PUBLICATION.
SAVI GsCLbll$@SA?1FPR4�ONP4T60N5: PRO�llitlQ
Corporation, publishers of the llubbock Avalanche -Journal - Morning, and Sunday, whc 6f " a ,,WN
sECTth 2• "H a y s Z ODO. 1 as �F
did dispose and say that said newspaper has run continuously for more than fifty-twoIi"�;;T�e z G° �` LV
insertion of this Level Notice
No.
printed copy of the
Notice
Avalanche -Journal on the following dates:
"496
-
1
Inside Sales Manager
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
at Lubbock County, Texas and the attached
Is a true copy of the original and was printed In the Lubbock
, " Z/� e - C-) I 11.ao�
NOTARY PUBLIC in and for the State of Texas
my commission Expires &7/2011
Subscribed and sworn to before me this day of L�k
FORM SS-16 AI.AM C WEEMS
Notary public, State of Texas
My Commisslon Expires
May 07, 2011