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HomeMy WebLinkAboutResolution - 2017-R0225 - Women's Protective Services - 06/22/2017Resolution No.2017-R0225 Item No.6.16 June 22,2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock,an Emergency Solutions Grant Funding Agreement and related documents for funding assistance fora Rapid Rehousing Program,byand between the City of Lubbock and Women's Protective Services of Lubbock,Inc.Said Emergency Solutions Grant Funding Agreement is attached hereto and incorporated in this resolution as if fully set forth hereinand shall be includedin the minutesof the CityCouncil. Passed by the City Council on June 22.2017 DANIEL M.POPE,MAYOR ATTEST: jtXr^t^L^. Rebedca Garza,City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: tt,Assistant City Attorney ccdocs/RES.Emergency Solutions Grant Funding Agreement -Women's Protective Services of Lubbock,Inc. June 2,2017 Resolution No. 2017-RO225 CITY OF LUBBOCK COMMUNITY DEVELOPMENT DEPARTMENT EMERGENCY SOLUTIONS GRANT FUNDING AGREEMENT This Emergency Solutions Grant Funding Agreement (the "Agreement") is entered into on this 22nd day of June 2017 (the "Effective Date"), and is by and between the City of Lubbock, a Texas home rule municipal corporation (the "City"), and Women's Protective Services of Lubbock, Inc., a Texas non-profit center (the "Grantee") (collectively, the "Parties") acting by and through their respective officers. RECITALS WHEREAS, the City is obligated to do and perform certain services in its undertaking of an Emergency Solutions Grant Program pursuant to Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act codified in 42 U.S.C. 11371-11378, as amended by the Homeless Emergency and Rapid Transition to Housing Act of 2009 (Public Law 111-22) (the "HEARTH Act"); and WHEREAS, the Grantee operates a non-profit center offering, among other things, services to the homeless that meet certain funding criteria under 24 CFR §576.23 of the Emergency Solutions Regulation for Nonprofit Recipients Act; and WHEREAS, the Grantee's Rapid Rehousing Program (the "Program") serves a public purpose and is fundable by the Department of Housing and Urban Development; and WHEREAS, the City has found that the Grantee has the special expertise, knowledge, and experience necessary to execute the Program and that the City will receive adequate consideration in the form of substantial public benefit from the Program; and WHEREAS, the City desires to assist the Grantee in funding the Program by entering into this Agreement which provides for the continuing supervision of the Program by the City, together with auditing, statutory, and contractual requirements, in order that the Program's public purpose and the handling of public money are satisfactorily achieved; and, NOW, THEREFORE, FOR, AND IN CONSIDERATION OF, THE TERMS, COVENANTS, AND CONDITIONS SET FORTH IN THIS AGREEMENT, THE PARTIES HEREBY ENTER INTO THIS AGREEMENT. AGREEMENT Article 1. SCOPE OF SERVICE A. Activities The Grantee will be responsible for administering the Program during the Emergency Solutions Grant Year 2016-2017 in the manner satisfactory to the City as consistent with this Agreement. Such Program will include the activities eligible under the Emergency Solutions Grant Program. B. Program Delivery The Program will provide direct financial assistance to the Grantee's clients through rent, utilities, and security deposits. The Program will be delivered from the Grantee's facility which is equipped to serve approximately one thousand (1,000) individuals. Emergency Solutions Grant Funding Agreement —City of Lubbock & Women's Protective Services of Lubbock Page 1 C. Objective The Grantee certifies that the Program carried out with funds provided under this Agreement will meet the economic opportunity objective by providing eligible activities related to economic development, commercial revitalization, and job creation under the Emergency Solutions Grant program as defined in 24 CFR §576.21 and amended by the HEARTH Act. D. The City's Responsibilities 1. The City agrees to provide the Grantee with U.S. Department of Housing and Urban Development ("HUD") funds in an amount not to exceed five thousand dollars ($5,000) for Rapid Rehousing in return for the Grantee's execution of the Program. 2. It is expressly understood and agreed by the Parties that the City's responsibilities are contingent upon the actual receipt of all adequate funds to meet the City's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, then the City shall notify the Grantee in writing within a reasonable time after such fact is determined and the City shall terminate this Agreement and will not be liable for any failure to make payments to the Grantee under this Agreement. 3. The City shall not be liable to the Grantee for any costs incurred by the Grantee, or any portions thereof, which have been paid to the Grantee or which are subject to payment to the Grantee, or which have been reimbursed to the Grantee or which are subject to reimbursement to the Grantee by any source other than the City or the Grantee. 4. The City shall not be liable to the Grantee for any cost incurred by the Grantee which is not an allowable cost as set forth in 24 CFR §576.21 and amended by the HEARTH Act. 5. The City shall not be liable to the Grantee for any cost incurred or performance rendered by the Grantee which is not strictly in accordance with the terms of this Agreement. 6. The City shall not be liable to the Grantee for any cost incurred by the Grantee in the performance of this Agreement which has not been billed to the City by the Grantee within thirty (30) days following the termination of this Agreement. 7. The City shall not be liable for any cost incurred or performance rendered by Grantee before the commencement or after the termination of this Agreement. 8. The City shall review all work specifications prior to the beginning of the procurement process, and the City shall inspect work for compliance prior to any release of funds. E. The Grantee's Responsibilities 1. The Grantee shall conduct the Program in a satisfactory manner as determined by City as determined by the terms set forth in this Agreement and by the regulations under Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 USC §§11371-11378) as amended by the HEARTH Act. 2. The Grantee shall perform the Program in accordance with: its budget; all applicable Federal, State, and local laws, ordinances, statutes, rules, and regulations; and, the assurances, certifications, and all other terms, provisions, and requirements set forth in this Agreement. 3. The Grantee agrees to comply with HUD Outcome Performance Measurement requirements and reporting. Emergency Solutions Grant Funding Agreement — City of Lubbock & Women's Protective Services of Lubbock Page 2 4. The Grantee shall submit to the City such reports on the operation and performance of this Agreement during the Program activity timeframe, as required by the City. 5. In addition to the limitations on liability otherwise specified in this Agreement, it is expressly understood and agreed to by the Parties that if the Grantee fails to submit to the City in a timely and satisfactory manner any report required by this Agreement, then the City may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by the Grantee hereunder. If the City withholds such payments, it shall notify the Grantee in writing of its decision. Payments withheld pursuant to this paragraph may be held by the City until such time as the delinquent obligations for which funds are withheld are fulfilled by the Grantee. 6. The Grantee shall refund to the City the money which has been paid to the Grantee by the City which the City determines has resulted in overpayment to the Grantee, or which the City determines has not been spent by the Grantee strictly in accordance with the terms of this Agreement. Such refund shall be made by Grantee to City within thirty (30) days after such refund is requested by the City. 7. The Grantee shall submit to the City for review all work specifications prior to the beginning of the procurement process. The Grantee shall notify the City upon work completion for inspection prior to release of funds. 8. The Grantee will verify and certify eligibility when its activity under this Agreement qualifies as a Low -Mod Clientele program by signing and dating the City's Self Certification form. F. The Grantee's Match 1. The Grantee agrees to provide as match an amount of funds equal to the amount of funds provided by the City under this Agreement (the "Grantee's Match"). The Grantee's Match must be provided from sources other than those provided under this Agreement. The Grantee's Match is subject to review and approval by the City. 2. Amounts may be counted toward the Grantee's Match only if such amounts are costs or resources of a type and amount as computed in accordance with this subsection and as set forth in 42 USC § 11375. In calculating the amount of the Grantee's Match, the Grantee may include: the value of any donated material or building; the value of any lease on a building; any salary paid to the staff of the Grantee in carrying out the Program; and, the time and services contributed by volunteers to carry out the Program, determined at the rate as determined by HUD and approved by the City. The 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. G. Levels of Accomplishment/Goals and Performance Measures In addition to the normal administrative services required as part of this Agreement, the Grantee agrees to provide the following levels of program services: Activi Total Units per Year* Rapid Rehousing 20 *Residential and Non -Residential Individuals served Emergency Solutions Grant Funding Agreement — City of Lubbock & Women's Protective Services of Lubbock Page 3 H. Staffing Sta Member Title General Program Duties Kay Crow Deputy Director General oversight of center Monica Montelongo Essential Services Coordinator Case management Amanda McPeak Financial Administrator Bookkeeping and clerical I. Performance Monitoring 1. General — The City will monitor the Grantee's performance under this Agreement and under applicable laws and regulations. The City's monitoring will be based on a risk analysis and a monitoring plan developed at the beginning of the fiscal year. Desk monitoring will take place on a monthly and quarterly basis during Grantee's Program activity timeframe. Substandard performance as determined by the City will constitute noncompliance with this Agreement. If the Grantee fails to correct such substandard performance within a reasonable time after being notified by the City in writing, then the City may suspend or terminate this Agreement. 2. Onsite Monitoring — The number of onsite monitoring visits will be determined by the City's Community Development Department. A notification letter will be sent to the Grantee at least five (5) days before an onsite monitoring visit. A monitoring report letter will be sent to the Grantee identifying concerns and findings, if any, within fifteen (15) days after an onsite monitoring visit. The Grantee must provide a written response to the monitoring report letter within thirty (30) days describing how the Grantee will resolve any issues identified in the monitoring report letter. If no deficiencies were noted, then the Grantee must confirm receipt of the monitoring report letter within five (5) days of the receipt of the letter. Article 2. TIME OF PERFORMANCE This Agreement shall commence on the Effective Date and shall terminate on September 30, 2017 (the "Term"). The Term may be extended only with the City's written authorization. Article 3. BUDGET The budget for the Program is five thousand dollars ($5,000). The Grantee shall provide any additional budget information upon the written request of the City. Any changes to the budget must be approved in writing by the City. Line Item Amount Rapid Rehousing Program $5,000 Article 4. PAYMENT A. All payments to the Grantee shall be in the form of monthly reimbursement. Upon its request for reimbursement, the Grantee shall provide detailed source documentation that it incurred or paid for a reimbursable expense. B. It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed five thousand dollars ($5,000). The Grantee's requests for payment shall be made against the line item specified in Article 3 of this Agreement. C. The detailed source documentation required under this Article includes time sheets, paycheck stubs, receipts, invoices, billing statements, or other verification in support of all expenditures incurred or charged to the Grantee. Emergency Solutions Grant Funding Agreement — City of Lubbock & Women's Protective Services of Lubbock Page 4 D. Payments may be contingent upon certification of the Grantee's financial management system in accordance with the standards specified in 24 CFR 84. Article 5. NOTICES Communication and notice required under this Agreement shall be directed to the following: For Ci : For Grantee: Piata Bryant Kay Crow, Deputy Director City of Lubbock Women's Protective Services P. O. Box 2000 P. O. Box 54089 Lubbock, TX 79457 Lubbock, TX 79453 Article 6. SPECIAL CONDITIONS — EMERGENCY SHELTER Any building for which activities described in 24 CFR 576.21 (a)(2) or (a)(3) must be maintained as a shelter for the homeless for the period during which such assistance is provided and the building's use shall be governed by the provisions set forth in 24 CFR §576.53. A substitute site or shelter may be used during this period, so long as the same general population is served. For purposes of this Agreement, the term "same general population" means either the same types of homeless persons originally served with this Emergency Solutions Grant assistance (i.e. battered spouses) or persons in the same geographic area. Article 7. GENERAL CONDITIONS A. General Compliance The Grantee agrees to comply with Title 24 CFR Part 570 (the HUD regulations over Community Development Block Grants ("CDBG")), including subpart J and subpart K of those regulations, except that: (1) the Grantee does not assume the recipient's environmental responsibilities described in 24 CFR 570.604; and, (2) the Grantee does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Grantee also agrees to comply with all other applicable Federal, State, and local laws, regulations, and policies governing the funds provided under this Agreement. The Grantee further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The Grantee shall comply with all applicable Federal laws, regulations, and requirements and all provisions of this Agreement, which include compliance with the provisions of the Housing and Community Development Act (the "HCDA") and all rules, regulations, guidelines, and circulars promulgated by the various Federal departments, agencies, administrations, and commissions relating to the CDBG Program. The applicable laws and regulations include, but are not limited to: 24 CFR Part 570; 24 CFR Parts 84 and 85; 2 CFR Part 200; OMB Circular A-128, "Audits of State and Local Governments;" The Davis -Bacon Fair Labor Standards Act; The Contract Work Hours and Safety Standards Act of 1962; Copeland "Anti -Kickback" act of 1934; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ("URA"); Title VI of the Civil Rights Act of 1964; Public Law 88-352 implemented in 24 CFR Part 1; Fair Housing Act; Title VIII of the Civil Rights Act of 1968; Public Law 90-234 and Executive Order 11063 as amended by Executive Order 12259 (implemented in 24 CFR Part 107); Section 104(b) and 109 of the HCDA of 1974; Section 3 of the Housing and Urban Development Act of 1968; Equal employment opportunity and minority business enterprise regulations established in 24 CFR Part 570.904; Non-discrimination in employment, established by Executive Order 11246 (as Emergency Solutions Grant Funding Agreement — City of Lubbock & Women's Protective Services of Lubbock Page 5 amended by Executive Orders 11375 and 12086); Section 504 of the Rehabilitation Act of 1973 Uniform Federal accessibility Standards; The Architectural Barriers Act of 1968; The Americans With Disabilities Act of 1990 (the "ADA"); The Age Discrimination Act of 1975, as amended; National Environmental Policy of 1969 (42 USC 4321 et seq.), as amended; Lead Based paint regulations established in 24 CFR Parts 35, 570.608, &24 CFR982.401; Asbestos guidelines established in CPD Notice 90-44; HUD Environmental Criteria and Standards (24CFR Part 51); The Energy Policy and conservation Act (Public Law 94-163) and 24 CFR Part39; Historic Preservation Act of 1966, as amended, and related laws and Executive Orders; Executive Order 11988; Floodplain Management, 1977 (42 FR 26951); and, 1973 Flood Disaster Protection Act. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner to, create or establish the relationship of employer and employee between the Parties. The Grantee shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The City shall be exempt from payment of any and all of Grantee's unemployment compensation, FICA, retirement, life, medical, or workers' compensation insurance. C. Indemnity and Release 1. The Grantee shall indemnify and hold harmless, to the fullest extent permitted by law, the City, and the City's respective officers, employees, elected officials, and agents, from and against any and all losses, damages, claims, or liabilities, of any kind or nature, which arise directly or indirectly, or are related to, in any way, manner, or form, to any activity required or contemplated under this Agreement. 2. The Grantee shall pay to the City, the City's respective officers, employees, elected officials, and agents, as applicable, all attorneys' fees incurred by such parties in enforcing the Grantee's indemnity in this section. 3. The City, and its respective officers, employees, elected officials, and agents shall not be liable, and the Grantee hereby releases the City, and the City's respective officers, employees, elected officials, and agents, for, from and against any losses, damages, claims, or liabilities to the Grantee 4. The indemnity and release provided herein shall survive the termination or voidance of this Agreement. D. Remedy and Non -arbitration The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former controls. E. Insurance and Bonding 1. The Grantee shall carry sufficient insurance coverage to protect Program assets from loss due to theft, fraud, or undue physical damage, and at a minimum, shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City. Emergency Solutions Grant Funding Agreement —City of Lubbock & Women's Protective Services of Lubbock Page 6 2. The Grantee shall provide Workers' Compensation insurance coverage for all of its employees involved in the performance of this Agreement. 3. The Grantee shall comply with the bonding and insurance requirements of 24 CFR 84, Bonding and Insurance. F. Grantor Reco iQn tion The Grantee shall insure recognition of the role of the grantor agency in providing services through this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be prominently labeled as to their funding source. In addition, the Grantee will include a reference to the support provided under this Agreement in all publications that reference the Program. G. Amendments 1. The City or the 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 the Parties and approved by the City's governing body. Such amendments shall not invalidate this Agreement nor relieve or release the City or the Grantee from its obligations under this Agreement. 2. The City may, in its discretion, amend this Agreement to, among other things, conform to Federal, State, or local governmental guidelines, policies, and available funding amounts. If such amendments result in a material change to this Agreement, then such modifications will be incorporated only by written amendment signed by the Parties. H. Suspension or Termination 1. The Parties may terminate this Agreement at any time by giving written notice of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Any partial termination may only be undertaken with the prior approval of the City. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports, or other materials prepared by the Grantee under this Agreement shall, at the option of the City, become the property of the City, and the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 2. The City may suspend or terminate this Agreement, in whole or in part, if the Grantee fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein; and the City may declare the Grantee ineligible for any further participation in the City's contracts, in addition to other remedies as provided by law. If the City reasonably believes that the Grantee is in noncompliance with any applicable rules or regulations, then the City may withhold up to fifteen percent (15%) of the funds considered under this Agreement until such time as the Grantee is found to be in compliance by the City. 3. The City may terminate this Agreement in the event of an emergency or disaster, whether an act of God, natural, or manmade, by giving twenty four (24) hour notice to the Grantee. The City may give said notice verbally to Grantee. Any expenditure incurred prior to receiving notice will be reimbursed; however, in no event shall the City pay any expenses incurred after notice of termination is received by Grantee. Emergency Solutions Grant Funding Agreement —City of Lubbock & Women's Protective Services of Lubbock Page 7 Article 8. ADMINISTRATIVE REQUIREMENTS A. Financial Mann eg_ ment 1. Accounting Standards — The Grantee agrees to comply with 24 CFR 84 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles — The Grantee shall administer its program in conformance with 2 CFR Part 200, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping 1. The Grantee shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meet the National Objective of the CDBG program of benefiting low/moderate income persons; c. Records required determining the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR Part 570.502, and 24 CFR 84; and g. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. The Grantee shall retain all records pertinent to expenditures incurred under this Agreement for a period of four (4) years after the termination of all activities funded under this Agreement. Records for nonexpendable property acquired with funds under this Agreement shall be retained for four (4) years after final disposition of such property. Records for any displaced person must be kept for four (4) years after such person has received final payment. Notwithstanding the above, if there is any litigation, claim, audit, negotiation, or other action involving any of the records cited and that has started before the expiration of the four (4) year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four (4) year period, whichever occurs later. 3. The 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, description of service provided, and any other basis for determining eligibility. Such information shall be made available to the City for its review upon request. 4. Unless otherwise required by law, the Grantee understands that client information collected under this Agreement is private, and the use or disclosure of such information, when not directly connected with the administration of the City's or the Grantee's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent or guardian. Emergency Solutions Grant Funding Agreement— City of Lubbock & Women's Protective Services of Lubbock Page 8 5. The Grantee shall maintain real property inventory records that clearly identify properties purchased, improved, or sold in connection with this Agreement. Properties retained shall continue to meet eligibility criteria and shall conform with the "changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8), as applicable. 6. The Grantee's obligation to the City shall not end until all closeout requirements are completed. Closeout requirements shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City), final closeout reports, and determining the custodianship of records. 7. All of the Grantee's records with respect to any matters covered by this Agreement shall be made available to the City, grantor agency, their designees, or the Federal Government, at any time during normal business hours, as often as the City or grantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Grantee within thirty (30) days after receipt by the Grantee. Failure of the Grantee to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Grantee hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning Grantee audits and, as applicable, 2 CFR Part 200. 8. If the Grantee meets the requirements of 2 CFR Part 200, then the Grantee must submit its audits to the audit clearing house within nine (9) months after the entities fiscal year end date. C. Reporting and Payment Procedures 1. Payment Procedures — The City will pay to the Grantee funds available under this Agreement 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 the Grantee's accounts. Additionally, the City reserves the right to liquidate funds available under this Agreement for costs incurred by the City on behalf of the Grantee. 2. Performance Reports — The Grantee shall submit to the City a monthly Performance Financial Report and narrative information in a format prescribed by the City. Such report shall include the amount of funds expended for the Program. The Grantee shall submit the report no later than the twentieth (20th) day of each month of the Program. Reporting will continue from the start of program activity till the end of the program year. End of year reports are required. D. Procurement 1. Compliance — The Grantee shall comply with current City policy concerning the purchase of equipment and shall maintain inventory records of all nonexpendable 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 Agreement. 2. CFR Standards —The Grantee shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84, Procurement Standards, and shall subsequently follow Emergency Solutions Grant Funding Agreement — City of Lubbock & Women's Protective Services of Lubbock Page 9 Property Management Standards as modified by 24 CFR 570.502(b)(6), covering utilization and disposal of property. 3. Travel — The Grantee shall obtain written approval from the City for any travel funded through the grant provided under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and CFR 570,502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of twenty five thousand dollars ($25,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement, or such longer period of time as the Grantee deems appropriate. If the subrecipient fails to use CDBG assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, then the subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute Program income to the Grantee. The subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five (5) year period, or such Ionger period as the Grantee deems appropriate. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be Program income prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment not needed by the subrecipient for activities under this Agreement shall be either transferred to the Grantee for the CDBG program, or retained after compensating the Grantee an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Article 9. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Grantee agrees to comply with: (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement and Relocation Assistance Plan under Section 104(d) of the HCD Act; and, (c) the requirements in 570.606(d) governing optional relocation policies. The City may preempt the optional policies. The Grantee shall provide relocation assistance to persons, families, individuals, businesses, nonprofit organizations, and farms that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG assisted project. The Grantee also agrees to comply with applicable City ordinances, resolutions, and policies concerning the displacement of persons from their residences. Emergency Solutions Grant Funding Agreement— City of Lubbock & Women's Protective Services of Lubbock Page 10 Article 10. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance — The Grantee agrees to comply, and to require all subcontractors to comply, with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086. 2. Nondiscrimination — The Grantee will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital or familial status, or status with regard to public assistance. The Grantee will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, and selection for training, including apprenticeship. The Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause. 3. Land Covenants — This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 570.601 and 602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City and the United States are beneficiaries of and entitled to enforce such covenants. The Grantee, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 — The Grantee agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706), which prohibits discrimination against the handicapped in any Federally -assisted program. The City shall provide the Grantee with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. 5. Reports — The Grantee shall maintain a report that documents the race and ethnicity of its employees. The Grantee shall provide the City a copy with said report upon execution of this Agreement. 6. Policies — The Grantee shall maintain current copies of its fair housing and equal opportunity policies. The Grantee shall provide a copy of said policies to the City immediately upon request. B. Affirmative Action 1. Approved Plan — The Grantee agrees that it shall be committed to carry out pursuant to the City's specifications an Affirmative Action Program in keeping with the principles as provided Emergency Solutions Grant Funding Agreement— City of Lubbock & Women's Protective Services of Lubbock Page 11 in the President's Executive Order 11246 of September 24, 1965. If this Agreement allows the Grantee to receive Federal funds through the City, then the Grantee shall develop a written affirmative action program to insure that it practices equal opportunity employment. 2. Women -and Minority -Owned Business — The Grantee will use its best efforts to afford minority- and women -owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. A minority and female business enterprise means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. Minority group members are Afro-Americans; Spanish-speaking, Spanish -surnamed, or Spanish -heritage Americans; Asian -Americans; and, American Indians. The Grantee may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records — The Grantee shall furnish and cause each of its subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records, and accounts by the City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations, and provisions stated herein. 4. Notifications — The Grantee will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Grantee's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. EEO/AA Statement — The Grantee will, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions — The Grantee will include the provisions of Article 10.A. Civil Rights and 10.B. Affirmative Action in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity — The Grantee is prohibited from using funds provided herein, or personnel employed in the administration of the program, for: political activities; sectarian or religious activities; and, lobbying, political patronage, or nepotism activities. 2. Labor Standards — The Grantee agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 276a-276a-5; 40 USC 327 and 40 USC 276c) and all other applicable Federal, state, and local laws and regulations pertaining to labor standards insofar as those they apply to the performance of this Agreement. Further, the Grantee shall maintain documentation demonstrating its compliance with hour and wage requirements of this section. Such documentation shall be made available to the City for review upon request. The Grantee agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors under contract in excess of two thousand dollars ($2,000) for construction, Emergency Solutions Grant Funding Agreement — City of Lubbock & Women's Protective Services of Lubbock Page 12 renovation, or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, then nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher wage. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance — Compliance with the provisions of "Section 3" — the regulations set forth in 24 CFR 135 — and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the City, the Grantee, and any of the Grantee's subreeipients and subcontractors. Failure to fulfill these requirements shall subject the City, the Grantee, and any of the Grantee's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Grantee certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. The Grantee further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this contract is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 (of the Housing and Urban Development Act of 1968� as amended,12 U.S.C. 1701. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Grantee further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation, including reduction and abatement of lead - based paint hazards, housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation including reduction and abatement of lead -based paint hazards, housing construction, or other public construction project are given to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. Emergency Solutions Grant Funding Agreement — City of Lubbock & Women's Protective Services of Lubbock Page 13 The Grantee certifies and agrees that no contractual or other legal incapacity exists which would prevent compliance with these requirements. b. Notifications — The Grantee agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this "Section 3" provision 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" provision in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Grantee will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability — The Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of the City; provided, however, that claims for money due or to become due to the Grantee from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 2. Subcontracts a. Approvals — The Grantee shall not enter into any subcontract with any agency or individual in the performance of this Agreement without the written consent of the City. b. Monitoring— The Grantee will monitor all subcontracted services on a risk analysis basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content — The Grantee shall cause all of the provisions of this Agreement to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process — The Grantee hereby warrants that all subcontracts related to the performance of this Agreement shall be awarded on a fair and open competition basis. e. Suspension / Disbarment — The Grantee shall not enter into any subcontracts with an agency, business, or individual that has been suspended, disbarred, or otherwise excluded from federal grants. The Grantee shall maintain records demonstrating that it has reviewed potential subcontractors against the debarred and excluded list prior to committing any grant funds to a subcontract. 3. HATCH Act — The Grantee agrees that no funds provided or personnel employed under this Agreement 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. Emergency Solutions Grant Funding Agreement — City of Lubbock & Women's Protective Services of Lubbock Page 14 4. Conflict of Interest — The Grantee shall maintain written codes of conduct that govern the performance of its employees engaged in the award and administration of contracts. Said codes of conduct shall be in compliance with 24 CFR 84.42. Further, the Grantee covenants that it presently has no financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Grantee further covenants that, in the performance of this Agreement, no person having such a financial interest shall be employed or retained by the Grantee hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, elected official, or appointed official of the City, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. 5. Lobbying — The Grantee hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly; and d. 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, USC. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. 6. Copyright — If this Agreement results in any copyrightable material or inventions, the City or grantor agency reserves the right to a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work or materials for government purposes. 7. Religious Organization — The Grantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR 570.2000). Emergency Solutions Grant Funding Agreement —City of Lubbock& Women's Protective Services of Lubbock Page 15 Article 11. ENVIRONMENTAL CONDITIONS A. Air and Water The Grantee agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: 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, and, Environmental Protection Agency regulations pursuant to 40 C.F.R., Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Grantee shall assure that, for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes including rehabilitation. C. Lead -Based Paint The Grantee agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35 and will comply with all applicable requirements. D. Asbestos The City agrees to comply with the Texas Asbestos Health Protection Act set forth at Article 4477- 3a Section 12 of the Texas Civil Statutes and the National Emission Standard for Asbestos Regulations set forth at 40 CFR Part 61. E. Historic Preservation The Grantee agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on a Federal, State, or local historic property list. Article 12. SEVERABILITY 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. Article 13. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. Article 14. WAIVER, The Grantee's failure to act with respect to a breach by the subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Emergency Solutions Grant Funding Agreement — City of Lubbock & Women's Protective Services of Lubbock Page 16 Article 15. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Grantee and the subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the subrecipient with respect to this Agreement. THIS AGREEMENT IS HEREBY EXECUTED BY THE PARTIES ON THIS DAY OF 111np , 2017. SIGNATURES CITY OF LUBBOCK WOMEN'S PROTECTIVE SERVICES OF LUBBOCK, INC. DANIEL M. POPE4rMAYOR ATTEST: FED. I.D. # 75-1633066 d Reb t a Garza, City Secretar APPROVED AS TO CONTENT: Karen Murfee, Community Devel ment Director APPROVED AS TO FORM: �i Emergency Solutions Grant Funding Agreement —City of Lubbock & Women's Protective Services of Lubbock Page 17 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-224986 Date Filed: 06/16/2017 Date Acknowledged: 06/16/2017 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Women's Protective Services of Lubbock, Inc. Lubbock, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13432 Personnel expenses, Rapid Rehousing, and Special Assistance to clients 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.etnics.state.tx.us Vcioiuii V1.U.00J