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HomeMy WebLinkAboutResolution - 4618 - Grant Agreement - Guadalupe Economic Services- Homeless Services, ESG - 10_13_1994Resolution No. 4618 October 13, 1994 Item #16 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 an Emergency Shelter Funding Agreement between the City of Lubbock and Guadalupe Economic Services. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th of October , 1994. ATTEST: etty ohnso City Secretary APPROVED AS TO CONTENT: Sylvia A. rtinez-Flores, Manager Community Development and Neighborhood Initiatives APPROVED AS TO FORM: Linda L. Chamales, Assistant City Attorney Asesges Resolution No. 4618 October 13, 1994 Item # 16 EMERGENCY SHELTER FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND GUADALUPE ECONOMIC SERVICES STATE OF TEXAS $ COUNTY OF LUBBOCK $ This Agreement entered into this 13th day of October, 1994, by and between the CITY OF LUBBOCK (herein called "City") and GUADALUPE ECONOMIC SERVICES, a non-profit center (herein called "Grantee"). WHEREAS, the City is obligated to do and perform certain services in its undertaking of an Emergency Shelter Grants Program pursuant to Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act (Pub. L. 100-77); and WHEREAS, the Grantee operates a non-profit Grantee 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 576.23(b) of the Emergency Shelter Regulation for Nonprofit Recipients, and WHEREAS, the renovation, major rehabilitation and conversion of facilities for the homeless, provision of essential services for the homeless, and the payment of maintenance, operation (excluding staff), rent repair, security fuels, equipment, insurance, utilities, and furnishing, developing and implementing homeless prevention activities 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; WHEREAS, the City Council has found that the Grantee has the special expertise, knowledge, and experience necessary for the operation of a homeless shelter, 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 facility located atAve. - a7D I CloulS Rd . NOW, THEREFORE, it is agreed between the parties hereto that. - SCOPE OF SERVICE A. City Responsibilities: City agrees to provide Grantee assistance from Department of Housing and Urban Development funds in an amount not to exceed $16,400.00 in return for Grantee performing the activities set forth in this Agreement as consideration for said funds. 2. It is expressly understood and agreed by the parties hereto that City's responsibilities are contingent upon the actual receipt of adequate federal funds to meet City's liabilities under this agreement. If adequate funds are not available to make payments under this agreement, City shall notify Grantee in writing within a reasonable time after such fact is determined. City shall terminate this agreement and will not be liable for failure to make payments to Grantee under this agreement. 3. City shall not be liable to Grantee for any costs incurred by Grantee, or any portions thereof, which have been paid to Grantee or which are subject to payment to Grantee, or which have been reimbursed to Grantee or which are subject to reimbursement to Grantee by any source other than City or Grantee. 4. City shall not be liable to Grantee for any costs incurred by Grantee which are not allowable costs, as set forth in CFR Sec. 576.21, Subpart B. 5. City shall not be liable to Grantee for any costs incurred by Grantee or for any performances rendered by Grantee which are not strictly in accordance with the terms of this agreement. 6. City shall not be liable to Grantee for any costs incurred by Grantee in the performance of this agreement which have not been billed to City by Grantee within sixty (60) days following termination of this agreement. 7. City shall not be liable for costs incurred or performances rendered by Grantee before commencement of this agreement or after termination of this agreement. B. Grantee's Responsibilities 1. Grantee shall conduct, in a satisfactory manner as determined by City, an Emergency Shelter Grants Program pursuant to Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act (Pub. L. 100- 77), hereinafter referred to as the Act. 2. Grantee shall perform all activities in accordance with the terms of the Performance Statement, hereinafter referred to as Exhibit A; the Budget, hereinafter referred to as Exhibit B; the Applicable Laws and Regulations, hereinafter referred to as Exhibit C; the assurances, certifications, and all other terms, provisions, and requirements set forth in this agreement. 3. Grantee shall submit to City such reports on the operation and performance of this agreement as may be required by City including, but not limited to, reports specified in this Section I(B). 4. Grantee shall furnish City with monthly financial statements of the project or services being funded under this agreement. Such statements shall contain all the information as may be requested by the Community Development Administrator regarding the performance of the Grantee's activities. 5. Grantee shall submit to City a monthly performance report. Such reports shall be in a format prescribed by City and shall include the amount of the funds obligated and expended for each of the four categories of eligible activities described in 575.21 Subpart B. The initial monthly performance report is required by the 20th of November. Grantee must continue to submit this report monthly until all Emergency Shelter Grant amounts are reported and expended. 6. In addition to the limitations on liability otherwise specified in this agreement, it is expressly understood and agreed by the parties hereto that if Grantee fails to submit to City in a timely and satisfactory manner any report required by this agreement, City may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Grantee hereunder. If City withholds such payments, it shall notify Grantee in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by City until such time as the delinquent obligations for which funds are withheld are fulfilled by Grantee. 7. Grantee shall refund to City any sum of money which has been paid to Grantee by City which City determines has resulted in overpayment to Grantee, or which City determines has not been spent by Grantee strictly in accordance with the terms of this agreement. Such refund shall be made by Grantee to City within thirty (30) working days after such refund is requested by City. 4 C. Grantee's Match Grantee shall be liable to City for providing 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. 2. Amounts may be counted toward Grantee's match only if such amounts are costs or resources of a type specified by budget categories delineated in Exhibit B and only if such amounts are computed in accordance with this subsection. 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 of $5 per hour. 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. TIME OF PERFORMANCE This Agreement shall commence October 13, 1994, and shall terminate July 13, 1995. PAYMENT City will pay up to $16,400.00 to Grantee based upon the receipt of request for funds and project expense summary for the above -described project. Grantee shall submit to City invoices for items purchased. City shall determine the reasonableness of each purchase and shall not make disbursement of any such payment until City has reviewed and approved each purchase. IV. NOTICES Communication and details concerning this Agreement shall be directed to the following contract representatives: Sylvia A. Martinez -Flores City of Lubbock P. O. Box 2000 Lubbock, TX 79457 Richard Lopez Guadalupe Economic Services 1416 First Street Lubbock, TX 79403 V. SPECIAL CONDITIONS A. Use as an Emergency Shelter Any building for which emergency shelter grant amounts are used for one or more of the eligible activities described in 24 CFR 576.21 (a) (1) must be maintained as a shelter for the homeless for not less than a three-year period, or for not less than a 10-year period if the grant amounts are used for major rehabilitation or conversion of the building. 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. A substitute site or shelter may be used during this period, so long as the same general population is served. Using emergency shelter grant amounts for eligible activities in 24 CFR 576.21 (a) (4) does not trigger either the three - or ten-year period. VI. GENERAL CONDITIONS A. General Compliance Grantee agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement which were made available under City's Community Development Block Grant program. 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 Grantee. C. Hold Harmless Grantee shall hold harmless, defend and indemnify City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of Grantee's performance or nonperformance of the services or subject matter called for in this Agreement. D. Worker's Compensation 6 Grantee shall provide Worker's Compensation insurance coverage for all employees involved in the performance of this Agreement. E. Insurance and Bondinq 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. F. City Recognition Grantee shall insure recognition of the role of City's Emergency Shelter 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. G. 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 of 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. H. 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 thereof at least thirty (30) days before the effective date of such termination. Partial termination of the Scope of Service in Paragraph 'T B" above may only be undertaken with the prior approval of City. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports, or other materials prepared by Grantee under this Agreement shall at the option of City, become the property of City, and Grantee shall be entitled to receive just and equitable compensation for any satisfactory 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. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards Grantee agrees to comply with Attachment F of OMB Circular A-110 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. 2. Cost Principles Grantee shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations", or A-21, "Cost Principles for Educational Institutions", as applicable, for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping Records to be Maintained Grantee shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506, and that are pertinent to the activities to be funded under this Agreement. 2. Retention Grantee shall retain all records pertinent to expenditures incurred under this Agreement for a period of three (3) years after the termination of all activities funded under this Agreement, or after the resolution of all Federal audit findings, whichever occurs later. 3. 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. 4. 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. VIII. 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 11375 and 12086. B. Employment Restrictions 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 9 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. Grantee agrees that all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part, which assistance provided under this Agreement shall comply with federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR, Parts 3, 1, 5, and 7, governing the payment of wages and wages of apprentices and trainees to journeymen; provided that, if wage rates higher than those required under the regulations are imposed by state or local laws, nothing hereunder is intended to relieve Grantee of its obligation, if any, to require payment of the higher wage. Grantee shall cause or require to be insured in full, in all such contracts subject to such regulation, provisions meeting the requirements of this paragraph for contracts in excess of $10,000.00. 2. "Section 3" Clause Grantee agrees to comply with the provisions of Section 3 and to include the following clause in all subcontracts executed under this Agreement: "The work to be performed under this Contract is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower -income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the areas of the project." C. Conduct Prohibited Activity Grantee is prohibited from using funds provided herein or personnel employed in the administration of the program for 10 political activities; sectarian or religious activities, lobbying, political patronage, and nepotism activities. 2. Conflict of Interest Grantee and City agree to abide by the provisions of 24 CFR 570.611 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 performance of the services required under this Contract and that no person having such an interest will be employed as or by the subcontractor carrying out this Agreement. IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. ATTEST: Betty M. Johnson City Secretary APPROVED AS TO CONTENT: Manager, Community Development/ Neiahborhood Initiatives APPROVED AS TO FORM: Linda Chamales, Assistant City Attorney Agescontl GUADALUPE ECONOMIC SERVICES - zww Is. I I On W, 11 EXHIBIT A PERFORMANCE STATEMENT GUADALUPE ECONOMIC SERVICES Grantee shall carry out the following activities as described in its 1994 Emergency Shelter Grant Program application: Section 1. Renovation, Major Rehabilitation/Conversion Guadalupe Economic Services shall, with the sum of Sixteen Thousand, Four Hundred Dollars ($16,400), renovate the structure located at 2701 Clovis Road. Funding is to account for materials, windows, doors, HVAC, landscape and labor. A:exhages 12 CATEGORY CONTRACT FUNDS Renovation $16,400 A:exhbges GUADALUPE ECONOMIC SERVICES MATCH FUNDS $16,400 13 TOTAL SOURCE OF MATCH $32,800 Lease salaries, and volunteers (@ $5/hr) EXHIBIT C APPLICABLE LAWS AND REGULATIONS Contractor shall comply with the Act specified in Section 2 of this agreement and with the rules and regulations promulgated thereunder at 24 C.F.R. Part 576 [53 Fed. Reg. 30191 (August 10, 1988)], and any revisions thereto; the OMB Circulars and the Management Standards specified in Section 5 of this contract, Treasury Circular 1075 (31 C.F.R. part 2050; and with all other federal, state, and local laws and regulations applicable to the activities and performances rendered by Contractor under this contract including, but not limited to, the laws and the regulations promulgated thereunder and specified in Section A through J of this Exhibit C. A. Nondiscrimination and Equal Opportunity 1. The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601 through 3620, and implementing regulations at 24 CFR part 100; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S. C. 2000d through 2000d-4) and implementing regulations issued at 24 CFR Part 1; 2. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and the prohibitions against discrimination against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60; and 4. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u (see 570,607 (b) of this chapter); and The requirements of Executive Orders 11625, 11432, and 12138. Consistent with HUD's responsibilities under these Orders, the corporation must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this agreement. 6. The requirement that the recipient or grantee make known that use of the facilities and services is available to all on a nondiscriminatory basis. Where the procedures that a recipient or grantee intends to use to make known the availability of the ESG services are unlikely to reach persons with handicaps or persons of any particular race, color, religion, sex or national origin within their service area who may qualify for such services, the recipient or grantee must establish additional procedures that will ensure that these persons are made aware of the facility and services. 14 Grantees and recipients must also adopt and implement procedures designed to make available to interested persons information concerning the existence and location of services and facilities that are accessible to persons with a handicap. B. Applicability of OMB Circulars The policies guidelines and requirements of 24 CFR part 85 (codified pursuant to OMB Circular No. A-102) and OMB Circular No. A-87, as they relate to the acceptance and use of emergency shelter grant amounts by states and units of general local government, and OMB Circular Nos. A-110 and A-112 as they relate to the acceptance and use of emergency shelter grant amounts by private nonprofit organizations. C. Lead Based Paint The requirements as applicable, of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 through 4846) and implementing regulations at 24 CFR Part 35. In addition, the grantee must also meet the following requirements relating to inspection and abatement of defective lead -based paint surfaces: (1) Treatment of defective paint surfaces must be performed before final inspection and approval of the renovation, rehabilitation or conversion activity under this part; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead -based paint abatement procedures. D. Conflicts of Interest In addition to conflict of interest requirements in OMB Circulars A-102 and A- 110, no person 1) who is an employee, agent, consultant, officer, or elected or appointed official of the City of nonprofit recipient ( or any designated public agency) that receives emergency shelter grant amounts and who exercises or has exercised any functions or responsibilities to assisted activities or 2) who is in a position to participate in a decision making process or gain inside information with regard to such activities may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for him or herself or those with whom he or she has family or business ties, during his or her 15 tenure or for one year thereafter. (HUD may grant an exception to this exclusion as provided in 570.611 (d) and (e).) E. Use of Debarred, Suspended, or Ineligible Contractors The provisions of 24 CFR Part 24 relating to the employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status. F. Flood Insurance No site proposed on which renovation, major rehabilitation, or conversion of a building is to be assisted under this part, may be located in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless the community in which the area is situated is participating in the National Flood Insurance Program and the regulations thereunder (44 CFR Parts 59 through 79) or less than a year has passed since FEMA notification regarding such hazards, and the corporation will ensure that flood insurance on the structure is obtained in compliance with section 102 (a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.). G Coastal Barriers In accordance with the Coastal Barrier Resources Act, 16 U.S.C. 3501, no financial assistance under this part may be made available within the Coastal Barrier Resources System. H. Drug Free Workplace Act of 1988 Each recipient will maintain a drug free workplace in accordance with the requirements of 24 CFR part 24, subpart F. I. Audit Private nonprofit organizations are subject to the audit requirements of OMB Circular A-110 J. Intergovernmental Review The requirements of Executive Order 12372 and the regulations issued under the order at 24 CFR, part 52, to the extent provided by Federal Register notice in accordance with 24 CFR 52.3. 16