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HomeMy WebLinkAboutRES 14-02RESOLUTION NO. 14-02 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING A SUBRECIPIENT AGREEMENT WITH COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR FISCAL YEAR 2014 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. WHEREAS,the City of Apache Junction is desirous of meeting the needs of its citizens; and WHEREAS,Community Alliance Against Family Abuse ("CAAFA"),which operates the local domestic violence shelter, has requested assistance from the city in meeting the needs of citizens residing within the city limits; and WHEREAS,the activities within this agreement address identified eligible needs; and WHEREAS,a grantee of Community Development Block Grant ("CDBG")funds is required to comply with the program guidelines and federal statutes and regulations. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1)The Mayor and City Council of the City of Apache Junction authorize a subrecipient agreement be made for receipt of Fiscal Year 2014 CDBG funds. 2)The Mayor or his designee is authorized to sign a subrecipient agreement for receipt and use of these funds in an amount not to exceed $109,000.00 for CAAFA to complete renovations to their shelter and facilities. 3)The City Manager or his designee, is authorized to take all actions necessary to implement and complete the activities submitted in said agreement and application. 4)The agreement and application for CDBG funds meets the program requirements for the CDBG program and the Arizona Department of Housing. RESOLUTION NO. 14-02 PAGE 1 OF 2 5)The City of Apache Junction shall comply with all CDBG guidelines,federal statutes and regulations applicable to the CDBG Program. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS jj.P11 DAY OF k -c.-/4.4y , 2014. SIGNED AND ATTESTED TO THIS i k -7/1 DAY OF t2:44v4.4-1/, 2014. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 1-14-11 RICHARD J. STERN City Attorney RESOLUTION NO. 14-02 PAGE 2 OF 2 SUBRECIPIENT FUNDING AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND COMMUNITY ALLIANCE AGAINST FAMILY ABUSE This AGREEMENT entered into as of this /6 day of r 2014 by and between the City of Apache Junction,an Arizona municipal corporation,(hereinafter ferred to as "Grantee") and the Community Alliance Against Family Abuse, (hereinafter referred to as "Subrecipient"), both of which may also be referred to as the "Parties" collectively or a "Party" individually. RECITALS A.Pursuant to Title 1 of the Housing and Community Development Acts of 1974, as amended, Grantee has applied for and received a Community Development Block Grant (hereinafter "CDBG")for certain CDBG activities,from the State of Arizona Department of Housing (hereinafter "Housing"), CDBG Program. B.The Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds. AGREEMENT The Parties acknowledge and agree as to the following grant terms and conditions: A.STATEMENT OF WORK 1.CDBG Contract #:FY2014 Regional Account Application 2.Number and Name of Activity(ies): Community Facilities Improvements - Shelter 3.Description:(See ATTACHMENT I) 4.Budget: Agreement Total:$100,000.00 (see ATTACHMENT II for details). B.NATIONAL OBJECTIVES Subrecipient certifies each activity carried out with funds provided under this Agreement will meet one of the following CDBG Program's National Objectives: 1) benefit low/moderate income persons; or 2) aid in the prevention or elimination of slums or blight; or 3) meet community development needs having a particular Housing approved urgency. C.PERFORMANCE MONITORING Grantee will monitor the performance of Subrecipient against goals and performance standards required herein.Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within a reasonable period of time after being notified by Grantee,contract suspension or termination procedures will be initiated. (See Section 1.10.) D.NOTICES Communication and details concerning this contract shall be directed to the following contract representatives: Name: Title: Address: Telephone: Email: GRANTEE SUBRECIPIENT City of Apache Junction Heather Patel Grants Coordinator 300 E. Superstition Blvd. Apache Junction, AZ 85119 (480) 474-2635 hoateleaicitv.net Community Alliance Against Family Abuse Elizabeth Ditlevson Garman Executive Director P.O. Box 3778 Apache Junction, AZ 85117 (474) 982-0205 elizabethaecaafaaz.orq E.GRANTOR RECOGNITION Subrecipient shall ensure recognition of the role of Grantee and Housing in providing services through this Agreement. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to the funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. 1.No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of Subrecipient or by any employee of Subrecipient. Subrecipient shall advise Housing or its designee at the time of delivery of any copyrighted or subject to copyright work furnished under this Agreement, or any adversely held copyrighted or subject to copyright material incorporated in any such work and of any invasion of the right of privacy therein contained. 2.Housing may duplicate, use, and disclose in any manner and for any purpose whatsoever, within the limits established by federal and state laws and regulations, all information relating to this Agreement. F.INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Parties. Subrecipient shall at all times remain an "independent contractor' with respect to the services to be performed under this Agreement.Grantee shall be exempt from payment of all unemployment compensation,FICA, retirement, life and/or medical insurance and workers' compensation insurance as Subrecipient is an independent contractor. G.WORKERS COMPENSATION Subrecipient shall provide workers' compensation insurance coverage for all of its employees involved in the performance of this Agreement. H.GENERAL CONDITIONS 1.Responsibility for Grant Administration:Grantee is responsible for ensuring the administration of CDBG funds in accordance with all program requirements. The use of subrecipients or contractors does not relieve the Grantee of this responsibility. Grantee is also responsible for determining the adequacy of performance under all Subrecipient agreements and procurement contracts and for taking appropriate action when performance problems arise. 2.Payment:It is expressly agreed and understood by Grantee the total amount to be paid to Subrecipient under this Agreement by Grantee shall not exceed $109,000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets, after prior approval of Grantee. All requests for payments ("REP")must meet the CDBG guidelines,as outlined in Chapters 2,3,and 4 of the CDBG Grant Administration Handbook available online at www.azhousina.00v. 3.General Compliance:Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations ("CFR"), Part 570 (the United States Department of Housing and Urban Development ("HUD") regulations concerning the CDBG program). Subrecipient also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 4.Term of Agreement:This Agreement shall take effect on or about January 2015, through and including the 318t day of December 2015. 5.Insurance and Bondino:Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum, shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from Grantee. 6.Reversion of Assets:Upon expiration of this Agreement, Subrecipient shall transfer to Grantee any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Subrecipient shall also ensure that any equipment or facility under the Subrecipient's control that was acquired or rehabilitated in whole or in part with CDBG funds in excess of $5,000 is either: a.Used to meet one of the National Objectives set forth in Section B of this Agreement, until 5 years after expiration of the Agreement,or such longer period of time as determined appropriate by Grantee and Housing. However, any change in use or National Objective from that described in Section B, shall require prior written approval of Grantee and Housing; or b.If disposed of, the manner shall result in Grantee being reimbursed in the amount of 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 (reimbursement is not required after the period of time specified in paragraph 6.a. above). 7.Subcontractina:None of the services covered by this Agreement shall be subcontracted without prior written approval by Grantee, which shall request pre -approval from Housing. 8.Compliance with Reputations:Subrecipient will comply with the applicable uniform administrative requirements as described in 24 C.F.R. Section 570.489, including those listed in ATTACHMENT III "Certification and Other Uniform Administrative Requirements", which are attached hereto and made a part hereof as if fully rewritten. 9.Maintenance and Availability of Records:In connection with the Agreement, Subrecipient shall maintain all accounting, client records, papers, maps, photographs, other documentary materials, and any evidence pertaining to costs incurred,as more fully described in ATTACHMENT IV "Records to be Maintained", which is attached hereto and made a part hereof as if fully rewritten. a.Such records shall be furnished and available for inspection by Grantee, Housing, HUD, the Comptroller General of the United States, or any authorized representatives of these entities. b.Such records shall be available at Subrecipient's offices at all reasonable times during the contract period. If a claim, investigation, or litigation is pending at the time of what is assumed to be final payment, the final payment date I sconsidered extended and the retention period will not begin until final settlement of the claim, investigation, or litigation. 10.Amendments and Revisions:Any changes to the Scope of Work or dollar amount of this Agreement requires prior written approval from Housing. 11.Suspension and Termination:With notification to Housing, Grantee may terminate this Agreement and such additional supplemental agreements hereafter executed, in whole or in part, and may recover any CDBG funds at its discretion if Subrecipient: a.Violates any provision of this Agreement; or b.Violates any provision of the Housing and Community Development Act of 1974,as amended; or c.Violates any applicable regulations or terms and conditions of approval of application(s) that the Secretary of HUD has issued or shall subsequently issue during the term of this Agreement; or d.Fails to complete performance in a timely manner. Grantee may also terminate this Agreement and such additional supplemental agreements hereafter executed, in whole or in part, by giving Subrecipient 30 calender days written notice, in the event that Housing shall: a.Withdraw funds allocated to Grantee under its application for program activities substantially preventing performance of the CDBG program in Grantee's community; b.Terminate Grantee's funding allocation pursuant to an Act of Congress; or c.Fails to approve a grant application filed by Grantee. 12.Audits:Subrecipient shall comply with the audit requirements set forth in Office of Management and Budget ("OMB") Circular A-133. 13.Severabilitv:Grantee and Subrecipient each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws.However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring Grantee to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required.Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 14.Enforced Delays (Force Maieure):Neither Grantee nor Subrecipient, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project.In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular contractors, subcontractors, vendors or investors desired by Subrecipient in connection with the Project.Subrecipient agrees that Subrecipient alone will bear all risks of delay which are not Enforced Delay.In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 15.Indemification:To the fullest extent permitted by law, Subrecipient shall defend, indemnify and hold harmless Grantee, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Subrecipient, its agents, employees, or any tier of Subrecipient's subcontractors in the performance of this Agreement.Subrecipient's duty to defend, hold harmless and indemnify Grantee, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Subrecipient's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Subrecipient, any tier of Subrecipient's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Subrecipient may be legally liable. 16.Applicable Law and Venue:The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona.Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county.In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including:all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 17.Business and Privilege Licenses:Sybrecipient represents and warrants that any license necessary to perform the work under this Agreement is current and valid.Subrecipient understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Subrecipient agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement.Subrecipient also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subcontractors within the corporate city limits will invoke the same business and privilege license regulations on any subcontractors, and Subreciepient ensures its subcontractors will obtain any required licenses.If there are taxable activities, a business license shall be converted to a privilege license by the Subrecipient and any subcontractors through the City Clerk's Office. 18.Subcontractors:All subcontractors chosen by the Contractor will be subject to the Grantee's approval. All subcontractors shall be identified by the Contractor prior to award of contract. The Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of the Grantee. 19.Compliance with Federal and State Laws:Subrecipient understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Subrecipient hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A).Subrecipient further warrants that after hiring an employee, Subrecipient will verify the employment eligibility of the employee through the E -Verify program. If Subrecipient uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E -Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement.Subrecipient is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation.Subrecipient shall not be deemed in material breach of this Agreement if the Subrecipient and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E -Verify requirements contained in A.R.S. § 23-214(A).Grantee retains the legal right to inspect the papers of any Subrecipient or subcontractor employee who works under this Agreement to ensure that the Subrecipient or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times.If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF, Grantee and Subrecipient have executed this Agreement, after prior approval of Housing, as of the last date written below. GRANTEE:SUBRECIPIENT: /7 )iY - 7 By: fivor Board President- - -- Title:y a r Title: Date:`P •"4 Date: e l Attest:_,.//x.y ,e Attest: City Clerk Title:af.).7,/Title: Approved as to Form and Legal Fed ID#: Sufficiency: *--1'1614 Richard J. Stern, City Attorney ATTACHMENT I ACTIVITY DESCRIPTION - STATEMENT OF WORK SECTION I Subrecipient has requested CDBG funding from Grantee to perform community facility improvements to Subrecipient's domestic violence shelter and supportive services building. These improvements must result in the building being Americans with Disabilities Act ("ADA") accessible and compliant with local building codes. Specific improvements include: Original Shelter Building Remodel: There are two buildings at Subrecipeint's shelter property, the current shelter and the original shelter building. The original shelter building is 1119 square feet and was built in 1955. The original shelter building has recently been used for storing items that are needed to provide housing (toilet paper, clothing, cleaning supplies, bedding, etc) and a children's room that has various toys, activities, arts and crafts, and play costumes. The original shelter building also has an Arizona room. Renovating the existing original shelter building and building an addition where the Arizona room currently stands would increase Subrecipeint's capacity to meet the needs of the women and children served.Neither the current nor the original building have adequate privacy which makes having emotionally painful conversations even more difficult and provides significant challenges to confidentiality. The two rooms that are currently used for storage would be used as staff offices and meeting space. This would enhance Subrecipeint's ability to provide services and respect for the confidentiality of residents by making separate spaces available to meet, rather than meeting in the common areas or in the front yard, back yard, or playground area to work on case management goals and receive emotional support. The addition, that is currently an Arizona room, would become storage and a bed -bug decontamination area. Within the last year Subrecipeint has had two bedbug infestations. Subrecipeint takes many steps to prevent bed bugs from entering the shelter. Even with these protocols, Subrecipeint has had bed bug outbreaks, affecting both the residents and staff. The cost of decontaminating the shelter is expensive and being bitten by bed bugs and having to relocate to a hotel while the shelter is undergoing treatment is most traumatizing to the people served. The bed bug decontamination area would have a separate entrance, a washer and dryer to treat clothing and other items that may be transporting bed bugs, and shelves to store items that cannot be decontaminated. The storage room entrance would be from inside the original shelter building and not connected to the bed bug decontamination area. The remodel would include new flooring and interior and exterior paint, all of which are in poor condition. The estimated cost of the remodel is $29,000.00. Original Shelter Building Repair: In August the ceiling in the original shelter building began to collapse. The cause of the collapse has been determined to be age and termite damage. Due to the collapse the original shelter building is currently not in use. The play area cannot be accessed by children and storage is a significant challenge facing shelter operations. The proposed repair to the original shelter building would entail the repairing ceiling, beams, drywall, and painting. The cost of repairing the existing damage is estimated to be $25,000.00. Site Security: The renovation of the original shelter building will result in the shelter staff working out of that building. The security cameras and system will need to be relocated from the current shelter building to the new offices in the original shelter building. An existing security concern at the shelter is the height of the block wall that surrounds the sides and back of the properly. The block wall height varies between 5 and 6 feet and is easy to scale. This summer, an individual who was inebriated scaled the wall and attempted to enter the shelter through the front and back doors. Later in the summer an individual residing nearby overheard one of Subrecipient's Horse Therapy sessions and looked over the wall to inquire about the horses and what was occurring. Thankfully, neither of these incidents resulted in harm to any residents or staff members; however, they both are very concerning for safety and confidentiality reasons. Subrecipient proposes to raise the block wall to 8 feet, in order to prevent it from being easily scaled and offer more privacy for residents and their activities. The property is zoned C2 and with the proper engineering plans and approved permits the wall could be raised to 8 feet and still be within zoning guidelines. The cost of moving the security system is $5,000 and the cost of raising the block wall height to 8 feet is $8,000. The total cost of site security improvements is $13,000.00. Parking Improvements: Subrecipient currently has two paved parking spaced inside the secure part of the property. This does not accommodate staff, the Subrecipient's van, and participant's parking. Also, the parking can be seen from the street causing safety and security concerns for participants. The women staying at Subrecipient's shelter, park behind the shelter building in a dirt lot. Because of monsoons and dust storms this lot is uneven and often riddled with pot holes. Subrecipient would like to pave part of the area behind the shelter to create a more safe and secure parking area. The estimated cost of paving the 7,000 square foot parking area is $21,000. Improvements to Current Shelter Building: The current shelter building is 2576 square feet and was built in 2005. The flooring is linoleum and is not standing up well to the wear and tear of 16 people, half of whom are children. Subrecipient would like to replace the linoleum and upgrade to tile. The cost of tiling the current shelter building is $21,000. Grantee will serve as CDBG grant administrator and will perform monitoring of the project, assist with the procurement of a contractor,Davis Bacon compliance,requests for reimbursement from Housing, payment of all invoices submitted by the contractor, and ensure compliance with the CDBG program. Subrecipient will provide the required reporting and documentation as requested,oversee the construction, and comply with CDBG requirements. SECTION II— SERVICE AREA (SA) The proposed project is to benefit a limited clientele of women and children fleeing a domestic violence situation.Subrecipient serves Northern Pinal County however the facility is located within Apache Junction, Arizona. It is expected 100 women and children will benefit annually from this project, of which 38% are from Apache Junction and 100% are considered to be low to moderate income. SECTION III — WORK SCHEDULE This Agreement is anticipated to begin in Janaury 2015 amd expire on December 31,2015.The Subrecipient agrees to the following construction schedule, any changes or extensions shall be approved by Grantee: Procurement of Contractor Janaury 2015— April 2015 Construction May 2015 —August 2015 Closeout September 2015— December 2015 SECTION IV — RECORDS AND REPORTS Grantee and Subrecipient shall maintain files required by the CDBG Program set forth in ATTACHMENT IV. Additional records to be maintain shall include the monthly reports as specified below. All records shall be maintained and available for review by Grantee for five (5) years after the closeout of the project from Housing. This Agreement is anticipated to begin in Janaury 2015 amd expire on December 31, 2015. Subrecipient agrees to provide monthly reports identifying the following: 1) how many persons are benefiting from the services provided at the shelter; 2) how many persons had an Apache Junction address prior to entering the shelter; and 3) the ethnicity, age and disability status of all persons entering the shelter. Grantee reserves the right to request additional information as needed. ATTACHMENT II BUDGET The proposed budget for construction services of Subrecipient's Shelter is as follows: The following items will be completed in the supportive services building: 1)creation of two meeting rooms for privacy and confidential discussions; 2)construction of an addition to serve as storage and a bed bug decontamination station; 3)installation of flooring; 4)interior and exterior paint; 5)repair of ceiling and roof support damage; and 6)relocation of security cameras. The following items wilt be completed in the shelter building: 1)installation of new flooring; 2)installation of security wall perimeter; and 3)creation of secure parking facilities. CDBG funds shall pay for construction services performed by a qualified licensed contractor who was competitively procured in compliance with CDBG requirements. All expenditures must be pre -approved by Grantee and Housing. Grantee agrees to provide funding in the amount of $100,000 with an amount not to exceed $109,000 pending funding allocations for the fiscal year 2014 under the CDBG Regional Account. Any overages shall be paid for in full by Subrecipient. Subrecipient shall provide documentation from their Board of Directors to the commitment and allocation of these funds. For purposes of this Agreement: a.program income shall be returned to Grantee; b.Subrecipient acknowledges that all provisions of the Agreement shall apply to such program income funded activities; d.the receipt and expenditure of all program income shall be recorded in such a fashion as to enable Grantee to determine compliance with all CDBG requirements as well as any other requirements in the Agreement; and f.any program income on hand when the Agreement expires or that is received after such expiration shall be paid by Subrecipient to Grantee, and then to Housing. ACTIVITY BUDGET 1.Subrecipient: Community Alliance Against 2.Activity Name: Community Facility Family Abuse Improvements - Shelter a.b.c. CDBG $Non-CDBG $TOTAL $ 3.Environmental Review Record 4.Design/Engineering/Inspection Procure El In -House El 5.Construction Contract Work (include $100,000.00 $9,000.00 $109,000.00materials and DB wage rates) 6.Fixed Asset Equipment 7.Land Acquisition (includes easements) (must comply with the Uniform Relocation Act) 8.Rehabilitation Services (if this exceeds 20% of total activity costs, attach a rationale) Procure El In -House El 9.Other (specify or attached as page _ j: 10. For City/Town, County or Other Construction 10.1 Purchase of materials 10.2.a Employees (documentation attached as page regarding number of employees, wages, number of hours, etc.) 10.2.b Offenders 10.2.c Volunteers 10.3 Equipment (Use vs. Purchase) (documentation attached regarding rental rates, number of hours to be used, type of equipment, etc.) 10.4 Other (attached as page ) 11.TOTALS $100,000.00 $9,000.00 $109,000.00 ATTACHMENT III CERTIFICATIONS AND OTHER UNIFORM ADMINISTRATIVE REQUIREMENTS A.UNIFORM ADMINISTRATIVE REQUIREMENTS By virtue of signing the Agreement Subrecipient agrees to comply with all applicable uniform administrative requirements as discussed in this Agreement, CDBG Program Handbooks, and OMB Circulars A-110, A-122, A-133, and the Single Audit Act of 1984, as applicable. B.EQUAL OPPORTUNITY Subrecipient agrees to comply with: 1.Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), and the regulations issued pursuant thereto (24 CFR Part 1). 2.Title VIII of the Civil Rights Act of 1968 (Pub. L. 90- 284), as amended. 3.Section 109 of the Housing and Community Development Act of 1974. 4.Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance. 5.Executive Order 11246, and the regulations issued pursuant thereto (24 CFR Part 130 and 41 CFR Chapter 60). 6.Section 3 of the Housing and Urban Development Act of 1968, as amended. 7.Federal Fair Housing Act of 1988, P.L. 100-430. 8.The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1973, 42.U.S.C. 6101-07, and the prohibitions against discrimination against persons with handicaps under Section 504 of the Rehabilitation Act of 1973, (P.L. 93-112), as amended, and the regulations at 24 C.F.R. Part 8. 9.It will comply with the American Disabilities Act and Section 504 of the Rehabilitation Act, as amended. 10.The requirements of the Architectural Barriers Act of 1966 at 42 U.S.C. 4151-415. C.INTEREST OF OFFICIALS AND CONFLICT OF INTEREST No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. No member, officer, or employee of Subrecipient or its designees or agents, no member of the governing body of the locality in which the program is situated during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement.Subrecipient will comply with applicable conflict of interest provisions, incorporate such in all contracts and establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family business, or other ties. D.POLITICAL ACTIVITIES As a community service -based organization,Subrecipient is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special,primary or general election.No board member,officer or employee of Subrecipient shall solicit any contribution in cash or services from any Subrecipient employee to support any candidate for public office.No board member or officer shall use the name of Subrecipient,or use their affiliation with Subrecipient,to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Subrecipient in any way, while engaging in said activity.The functions and activities of Subrecipient are non- political with respect to candidates for political office.Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity,of whatsoever type or nature,while attending or participating in Subrecipient function or event.This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. E.LABOR STANDARDS PROVISIONS Subrecipient will administer and enforce the labor standards requirements of the Davis Bacon Act, as amended at 40 U.S.C. 276a -276a-5, and the Contract Work Hours and Safety Standards Act at 40 U.S.C. 327-333. F.COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS Subrecipient agrees to comply with any conditions resulting from the Grantee's compliance with the provisions of the National Environmental Policy Act of 1969 and the other provisions of law specified at 24 C.F.R. 58 insofar as the provisions of such Act apply to activities set forth in Section A.Statement of Work (p.1). Subrecipient will comply with the provisions of Executive Order 11990, relating to evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution and the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234) This Agreement is also subject to the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.; P.L. 89-665, the Archaeological and Historic Preservation Act of 1974 (P.L. 93-291), Executive Order 11593, and the procedures prescribed by the Advisory Council on Historic Preservation in 36 C.F.R. Part 800, and the regulations of the Environmental Protection Agency ("EPA") with respect thereto, at 40 C.F.R. Part 15, as amended from time to time. G.LEAD -BASED PAINT This Agreement is subject to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.),and the Lead -Based Paint Regulations (24 C.F.R. Part 35 and 24 CFR 570.487). The use of lead -based paint is prohibited whenever CDBG funds are used directly or indirectly for the construction, rehabilitation, or modernization of residential structures. Immediate lead -based paint hazards existing in residential structures assisted with CDBG funds must be eliminated,and purchasers and tenants of assisted structures constructed prior to 1978 must be notified of the hazards of lead -based paint poisoning. H.PROPERTY DISPOSITION Real or personal property purchased in whole or in part with CDBG funds shall not be disposed through sale, use, or location without the written permission of Grantee. The proceeds from the disposition of real property shall be considered project income. I.LOBBYING Subrecipient will ensure that, to the best of its knowledge and belief of the undersigned: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, 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 grants, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal or amendment of any federal contract. 2. 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 a federal contract, grant, loan, or cooperative agreement, Subrecipient shall complete and submit Standard Form -LLL,"Disclosure Form to Report Lobbying," in accordance with its instructions. 3. Subrecipient shall require the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all shall certify and disclose accordingly. "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,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure." J.ACQUISITION/RELOCATION Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulation. ATTACHMENT IV RECORDS TO BE MAINTAINED Subrecipient shall establish and maintain sufficient records to enable Grantee and Housing to determine whether Subrecipient has met the requirements of this Agreement. At a minimum, the following records are needed, and should be maintained for five years (5)after the date of close-out of the CDBG contract by Housing. It is the responsibility of Grantee to notify Subrecipient as to the date of the contract close- out. All files shall be clearly labeled with the following information:HOUSING CDBG contract number, name of Grantee, Activity number and shall contain the information and documents as indicated in HOUSING CDBG Handbooks, which includes the following, as applicable: 1.Application and Agreement with the Grantee and any amendments. 2.General Correspondence regarding the Agreement. 3.Financial Management and Audits. 4.A file documenting Subrecipient's actions to comply with Section 504. 5.Civil Rights/EEO.The Civil Rights Certification and documentation on the ethnicity, gender, disability status, single -head of household of all applicants for and recipients of benefits and/or services. 6.Procurement and Contracting.A separate file for each professional service procured or for each major item of equipment or materials purchased, with smaller items aggregated. 7.Construction Contract. A separate file for each bid developed. 8.Labor Standards. A separate file for each prime contractor. 9.Acquisition/Relocation. A general file with overall policies and procedures and a separate file for each parcel acquired or family displaced. 10. Housing Rehabilitation. A general file with overall policies and procedures and a separate file for each applicant/family or multi family unit. 11. Required records for Homeownership Assistance and Economic Development activities will be defined as applicable.