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HomeMy WebLinkAboutResolution - 2024-R0044 - Community Development Block Grant Funding Agreements, YWCA - 01/23/2024Resolution No. 2024-R0044 Item No. 6.20 January 23, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Community Development Block Grant Funding Agreement 17814, and all related documents, between the City of Lubbock and YWCA of Lubbock, for funding to provide low to moderate income individuals and families with childcare scholarship assistance. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 23, 2024 ATTEST: Co ey Paz, City Sec APPROVED AS TO CONTENT: Karen Murfee, Community Develop nt Director APPROVED AS TO FORM: . A ' s, Deputy torney RES. CDBG Contract 17814- YWCA of Lubbock Resolution No. 2024-R0044 COMMUNITY DEVELOPMENT BLOCK G1�ANT (CDBG) FUNUING AGREEMENT BETWEEN THE CITY OF LUBBOCK ANl3 YWCA OF LUBBOCK This Community Development Block Grant Program Funding Agreement (the "Agreement"), Contract No. 17814, is made by and between the City of Lubbock, a State of Texas home rule municipal corporation (the "City") and YWCA of Lubbock (the "Grantee"), (each a"Party," and collectively the "Parties") acting by and through the Parties' representative officers and officials, and is hereby entered into by the Parties on this 23rd day ofJ�uarY , 2024 (the "Effective Date"). RF.CITALS WHEREAS, the Grantee is obligated to do and perform certain services in its undertaking of a Community Development Block Grant (CDBG) Program pursuant to the Housing and Development Act of 1975, as amended; and WHEREAS, the Grantee operates a non-profit center offering services to families and individuals throughout Lubbock County, Texas. WHEREAS, the Grantee and the services it provides have been found to meet the criteria for funding under provision 24 CFR 570.200(a) and 24 CFR 570.201; and W��EREAS, the Grantee proposes to use the funds in order to provide low to moderate income individuals and families with childcare scholarships (the "Program"); and WHERFAS, the Granteey's services benefit residents in and around Lubbock, Texas and constitute a valuable public service, and the City Council of the City (the "City Council") has declared the services provided by the City to be a public purpose; and WHEREAS, the accomplishment of the above public purpose is the predominate purpose of this Agreement; and W�3FREAS, the continuing supervision by the City and State together with statutory and contractual requirements provide sufficient assurance that the public purpose of this Agreement will be accomplished; and W��EREAS, the City Council has found that the City has the special expertise, knowledge, and experience necessary for the operation of the Program; and, that the City will receive adequate consideration in the form of substantial public benefit; and NOW, THEREFORE: THE PA1tTIES, FOR GOOD AND VALUABLE CONSInERATION, AGREE AS FOLLOWS: 2023 — 2024 CDBG Funding Agreement Page 1 AGREEMENT Article 1. SCOPE OF SERVICE A. The City's Responsibilities l. The City agrees to provide the Grantee with funding from the U.S. Department of Housing and Urban Development (HUD) not to exceed the amount as stated in the attached EXHIBIT A, to be distributed and used according to the provisions of this Agreement. 2. The Funding will be limited to the Grantee's performance of the Program, including the satisfaction of expenses incurred by the Grantee in its performance of the Program. The City's awarding of the Funding under this Agreement is contingent upon the City's receipt of adequate funds to meet the City's liabilities under this Agreement. If adequate funds are not made available to the City so that it cannot award the Funding, then the City shall notify the Grantee in writing within a reasonable time after such fact is determined, the City shall terminate this Agreement, and the City will not be directly or indirectly liable for failure to award the Funding to the Grantee under this Agreement. 4. The City shall not be liable to the Grantee for any cost incurred by the Grantee which has been paid to the Grantee, which is subject to be paid to the Grantee, which has been reimbursed to the Grantee, or which is subject to reimbursement to the Grantee by any source other than the City or the City. 5. The City shall not be liable for any cost incurred by the Grantee which is not an allowable cost as set forth in this Agreement or under 24 CFR §570.207. 6. The City shall not be liable to the Grantee for any cost incurred by the Grantee or for any performance rendered by the Grantee which is not strictly in accordance with the terms of this Agreement. 7. The City shall not be liable to the Grantee for any cost incurred by the Grantee in the performance of this Agreement which has not been billed to the City by the Grantee within sixty (60) days following the termination of this Agreement. 8. The City shall not be liable for any cost incurred or performance rendered by the Grantee before the commencement or after termination of this Agreement. 9. The City may, at its sole discretion and convenience, review any work specifications prior to the beginning of a procurement process under this Agreement, and the City may inspect any construction for compliance with work specifications prior to the release of the Funding. 10. In accordance with 24 CFR 570.508, notwithstanding 2 CFR 200.337, the City shall provide citizens with reasonable access to records regarding the past use of CDBG funds, 2023 — 2024 CDBG Funding Agreement Page 2 consistent with applicable State and local laws regarding privacy and obligations of confidentiality. B. The Grantee's Responsibilities 1. The Grantee will be responsible for administering the Program in a manner satisfactory to the City and in compliance with this Agreement and with any and all statutory standards related to the Funding. 2. The Grantee certifies that all of its activities carried out for the Program through the Funding will satisfy 24 CFR Part 570, including, but not limited to: CDBG's eligible activities under the applicable uniform administrative requirements described in 2 CFR Part 200 "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards". The Grantee agrees to repay any and all of the Funding that does not satisfy the regulations required under this provision. 3. The Grantee shall perform all activities related to the Program in accordance with its budget; all applicable laws and regulations; and, with the assurance, certifications, and all other terms, provisions, and requirements set forth in this Agreement. 4. Upon the City's request while this Agreement is in effect, the Grantee shall submit to the City any and all reports, documents, or information on the Grantee's performance of the Funding or the Program contemplated under this Agreement. 5. In addition to the limitations on liability otherwise specified in this Agreement, it is expressly understood and agreed to by the Parties that if the Grantee fails to submit to the City in a timely and satisfactory manner any reports, documents, or information requested by the City under this Agreement, the City may, at its sole discretion, withhold all, or any part of, the Funding. If the City withholds all, or any part of, the Funding, it shall notify the Grantee in writing of its decision and the reasons therefor. Any Funding withheld pursuant to this paragraph may be held by the City until such time as the obligations for which the Funding is being withheld is fulfilled by the Grantee to the satisfaction of the City. 6. The Grantee shall refund to the City any Funding that has been paid to the Grantee by the City for which the City determines is a result of overpayment of the Funding to the Grantee, or for which the City determines any of the Funding has not been spent by the Grantee strictly in accordance with the terms of this Agreement. Such refund shall be made by the Grantee to the City within thirty (30) working days after such refund is requested by the City. 7. The Grantee shall submit to the City a request for an environmental assessment to be prepared and approved on individual construction sites prior to the beginning of any project if applicable. 2023 — 2024 CDBG Funding Agreement Page 3 8. The Grantee shall submit to the City a request for a review of all work specifications prior to the beginning of the procurement process. 9. The Grantee will have Match funds ready and available prior to the start of any project, if applicable. Failure to have Match funds ready and available may delay or cancel such project. 10. The Grantee agrees that any interests or assets obtained with the Funding shall revert back to the City in the event that the Grantee dissolves, files for bankruptcy, or goes out of business for any reason. C. Grantee's Match The CDBG funds must be supplemented with additional funds from sources other than CDBG. This Grantee must provide Match for 25% or more of the total project costs from non-federal sources. Matching funds may include cash or in-kind donations, donated voluntary labor, donated professional services, donated supplies or materials, or other non-federal grant funds. D. NationalObjective The Grantee agrees that all activities funded with CDBG funds and carried out under this Agreement will meet the following CDBG program national objectives as defned in 24 CFR 570.208(a): 1) Activities beneiiting low- and moderate-income persons E. Performance Monitoring General Monitoring. In accordance with 24 CFR 570.501(b), the City will monitor the Grantee's performance under this Agreement in order to ensure that the Grantee complies with the terms of this Agreement and all other applicable laws and regulations related to this Agreement and the Funding provided through this Agreement (the "Monitoring"). The Monitoring will be based on a risk analysis and a monitoring plan developed at the beginning of the fiscal year, and will take place on a monthly basis as described below. Quarterly monitoring reviews may be performed for performance management. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Grantee within a reasonable period of time after being notified by the City in writing, the City may suspend or terminate this Agreement. 2. On-site Monitoring. The number of on-site Monitoring visits will be determined by the City. The City will send a Monitoring notification letter sent to the Grantee at least fifteen (15) days before a Monitoring visit. The Grantee must provide a written response to the Monitoring report within thirty (30) days that describes how the Grantee will resolve the issues raised by the City in the Monitoring report. The Grantee must confirm receipt of the 2023 — 2024 CDBG Funding Agreement Page 4 Monitoring report within thirty (30) days if no actionable issues were identified in the Monitoring report. The City reserves the right to conduct a spot check of Grantee's facility where program takes place, at any given time without notice. Article 2. TIME OF PERFORMANCE Services of the Grantee shall start on the first (1 S`) day of October, 2023, and end on the thirtieth (30'h) day of September, 2024 (the "Term"). The Term and the provisions of this Agreement shall be extended to cover any additional time period during which the City remains in control of the CDBG Funding period or other CDBG assets, including Program income. Article 3. BUDGET The Funding made available to the Grantee under this Agreement shall be specifically drawn from the sources listed in this section (the "BudgeY'). The Funding made available to the City under this Agreement shall be drawn from several fiscal year allocations by HUD to the City. In the budget listed below, the fiscal year of a HUD allocation to the City is listed to the left of the funding under that allocation that is made available to the Grantee for the Project under this Agreement. The Funding made available to the Grantee under this Agreement shall be directly linked to the specific funding year and amount listed in the attached EXHIBIT A. Any amendments to the budget must be approved in writing by both the City and the Grantee. Article 4. PAYMENT A. The Payment The Funding shall be disbursed on a monthly basis, pending the Grantee's submission to the City of a written request for reimbursement, with such request being in a form acceptable to the City (the "Payment"). Expenses eligible for Payment to the Grantee by the City shall be those expenses that have been incurred or paid for by the Grantee prior to the Grantee's submission to the City of a request for Payment. In its request to the City for the Payment, the Grantee shall submit detailed source documentation to the City that clearly shows the source of the expenses incurred and paid for by the Grantee that are the subject of the Grantee's request for Payment. Such source documentation includes, but is not limited to, time sheets, paycheck stubs, receipts, general ledger, invoices, billing statements, or other verification in support of all expenditures incurred by the Grantee in its performance of the Program. B. Not to Exceed The total amount of the Funding to be paid by the City under this Agreement shall not exceed the amount as stated in the attached EXHIBIT A, for the Program. Any drawdowns on the Payment and any expenses for the general administration of the Program shall be made against the line item budgets specified in this Agreement and in accordance with the Grantee's performance of Program. 2023 — 2024 CDBG Funding Agreement Page 5 C. 2 CFR Part 200 Every Payment may be contingent upon certification of the Grantee's financial management system in accordance with the standards specified in 2 CFR Part 200. Article 5. SPECIAL CONDITIONS: None. Article 6. GENERAL CONDITIONS A. General Compliance 1. The Grantee agrees to comply with the requirements of 24 CFR Part 570 (the HUD regulations concerning Community Development Block Grants (CDBG)), including subpart K of these regulations; except that: (1) the Grantee does not assume the City's environmental responsibilities described in 24 CFR 570.604; and, (2) the Grantee does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52. 2. The Grantee also agrees to comply with all other applicable Federal, State and local laws, regulations, and policies governing the CDBG Funding provided under this Agreement. The Grantee further agrees to utilize the CDBG Funding under this agreement to supplement, rather than supplant, funds otherwise available. 3. The Grantee shall comply with all applicable Federal laws, regulations, and requirements and all provisions of this Agreement, which include compliance with the provisions of the HCD Act and all rules, regulations, guidelines, and circulars promulgated by the various Federal departments, agencies, administrations, and commissions relating to the CDBG Program. The applicable laws and regulations include, but are not limited to: 24 CFR Part 570; 2 CFR Part 200; The Davis-Bacon Fair Labor Standards Act; The Contract Work Hours and Safety Standards Act of 1962; Copeland "Anti-Kickback" act of 1934; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA); Title VI of the Civil Rights Act of 1964, (Public Law 88-352 implemented in 24 CFR Part 1); Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (Public Law 90- 234 and Executive Order 11063 as amended by Executive Order 12259 (implemented in 24 CFR Part 107); Section 104(b) and 109 of the HCD Act of 1974; 24 CFR Part 75, Section 3 of the Housing and Urban Development Act of 1968; Equal employment opportunity and minority business enterprise regulations established in 24 CFR Part 570.904; Non-discrimination in employment, established by Executive Order 11246 (as amended by Executive Orders 11375 and 12086); Section 504 of the Rehabilitation Act of 1973 Uniform Federal accessibility Standards; The Architectural Barriers Act of 1968; The Americans With Disabilities Act (ADA) of 1990; The Age Discrimination Act of 1975, as amended; National Environmental Policy of 1969 (42 USC 4321 et seq.), as amended; Lead Based paint regulations established in 24 CFR Parts 35, 570.608, and 24 CFR 982.401; Asbestos guidelines established in CPD Notice 90-44; �IUD Environmental Criteria and Standards (24CFR Part 51); The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; Historic Preservation Act of 1966, as amended, and 2023 — 2024 CDBG Funding Agreement Page 6 related laws and Executive Orders; Executive Order 11988, floodplain management, 1977 (42 FR 26951 et seq.); and, Flood Disaster protection Act of 1973. B. "Independent Contractor" Nothing contained in this Agreement is intended, or shall be construed in any manner, to create or establish the relationship of employer and employee between the Parties. The Grantee shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life, medical insurance, and Workers' Compensation insurance as the Grantee is an independent contractor. C. Indemnity and Release THE GRANTEE SHALL INUEMNIFY AND HOLD HARMLESS� TO THE FULLEST EXTENT PERMITTED BY LAW� THE CITY� AND THE CITY'S RESPECTIVE OFFICERS� EMPLOYEES� ELECTED OFFICIALS� AND AGENTS� FROM AND AGAINST ANY AND ALL LOSSES� DAMAGES, CLAIMS� OR LIABILITIES� OF ANY KIND OR NATURE� WHICH ARISE DIRECTLY OR INDIRECTLY� OR ARE RELATED� IN ANY WAY� MANNER� OR FORM� TO THE ACTIVITIES CONTEMPLATED HEREUNDER. 2. THE GRANTEE SHALL PAY TO THE CITY� THE CITY�S RESPECTIVE OFFICERS� EMPLOYEES� ELECTED OFFICIALS� AND OR AGENTS� AS APPLICABLE� ALL ATTORNEYS' FEES INCURRED BY ENFORCING THE GRANTEE'S INDEMNITY HEREIN. THE GRANTEE, AND ITS RESPECTIVE OFFICERS� EMPLOYEES, ELECTED OFFICIALS� AND AGENTS SHALL NOT BE LIABLE� AND THE CITY HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS� EMPLOYEES� ELECTED OFFICIALS� AND AGENTS� FOR� FROM� AND AGAINST ANY LOSSES� DAMAGES� CLAIMS� OR LIABILITIES TO THE GRANTEE. 4. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THIS AGREEMENT. D. Right to Exercise The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. E. Workers' Compensation If applicable, the Grantee shall provide Workers' Compensation insurance coverage for all of its employees involved in the performance of this Agreement. 2023 — 2024 CDBG Funding Agreement � Page 7 F. Insurance and Bonding The Grantee shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud, and/or 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 the City. The Grantee shall comply with the bonding and insurance requirements of 2 CFR 200, Bonding and Insurance. G. Grantor Recognition The Grantee shall insure recognition of the role of the grantor agency in providing services through this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be prominently labeled as to the Funding source. In addition, the Grantee will include a reference to the Funding in all publications made possible under this Agreement. H. Amendments 1. The City or the 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 Parties, and approved by the City Council. Such amendments shall neither invalidate this Agreement nor relieve or release the City or the Grantee from its obligations under this Agreement. 2. The City may, in its discretion, amend this Agreement to conform with Federal, State, or local governmental guidelines, policies, and available funding amounts, or for any other reason. If such amendments result in a change in the Funding, the scope of services, or the schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Parties. I. Suspension or Termination In accordance with 2 CFR Part 200 either Party may terminate this Agreement for convenience 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 this Agreement may only be undertaken with the prior approval of the 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 the Grantee under this Agreement shall, at the option of the City, become the property of the City, and the Grantee shall be entitled to receive just and equitable compensation for any work completed on such documents or materials prior to the termination. 2. The City may terminate this agreement if the Grantee fails to comply with any terms of this Agreement, whole or in part which include (but are not limited to) the following: 2023 — 2024 CDBG Funding Agreement Page 8 a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders and HUD guidelines, policies or directives as may become applicable at any time; b) Failure, for any reason, of the Grantee to fulfill in a timely and proper manner its obligations under this Agreement; c) Ineffective or improper use of CDBG funds provided under this agreement; or d) Submission by the Grantee to the City of reports that are incorrect or incomplete in any material respect. 3. The City may suspend or terminate this Agreement if the City reasonably believes that the Grantee is in noncompliance with any requirement of this Agreement, then the City may withhold up to fifteen percent (15%) of the Funding until such time as the Grantee is found to be, or is otherwise adjudicated, to be in compliance. 4. The City may terminate this Agreement in the event of an emergency or disaster, whether, an act of God, natural or manmade, by giving twenty-four (24) hour notice. The City may give said notice verbally to the Grantee. Any expenditure incurred prior to receiving notice will be reimbursed; however, in no event shall the City pay any expenses incurred after notice of termination is received by the Grantee. Article 7. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards. The Grantee agrees to comply with 2 CFR Part 200, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and to maintain necessary source documentation for all costs incurred under this Agreement. 2. Cost Principles. The Grantee shall administer its program in conformance with 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards", which shall be applied to all direct or indirect costs incurred by the Grantee under this Agreement. B. Documentation and Record-Keeping 1. Records to be Maintained. The Grantee shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a) Records demonstrating that each activity meets one of the National Objectives of the CDBG Program, benefiting low to moderate income (LMI) persons or, low to moderate income area (LMA) by census tracts; 2023 — 2024 CDBG Funding Agreement Page 9 b) Records required to determine the eligibility of activities; c) Financial records as required by 24 CFR Part 570.502 and 2 CFR Part 200; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; � Other records necessary to document compliance with Subpart K or 24 CFR Part 570. 2. Retention. The Grantee shall retain all financial records, supporting documents and all records pertinent to the Agreement, including but not limited to client data of no less than five (5) years. The retention period begins on the date of the submission to the City's annual performance and evaluation report to HUD in which activities assisted under this Agreement are reported on for the final time. Expenditures under this Agreement for a period of iive (5) years after the termination of all activities funded under this Agreement. Records for non-expendable property acquired with the Funding shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after the displaced person has received final payment. Notwithstanding the above, if there is any litigation, claim, audit, negotiation or other action that involves any of the records cited herein and that has started before the expiration of the five (5) year period, then such records must be retained until the completion of the actions and resolution of all issues, or the expiration of the five (5) year period, whichever occurs later. 3. Client Data. The Grantee shall maintain client data that demonstrates its client eligibility for the Funding and services provided under this Agreement. Such data shall include, but not be limited to: client name or identifier; client address; client income level; age, gender, race, ethnicity or other determination of client eligibility; and, a description of the service provided to the client related to this Agreement. Such information shall be made available to the City or it's designees for review upon request. 4. Disclosure. The Grantee understands that client information collected under this Agreement is private, and the use or disclosure of such information, when not directly connected with the administration of the City or Grantee's responsibilities related to this Agreement, is prohibited unless written consent is obtained from such client receiving service(s) and in the case of a minor, that of a responsible parent or guardian, unless otherwise required by law. 5. Properry Records. The Grantee shall maintain a real property inventory that clearly identiiies any property purchased, improved, or sold under this Agreement or that is related to the Funding. Any such property shall throughout the Term remain in compliance with 2023 — 2024 CDBG Funding Agreement Page 10 all eligibility criteria and shall conform with the "changes in use" restrictions specified in 24 CFR Part 570.503(b)(7). 6. Close-Outs. The Grantee's obligation to the City under this Agreement shall not end until all close-out requirements under this Agreement are completed pursuant to applicable Federal regulations and law. 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 City); final close-out reports; and, determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Grantee has control of the CDBG funds, including program income. 7. Audits & Inspections. All of the Grantee's records related to this Agreement shall be made available at any time during normal business hours as often as the City or its designee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives deems necessary to monitor, audit (if required), examine, or make excerpts or transcripts of any data relevant to this Agreement in order for the City to produce an audit report. Any deficiencies noted in an audit report must be fully cleared by the Grantee within thirty (30) days after receipt by the City. Failure of the Grantee to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of Funding. The Grantee hereby agrees to have an annual internal audit conducted in accordance with current City policy concerning Grantee audits and, if required, a regular audit under Title 2 CFR Part 200 "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards". C. Reporting and Payment Procedures 1. Payment Procedures. The City will pay to the Grantee Funds based upon information submitted by the Grantee and consistent with any approved budget and City policy concerning the Payments. Payment 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 fu�d and program income balances available in the Grantee's accounts. In addition, the City reserves the right to liquidate any part of the Funding for costs incurred by the City on behalf of the Grantee. 2. Performance and Financial Reports. Throughout the Term, the Grantee shall submit monthly reports to the City, in a format, content and frequency as required by the City. A monthly Performance Report, a Financial Report, and a narrative for the Grantee's Program activity and shall include the amount of all of the Grantee's expenditures for each of its Program activities. The Grantee shall submit such reports, demographics and narratives no later than the tenth (lOt") day of each month. The End of Year report is due no later than October 10, 2024. Reporting will continue from the start of Program activity through the end of the Program year. 2023 — 2024 CDBC Funding Agreement Page I1 3. Program Income. The Grantee shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Grantee shall comply with the requirements set forth at 24 CFR 570.504. 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 unexpended 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 and from funds held in a revolving fund account is not program income and shall be remitted promptly to the City. D. Procurement Compliance. The Grantee shall comply with Title 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards" and the City policy concerning the purchase of equipment and shall maintain inventory records of all non- expendable personal property procured with CDBG funds. All Program assets purchased with Funding, including unexpended program income, property, or equipment, shall revert to the City upon the termination of this Agreement. 1. CFR Standards. Unless specified otherwise within this Agreement, the Grantee shall procure all materials, property, or services in accordance with the requirements of 2 CFR Part 200. 2. Travel. The Grantee shall obtain written approval from the City for any travel outside the metropolitan area that is financed in any way through the Funding under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR Part 200 and 24 CFR Part 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Grantee shall transfer to the City all CDBG funds on hand and any accounts receivable attributable to the use of the Funding under this Agreement at the time of expiration, cancellation, or termination of this Agreement. 2. Real property under the Grantee's control that was acquired or improved, in whole or in part, with the Funding in excess of twenty-five thousand dollars ($25,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR Part 570.208 until five (5) years after the expiration of this Agreement, or such longer period of time as the City deems appropriate. If the Grantee fails to use CDSG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, then the Grantee shall pay to the City an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute Program income to the City. 2023 — 2024 CDBG Funding Agreement Page 12 The Grantee may retain real property acquired or improved under this Agreement after the expiration of the iive (5) year period, or such longer period of time as the City deems appropriate. 3. In all cases in which equipment acquired, in whole or in part, with the Funding under this Agreement is sold, the proceeds shall be Program income to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment not needed by the Grantee for activities under this Agreement shall be (a) transferred to the City for the CDBG program, or (b) retained after compensating the City for an amount equal to the current fair market value of the equipment less the percentage of non-CDBG fi�nds used to acquire the equipment. Article 8. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Grantee agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); the requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement and Relocation Assistance Plan under Section 104(d) of the HCD Act; and, the requirements in 570.606(d) governing optional relocation policies. The City may preempt the optional policies. The Grantee shall provide relocation assistance to persons, families, individuals, businesses, nonprofit organizations, and farms that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG-assisted project. The Grantee also agrees to comply with all applicable City ordinances, resolutions, and policies concerning the displacement of persons from their residences. Article 9. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance. The Grantee agrees to comply, and to require its 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 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended; 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, 11478, 12107, 12086. 2. Nondiscrimination. The Grantee agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations and executive orders referenced in 24 CFR Part 570.607, as revised by Executive Order 13279. The applicable non-discrimination provision in Section 109 of the HCDA are still applicable. The 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 or familial status, or status with regard to public assistance. The Grantee will take affirmative action to ensure that all employment practices are free from such 2023 — 2024 CDBG Funding Agreement Page l3 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. The 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 provisions of this nondiscrimination clause. 3. Land Covenants. This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. 1. 88-352) and 24 CFR 570.601-602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City and the United States are beneficiaries of and entitled to enforce such covenants. The Grantee, in undertaking its obligation to carry out the Program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504. The Grantee agrees to comply with any Federal regulations issued pursuant in compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The City shall provide the Grantee with any guidelines necessary for compliance with the regulations in force during the term of this Agreement. 5. Reports. The Grantee shall maintain a report that documents the race and ethnicity of its employees. The Grantee shall provide the City a copy with said report upon execution of this Agreement. 6. Policies. The Grantee shall maintain current copies of its fair housing and equal opportunity policies. The Grantee shall provide a copy of said policies to the City immediately upon request. B. Affirmative Action Approved Plan. The Grantee agrees they shall be committed to carry out pursuant to the City's speciiications an Affirmative Action Program in keeping with the principles as provided in the President's Executive Order 11246 of September 24, 1965. If the Grantee receives Federal funds through the City, then the Grantee shall be required to develop a written Affirmative Action Program to ensure that equal opportunity is provided in all aspects of its employment. 1. Women- and Minoriry-Owned Business (W/MBE). The Grantee will use its best efforts to afford small businesses, minority- and women-owned business enterprises and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. The terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.0 632), and "minority and female business enterprise" means a business at least fifty-one percent (51 %) owned 2023 — 2024 CDBG Funding Agreement Page 14 and controlled by minority group members or women. For the purpose of the term "minority group members" means 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 women-owned business enterprises in lieu of an independent investigation. 2. Access to Records. The Grantee shall furnish and cause any subgrantee or subcontractor 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. 3. Notifications. The Grantee will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting offcer, 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. 4. Subcontract Provisions. The Grantee will include the provisions of the Civil Rights and Affirmative Action sections of this Agreement, in every subcontract or purchase order, specifcally or by reference, so that such provisions will be binding upon each Grantee or subcontractor. C. Employment Restrictions 1. Prohibited Activiry. The Grantee is prohibited from using the Funding provided herein or personnel employed in the administration of the Program for political activities, inherently religious activities; sectarian activity, religious activity, lobbying, political patronage, or nepotism. 2. Labor Standards. a) The Grantee agrees 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 and Safety Standards Act (40 U.S.C. 327 et seq.), the Copeland "Anti-Kickback" Act (18 U.S.C. 874 et seq.) and all other applicable Federal, State, and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Grantee agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor Act at 29 CFR Part 5. The Grantee shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. b) The Grantee agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of two thousand dollars ($2,000) for construction, renovation, or repair work financed in whole or in part with assistance provided under this Agreement, 2023 — 2024 CDBG Funding Agreement Page 15 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 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by State or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher wage. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. D. "Section 3" Clause 1. Compliance. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended and as implemented by the regulations set forth in 24 CFR 75, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement, and binding upon the City, the Grantee, any of Subrecipient, and subcontractor. The Grantee certifies and agrees that no contractual or other legal incapacity exists which would prevent compliance with these requirements. 2. "Section 3" Paragraph. The Grantee further agrees to comply with these "Section 3" requirements and to include the following language 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, (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." 3. Training & Employment. The Grantee will 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 Project is located. Where feasible, the Grantee agrees that 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. 4. Award of Contracts. The Grantee agrees to 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 Project is located. Where feasible, the Grantee agrees that priority should be given to business concerns which 2023 — 2024 CDBG Funding Agreement Page 16 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. 5. 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. 6. 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 knowledge that the latter has been found in violation of regulations under 24 CFR 75 and will not allow any subcontract unless the entity provides a preliminary statement of ability to comply with the requirements of this Agreement and all other applicable law. E. Assignability The Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of the City. Claims for money due or to become due to the City from the Grantee under this Agreement 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. F. Subcontracts 1. Approvals. The Grantee shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the City prior to the execution of such subcontract. 2. Monitoring. The Grantee will monitor the performance of all subcontracted services on a regular basis. 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. Substandard performance as determined by the Grantee or the City will constitute noncompliance with this agreement. If action to correct such substandard performance is not taken by the Grantee within a reasonable time after being notified, Agreement suspension or termination will take place. 3. Content. The Grantee shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 4. Selection Process. The Grantee shall insure that all subcontracts entered into in the performance of this Agreement shall be awarded on a fair and open competition basis. 2023 — 2024 CDBG Funding Agreement Page 17 Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. Suspension and Disbarment. The Grantee shall not enter into any subcontracts with an agency, business, or individual that has been suspended, disbarred, or otherwise excluded from Federal grants. The Grantee shall maintain records demonstrating that it has reviewed potential subcontractors against the debarred and excluded list prior to committing any of the Funding to a subcontract. G. Hatch Act The Grantee agrees that no Funding or personnel employed under this Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. H. Conflict of Interest The Grantee agrees to abide by the provisions of 2 CFR Part 200 and 570.611, which include but are not limited to: 1. The Grantee shall maintain a written code of conduct to govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. 2. No employee, officer, or agent of the Grantee shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a"covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the City, the Grantee, or any designated public agency. I. Lobbying The Grantee hereby certifies that: 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 2023 — 2024 CDBG Funding Agreement Page 18 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; 2. 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. 3. It will require that the language of Article 10.D.2 of this Agreement 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. J. Lobbying Certification Any person who fails to file the required certification imposed by section 1352, title 31, U.S.C. shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. Submission of such certification is a prerequisite for making or entering into this Agreement, and the certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. K. Copyright If this Agreement 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. L. Religious Organization The Grantee agrees that the Funding provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization prohibited by 24 CFR 570.200(j), such as worship, religious instruction or proselyzation. Article 10. ENVIRONMENTAL CONDITIONS A. Air and Water The Grantee agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: - National Environmental Policy Act, 42 U.S.C. Part 55. - Clean Air Act, 42 U.S.C., 7401, et seq; 2023 — 2024 CDBG Funding Agreement Page 19 - 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; other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; and, 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 U.S.C. 4001), the Grantee shall assure that, for activities located in an area identified by Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of fnancial assistance for acquisition or construction purposes, including rehabilitation. C. Lead-Based Paint The Grantee agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Asbestos The 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 The 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 Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on a Federal, State, or local historic property list. 2023 — 2024 CDBG Funding Agreement Page 20 Article 11. SEVERABILITY 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. Article 12. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. Article 13. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Article 14. CHAPTER 2270, SUBTITLE F, TITLE 10, TEXAS GOVERNMENT CODE The City warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that it does not boycott Israel, and that it will not boycott Israel during the term of this Agreement. Article 15. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Parties for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Grantee, and any Subrecipient, with respect to this Agreement. IN WITNESS HEREOF, THE PARTIES HAVE EXECUTED AND ENTER INTO THIS AGREEMENT ON THE EFFECTIVE DATE [Signature Page to FollowJ 2023 — 2024 CDBG Funding Agreement Page 21 SIGNATURES FOR: THE CITY OF LUBBOCK FOR: YWCA of Lubbock ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: Karen Murfee, Community Development Director APPROVED AS TO FORM: � Amy L ims, Deput ' Attorney 2023 — 2024 CDBG Funding Agreement Page 22 lenda Mathi , Executive Director FI' 2023 — 2024 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) EXHIBIT A GRANTEE- PROGRAM - ALLOCATION - MATCH - YWCA of Lubbock Childcare Scholarships $100,000 $25,000 PROGRAM DELIVERY- This program will provide scholarships for childcare services to eligible households with infants, toddlers, preschoolers, or school-aged children, and who are in need of assistance due to circumstantial constraints, thus allowing them to maintain stability while continuing to work or seek employment. LEVEL 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 in its performance of the Program. Activi Childcare Scholarships Time of Performance October 1, 2023 — September 30, 2024 Monthly Reports and Reimbursement Request are due by the 10'�' oJ�each month Year End and Outcome Report due no later than October 10, 2024 BUDGET- Line Item Childcare Scholarships Salary/Fringe Benefits CONTACT INFORMATION Grant Funds $90,000 $10,000 Communication and details concerning this Agreement shall be directed to the following: For the Citv: Community Development Karen Murfee, Director P.O. Box 2000 Lubbock, TX 79457 (806) 775-2296 kmurfee@mylubbock.us Proposed Count 100 Unduplicated Persons For the Grantee: YWCA of Lubbock Glenda Mathis, Chief Executive Officer P.O Box 94136 Lubbock, TX 79493 (806) 776-9733 glenda.mathis@ywcalubbock.org