HomeMy WebLinkAboutResolution - 2012-R0284 - Contract - Catholic Charities - CSBG, Parent Empowerment Program - 07/12/2012Resolution No. 2012-RO284
July 12, 2012
Item No. 6.3
RESOLUTION
IBE 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, a Community Development Funding
Contract, by and between the City of Lubbock and Catholic Charities of Lubbock, from
the Community Services Block Grant for the Parent Empowerment Program, and all
related documents. 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
ATTEST:
RReb ca Garza, City Secreta
July 12 ?()1?
APPROVED AS TO CONTENT:
Phar is Brown
Interim Community Development Director
APPROVED AS TO FORM:
Ani
y
a
gs/redoes/CDBG-Funding Agrmt-Catholic Charities of Lub.res
6.12.12
Resolution No. 2012-80284
COMMUNITY SERVICE BLOCK GRANT
AGREEMENT BETWEEN THE CITY OF LUBBOCK
AND CATHOLIC CHARITIES, DIOCESE OF LUBBOCK
0MIN Iwe] 01..'%I
COUNTY OF LUBBOCK §
This Contract entered into this 12th day of July 2012, by and between the CITY OF
LUBBOCK (herein called "City") and CATHOLIC CHARITIES, DIOCESE OF LUBBOCK a non-
profit Center (herein called "Contractor").
WHEREAS, the City is obligated to do and perform certain services in its administration of
Community Services Block Grant; and
WHEREAS, the Contractor operates a non-profit center offering services to low-income
individuals in the County of Lubbock; and
WHEREAS, the services provided by the Contractor benefit citizens of the County of
Lubbock and constitute a valuable public service; and
WHEREAS, the City Council of the City of Lubbock has declared programs of the
Catholic Charities to be a public purpose and the provision of these services to be a predominate
purpose of this transaction; and
WHEREAS, the Contractor and the services it provides have been found to meet the criteria
for funding under the RFP; and
WHEREAS, the accomplishment of the above public purpose is the predominant purpose
of this transaction, continuing supervision by the City and State together with statutory and
contractual requirements provide sufficient assurance that this public purpose will be
accomplished and an audit provides sufficient protection of the handling of public money; and
WHEREAS, the City Council had found that the Contractor has the special expertise,
knowledge and experience necessary for the performance of the contract and that the City will
receive adequate consideration in the form of substantial public benefit; and
WHEREAS, the City desires to contract with the Contractor to make available operating
assistance for the Parent Empowerment Program.
NOW, THEREFORE, it is agreed between the parties hereto that:
SCOPE OF SERVICE
A. General Overview of Program:
1. Contractor will use $18,249.54, of 2011 unspent CSBG Administration funds,
awarded to administer the Parent Empowerment Program and transition people
out of poverty by providing direct assistance with education and support services
and as per the budget herein.
B. City Responsibilities:
City agrees to provide Contractor assistance from Community Services Block
Grant funds in an amount not to exceed $18,249.54 from 2011 CSBG funds for
the Parent Empowerment Program in return for Contractor performing the
activities set forth in this Contract as consideration for said funds:
2. It is expressly understood and agreed by the parties hereto that the City's
responsibilities are contingent upon the actual receipt of adequate funds to meet
City's liabilities under this contract. if adequate funds are not available to
make payment under this contract, City shall notify Contractor in writing
within a reasonable time after such fact is determined. City shall terminate this
Contract and will not be liable for failure to make payments to Contractor under
this Contract.
The funds shall be disbursed in the amounts and at the time the funds are
disbursed to the City by the State of Texas. The City is not responsible for any
amounts not distributed by the State of Texas. CSBG funds shall be disbursed in
the amount and at the time funds are disbursed to the City by the State of Texas.
The State of Texas has currently released all of 2011 CSBG funds. Therefore, the
City shall currently disburse $18,249.54 in CSBG funds to the Contractor.
3. City shall not be liable to Contractor for any costs incurred by Contractor, or
any portions thereof, which have been paid to Contractor or which are subject
to payment to Contractor, or which have been reimbursed to Contractor or
which are subject to reimbursement to Contractor by any source other than City
or Contractor.
4. City shall not be liable for any costs incurred by Contractor which are not
allowable costs as set forth in the contract.
5. City shall not be liable to Contractor for any costs incurred by Contractor or for
any performances rendered by Contractor which are not strictly in accordance
with the terms of this Contract.
6. City shall not be liable to Contractor for any costs incurred by Contractor in the
performance of this Contract which have not been billed to City by Contractor
within sixty (60) days following termination of this Contract.
7. City shall not be liable for costs incurred or performances rendered by
Contractor before commencement of this Contract or after termination of this
Contract.
8. City's financial assistance will be limited to the following:
a. The assistance made available through this Contract shall be used by the
Contractor solely for the purpose of the Parent Empowerment Program.
b. The assistance shall provide funding for expenses incurred within the
operation and scope of the program.
c. The services provided by the Contractor shall benefit lower-income families
residing in the County of Lubbock and whose gross household income does
not exceed the most recent Poverty Income Guidelines issued by the U.S.
Department of Health and Human Services.
C. Contractor's Responsibilities
1. Contractor agrees to use funds made available through this Contract solely for
the purpose of the Catholic Charities Parent Empowerment Program, at 102
Ave J.
2. Contractor agrees to comply with applicable uniform administrative
requirements, as described in the Catholic Charities Policy Manual and
generally accepted administrative requirements for the Texas State Government
located at I TAC5.141 et seq. And the federal administrative requirements
located at 45CFR Part 96.
3. Contractor agrees to carry out the activities under this Contract in compliance
with all State and Local laws and regulations.
II. TIME OF PERFORMANCE
This Contract for 2011 CSBG funds shall commence January 1, 2012 and shall terminate
April 30, 2012.
I1I. BUDGET
IWV� ZV451001
City will pay up to $18,249.54 to Contractor based upon the receipt of request for funds
and project expense summary for the above-described project. Contractor shall submit to
City invoices for items purchased. City shall determine the reasonableness of each
purchase and shall not make disbursement of any such payment until City has reviewed
and approved each purchase. If need is shown to exist, City staff can release up to 10% of
the funds to be used as start-up funding. Contractor will then bill City monthly for
expenses occurred during the month. By end of program year, Contractor will have
provided City with proper documentation to show how all funds were expended, including
the start-up costs.
V. NOTICES
Communication and details concerning this Contract shall be directed to the following
Contract representatives:
CSBG
Funds
Matching Funds
Total Project
Funds
Administration:
Personnel
Fringe Benefits
Office Supplies
Copy Supplies
Postage
Telephone
Office Space
Facility Utilities
Insurance
Total Administration
Program:
Tuition, fees, certification,
licensing, testing, etc.
Books
Child Care
Transportation
Utilities
15,830.67
Rent
2,418.87
Case Management
Other (uniforms, Rx, eye
exams and glasses, etc.)
Total Program
$ 18,249.54
GRAND TOTAL
$ 18,249.54
IWV� ZV451001
City will pay up to $18,249.54 to Contractor based upon the receipt of request for funds
and project expense summary for the above-described project. Contractor shall submit to
City invoices for items purchased. City shall determine the reasonableness of each
purchase and shall not make disbursement of any such payment until City has reviewed
and approved each purchase. If need is shown to exist, City staff can release up to 10% of
the funds to be used as start-up funding. Contractor will then bill City monthly for
expenses occurred during the month. By end of program year, Contractor will have
provided City with proper documentation to show how all funds were expended, including
the start-up costs.
V. NOTICES
Communication and details concerning this Contract shall be directed to the following
Contract representatives:
VI
VII.
Joe Rangel
City of Lubbock
P. O. Box 2000
Lubbock, TX 79457
SPECIAL CONDITIONS
Beth Zarate
Catholic Charities, Diocese of Lubbock
102 Ave J
Lubbock, TX 79401
A. Specific Requirements to Meet Conditions Outlined in RFP
1. Contractor will maintain adequate case management files on each client assisted;
whether the case management is funded through this grant or not, and whether
the case management is provided by the Contractor or not.
2. Contractor will keep adequate documentation of the design of the program, the
implementation of the program, and evaluation of program design.
3. Contractor will keep documentation of their efforts to leverage CSBG funds
with other programs to enhance the services provided to clients.
4. Contractor will keep documentation of their efforts to cooperate and
collaborate with other service providers.
GENERAL CONDITIONS
A. 1. General Compliance
Contractor agrees to comply with all applicable federal, state and local laws and
regulations governing the funds provided under this Contract which were made
available under City's Community Services Block Grant program.
2. Labor Standards
The Contractor agrees to comply with the requirements of the Secretary of Labor in
accordance with the Copeland "Anti -Kickback" Act (40 U.S.0 276a -276a-5; 40 USC
327 and 40 USC 26c) and all other applicable Federal, state and local laws and
regulations pertaining to the labor standards insofar as those acts apply to the
performance of this contract.
B. Independent Contractor
Nothing contained in this Contract is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. Contractor shall at all times remain an independent contractor with
respect to the services to be performed under this Contract. City shall be exempt
from payment of all Unemployment Compensation, FICA, retirement, life and/or
medical insurance and Worker's Compensation insurance as the Contractor 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, including, but not limited to, losses, damages, claims or
liabilities arising from or related to, in any way, manner or form, the act or omission
of third parties and/or the negligence or fault of City, its respective officers,
employees, elected officials and /or agents. Grantee further covenants and agrees to
defend any suits or administrative proceedings brought against the City and/or the
City's respective officers, employees, elected officials and/or agents on account of
any such claim, and to pay or discharge the full amount or obligation of any such
claim incurred by, accruing to, or imposed on the City, or the City's respective
officers, employees, elected officials and/or agents, as applicable, resulting from such
suits, claims and/or administrative proceedings or any matter resulting from the
settlement or resolution of said suits, claims and/or administrative proceedings, in
addition, Grantee shall pay to the City, 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, on any theory of legal liability, including, but not limited to the
negligence, of any type of degree or fault, of the City, arising from or related to, in
any way, manner of form, the unenforceability or voidance, for any reason, of all or
part of this agreement.
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
F.
Cid
H.
Worker's Compensation
Contractor shall provide Worker's Compensation insurance coverage for all
employees involved in the performance of this Contract.
Insurance and Bonding
Throughout the term of this Contract, the Contractor will maintain liability
insurance in the following minimum amounts:
Type of Insurance
Commercial General Liability
Property Damage Liability
City Recognition
Minimum Liability
$1,000,000 Limit
$100,000 Each Occurrence
Contractor shall insure recognition of the role of City's Community Services Block
Grant program in providing funding through this Contract. All activities, facilities
and items utilized pursuant to this Contract shall be prominently labeled as to
funding source. In addition, Contractor will include a reference to the support
provided herein in all publications made possible with funds made available under
this Contract.
Changes and Amendments
City or Contractor may amend this Contract at any time, provided that such
amendments make specific reference to this Contract, 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
Contract, nor relieve nor release City or Contractor from its obligations under this
Contract.
City may, in its discretion, amend this Contract 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 Contract, such
modifications will be incorporated only by written amendment signed by both City
and Contractor.
H. Suspension or Termination
Either party may terminate this Contract 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.B" above may only be undertaken with the
prior approval of City. In the event of any termination for convenience, all finished
or unfinished documents, data, studies, surveys, maps, models, photographs,
reports, or other materials prepared by Contractor under this Contract shall at the
option of City, become the property of City, and Contractor 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 Contract, in whole or in part, if Contractor
materially fails to comply with any term of this Contract, or with any of the rules,
regulations, or provisions referred to herein; and the City may declare the
Contractor 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
Contractor is in noncompliance with any applicable rules or regulations, City may
withhold up to fifteen percent (15%) of said contract funds until such time as
Contractor is found to be in compliance by City or is otherwise adjudicated to be
in compliance.
The City may also 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 Grantee. Any expenditures 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.
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 grant funds to a subcontract.
I. Prevention of Waste, Fraud and Abuse
Contractor shall establish, maintain, and utilize systems and procedures to prevent,
detect, and correct waste, fraud, and abuse in activities funded under this contract.
The systems and procedures shall address possible waste, fraud, and abuse by
Contractor, its employees, recipients, vendors, and administrating agencies.
Contractor's internal control systems and all transactions and other significant events
are to be clearly documented, and the documentation is to be readily available for
monitoring by City.
Contractor shall give City complete access to all of its records, employees, and agents
for the purposes of any investigation of the funded programs. Contractor shall
immediately notify City of any discovery of waste, fraud or abuse. Contractor shall
fully cooperate with City's efforts to detect, investigate, and prevent waste, fraud and
abuse in the funded program.
Contractor may not discriminate against any employee or other person who reports a
violation of the terms of this contract or of any law or regulation to the City or to any
appropriate law enforcement authority, if the report is made in good faith.
J. Legal Remedies
In instances where the Contractors violate or breach this Contract, the City may apply
administrative, contractual, or legal remedies. The City may suspend all activities
temporarily pending either corrective action by the Contractor or a decision by the
City to terminate this contract.
K. Legal_ Authority
Contractor represents that it possesses the practical ability and legal authority to enter
in to this contract, receive and manage funds authorized by this contract, and to
perform the services Contractor has obligated itself to perform under this contract.
The person signing this contract on behalf of Contractor herby warrants that he/she
has been authorized by Contractor to execute this contract on behalf of Contractor
and to bind Contractor to all terms herein set forth.
L. Reporting and Patent Rights
Contractor shall abide by all requirements and regulations pertaining to the reporting
and patent rights involving research, developmental, experimental or demonstration
work, with respect to any discovery or invention which arises or is developed in the
course of satisfying the terms of this agreement.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards,
Contractor agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
2. Cost Principles
Contractor shall administer its program in conformance with OMB
Circulars A-122, "Cost Principles for Non -Profit Orgaizations", or A-21,
"Cost Principles for Educational Institutions", as applicable, for all costs
incurred whether charged on a direct or indirect basis.
B. Documentation and Record -Keeping
1. Records to be Maintained
Contractor shall maintain all records required by the State of Texas
Department of Housing and Community Affairs, and that are pertinent to
the activities to be funded under this Contract.
2. Retention
Contractor shall retain all record pertinent to expenditures incurred under
this Contractor for a period of five (5) years after the termination of all
activities funded under this Contract, or after the resolution of all State
audit findings, whichever occurs later.
3. Client Data
Contractor shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to: total
number of information and referral calls received and broken down into
subject categories for every call; specific information obtained through
random screening of calls such as income level, gender, race, age,
education -level, and household size. Such information shall be made
available to City monitors or their designees for review by the 10th day of
every month.
4. Audits and Inspections
All Contractor records with respect to any matters covered by this
Contract shall be made available to City, their designees or the State
Government, at any time during normal business hours, as often as City or
State deems necessary, to audit, examine, and make excerpts or transcripts
of all relevant data, both financial and programmatic. Any deficiencies
noted in audit reports must be fully cleared by Contractor within thirty
(30) days after receipt by the Contractor. Failure to comply with the
above audit requirements will constitute a violation of this Contract and
may result in the withholding of future payments.
C. Operation and Financial Reports
1. Financial Record Reports
Contractor agrees to submit to the City invoices for the services and
approved costs of this program by the l Orh day of each month; and
2. Operation Reports
Contractor agrees to submit to the City a monthly activity report in
accordance with instructions provided by the State.
IX. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
Contractor 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 and the regulations
issued under the order at 41 CFR chapter 60.
Non-discrimination and Equal Opportunity
No person shall, on the grounds of race, color, national origin, or sex be excluded
form participation in, be denied from the benefits of, or be subjected to discrimination
under any program or activity funded in whole or in part with funds made available
under the contract.
Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1990, or with respect to an otherwise qualified disabled
individual as provided in section 04 of the Rehabilitation Act of 1973, shall also
apply to any such program or activity.
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.
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. Conduct
1. Prohibit Political Activity and Lobbying
None of the funds provided under this contract shall be used for influencing the
outcome of any election, or the passage or defeat of any legislative measure. This
prohibition shall not be construed to prevent any official or employee of
Contractor from furnishing to any member of it's governing body upon request, or
to any other local or official not considered under law to be confidential
information. Any action taken against an employee or official for supplying such
information shall subject the person initiating the action to immediate dismissal
from employment.
No funds provided under this Contract may be used directly or indirectly to hire
employees or in any other way fun or support candidates for the legislative,
executive, or judicial branches of government of Contractor, the State of Texas, or
the government of the United States.
None of the funds provided under this contract shall be paid to any official or
employee who violates any of the provisions of this section.
2. Conflict of Interest and Nepotism
Contractor covenants that neither it nor any member of its governing body presently
has any interest or shall acquire any interest, direct or indirect, which would conflict
in any manner or degree with the performance of this contract. Contractor further
covenants that in the performance of this contract no person having such interest
shall be employed or appointed by contactor.
No person (1) Who is an employee, agent, consultant, officer, or official of the
contractor and who exercises or has exercised any functions or responsibilities with
respect to assisted contract activities; or (2) Who is in a position to participate in a
decision making process or gains inside information with regard to such activities,
may obtain a personal or financial interest or benefit, direct or indirect, in any
contract, subcontract, or agreement with respect thereto, or the proceeds there
under, either for themselves or those with whom they have familiar or business ties,
during their tenure.
Contractor's employees, officers, and/or agents shall neither solicit nor accept
gratuities, favors, or anything of monetary value from subcontractors, or potential
subcontractors.
The Grantee shall maintain written codes of conduct that govern the performance of
its employees engaged in the award and administration of contracts. Said codes of
conduct shall be in compliance with 24 CFR 84.42.
Further, Grantee covenants that it presently has no financial interest and shall not
acquire any financial interest, direct or indirect, which would conflict in any manner
or degree with the performance of services required under this Agreement. The
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 designated public agencies or subrecipients which are receiving funds
under the CDBG Entitlement program.
C. Air & Water
The Grantee agrees to comply with the following requirements 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.
41
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
CITY OF LUBBOCK
Glen C. ertson
MAYOR
ATTEST:
Reb ca Garza, City Secret Uy
APPROVED AS TO CONTENT:
Phyl Brown, Interim Director
Co unity Development
APPROVED AS TO FORM:
CATHOLIC CHARITIES
DIOCESE OF LUBBOCK
Beth Zarate
EXECUTIVE DIRECTOR
FED. I. D.# f] S — ) q �' (,e � ckE