HomeMy WebLinkAboutResolution - 2000-R0358 - Contract - Interfaith Hospitality Network, Homeless Families Inc.- ESG - 10/12/2000Resolution No. 2000-RO358
October 12, 2000
Item No. 39
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, by and between the City of Lubbock and Interfaith Hospitality Network for
Homeless Families Inc. for the Operations program from the Emergency Shelter Grant
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 12th day of
Nancy flan
Community
APPROVED AS TO FORM:
my Sims, ist Attorney
ecdoesflnterfaithHospitalityNetwork. res
September 29, 2000
October , 2000.
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WINDY -' , i' .
Resolution No. 2000-RO358
October 12, 2000
Item No. 39
COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK AND LUBBOCK INTERFAITH HOSPITALITY NETWORK
FOR HOMELESS FAMILIES, INC.
STATE OF TEXAS
COUNTY OF LUBBOCK
This Agreement entered into on this 12th day of October 2000, by and between the CITY
OF LUBBOCK (herein called "City") and Lubbock Interfaith Hospitality Network, a non-profit
center (herein called "Grantee").
WHEREAS, the City is obligated to do and perform certain services in its undertaking of
an Emergency Shelter Grant Program pursuant to Subpart B of Title IV of the Stewart B.
McKinney Homeless Assistance Act (42 USC §§ 11371-11370; 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 Shelter Regulation for
Nonprofit Recipients; and
WHEREAS, the operation, essential services, renovation, major rehabilitation of facilities
for the homeless are fundable by the Department of Housing and Urban Development; and
WHEREAS, the accomplishment of the above public purpose is the predominant purpose
of this transaction, continuing supervision by the City together with statutory and contractual
requirements provide sufficient assurance that this purpose will be accomplished and an audit
provides sufficient protection of the handling of public money; and
WHEREAS, the City Council has found that the Grantee has the special expertise,
knowledge and experience necessary for the operation of a homeless shelter, 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 Lubbock Interfaith Hospitality Network for Homeless Famines, Inc. Day Center located at
1319 15"' Street , Lubbock, Texas, 79401;
NOW, THEREFORE, it is agreed between the parties hereto that:
2000-2001 ESG Funding Agreement
SCOPE OF SERVICE
A. Activities
The Grantee will be responsible for administering an Emergency Shelter Grant Year
Id
2000-2001 Operations Program in a manner satisfactory to the City and consistent with
any standards required as a condition of providing these fiends. Such program will
include the following activity eligible under the ESG Program.
Specifically the Grantee shall with the sum of Three thousand nine hundred ninty-five
dollars and zero cents ($3,995.00) pay for Operations (personnel, postage, telephone,
vehicle fuel/mileage, van insurance, and utilities) for the Day Center at 1319 15' Street,
Lubbock, Texas, 79401..
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 Shelter Grant program - as defined in 24 CFR §576.21.
C. City Responsibilities
City agrees to provide Grantee assistance from Department of Housing and
Urban Development fiends in an amount not to exceed $3,995.00 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.
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.
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.
2000-2001 ESG Fainding 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 ten-nination 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
Grantee shall conduct, in a satisfactory manner as determined by City, an
Emergency Shelter Grants Program pursuant to Subpart B of Title IV ofthe
Stewart B. McKinney Homeless Assistance Act (42 USC §§ 11371-1 137S),
hereinafter referred to as the Act.
2. Grantee shall perforin 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 shall submit to City such reports on the operation and perfornuznce of
this agreement as may be required by City.
4. In addition to the limitations on liability otherwise specified in this agreement,
it is expressly understood and agreed by the parties hereto that if Grantee fails
to submit to City in a timely and satisfactory manner any report required by
this agreement, City may, at its sole option and in its sole discretion, withhold
any or all payments otherwise due or requested by Grantee hereunder. If City
withholds such payments, it shall notify Grantee in writing of its decision and
the reasons therefor. Payments withheld pursuant to this paragraph may be
held by City until such time as the delinquent obligations for which funds are
withheld are fulfilled by Grantee.
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.
6. Grantee shall submit to City for review all work specifications prior to the
beginning of the procurement process.
2000-2001 ESG Funding Agreement
Grantee shall notify City upon work completion for inspection prior to release
of funds.
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.
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
In addition to the normal administrative services required as part of this Agreement, the
Grantee agrees to provide the following levels of program services:
Activity Units Per Month* Total Llnits/Year
Day Center operation 2.5/units 30/units
*Residential and Non -Residential Individuals served.
G. Staffin
Ione Heartsill Executive Director
H. Performance Monitoring
The City will monitor the performance of the Grantee for compliance with goals and
requirements as required herein once annually or as it deems necessary in accordance
2000-2001 ESG Funding Agreement
with the regulations. Substandard performance as determined by the City will constittitc
non-comphance with this Agreement. Ifaction 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.
II. TIME OF PERFORMANCE
This Agreement shall commence October 1, 2000, and shall terminate September 30,
2001. 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 fiends or
other assets, including program income.
III. BUDGET
Line Item: $ Amount:
Essential Services
Personnel $1,675.00
Operations:
Postage 230.00
Telephone 600.00
Vehicle Fuel/Mileage 560.00
Van Insurance 500.00
Utilities 430.00
Total $3,995.00
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.
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee
under this contract shall not exceed $3,995.00. Drawdowns for the payment of eligible
expenses shall be made against the line item budgets specified in Paragraph III herein and
2000-2001 ESG Funding Agreement
U
V1.
VII
in accordance with performance. Grantee shall submit to City invoices for items
purchased. City shall determined the reasonableness of each purchase and shall not make
disbursement of any such payment until City has reviewed and approved each purchase.
Payments may be contingent upon certification of the Grantee's financial management
system in accordance with the standards specified in OMB Circular A -I 10.
NOTICES
Communication and details concerning this Agreement shall be directed to the following
contract representatives:
A
Todd Steelman
City of Lubbock
P. O. Box 2000
Lubbock, TX 79457
SPECIAL CONDITIONS
Use as an Emergency Shelter
rantee
lone Heartsill
LBK Interfaith Hospitality Network
1319 15th
Lubbock, TX 79401
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 Shelter Grant assistance (i.e. battered spouses) or persons in the same
geographic area.
GENERAL CONDITIONS
A. Gen ral Compliance
Grantee agrees to comply with all applicable federal, state and local laws, regulations and
policies governing the funds provided under this Agreement which were made available
under City's Emergency Shelter Grant program. Grantee further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
B. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
Grantee shall at all times remain an "independent contractor" with respect to the services
to be performed under this Agreement. City shall be exempt from payment of all
2000-2001 ESG Funding Agreement
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, or the omission of the activities contemplated hereunder,
including, but not imited 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 clatnl, and to pay or discharge the frill amount or
obligation of any such claim incurred by, accreting to, or imposed on the City, or the
City's respective officers, employees, elected officials and/or agents, as applicable,
resulting from any such suits, claims, and/or administrative proceedings or any matters
resulting from the settlement or resolution of said suits, claims and/or administrative
proceedings, in addition, 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, 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 any part
of this agreement.
The indemnity and release provided herein shall survive the termination or
voidance of this agreement.
D. Worker's Compensation
Grantee shall provide Worker's Compensation Insurance coverage for all of its employees
involved in the performance of this contract.
E. Insurance and Bonding
2000-2001 ESG Funding Agreement
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 OMB Circular A-
1 10, Bonding and Insurance.
F. Grantor Recognition
Grantee shall insure recognition of the role of City's Emergency Shelter Grant program in
providing funding through this Agreement. All activities, facilities and items utilised
pursuant to this Agreement shall be prominently labeled as to funding source. ]n
addition, Grantee will include a reference to the support provided herein in all
publications made possible with funds made available tinder this Agreement.
G. Amendments
City or Grantee may amend this Agreement at any time, provided that such amendments
make specific reference to this Agreement, and are executcd 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.
H. 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 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
2000-2001 ESG Funding Agreement
8
noncompliance with any applicable rules or re�ulations, City may withhold up to tI teen
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 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.
1. Relocation and Acquisition
Grantee agrees to abide by the provisions relocation and assistance as set forth in 24 CFR
§576.59 when applicable.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
Accounting Standards
Grantee agrees to comply with Attachment F of OMB Circular A-110 and agrees
to adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all
costs incurred.
2. Cost Principles
Grantee shall administer its program in conformance with OMB Circulars A-122,
"Cost Principles for Non -Profit Organizations" for all costs incurred whether
charged on a direct or indirect basis. The grantee shall also comply with the
applicable sections of 24 CFR Port 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;
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;
2000-2001 ESG Funding Agreement
9
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with ESG
assistance;
C. Records documenting compliance with the fair housing and equal
opportunity components of the ESG program;
f. Financial records as required by 24 CFR Part 576 Subpart G and
OMB Circular A -i 10.
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 f -or three (3) years after
he/she has received final payment. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the
records cited and that have started before the expiration of the three-year period,
then such records must be retained until completion of the actions and resolution
of all issues, or the expiration of the three-year period, whichever occurs later.
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).
Property Records
Grantee shall maintain real property inventory records which clearly identify
properties purchased, improved or sold.
6. Close -Outs
2000-2001 ESG Funding Agreement
10
Grantee's obligation to the City shall not end until all close-ottt requirements are
completed. Activities during this close-out period shall include but are not
limited to: making final payments, disposing of program assets (including the
return of all unused materials, equipment, unspent cash advances, program
income balances, and accounts receivable to the Grantee), final close-out report
and determining the custodianship of records.
7. Audits and Inspections
All Grantee records with respect to any matters covered by this Agreement shall
be made available to City, their designees or the Federal Government, at any time
during normal business hours, as often as City deems necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies
noted in audit reports must be fully cleared by Grantee within thirty (30) days
after receipt by the Grantee. Failure to comply with the above audit requirements
will constitute a violation of this Agreement and may result in the withholding of
future payments. Grantee shall hereby agrees to have an annual agency audit
conducted in accordance with current City policy concerning Grantee audits and,
as applicable, OMB Circular A-133, as set forth in 24 CFR Part 45.
C. Reporting and Payment Procedures
Prue ram Income
Grantee shall report quarterly all program income generated by activities carried
out with ESG funds made available under this contract. By way of further
limitations, the Grantee may use such income during the contract period for
activities permitted under this contract and shall reduce requests for additional
funds by the amount of any such program income balances on hand. All unused
program income shall be returned to the City at the end of the contract period.
Any interest earned on cash advances from the U.S. Treasury is not program
income and shall be remitted promptly to the City.
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
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,
2000-2001 ESG Funding Agreement
ll
payments will be made fior eligible expenses actually incun-ed 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. Pertormance Reports
Grantee shall submit to City a monthly Performance Report in a format prescribed
by City and shall include the amount of funds obligated and expended for each of
the eligible activity described in 24 CFR 5576.21.
The initial monthly Performance Report is required by the 20th of November.
Grantee shall continue to submit this report monthly no later than the 20th of each
month thereafter until all Emergency Shelter Grant amounts are reported and
expended.
D. Procurement
3. Travel
1. Compliance
Grantee shall comply with current City policy concerning the purchase of
equipment and shall maintain inventory records of all non -expendable personal
property as defined by such policy as may be procured with funds provided
herein. All program assets purchased with CDBG funds (unexpended program
income, property, equipment, etc.) shall revert to the City upon termination of this
contract.
OMB Standards
Grantee shall procure all materials, property, or services in accordance with the
requirements of OMB Circular A-110, Procurement Standards, and shall
subsequently follow the Property Management Standards, covering utilization and
disposal or property.
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
2040-2001 ESG Funding Agreement
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Grantee agrees to comply and to require all subcontractors to comply with Title
VI of the Civil Rights Act of 1964 as amended, Title V11I 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 ofthe Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of' 1975.
Executive Order 11063, and with Executive Order It 246 as amended by
Executive Orders 11375 and 12086 and the regulations issued under the Order at
41 CFR Chapter 6.
Nondiscri►ninationn
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.
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.
B. Affirmative Action
Plan
Grantee agrees that is shall be committed to carry out an Affirmative Action
Program in keeping with the principles as described in President's Executive
Order 11246 of September 24, 1996.
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 -ane (5 1) percent owned and controlled
by minority group members or women. For the purpose of this definition,
2000-2001 ESG Funding Agreement
13
"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.
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. Noti Fcation
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.
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.
Subcontractors
Grantee will include the provisions of Paragraph IX A, Civil Rights, and 13,
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 Activity
Grantee is prohibited from using funds provided herein or personnel employed in
the administration of the program for: political activities; sectarian or religious
1.7
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 provisions of
2000-2001 ESG Funding Agreement
14
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; tills 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 51701, 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, l2
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
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.
2000-2001 ESG Funding Agreement
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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 fallow -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
competition basis. Executed copies of all subcontracts shall be Iorwarded
to the Grantee along with documentation concerning the selection process.
C. . uspensionf Disbarment
The Grantee shall not enter any subcontracts with an agency, business or
individual that has been suspended or disbarred by the Department of
Housing and Urban Development.
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
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
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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:
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 intluence 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 slaking of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract grant, loan or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, it will
complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions;
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, sub -rants, 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 S 10,000 and not more than S 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 Organi ation
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Grantee agrees that funds provided under this contract will not be utilized for
religiotts activities, to promote religions 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 infonration,
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 identi fled 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. Asbestns
Grantee agrees to comply with the Texas Asbestos Heaith 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 PrQservation
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
2000-2001 ESG Funding Agreement
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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.
I« 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 frill
force and effect.
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written
above.
CITY OF LUBBOCK
F?Rl
IMT
R
MAYOR
LUBBOCK INTERFAITH HOSPITALITY
NETWORK FOR HOMELESS FAMILIES
[ONE HEARTSILL
AUTHORIZED REPRESENTATIVE
A EST FED. I.D.#
A�athi am&l, CitySecretary
APPROVED AS TO CONTENT:
ancy Haney, Vbmmunity Development Manager
,•••• :W. • i
z-7 f
G
Amy Sims, As,�isthnt-City Attorney
i
2000-2001 ESG Funding Agreement
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