HomeMy WebLinkAboutResolution - 2014-R0407 - Contract - Family Promise - ESG - 12/04/2014lution No. 2014-RO407
No. 6.15
mber 4, 2014
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Community Development Funding Contract,
and all related documents, by and between the City of Lubbock and the Family Promise of
Lubbock, from the Emergency Solutions Grant for the emergency shelter operations. 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 this 4th day of December , 2014
� '0-� &/
Gr,(. ROERTSON,MAYOR
ATTEST:
Reh&ca Garza, City Secret
APPROVED AS TO CONTENT:
Q
Rhonda Gentry
Interim Community Development
APPROVED AS TO FORM:
gs:CDBG ESC -Family Promise of Lubbock
11.14
Resolution No. 2014-RO407
COMMUNITY DEVELOPMENT EMERGENCY SOLUTIONS GRANT (ESG)
FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
FAMILY PROMISE OF LUBBOCK, INC.
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement entered into on this 41h day of December 2014, by and between the CITY OF
LUBBOCK (herein called "City") and Family Promise of Lubbock, 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 Solutions Grant Program pursuant to Subpart B of Title IV of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11371-11378), as amended by the Homeless
Emergency and Rapid Transition to Housing Act of 2009 (Public Law 111-22) (HEARTH Act)
and
WHEREAS, the Grantee operates a non-profit center offering services to the homeless; and
WHEREAS, the Corporation and the services it provides have been found to meet the criteria for
funding under provisions 24 CFR §576.23 of the Emergency Solutions Regulation for Nonprofit
Recipients; and
WHEREAS, the Street Outreach, Emergency Shelter, Homeless Prevention, Rapid Re -housing
and Homeless Management Information System 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 Emergency Shelter program 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 both
the Family Promise Emergency Shelter Operations and Rapid Re -housing Programs
NOW, THEREFORE, it is agreed between the parties hereto that:
2014-2015 ESG Funding Agreement
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I. SCOPE OF SERVICE
A. Activities
The Grantee will be responsible for administering an Emergency Solutions Grant
Year 2014-2015 Emergency Shelter Operations and Rapid Re -housing Program 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 activities
eligible under the Emergency Solutions Grant Program.
Program Delivery
Activity #1 - This project will provide funds to operate the day shelter located at
131915 1h Street and to re -house homeless individuals and families.
Activity #2 - Specifically under operations it will assist with the facility's utilities,
telephone bill and vehicle fuel, maintenance and insurance.
Activity #3 - Under the rapid re -housing it will assist with direct assistance to
clients including rent, utilities, security and utility deposits, last month's rent,
legal services and credit repair.
The facility will serve approximately 72 families who are homeless
B. Objective
The Grantee certifies that the activities carried out with funds provided under this
Agreement will meet one or more of the eligible activities for funding under the
Emergency Solutions Grant program - as defined in 24 CFR §576.21 as amended
by the HEARTH Act.
C. City Responsibilities
1. City agrees to provide Grantee assistance from U.S. Department of Housing
and Urban Development funds in an amount not to exceed 516,000 for
operations and 522,100 for rapid re -housing 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
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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 as amended by the
HEARTH Act.
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.
8. City shall review all work specifications prior to the beginning of the
procurement process.
9. City shall inspect work for compliance prior to any release of funds.
D. Grantee's Responsibilities
1. Grantee shall conduct, in a satisfactory manner as determined by City, an
Emergency Solutions Grants Program pursuant to Subpart B of Title IV of the
Stewart B. McKinney Homeless Assistance Act (42 USC §§11371-11378), as
amended by the HEARTH Act.
2. Grantee shall perform all activities in accordance with their budget, all
applicable Federal, state, and local laws, ordinances, statutes, rules, and
regulations set forth herein; the assurance, certifications, and all other terms,
provisions, and requirements set forth in this agreement.
3. Grantee agrees to comply with Housing and Urban Development (HUD)
Outcome Performance Measurement requirements and reporting.
4. Grantee shall submit to city such reports on the operation and performance of
this agreement during their program activity timeframe, as required by the City.
5. 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
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held by City until such time as the delinquent obligations for which funds are
withheld are fulfilled by Grantee.
6. Grantee shall refund to City the 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.
7. Grantee shall submit to City for review all work specifications prior to the
beginning of the procurement process. Grantee shall notify City upon work
completion for inspection prior to release of funds.
8. Grantee will verify and certify eligibility when the activity is a Low -mod
Clientele program by signing and dating the Self Certification form.
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. Match is
subject to review and approval by the City of Lubbock.
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 and as set forth in 42 USC § 11375. 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 as determined by HUD and approved by the City.
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.
F. Levels of Accomplishment / Goals and Performance Measures
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
Units Per Month* Total Units/Year
Screen and admit clients 5-6 (families) 72
Counseling, job referral 5-6 72
Provide room and board 5-6 72
*Residential and Non -Residential Individuals served.
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G. Staffing
Staff Member General Proaram Duties
Director Overall oversight of center
Case Manager Day to day operations
Van Driver (part-time) Transportation Coordinator
H. Performance Monitoring
1. General Statement:
The City will monitor the performance of the Grantee for compliance with goals and
requirements as required or as it deems necessary in accordance with the regulations.
Monitoring will be based on a risk analysis and a monitoring plan developed at the
beginning of the fiscal year. Desk monitoring will take place on a monthly and quarterly
basis as described below during grantees program activity timeframe. 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, contract
suspension or termination procedures will be initiated.
2. Desktop Monitoring
Monthly/ Quarterly Desktop Monitoring % of funding spent
October — December 2014 25%
January — March 25%
April — June 25%
July — September 25%
3. On-site Monitoring
• The number of on-site Monitoring Visits will be determined by the Community
Development department of the City of Lubbock.
• Notification letter sent to grantee at least 15 days before on-site monitoring visit.
• Monitoring letter sent to grantee identifying concerns and findings if any within thirty
(30) days of on-site monitoring visit.
• Grantee must provide a written response within thirty (30) days to the monitoring
letter that describes how the grantee will resolve any issues. If no deficiencies were
noted grantee must confirm receipt of report within thirty (30) days of the date of the
letter.
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II. TIME OF PERFORMANCE
This Agreement shall commence October 1, 2014, and shall terminate September 30,
2015. The term of the Agreement and the provisions herein may be extended to cover
any additional time period during which the Grantee remains in control of ESG funds or
other assets, including program income.
III. BUDGET
Line Item:
Emergency Shelter
Telephone
Utilities
Vehicle Fuel
Maintenance
Insurance
Rapid Re -housing
Relocation & Stabilization (Case
Manager)
Financial Assistance (Direct
Assistance to clients)
Specific Description of Activities:
IV.
$ Amount:
Total
2,000
5,000
2,500
1,500
5,000
$16,000
7,740
14,360
Total $22,100
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 changes to this budget must be
approved in writing by the City.
PAYMENT
All payments to grantees are on a monthly reimbursement basis. The Grantee will have
incurred the expense or paid for the expense and submit detailed source documentation
to the City when requesting payment.
It is expressly agreed and understood that the total amount to be paid by the City under
this contract shall not exceed $38,100. 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. Expenses for general administration shall also be paid
against the line item budgets specified in Paragraph III and in accordance with
performance.
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11
VI.
VII.
Payment request must be submitted with back-up documentation such as time sheets,
paycheck stubs, receipts, invoices, billing statements or other verification in support of all
expenditures incurred and charged to the grant.
Payments may be contingent upon certification of the Grantee's financial management
system in accordance with the standards specified in 24 CFR 84.
NOTICES
Communication and details concerning this Agreement shall be in writing and delivered
via mail (postage prepaid) Commercial courier, or personal delivery or sent by facsimile
or other electronic means. All notices and other written communications under the
Agreement shall be addressed to the individuals in the capacities indicated below, unless
otherwise modified by subsequent written notice. Communication and details concerning
this contract shall be directed to the following contract representatives:
CY
Rhonda Gentry
City of Lubbock
P. O. Box 2000
Lubbock, TX 79457
SPECIAL CONDITIONS
Use as an Emergency Shelter
Grantee
Jeff Malpiede
Family Promise of Lubbock, Inc.
P. O. Box 1258
Lubbock, TX 79408
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 and the building's use shall be governed by the provisions set forth in 24 CFR
§576.53. 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 Solutions Grant assistance (i.e. battered spouses) or persons in the same
geographic area.
GENERAL CONDITIONS
A. General Compliance
The Grantee agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U. S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart J and subpart K of
these regulations, except that (1) the Grantee does not assume the recipient's
environmental responsibilities described in 24 CFR 570.604 and (2) the Grantee does not
assume the recipient's responsibility for initiating the review process under the provisions
of 24 CFR Part 52. The Grantee also agrees to comply with all other applicable Federal,
state and local laws, regulations, and policies governing the funds provided under this
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contract. The Grantee further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
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 576.21 as amended by the HEARTH Act;
■ OMB Circular A-87 "Cost Principles for State and Local Governments," or OMB
Circular A-110, or OMB Circular A-122 "Cost Principles for Non -Profit Organizations,"
or OMB Circular A-21 "Cost Principles for Educational Institutions";
■ OMB Circular A-128, "Audits of State and Local Governments" or OMB Circular A-133
Audits of Institutions of Higher Education and Other Non -Profit Institutions";
■ 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 Housing and Community Development Act of 1974;
■ 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, &24 CFR982.401;
■ Asbestos guidelines established in CPD Notice 90-44;
■ HUD Environmental Criteria and Standards (24CFR Part 51);
■ The Energy Policy and conservation Act (Public Law 94-163) and 24 CFR Part39;
■ Historic Preservation Act of 1966, as amended, and related laws and Executive Orders;
■ Executive Order 11988, floodplain management, 1977 (42 FR 26951 et seq.);
■ Flood Disaster protection Act of 1973
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B. "Indeuendent 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 contractor.
C. Indemnity and Release
Grantee shall indemnify and hold harmless, to the fullest extent permitted by law, the
City, and 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 to, in any way, manner or form, the activities
contemplated hereunder.
Grantee shall pay to the City, the City's respective officers, employees, elected
officials and/or agents, as applicable, all attorney's fees incurred by such parties in
enforcing Grantee's indemnity in this section.
The City, and its respective officers, employees, elected officials and agents shall
not be liable and Grantee hereby releases the City, and its respective officers, employees,
elected officials and agents, for, from and/or against any losses, damages, claims or
liabilities to Grantee
The indemnity and release provided herein shall survive the termination or
voidance of 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 document, the former shall control.
E. Worker's Compensation
Grantee shall provide Worker's Compensation Insurance coverage for all of its employees
involved in the performance of this contract.
F. Insurance and Bonding
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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 24 CFR 84,
Bonding and Insurance.
G. Grantee Reco nig tion
Grantee shall insure recognition of the role of City's Emergency Solutions 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.
H. 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 or 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.
I. 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 "I.A" above may only be undertaken with the prior written
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 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
2014-2015 ESG Funding Agreement
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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.
The City may terminate this agreement in the event of an emergency or disaster, whether
an act of God or manmade, by giving twenty-four (24) hour notice. This City may give
said notice verbally to 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 Grantee.
J. Relocation and Acquisition
Grantee agrees to abide by the provisions relocation and assistance as set forth in 24 CFR
§576.59 when applicable.
VIII. ADMIMSTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
Grantee agrees to comply with 24 CFR 84 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. The grantee shall also comply with the
applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for
grants and cooperative agreements to state and local governments", and OMB
Circular A-87.
B. Documentation and Record -Keying
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 one of
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;
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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
24 CFR 84.
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 four (4) years. Records for non -expendable property
acquired with funds under this contract shall be retained for four (4) 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 four-year period,
then such records must be retained until completion of the actions and resolution
of all issues, or the expiration of the four-year period, whichever occurs later.
3. Client Data
Grantee shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to, client name, address,
income level or other basis for determining eligibility, and description of service
provided. Such information shall be made available to City monitors or their
designees for review upon request.
4. 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. All disclosures
retained by Grantee relating to the Federal funds shall be governed by the
provisions of the Texas Public Information Act (Texas Government Code Chapter
552).
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
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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 agree to have an annual agency audit
conducted in accordance with current City policy concerning Grantee audits and,
as applicable, OMB Circular A-133.
Grantees meeting the OMB Circular A-133 requirements must submit their audits
to the audit clearing house within nine (9) months after the entities fiscal year end
date.
C. Reporting and Payment Procedures
1. Program Income
Grantee shall report as required by the City 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 with 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
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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 Performance and Financial Report, monthly or
during their program activity time frame as requested by the city, in a format
prescribed by the City and shall include the amount of funds expended for each of
the eligible activities.
The initial Performance and Financial Report is required by the 20`' of the
following month after program activity starts. Grantee shall continue to submit the
reports monthly no later than the 201h of each month, the September financial
report and request for reimbursement must be in by September 30. The
performance report will remain due by the 20`h of the following month. Reporting
will continue from the start of program activity till the end of the program year.
Along with the performance report grantee shall submit narrative information on
progress of the funded activities to the City in the form, content, and frequency as
required by the City. Public facility projects must submit narrative information on
progress of project on a quarterly basis.
D. Procurement
Compliance
The 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,
property, equipment, etc.) shall revert to the City upon termination of this
contract.
2. CFR Standards
Grantee shall procure all materials, property, or services in accordance with the
requirements of 24 CFR 84, Procurement Standards, and shall subsequently
follow the Property Management Standards as modified by 24 CFR 570.502(b)(6),
covering utilization and disposal of property.
3. Travel
Grantee shall obtain written approval from the City for any travel outside the
metropolitan area with funds provided under this contract.
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 24 CFR Part 84 and CFR
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570.502, 570.503, and 570.504, as applicable, which include but are not limited to
the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand
and any accounts receivable attributable to the use of funds under this
Agreement at the time of expiration, cancellation, or termination.
2. Real property under the Subrecipient's control that was acquired or
improved, in whole or in part, with funds under this Agreement in excess of
$25,000 shall be used to meet one of the CDBG National Objectives pursuant
to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or
such longer period of time as the Grantee deems appropriate]. If the
Subrecipient fails to use CDBG-assisted real property in a manner that meets a
CDBG National Objective for the prescribed period of time, the Subrecipient
shall pay the Grantee 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 Grantee. The Subrecipient
may retain real property acquired or improved under this Agreement after the
expiration of the five-year [or such longer period of time as the Grantee deems
appropriate.
3. In all cases in which equipment acquired, in whole or in part, with funds
under this Agreement is sold, the proceeds shall be program income (prorated
to reflect the extent to that funds received under this Agreement were used to
acquire the equipment). Equipment not needed by the Subrecipient for
activities under this Agreement shall be (a) transferred to the Grantee for the
CDBG program or (b) retained after compensating the Grantee [an amount
equal to the current fair market value of the equipment less the percentage of
non-CDBG funds used to acquire the equipment].
IX. RELOCATION, REAL PROPERTY A COUISITION AND ONE FOR ONE
HOUSING REPLACEMENT
The Subrecipient agrees to comply with (a) 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); (b) the requirements of 24 CFR
570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan
under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d)
governing optional relocation policies. [The Grantee may preempt the optional policies.]
The Subrecipient shall provide relocation assistance to displaced persons as defined by 24
CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation,
demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to
comply with applicable Grantee ordinances, resolutions and policies concerning the
displacement of persons from their residences.
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X. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
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 VIII of the Civil Rights Act of
1968 as amended, Section 109 of Title I of the Housing and Community
Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975,
Executive Order 11063, and with Executive Order 11246 as amended by
Executive Orders 11375 and 12086 and Executive Order 13279 and the
regulations issued under the Order at 41 CFR Chapter 60.
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),
and all related regulations, 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.
4. Reports
The Grantee shall maintain a report that documents the race/ethnicity of its
employees. The Grantee shall provide the City a copy with said report upon
execution of this Agreement.
5. Policies
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The Grantee shall maintain current copies of its fair housing ad equal
opportunity policies. The Grantee shall provide a copy of said policies to the City
immediately upon request.
B. Affirmative Action
Atwoved Plan
The Grantee agrees that it shall be committed to carry out pursuant to the City's
specifications an Affirmative Action Program in keeping with the principles as
provided in the President's Executive Order 11246 of September 24, 1965.
Grantees receiving federal funds through the City are required to develop a written
affirmative action program to insure that equal opportunity is provided in all
aspects of their employment.
2. Women -and Minority —Owned Businesses
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. Notifications
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.
5. EEO/AA Statement
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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.
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
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.
3. "Section 3" Clause
a. Compliance
Grantee agrees to comply with the provisions of Section 3 of the Housing
and Urban Development Act, as amended (12 USC §1701, et al.) and to
include the following clause in all subcontracts executed under this
Agreement:
"The work to be performed under this Contract is a project assisted
under a program providing direct federal financial assistance from
HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 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
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low-income persons residing in the metropolitan area in which the
project is located."
Grantee certifies and agrees that no contractual or other legal incapacity
exists which would prevent compliance with these requirements.
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. Monitorina
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.
e. Suspension/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
2014-2015 ESG Funding Agreement
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that it has reviewed potential subcontractors against the debarred and
excluded list prior to committing any grant funds to a subcontract.
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.
4. Conflict of Interest
The Grantee shall maintain written codes of conduct that govern the performance
of it employees engaged in the award and administration of contracts. Said codes
of conduct shall be in compliance with 24 CFR 84.42.
Grantee and City agree to abide by the provisions of 24 CFR § 576.57 (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.
5. Lobbying
Grantee hereby certifies that it is in compliance with the provisions of the Byrd
Amendment (42 USC § 3537, and § 3545, and 31 USC 1352) and the
implementing regulations at 24 CFR Parts 4 and 87 as follows:
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,
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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, subg mts, and contracts under
grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly; and
d. Lobbying Certification
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 31 USC § 1352.
Any person who 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
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50, as amended, and any and all Federal, state, and local laws and regulations and
guidelines relating to or pertaining to environmental matters.
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), and any or all related
Federal, State, or local laws, regulations and guidelines.
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, and any or
all related Federal, state, or local laws, regulations or guidelines as applicable.
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, and any or all related
Federal, state, or local laws, regulations or guidelines.
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, and any or all related Federal, state or local laws, regulations or
guidelines.
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.
XI. 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.
XIII. 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.
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XIV. 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.
XV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient
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 Grantee and the Subrecipient with respect to this Agreement.
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written
above.
CITY OF LUBBOCK
GLEN C. ROBERTSON
MAYOR
ATTEST:
Keticka Garza, City Secreta
APPROVED AS TO CONTENT:
FAMILY PROMISE OF LUBBOCK, INC.
41 14vt
Je)�piede
Director
FED. I.D.# 7r -1351/0d
.z
Board Chair
KhondaRhonda Gentry, Interim Comm I
ity Development Director
APOVED AS TO FORM:
n
Amy ims, De t ttomey
2014-2015 ESG Funding Agreement
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