HomeMy WebLinkAboutResolution - 2762 - Funding Agreement - WPS Inc - ESG Program, Homeless Shelter Renovations - 02/25/1988Resolution P-2762
February 2.5, 1.988
Item 19
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 Emergency Shelter Funding Agreement by and
between the City of Lubbock and Women's Protective Services
of Lubbock, Inc., attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 25th day of February
1988.
B. C. MCMINN, MAYOR
ATTEST:-
Ranett Boyd, City Secretary
APPROVED -AS TO CONTENT:
1. d'L /, jt4 ,A,
Sandy 0ettee, Community
Development Administrator
APPROVED AS TO FORM:
JArnes P. Brewster
vil Trial Attorney
Resolution 2762
EMERGENCY SHELTER FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK AND
WOMEN'S PROTECTIVE SERVICES OF LUBBOCK, INC.
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement is entered into this 25th day of Feb ,
1988, between the City of Lubbock, Texas, a home rule municipal
corporation, hereinafter called "City" and Women's Protective Services
of Lubbock, Inc., a nonprofit corporation incorporated under the laws
of the State of Texas, hereinafter called "Corporation."
WITNESSETH:
WHEREAS, the City is obligated to do and perform certain services
in its undertaking of an Emergency Shelter Grants Program pursuant to
the Homeless Housing Act of 1986 (Title V of Public Law 99-500); and
WHEREAS, the Corporation is a nonprofit corporation 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 575.23(b) of
the Emergency Shelter Regulation for Nonprofit Recipients; and
WHEREAS, the renovation, major rehabilitation and conversion of
facilities for the homeless, provision of essential services for the
homeless, and the payment of maintenance, operation (excluding staff),
insurance, utilities and furnishing are fundable by the Department of
Housing and Urban Development; and
WHEREAS, the provision of shelter and services to the homeless is
the predominant purpose of the 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;
NOW THEREFORE, the City and Corporation do hereby mutually agree
as follows:
SECTION 1. AGREEMENT PERIOD
This agreement shall commence on February 25, 1988, and shall
terminate on March 30, 1989.
SECTION 2. CORPORATION PERFORMANCE
Corporation shall conduct, in a satisfactory manner as determined by
City, an Emergency Shelter Grants Program pursuant to the Homeless
Housing Act of 1986 (Title V of Public Law 99-500), hereinafter
'referred to as the Act. Corporation 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 Applicable Laws and Regulations, hereinafter referred
to as Exhibit C; the assurances, certifications, and all other
statements made by Corporation in its application for the project
funded under this agreement; and with all other terms, provisions, and
requirements set forth in this agreement.
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SECTION 3. CITY OBLIGATIONS
A. In consideration of full and satisfactory performance of the
activities referred to in Section 2 of this agreement, City shall
be liable for actual and reasonable costs incurred by Corporation
during the agreement period for performances rendered under this
agreement by Corporation, subject to the limitations set forth in
this Section 3.
1. It is expressly understood and agreed by the parties hereto
that City's obligations under this Section 3 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 Corporation 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 Corporation under this agreement.
2. City shall not be liable to Corporation for any costs
incurred by Corporation, or any portions thereof, which have
been paid to Corporation or which are subject to payment to
Corporation, or which have been reimbursed to Corporation or
which are subject to reimbursement to Corporation by any
source other than City or Corporation.
3. City shall not be liable to Corporation for any costs
incurred by Corporation which are not allowable costs, as
set forth in Section 5(B) of this agreement.
4. City shall not be liable to Corporation for any costs
incurred by Corporation or for any performances rendered by
Corporation which are not strictly in accordance with the
terms of this agreement, including the terms of Exhibit A,
Exhibit B, and Exhibit C of this agreement.
5. City shall not be liable to Corporation for any costs
incurred by Corporation in the performance of this agreement
which have not been billed to City by Corporation within
sixty (60) days following termination of this agreement.
6. City shall not be liable for costs incurred or performances
rendered by Corporation before commencement of this
agreement or after termination of this agreement.
B. Corporation shall refund to City any sum of money which has been
paid to Corporation by City which City determines has resulted in
overpayment to Corporation, or which City determines has not been
spent by Corporation strictly in accordance with the terms of
this agreement. Such refund shall be made by Corporation to City
within thirty (30) working days after such refund is requested by
City.
C. Notwithstanding any other provision of this agreement, the total
of all payments and other obligations incurred by City under this
agreement shall not exceed the sum of Twenty -Five Thousand Four
Hundred and no/100 Dollars ($25,400.00).
SECTION 4. METHOD OF PAYMENT
A. Corporation shall submit to City a properly completed Community
Development Request for Funds form monthly. City shall determine
the reasonableness of each amount requested and shall not make
disbursement of any such payment until City has reviewed and
approved such Request.
B. Notwithstanding the provisions of Section 4(A) of this agreement,
it is expressly understood and agreed by the parties hereto that
payments under this agreement are contingent upon Corporation's
full and satisfactory performance of its obligations under this
contract.
C. It is expressly understood and agreed by the parties hereto that
any right or remedy provided for in this Section 4 or in any
other provision of this agreement shall not preclude the exercise
of any other right or remedy under this agreement or under any
provision of law, nor shall any action taken in the exercise of
any right or remedy be deemed a waiver of any other rights or
remedies. Failure to exercise any right or remedy hereunder
shall not constitute a waiver of the right to exercise that or
any other right or remedy at any time.
SECTION 5. UNIFORM ADMINISTRATIVE RE UIREMENTS AND COST PRINCIPLES
A. Corporation shall comply with Office of Management and Budget
(OMB) Circular No. A-110.
B. The allowability of costs incurred for performances rendered
hereunder by Corporation shall be determined in accordance with
OMB Circular No. A-122. Notwithstanding any other provision of
this agreement, City shall only be liable to Corporation for
costs incurred or performances rendered for activities specified
in 24 CFR Sec. 575.21(a) (52 Fed Reg 38864 (October 19, 1987).)
City shall not be liable to Corporation for costs incurred or
performances rendered for any other activities, including but not
limited to:
1. acquisition or construction of an emergency shelter for the
homeless;
2. the cost of staff involved in overseeing the operation of
the shelter; or
3. rehabilitation services performed by City or Corporation's
staff, such as preparation of work specifications, loan
processing, or inspections; and
4. renovation, rehabilitation, or conversion of buildings owned
by primarily religious organizations or entities, unless the
conditions of 24 CFR 575.21(b)(2) are met.
SECTION 6. CORPORATION'S MATCH
A. Corporation shall be liable to City for providing 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 Corporation's match.
B. Amounts may be counted toward Corporation'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 Corporation's match, Corporation may include the value
of any donated material or building; the value of any lease on a
building; any salary paid to staff of Corporation 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. Corporation shall
determine the value of any donated material or building, or any
lease using any method reasonably calculated to establish a fair
market value.
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SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Corporation shall comply with the retention and custodial
requirements for records specified in Attachment C of OMB
Circular No. A-110.
B. Corporation shall give the United States Department of Housing
and Urban Development, the Inspector General, the Comptroller
General of the United States, and City, or any of their duly
authorized representatives, access to and the right to examine
all books, accounts, records, reports, files, and other papers,
things or property belonging to or in use by Corporation
pertaining to this agreement. Such right shall continue as long
as the records are retained by Corporation.
SECTION 8. REPORTING REQUIREMENTS
A. Corporation 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, the reports specified in this
Section B.
B. Corporation 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 by the Community Development Administrator regarding
the performance of the Corporation's activities.
C. Corporation shall submit to City an annual performance report.
Such reports shall be in a format prescribed by City and shall
include the amount of the funds obligated and expended for each
of the three categories of eligible activities described in
575.21(a)(1),(2) and (3).
The initial annual performance report is required for the period
ending December 31 following the execution of this agreement, and
is due no later than 10 days after December 31. Corporation must
continue to submit this report annually until all emergency
shelter grant amounts are reported as expended.
D. In addition to the limitations on liability otherwise specified
in this agreement, it is expressly understood and agreed by the
parties hereto that if Corporation 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 Corporation hereunder. If City withholds such
payments, it shall notify Corporation 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
Corporation.
SECTION 9. MONITORING
City reserves the right to perform periodic on-site monitoring of
Corporation's compliance with the terms and conditions of this
agreement, and the adequacy and timeliness of Corporation's
performances under this agreement. After each monitoring visit, City
shall provide Corporation with a written report of the monitor's
findings. If the monitoring report notes deficiencies in
Corporation's performances under the terms of this agreement, the
monitoring report shall include requirements for the timely correction
of such deficiencies by Corporation. Failure by Corporation to take
action specified in the monitoring report may be cause for suspension
or termination of this agreement, as provided in Sections 17 and 18
of this agreement.
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City
is contracting with Corporation as an Independent Contractor, and that
Corporation, as such, agrees to hold City harmless and to indemnify
City from and against any and all claims, demands, and causes of
action of every kind and character which may be asserted by any third
party occurring or in any way incident to, arising out of, or in
connection with the services to be performed by Corporation under this
agreement, its use or occupancy of the emergency shelter structure, or
by the negligence of its agents or employees. Corporation shall give
to City prompt and timely written notice of any claim instituted which
in any way, directly or indirectly, contingently or otherwise, affects
or might affect City, and City shall have the right to compromise and
defend same to the extent of its own interests.
The Corporation shall not at any time or in any manner represent that
it or any of its agents or employees are in any manner agents or
employees of the City.
SECTION 11. SUBCONTRACTS
A. Corporation shall only subcontract for performances described in
this agreement to which the federal labor standards requirements
apply after Corporation has submitted a Subcontractor Eligibility
form, as specified by City, for each such approval, based on the
information submitted, of Corporation's intent to enter into such
proposed subcontract. Corporation, in subcontracting for any
performances described in this agreement, expressly understands
that in entering into such subcontracts, City is in no way liable
to Corporation's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically
the requirement that Corporation obtain City's prior written
approval of a subcontractor's eligibility, be construed as
relieving Corporation of the responsibility for ensuring that the
performances rendered under all subcontracts are rendered so as
to comply with all of the terms of this agreement, as if such
performances rendered were rendered by Corporation.
C. City's approval under Section 11 does not constitute adoption,
ratification, or acceptance of Corporation's or subcontractor's
performance hereunder. City maintains the right to insist upon
Corporation's full compliance with the terms of this agreement,
and by the act of approval under this Section 11, City does not
waive any right of action which may exist or'.which may
subsequently accrue to City under this agreement.
D. Corporation shall comply with all applicable federal, state, and
local laws, regulations, and ordinances for making procurements
under this contract, including Circular No. A-110, Attachment O
Procurement Standards.
E. City shall maintain an escrow retainage in the amount of five
percent (5%) of each rehabilitation subcontract entered into by
Corporation until City determines that the federal labor
standards applicable to each such subcontract have been
satisfied.
SECTION 12. CONFLICT OF INTEREST
In addition to the requirements of OMB Circular No. A-110, Corporation
shall ensure that no person who is an employee, agent, consultant,
officer, or elected or appointed official of City or Corporation, who
exercises or has exercised any functions or responsibilities with
respect to activities performed pursuant to this agreement, or 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
5
an interest in any contract, subcontract, or agreement with respect
thereto, or the proceeds thereunder, either for himself or herself or
those with whom he or she has family or business ties, during his or
her tenure or for one year thereafter.
SECTION 13. LEGAL AUTHORITY
A. Corporation assures and guarantees that Corporation possesses the
legal authority to enter into this agreement to receive funds
authorized by this agreement, and to perform the services
Corporation has obligated itself to perform hereunder.
B. The person or persons signing and executing this agreement on
behalf of Corporation, or representing themselves as signing and
executing this agreement on behalf of Corporation, do hereby
warrant and guarantee that he, she or they have been duly
authorized by Corporation to execute this agreement on behalf of
Corporation and to validly and legally bind Corporation to all
terms, performances, and provisions herein set forth.
C. City shall have the right to suspend or terminate this agreement
if there is a dispute as to the legal authority of either
Corporation or the person signing this agreement to enter into
this agreement or to render performances hereunder. Corporation
is liable to City for any money it has received from City for
performance of the provisions of this agreement if City has
suspended or terminated this agreement for reasons enumerated in
this Section 13.
SECTION 14. LITIGATION AND CLAIMS
Corporation shall give City immediate notice in writing of 1) any
action, including any proceeding before an administrative agency,
filed against Corporation arising out of the performance of any
subcontract hereunder; and 2) any claim against Corporation, the cost
and expense of which Corporation may be entitled to have reimbursed by
City. Except as otherwise directed by City, Corporation shall furnish
immediately to City copies of all pertinent papers received by
Corporation with respect to such actions or claims.
SECTION 15. SECTARIAN ACTIVITY
None of the performances rendered by Corporation under this agreement
shall involve and no portion of the funds received by Corporation
under this agreement shall be used in support of any sectarian or
religious activity, nor shall any facilities used�in the performance
of this agreement be used for sectarian instruction or as a place of
religious worship.
SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this agreement, any
alternations, additions, or deletions to the terms of this
agreement shall be by amendment hereto in writing and executed by
both parties to this agreement.
B. It is understood and agreed by the parties hereto that
performances under this agreement must be rendered in accordance
with the Act, the regulations promulgated under the Act, the
assurances and certifications made to City by Corporation, and
the assurances and certifications made to the United States
Department of Housing and Urban Development by the City with
regard to the operation of the Emergency Shelter Grants Program.
Based on these considerations, and in order to ensure the legal
and effective performance of this agreement by both parties, it
is agreed by the parties hereto that the performances under this
contract may be amended in the following manner: City, on behalf
of the Department of Housing and Urban Development, may from time
to time during the period of performance of this agreement issue
6
policy directives which serve to establish, interpret, or clarify
performance requirements under this agreement. Such policy
directives shall be promulgated by the U.S. Department of Housing
and Urban Development, shall have the effect of qualifying the
terms of this agreement, and shall be binding upon Corporation,
as if written herein, provided however, that said policy
directives shall not alter the terms of this agreement so as to
release City of any obligation specified in Section 3 of this
agreement to reimburse costs incurred by Corporation prior to the
effective date of said policy directives.
C. Any alterations, additions, or deletions to the terms of this
agreement which are required by changes in Federal law or
regulations are automatically incorporated into this agreement
without written amendment hereto, and shall become effective on
the date designated by such law or regulation.
D. Notwithstanding Subsection A of this Section 16, Corporation may
make transfers of funds between or among budget categories of
Exhibit B, Budget, without requiring an amendment to this
contract, or otherwise requiring City's prior written approval
provided that:
1. The cummulative dollar amount of all transfers among direct
budget categories is equal to or less than five percent (5%)
of the total amount of this contract as specified in Section
3(c) herein;
2. The transfer will not change the scope or objective of the
projects funded under this contract; and
3. Corporation submits a budget revision report to City, on a
form specified by City, simultaneously with the submission.
of Corporation's first Request for Funds form following any
such transfers made in accordance with this Subsection D.
SECTION 17. SUSPENSION
Notwithstanding the provisions of Texas Civil Statutes, Article 601f,
in the event that Corporation fails to comply with any term of this
agreement, City may, upon written notification to Corporation, suspend
this agreement in whole or in part and withhold further payments to
Corporation, and prohibit Corporation from incurring additional
obligations of funds under this agreement.
SECTION 18. TERMINATION
A. City shall have the right to terminate this agreement, in whole
or in part, at any time before the date of completion specified
in Section 1 of this agreement whenever City determines that
Corporation has failed to comply with any term of this agreement.
City shall notify Corporation in writing prior to the thirtieth
(30th) day preceding the date of termination of such
determination; the reasons for such termination; the effective
date of such termination; and in the case of partial termination,
the portion of the contract to be terminated.
B. Either of the parties to this agreement shall have the right to
terminate this agreement, in whole or in part, when both parties
agree that the continuation of the activities funded under this
agreement would not produce beneficial results commensurate with
the further expenditure of funds; provided that both parties
agree, in writing, upon the termination conditions, including the
effective date of such termination; and in the case of partial.
termination, the portion of the agreement to be terminated.
C. Upon termination or receipt of notice to terminate, whichever
occurs first, Corporation shall cancel, withdraw, or otherwise
terminate any outstanding orders or subcontracts related to the
7
performance of this agreement or the part of this agreement to be
terminated, and shall cease to incur costs thereunder. City
shall not be liable to Corporation or to Corporation's creditors
for costs incurred after termination of this agreement.
D. Notwithstanding any exercise by City of its rights of suspension
under Section 17 of this agreement, or of early termination
pursuant to this Section 18, Corporation shall not be relieved of
any liability to City for damages due to City by virtue of any
breach of this agreement by Corporation. City may withhold
payments to Corporation until such time as the exact amount of
damages due to City from Corporation is agreed upon or is
otherwise determined.
SECTION 19. AUDIT
A. City reserves the right to conduct a financial and compliance
audit of funds received and performances rendered under this
agreement. Corporation agrees to permit City, the U.S.
Department of Housing and Urban Development, or their authorized,
representatives to audit Corporation's records and to obtain any
documents, materials, or information necessary to facilitate such
audit.
B. Corporation understands and agrees it shall be liable to City for
any costs disallowed pursuant to financial and compliance
audit(s) of funds received under this agreement. Corporation
further understands and agrees that reimbursement to City of such
disallowed costs shall be paid by Corporation from funds which
were not provided or otherwise made available to Corporation
under this agreement.
C. Corporation shall take such action to facilitate the performance
of such audit or audits conducted pursuant to this Section 19 as
City or the U.S. Department of Housing and Urban Development may
require of Corporation.
SECTION 20. SPECIAL CONDITIONS
A. Rehabilitation/Contracting and Labor Requirements
Corporation agrees to solicit for construction work through the
competitive bid process. The competitive bid process shall
include formal advertisement, acceptance of sealed bids, and the
public opening of those bids. City retains the right to review
all bids prior to contract award. Prior to award of the contract
to the lowest responsible bidder, City will obtain a contractor's
clearance from the Department of Housing and Urban Development.
In the event the low bid contractor is ineligible, the contract
shall be awarded to the lowest eligible bidder.
City will provide Grantee with a copy of the current U.S.
Department of Labor's Wage Determination. This wage
determination shall be made a part of the bid and contract
documents as required by the Davis -Bacon Act.
All contracts in excess of $2,000 for construction or repair
awarded by Corporation shall include:
1. A provision for compliance with the Copeland "Anti -Kick
Back" Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR, Part 3);
2. A provision for compliance with the Davis -Bacon Act (40
U.S.C. 276a to a-7) and as supplemented by Department of
Labor regulations (29 CFR, Part 5); and
3. A provision for compliance with sections 103 and 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
8
330) as supplemented by Department of Labor regulations (29
CFR, Part 5).
City agrees to conduct a pre -construction conference for the
purpose of reviewing the Davis -Bacon Act, the Contract Work Hours
and Safety Standards Act, and other applicable federal, state and
local labor requirements with the contractor.
B. Use as an Emergency Shelter
1. Any building for which emergency shelter grant amounts are
used for one or more of the eligible activities described in
24 CFR 575.21 (a)(1) and (3) must be maintained as a shelter
for the homeless for not less than a three-year period, or
for not less than a 10 -year period if the grant amounts are
used for major rehabilitation or conversion of the building.
Using emergency shelter grant amounts for eligible
activities in 24 CFR 575.21 (a) (2) does not trigger either
the three- or ten-year period.
2. The three- and 10 -year periods referred to in paragraph B(1)
of this section begin to run:
a) In the case of a building that was not operated as an
emergency shelter for the homeless before receipt of
grant amounts under this part, on the date of initial
occupancy as an emergency shelter for the homeless.
b) In the case of a building that was operated as an
emergency shelter before receipt of grant amounts under
this part, on the date that grant amounts are first
obligated to the shelter.
C. Building Standards
Any building for which emergency shelter grant amounts are used
for renovation, conversion, or major rehabilitation must meet
local government code, safety and sanitation standards.
D. Deadlines for Using Grant Amounts
Corporation shall expend, and request reimbursement by City, all
funds provided under this agreement by May 29, 1989.
E. Religious Activities
Corporation shall ensure that activities performed under this
agreement shall be carried on in a manner free from religious
influence.
SECTION 21. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this
agreement relating to the subject matter of this agreement that
were made prior to the execution of this agreement have been
reduced to writing and are contained in this agreement.
B. The attachments enumerated and denominated below are hereby made
a part of this agreement, and constitute promised performances by
Corporation in accordance with Section 2 of this agreement.
1. Exhibit A, Performance Statement, 1 page
2. Exhibit B, Budget, 1 page
3. Exhibit C, Applicable Laws and Regulations, 2 pages
For purposes of determining venue and the law governing this
agreement, activities under this agreement are performed in the City
and County of Lubbock, State of Texas.
9
This agreement contains the entire agreement of the parties; and no
representations, inducements or other covenants between the parties
not included herein shall be of any force or effect.
IN WITNESS WHEREOF, the City and the Corporation have executed
this Agreement as of the first day above written.
CITY OF LUBBOCK
C.
Y
C.
MC INN, MAYOR
ATTEST:
Ranett oyd
City Secretary,
APPROVED AS TO CONTENT:
Sandy Oq9etreb
Community Development Administrator
APPROVED AS TO FORM:
esP. Brewster
Civil Trial Attorney
10
WOMEN'S OTECTI CES
OF LU I
TH-A-IRIPERSON, BOARD OF DIRECTORS
ATTEST:
EXHIBIT A
PERFORMANCE STATEMENT
WOMEN'S PROTECTIVE SERVICES OF LUBBOCK, INC.
Corporation shall carry out the following activities as described
in its 1987 Emergency Shelter Grants Program application:
Section 1. Renovation, Major Rehabilitation/Conversion
City shall provide a grant to Women's Protective Services for the
sum of Twenty Two Thousand Nine Hundred Forty Eight and 04/100
Dollars ($22,948.04) for the removal of cabinets and sinks in the
kitchen area of Ten (10) units, recarpet and paint the affected
kitchen areas, installation of Eighty (80) storm windows, and
purchase of Eleven (11) solid core doors and locks. Matching
funds of Twenty Two Thousand Seven Hundred Seventeen and 04/100
Dollars ($22,717.04) shall be from the value of the shelter
building, and Two Hundred Thirty One and no/100 Dollars ($231.00)
shall be from the value of donated labor.
Section 2. Payment of Maintenance, Operation (including rent,
but excluding staff), Insurance, Utilities, and
Furnishings
City shall provide a grant to Women's Protective Services for the
sum of One Thousand Two Hundred Twenty Three and 18/100 Dollars
($1,223.18) for liability insurance. Matching funds of One Thou-
sand Two Hundred Twenty Three and 18/100 Dollars ($1,223.18)
shall be from the value of the shelter building.
Also, City shall provide a grant to Women's Protective Services
for the sum of One Thousand Two Hundred Twenty Eight and 78/100
Dollars ($1,228.78) for the purchase, installation and 4.17
months of operation (calculated at a rate of Two Hundred Twenty
Nine and no/100 Dollars ($229.00) per month) of a telephone sys-
tem. Matching funds of One Thousand Two Hundred Twenty Eight and
78/100 Dollars ($1,228.78) shall be from the value of the shelter
building.
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EXHIBIT C
APPLICABLE LAWS AND REGULATIONS
Contractor shall comply with the Act specified in Section 3 of this
contract and with the rules and regulations promulgated thereunder at
24 C.F.R. Part 575 [52 Fed. Reg. 38864 (October 19, 1987)], and any
revisions thereto; the OMB Circulars and the Management Standards
specified in Section 5 of this contract; Treasury Circular 1075 (31
C.F.R. part 205); and with all other federal, state, and local laws
and regulations applicable to the activities and performances rendered
by Contractor under this contract including, but not limited to, the
laws and the regulations promulgated thereunder and specified in
Section A through H of this Exhibit C.
A. Nondiscrimination and Equal Opportunity
B.
1. The requirements of Title VIII of the Civil Rights Act of
1968, 42 U.S.C. 3601 through 3619, and implementing
regulations; Executive Order 11063 and implementing
regulations at 24 CFR Part 107; and Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2002d through 2000d-4) and
implementing regulations issued at 24 CFR Part 1;
2. The prohibitions against discrimination on the basis of age
under the Age Discrimination Act of 1975 (42 U.S.C. 6101-
6107) and the prohibitions against discrimination against
handicapped individuals under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794);
3. The requirements of Executive Order 11246 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 U.S.C. 1701u (see S 570.607(b)
of this chapter); and
5. The requirements of Executive Orders 11625, 12432, 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 of any particular race, color, religion, sex or
national origin 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.
7. The requirement 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
§52.3.
Applicability of OMB Circulars
The policies, guidelines and requirements of 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.
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C. Uniform Federal Accessibility Standards
For major rehabilitation or conversion, the Uniform Federal
Accessibility Standards at 24 CFR Part 40, Appendix A.
D. Lead -Based Paint
The requirements as applicable, of the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. 4821 through 4846) and implementing
regulations at 24 CFR Part 35.
E. Conflicts of Interest
In addition to conflict of interest requirements in OMB Circular
A-110, no person
1) who is an employee, agent, consultant, officer, or elected
or appointed official of the City or 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, subcontractor 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).
F. Use of Debarred, Suspended, or Ineligible Contractors
The provisions of 24 CFR Part 4 relating to the employment,
engagement of services, awarding of contracts, or funding of any
contractors or subcontractors during any period of debarment,
suspension, or placement in ineligibility status.
G. Flood Insurance
No site proposed on which renovation, major rehabilitation, or
conversion of a building is to be assisted under this part, may
be located in an area that has been identified by the Federal
Emergency Management Agency (FEMA) as having special flood
hazards, unless the community in which the.area is situated is
participating in the National Flood Insurance Program and the
regulations thereunder (44 CFR Parts 59 through 79) or less than
a year has passed since FEMA notification regarding such hazards,
and the corporation will ensure that flood insurance on the
structure is obtained in compliance with section 102(a) of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.).
H. Audit
Private nonprofit organizations are subject to the audit
requirements of OMB Circular A-110.
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