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HomeMy WebLinkAboutResolution - 2601 - Agreement - WPS Inc - Emergency Shelter Funding - 06/25/1987HW:js RESOLUTION Resolution #2601 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 June , 1987. - B. C. llM....cMI N, MAYOR a ATTEST: r Kanettie boya, city secretary APPROVED AS TO CONTENT: Sandy Ogl Oree,OCommunity Development Administration APPROVED AS TO FORM: ArofidWeilard, Assistant Clity Attorney Resolution #2601 EMERGENCY SHELTER FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND WOMEN'S PROTECTIVE SERVICES OF LUBBOCK, INC. THE STATE OF TEXAS 5 COUNTY OF LUBBOCK 5 This Agreement is entered into this 25th day of June , 1987, 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 June 25, 1987, and shall terminate on June 24, 1988. 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. 1 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 state and/or 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 Twelve Thousand Six Hundred Fifteen and no/100 Dollars ($12,615.00). 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 2 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 REQUIREMENTS 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) (51 Fed Reg 45282 (December 17, 1986).) City shall not be liable to Corporation for costs incurred or performances rendered for any other activities, including but not limited to: 1. acquisition of an emergency shelter for the homeless; 2. renting commercial transient accommodations for the homeless (such as hotel or motel rooms); 3. any administrative or staffing costs other than those specified in 24 CFR Sec. 575.21(a)(3); 4. rehabilitative services, such as preparation of work specifications, loan processing, or inspections; and 5. renovating, rehabilitating, or converting buildings owned by primarily religious organizations or entities, as determined by City and/or Texas Department of Community Affairs. 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 (as determined by the Texas Department of Community Affairs) . 3 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, the Auditor of the State of Texas, the Texas Department of Community Affairs, 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 8. 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 a performance report not later than January 4, 1988 and a project completion report not later than sixty (60) days after the termination of this agreement. Such reports shall be in a format prescribed by City and shall include the amount of the funds obligated and expended in accordance with this agreement. 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 occuring or in any way incident to, arising out of, or in connection with the services to be performed by Corporation under this agreement. 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. 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 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. 5 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 and the Texas Department of Community Affairs by Corporation, and the assurances and certifications made to the Texas Department of Community Affairs by the City, and the assurances and certifications made to the United States Department of Housing and Urban Development by the State of Texas with regard to the operation of the Texas 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 Texas Department of Community Affairs, may from time to time during the period of performance of this agreement issue policy directives which serve to establish, interpret, or clarify performance requirements under this agreement. Such policy directives shall be promulgated by the Executive Director of the Texas Department of Community Affairs in the form of ESP issuances, 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 6 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 or state 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 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 7 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 Texas Department of Community Affairs, 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 Texas Department of Community Affairs may require of Corporation. SECTION 20. SPECIAL CONDITIONS A. Corporation shall not advertise or solicit bids for construction or rehabilitation of a project assisted with funds provided under this agreement until Corporation has received the applicable prevailing wage rates from City. B. Corporation shall obligate all funds provided under this agreement by November 4, 1987, and City shall recapture any funds not so obligated. City shall consider such funds obligated if Corporation has placed orders, awarded contracts, received services, or entered similar transactions that require payment from funds awarded under this agreement. C. Corporation shall ensure that any building assisted with funds provided under this agreement is maintained as a shelter for the homeless for not less than a three-year period, or not less than a ten-year period if such funds are used for major rehabilitation or conversion of the building. The applicable period shall be calculated in accordance with 24 CFR Section 575.33(b) (51 Fed Reg 45285 (December 17, 1986).) D. 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, 1 page 8 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 AB.. MCMINN, MAYOR ATTEST: Ranette oyd City -,Secretary APPROVED AS TO CONTENT: Sandy Oggietrdb Community Development Administrator APPROVED AS TO FORM: Harold Willard Assistant City Attorney WOMENIS_,PfOTECTIVE S ES OF LU INC CHAIRPERSON, BOARD OF DIREC RS 9 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, Mayor Rehabilitation/Conversion City shall provide a grant to Women's Protective Services for the sum of Six Thousand Eight Hundred Seventy Five and no/100 Dollars ($6,875.00) to convert one two-bedroom apartment into a three-bedroom unit to accommodate approximately ten persons per night. Renovation activities will consist of the removal of cabinets and sink in the kitchen area, construction of a wall to separate living room and former kitchen, and recarpeting and painting of the apartment. Matching funds of Six Thousand Eight Hundred Seventy -Five and no/100 Dollars shall be from City's Community Development Block Grant Funds. Section 2. Provision of Essential Services City shall provide a grant to the Women's Protective Services for the sum of One Thousand Forty and no/100 dollars ($1,040.00) to provide bus passes for transportation for the homeless. Matching funds of One Thousand Forty and no/100 Dollars ($1,040.00) shall be from the value of time and services contributed by volunteers to operate the homeless shelter. Section 3. 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 and no/100 Dollars ($1,200.00) for the payment of cost of utilities computed at One Hundred and no/100 Dollars ($100.00) per month for a period of twelve (12) months. Matching funds of One Thousand Two Hundred and no/100 Dollars ($1,200.00) shall be from the value of time and services contributed by volunteers. Also - Contractor shall provide a grant to the Women's Protective Services for the sum of Three Thousand Five Hundred and no/100 Dollars ($3,500.00) of contract funds to purchase necessary furnishings for converted three bedroom unit. Matching funds of Three Thousand Four Hundred Thirty One and no/100 Dollars ($3,431.00) shall be from Contractors Community Development Block Grant funds; and Sixty Nine and no/100 Dollars ($69.00) shall be from the value of time and services contributed by volunteers. U) . a0ro ty to a w ((D rn a N rt 0 n r• rt is o P-0 o N r• 3 � ttrnN• 14 H rt P) (D tr 0 0a m 0 0 m rt r• r• rt P. 0 N 46 ia w r Ln N O O O O 0 0 0 0 rilro (D n c°c r- r• 0 rn M P. ra 0 O M (D In N N p rt P. P) FJ Ift N H 0 • a rt rt 0 LQ am o 10 4 OC 0 a rt 0 P- oo 0 p Cft ma P. o 0 " ON 00 J Ln 0 0 Ir ift ift *% _M W r N cT . bD• . N . . O 00 G1 W O IP J W N O O Ln 0 0 0 . o Co o O o O O 0 O 0 rt K a 0 rt ro a N bd G G) tzi H a rt 0 :3' a In C (n C G]t:j0 C In C tr'W C G]u0 0(aa nM F J N N W H rn r n r a C rt 0 0 O r_Cr O J rt IH O O 00 U7 a Co O O o 0 0 0 0 0 0 0 0 C (n C G]t:j0 C In C tr'W C G]u0 0(aa nM 0(DA) ma ncDw cn rn � a< 0 rn r n r a C rt 0 0M rt r_Cr CC0 0(D►< o rt FJ fD rto rrt0 w rtrtn•(D NQ to 0 (D (D O M (n rh r•h b 0 (D (D O (Dm rn (D O rn b (D 0 (D o rt 0 (D O 0 m 10 rt Pi :j (H to rt m 0 rt %1:3 ff+ 03 mrtIn oB H: � �� C (D t3i C (D 3 In rt M w a Fl- r0 w n ter- rt 0 N m 0 (0i 0 b' 0 0l< as x� as x rta tr a tr (D � r• wC p, rt l< C w H H 0 H tri UI W O it L-4 m ti 0 0 H z 0 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 [51 Fed. Reg. 45278 (December 17, 1986)], 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 I through VI of this Exhibit C. I. CIVIL RIGHTS Title VI of the Civil Rights Act of 1964, (42 U.S.C. Section 2000d et seq.); 24 C.F.R. Part 1, "Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation of Title VI of the Civil Rights Act of 1964"; Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. Sec. 3601 et seq.) and implementing regulations; Executive Order 11063, as amended by Executive Order 12249, and 24 C.F.R. Part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063". The failure or refusal of Contractor to comply with the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. 107.60; The Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794); Executive Order 11246 and 41 C.F.R. Chapter 60; and Executive Orders 11625, 12432, and 12138. Contractor shall make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this contract. II. EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec. 1701u). III. UNIFORM FEDERAL ACCESSIBILITY STANDARDS For major rehabilitation or conversion, the Uniform Federal Accessibility Standards at 24 C.F.R. Part 40, Appendix A. IV. LEAD-BASED PAINT The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4821- 4846) and implementing regulations at 24 C.F.R. Part 35. V. USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS The provisions of 24 C.F.R. Part 24 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; and VI. FLOOD INSURANCE The requirements of 24 C.F.R. Sec. 575.59(8) [51 Fed. Reg. 45286 (December 17, 1986)].