HomeMy WebLinkAboutResolution - 2017-R0067 - Family Promise Of Lubbock - 02/09/2017Resolution No. 2017-R0067
Item No. 5.40
February 9, 2017
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 Contract 12964, and all
related documents, between the City of Lubbock and Family Promise of Lubbock., Inc., for
emergency shelter and rapid re -housing services. 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 February 9, 2017
DANIEL M. POPE, MAYOR
ATTEST:
Reb cca Garza, City Secretlt�
APPROVED AS TO CONTENT:
� G►r,�fr� _ _
Bill Ho - on, Assistant City ager
APPROVED AS TO FORM:
Justin r itt, A istant City Attorney
ccdocs/RES. Contract 12964 - Community Development & Family Promise of Lubbock, Inc - Emergency Shelter Services
November 22, 2016
Resolution No. 2017-R0067
COMMUNITY DEVELOPMENT EMERGENCY SOLUTIONS GRANT (ESG)
FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
FAMILY PROMISE OF LUBBOCK, INC.
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement entered into on this 1" day of October 2016, by and between the CITY OF
LUBBOCK (herein called "City") and Family Promise of Lubbock, Inc., a non-profit center
(herein called "Grantee").
WHEREAS, the City is obligated to do and perform certain services in its undertaking of an
Emergency Solutions Grant Program pursuant to Subpart B of Title IV of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11371-11378), as amended by the Homeless
Emergency and Rapid Transition to Housing Act of 2009 (Public Law 111-22) (HEARTH Act)
and
WHEREAS, the Grantee operates a non-profit center offering services to the homeless; and
WHEREAS, the Corporation and the services it provides have been found to meet the criteria for
funding under provisions 24 CFR §576.23 of the Emergency Solutions Regulation for Nonprofit
Recipients; and
WHEREAS, the Emergency Shelter, Rapid Re -housing and Homeless Management Information
System are fundable by the Department of Housing and Urban Development; and
WHEREAS, the accomplishment of the above public purpose is the predominant purpose of this
transaction, continuing supervision by the City together with statutory and contractual
requirements provide sufficient assurance that this purpose will be accomplished and an audit
provides sufficient protection of the handling of public money; and
WHEREAS, the City Council has found that the Grantee has the special expertise, knowledge
and experience necessary for the Emergency Shelter program and that the city will receive
adequate consideration in the form of substantial public benefit; and
WHEREAS, the City desires to contract with the Grantee, to make available assistance for both
the Family Promise Emergency Shelter Operations and Rapid Re -Housing Programs
NOW, THEREFORE, it is agreed between the parties hereto that:
2016-2017 ESG Funding Agreement
Page 1
SCOPE OF SERVICE
A. Activities
The Grantee will be responsible for administering an Emergency Solutions Grant
Year 2016-2017 Emergency Shelter Operations and Rapid Re -housing Program in
a manner satisfactory to the City and consistent with any standards required as a
condition of providing these funds. Such program will include the activities
eligible under the Emergency Solutions Grant Program.
Program Delivery
Activity #1 - This project will provide funds to operate the day shelter located at
1319 15th Street and to re -house homeless individuals and families.
Activity #2 - Specifically under operations component it will assist with the
facility's utilities, telephone bill and vehicle fuel, maintenance and insurance.
Activity #3 - Under the rapid re -housing component it will assist with direct
assistance to clients including rent, utilities, security and utility deposits, last
month's rent, legal services and credit repair.
The facility will serve approximately 56 individuals who are homeless.
B. Objective
The Grantee certifies that the activities carried out with funds provided under this
Agreement will meet the suitable living environment objective by providing
eligible activities that benefit communities, families or individuals by addressing
issues in their living environment under the Emergency Solutions Grant program -
as defined in 24 CFR §576.21 as amended by the HEARTH Act.
C. City Responsibilities
1. City agrees to provide Grantee assistance from U.S. Department of Housing
and Urban Development funds in an amount not to exceed $17,000 for
Operations and $20,000 for Rapid Re -Housing in return for Grantee
performing the activities set forth in this Agreement as consideration for said
funds.
2. It is expressly understood and agreed by the parties hereto that City's
responsibilities are contingent upon the actual receipt of adequate federal funds
to meet City's liabilities under this agreement. If adequate funds are not
available to make payments under this agreement, City shall notify Grantee in
writing within a reasonable time after such fact is determined. City shall
terminate this agreement and will not be liable for failure to make payments to
Grantee under this agreement.
2016-2017 ESG Funding Agreement
Page 2
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.
6. City shall not be liable to Grantee for any costs incurred by Grantee in the
performance of this agreement which have not been billed to City by Grantee
within ninety (90) days following termination of this agreement.
7. City shall not be liable for costs incurred or performances rendered by Grantee
before commencement of this agreement or after termination of this agreement.
8. City shall review all work specifications prior to the beginning of the
procurement process.
9. City shall inspect work for compliance prior to any release of funds.
D. Grantee's Responsibilities
1. Grantee shall conduct, in a satisfactory manner as determined by City, an
Emergency Solutions Grants Program pursuant to Subpart B of Title IV of the
Stewart B. McKinney Homeless Assistance Act (42 USC §§11371-11378), as
amended by the HEARTH Act.
2. Grantee shall perform all activities in accordance with their budget, all
applicable Federal, state, and local laws, ordinances, statutes, rules, and
regulations set forth herein; the assurance, certifications, and all other terms,
provisions, and requirements set forth in this agreement.
3. Grantee agrees to comply with Housing and Urban Development (HUD)
Outcome Performance Measurement requirements and reporting.
4. Grantee shall submit to city such reports on the operation and performance of
this agreement during their program activity timeframe, as required by the City.
5. In addition to the limitations on liability otherwise specified in this agreement,
it is expressly understood and agreed by the parties hereto that if Grantee fails
to submit to City in a timely and satisfactory manner any report required by this
agreement, City may, at its sole option and in its sole discretion, withhold any
or all payments otherwise due or requested by Grantee hereunder. If City
2016-2017 ESG Funding Agreement
Page 3
withholds such payments, it shall notify Grantee in writing of its decision and
the reasons therefore. 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.
7. Grantee shall submit to City for review all work specifications prior to the
beginning of the procurement process. Grantee shall notify City upon work
completion for inspection prior to release of funds.
8. Grantee will verify and certify eligibility when the activity is a Low -mod
Clientele program by signing and dating the Self Certification form.
E. Grantee's Match
1. Grantee agrees to provide as match an amount of funds equal to the amount of
funds provided by City under this agreement for performances hereunder.
Such funds must be provided from sources other than under this agreement.
This amount shall be referred to hereinafter as Grantee's match. Match is
subject to review and approval by the City of Lubbock.
2. Amounts may be counted toward Grantee's match only if such amounts are
costs or resources of a type and amount as computed in accordance with this
subsection and as set forth in 42 USC §11375. In calculating the amount of
grantee's match, grantee may include the value of any donated material or
building; the value of any lease on a building; any salary paid to staff of
Grantee in carrying out the activities required under this agreement; and the
time and services contributed by volunteers to carry out such activities,
determined at the rate as determined by HUD and approved by the City.
Grantee shall determine the value of any donated material or building, or any
lease using any method reasonably calculated to establish a fair market value.
F. Levels of Accomplishment / Goals and Performance Measures
In addition to the normal administrative services required as part of this Agreement, the
Grantee agrees to provide the following levels of program services:
2016-2017 ESG Funding Agreement
Page 4
Activi Units Per Month* Total Units/Quarter
Shelter
Non-residential
Approximately 15
Approximately 5
*Residential and Non -Residential Individuals served.
G. Staffing
Staff Member
Doug Morris, Executive Director
Keely Garland, Case Manager
Chavela Barrera, Van Driver
Elpidia Paniagua, Volunteer Coordinator
H. Performance Monitoring
1. General Statement:
Approximately 65
Approximately 30
General Program Duties
Overall oversight of Center
Family Case Management Services
Transportation Coordinator
Coordinates with participating churches
The City will monitor the performance of the Grantee for compliance with goals and
requirements as required or as it deems necessary in accordance with the regulations.
Monitoring will be based on a risk analysis and a monitoring plan developed at the
beginning of the fiscal year. Desk monitoring will take place on a monthly and quarterly
basis as described below during grantees program activity timeframe. Substandard
performance as determined by the City will constitute non-compliance with this
Agreement. If action to correct such substandard performance is not taken by the Grantee
within a reasonable period of time after being notified by the City in writing, contract
suspension or termination procedures will be initiated.
2. On-site Monitoring
• The number of on-site Monitoring Visits will be determined by the Community
Development department of the City of Lubbock.
• Notification letter sent to grantee at least 15 days before on-site monitoring visit.
• Monitoring letter sent to grantee identifying concerns and findings if any within thirty
(30) days of on-site monitoring visit.
• Grantee must provide a written response within thirty (30) days to the monitoring
letter that describes how the grantee will resolve any issues. If no deficiencies were
noted grantee must confirm receipt of report within thirty (30) days of the date of the
letter.
2016-2017 ESG Funding Agreement
Page 5
Il. TIME OF PERFORMANCE
This Agreement shall commence October 1, 2016, and shall terminate September 30,
2017. The term of the Agreement and the provisions herein may be extended to cover
any additional time period during which the Grantee remains in control of ESG funds or
other assets, including program income.
III. BUDGET
Line Item: Amount
Emergency Shelter Operations $ 17,000
Rapid Re -Housing $ 20,000
Total $37,000
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.
IV. 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 $37,000. Requests for 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.
V. NOTICES
Communication and details concerning this Agreement shall be in writing and delivered
via mail (postage prepaid) Commercial courier, or personal delivery or sent by facsimile
2016-2017 ESG Funding Agreement
Page 6
VI.
VII.
A.
or other electronic means. All notices and other written communications under the
Agreement shall be addressed to the individuals in the capacities indicated below, unless
otherwise modified by subsequent written notice. Communication and details concerning
this contract shall be directed to the following contract representatives:
City
Piata Bryant
Community Development
P. O. Box 2000
Lubbock, TX 79457
pbryant(cimylubbock. us
SPECIAL CONDITIONS
Use as an Emergency Shelter
irnntPP
Doug Morris, Executive Director
Family Promise of Lubbock, Inc.
P. O. Box 1258
Lubbock, TX 79408
dou Lu-familypromiselubbock.org
Any building for which activities described in 24 CFR 576.21 (a)(2) or (a)(3) must be
maintained as a shelter for the homeless for the period during which such assistance is
provided and the building's use shall be governed by the provisions set forth in 24 CFR
§576.53. A substitute site or shelter may be used during this period, so long as the same
general population is served. For purposes of this contract, the term "same general
population" means either the same types of homeless persons originally served with this
Emergency Solutions Grant assistance (i.e. battered spouses) or persons in the same
geographic area.
GENERAL CONDITIONS
General Compliance
The Grantee agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U. S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart J and subpart K of
these regulations, except that (1) the Grantee does not assume the recipient's
environmental responsibilities described in 24 CFR 570.604 and (2) the Grantee does not
assume the recipient's responsibility for initiating the review process under the provisions
of 24 CFR Part 52. The Grantee also agrees to comply with all other applicable Federal,
state and local laws, regulations, and policies governing the funds provided under this
contract. The Grantee further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
The Grantee shall comply with all applicable Federal laws, regulations, and requirements
and all provisions of this Agreement, which include compliance with the provisions of
the HCD Act and all rules, regulations, guidelines, and circulars promulgated by the
various Federal departments, agencies, administrations, and commissions relating to the
CDBG Program. The applicable laws and regulations include, but are not limited to:
2016-2017 ESG Funding Agreement
Page 7
■ 24 CFR Part 570;
■ 24 CFR Parts 84 and 85;
■ 2 CFR Part 200
■ OMB Circular A-128, "Audits of State and Local Governments"
■ The Davis -Bacon Fair Labor Standards Act;
■ The Contract Work Hours and Safety Standards Act of 1962;
■ Copeland "Anti -Kickback" act of 1934;
■ Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended (URA);
■ Title VI of the Civil Rights Act of 1964; (Public Law 88-352 implemented in 24 CFR
Part 1)
■ Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (Public Law 90-234 and
Executive Order 11063 as amended by Executive Order 12259 (implemented in 24 CFR
Part 107);
■ Section 104(b) and 109 of the Housing and Community Development Act of 1974;
■ Section 3 of the Housing and Urban Development Act of 1968;
■ Equal employment opportunity and minority business enterprise regulations established
in 24 CFR Part 570.904;
■ Non-discrimination in employment, established by Executive Order 11246 (as amended
by Executive Orders 11375 and 12086)
■ Section 504 of the Rehabilitation Act of 1973 Uniform Federal accessibility Standards;
■ The Architectural Barriers Act of 1968;
■ The Americans With Disabilities Act (ADA) of 1990;
■ The Age Discrimination Act of 1975, as amended;
■ National Environmental Policy of 1969 (42 USC 4321 et seq.), as amended
■ Lead Based paint regulations established in 24 CFR Parts 35, 570.608, &24 CFR982.401;
■ Asbestos guidelines established in CPD Notice 90-44;
■ HUD Environmental Criteria and Standards (24CFR Part 51);
■ The Energy Policy and conservation Act (Public Law 94-163) and 24 CFR Part39;
■ Historic Preservation Act of 1966, as amended, and related laws and Executive Orders;
■ Executive Order 11988, floodplain management, 1977 (42 FR 26951 et seq.);
■ Flood Disaster protection Act of 1973
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.
The Grantee 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 and/or medical insurance and
Workers' 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
2016-2017 ESG Funding Agreement
Page 8
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 attorneys' fees incurred by such parties in enforcing
Grantee's indemnity in this section.
The City, and its respective officers, employees, elected officials and agents shall not be
liable and Grantee hereby releases the City, and its respective officers, employees, elected
officials and agents, for, from and/or against any losses, damages, claims or liabilities to
Grantee
The indemnity and release provided herein shall survive the termination or voidance of
this agreement.
D. Right to Exercise
The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of
relief in a court of competent jurisdiction. Further, the City shall not be subject to any
arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision
in, or related to, this document, the former shall control.
E. Workers' Compensation
The Grantee shall provide Workers' Compensation insurance coverage for all of its
employees involved in the performance of this contract.
F. Insurance and Bonding
The 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
the City.
The Grantee shall comply with the bonding and insurance requirements of 24 CFR 84,
Bonding and Insurance.
G. Grantor Reco iii
The Grantee shall insure recognition of the role of the grantor agency in providing
services through this contract. All activities, facilities, and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the Grantee will
include a reference to the support provided herein in all publications made possible with
funds made available under this contract.
2016-2017 ESG Funding Agreement
Page 9
H. Amendments
The 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's governing body. Such amendments shall not invalidate this Agreement nor relieve
or release the City or Grantee from its obligations under this Agreement.
The 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
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both City and Grantee.
I. Suspension or Termination
Either party may terminate this contract at any time by giving written notice to the other
party of such termination and specifying the effective date thereof at least 30 days before
the effective date of such termination. Partial termination of the Scope of Service in
Paragraph I.A. above may only be undertaken with the prior 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 the
Grantee under this Agreement shall, at the option of the City, become the property of the
City, and the Grantee shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents or materials prior to the termination.
The City may also suspend or terminate this Agreement, in whole or in part, if the
Grantee 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 the City's contracts, in addition to other
remedies as provided by law. In the event there is probable cause to believe the Grantee
is in noncompliance with any applicable rules or regulations, the City may withhold up to
fifteen percent (15%) of said contract funds until such time as the Grantee is found to be
in compliance by the City, or is otherwise adjudicated to be in compliance.
The City may also terminate this agreement in the event of an emergency or disaster,
whether, an act of God, natural or manmade, by giving twenty-four (24) hour notice. The
City may give said notice verbally to Grantee. Any 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.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Mana eg ment
1. Accounting Standards
2016-2017 ESG Funding Agreement
Page 10
The 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
The Grantee shall administer its program in conformance with 2 CFR Part 200, "Cost
Principles for Non -Profit Organizations". These principles shall be applied for all costs
incurred whether charged on a direct or indirect basis.
B. Documentation and Record -Keeping
1. Records to be maintained
The Grantee shall maintain all records required by the Federal regulations specified in 24
CFR Part 570.506 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 meet the National Objective
of the CDBG program of benefiting low/moderate income persons;
C. Records required determining the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and 24 CFR 84;
g. Other records necessary to document compliance with Subpart K of 24 CFR 570.
2. Retention
The Grantee shall retain all records pertinent to expenditures incurred under this
contract for a period of four (4) years after the termination of all activities funded
under this Agreement. Records for non -expendable property acquired with funds
under this contract shall be retained for four (4) years after final disposition of
such property. Records for any displaced person must be kept 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.
Client Data
The Grantee shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to, client name, address,
2016-2017 ESG Funding Agreement
Page 11
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
The 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.
5. Property Records
The Grantee shall maintain real property inventory records which clearly identify
properties purchased, improved or sold. Properties retained shall continue to meet
eligibility criteria and shall conform with the "changes in use" restrictions
specified in 24 CFR Parts 570.503(b)(8), as applicable.
6. Close -Outs
The 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 City), final close-out reports and
determining the custodianship of records.
7. Audits & Inspections
All Grantee records with respect to any matters covered by this Agreement shall
be made available to the City, grantor agency, their designees or the Federal
Government, at any time during normal business hours, as often as the City or
grantor agency 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 the Grantee within 30 days after receipt by the Grantee. Failure
of the Grantee to comply with the above audit requirements will constitute a
violation of this contract and may result in the withholding of future payments.
The Grantee hereby agrees to have an annual agency audit conducted in
accordance with current City policy concerning Grantee audits and, as applicable,
2 CFR Part 200.
Grantees meeting the 2 CFR Part 200 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
2016-2017 ESG Funding Agreement
Page 12
1. Payment Procedures
The City will pay to the Grantee funds available under this contract based upon
information submitted by the Grantee and consistent with any approved budget
and City policy concerning payments. With the exception of certain advances,
payments will be made for eligible expenses actually incurred by the Grantee, and
not to exceed actual cash requirements. Payments will be adjusted by the City in
accordance with advance fund and program income balances available in Grantee
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.
2. Performance Reports
Grantee shall submit to City a Performance, Financial Report, and narrative
information 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. Grantee shall submit
the reports monthly no later than the 20th of each month.
The September financial and narrative reports must submitted by September 30.
The performance report will remain due by the 20th of the following month.
Reporting will continue from the start of program activity till the end of the
program year. End of year reports are required.
D. Procurement
1. 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
The Grantee shall procure all materials, property, or services in accordance with
the requirements of 24 CFR 84, Procurement Standards, and shall subsequently
follow Property Management Standards as modified by 24 CFR 570.502(b)(6),
covering utilization and disposal of property.
3. Travel
The Grantee shall obtain written approval from the City for any travel outside the
metropolitan area with funds provided under this contract.
E. Use and Reversion of Assets
2016-2017 ESG Funding Agreement
Page 13
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any
accounts receivable attributable to the use of funds under this Agreement at the time
of expiration, cancellation, or termination.
2. Real property under the Subrecipient's control that was acquired or improved, in
whole or in part, with funds under this Agreement in excess of $25,000 shall be used
to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five
(5) years after expiration of this Agreement [or such longer period of time as the
Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real
property in a manner that meets a CDBG National Objective for the prescribed period
of time, the Subrecipient shall pay the Grantee an amount equal to the current fair
market value of the property less any portion of the value attributable to expenditures
of non-CDBG funds for acquisition of, or improvement to, the property. Such
payment shall constitute program income to the Grantee. The Subrecipient may retain
real property acquired or improved under this Agreement after the expiration of the
five-year [or such longer period of time as the Grantee deems appropriate.
3. In all cases in which equipment acquired, in whole or in part, with funds under
this Agreement is sold, the proceeds shall be program income (prorated to reflect the
extent to that funds received under this Agreement were used to acquire the
equipment). Equipment not needed by the Subrecipient for activities under this
Agreement shall be (a) transferred to the Grantee for the CDBG program or (b)
retained after compensating the Grantee [an amount equal to the current fair market
value of the equipment less the percentage of non-CDBG funds used to acquire the
equipment].
IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
The Grantee agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing
regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR
570.606(c) governing the Residential Antidisplacement and Relocation Assistance Plan
under Section 104(d) of the HCD Act; and (c) the requirements in 570.606(d) governing
optional relocation policies. (The City may preempt the optional policies.) The Grantee
shall provide relocation assistance to persons (families, individuals, businesses, nonprofit
organizations and farms) that are displaced as a direct result of acquisition, rehabilitation,
demolition or conversion for a CDBG-assisted project. The Grantee also agrees to
comply with applicable City ordinances, resolutions and policies concerning the
displacement of persons from their residences.
2016-2017 ESG Funding Agreement
Page 14
X. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
Compliance
The 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 104(b) and Section 109 of Title I of the Housing and Community
Development Act of 1974 as amended, 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.
2. Nondiscrimination
The 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. The
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. The 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 provisions of this nondiscrimination clause.
3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964
and 24 CFR 570.601 and 602. In regard to the sale, lease, or other transfer of land
acquired, cleared or improved with assistance provided under this contract, the Grantee
shall cause or require a covenant running with the land to be inserted in the deed or lease
for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental,
or in the use or occupancy of such land, or in any improvements erected or to be erected
thereon, providing that the City and the United States are beneficiaries of and entitled to
enforce such covenants. The Grantee, in undertaking its obligation to carry out the
program assisted hereunder, agrees to take such measures as are necessary to enforce such
covenant, and will not itself so discriminate.
4. Section 504
The 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), 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.
2016-2017 ESG Funding Agreement
Page 15
5. Reports
The Grantee shall maintain a report that documents the race/ethnicity of its employees.
The Grantee shall provide the City a copy with said report upon execution of this
Agreement.
6. Policies
The Grantee shall maintain current copies of its fair housing and equal opportunity
policies. The Grantee shall provide a copy of said policies to the City immediately upon
request.
B. Affirmative Action
Annroved Plan
The Grantee agrees that it shall be committed to carry out pursuant to the City's
specifications an Affirmative Action Program in keeping with the principles as provided
in the President's Executive Order 11246 of September 24, 1965. Grantees receiving
federal funds through the City are required to develop a written affirmative action
program to insure that equal opportunity is provided in all aspects of their employment.
2. Women -and Minority -Owned Business
The 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 percent (51 %) 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
The Grantee shall furnish and cause each of its own subrecipients or subcontractors to
furnish all information and reports required hereunder and will permit access to its books,
records and accounts by the City, HUD or its agent, or other authorized Federal officials
for purposes of investigation to ascertain compliance with the rules, regulations and
provisions stated herein.
4. Notifications
The Grantee will send to each labor union or representative of workers 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
2016-2017 ESG Funding Agreement
Page 16
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
The Grantee will, in all solicitations or advertisements for employees placed by or on
behalf of the Grantee, state that it is an Equal Opportunity or Affirmative Action
employer.
6. Subcontract Provisions
The Grantee will include the provisions of Paragraphs X.A., Civil Rights, and B.,
Affirmative Action, in every subcontract or purchase order, specifically or by reference,
so that such provisions will be binding upon each of its own subrecipients or
subcontractors.
C. Employment Restrictions
Prohibited Activit
The Grantee is prohibited from using funds provided herein or personnel employed in the
administration of the program for: political activities; sectarian or religious activities; and
lobbying, political patronage, and nepotism activities.
2. Labor Standards
The Grantee agrees 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 and Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 276a -
276a -5; 40 USC 327 and 40 USC 276c) and all other applicable Federal, state and local
laws and regulations pertaining to labor standards insofar as those acts apply to the
performance of this contract. The Grantee shall maintain documentation which
demonstrates compliance with hour and wage requirements of this part. Such
documentation shall be made available to the City for review upon request. The Grantee
agrees that, except with respect to the rehabilitation or construction of residential property
containing less than eight (8) units, all contractors engaged under contracts in excess of
$2,000.00 for construction, renovation or repair work financed in whole or in part with
assistance provided under this contract, shall comply with Federal requirements adopted
by the City pertaining to such contracts and with the applicable requirements of the
regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the
payment of wages and ratio of apprentices and trainees to journey workers; provided, that
if wage rates higher than those required under the regulations are imposed by state or
local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to
require payment of the higher wage. The Grantee shall cause or require to be inserted in
full, in all such contracts subject to such regulations, provisions meeting the requirements
of this paragraph.
3. "Section 3" Clause
2016-2017 ESG Funding Agreement
Page 17
a. Compliance
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
135, and all applicable rules and orders issued hereunder prior to the execution of
this contract, shall be a condition of the Federal financial assistance provided
under this contract and binding upon the City, the Grantee and any of the
Grantee's subrecipients and subcontractors. Failure to fulfill these requirements
shall subject the City, the Grantee and any of the Grantee's subrecipients and
subcontractors, their successors and assigns, to those sanctions specified by the
Agreement through which Federal assistance is provided. The Grantee certifies
and agrees that no contractual or other disability exists which would prevent
compliance with these requirements.
The Grantee further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this contract is a project assisted under a
program providing direct Federal financial assistance from HUD and is
subject to the requirements of Section 3 (of the Housing and Urban
Development Act of 1968), as amended, 12 U.S.C. 1701. Section 3
requires that, to the greatest extent feasible, opportunities for training and
employment be given to low- and very low-income residents of the project
area, and contracts for work in connection with the project be awarded to
business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project
is located."
The Grantee further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead-based paint hazards), housing construction, or
other public construction project are given to low- and very low-income persons
residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood in which the
project is located, and to low- and very low-income participants in other HUD
programs; and award contracts for work undertaken in connection with a housing
rehabilitation (including reduction and abatement of lead-based paint hazards),
housing construction, or other public construction project are given to business
concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CDBG-funded project
is located; where feasible, priority should be given to business concerns which
provide economic opportunities to low- and very low-income residents within the
service area or the neighborhood in which the project is located, and to low- and
very low-income participants in other HUD programs.
The Grantee certifies and agrees that no contractual or other legal incapacity exists
which would prevent compliance with these requirements.
2016-2017 ESG Funding Agreement
Page 18
b. Notifications
The Grantee agrees to send to each labor organization or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or worker's
representative of its commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment or training.
C. Subcontracts
The Grantee will include this Section 3 clause in every subcontract and will take
appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the grantor agency. The
Grantee will not subcontract with any entity where it has notice or knowledge that
the latter has been found in violation of regulations under 24 CFR 135 and will
not let any subcontract unless the entity has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
D. Conduct
1. Assignability
The 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
The 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
The Grantee will monitor all subcontracted services on a risk analysis
basis to assure contract compliance. Results of monitoring efforts shall be
summarized in written reports and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance.
C. Content
2016-2017 ESG Funding Agreement
Page 19
The 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
The Grantee shall undertake to insure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open competition basis.
Executed copies of all subcontracts shall be forwarded to the City 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.
3. Hatch Act
The 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 its employees engaged in the award and administration of contracts. Said codes
of conduct shall be in compliance with 24 CFR 84.42.
Further, Grantee covenants that it presently has no financial interest, direct or
indirect, which would conflict in any manner or degree with the performance of
services required under this Agreement. The Grantee further covenants that, in
the performance of this Agreement, no person having such a financial interest
shall be employed or retained by the Grantee hereunder. These conflict of interest
provisions apply to any person who is an employee, agent, consultant, officer, or
elected official or appointed official of the City, or of any designated public
agencies or subrecipients which are receiving funds under the CDBG Entitlement
program.
5. Lobbying
The Grantee 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
2016-2017 ESG Funding Agreement
Page 20
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 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. Lobb ijng Certification
This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U. S. Code. 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. Cop3gjght
If this contract results in any copyrightable material or inventions, the City and/or
grantor agency reserves the right to royalty -free, non-exclusive and irrevocable
license to reproduce, publish or otherwise use and to authorize others to use, the
work or materials for government purposes.
7. Religious Organization
The 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
570.2000).
XI. ENVIRONMENTAL CONDITIONS
A. Air and Water
2016-2017 ESG Funding Agreement
Page 21
The Grantee agrees to comply with the following requirements insofar as they apply to
the performance of this contract:
Clean Air Act, 42 U.S.C., 7401, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued thereunder.
Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50, as
amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4001), the Grantee shall assure that, for activities located in an area identified by
FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
C. Lead -Based Paint
The Grantee agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead -Based Paint
Regulations at 24 CFR 570.608, and 24 CFR Part 35 and will comply with all applicable
requirements.
D. Asbestos
City 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.
E. Historic Preservation
The 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. In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are fifty (50) years
old or older or that are included on a Federal, state, or local historic property list.
XII. SEVERABILITY
2016-2017 ESG Funding Agreement
Page 22
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby, and all other parts of this Agreement shall nevertheless be in full
force and effect.
XIII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
XIV. WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive
its right to act with respect to subsequent or similar breaches. The failure of the Grantee
to exercise or enforce any right or provision shall not constitute a waiver of such right or
provision.
XV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient
for the use of funds received under this Agreement and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written
between the Grantee and the Subrecipient with respect to this Agreement.
2016-2017 ESG Funding Agreement
Page 23
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written
above.
CITY OF LUBBOCK
DANIEL M. POPE
MAYOR
ATTEST:
Rer'a Garza, City Secreta
ATOVED AS TO CONTENT:
&tmnM���
Karen 1VMurfee, CD Director
APPROVED AS TO FORM:
)�—� /-'� -14
Justin V
t, A sis nt City t ey
FAMILY PROMISE OF LUBBOCK, INC.
Doug M s, Executive Director
FED. I.D. # 75-2758106
Mike King, Berard
2016-2017 ESG Funding Agreement
Page 24
corms prowaea oy i exas tztnics commission www.ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-140239
Date Filed:
11/28/2016
Date Acknowledged:
01/09/2017
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Family Promise of Lubbock
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
12964
Help those in need
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party.
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
corms prowaea oy i exas tztnics commission www.ethics.state.tx.us Version V1.0.277
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-140239
Family Promise of Lubbock
Lubbock, TX United States
Date Filed:
11/28/2016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
12964
Help those in need
4
Nature of interest
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party.
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
ruq ARACELY OUVARES
?p�iAl
NOTARY PUBLIC STATE OF TEXAS
* *
MY COMM. EXP. 11/24/2018
��OF
�Py NOTARY ID 13003475.5 Signala of autherilizied agent of contrac ing business entity
AFFIX NOTARY STAMP / SEAL ABOVE
0
Sworn o and subscribed before me, by the said J, this the
day of
20, to certify which, witness my hand a4 seal of ace.
n
I
` u l V
SignattW of officer inistering bath Printed name of officer dministering oath Title of officer i0ministering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277