HomeMy WebLinkAboutResolution - 5308 - Agreement - Walker Houses Inc - Renovations & Operations, ESG - 10_10_1996RESOLUTION NO. 5308
October 10, 1996
Item #21
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tempore of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement between the City of
Lubbock and Walker Houses, Inc., and all related documents, to provide funding from the
Emergency Shelter Grant for Renovations and Operations. 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 loth day
ATTEST:
--� RESOLUTION NO.5308
October 10, 1996
Item #21
COMMUNM DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK AND WALKER HOUSE, INC.
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement entered into on this 10th day of October, 1996, by and between the CITY
OF LUBBOCK (herein called "City") and WALKER HOUSES, INC., 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 Grant 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 center offering services to the homeless;
and
WHEREAS, the non-profit 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 are fundable by the Department of Housing and Urban Development; and
WHEREAS, the operation (excluding star, rent, repair, sercurity fuels, equipment,
insurance, utilities, and furnishings are fundable by the Department of Housing and Urban
Development; and
WHEREAS, the accomplishment of the above public purpose is the predominant purpose
of this transaction, continuing supervision by the City together with statutory and contractual
requirements provide sufficient assurance that this purpose will be accomplished and an audit
provides sufficient protection of the handling of public money; and
WHEREAS, the City Council has found that the Grantee has the special expertise,
knowledge and experience necessary for the operation of a homeless prevention facility, 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 at 1614 Avenue K, Lubbock, TX 79401;
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
Walker Houses, Inc., 1996-97 ESG Funding Agreement
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A. Activities
The Grantee will be responsible for administering Emergency Shelter Grant Year 1996-
1997 Renovations and Operations Programs in a manner satisfactory to the City and
consistent with any standards required as a condition of providing these funds. Such
program will include the following activities eligible under the ESG Program:
Activity 1. Renovation of Shelter
The Grantee shall with the sum of Six -Thousand Eight -Hundred Dollars ($6,800.00)
pay for renovation of the facility located at 1614 Avenue K to include replacement of
carpet throughout the interior and replacement of the exterior siding.
Activity 2. Operations
The Grantee shall with the sum of Five -Thousand Dollars ($5,000.00) pay for utilities
and phone services for the facility located at 1614 Avenue K.
B. Objective
The Grantee certifies that the activities carried out with funds provided under this
Agreement will meet the eligible activities for funding under the Emergency Shelter Grant
program - as defined in 24 CFR §576.21, Subpart B.
C. City Responsibilities
1. City agrees to provide Grantee assistance from Department of Housing and
Urban Development funds in amounts not to exceed $6,800 for Renovations
and $5,000 for Operations respectively 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 24 CFR §576.21, Subpart B.
Walker Houses, Inc., 1996-97 ESG Funding Agreement
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5. City shall not be liable to Grantee for any costs incurred by Grantee or for any
performances rendered by Grantee which are not strictly in accordance with the
terms of this agreement.
6. City shall not be liable to Grantee for any costs incurred by Grantee in the
performance of this agreement which have not been billed to City by Grantee
within ninety (90) days 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.
D. Grantee's Responsibilities
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 their budget, the
applicable laws and regulations set forth herein; the assurance, certifications,
and all other terms, provisions, and requirements set forth in this agreement.
3. Grantee shall submit to City such reports on the operation and performance of
this agreement as may be required by City.
4. 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.
5. 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.
E. Grantee's Match
1. Grantee agrees to provide as match an amount of funds equal to the amount of
funds provided by City under this agreement for performances hereunder. Such
funds must be provided from sources other than under this agreement. This
amount shall be referred to hereinafter as Grantee's match.
Walker Houses, Inc., 1996-97 ESG Funding Agreement
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W
2. Amounts may be counted toward Grantee's match only if such amounts are
costs or resources of a type and amount as computed in accordance with this
subsection. 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.
Match is subject to review and approval by the City of Lubbock.
F. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Grantee agrees to provide the following levels of program services:
Activi
Renovation and
Operations
*Individuals served.
G. Staffin
Units Per Month*
8-9
Staff Member General Pro rg am Duties
Tony Romero Director
H. Performance Monitoring
Total Units/Year
102
Time Allocation
25% Allocated to Renovation
50% Allocated to Operations
The City will monitor the performance of the Grantee for compliance with goals and
requirements as required herein once annually or as it deems necessary in accordance with
the regulations. Substandard performance as determined by the City will constitute non-
compliance with this Agreement. Faction to correct such substandard performance is not
taken by the Grantee within a reasonable period of time after being notified by the City in
writing, contract suspension or termination procedures will be initiated.
TIME OF PERFORMANCE
This Agreement shall commence October 10, 1996, and shall terminate September 30,
1997. The term of the Agreement and the provisions herein shall be extended to cover
any additional time period during which the Grantee remains in control of ESG funds or
other assets, including program income.
Walker Houses, Inc., 1996-97 ESG Funding Agreement
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"I
V
BUDGET
Line Item: $ Amount:
Activity 1: Renovation of Shelter
Replace Carpet $1,100.00
Replace Siding 5,700.00
Renovation of Shelter Total $6,800.00
Activity 2: Ooerations
Electricity
$1,640.00
Gas
1,380.00
Water
1,170.00
Phone
810.00
Operations Total $5,000.00
The City may require a more detailed budget breakdown than the one contained herein,
and the Grantee shall provide such supplementary budget information in a timely fashion in
the form and content prescribed by the City. Any amendments to this budget must be
approved in writing by the City and the Grantee.
PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee
under this contract shall not exceed $6,800 for Renovations and $5,000 for Operations.
Drawdowns for the payment of eligible expenses shall be made against the line item
budgets specified in Paragraph III herein and in accordance with performance. Grantee
shall submit to City invoices for items purchased. City shall determined the reasonableness
of each purchase and shall not make disbursement of any such payment until City has
reviewed and approved each purchase.
Payments may be contingent upon certification of the Grantee's financial management
system in accordance with the standards specified in OMB Circular A-110, Attachment F.
NOTICES
Communication and details concerning this Agreement shall be directed to the following
contract representatives:
civ
Doug Goodman
City of Lubbock
P. O. Box 2000
Lubbock, TX 79457
Grantee
Tony Romero
Walker Houses, Inc.
1614 Avenue K
Lubbock, TX 79401
Walker Houses, Inc., 1996-97 ESG Funding Agreement
5
VI. SPECIAL CONDITIONS
Use as an Emergency Shelter
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. For purposes of this contract, the term "same general
population" means either the same types of homeless persons originally served with this
Emergency Shelter Grant assistance or persons in the same geographic area.
VII. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with all applicable federal, state and local laws, regulations and
policies governing the funds provided under this Agreement which were made available
under City's Emergency Shelter Grant program. Grantee further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
B. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
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
Grantee shall provide Worker's Compensation Insurance coverage for all of its employees
involved in the performance of this contract.
E. Insurance and Bonding
Grantee shall carry sufficient insurance coverage to protect contract assets from loss due
to theft, fraud and/or undue physical damage, and as a minimum, shall purchase a blanket
fidelity bond covering all employees in an amount equal to cash advances from City.
Grantee shall comply with the bonding and insurance requirements of Attachment B of
OMB Circular A-110, Bonding and Insurance.
Walker Houses, Inc., 1996-97 ESG Funding Agreement
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F. Grantor 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.
G. 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 'TA" 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.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
Walker Houses, Inc., 1996-97 ESG Funding Agreement
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1. Accountiniz 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" for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record -Keeping
1. Records to be Maintained
Grantee shall maintain all records required by federal regulations specified, and
that are pertinent to the activities to be funded under this Agreement. Such
records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets the
eligible activities of the ESG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with ESG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the ESG program;
f. Financial records as required by 24 CFR Part 576 Subpart G and
OMB Circular A-110.
g. Other records necessary to document compliance with Subpart G of
24 CFR 576.
2. Retention
Grantee shall retain all records pertinent to expenditures incurred under this
Agreement for a period of three (3) years. Records for non -expendable property
acquired with funds under this contract shall be retained for three (3) years after
he/she has received final payment. Notwithstanding the above, if there is litigation,
claims, audits, negotiations or other actions that involve any of the records cited
and that have started before the expiration of the three-year period, then such
records must be retained until completion of the actions and resolution of all
issues, or the expiration of the three-year period, whichever occurs later.
Walker Houses, Inc., 1996-97 ESG Funding Agreement
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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. Disclosure
Grantee understands that client information collected under this contract is private
and the use or disclosure of such information, when not directly connected with
the administration of the City's or Grantee's responsibilities with respect to services
provided under this contract, is prohibited unless written consent is obtained from
such person receiving service and, in the case of a minor, that of a responsible
parent/guardian, unless otherwise required by law.
5. Property Records
Grantee shall maintain real property inventory records which clearly identify
properties purchased, improved or sold.
6. Close -Outs
Grantee's obligation to the City shall not end until all close-out requirements are
completed. Activities during this close-out period shall include but are not limited
to: making final payments, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances, program income balances,
and accounts receivable to the Grantee), final close-out report and determining the
custodianship of records.
7. Audits and Inspections
All Grantee records with respect to any matters covered by this Agreement shall be
made available to City, their designees or the Federal Government, at any time
during normal business hours, as often as City deems necessary, to audit, examine,
and make excerpts or transcripts of all relevant data. Any deficiencies noted in
audit reports must be fully cleared by Grantee within thirty (30) days after receipt
by the Grantee. Failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future
payments. Grantee shall hereby agrees to have an annual agency audit conducted
in accordance with current City policy concerning Grantee audits and, as
applicable, OMB Circular A-133.
C. Re
,portingand nd Poment Procedures
Walker Houses, Inc., 1996-97 ESG Funding Agreement
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1. Proaram Income
Grantee shall report quarterly all program income generated by activities carried
out with ESG funds made available under this contract. By way of further
limitations, the Grantee may use such income during the contract period for
activities permitted under this contract and shall reduce requests for additional
funds by the amount of any such program income balances on hand. All unused
program income shall be returned to the City at the end of the contract period.
Any interest earned on cash advances from the U.S. Treasury is not program
income and shall be remitted promptly to the City.
2. Indirect Costs
If indirect costs are charged, the Grantee will develop an indirect cost allocation
plan for determining the appropriate Grantee's share of administrative costs and
shall submit such plan to the Grantee for approval, in a form specified by the City.
3. Payment Procedures
The City will pay to the Grantee funds available under this contract based upon
information submitted by the Grantee and consistent vith any approved budget
and City policy concerning payments. With the exception of certain advances,
payments will be made for eligible expenses actually incurred by the Grantee, and
not to exceed actual cash requirements. Payments will be adjusted by the City in
accordance with advance fund and program income balances available in Grantee
accounts. In addition, the City reserves the right to liquidate funds available under
this contract for costs incurred by the City on behalf of the Grantee.
4. Performance Reports
Grantee shall submit to City a monthly Performance Report in a format prescribed
by City and shall include the amount of funds obligated and expended for each of
the eligible activity described in 576.21 Subpart B.
The initial monthly Performance Report is required by the 20th of October.
Grantee shall continue to submit this report monthly no later than the 20th of each
month thereafter until all Emergency Shelter Grant amounts are reported and
expended.
D. Procurement
1. Compliance
Grantee shall comply with current City policy concerning the purchase of
equipment and shall maintain inventory records of all non -expendable personal
property as defined by such policy as may be procured with funds provided herein.
All program assets purchased with such funds (unexpended program income,
Walker Houses, Inc., 1996-97 ESG Funding Agreement
10
property, equipment, etc.) shall revert to the City upon termination of this
contract.
2. OMB Standards
Grantee shall procure all materials, property, or services in accordance with the
requirement of Attachment O of OMB Circular A-110, Procurement Standards,
and shall subsequently follow Attachment N, Property Management Standards,
covering utilization and disposal or property.
3. Travel
Grantee shall obtain written approval from the City for any travel outside the
metropolitan area with funds provided under this contract.
IX. PERSONNEL AND PARTICIPANT CONDMONS
A. Civil Ri is
1. 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 VM 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 and the regulations issued under the Order at
41 CFR Chapter 6.
2. Nondiscrimination
Grantee will not discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or
other handicap, age, marital/familial status, or status with regard to public
assistance. Grantee will take affirmative action to insure that all employment
practices are free from such discrimination. Such employment practices include
but are not limited to the following: hiring, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
Grantee agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting agency
setting forth the provision of this nondiscrimination clause.
3. Section 504
Grantee agrees to comply with any Federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act: of 1973 (29 U.S.C. 706),
Walker Houses, Inc., 1996-97 ESG Funding Agreement
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which prohibits discrimination against the handicapped. in any Federally assisted
program. The City shall provide the Grantee with any guidelines necessary for
compliance with that portion of the regulations in force during the term of this
contract.
B. Affirmative Action
1. Plan
Grantee agrees that is shall be committed to carry out an Affirmative Action
Program in keeping with the principles as described in President's Executive Order
11246 of September 24, 1965.
��AIIRIIM
Grantee will use its best efforts to afford minority- and women -owned business
enterprises the maximum practicable opportunity to participate in the performance
of this contract. As used in this contract, the term "minority and female business
enterprise" means a business at least fifty-one (51) percent owned and controlled
by minority group members or women. For the purpose of this definition,
"minority group members" are Afro-Americans, Spanish-speaking, Spanish
surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians.
The Grantee may rely on written representations by businesses regarding their
status as minority and female business enterprises in lieu of an independent
investigation.
3. Access to Records
Grantee shall furnish and cause each of its own subrecipients or subcontractors to
furnish all information and reports required hereunder and will permit access to its
books, records and accounts by the City, HUD or its agent, or other authorized
Federal officials for purposes of investigation to ascertain compliance with the
rules, regulations and provisions stated herein.
4. Notification
Grantee will send to each labor union or representative of works with which it has
a collective bargaining agreement or other contract or understanding, a notice, to
be provided by the agency contracting officer, advising the labor union or worker's
representative of the Grantee's commitments hereunder, and shall post copies of
the notice in conspicuous places available to employees and applicants for
employment.
S. EEO/AA Statement
Grantee will, in all solicitations or advertisements for employees placed by or on
behalf of the Grantee, state that it is an Equal Opportunity and Affirmative Action
employer.
Walker Houses, Inc., 1996-97 ESG Funding Agreement
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6. Subcontractors
Grantee will include the provisions of Paragraph IX A, Civil Rights, and B,
Affirmative Action, in every subcontract or purchase order, ,specifically or by
reference, so that such provisions will be binding upon each'of its own
subrecipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activi
Grantee is prohibited from using funds provided herein or personnel employed in
the administration of the program for: political activities; sectarian or religious
activities; lobbying, political patronage, and nepotism activities.
2. Labor Standards
Grantee agrees to comply and require all subcontractors to comply with the
requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as
amended, the provisions of Contract Work Hours, the Safety Standards Act, the
Copeland "Anti -Kickback" Act, and all other applicable federal, state, and local
laws pertaining to labor standards insofar as those acts apply to the performance of
this Agreement. Grantee will maintain documentation which demonstrates
compliance with hour and wage requirements of this part; this documentation shall
be made available to the City for review upon request.
"Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3, the regulations set forth in 24
CFR 135, and all applicable rules and orders issued hereunder prior to the
execution of this contract, shall be a condition of the Federal financial
assistance provided under this contract and binding upon the City, the
Grantee and any of the Grantee's subrecipients and subcontractors. Failure
to fulfill these requirements shall subject the City, the Grantee and any of
the Grantee's subrecipients and subcontractors, their successors and
assigns, to those sanctions specified by the Agreement through which
Federal assistance is provided. The Grantee certifies and agrees that no
contractual or other disability exists which would prevent compliance with
these requirements.
Grantee further 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
Walker Houses, Inc., 1996-97 ESG Funding Agreement
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HUD and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701.
Section 3 requires that to the greatest extent feasible opportunities
for training and employment be given to low- and very low-income
residents of the project area and contracts for work in connection
with the project be awarded to business concerns that provide
economic opportunities for low- and very low-income persons
residing in the metropolitan area in which the project is located.
The Grantee further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead -based paint hazards), housing
construction, or other public construction project are given to low- and
very low-income persons residing within the metropolitan area in which the
CDBG-funded project is located; where feasible, priority should be given
to low- and very low-income persons within the service area of the project
or the neighborhood in which the project is located, and to low- and very
low-income participants in other HUD programs; and award contracts for
work undertaken in connection with a housing rehabilitation (including
reduction and abatement of lead -based paint hazards), housing
construction, or other public construction project are given to business
concerns that provide economic opportunities for low- and very low-
income persons residing within the metropolitan area in which the CDBG-
funded project is located; where feasible, priority should be given to
business concerns which provide economic opportunities to low- and very
low-income residents within the service area or the neighborhood in which
the project is located, and to low- and very low-income participants in
other HUD programs.
Grantee certifies and agrees that no contractual or other legal incapacity
exists which would prevent compliance with these requirements.
b. Notifications
The Grantee agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, if any, a notice advising said labor organization
or worker's representative of its commitments under this Section 3 clause
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
C. Subcontracts
The Grantee will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the grantor agency.
The Grantee will not subcontract with any entity where it has notice or
Walker Houses, Inc., 1996-97 ESG Funding Agreement
14
knowledge that the latter has been found in violation of regulations under
24 CFR 135 and will not let any subcontract unless the entity has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
C. Conduct
1. Assignability
Grantee shall not assign or transfer any interest in this contract without the prior
written consent of the City thereto; provided, however, that claims for money due
or to become due to the Grantee from the City under this contract may be assigned
to a bank, trust company, or other financial institution without such approval.
Notice of any such assignment or transfer shall be furnished promptly to the City.
2. Subcontracts
a. Approvals
Grantee shall not enter into any subcontracts with any agency or individual
in the performance of this contract without the written consent of the City
prior to the execution of such agreement.
b. Monitoring
Grantee will monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in
written reports and supported with documented evidence of follow-up
actions taken to correct areas of noncompliance.
C. Content
Grantee shall cause all of the provisions of this contract in its entirety to be
included in and made a part of any subcontract executed in the
performance of this Agreement.
d. Selection Process
Grantee shall undertake to insure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open
competition basis. Executed copies of all subcontracts shall be forwarded
to the Grantee along with documentation concerning the selection process.
3. Hatch Act
Grantee agrees that no funds provided, nor personnel employed under this
contract, shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V United States Code.
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4. Conflict of Interest
Grantee and City agree to abide by the provisions of 24 CFR § 576.79 (d) with
respect to conflicts of interest, and Grantee covenants that it presently has no
financial interest, direct or indirect, which would conflict in any manner or degree
with the performance of the services required under this Agreement. Grantee
further covenants that in the performance of this Agreement no person having such
a financial interest shall be employed or retained by the: Grantee hereunder. These
conflict of interest provisions apply to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of the City, or of any
designed public agencies or subrecipients which are receiving funds under the ESG
Program.
S. Lobbving
Grantee hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract grant, loan or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, it will
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions;
C. It will require that the language of paragraph (d) of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly;
and
d. Lobbying Certification - Paragraph d
This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who
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16
fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
6. Copyright
If this contract results in any copyrightable material or inventions, the City reserves
the right to royalty -free, non-exclusive and irrevocable license to reproduce,
publish or otherwise use and to authorize others to use, the work or materials for
government purposes.
7. Religious Organization
Grantee agrees that funds provided under this contract will not be utilized for
religious activities, to promote religious interests, or for the benefit of a religious
organization in accordance with the Federal regulations specified in 24 CFR
576.22(b).
X. ENVIRONMENTAL CONDITIONS
A. Air and Water
Grantee agrees to comply with the following requirement insofar as they apply to the
performance of this contract:
Clean Air Act, 42 U.S.C., 7401, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information,
as well as other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder.
Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part
50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4001), the Grantee shall assure that for activities located in an area identified by
FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
C. Lead -Based Paint
Grantee agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the Lead -Based Paint Poisoning
Prevention Act (42 USC 4821 through 4846) and 24 CFR Part 35.
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D. Asbestos
Grantee agrees to comply with the Texas Asbestos Health Protection Act set forth at
Article 4477-3a Section 12 of the Texas Civil Statutes and the National Emission Standard
for Asbestos Regulations set forth at 40 CFR Part 61.
E. Historic Preservation
Grantee agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a Federal, state, or local historic property list.
M. SEVERABILUY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full
force and effect.
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t
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written
above.
CITY OF LUBBOCK
Ak —
ALEX "TY" rOOKE
MAYOR PR TEMPORE
ATTEST:
Kayt Darnell, Ci y Secretary
APPROVED AS TO CONTENT:
Gat'r 98610Lm---
Doug Go man, Managing Director
Health an ommunity Services
APPROVED AS TO FORM:
WALKER HOUSES, INC.
• 10 • i
�. ..
FED. I.D.#
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