HomeMy WebLinkAboutResolution - 5017 - Agreement - CHRB - Homeless Shelter, ESG - 11/09/1995Resolution No. 5017
November 9, 1995
Item #28
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 by and between the City of
Lubbock and the Community Housing Resource Board of Lubbock to provide funding from
Emergency Shelter Grant Program funds for provision of operational funds for the homeless.
Said Agreement is 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:
&t, A C)4��f�
Betty M. John n, City Secretary
APPROVED AS TO CONTENT:
Managing Dire
nunity Services
APPROVED AS TO FORM:
Linda L. Chamales, Assistant City Attorney
:dp\ccdocs\chrb.res
rev. November 2, 1995
Resolution No. 5017
November 9, 1995
COMMUNITY DEVELOPMENT EFUNDING AGREE�f��'8
THE CITY OF LUBBOCK AND
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement entered into this 9th day of November, 1995, by and between the
CITY OF LUBBOCK (herein called "City") and 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 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 Corporation 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 operation (excluding staff), rent repair, security fuels,
equipment, insurance, utilities, and furnishings are fundable by the Department of
Housing and Urban Development; and
WHEREAS, the accomplishment of the above public purpose is the predominant
purpose of this transaction, continuing supervision by the City together with statutory
and contractual requirements provide sufficient assurance that this purpose will be
accomplished and an audit provides sufficient protection of the handling of public
money; and
WHEREAS, the City Council has found that the Grantee has the special
expertise, knowledge and experience necessary for the operation of a homeless
shelter, and that the city will receive adequate consideration in the form of substantial
public benefit; and
WHEREAS, the City desires to contract with the Grantee to make available
assistance to the agency located at 5302 Avenue Q South Drive, Lubbock, TX 79412;
NOW, THEREFORE, it is agreed between the parties hereto that:
CONRAUNrTY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREENIENT
1
SCOPE OF SERVICE
A. City Responsibilities:
City agrees to provide Grantee assistance from Department of Housing
and Urban Development funds in an amount not to exceed $12,800.00
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 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 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.
B. Grantee's Responsibilities
Grantee shall conduct, in a satisfactory manner as determined by
City, an Emergency Shelter Grants Program pursuant to Subpart B
of Title IV of the Stewart B. McKinney Homeless Assistance Act
(Pub. L. 1 0077), hereinafter referred to as the Act.
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
2
2. Grantee shall perform all activities in accordance with the terms of
the Performance Statement, hereinafter referred to as Exhibit A;
the Budget, hereinafter referred to as Exhibit B; the assurance,
certifications, and all other terms, provisions, and requirements set
forth in this agreement. Exhibits A, B, and C are incorporated in this
Agreement as if fully set forth herein.
3. Grantee shall submit to City such reports on the operation and
performance of this agreement as may be required by City including,
but not limited to, reports specified in this Section VII (B).
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 an 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.
C. Grantee's Match:
Grantee agrees to provide as match an amount of funds
equal to the amount of funds provided by City under this
agreement for performances hereunder. Such funds must be
provided from sources other than under this agreement. This
amount shall be referred to hereinafter as Grantee's match.
2. Amounts may be counted toward Grantee's match only if such amounts
are costs or resources of a type specified by budget categories
delineated in Exhibit B and only if such amounts are 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, determine at the rate of $5 per hour. Grantee shall
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
3
IV
V
1V/
determine the value of any donated material or building, or any lease
using any method reasonably calculated to establish a fair market
value.
TIME OF PERFORMANCE
This Agreement shall commence November 9, 1995, and shall terminate
September 30, 1996.
PAYMENT
City will pay up to $12,800.00 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
determined 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. O. Box 2000
Lubbock, TX 79457
SPECIAL CONDITIONS
Yolanda Jimenez
Community Housing Resource Board of Lubbock
5302 Avenue Q. South Drive
Lubbock, TX 79412
Use as an Emergency Shelter
Any building for which emergency shelter 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.
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 Emergency
Shelter Grant program.
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
B. Independent Contractor
Nothing contained in this Agreement is intended to, or shall be
construed in any manner, as creating or establishing the relationship
of employer/employee between the parties. Grantee shall at all times
remain an independent contractor with respect to the services to be
performed under this Agreement. City shall be exempt from payment
of all 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. 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.
E. City Recognition
Grantee shall insure recognition of the role of City's Emergency
Shelter Grant program in providing funding through this Agreement.
All activities, facilities and items 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.
F. 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 of Grantee from its obligations under this Agreement.
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
5
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. 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 "I.B" 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-110 and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs
incurred.
2. Cost Principles
CONRvIUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
6
Grantee shall administer its program in conformance with OMB
Circulars A-122, "Cost Principles for Non -Profit Organizations",
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 federal
regulations 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 four (4) years.
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.
5. Financial Statements
Grantee shall furnish City with monthly financial statements of the
project or services being funded under this agreement. Such
statements shall contain all the information as may be requested
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
7
by the Community Development Administrator regarding the
performance of the Grantee's activities.
6. Performance Reports
Grantee shall submit to City a monthly performance report. Such
reports shall be in a format prescribed by City and shall include the
amount of funds obligated and expended for each of the four
categories of eligible activities described in 576.21 Subpart B.
The initial monthly performance report is required by the 26th of
November. Grantee must continue to submit this report monthly
until all Emergency Shelter Grant amounts are reported and
expended.
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 VIII of
the Civil Rights Act of 1968 as amended, Section 109 of Title I of the
Housing and Community Development Act of 1974, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11246 and the regulations issued under the Order at 41
CFR Chapter 60.
B. Employment Restrictions
Labor Standards
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.
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
8
Grantee agrees that all contractors engaged under contracts in
excess of $2,000.00 for repair of any building or work financed in
whole or in part, which assistance provided under this Agreement
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
3, 1, 5, and 7, governing the payment of wages and wages of
apprentices and trainees to journeymen; provided that, if wage
rates higher than those required under the regulations are imposed
by state or local laws, nothing hereunder is intended to relieve
Grantee of its obligation, if any, to require payment of the higher
wage. Grantee shall cause or require to be insured in full, in all
such contracts subject to such regulation, provisions meeting the
requirements of this paragraph for contracts in excess of
$10,000.00.
2. "Section 3" Clause
Grantee 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. Section 3 requires that, to the greatest extent
feasible, opportunities for training and employment be given to
lower-income residents of the project area and contracts for work
in connection with the project be awarded to business concerns
which are located in, or owned in substantial part, by persons
residing in the areas of the project."
C. 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; lobbying,
political patronage, and nepotism activities.
2. Conflict of Interest
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
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
9
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.
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
10
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first
written above.
ATTEST:
rt�
Betty M.-John-sihn, City Secretary
APPROVED AS TO CONTENT:
Doug Goo an, Managing Director
of Comm& it Development/
Neighborhood Initiatives
APPROVED AS TO FORM:
Linda Chamales, Assistant City Attorney
COMMUNITY HOUSING RESOURCE
BOARD OF LUBBOCK
Y ANDA JIMENEZ/
AUTHORIZED REPRESENTATIVE
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
11
EXHIBIT A
PERFORMANCE STATEMENT
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK
Grantee shall carry out the following activities as described in its 1995 Emergency
Shelter Grant Program application
Section 1. Operations
Community Housing Resource Board of Lubbock, shall with the sum of Twelve
Thousand Eight Hundred Dollars ($12,800), pay utility expenses, insurance, and
maintenance costs.
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
12
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EXHIBIT C
APPLICABLE LAWS AND REGULATIONS
Grantee shall comply with the Act specified in Section 2 of this agreement and with the
rules and regulations promulgated thereunder at 24 CFR Part 576 [53 Fed. Reg. 30191
(August 10, 1988)], and any revisions thereto, the OMB Circulars and the Management
Standards specified in Section 5 of this contract - Treasury Circular 1075 (31 CFR Part
2050; and with all other federal state, and local laws and regulations applicable to the
activities and performances rendered by Grantee under this contract including, but not
limited to, the laws and the regulations promulgated thereunder and specified in
Section A through J of this Exhibit C.
A. Nondiscrimination and Equal Opportunity
The requirements of Title VIII of the Civil Rights Act of 1968, 42
USC 3601 through 3620, and implementing regulations at 24 CFR
Part 100; Executive Order 11063 and implementing regulations at 24 CFR
Part 107; and Title VI of the Civil Rights Act of 1964 (42 USC 2000d
through 2000d-4) an implementing regulations issued at 24 CFR Part I -P.
2. The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 USC 6101-6107) and the prohibitions
against discrimination against otherwise qualified individuals with
handicaps under Section 504 of the Rehabilitation Act of 1973 (29 USC
794)-@.
3. The requirements of Executive Order 1246 and the regulations issued
under the Order at 41 CFR Chapter 60; and
4. The requirements of Section 3 of the Housing and Urban Development
Act of 1968, 12 USC 1701 u (see 570.607 (b) of this chapter); and
5. The requirements of Executive Orders 11625, 11432, and 12138.
Consistent with HUD's responsibilities under these Orders, the
corporation must make efforts to encourage the use of minority and
women's business enterprises in connection with activities funded under
this agreement.
6. The requirement that the recipient or grantee make known that use of the
facilities and services is available to all on a nondiscriminatory basis.
Where the procedures that a recipient or grantee intends to use to make
known the availability of the ESG services are unlikely to reach persons
with handicaps or persons of any particular race, color, religion, sex or
national origin within their service area who may qualify for such services,
the recipient or grantee must establish additional procedures that will
ensure that these persons are made aware of the facility and services.
CONVAUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
14
Grantees and recipients must also adopt and implement procedures
designed to make available to interested persons information concerning
the existence and location of services and facilities that are accessible to
persons with a handicap.
B. Applicability of OMB Circulars
The policy and guideline requirements of 24 CFR Part 85 (codified pursuant to
OMB Circular No. A-102) and OMB Circular No. A-87, as they relate to the
acceptance and use of emergency shelter grant amounts by states and units of
general local government, and OMB Circular Nos. A-110 and A-112 as they
relate to the acceptance and use of emergency shelter grant amounts by private
nonprofit organizations.
C. Lead -Based Paint
The requirements as applicable, of the Lead -Based Paint Poisoning Prevention
Act (42 USC 4821 through 4846) and implementing regulations at 24 CFR Part
35. In addition, the grantee must also meet the following requirements relating
to inspection and abatement of defective lead-based paint surfaces:
(1) Treatment of defective paint surfaces must be performed before final
inspection and approval of the renovation, rehabilitation or conversion
activity under this part; and
(2) Appropriate action must be taken to protect shelter occupants from the
hazards associated with lead-based paint abatement procedures.
D. Conflicts of Interest
In addition to conflict of interest requirements in OMB Circulars A-102 and A-
110, no person
(1) Who is an employee, agent, consultant, officer, or elected or appointed
official of the City of nonprofit recipient (or any designated public agency)
that receives emergency shelter grant amounts and who exercises or has
exercised any functions or responsibilities to assisted activities or
(2) Who is in a position to participate in a decision making process or gain
inside information with regard to such activities may obtain a personal or
financial interest or benefit from the activity, or have an interest in any
contract, subcontract or agreement with respect thereto, or the proceeds
thereunder, either for him or herself or those with whom he or she has
family or business ties, during his or her tenure or for one year thereafter.
[(HUD may grant an exception to this exclusion as provided in 570.611 (d)
and (e)J.
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
15
E. Drug Free Workplace Act of 1988
Each recipient will maintain a drug free workplace in accordance with the
requirements of 24 CFR Part 24, Subpart F.
F. Intergovernmental Review
The requirements of Executive Order 12372 and the regulations issued
under the order at 24 CFR, Part 52, to the extent provided by Federal
Register notice in accordance with 24 CFR 52.3.
G. Asbestos
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.
COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT
16