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HomeMy WebLinkAboutResolution - 3858 - Grant Application - TDHCA - Homeless Services - 04_09_1992Resolution No. 3858 April 9, 1992 Item #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 Grant Application and all related documents by and between the City of Lubbock and the Texas Department of Housing and Community Affairs for services to homeless individuals during 1992-93, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of April , 1992. 4B. McM , MANOR e boya, ulty jecretary APPROVED AS TO CONTENT: 9 a U&-� David Ellison, Assistant City Manager APPROVED AS TO FORM: u4raia u. vanaiver, First Assistant City Attorney DGV:da/AGENDA-D 1 /HSGCOMAF.res Resolution No. 3858 April 9, 1992 Item #25 a ATTACHMENT 2 GRANT PROPOSAL EVALUATION FORM COVER SHEET GRANT NAME: Emergency Homeless Grant GRANT AGENCY: Texas Department of Housing and Community Affairs GRANT FISCAL PERIOD: 4/1/92 TO 3/31/93 MONTH/DATE/YEAR TO MONTH/DATE/YEAR CITY DEPARTMENT/INDIVIDUAL _ PREPARING GRANT: Sylvia A. Martinez (Whom to contact in case of questions) APPROVALS: DEPARTMENT HEAD ASSISTANT CITY MANAGER OR CHIEF OF POLICE & RESEARCH DIRECTOR DEPUTY CITY MANAGER Upon completion of approvals, return to: 3 3I 2- DATE DATE DATE TE/ Sylvia A. Martinez /Community Services /by INDIVIDUAL CITY DEPARTMENT OR SECTION DATE page 2 of 8 CITY OF LUBBOCK GRANT PROPOSAL EVALUATION FORM INSTRUCTIONS• This form must be completed and signed by the appropriate individuals -in order for a grant application to be evaluated and approved by the City Manager.. 1.--State;-as--clearly as possible, the goals and objectives 'of the proposed project for -which a grant is being sought. The Emergency Homeless Grant is to provide supportive and direct services to meet the critically urgent needs of homeless individuals. The department will focus on preventing homelessness by providing rent and utility assistance and food vouchers. A. Is this the fulfillment of an identifiable community _ (Lubbock) goal? If so, list the source of the identified goal. Yes. Alliance for the 90's Community Needs Assessment. B. Is this the fulfillment of an identifiable community _ _(Lubbock) need? If so, please provide quantifiable data (studies, etc.) that illustrate the community need and how this grant will meet that need: _�. _:.Yes. Estimates are that approximately 300-500 are homeless within Lubbock County. If accurate, _ ___this grant will provide assistance to individuals in need of direct service and assist with prevention of homelessness. r Page 3 of 8 2. List at least three measures by which City Staff and City Council might be able to evaluate the program in order to determine that it has reached the goals and objectives described in Question 1. - Prevent homelessness by assisting clients with rent assistance. - Assist with direct assistance (food vouchers) to the homeless. - Coordinate the Homeless Task Force which meets monthly. - Raise the awareness of the community of the problem of homelessness in Lubbock. 3. Will this program benefit the Lubbock community as a whole? If not, please provide a detailed profile of the individuals or groups that will benefit from the program. No. Only individuals who are to be evicted from housing or homeless individuals are eligible for these services. 4. Are other agencies (other than the City of Lubbock) available to administer this program? Yes. If so, list the agencies: Guadalupe Economic Services Catholic Family Services Salvation Army Neighborhood House 0 page 4 of 8 5. Are other agencies administering similar programs? If so; list the other agencies.- Yes. If not, why not? Guadalupe Economic Services :Catholic Family -Services ._Neighborhood House Salvation Army 6. - Is the program 'or activity -•provided -by this grant required by state or federal law or required as a condition of other ongoing state or federal programs? Please explain: No. 7. Does the grant require a local match? If so, in what amount? .Is the match in the form of cash or an.in-kind- contribution? No. - 0 Page 5 of 8 8. Is the grant for capital or operating programs? Please describe specifically what the funds will be used for (personnel, supplies, services, capital outlay, capital project, etc.). Operating: - Personnel: This grant funds 25% of a full-time employee. - Direct Services: Funding for homeless preventive measures: rent and food vouchers from South Plains Food Bank. A. If the grant is for capital outlay or a capital project, will it result in ongoing City operational costs? If so, explain in detail. No. B. If the grant is for an operating program or programs, is it a one-time grant which will result in on -going City expenses, if the program is to be continued in the future? Funding availability is dependent on federal appropriation. The percentage of funding may vary from year to year. El Page 6 of 8 C. -Does the grant require continuation of the program, at -City expense,•after grant funding has expired? If so, how long will the City be obligated to expend local funds, and in what areas? Be specific. _ .. -_-No. = 9. :'Is the grant=a one-time grant, a one-time grant with an option to renew the grant, -or an on -going grant? -If the grant is on -going, how-many"years has the grant been provided to the City, and what year does the upcoming period represent (2nd year, 5th year, etc.). If the grant has an option to renew, how often can it be renewed, and what are the terms of renewal? Please explain. See 8 B. 10. Are indirect costs reimbursed by the grant? No. rj Page 7 of 8 11. Are grant audit costs reimbursed by the grant? No. The operating grant, Community Service Block Grant pays for the percentage of the audit. 12. What is the immediate (twelve-month) impact of the grant program on City employee allocation and utilization? How will this affect their work hours, productivity, etc. on City Programs and activities? This grant funds 25% of one full-time employee. One full- time employee. One full-time employee coordinates this program. Additional funding is provided throughout the Community Services Grant. 13. What is the long-term (five -years) financial and manpower impact of the grant program both on the community and on the City organization? See number 14. Page 8 of 8 14. Provide, in as much detail as possible, a 5-year Revenue and Expenditure Projection for the grant related program beginning with the current year or the first year this grant will be in effect. Show any on -going costs to the City, even if the grant is only for one year. If the grant is renewable or ongoing, show the estimated revenues and expenditures for future years that you intend to renew/continue the grant (up to five years) . Be sure to fully explain the source and type of revenues (in -kind contribution, reimbursement of expenses, etc.) and fully explain the specific types of expenditures (payroll for 1/2 time clerk, purchase desk, capital project construction, etc.). Attach additional sheets if necessary. FOR GRANT FISCAL YEAR (From 4/1/92 to 3/31/93*): 1993 1994 1995 1996 1997 Revenues Federal Grant 15,587 15,587 15,587 15,587 15,587 State Grant Local Match Other Total Revenues 15,587 15,587 15,587 15,587 15,587 FOR GRANT FISCAL YEAR (From 4/1/92 to 3/31/93*): 1993 1994 1995 1996 1997 Expenditures Personnel Supplies Maintenance Other Charges Capital Outlay Capital Project Total Expenditures 4,677 4,677 4,677 4,677 4,677 10,910 10,910 10,910 10,910 10,910 15,587 15,587 15,587 15,587 15,587 * Allocations are dependent on federal funding. FFY 1992 EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM Performance Statement Service Area: Lubbock Count ACTIVITIES DESCRIPTION Contractor Name: City of Lubbock Contract Period: 04/01/92 - 03/31/93 1. Consult with and solicit input on program design and use of EHP funds from public entities, nonprofit organizations, voluntary associations, representatives of low-income persons, and other groups providing assistance to homeless persons in the service delivery area. Provide documentation to Department by 4/30/92. EDUCATION 2. Provide energy resources brochure to 100 homeless individuals. Energy Crisis Grant funded. 3. Provide information and referral to 100 homeless individuals regarding services available to the homeless i.e., Texas Employment Commission, Texas Department of Human Services. CSBG Grant funded. EMERGENCY ASSISTANCE 4. Assist with $5.00 food voucher to be redeemed at the South Plains Food Bank. This would assist an average of 200 homeless families. EHP funded Direct Service. 5. Provide rental assistance to approximately 12 homeless families. EHP funded Direct Service. 6. Assist with rental assistance of $300 average to approximately 12 homeless des who are in the process of being evicted. EHP funded Direct Service. 7. Provide staff support to the community's Homeless Consortium. EHP funded Direct Service. Exhibit A Page 1 of 1 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS City of Lubbock Contractor Contract : Contract Period: 04/01/92 - 03/31/93 JXJ original 1_1 Amendment # EXHIBIT B EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM FFY '92 BUDGET BUDGET CATEGORIES 1. Personnel ............................ (Detailed on Budget Support Sheet B.1) 2. Fringe Benefits ...................... 3. Travel ............................... 4. Supplies ............................. 5. Equipment ............................ (Detailed on Budget Support Sheet B.5) 6. Contractual .......................... (Detailed on Budget Support Sheet B.6) 7. Homeless Prevention .................. (Detailed on Budget Support Sheet B.7) 8. Direct Services Homeless ............. (Detailed on Budget Support Sheet B.8) 9. Other ................................ (Detailed on Budget Support Sheet B.9) 10. Indirect Costs ....................... AMOUNI $ 4,677.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 2,728.00 $ 8,182.00 $ 0.00 $ 0.00 TOTALS $ 15,587.00 Department's prior written approval for purchase or lease of equipment with acquisition cost of $500 and over is required. Approval of this budget does not constitute prior approval. EXHIBIT B EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM BUDGET SUPPORT SHEET B.1 NAME OF CONTRACTOR: City of Lubbock Personnel Z OF EHP NO. PARTICI— AMOUNT BUDGET CATEGORIES MOS. PATION Homeless Coordinator 12 25 $ 4,677.00 PAGE TOTAL $ 4,677.00 Texas Department Housing and of Community Affairs EXHIBIT B NAME OF CONTRACTOR EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM BUDGET SUPPORT SHEET B.5 City of Lubbock F..iiiru�n+ X OF DEPT BRAND AND UNIT PARTICI— DESCRIPTION MODEL COST TOTAL PATION PURCHASES: LEASES: PAGE TOTAL $ $ 0.00 $ $ 0.00 $ 0.00 Texas Department of Housing and Community Affairs EXHIBIT B NAME OF CONTRACTOR: PAGE TOTAL EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM BUDGET SUPPORT SHEET B.6 City of Lubbock BUDGET CATEGORIES UK $ 0.00 $ 0.00 Texas Department of Housing and Community Affairs EXHIBIT B EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM BUDGET SUPPORT SHEET B.7 MANE OF CONTRACTOR: City of Lubbock Homeless Prevention BUDGET CATEGORIES AMOUNT Rent assistance (for prevention) $ 2,728.00 PAGE TOTAL $ 2,728.00 Texas Department of Housing and Community Affairs EXHIBIT B EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM BUDGET SUPPORT SHEET B.8 NAME OF CONTRACTOR: City of Lubbock Direct Services HoWless BUDGET CATEGORIES AMOUNT Food Voucher $ 1,000.00 Rent Assistance 7,182.00 PAGE TOTAL $ 8,182.00 Texas Department of Housing and Community Affairs EXHIBIT B EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM BUDGET SUPPORT SHEET B.9 NAME OF CONTRACTOR: City of Lubbock Other BUDGET CATEGORIES AMOUNT S 0.00 PAGE TOTAL $ 0.00 Texas Department of Housing and Community Affairs TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Ann W. Richards GOVERNOR Susan J. Leigh EXECUTIVE DIRECTOR TO: M E M 0 R A N D U N CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT FROM: David C. Galvan Director Community Services DATE: June 1, 1992 SUBJECT: Emergency Community Services Homeless Grant Program Contract No. 662048 BOARD MEMBERS Arthur Navarro Chairman Harvey Clemons Jr. Elizabeth Flores Richard C. Hoe Joseph Kemp Judith McDonald Paul Rodriguez Mary Sanw Susan Sharlot Enclosed is the original o7= the above document. Please review, sign and return the contract to TDHCA as soon as possible. After it is signed by the Executive Director of TDHCA, a copy of the executed contract will be returned for your files. If you have any questions, please contact your assigned program officer. DCG/NN/bjnl Enclosure 348C P. O. BOX 13941 • AuSTIN, TEXAS 78711-3941 • (512) 474-2974 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 662048 FOR THE EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM CFD #13.796 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, COMMUNITY SERVICES DEPARTMENT (herein the "Contractor"). SECTION 2. CONTRACT PERIOD This contract shall commence on April 1, 1992, and, unless earlier terminated, shall end on March 31, 1993 (herein the "Contract Period"). SECTION 3. CONTRACTOR PERFORMANCE Pursuant to the Emergency Community Services Homeless Grant Program of the Stewart B. McKinney Homeless Assistance Act, 42 U.S.C. sec. 11461 Rt seq. (herein the "EHP Act"), Contractor shall operate, on an equitable basis throughout Contractor's service area, an emergency homeless program. Contractor shall perform all activities in accordance with the regulations at 45 C.F.R. Part 1080, the performance statement (herein "Exhibit A"), the budget (herein "Exhibit B"), and with all other terms of this contract. Contractor's service area consists of the following Texas counties: Lubbock SECTION 4. DEPARTMENT OBLIGATIONS A. In consideration of Contractor's satisfactory performance of this con- tract, Department shall reimburse Contractor for the lesser of the actual allowable costs incurred and reported to Department, or the amount of: Available EHP Funds: Eleven Thousand Six Hundred Ninety and No/100 Dollars (ill 90.00) B. By written notice to Contractor, Department may obligate additional funds under Section 4(A). For planning purposes only, Contractor may assume that the total award to Contractor during the Contract Period will be: Anticipated EHP Funds: Fifteen Thousand Five Hundred Eighty-seven and No/100 Dollars ($15.587.00) Page 1 of 9 Rev. 3/92 EHP . C. Department's obligations under this contract are contingent upon the actual receipt by Department of EHP funds from the U. S. Department of Health & Human Services (hereinafter "HHS"). - - __ D. Department is not liable for any cost incurred by Contractor which: (1) is subject to reimbursement by a source other than Department; (2) is for the performance of services or activities not authorized by 42 U.S.C. §§ •11461 ,et sea., or which is not in accordance with the terms of this contract; (3) is not reported to Department on a properly completed and documented financial status report within sixty (60) days following the termination of this contract; or (4) is not incurred during the Contract Period. E. Contractor shall refund, within fifteen (15) days of Department's request, any sum of money paid to Contractor which Department determines (1) has resulted in an overpayment to Contractor 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 Contractor under this contract against any amount owed by Contractor to Department arising under this or any other contract between Department and Contractor. SECTION 5. METHOD OF PAYMENT/CASH BALANCES A. Each month of the Contract Period, Contractor may request an advance payment by submitting to Department at its offices in Travis County, Texas, no later than the twentieth (20th) day of the month prior to the month for which advance payment is -sought, a properly completed EHP Monthly Funding/Financial/Performance Reqest (TDHCA Form 96) and a State of Texas Purchase Voucher for an amount not to exceed Contractor's actual cash needs for the month for which such advance is sought. B. Contractor's requests for advances shall be limited to the minimum amount needed for the effective performance of this contract, and shall be timed as closely as possible with Contractor's actual Immediate cash requirements. Contractor shall establish procedures to minimize the time elapsing between the transfer of funds from Department to Contractor and the disbursal of such funds by Contractor. C. Department reserves the right to utilize a cost reimbursement method of payment if (1) Department determines that Contractor has maintained cash balances in excess of need, (2) Department identifies any deficiency in the cash controls or financial management system used by Contractor, (3) Department determines that a cost reimbursement method would benefit the program, (4) Department's funding sources require the ese of a cost reimbursement method of payment, or (5) Contractor fails to comply with any of the reporting requirements of Section 12. D. All funds paid to Contractor under this contract are paid in trust for the exclusive benefit of the eligible recipients of the EHP Program and for the payment of any allowable administrative expenses. At least 50% of all funds paid to Contractor under this contract must be expended for direct services. Page 2 of 9 Rev. 3/92 EHP SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS Except as specifically modified by law or the terms of this- contract; Contractor shall comply with the cost principles and uniform administrative requirements set forth in the Uniform Grant and Contract Management Standards, 1 T.A.C. §§ 5.141 et sea. (hereinafter the "Uniform Grant Management Standards"), provided that all references therein to "local government" shall be construed to mean Contractor. 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 Contractor's failure to comply with any term of this contract. Department shall notify Contractor in writing at least thirty (30) days before the date of termination. B. Nothing in this Section shall be construed to limit Department's authority to immediately suspend performance of this contract if Department identifies possible instances of waste, fraud, abuse, fiscal mismanagement, or other serious deficiencies in Contractor's performance. Suspension shall be a temporary measure pending either corrective action by Contractor or a decision by Department to terminate this contract. C. Department shall not be liable for any costs incurred by Contractor after termination or during suspension of this contract. Notwithstanding the exercise by Department of its right of early termination, Contractor shall not be relieved of any liability for damages due to Department by virtue of any breach of this contract by Contractor. SECTION 8. 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 regulation. B. Except as otherwise specifically provided herein, any change in the terms of this contract shall be made by an amendment in writing= and signed by both parties to this contract. Pursuant to Department policy, no Contractor initiated amendments will be approved or processed during the first 90 days or the last 30 days of the Contract Period. C. Notwithstanding Subsection 8(B), Contractor may transfer funds between or among line items within or between the budget categories of Exhibit B without a written amendment to this contract, if: (1) the cumulative amount of the transfers among direct budget categories is not more than five percent (5%) of the total Department share shown on Page 1 of Exhibit B; and (2) the transfer will not change the scope or objective of the programs funded under this contract. Page 3 of 9 Rev. 3/92 EHP 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 EHP 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 Contractor prior to the effective date of the Issuance. All EHP Policy Issuances promulgated by Department, whether before or after the commencement date of this contract, 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 Contractor's performance of this contract. Department will notify Contractor in writing of any deficiencies noted during such monitoring, and may withhold funds based upon such deficiencies. Department may provide technical assistance to Contractor and may require or suggest changes in Contractor's accounting, personnel, procurement, and management procedures in order to correct any deficiencies noted. Department may conduct follow-up visits to review and assess the efforts Contractor has made .to correct previously noted deficiencies. Department may suspend or terminate this contract, or invoke other remedies, in the event monitoring reveals material deficiencies in Contractor's performance or if Contractor fails to correct any deficiency within a reasonable period of time. SECTION 11. RETENTION AND ACCESSIBILITY OF RECORDS A. Contractor shall maintain fiscal records and supporting documentation for all expenditures made under this contract in accordance with the Uniform Grant Management Standards, Common Rule :§_ .42. B. Contractor will ensure that all information collected, assembled, or maintained by Contractor shall be available to the public during normal business hours in compliance with the Uniform Grant Management Standards and the Texas Open Records Act, TEX. REV. CIV. STAT. ANN. article 6252-17a. C. Contractor 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 of the premises of Contractor, all records pertaining to this contract (regardless of whether such records might be withheld from the general public under an exception to the Texas Open Records Act). Contractor agrees to maintain such records in an accessible location and to cooperate with any request for examination of Contractor's records. Contractor shall include the requirements of this Subsection in all subcontracts. SECTION 12. REPORTING REQUIREMENTS A. Contractor shall submit to Department an EHP Monthly Funding/Financial/ Performance Report (TDHCA Form 96). The report must be received by Department according to the schedule set forth in Section 5(A). Page 4 of 9 Rev. 3/92 EHP B. Contractor shall submit to Department no later than sixty (60) days after the termination of this contract, a final financial status report on TDHCA Form 96 containing a full accounting -of all funds expended -under this - - contract. The failure of Contractor to provide a full accounting of funds expended under this contract shall be sufficient reason for Department to deny any future contracts to Contractor. C. Contractor shall submit to Department no later than sixty (60) days after the termination of this contract an inventory (TDHCA Form 27) of all nonexpendable personal property acquired in whole or in part with funds received under this or previous EHP contracts. Upon the termination or non -renewal of this contract, Department may transfer title to any nonexpendable personal property so acquired to itself or to any other entity receiving EHP funds. D. If Contractor fails to submit, in a timely and satisfactory manner, any report or response required by this contract, including responses to monitoring reports, Department may, in its sole discretion, withhold any payment otherwise due or requested by Contractor hereunder until such time as the delinquent report or response is received by Department. If the delinquent report or response is not received within forty-five (45) days of its due date, Department may suspend or terminate this contract. If Contractor receives EHP funds from Department over two or more contract periods, this contract may be suspended or terminated for Contractor's failure to submit a report (including a report of audit) past due from a prior contract period. SECTION 13. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Contractor agrees to hold Department harmless and indemnify it against any disallowed costs or other claims which may be asserted by any third party in conne r-tion with Contractor's performance of this contract. SECTION 14. SUBCONTRACTS Contractor may not subcontract the primary performance of this contract (as opposed to supportive services) unless Contractor's intention. -to subcontract is indicated on Exhibit A. Any such subcontractor will be subject to monitoring by Department, although Department is in no way liable to any subcontractor. SECTION 15. CONFLICT OF INTEREST/NEPOTISM A. Contractor 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 Contractor or appointed as a member of Contractor's governing body. Page 5 of 9 Rev. 3/92 EHP B. No officer, employee, or member of Contractor'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. This section shall not prohibit the employment of a person who shall have been continuously employed for a period of two years 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 Contractor 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 immediate family; (3) his 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. Contractor's employees, officers, and agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. SECTION 16. PROPERTY REQUIREMENTS Contractor may not use funds provided under this contract to purchase personal property with an acquisition cost of more than $500.00 unless Contractor has received the prior written approval of Department for such purchase. SECTION 17. PROGRAM INCOME Contractor 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 §_.25. SECTION 18. NON—DISCRIMINATION AND EQUAL OPPORTUNITY No person shall on the ground of race, color, religion, sex, national origin, age, handicap, 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 19. LEGAL AUTHORITY A. Contractor represents that it possesses the legal authority" to enter into this contract and to perform the services Contractor has obligated itself to perform hereunder. B. The person signing this that he/she has been contract on behalf of herein set forth. contract on behalf of Contractor hereby warrants duly authorized by Contractor to execute this Contractor and to bind Contractor to the terms Rev. 3/92 EHP Page 6 of 9 C. Department shall have the right to suspend or terminate this contract if there is a dispute as to the legal authority of either Contractor or the person signing this contract to enter into this contract or to -'render performances hereunder. Contractor is liable to Department for any money it has received from Department for performance of the provisions of this contract, if Department has suspended or terminated this contract for reasons unumerated in this Section 19. SECTION 20. AUDIT' A. Contractor shall arrange for the performance of an annual financial and compliance audit of the funds received under this contract. The audit shall be made in accordance with the Single Audit Act of 1984, 31 U.S.C. §§7501 et sea. (hereinafter the "Audit Act"), and OMB Circular No. A-128, "Audits of State and Local Governments", 50 Fed. Reg. 19,114 (May 6, 1985),or in accordance with OMB Circular No. A-133 "Audits of Institutions of Higher Education and Other Nonprofit Organizations", 55 Fed. Rea. 10,019 (March 16, 1990), as applicable. The contract for audit services shall include a reference to the Audit Act and OMB Circular A-128 or OBM Circular A-133. Contractor shall take such action to facilitate the performance of the audit(s) conducted pursuant to this Section as Department may require. B. Contractor shall submit three (3) copies of the report of such audit to Department no later than one hundred twenty (120) days after the end of the audit period. Audits performed under this Section are subject to review and resolution by Department or its authorized representative. Resolution of findings shall be made within six (6) months after receipt of the audit report by Department. C. Contractor shall take immediate appropriate corrective action after issuance of the audit report if any significant inadequacies are disclosed. Contractor is liable to Department for any costs disallowed pursuant to the audit. Reimbursement to Department of disallowed costs shall be paid by Contractor from funds which were not made available to Contractor under any contract with Department. SECTION 21. TRAVEL Allowable travel costs under this contract shall be determined in accordance with the Uniform Grant Management Standards and with Contractor's established written travel policy. Contractor's written travel policy shall delineate the rates which Contractor shall use in computing the travel and per diem expenses of its board members and employees. Contractor must submit to Department its travel policy and evidence that such policy has been approved by Contractor's governing body. If Contractor has no established written travel policy, the travel regulations applicable to Department employees shall apply. SECTION 22. POLITICAL ACTIVITY PROHIBITED A. No funds received by Contractor hereunder shall be used for any political activity including, but not limited to, any activity undertaken to influence the outcome of any election or the passage or defeat of any legislative measure. Page 7 of 9 Rev. 3/92 EHP B. Contractor shall not engage in any political activities in violation of 5 U.S.C. ch. 15. For purposes of Chapter 15, Contractor shall be deemed to be a state or local agency. _ C. Contractor shall not engage in any activities to provide voters and prospective voters with transportation to the polls or provide similar assistance in connection with an election or any voter registration activity. SECTION 23. SECTARIAN INVOLVEMENT PROHIBITED No funds received by Contractor hereunder shall be used, either directly or indirectly, to support any religious or anti -religious activity. SECTION 24. COPYRIGHT Contractor may copyright materials developed in the performance of this contract or with funds expended under this contract. Notwithstanding the foregoing, 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 25. PREVENTION OF FRAUD AND ABUSE A. Contractor shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the EHP Program and to provide for the proper and effective management of all program and fiscal activities funded under this contract. Contractor's internal control systems and all transactions and other significant events are to, be clearly documented and the documentation shall be readily available for monitoring by Department. B. Contractor shall give Department complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the EHP Program. Contractor shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse in the EHP Program. C. Contractor may 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 26. MAINTENANCE OF EFFORT Funds provided to Contractor 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 Contractor had this contract never been executed. Page 8 of 9 Rev. 3/92 EHP SECTION 27. 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 28. SEVERABILITY If any portion of this contract is held to be invalid by a court of competent jurisdiction, the remainder of it shall remain valid and binding. SECTION 29. ORAL AND WRITTEN AGREEMENTS All prior 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 30. EXHIBITS The exhibits identified below are hereby made a part of this contract: A. Exhibit A, Performance Statement B. Exhibit B, Budget SIGNED this day of 1992. CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT By: B. C. McMinn Mayor TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS a Susan J. Leigh Executive Director This contract is not enforceable against Department unless signed by its Executive Director or her designee. Page 9 of 9 Rev. 3/92 EHP EXHIBIT A EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM PERFORMANCE STATEMENT 1339C/1 EXHIBIT A EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM FFY 1992 Performance Statement Contractor: CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT Service Area: Lubbock County Contract No.: 662048 Contract Period: 04/01/92 - 03/31/93 Contract: JX) Original 1_1 Amendment No. _ (ACTIVITIES DESCRIPTION 1. Consult and solicit input on program design and use of EHP funds from public entities, nonprofit organizations, voluntary associations, representatives of low-income persons, and other groups providing assistance to homeless persons in the service delivery area. Provide documentation to Department by 4/30/92. Better Use of Available Income 2. Other Homeless Service (S/A Code: 0 3.1B) Provide energy resources brochure to 100 homeless individuals (100 service units) through ECIP funds. Emergecy Service 3. EHP Direct Service (S/A Code: D 5.1) Provide information and referral assistance to 100 homeless individuals (200 service units) regarding services available to the homeless (i.e., Texas Employment Commission, and Texas Department of Home Services). 4. EHP Direct Service (S/A Code: D 5.2D) Provide food voucher assistance to 300 homeless individuals (300 service units) to be redeemed at the South Plains Food Bank. 5. EHP Direct Service (S/A Code: D 5.70 Provide rent assistance to 50 homeless individuals (50 service units). Homeless Prevention 6. EHP Direct Service (S/A Code: D 8.1) Provide rent assistance to 50 individuals (50 service units) to prevent eviction. Maintain in files supporting documentation satisfactory to the Department of activities conducted pursuant to this Exhibit A. 1339C/2 Page 1 of 1 EXHIBIT B EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM BUDGET 1339C/3 EXHIBIT B EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM FFY '92 Budget Contractor: CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT Contract No.: 662048 Contract Period: 04/01/92 - 03/31/93 JXJ Original 1_1 Amendment No. BUDGET CATEGORIES AMOUNT 1. Personnel ............................ $ 4,677 (Detailed on Budget Support Sheet B.1) 2. Fringe Benefits ...................... $ -0- 3. Travel ............................... $ -0- 4. Supplies ............................. $ -0- 5. Equipment ............................ $ -0- (Detailed on Budget Support Sheet B.5) 6. Contractual .......................... $ -0- (Detailed on Budget Support Sheet B.6) 7. Homeless Prevention .................. $ 2,728 (Detailed on Budget Support Sheet B.7) 8. Direct Services Homeless ............. $ 8,182 (Detailed on Budget Support Sheet B.8) 9. Other ................................ $ -0- (Detailed on Budget Support Sheet B.9) 10. Indirect Costs ....................... $ -0- TOTALS $ 15.587 Department's prior written approval for purchase or lease of equipment with acquisition cost of $500 and over is required. Approval of this budget does not constitute prior approval. 1339C/4 EXHIBIT B EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM BUDGET SUPPORT SHEET B.1 Personnel Name of Contractor: CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT Homeless Coordinator X OF EHP BUDGET CATEGORIES NO• PARTICI— AMOUNT MOS. PATION 12 25 $4,677 PAGE TOTAL $4,677 1339C/5 Texas Department of Housing and Community Affairs EXHIBIT B EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM BUDGET SUPPORT SHEET B.5 Equipment Name of Contractor: CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT DESCRIPTION BRAND AND MODEL UNIT COST TOTAL X OF DEPT PARTICI— PATION PURCHASES: N/A LEASES: N/A PAGE TOTAL $ —0- 1339C/6 Texas Department of Housing and Community Affairs EXHIBIT B EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM BUDGET SUPPORT SHEET B.6 Contractual Name of Contractor: CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT BUDGET CATEGORIES N/A PAGE TOTAL AMOUNT $ —0- 1339C/7 Texas Department of Housing and Community Affairs EXHIBIT B EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM BUDGET SUPPORT SHEET B.7 Homeless Prevention Name of Contractor: CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT BUDGET CATEGORIES Rent Assistance PAGE TOTAL $2,728 $2,728 1339C/8 Texas Department of Housing and Community Affairs EXHIBIT B EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM BUDGET SUPPORT SHEET B.8 Direct Services Homeless Name of Contractor: CTIY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT BUDGET CATEGORIES Food Voucher Assistance Rent Assistance PAGE TOTAL ►ilk $1,000 7,182 $8,182 1339C/9 Texas Department of Housing and Community Affairs EXHIBIT B EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM BUDGET SUPPORT SHEET B.9 Other Name of Contractor: CITY OF LUBBOCK, COMMUNITY SERVICES DEPARTMENT BUDGET CATEGORIES AMOUNT N/A PAGE TOTAL $ _a. 1339C/10 Texas Department of Housing and Community Affairs