HomeMy WebLinkAboutResolution - 2020-R0255 - Community Development Funding Agreement 15412, Catholic CharitiesResolution No. 2020-RO255
Item No. 7.9
August 11, 2020
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Community Development Funding Agreement 15412,
and all related documents, between the City of Lubbock and the Catholic Charities,
Diocese of Lubbock for the Community Services Block Grant (CSBG) and Coronavirus
Aid, Relief and Economic Security (CARES Act) ("CSBG-CV") to assist low income
households affected by COVID-19 with Rental Assistance. Said Contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on August 11, 2020
DANIEL M. POPE, MAYOR
ATTEST:
QdAt,-4- -.'
Rebec arza, City Secret, -
APPROVED AS TO CONTENT:
Kluv' Ic 0
Karen Murfee, Community Dev pment irector
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
ccdocs/RES CBDG Contract 15412 Catholic Charities 2020 CARES ACT
07 27 20
Resolution No. 2020-RO255
COMMUNITY SERVICES BLOCK GRANT (CSBG) AGREEMENT
CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (CARES ACT)
BETWEEN
CITY OF LUBBOCK
AND
CATHOLIC CHARITIES, DIOCESE OF LUBBOCK
This Community Services Block Grant Agreement and CARES Act ("CSBG-CV") (the
"Agreement"), Contract No. 15412, is made by and between the City of Lubbock, a State of
Texas home rule municipal corporation (the "City") and Catholic Charities, Diocese of
Lubbock., a State of Texas non-profit enter (the "Contractor"), (each a "Party," and collectively
the "Parties") acting by and through the Parties' representative officers and officials, and is
hereby entered into by the Parties on this 11 th day of August , 2020 (the "Effective Date").
RECITALS
WHEREAS, the City is obligated to do and perform certain services in its administration of the
Community Services Block Grant for Coronavirus Aid, Relief and Economic Security Act (the
"CSBG-CV"); and
WHEREAS, the Contractor operates a non-profit center offering services to low-income
individuals in Lubbock County, Texas (the "Services"); and
WHEREAS, the City finds that the Services benefit citizens of Lubbock County and constitute a
valuable public service; and
WHEREAS, the City finds that the Services are the predominate purpose of this Agreement; and
WHEREAS, the Contractor and the Services have been found to meet the criteria for funding
under a request for proposals issued by the City; and
WHEREAS, the continuing supervision by the City and State together with statutory and
contractual requirements provide sufficient assurance that the public purpose is accomplished
and an audit provides sufficient protection of the handling of public money; and
WHEREAS, the City finds that the Contractor has the special expertise, knowledge, and
experience necessary for the performance of this Agreement and that the City will receive
adequate consideration in the form of substantial public benefit; and
WHEREAS, the City desires to enter into this Agreement with the Contractor to provide
services to make available Rental Assistance (the "Program") for low-income residents of
Lubbock County; and NOW, THEREFORE,
THE PARTIES, FOR GOOD AND VALUABLE CONSIDERATION, AGREE AS FOLLOWS:
CSBG Agreement City of Lubbock & Catholic Charities 2020 PNge 1
AGREEMENT
Article 1. SCOPE OF SERVICE
A. The City's Responsibilities
1. The City agrees to award the Contractor funding from the CSBG-CV grant in an amount
not to exceed four hundred forty-eight thousand dollars ($448,000) in return for
Contractor performing the Services of the Program (the "Funding").
2. The City's awarding of the Funding under this Agreement is contingent upon the City's
receipt of adequate funds to meet the City's liabilities under this Agreement. If adequate
funds are not made available to the City so that it cannot award the Funding, then the City
shall notify the Contractor in writing within a reasonable time after such fact is
determined, the City shall terminate this Agreement, and the City will not be directly or
indirectly liable for failure to award the Funding to the Contractor under this Agreement.
3. The Funding 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. Any CSBG-CV funds applicable to this Agreement shall be
disbursed in the amount and at the time such funds are disbursed to the City by the State
of Texas.
4. The City shall not be liable for any costs incurred by the Contractor which are not
allowable costs as set forth in this Agreement.
5. The City shall not be liable to the Contractor for any costs incurred by the Contractor or
for any performances rendered by the Contractor which are not strictly in accordance
with the terms of this Agreement.
6. The City shall not be liable to the Contractor for any costs incurred by the Contractor or
for any performances rendered by the Contractor, which are not strictly in accordance
with the terms of this Agreement.
7. The City shall not be liable to the Contractor for any costs incurred by the Contractor in
the performance of this Agreement, which have not been billed to the City by the
Contractor within sixty (60) days following the termination of this Agreement.
8. The City shall not be liable for any costs incurred or performances rendered by the
Contractor before the commencement or after termination of this Agreement.
9. The Funding will be limited to the following:
a. For the sole purpose of the Contractor's Services for the Program;
b. For the satisfaction of expenses incurred by the Contractor in its provision of Services
for the Program; and
c. For the benefit of lower -income families that reside in Lubbock County, Texas, and
whose gross household income does not exceed two hundred percent (200%) of the
most recent Poverty Income Guidelines issued by the U.S. Department of Health and
Human Services.
2020 CS$C-CV Agreement — City of Lubbock & Catholic Charities Page 2
B. Contractor's Responsibilities
I. The Contractor agrees to the Funding solely for the purpose of the Program as it is
performed at Catholic Charities, Diocese of Lubbock, 102 Avenue J, Lubbock, Texas
79401.
2. The Contractor agrees to comply with all applicable uniform administrative requirements
as described in the Catholic Charities Policy Manual; all generally accepted
administrative requirements for the Texas State Government located at 1TAC5.141, et
seq.; and, all federal administrative requirements located at 45CFR Part 96.
3. The Contractor agrees to carry out the Services contemplated under this Agreement in
compliance with all State and Local laws and regulations.
4. The Contractor shall retain in its clients' files only those documents that are required to
validate its clients' eligibility for the Program. Such documents may include forms of
documentation of disability such as Social Security or a Supplemental Security Income
statement. The Contractor shall not include documentation from a medical professional,
such as a doctor's letter, in its clients' files.
Article 2. TIME OF PERFORMANCE
This Agreement shall commence March 27, 2020 and, unless earlier terminated shall end July
30, 2021 (the "Term"), unless extended by written agreement. The funds are received from the
Texas Department of Housing and Community Affairs (the "TDHCA", and providing that the
Contractor meets its obligations during the Term, subject to the approval of the City Council of
the City.
Article 3. BUDGET
The Contractor will use the CSBG-CV funds awarded under this Agreement to administer the
Program in the following manner:
Contractual Program Costs $348,000
Administration/Personnel $100,000
Total CSBG-CV funds awarded under this Agreement $448,000
Article 4. PAYMENT
The City will pay up to four hundred forty-eight thousand dollars ($448,000) to the Contractor
based upon the receipt of a request for funds and project expense summary for the Contractor's
Services under the Project. The Contractor shall submit to the City invoices for items purchased
in the Contractor's performance of the Services under the Project. The City shall determine the
reasonableness of each purchase and shall not make a disbursement of any such payment until
the City has reviewed and approved each purchase. The City may release up to ten percent (10%)
of the funds to be used as start-up funding for the Contractor's Services under the Project. The
Contractor will then bill the City monthly for expenses incurred by the Contractor during the
prior month of Services performed under the Project. By December 31, 2021, the Contractor will
have provided the City with the proper documentation to show how all funds were expended by
the Contractor in its performance of Services under the Program, including the start-up costs.
2020 CSBC-CV Agreement - City of Lubbock & Catholic Charities Page 3
Article 5. NOTICES
All communication required under this Agreement shall be directed to the following Party
representatives:
For the City
Karen Murfee
City of Lubbock
P. O. Box 2000
Lubbock, TX 79457
Article 6. SPECIAL CONDITIONS
For the Contractor:
Cynthia Quintanilla
Catholic Charities, Diocese of Lubbock
102 Avenue J
Lubbock, TX 79401
A. The Contractor will maintain adequate case management files on each client it assists,
whether the case management is funded through the Funding or not, and whether the case
management is provided by the Contractor or not.
B. The Contractor will keep adequate documentation of the design of the Program, the
implementation of the Program, and evaluation of Program design.
C. The Contractor will keep documentation of its efforts to leverage CSBG-CV funds with other
programs to enhance the Services provided to its clients.
D. The Contractor will keep documentation of its efforts to cooperate and collaborate with other
service providers.
Article 7. GENERAL CONDITIONS
A. General Compliance
1. Contractor agrees to comply with all applicable Federal, State, and local laws and
regulations governing the Funding provided under this Agreement which were made
available under the City's and CSBG-CV.
2. The Contractor shall administer the Community Service Block Grant Program for
Coronavirus Aid, Relief and Economic Security Act.
3. ("CSBG") in accordance with the provisions of Chapter 106 of the Community Services
Block Grant Act (42 U.S.C. §9901 et seq.) as amended by the "Community Services
Block Grant Amendments of 1994" (Public Law 103-252) and the Coats Human Services
Reauthorization Act of 1998 (Public Law 105-285) ("CSBG Act"); and Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136) ("CARES Act"); Chapters
2105 and 2306 of the Texas Government Code ("State Act"); the implementing state
regulations under Title 10, Part 1, Chapter 1, Chapter 2, and Chapter 6, Subchapters A
and B of the Texas Administrative Code, as amended or supplemented from time to time
("CSBG State Rules").
B. 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 Agreement.
2020 CSBG-CV Agreement - City of Lubbock & Catholic Charities Page 4
C. Right to Exercise
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall
control.
D. 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 and employee between the Parties. The
Contractor shall at all times remain an independent contractor with respect to the services to be
performed under this Agreement. The City shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life, medical insurance, and Worker's Compensation insurance
as the Contractor is an independent contractor.
E. Indemnity and Release
1. The Contractor shall indemnify and hold harmless, to the fullest extent permitted by law,
the City, and the City's respective officers, employees, elected officials, and agents, from
and against any and all losses, damages, claims, or liabilities, of any kind or nature,
which arise directly or indirectly, or are related 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 or the negligence or fault of the City, its respective officers, employees,
elected officials, or agents. The Contractor further covenants and agrees to defend any
suits or administrative proceedings brought against the City or the City's respective
officers, employees, elected officials, 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, or
agents, as applicable, resulting from such suits, claims, or administrative proceedings or
any matter resulting from the settlement or resolution of said suits, claims, or
administrative proceedings. Additionally, the Contractor shall pay to the City, all
attorney's fees incurred by the Parties in enforcing the Contractor's indemnity in this
section.
2. The City, and its respective officers, employees, elected officials, and agents shall not be
liable, and the Contractor hereby releases the City, and its respective officers, employees,
elected officials, and agents, for, from, and against any losses, damages, claims, or
liabilities to the Contractor, 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, or form, the unenforceability or voidance, for any reason, of all or part
of this Agreement.
3. This indemnity and release shall survive the termination of this Agreement.
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F. Worker's Compensation
The Contractor shall provide Worker's Compensation insurance coverage or other approved
coverage for all employees involved in the performance of this Agreement.
G. Insurance and Bonding
Throughout the Term, the Contractor shall maintain liability insurance in the following minimum
amounts:
Type oflnsurance Minimum Liability
Commercial General Liability $1,000,000 Limit
Property Damage Liability $100,000 Each Occurrence
H. City Recognition
The Contractor shall insure the recognition of the role of the City's CSBG-CV in providing
funding through this Agreement. All activities, facilities, and items utilized pursuant to this
Agreement shall be prominently labeled as to a funding source. In addition, the Contractor will
include a reference to the support provided herein in all publications made possible with funds
made available under this Agreement.
I. Amendments
1. The City or the Contractor may amend this Agreement at any time, provided that such
amendment makes specific reference to this Agreement, is executed in writing, signed by
a duly -authorized representative of both Parties, and approved by the City. Any such
amendment shall not invalidate this Agreement, and shall neither relieve nor release the
City or the Contractor from its obligations under this Agreement.
2. The City may, in its sole discretion, amend this Agreement to conform with federal, state,
or local governmental guidelines, policies, and available funding amounts, or for other
reasons. If any such amendment results in a change to the Funding, the scope of services,
or the activities to be undertaken as part of this Agreement, then such amendment will be
incorporated into this Agreement only by written amendment signed by both the City and
the Contractor.
J. Suspension or Termination
1. Either Party may terminate this Agreement at any time by giving written notice to the
other Party of such termination, and by specifying the effective date thereof, at least thirty
(30) days before the effective date of such termination. Partial termination of any portion
of this Agreement may only be undertaken with the prior approval of the City. In the
event of any termination of this Agreement for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports, or other materials
prepared by the Contractor under this Agreement shall, at the option of City, become the
property of the City, and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents or materials prior
to the termination.
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2. The City may also suspend or terminate this Agreement, in whole or in part, if the
Contractor materially fails to comply with any term of this Agreement, or with any of the
rules, regulations, or provisions referred to herein. In such a circumstance, the City may
declare the Contractor ineligible for any further participation in future City contracts, in
addition to other remedies as provided by law. In the event there is probable cause to
believe the Contractor is in noncompliance with any applicable rules or regulations, the
City may withhold up to fifteen percent (15%) of the Funding until such time as the
Contractor is found to be in compliance by the City or is otherwise adjudicated to be in
compliance.
3. 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 verbal
notice to the Contractor. Any expenditure incurred prior to receiving such notice will be
reimbursed; however, in no event shall the City pay for any expenses incurred after such
notice of termination is given by the City.
K. Prevention of Waste, Fraud, and Abuse
1. The Contractor shall establish, maintain, and utilize systems and procedures to prevent,
detect, and correct waste, fraud, and abuse in activities funded under this Agreement. The
systems and procedures shall address possible waste, fraud, and abuse by the Contractor,
its employees, recipients, vendors, and administrating agencies. The 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 the City.
2. The Contractor shall give the City complete access to all of its records, employees, and
agents for the purposes of any investigation of the funded programs. The Contractor shall
immediately notify the City of any discovery of waste, fraud, or abuse. The Contractor
shall fully cooperate with the City's efforts to detect, investigate, and prevent waste,
fraud, and abuse in the Program.
3. The Contractor may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or of any law or regulation to the City or to any
appropriate law enforcement authority, if the report is made in good faith.
L. Legal Remedies
In any instance where the Contractor violates or breaches this Agreement, the City may apply
administrative, contractual, or legal remedies. The City may suspend all activities under this
Agreement temporarily pending either corrective action by the Contractor or a decision by the
City to terminate this Agreement.
M. Legal Authority
1. The Contractor represents that it possesses the practical ability and legal authority to
enter into this Agreement, receive and manage funds authorized by this Agreement, and
to perform the services the Contractor has obligated itself to perform under this
Agreement.
2020 CSSG-CV Agreement - City of Lubbock & Catholic Charities PWgr 7
2. The Contractor's signatory hereby warrants that he/she has been authorized by the
Contractor to execute this Agreement on behalf of the Contractor and to bind the
Contractor to this Agreement.
Article 8. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards: The 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: Except as expressly modified by law or the terms of this Agreement, the
Contractor shall comply with the cost principles and uniform administrative requirements
set forth in the state Uniform Grant Management Standards ("UGMS"), 34 TAC §20.421
in effect on the effective date of this Agreement except as preempted by Cost Principles of
Subpart E of 2 CFR Part 200 which apply to Subrecipients of Community Services Block
Grant funds pursuant to 42 U.S.C. §9916(a)(1)(B).
B. Documentation and Record -Keeping
1. Record Keeping Requirements: The Contractor shall maintain fiscal and programmatic
records and supporting documentation for all expenditures made under this Agreement in
accordance with the UGMS and Section III, Common rule: State Uniform Administrative
Requirements for Grants and Cooperative Agreements, Subpart C: Post Award
Requirements, 18.42. Contractor agrees to comply with any changes to the UGMS
recordkeeping requirements. For purposes of compliance, all associated documentation
must be readily available, whether stored electronically or hard copy to justify
compliance with program rules and regulations. For purposes of compliance, all
associated documentation must be readily available, whether stored electronically or hard
copy to justify compliance with program rules and regulations.
2. Open Records: The Contractor acknowledges that all information collected, assembled,
or maintained by the Contractor pertaining to this Agreement is subject to the Texas
Public Information Act, Chapter 552 of Texas Government Code and must provide
citizens, public agencies, and other interested parties with reasonable access to all records
pertaining to the Agreement subject to the Texas Public Information Act.
3. The Contractor shall give the U.S. Department of Health and Human Services ("HHS"),
the U.S. General Accounting Office, the Texas Comptroller, the State Auditor's Office,
and the City, or any of their duly authorized representatives, access to and the right to
examine and copy, on or off the premises of the Contractor, all records pertaining to this
Agreement. Such right to access shall continue as long as the records are retained by the
Contractor. The Contractor agrees to maintain such records in an accessible location for
the greater of (a) four (4) years; (b) if notified by the City in writing, the date that the
final audit is accepted with all audit issues resolved to the City's satisfaction; (c) if any
litigation claim, negotiation, inspection, or other action has started before the expiration
of the required retention period records must be retained until completion of the action
and resolution of all issues which arise under it; or (d) a date consistent with any other
2020 CSBG-CV Agreement City of Lubbock & Catholic Charities Page 8
period required by federal or state law or regulation. The Contractor agrees to cooperate
with any examination conducted under this Agreement. Upon the termination of this
Agreement, all of the Contractor's records shall become property of the City.
C. Federal and State Waivers and Alternative Requirements
1. Notwithstanding the language in 10 TAC §6.3(b)(33)(C), CSBG-CV funds maybe
used to serve Low -Income Households not to exceed 200% at the Federal Poverty
Income Guidelines.
2. In accordance with CSBG-CV Information Memorandum 4154, the Department will
allow signed statements from households attesting to having been economically
impacted by COVID-19 (i.e. disaster unemployment, lost wages, or increased
household costs) during the eligibility screening process from April 24, 2020, until
30 days after the expiration of the state disaster declaration.
3. Extension of Waivers. If as a result of COVID-19, HHS or the Department extends
the time period for the above mentioned COVID-19 related waivers and Department
Waivers and there are no substantive changes associated with said extension, the
Department may allow use of the waivers for the extended time period without the
requirement of a written amendment hereto. In such an event, however, Subrecipient
should retain any written correspondence from the Department regarding said
extension of the COVID-19 related waivers.
D. Retention
The Contractor shall retain all records pertinent to expenditures incurred under this Agreement
for a period of five (5) years after the termination of all activities funded under this Agreement,
or after the resolution of all State audit findings, whichever occurs later.
E. Client Data
The 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, ethnicity, age, education -
level, and household size. Such information shall be made available to the City for review by the
tenth (i Oth) day of every month.
F. CARES Act Funds
Contractor shall track, account for, and report on this funding separate from its regular FY 2020
CSBG-CV funding.
G. Audits and Inspections
All Contractor records with respect to any matters covered by this Agreement 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.
2020 CSBGCV Agreement - City of Lubbock & Catholic Charities Ngt: 9
Failure to comply with the above audit requirements will constitute a violation of this Agreement
and may result in the withholding of future payments.
H. Operation and Financial Reports
1. Financial Record Reports: The Contractor agrees to submit to the City.invoices for the
services and approved costs of the Program by the tenth (10th) day of each month.
2. Operation Reports: The Contractor agrees to submit to the City a monthly activity report
in accordance with instructions provided by the State.
Article 9. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. The 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.
2. No person shall on the ground of race, color, religion, sex, national origin, age, disability,
political affiliation or belief be excluded from participation in, be denied the benefits of,
be subjected to discrimination under, or be denied employment in the administration of or
in connection with any program or activity funded in whole or in part with funds made
available under this Agreement.
B. Conduct
1. Prohibit Political Activity and Lobbying.
The Contractor hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, 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 this certification be included in the award
documents for all subawards at all tiers (including any subcontracts, subgrants, and
2020 CSBG-CV Agreement City of Lubbock & Catholic Charities page 10
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly:
"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 its 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"
d. No funds provided under this Agreement may be used directly or indirectly to hire
employees or in any other way fund 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; and
e. None of the funds provided under this Agreement shall be paid to any official or
employee who violates any of the provisions of this section.
2. Conflict oLInterest, and Nepotism.
a. The 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 Agreement. The
Contractor further covenants that in the performance of this Agreement no person
having such interest shall be employed or appointed by the Contactor.
b. 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.
c. The Contractor's employees, officers, and agents shall neither solicit nor accept
gratuities, favors, or anything of monetary value from subcontractors, or potential
subcontractors.
C. Air & Water
The Contractor agrees to comply with the following requirements insofar as they apply to the
performance of this Agreement: 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.
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D. Chapter 2270, Subtitle F, Title 10, Texas Government Code
The Contractor warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the
Texas Government Code by verifying that it does not boycott Israel, and that it will not boycott
Israel during the term of this Agreement.
IN WITNESS HEREOF, THE PARTIES HAVE EXECUTED AND ENTER INTO THIS
AGREEMENT ON THE EFFECTIVE DATE
[Signature Page to Follow]
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SIGNATURES
THE CITY OF LUBBOCK:
1111� - --
DANIEL M. POPE, MAYOR
ATTEST:
�Q Ak!ec, L:
Rebec araa, City Secrets
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APPROVED AS TO CONTENT:
Karen Murfee, Community Devel ment Director
APPROVED AS TO FORM:
& I
KeIg Leisure, Assistant City Attorney
CATHOLIC CHARITIES, DIOCESE OF
LUBBOCK
thia Quintanilla (Signature)
Cyn hia Quintanilla (Printed)
FED.Z.D.#75-1966688
2020 CSBG-CV Agreement— Cityof Lubbock& Catholic Charities Page 12