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HomeMy WebLinkAboutResolution - 736 - Grant Statement - CSA - FY 81 Energy Crisis Intervention Program - 02/26/1981I DGV/Pg RESOLUTION #736 - 2/oli/81 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 a Statement of CSA Grant for Fiscal Year 81 Energy Crisis Intervention Program 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 26th day of February ,1981. r BIL ALISTER, MAYOR ATTEST,.., Evelyn Gaffga, City S ry-Treasurer APPROVED AS TO CONTENT: Eliseo Solis, Community Services Director APPROVED AS TO FORM: G. Vandiver, Assistant City Attorney COMMUNITY SERVICES ADMINISTRATION STATEMENT OF CSA GRANT (OEO lastraetion 6710-1) Reserved for OMB Approval 1. NAME AND ADDRESS OF GRANTEE Ciel of Lubbock �-7 Community Services Dept. PO BOX 2000 Lubbock, TX 79457 2. GRANTEE NO. 60160 FUND SOURCE CODE � P FFY I 81 ACTION No. I O1 a. EFFECTIVE DATE October 1, 1980, Subject to Governor's Consent 4. OBLIGATION DATE (Date mailed toCovemororCrantee) 19 JAN 1981 . a. PROGRAM YEAR FROM 10/1/80 TO 9/30/81 P. A. NO. •, PROGRAM ACTIVITY CODE 7. PROGRAM ACCOUNT NAME /. FEDERAL FUNDS AWARDED THIS ACTIONma1 i. REQUIRED NON-FEDERAL SNARE TERMI- NATION DATE (If appli- cable) 12. PLANNED MINIMUM NO. MON TNS FUNDING PROVIDED 13. % 10. .. AMOUNT It. FY 81 Energy Crisis Intervention Program 30,000 na OL 12 TOTAL 30,000 14. RECOMMENDATION FOR APPROVAL I certify to the sufficiency of this grant and recommend approval. TYPED NAME & TITLE OF RECOMMENDING OFFICIAL SIGNATURE DATE Roy A. Harlan Acting Regional Director IS. STATEMENT OF CSA APPROVAL Federal funds as shown in Column 9, are hereby obligated for the program proposed by the grantee as noted above and in the attachments to this statement. Program at -count budgets may be modified by the grantee only under general flexibility guidelines or in accordance with written CSA approval. The Nan -Federal Share may be met by pooling as allowed by CSA Instructions. FINAL APPROVAL OF HEADQUARTERS OFFICIAL SIGNATURE OF APPROVING OFFICIAL DATE Roy A. Harlan Acting Regional Director 16. GRANTEE ACCEPTANCE OF GRANT On behalf of the grantee, I accept the grant and all modifications, general conditions, special conditions I through—,+ , and requirements attached hereto. There are pages attached to this form. ACCEPTED BY: (Typed name and title of authorized official SIGNATUR DATE Bill McAlister, Mayor 11/ A 1 2/26/81 CSA FORM 314 (Test) MAY 75 (REPLACES OEO FORM 314. DAT O AUG 71. WHICH MAY SE USED UNTIL JUN 19 1976.) i COMMUNITY SERVICES ADMINISTRATION — COMMUNITY ACTION PROGRAM SPECIAL CONDITION 1. HANE OF GRANTEE L GRANT NO. PROGRAM YR. ACTION NO. City of Lubbock 60160 - 81 02 a. SPECIAL CONDITION APPLIES TO: a. Q ALL PROGRAM ACCOUNTS IN GRANT ACTION `. (BONLY PROGRAM ACCOUNT NUMBERIS) 80 'Ibis Bract is subject to the special Condition below. in addition to the applicable General Conditions govcrcing gents under Title 11 or IIT-$ of the Economic Opportunity Act of 1964 as amended. PRIOR TO EXPENDITURE OF F�1ND6, the fi�1 al q Form 440 report for the Heat Assistance Program, and the 3rd Quarter anr4th Quarter Report for FY 80 Energy Crisis Assistance Program (ECAP) must be submitted to the Regional Office and confirmation given by Regional Office as to receipt of and acceptability. CAP FORM 29 (REV. DEC. 79) 1P COMMUNITY SERVICES ADMINISTRATION — COMMUNITY ACTION PROGRAM SPECIAL CONDITION 1. NAME OF GRANTEE 2. GRANT NO. PROGRAM YR. ACTION NO. City of Lubbock, Community Services Dept. 60160 - gl X 01 2. SPECIAL CONDITION APPLIES TO: a. Q ALL PROGRAM ACCOUNTS IN GRANT ACTION b. Q ONLY PROGRAM ACCOUNT NUMeER(S) nn Ibis grant is subject to the special Condition below, in addition to the applicable General Conditions governing grants under Title lI or III-$ of the Economic Opportunity Act of 1964 as ascended. PRIOR TO EXPENDITURE OF FUNDS, the grantee will submit to this office the Final CSA Form 440 report as required by FY 80 ECAP guidelines. This report will cover only the initial grant made directly to the grantee by CSA. In addition, the grantee is required to submit to TDCA its Final Report on ECAP supplemental funds. 7q,-�letter shall be sent to the Regional Office stating the date the Final 440 was submitted to TDCA. CAP FORM 29 (REV. DEC. 79) COMMUNITY SERVICES ADMINISTRATION — COMMUNITY ACTION PROGRAM {� SPECIAL CONDITION 1. NAME OF GRANTEE 2. GRANT NO. PROGRAM YR. ACTION NO. City of Lubbock, Community Services Dept. 60160 - 81 / 01 L SPECIAL CONDITION APPLIES TO: a. 0 ALL PROGRAM ACCOUNTS IN GRANT ACTION b. )M ONLY PROGRAM ACCOUNT NUMBERIS) — an This grant is subject to the Special Condition below, in addition to the applicable General Conditions governing grants under Title lI or IU -8 of the Economic Opportunity Act of 1964 as amended. PRIOR TO EXPENDITURE OF FUNDS, the grantee shall complete coordinating with Clearinghouses) as required by Office of Management and Budget Circular A-95 and Community Services Administration Instruction 6710-3a. CSA reserves the right to modify a grantee's program up to and including full or partial deobligation of funds, if it deems documented clearinghouse comments warrant such action. PRIOR TO EXPENDITURE OF FUNDS the grantee will submit to this office a copy of the FY 79 CIP Final Report which was required under the FY 79 CIP guidelines. This Final CSA Form 440 report must contain the information as called for in the FY 79 CIP guidelines. WITHIN 30 DAYS FROM RECEIPT OF THIS ACTION, grantee will provide CSA Form 419, Summary of Work Programs and Budget, which will address at a minimum the manner in which it will implement this program in the areas of (1) Access, (2) Community Mobilization Activities, (3) Direct Services and (4) Community Planning and Education. The grantee will also provide CAP Form 25, Program Account Budget, CAP Form 25a, Program Account Budget Support Sheet. CAP FORM 29 (REV. DEC. 79) `i' OFFICE OFF ECOHOMIC OPPORTUNITY • COMMUNITY ACTON PROGRAM SPECIAL CONDITION 3. •CAME OF GRANTEE 1 a„ GRANT NO. PROGRAM 1IR ACTION NO. City of Lubbock, Community Services Dept. 1 60160 - 81 / 01 R. SPECIAL CONDITION APPLIES TO: S.. [MALL PROGRAM ACCOUNTS IN GRANT ACTION b. Q ONLY PROGRAM ACCOUNT NUMBERIS) This grant is subject to the Special Condition below, in addition to the applicable General Conditions lovetaing graats ander Title 11 or M -B of the Economic Opportunity Act of 1964 as amended. FISCAL LIMITATIONS ON CSA FUNDING It is possible that the legislation approved by Congress for CSA programs for this fiscal year may result in legislative or fiscal limitations not presently anticipated. Accordingly, CSA reserves the right to revise this grant action in any manner which CSA may deem appropriate in order to take account of legislative and other limitations affecting CSA programs and fundings. CSA may reduce the amount of this grant as a whole or as to any program account or accounts, may limit the rate of the grantee's authority to commit and spend funds, and may restrict the grantee's use of both its uncommitted and unspent funds. In accepting this grant, the grantee acknowledges CSR's authority to make such revisions in the grant program or budget. In no event, however, shall any revision made by CSA authorized by this condition affect expenditures and legally binding commitments made by the grantee before it received notice of such revision, provided that such amounts have been expended or committed in good faith and are otherwise allowable and that such expenditures and commitments are consistent with the cash withdrawal guidelines in CSA Instruction 6714-1 or superseding CSA directives. For this purpose, funds shall not be recognized as so committed solely because the grantee has committed them by contract or otherwise to a delegate agency. The grantee is responsible for informing delegate agencies of this special condition before concluding any program agreements with delegate agencies. CAF FORM 29 {REV. AUG "I REP -LACES CAP FORMS !l.2JA. tsti. ssc. M. DATED MAR SS Axa GSA -ac ss. tolls CAP FGRM:se. DATED AVR -- WHICH ARE OSSt%LETE. COMMUNITY SERVICES ADMINISTRATION —COMMUNITY ACTION PROGRAM SPECIAL CONDITION 1. NAVE OF CRANTICt I Z. GRANT NO. PROGRAM YR. ACTION NO. City of Lubbock, Community Services Dept. ' 60160 - 81 / 01 i SPECIAL CONDITION APPLIES TO: L XU ALL PROGRAM ACCOUNTS IM GRANT ACTION 1. [30NLY PROGRAM ACCOUNT NUMBER(S) This grant is subject to the special Condition below, in addition to the applicable General Conditions govem ng S=ts under Title II or M -B of the Economic Opportunity Act of 1464 as amended. No funds from this grant shall be used to pay the salary or expenses of any employee, agent, delegate agency employee or agent, to engage in any activity designed to influence legislation or appropriations pending before the U.S. Congress. Thus, grantee shall not initiate contacts with Congress that are designed to advocate, on behalf of or against, specific pending legislation. Grantee is not prohibited from providing Congress with technical advice or assistance upon request even if the advice or assistance would otherwise constitute lobbying, however, the grantee must be able to document that such assistance was provided upon request. Grantee is not prohibited from engaging in objective analysis, study, or research of a particular issue that may be the subject*of legislation before Congress and making the results of such study available to the public, segments of the public, or members, officials, or employees of governmental bodies. including the U.S. Congress. Such study may advocate a particular view- point of position so long as there is sufficient full and fair exposition of pertinent facts to nable the public or an individual to form an indepen- dent opinion or conclusion. The study must deal with the issue in question and not with specific legislation that may be pending before Congress. Finally, the study cannot be used as a lobbying document. As an example, an objective study that concludes'in favor of a particular position could become a lobbying document if it is purposely released to all Congress- persons on the evening before Congress votes on legislation relating to the issue in the study. These prohibitions apply only to lobbying the U.S' Congress. With regard to state or*local legislative bodies, the grantee is bound by CSR's general lobbying rules found at 45 C.F.R. Section 1069.6. Funds expended by the grantee in violation of this special condition will be disallowed. CAP FORM 29 (REV. DEC. TO) 1 • GENERAL CONDITIONS GOVERNING GRANTS UNDER TITLES II, III -B and VII of the Economic Opportunity Act of 1964, as amended (including amendments made.by the Community Services Act of 1974) Program funds expended under authority of this funding action are subject to the provisions of the Community Services Act of 1974, the general conditions listed below, any attached special grant conditions, and Community Services Administration (CSA) directives. The grantee is expected to inform CSA promptly if it fails to receive, or has reason to belie ve it has failed to receive, all CSA applicable directives or any attachments to the Statement of OEO Grant. Many of those provisions do not represent invariable policies of the CSA and exceptions should be requested in cases in which compliance with one or more of them would cause unnecessary difficulties in carrying out the approved program. Requirements found in grant conditions or CSA directives may be waived only by a written notification signed by an authorized CSA official. Any such waiver must be explicit: no waiver may be inferred from the fact that the funding action is responsive to a grant funding request which may have contained material incon- sistent with one or more of these conditions. 1. DEFINITIONS. As used in these conditions: (a) An "approved program" consists only of those activities described in the -grant funding request for which funding is approved in the Statement of OEO Grant and its attachments (which may include modifications of proposed activities) or in CSA approved written amendments to the Statement of OEO Grant. (b) "Program account funding period" extends from the effective date of a new or refunding action through the termination date or expira- tion of planned number of months for which funding is provided. (c) "Total program funds" refers to all amounts approved for expenditure for the approved program as shown on the Statement of OEO Grant, whether such amounts are derived from Federal or non -Federal sources, or whether they are provided in cash or in kind. (d) "CSA directives" are statements of policy and procedure published in the CSA publications system. 2. APPLICABILITY OF CONDITIONS TO DELEGATE AGENCIES. These conditions are applicable both to the grantee and to any delegate agency or organiza- tion that, pursuant to an agreement with the grantee, undertakes responsi- bili.y for any part of the approved program. Such an agreement may be entered into only if (1) the intention to make such a delegation to the particular agency has been set forth in the funding request for this grant action or has otherwise been approved by CSA, and (2) the contract contains all of the provisions found in the approved "Standard Contract Form for Delegation of Program Accounts." Revised - June 1975 Page 1 of 5 2 3. LtMITATIONS ON EXPENDITURE OF PROGRAM FUNDS. Expenses charged against program funds may not be incurred prior to the effective date of the grant or subsequent to the grant termination date and may be incurred only as necessary to carry out the purposes and activities of the approved program. Such expenditures may not exceed the maximum limits shown on the Statement of OEO Grant or those subsequently approved for that approved program, subject to allowable flexibility guidejines published by CSA. All expenses incurred for the approved program must be supported by approved contracts, purchase orders, requisitions, bills, or other evidence of.liability consistent with the grantee or delegate agency's established purchasing procedures. Expenses charged against program funds must also be incurred in accordance with CSA directives. ! Liabilities of the grantee or its. delegate agencies to third parties as a result of termination action which are costs of phasing out in accordance with CSA directives or are specifically approved shall be considered proper expenditures of program funds. CSA will determine the disposition of unexpended funds at the termination of the grant. 4. LIMITATIONS ON EXPENDITURES OF FEDERAL FUNDS. Expenditures of funds derived from Federal grant funds must not exceed in any event the amount of the Federal.grant shown in the Statement of OEO Grant, (Coltmn 9, OEO Form 314). Moreover, if a minimum non -Federal percentage of program funds is shown in the Statement of OEO Grant (Column 10, OEO Form 314), the portion of the total expenditures of the approved program derived from non -Federal sources, valuated in accordance with CSA Instructions, must not be less than that minimum percentage of the total program funds for the approved program. This requirement must be met for each program cccount funding period, and should be substantially true for each finan- cial reporting period. Deficiencies of non -Federal share in one program sccount may be supplied by an excess in other program accounts consis- tent with applicable CSA Instructions concerning the pooling of non- Fcderal share. Further, the amount of total program funds derived from Federal grant funds must not exceed the grantee's allowable costs for the approved program which have been or are to be paid in cash. 5. PROPERTY. No program funds may be expended or costaincurred for the purchase of real property except as in accordance with regulations on the acquisition, ownership, and disposition of personal property as set forth in CSA directives. 6. D13CRIMINATION PROHIBITED. No person in the United States shall on the ground of race, color, religions sax, age, or national origin, be excluded from participation in, be denied the proceeds of, or be subject to discrimination under the program approved as a result of this funding request. The grantee and its delegate.ggetieies will comply with the regulations promulgated by the Director -of CSA, pursuant to the cavil Rights Act of 1964. and pursuant to the Community Services Act of 1974. Revised - June 1975 page i of 5 1 7. DISCRIMINATION IN EMPLOYMENT PROHIBITED. In all hiring or employment made possible by or resulting from this grant action, each employer. (1) will not discriminate against any employee or applicant for employ- ment because of race, color, religion, sex, age, or national origin, and (2) will take affirmative action to ensure that applicants are. employed, and that employees are treated during employment without regard to their race, color, religion, sex, age, -or national origin. This requirement shall apply to, but bot be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruit- ment advertising; layoff or termination; rates or.pay or other forms of compensation; and selection for training, including apprenticeship. The grantee and its delegate agencies shall comply with all applicable Statutes and Executive Orders on equal employment opportunity and this grant action shall be governed by the provisions of all such Statutee and Executive Orders, including enforcement provisions, asimplemented by, but not limited to, CSA directives. 8. RELIGIOUS INSTITUTIONS. The grantee and its delegate agencies shall ensure that any part of the approved program that is conducted by a church or church related institution is entirely non-sectarian in content and purpose, and that CSA directives on grants and delegations to churches or church related institutions are satisfied. 9. LABOR STANDARDS. All laborers and mechanics employed.by contractors or subcontractors in the construction, alteration or repair, including painting and decorating, of projects, buildings, and works which are federally assisted under this grant shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Davis - Bacon Act, as amended (40 U.S.C. 276a to 276a-5). 10. PATENTS. Any discovery or invention arising out of or developed in the course of work aided by the grant shall be promptly and fully reported to the Director of CSA for determination as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under.any patent issued thereon shall be disposed of and administered, in order to protect the public interest. 11. COPYRIGHTS. If the grant results in a book or other copyrightable mat- erial, the author is free to copyright the work, but CSA reserves a royal- ty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, all copyrighted material and any material which can be copyrighted resulting from the approved program. 12. REPORTS, RECORDS, AND INSPECTIONS. The grantee and its delegate agencies - shall submit financial, program progress, evaluation, and other reports as required by CSA directives, -and shall maintain such property, personnel, financial and other records and accounts as are deemed necessary by CSA to Revised June 1975 Page 3 of 5 4 .assure proper accounting for all program funds. The grantee and its delegate agencies and contractors shall permit on-site inspections by LSA representatives, and shall effectively require employees and board members to furnish such information as, in the judgement of the CSA representatives, may be relevant to a question of compliance with grant conditions and CSA directives, or the effectiveness, legality, and achtcvements of the program. All grant records will be made available to -the authorized representatives of CSA or the Comptroller General of the United States, and will be retained for three years after the expira- tion of this grant unless permission to destroy them is granted by the Director of CSA. 13. COVENANT AGAINST CONTINGENT FEES. The grantee warrants that no person or selling agency or other organization has been employed or retained to solicit or secure this funding action upon an agreement or under- standing for commission, percentage, brokerage, or contingent fee. For breach or violation of this warrant the government vhall have the right to annul this funding action without liability or, in its dis- cretion, to deduct from the grant or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee, or to seek such other remedies as may be legally available. 14. SUSPENSION AND TERMINATION. The Director of CSA may in accordance with published regulations, suspend or terminate this grant in whole or in part for cause, which shall include: (1) failure or unwillingness of the grantee cr its delegate agencies to comply with the approved pro- gram including attached conditions, with applicable statutes and Exec- utive Orders, or with such CSA directives as may become generally applicable at any time; (2) submission by the grantee or its delegate agoncies to CSA of reports which are incorrect or incomplete in any material respect; (1) ineffective or improper use of Federal funds by the grantee or its delegate agencies; (4) making any change which sig- nificantly impairs the representative character of the grantee's policy- making body or the grantee's capacity to Onlist community support; (5) failure of the grantee either to adequately monitor and evaluate program activities delegated to other agencies, or to provide effective guidance to such agencies in carrying out the purpose and activities of the portions of the approved program delegated to thew. This grant may also be suspended or terminated in whole or in part in the event the grantee is a Community Action Agency and a new agency is recognized by CSA as the Community Action Agency for all or part of the area nerved by the grantee in accordance with CSA directives. In such event part of the grant funds and the grantee's or delegate agencies' functions, obli- gations, records (or copies), authority and property relating to assis- tance provided to the grantee or its delegate agencies under this funding shall be transferred by the grantee and its delegate agencies to such newly recognized agency. No suspension or termination will effect any expenditures or legally binding commitments made prior to receiving notice of the suspension or termination, provided such expenditures or commitments were made in good faith and not in anticipation of termination Revised - June 1975 Page 4 of 5 4 a and are otherwise allowable. Funds shall not be treated as committed for this purpose solely by virtue of a grantee's contract or other commitment to a delegate agency. Upon suspension or termination, the disposition of unexpended Federal funds and property purchased with program funds will be subject to CSA direction. 15. SUCCESSOR AUTHORITY OF COZOMITY SERVICES ADMINISTRATION. By virtue of the Community Services Act of 1974 (P.L. 93-644), the Community Services Administration (CSA) is, in all respects and for all purposes, the successor authority to the Office of Economic Opportunity (OEO). Pursuant to section 601(d)(2) of the Community Services Act of 1974, all references to the Office of Economic Opportunity, in official documents including but not limited to, grant documents and regulations, shall be deemed to refer to the Community Services Administration, as set forth in OEO Notice 6000-3 "Successor Authority to the Office of Economic Opportunity," dated January 15, 1975 and published in Volume 40 of the Federal Register at page 3213 (January 20, 1975). All references to "CSA" Directives" or "CSA Instructions" in these general conditions, and special conditions attached hereto and the grant -making documents themselves shall be read so as to include all regulations issued by the Office of Economic Opportunity and any subsequent regulations issued by the Community Services Administration. Such regulations, whether referred tows "OEO" or "CSA" regulations, Instructions or Notice, remain in force and are deemed to be the policy statements of the Community Services Administration until superseded, rescinded, or changed. All references herein to "Statement of OEO Grant", or a portion thereof, are deemed to refer to.the document, regardless of form or tl;tle, utilized by the Community Services Administration to make grrnts under the authority of the Community Services Act of 1974. All references to.the Community Services Act of 1974 shall bAead so as to include the Economic Opportunity Act of 1964 as amended. r Revised - June 1975 Page 5 of 5