HomeMy WebLinkAboutResolution - 5663 - Contract - SPCS - Shelter Renovation, ESG - 10/09/1997RESOLUTION NO. 5663
Item #44
October 9, 1997
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of Lubbock BE and is hereby authorized and directed to execute for
and on behalf of the City of Lubbock a Community Development Funding Contract and all
related documents with South Plains Children's Shelter. Said contract is attached hereto, and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council
Passed by the City Council this 9th day of October , 1997.
Y SIlpg, MAYOR
ATTEST:
K'ayt Darnell, City Secretary
APPROVED AS TO CONTENT:
Ow -L.0
Doug Goo"; Managing Director of
Health & C&fmunity Services
APPROVED AS TO FORM:
,1
William de Haas, Assistant City Attorney
RESOLUTION NO.5663
Item #44
October 9, 1997
COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK AND SOUTH PLAINS CHILDRENS SHELTER, INC.
STATE OF TEXAS §
COUNTY OF LUBBOCK
This Agreement entered into on this 9th day of October, 1997, by and between the CITY
OF LUBBOCK (herein called "City") and SOUTH PLAINS CHILDREN'S SHELTER, a non-
profit center (herein called "Grantee").
WHEREAS, the City is obligated to do and perform certain services in its undertaking of
an Emergency Shelter Grant Program pursuant to Subpart B of Title IV of the Stewart B.
McKinney Homeless Assistance Act (Pub. L. 100-77); and
WHEREAS, the Grantee operates a non-profit center offering services to the homeless;
and
WHEREAS, the non-profit and the services it provides have been found to meet the
criteria for funding under provisions 576.23(b) of the Emergency Shelter Regulation for
Nonprofit Recipients; and
WHEREAS, the renovation, major rehabilitation and conversion of facilities for the
homeless are fundable by the Department of Housing and Urban Development; and
WHEREAS, the accomplishment of the above public purpose is the predominant purpose
of this transaction, continuing supervision by the City together with statutory and contractual
requirements provide sufficient assurance that this purpose will be accomplished and an audit
provides sufficient protection of the handling of public money; and
WHEREAS, the City Council has found that the Grantee has the special expertise,
knowledge and experience necessary for the operation of a homeless facility, and that the City
will receive adequate consideration in the form of substantial public benefit; and
WHEREAS, the City desires to contract with the Grantee to make available assistance for
the facility located at 2302 13th Street, Lubbock, TX 79401;
NOW, THEREFORE, it is agreed between the parties hereto that:
ig-
The Grantee will be responsible for administering Emergency Shelter Grant Year 1997-
1998 Renovations Program in a manner satisfactory to the City and consistent with any
South Plains Children Shelter, 1997-98 ESG Funding Agreement
1
4�,
standards required as a condition of providing these funds. Such program will include the
following activities eligible under the ESG Program:
Activity 1. Renovation of Shelter
The Grantee shall with the sum of Five Hundred Twenty -Five Dollars ($525.00) pay
for renovation of the facility located at 2302 13th Street for the purchase and installation
of a heating/air conditioning unit for the garage study room.
B. Objective
The Grantee certifies that the activities carried out with funds provided under this
Agreement will meet the eligible activities for funding under the Emergency Shelter
Grant program - as defined in 24 CFR §576.21, Subpart B.
C. C ty Responsibilities
1. City agrees to provide Grantee assistance from Department of Housing and
Urban Development funds in amounts not to exceed $525.00 for Renovations
in return for Grantee performing the activities set forth in this Agreement as
consideration for said funds.
2. It is expressly understood and agreed by the parties hereto that City's
responsibilities are contingent upon the actual receipt of adequate federal funds
to meet City's liabilities under this agreement. If adequate funds are not
available to make payments under this agreement, City shall notify Grantee in
writing within a reasonable time after such fact is determined. City shall
terminate this agreement and will not be liable for failure to make payments to
Grantee under this agreement.
3. City shall not be liable to Grantee for any costs incurred by Grantee, or any
portions thereof, which have been paid to Grantee or which are subject to
payment to Grantee, or which have been reimbursed to Grantee or which are
subject to reimbursement to Grantee by any source other than City or Grantee.
4. City shall not be liable to Grantee for any costs incurred by Grantee which are
not allowable costs, as set forth in 24 CFR §576.21, Subpart B.
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.
South Plains Children Shelter, 1997-98 ESG Funding Agreement
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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.
DINERMIT -- RTTer,1
1. Grantee shall conduct, in a satisfactory manner as determined by City, an
Emergency Shelter Grants Program pursuant to Subpart B of Title IV of the
Stewart B. McKinney Homeless Assistance Act (Pub. L. 100-77), hereinafter
referred to as the Act.
2. Grantee shall perform all activities in accordance with their budget, the
applicable laws and regulations set forth herein; the assurance, certifications,
and all other terms, provisions, and requirements set forth in this agreement.
3. Grantee shall submit to City such reports on the operation and performance of
this agreement as may be required by City.
4. In addition to the limitations on liability otherwise specified in this agreement,
it is expressly understood and agreed by the parties hereto that if Grantee fails
to submit to City in a timely and satisfactory manner any report required by
this agreement, City may, at its sole option and in its sole discretion, withhold
any or all payments otherwise due or requested by Grantee hereunder. If City
withholds such payments, it shall notify Grantee in writing of its decision and
the reasons therefor. Payments withheld pursuant to this paragraph may be
held by City until such time as the delinquent obligations for which funds are
withheld are fulfilled by Grantee.
5. Grantee shall refund to City any sum of money which has been paid to Grantee
by City which City determines has resulted in overpayment to Grantee, or
which City determines has not been spent by Grantee strictly in accordance
with the terms of this agreement. Such refund shall be made by Grantee to
City within thirty (30) working days after such refund is requested by City.
6. Grantee shall submit to City for review all work specifications prior to the
beginning of the procurement process.
7. Grantee shall notify City upon work completion for inspection prior to release
of funds.
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.
South Plains Children Shelter, 1997-98 ESG Funding Agreement
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H
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. 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 of $5 per hour.
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.
Match is subject to review and approval by the City of Lubbock.
F. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the
Grantee agrees to provide the following levels of program services:
ctivity mil
Renovation Purchase/Install Heating/AC
Unit for Garage Study Room
Virginia Bracket Executive Administrator
H. Performance Monitoring
The City will monitor the performance of the Grantee for compliance with goals and
requirements as required herein once annually or as it deems necessary in accordance
with the regulations. 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.
This Agreement shall commence October 9, 1997, and shall terminate September 30,
1998. The term of the Agreement and the provisions herein shall be extended to cover
any additional time period during which the Grantee remains in control of ESG funds or
other assets, including program income.
South Plains Children Shelter, 1997-98 ESG Funding Agreement
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Heating/AC Unit
Renovation
Total $525.00
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 and the Grantee.
' • cul__ ►Y
It is expressly agreed and understood that the total amount to be paid to the Grantee under
this contract shall not exceed $525 for Renovations. Drawdowns for the payment of
eligible expenses shall be made against the line item budgets specified in Paragraph III
herein and in accordance with performance. Grantee shall submit to City invoices for
items purchased. City shall determined the reasonableness of each purchase and shall not
make disbursement of any such payment until City has reviewed and approved each
purchase.
Payments may be contingent upon certification of the Grantee's financial management
system in accordance with the standards specified in OMB Circular A-110, Attachment F.
Communication and details concerning this Agreement shall be directed to the following
contract representatives:
Mtn
Nancy Haney
City of Lubbock
P. O. Box 2000
Lubbock, TX 79457
Use as an Emergency Shelter
Virginia Bracket
South Plains Children's Shelter
PO Box 802
Lubbock, TX 79408
Any building for which activities described in 24 CFR 576.21 (a)(2) or (a)(3) must be
maintained as a shelter for the homeless for the period during which such assistance is
provided. A substitute site or shelter may be used during this period, so long as the same
general population is served. For purposes of this contract, the term "same general
population" means either the same types of homeless persons originally served with this
Emergency Shelter Grant assistance or persons in the same geographic area.
South Plains Children Shelter, 1997-98 ESG Funding Agreement
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Grantee agrees to comply with all applicable federal, state and local laws, regulations and
policies governing the funds provided under this Agreement which were made available
under City's Emergency Shelter Grant program. Grantee further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
(: 1 Mi• .,T1 ,M, 10• 1 1 Mt • do
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
Grantee shall at all times remain an "independent contractor" with respect to the services
to be performed under this Agreement. City shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or medical insurance and
Worker's Compensation insurance as the Grantee is an independent contractor.
Grantee shall hold harmless, defend and indemnify City from any and all claims, actions,
suits, charges and judgments whatsoever that arise out of Grantee's performance or
nonperformance of the services or subject matter called for in this Agreement.
Grantee shall provide Worker's Compensation Insurance coverage for all of its employees
involved in the performance of this contract.
Grantee shall carry sufficient insurance coverage to protect contract assets from loss due
to theft, fraud and/or undue physical damage, and as a minimum, shall purchase a blanket
fidelity bond covering all employees in an amount equal to cash advances from City.
Grantee shall comply with the bonding and insurance requirements of Attachment B of
OMB Circular A-110, Bonding and Insurance.
Grantee shall insure recognition of the role of City's Emergency Shelter Grant program in
providing funding through this Agreement. All activities, facilities and items utilized
pursuant to this Agreement shall be prominently labeled as to funding source. In
addition, Grantee will include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement.
South Plains Childrens Shelter, 1997-98 ESG Funding Agreement
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70
City or Grantee may amend this Agreement at any time, provided that such amendments
make specific reference to this Agreement, and are executed in writing, signed by a duly -
authorized representative of both organizations and approved by the City Council if
required by law. Such amendments shall not invalidate this Agreement, nor relieve nor
release City or Grantee from its obligations under this Agreement.
City may, in its discretion, amend this Agreement to conform with federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of services, or the activities
to be undertaken as part of this Agreement, such modifications will be incorporated only
by written amendment signed by both City and Grantee.
G. Suapension or Termination
Either party may terminate this Agreement at any time by giving written notice to the
other party of such termination and specifying the effective date thereof at least thirty
(30) days before the effective date of such termination. Partial termination of the Scope
of Service in Paragraph "I.A' above may only be undertaken with the prior approval of
City. In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports, or other materials
prepared by Grantee under this Agreement shall at the option of City, become the
property of City, and Grantee shall be entitled to receive just and equitable compensation
for any satisfactory work completed on such documents or materials prior to the
termination.
City may also suspend or terminate this Agreement, in whole or in part, if Grantee 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
fiuther participation in City contracts, in addition to other remedies as provided by law.
In the event there is probable cause to believe Grantee is in noncompliance with any
applicable rules or regulations, City may withhold up to fifteen percent (15%) of said
contract funds until such time as Grantee is found to be in compliance by City or is
otherwise adjudicated to be in compliance.
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Grantee agrees to comply with Attachment F of OMB Circular A-110 and agrees
to adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all
costs incurred.
South Plains Children Shelter, 1997-98 ESG Funding Agreement
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Grantee shall administer its program in conformance with OMB Circulars A-122,
"Cost Principles for Non -Profit Organizations" for all costs incurred whether
charged on a direct or indirect basis.
Grantee shall maintain all records required by federal regulations specified, and
that are pertinent to the activities to be funded under this Agreement. Such
records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets the
eligible activities of the ESG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with ESG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the ESG program;
f. Financial records as required by 24 CFR Part 576 Subpart G and
OMB Circular A-110.
g. Other records necessary to document compliance with Subpart G
of 24 CFR 576.
2.
Grantee shall retain all records pertinent to expenditures incurred under this
Agreement for a period of three (3) years. Records for non -expendable property
acquired with funds under this contract shall be retained for three (3) years after
he/she has received final payment. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the
records cited and that have started before the expiration of the three-year period,
then such records must be retained until completion of the actions and resolution
of all issues, or the expiration of the three-year period, whichever occurs later.
3. Client Data
Grantee shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to, client name, address,
income level or other basis for determining eligibility, and description of service
provided. Such information shall be made available to City monitors or their
designees for review upon request.
South Plains Children Shelter, 1997-98 ESG Funding Agreement
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4. Disclosure
Grantee understands that client information collected under this contract is private
and the use or disclosure of such information, when not directly connected with
the administration of the City's or Grantee's responsibilities with respect to
services provided under this contract, is prohibited unless written consent is
obtained from such person receiving service and, in the case of a minor, that of a
responsible parent/guardian, unless otherwise required by law.
Grantee shall maintain real property inventory records which clearly identify
properties purchased, improved or sold.
Grantee's obligation to the City shall not end until all close-out requirements are
completed. Activities during this close-out period shall include but are not
limited to: making final payments, disposing of program assets (including the
return of all unused materials, equipment, unspent cash advances, program
income balances, and accounts receivable to the Grantee), final close-out report
and determining the custodianship of records.
All Grantee records with respect to any matters covered by this Agreement shall
be made available to City, their designees or the Federal Government, at any time
during normal business hours, as often as City deems necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any deficiencies
noted in audit reports must be fully cleared by Grantee within thirty (30) days
after receipt by the Grantee. Failure to comply with the above audit requirements
will constitute a violation of this Agreement and may result in the withholding of
future payments. Grantee shall hereby agrees to have an annual agency audit
conducted in accordance with current City policy concerning Grantee audits and,
as applicable, OMB Circular A-133.
Grantee shall report quarterly all program income generated by activities carried
out with ESG funds made available under this contract. By way of further
limitations, the Grantee may use such income during the contract period for
activities permitted under this contract and shall reduce requests for additional
funds by the amount of any such program income balances on hand. All unused
program income shall be returned to the City at the end of the contract period.
South Plains Children Shelter, 1997-98 ESG Funding Agreement
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Any interest earned on cash advances from the U.S. Treasury is not program
income and shall be remitted promptly to the City.
2. Indirect Costs
If indirect costs are charged, the Grantee will develop an indirect cost allocation
plan for determining the appropriate Grantee's share of administrative costs and
shall submit such plan to the Grantee for approval, in a form specified by the City.
3. Pa}anent 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•uI• :lsit) l
Grantee shall submit to City a monthly Performance Report in a format prescribed
by City and shall include the amount of funds obligated and expended for each of
the eligible activity described in 576.21 Subpart B.
The initial monthly Performance Report is required by the 20th of October.
Grantee shall continue to submit this report monthly no later than the 20th of each
month thereafter until all Emergency Shelter Grant amounts are reported and
expended.
1. Compliance
Grantee shall comply with current City policy concerning the purchase of
equipment and shall maintain inventory records of all non -expendable personal
property as defined by such policy as may be procured with funds provided
herein. All program assets purchased with such funds (unexpended program
income, property, equipment, etc.) shall revert to the City upon termination of this
contract.
Grantee shall procure all materials, property, or services in accordance with the
requirement of Attachment O of OMB Circular A-110, Procurement Standards,
and shall subsequently follow Attachment N, Property Management Standards,
covering utilization and disposal or property.
South Plains Children Shelter, 1997-98 ESG Funding Agreement
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3. Travel
Grantee shall obtain written approval from the City for any travel outside the
metropolitan area with funds provided under this contract.
MEN U -MMI
A. Civil Rights
1. Compliance
Grantee agrees to comply and to require all subcontractors to comply with Title
VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act
of 1968 as amended, Section 109 of Title I of the Housing and Community
Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975,
Executive Order 11063, and with Executive Order 11246 as amended by
Executive Orders 11375 and 12086 and the regulations issued under the Order at
41 CFR Chapter 6.
REMEWTIM
Grantee will not discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or
other handicap, age, marital/familial status, or status with regard to public
assistance. Grantee will tape affirmative action to insure that all employment
practices are free from such discrimination. Such employment practices include
but are not limited to the following: hiring, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
Grantee agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting agency
setting forth the provision of this nondiscrimination clause.
WRIMERI-TIMI MITE
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.
South Plains Children Shelter, 1997-98 ESG Funding Agreement
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B. Affirmative Action
1. MM
Grantee agrees that is shall be committed to carry out an Affirmative Action
Program in keeping with the principles as described in President's Executive
Order 11246 of September 24, 1965.
2. W/MBE
Grantee will use its best efforts to afford minority- and women -owned business
enterprises the maximum practicable opportunity to participate in the performance
of this contract. As used in this contract, the term "minority and female business
enterprise" means a business at least fifty-one (5 1) percent owned and controlled
by minority group members or women. For the purpose of this definition,
"minority group members" are Afro-Americans, Spanish-speaking, Spanish
surnamed or Spanish -heritage Americans, Asian -Americans, and American
Indians. The Grantee may rely on written representations by businesses regarding
their status as minority and female business enterprises in lieu of an independent
investigation.
3. Access to Records
Grantee shall furnish and cause each of its own 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. Notification
Grantee will send to each labor union or representative of works with which it has
a collective bargaining agreement or other contract or understanding, a notice, to
be provided by the agency contracting officer, advising the labor union or
worker's representative of the Grantee's commitments hereunder, and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
5. EEO/AA Statement
Grantee will, in all solicitations or advertisements for employees placed by or on
behalf of the Grantee, state that it is an Equal Opportunity and Affirmative Action
employer.
6. Subcontractors
Grantee will include the provisions of Paragraph IX A, Civil Rights, and B,
Affirmative Action, in every subcontract or purchase order, specifically or by
South Plains Children Shelter, 1997-98 ESG Funding Agreement
12
reference, so that such provisions will be binding upon each of its own
subrecipients or subcontractors.
1 M • E
Grantee is prohibited from using funds provided herein or personnel employed in
the administration of the program for: political activities; sectarian or religious
activities; lobbying, political patronage, and nepotism activities.
Grantee agrees to comply and require all subcontractors to comply with the
requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as
amended, the provisions of Contract Work Hours, the Safety Standards Act, the
Copeland "Anti -Kickback" Act, and all other applicable federal, state, and local
laws pertaining to labor standards insofar as those acts apply to the performance
of this Agreement. Grantee will maintain documentation which demonstrates
compliance with hour and wage requirements of this part; this documentation
shall be made available to the City for review upon request.
3. "Section 3" Clause
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.
Grantee further agrees to comply with the provisions of Section 3 and to
include the following clause in all subcontracts executed under this
Agreement:
"The work to be performed under this Contract is a project assisted
under a program providing direct federal financial assistance from
HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701. Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and
South Plains Children Shelter, 1997-98 ESO Funding Agreement
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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.
Grantee certifies and agrees that no contractual or other legal incapacity
exists which would prevent compliance with these requirements.
b.
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
South Plains Children Shelter, 1997-98 ESG Funding Agreement
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entity has first provided it with a preliminary statement of ability to
comply with the requirements of these regulations.
C. Conduct
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
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.
Grantee will monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in
written reports and supported with documented evidence of follow-up
actions taken to correct areas of noncompliance.
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.
MINEMP - I
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 Grantee along with documentation concerning the selection process.
3. Hatch Act
Grantee agrees that no funds provided, nor personnel employed under this
contract, shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V United States Code.
South Plains Children Shelter, 1997-98 BSG Funding Agreement
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Grantee and City agree to abide by the provisions of 24 CFR § 576.79 (d) with
respect to conflicts of interest, and Grantee covenants that it presently has no
financial interest, direct or indirect, which would conflict in any manner or degree
with the performance of the services required under this Agreement. Grantee
further covenants that in the performance of this Agreement no person having
such a financial interest shall be employed or retained by the Grantee hereunder.
These conflict of interest provisions apply to any person who is an employee,
agent, consultant, officer, or elected official or appointed official of the City, or of
any designed public agencies or subrecipients which are receiving funds under the
ESG Program.
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
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
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
South Plains Children Shelter, 1997-98 ESG Funding Agreement
16
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.
•• /0 _1
If this contract results in any copyrightable material or inventions, the City
reserves the right to royalty -free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work or
materials for government purposes.
Grantee agrees that funds provided under this contract will not be utilized for
religious activities, to promote religious interests, or for the benefit of a religious
organization in accordance with the Federal regulations specified in 24 CFR
576.22(b).
REEFFELTMET-11Elul_ 1 alt
Grantee agrees to comply with the following requirement insofar as they apply to the
performance of this contract:
Clean Air Act, 42 U.S.C., 7401, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and 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.
•3• • 11 r M, M a W M. ' •
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).
Grantee agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the Lead -Based Paint
Poisoning Prevention Act (42 USC 4821 through 4846) and 24 CFR Part 35.
South Plains Children Shelter, 1997-98 ESG Funding Agreement
17
� 1 1
Grantee agrees to comply with the Texas Asbestos Health Protection Act set forth at
Article 4477-3a Section 12 of the Texas Civil Statutes and the National Emission
Standard for Asbestos Regulations set forth at 40 CFR Part 61.
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 years old or older or that
are included on a Federal, state, or local historic property list.
a`�
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full
force and effect.
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written
above.
CITY OF " •
WINDY •
MAYOR
ATTEST:
1(kju�-
---
KaythUDarnell, City Secretary
SOUTH PLAIN CHILDREN'S SHELTER
OE L. MURFEE III
AUTHORIZED REPRESENTATIVE
FED. I.D.#
South Plains Children Shelter, 1997-98 ESG Funding Agreement
18
APPROVED AS TO CONTENT:
Doug Goo , Managing Director
of Health anommumty Services
APPROVED AS TO FORM:
William de Haas, Assistant City Attorney
South Plains Children Shelter, 1997-98 ESG Funding Agreement
19