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HomeMy WebLinkAboutResolution - 2012-R0409 - Contract - Alcoholic Recovery Center - ESG, Facility Operations - 10/25/2012Resolution No. 2012-RO409 October 25, 2012 Item No. 5.23 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, a Community Development Funding Contract, by and between the City of Lubbock and the Alcoholic Recovery Center, from the Emergency Solutions Grant for Facility operations, 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 October 25 G1gi,e/ROBI-f I'SON, MAYOR ATTEST: Reber a Garza, City Secretary APPROVED AS TO CONTENT: Phylli, rown -- Interim Community Development Director APPROVED AS TO FORM: Aims, ssi rney gs/ccdocs/CDBG-Funding Agrmnt-Alcoholic Recovery Ctr.res. 4.25.12 2012 Resolution No. 2012-80409 COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND ALCOHOLIC RECOVERY CENTER STATE OF TEXAS COUNTY OF LUBBOCK This Agreement entered into on this 25thday of October 2012, by and between the CITY OF LUBBOCK (herein called "City") and Alcoholic Recovery Center 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 the Alcoholic Recovery Center Emergency Shelter program NOW, THEREFORE, it is agreed between the parties hereto that: SCOPE OF SERVICE A. Activities 2012-2013 ESG Funding Agreement The Grantee will be responsible for administering an Emergency Solutions Grant Year 2012-201.3 Emergency Shelter 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. This project will provide funds to operate the shelter located at 608 17'h Street. Specifically, it will assist with the facility's utilities and telephone bill. The facility will serve approximately 70 men who are recovering from some type of substance abuse. 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 City agrees to provide Grantee assistance from U.S. Department of Housing and Urban Development funds in an amount not to exceed S 18,000 in return for Grantee performing the activities set forth in this Agreement as consideration for said funds. 2. It is expressly understood and agreed by the parties hereto that City's responsibilities are contingent upon the actual receipt of adequate federal funds to meet City's liabilities under this agreement. If adequate funds are not available to make payments under this agreement, City shall notify Grantee in writing within a reasonable time after such fact is determined. City shall terminate this agreement and will not be liable for failure to make payments to Grantee under this agreement. 3. City shall not be liable to Grantee for any costs incurred by Grantee, or any portions thereof, which have been paid to Grantee or which are subject to payment to Grantee, or which have been reimbursed to Grantee or which are subject to reimbursement to Grantee by any source other than City or Grantee. 4. City shall not be liable to Grantee for any costs incurred by Grantee which are not allowable costs, as set forth in 24 CFR §576.21 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. 2012-2013 FSG Funding Agreement 2 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 atter 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 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. In addition to the limitations on liability otherwise specified in this agreement, it is expressly understood and agreed by the parties hereto that if Grantee fails to submit to City in a timely and satisfactory manner any report required by this agreement, City may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Grantee hereunder. If City withholds such payments, it shall notify Grantee in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by City until such time as the delinquent obligations for which funds are withheld are fulfilled by Grantee. 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. 2012-2013 FSG Funding Agreement 3 7. Grantee shall submit to City for revicw 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 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/Timeline 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 Timeline Units Per Month* Total Units/Year Screen and admit clients Oct -Sept 5-6 (individuals) 70 Counseling, job referral Oct -Sept 5-6 70 Provide room and board Oct -Sept 5-6 70 *Residential and Non -Residential Individuals served. G. StaStal�tine Staff Member Director House Manager Volunteers General Program Duties Overall oversight of center Day to day operations Clerical duties 2012-2013 ESG Funding Agreeinent 4 H. Performance Monitoring 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 basis 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. Monitoring timeline will be as follows: • Notification letter sent to grantee at least 15 days before monitoring visit. • Monitoring letter sent to grantee identifying concerns and findings if any within thirty (30) days of 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. II. TIME OF PERFORMANCE This Agreement shall commence October 1, 2012, and shall terminate September 30, 2013. The term of the Agreement and the provisions herein shall be extended to cover any additional time period during which the Grantee remains in control of ESG funds or other assets, including program income. 111. BUDGET Line Item: $ Amount: Emeraencv Shelter Utilities & Telephone 12,700 Repairs & Maintenance 3,800 Insurance 1,500 Total $18,000 Specific Description of Activities: 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. 2012-2013 ESG Funding Agreement 5 IV. V. VI. VII. 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 $18,000. 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. 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 directed to the following contract representatives: Citty Joe Rangel City of Lubbock P. O. Box 2000 Lubbock, TX 79457 SPECIAL CONDITIONS Use as an Emergency Shelter Grantee Robert Peterson Alcoholic Recovery Center P. O. Box 1084 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 §x'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 2012-7013 ESG Funding Agreement Grantee agrees to comply with all applicable federal, state and local laws, regulations and policies governing the funds provided under this Agreement which were made available under City's Emergency Solutions Grant program. Grantee further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Grantee shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation insurance as the Grantee is an independent contractor. C. Indemnitv 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. 2012-2013 ESG Funding Agreement 7 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 Grantee shall carry sufficient insurance coverage to protect contract assets from loss due to theft, baud 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. Grantor Recognition 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. 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 "LA" 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 rust and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 2012-2013 FSG Funding Agreement 8 City may also suspend or terminate this Agreement, in whole or in part, if Grantee materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein and the City may declare the Grantee ineligible for any further participation in City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe Grantee is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen percent (15%) of said contract funds until such time as Grantee is found to be in compliance by City or is otherwise adjudicated to be in compliance. 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 Acouisition Grantee agrees to abide by the provisions relocation and assistance as set forth in 24 CFR §576.59 when applicable. VIII. ADMINISTRATIVE RE UIREMENTS A. Financial Management 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 -Keeping 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; 2012-2013 FSG Funding Agreement 9 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 docurnent the acquisition, improvement, use or disposition of real property acquired or improved with ESG assistance; Records documenting compliance with the fair housing and equal opportunity components of the ESG program; 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. 2012-2013 ESG Funding Agreement 10 6. Close -Outs Grantee's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), final close-out report and determining the custodianship of records. 7. Audits and Inspections All Grantee records with respect to any matters covered by this Agreement shall be made available to City, their designees or the Federal Government, at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by Grantee within thirty (30) days after receipt by the Grantee. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Grantee shall hereby 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 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. Payment Procedures 2012-2013 ESG Funding Agreement II 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 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`h of the following month after program activity starts. Grantee shall continue to submit the reports monthly no later than the 20`h 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(6)(6), covering utilization and disposal of property.. 2012-2013 E5G Funding Agreement 12 3. Travel Grantee shall obtain written approval from the City for any travel outside the metropolitan area with funds provided under this contract. IX. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Compliance Grantee agrees to comply and to require all subcontractors to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086 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.G. 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 2012-2013 ESG Funding Agreement 13 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 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 Approved 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. W/MBE 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 (5 1) 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 subreeipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notification Grantee will send to each labor union or representative of works with which it has a collective bargaining agreement or other contract or understanding, a notice, to 2012-2013 ESG Funding Agreement 14 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 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 1. Prohibited Activity 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 2012-2013 FSG Funding Agreement 15 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." Grantee certifies and agrees that no contractual or other legal incapacity exists which would prevent compliance with these requirements. C. Conduct 1. Assi nability Grantee shall not assign or transfer any interest in this contract without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Grantee from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 2. Subcontracts a. Approvals Grantee shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the City prior to the execution of such agreement. b. Monitoring Grantee will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 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 2012-2013 ESG Funding Agreement 16 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 that it has reviewed potential subcontractors against the debarred and excluded list prior to committing any grant funds to a subcontract. 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. 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 2012-7013 ESG Funding Agreement 17 modification of any Federal contract grant, loan or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; C. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly; and d. Lobbying Certification - Paragraph d This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 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. 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: 2012-2013 ESG Funding Agreement 18 Clean Air Act, 42 U.S.C., 7401. et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended, 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, Hood 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. 2012-2013 ESG Funding Agreement 19 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. IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF LUBBOCK Glene so Mayor ATTEST: cf'� ) �a-� r=' Re ecca Garza, City Secre ary ALCOHOLIC RECOVERY CENTER RAI Robert Peterson Director FED. I.D.#f oard Cha" APP VED AS TO CONTENT: Phyl Brown, Interim Community Development Director APPROVF;D AS TO FORM: Am*--SiffTs.--.2VssisUwfrCity A 2012-2013 ESG Funding Agreement 20