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HomeMy WebLinkAboutResolution - 5190 - Agreement - CHRB - HUD, Down Payment/Closing Cost Assistance Program - 05/23/1996RESOLUTION NO.5190 May 23, 1996 Item #17 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and the Community Housing Resource Board of Lubbock to provide funding from the Department of Housing and Urban Development for the Down Payment/Closing Cost Assistance Program. Said Agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this ATTEST: (�C� Ail, rlp� Betty A Johnson City Secretary APPROVED AS TO CONTENT: l � Doug Goo an, Managing Director of Health andQommunity Services APPROVED AS TO FORM: a2 myv��,As istant City Attorney LLC:js/CHRBIRES ccdocs/May !3,1996 RESOLUTION NO.5190 May 23, 1996 Item #17 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 23rd day of May, 1996, by and between the CITY OF LUBBOCK (herein called "City") and the Community Housing Resource Board of Lubbock, a non-profit center (herein called "Grantee"). WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Block Grant Program pursuant to the Housing and Development Act of 1975, as amended„ and WHEREAS, the Grantee operates a non-profit center offering services to low - and moderate -income individuals and families; and WHEREAS, the services provided by the Grantee benefit citizens of the City of Lubbock and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared programs of the Grantee to be a public purpose and the provision of these services to be a predominate purpose of this transaction; and WHEREAS, the Grantee and the services it provides have been found to meet the criteria for funding under provision 24 CFR 570.201(n); 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 public 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 direct home ownership assistance 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 funds for the DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM; NOW, THEREFORE, it is agreed between the parties hereto that: 1. SCOPE OF SERVICE A. City Res onsibilities: City agrees to provide Grantee assistance from Department of Housing and Urban Development funds in an amount not to exceed $50,000.00 in return for Grantee performing the activities set forth in this Agreement as consideration for said funds. 2. It is expressly understood and agreed by the parties hereto that City's responsibilities are contingent upon the actual receipt of adequate federal funds to meet City's liabilities under this agreement. If adequate funds are not available to make payments under this agreement, City shall notify Grantee in writing within a reasonable time after such fact is determined. City shall terminate this agreement and will not be liable for failure to make payments to Grantee under this agreement. 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 for any cost incurred by Grantee which are not allowable costs as set forth in 24 CFR 570.207. 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 sixty (60) 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. 6. City's financial assistance will be limited to the following: a. The assistance made available through this Agreement shall be used by the Grantee solely for the purpose of direct home ownership assistance carried forth by the DOWN PAYMENT/CLOSING COSTS ASSISTANCE PROGRAM; and CHRB DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM 2 b. The assistance shall provide funding for down payment, closing, and prepaid expenses incurred from providing direct home ownership to participants having 80% of median income or below. c. The services provided by the Grantee shall benefit income -eligible individuals and families city wide. B. Grantee's Responsibilities Grantee agrees to perform all activities in accordance with the terms of Exhibit A; the Budget, and all other terms, provisions, and requirements set forth in the Agreement. 2. Upon completion of this project, if the entire funded amount is not used, Grantee agrees to refund any unused portion to City within thirty (30) days. 3. Grantee agrees to return to the City or develop a revolving loan pool for any program income received or accounts receivable which are attributable to the use of Community Development Block Grant funds. 4. Grantee agrees to comply with applicable uniform administrative requirements, as described in 24 CFR 570.502. 5. Grantee agrees to carry out the activities under this agreement in compliance with all Federal laws and regulations described in 24 CFR Chapter 570 subpart K except grantee does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR part 52. C. Grantee's Match: Grantees applying for Community Development Block Grant (CDBG) funds must supplement requests for CDBG funds with additional funds from sources other than CDBG. This project must provide 25% or more of the total project costs from non-CDBG sources. 2. Matching funds may include cash provided by the agency from its own funds or other agencies, donations, or grants other than CDBG. The value of the match is subject to review and approval by the City of Lubbock. II. TIME OF PERFORMANCE This Agreement shall commence May 23, 1996, and shall terminate September 30, 1996. The terms of this agreement and the provisions here in CH" DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM IV. VI. shall be extended to cover any additional time period during which the Grantee remains in control of CDBG funds or other assets including program income. PAYMENT City will pay up to $5,000.00 for administrative expenses and $45,000.00 for programmatic expenses to Grantee based upon the receipt of request for funds and project expense summary for the above-described project. Grantee shall submit to City invoices for items purchased. City shall determine the reasonableness of each purchase and shall not make disbursement of any such payment until City has reviewed and approved each purchase. NOTICES Communication and details concerning this Agreement shall be directed to the following contract representatives: Doug Goodman City of Lubbock P. 0. Box 2000 Lubbock, TX 79457 SPECIAL CONDITIONS Yolanda Jimenez, Executive Director Community Housing Resource Board 1628 Main Lubbock, TX. 79401 Grantee agrees to comply with the requirement of Title 24 CFR, Part 570 of the Housing and Urban Development regulation concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. GENERAL CONDITIONS A. General Compliance Grantee agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement which were made available under City's Community Development Block Grant program. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship C1 RB DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM 4 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 Grantee. C. Hold Harmless 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. D. Worker's Compensation Grantee shall provide Worker's Compensation insurance coverage for all employees involved in the performance of this Agreement. E. Insurance and Bonding 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. F. City Recognition Grantee shall insure recognition of the role of City's Community Development Block 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. G. Amendments City or Grantee may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly -authorized representative of both organizations and approved by the City Council if required by law. Such amendments shall not invalidate this Agreement, nor relieve nor release City or Grantee from 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 CHRB DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM 5 a change in the funding, the scope of services, or the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City and Grantee. H. Suspension or Termination Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial termination of the Scope of Service in Paragraph 1.13" 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 materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein; and the City may declare the Grantee ineligible for any further participation in City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe Grantee is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen percent (15%) of said contract funds until such time as Grantee is found to be in compliance by City or is otherwise adjudicated to be in compliance. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards Grantee agrees to comply with Attachment F of OMB Circular A-11 g and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles Grantee shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations", CHRB DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM 6 or A-21, "Cost Principles for Educational Institutions", as applicable, for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping Records to be Maintained Grantee shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506, and that are pertinent to the activities to be funded under this Agreement. 2. Retention Grantee shall retain all records pertinent to expenditures incurred under this Agreement for a period of three (3) years after the termination of all activities funded under this Agreement, or after the resolution of all Federal audit findings, whichever occurs later. 3. Client Data Grantee shall maintain client data demonstrating client eligibility for services provided. Such data shall include, .but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. 4. Audits and Inspections All Grantee records with respect to any matters covered by this Agreement shall be made available to City, their designees or the Federal Government, at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by Grantee within thirty (30) days after receipt by the Grantee. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. C. Operation and Financial Reports Financial Record Repo Grantee agrees to submit to the City invoices for the services and approved costs of this program. CHRB DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM 2. Operation Reports Grantee agrees to submit to the City a report of the monthly activities. VIII. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Grantee agrees to comply and to require all subcontractors to comply with Title VI of the Civil Rights Act of 1964 as amended, Title V111 of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 and the regulations issued under the order of 41 CFR Chapter 60. B. Conduct Prohibited Activity Grantee is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian or religious activities as specified in 24 CFR 570.2000); lobbying, political patronage, and nepotism activities. 2. Conflict of Interest Grantee and City agree to abide by the provisions of 24 CFR 570.611 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 Contract and that no person having such an interest will be employed as or by the subcontractor carrying out this Agreement. CHRB DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM 8 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. ATTEST: Betty . Johns , City Secretary APPROVED AS TO CONTENT: Doug Goo m n, Managing Do ector Health a d Community Services APPROVED AS TO FORM: ity COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK YO ',ANDA JIMENE , EXECUTIVE DIRECTOR CHRB DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM 9 Exhibit A City of Lubbock Community Development Funding Request Page 7 F. BUDGET !' Please list applicants antecipated expena;t;,res, detailing requested funds and applicant's ^natch;ng funds Please p!a; e C -Cash. S=Sweat Equity O=Other Grants, D=Dona' ons beside ea. -.h entry under'App!icant's h'atch;ng Funds" to denote the type of match bung , used Funds Appf;cant's Requested + Matctifng Funds Administration: Personae! (# 1 i P -T 3- I Z 5` 0 Q Payroll Taxes 40 0.O0_ Ernpfoyee Benefits Off.ce Supplies Copy Supp; -es Postage i Te'ephone Promotional Professional Se,r:ces au_ Veh,c'e FuelifU" feage ;,her' Office _Space f?5.00 ' Program; Acquts:tion Reconstruction i Rehab,',tat?on i lnstaiiation Training & Technical Assistance Direct Ass -stance Rental of Spa :e;Equ-p Professional Services for Clients j Other i ,TOTALS 45.009.00 Total i Prpjeet i Expenses , + _ X475.00 + a�nn + _ + + _ 625.00 + + 12,500 00* _ - 45,000,00 ;Covnmit�, ent frore �z,,-)rwPst Banc CHRB DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM 10