LEAGUE OF HUMAN DIGNITY CITY OF LINCOLN BARRIER REMOVAL GRANT PROGRAM AGREEMENT FOR RENOVATION OF REAL ESTATE

Transcription

1 LEAGUE OF HUMAN DIGNITY CITY OF LINCOLN BARRIER REMOVAL GRANT PROGRAM AGREEMENT FOR RENOVATION OF REAL ESTATE THIS AGREEMENT MADE THIS day of, 20, between the League of Human Dignity, located at 1701 P Street, Lincoln, Nebraska, a Nebraska Non-Profit Corporation administering a program funded with City of Lincoln Community Development Block Grant funds, and located at (hereinafter referred to as "Grantee"). Address of property to be modified: WHEREAS, the City of Lincoln has entered into a contract with the U.S. Department of Housing and Urban Development (HUD) for the execution of its Community Development Block Grant Program, pursuant to Title I of the Housing Community Development Act of 1974; and WHEREAS, under said Community Development Block Grant Program there is a project activity entitled "Barrier Removal Program" (BRP) to assist disabled persons of low and moderate income in maintaining their independence and enhancing mobility; and WHEREAS, the Grantee herein has been determined by the League of Human Dignity to meet certain prescribed requirements as defined in the BRP Program Guidelines contained in said agreement to qualify for financial assistance in altering residential real estate for the benefit of the disabled. NOW, THEREFORE, in consideration of these mutual covenants, the League of Human Dignity and the grantee do hereby agree as follows: Section 1. Definitions - Abbreviations. The following terms shall have the following meaning for all purposes in this Agreement. 1.1 Agreement shall mean this Agreement for Renovation of Real Estate. 1.2 Grant shall mean an award not to exceed $5,000 to the owner of a residential property for the purpose of barrier removal for a qualified tenant, to be paid exclusively from funds obtained by the League of Human Dignity pursuant to the agreement entered into between the City of Lincoln and the League of Human Dignity specifically appropriated for such barrier removal and administered by the League of Human Dignity. 1.3 Grantee shall mean the owner of the residential property subject to barrier removal modifications under this Agreement for Renovation of Real Estate. 1.4 Low and Moderate Income shall mean household annual income not exceeding 80% of the "Median Income by Family Size", as published by HUD and as further updated and revised by HUD to reflect the current or most recent income level statistics. 1

2 1.5 Removal of Barriers and/or Modification of Real Estate shall mean the removal of architectural barriers and structural modifications determined by the League of Human Dignity to be necessary for a person with a disability to physically access and utilize the residence more easily. 1.6 Qualified Tenant shall mean those households where one or more members has a mobility impairment or disability which impedes his or her ability to live independently without modifications to the residential unit, and where the household annual income does not exceed 80% of the "Median Income by Family Size", as published by HUD and as further updated and revised by HUD to reflect the current or most recent income level statistics. 1.7 Real Estate shall mean the living unit occupied by a qualified tenant and including entryways and sidewalks leading to entry to the unit. Section 2. Grant Award. It is hereby declared that removal of barriers in and/or modifications of the Grantee's real estate is in the best interest of the people of the League of Human Dignity and the City of Lincoln and that the Grantee is awarded the Grant of ($ ) dollars. Section 3. Use of Funds. The Grantee agrees that any and all funding obtained by he/she or made available to him/her hereunder, shall be used solely and exclusively for the express purpose of removal of barriers in and/or modification of the Grantee's real estate. Section 4. The Work. Grantee shall use the grant proceeds to accomplish the work of removal of architectural barriers in and/or modification of said real estate, as said work is identified in the "Application for Barrier Removal Grant" submitted to the League of Human Dignity, but only to the extent authorized by the League of Human Dignity. Said application to the extent authorized is hereby incorporated as a part of this Agreement as if fully set forth herein. Section 5. Accomplishment of Work. Grantee will carry out the barrier removal work so identified and authorized with all practical dispatch in a sound, economical and efficient manner in accordance with all standards of the League of Human Dignity, and in accordance with the details of a written construction contract to be executed hereafter. Section 6. Preliminary Conditions of Construction Yet To Be Formulated. Grantee by virtue of this Agreement shall have the sole responsibility for obtaining the contractor's compliance with the contract documents, but the League of Human Dignity shall have the right, but not the duty, to direct the contractor's compliance with the contract documents. No contract for performance of work or furnishing of fixtures shall be valid or Enforceable under this Agreement unless both the contract and the contractor are approved in writing by the League of Human Dignity. 2

3 Section 7. Period of Time. The Grantee shall begin the barrier removal work from the date of execution of the Owner/Contractor Agreement, and make best efforts to complete construction 30 days from the date of this agreement. Section 8. Distribution of Award. The amount of said grant so awarded shall not be distributed before all said work so identified and approved shall have been completed and approved by the League of Human Dignity, regardless of whether the cost of said work shall exceed the amount of said Grant. Section 9. Inspection of Work. The League of Human Dignity or its designee shall have the right to inspect all work financed in whole or in part with the proceeds of the Grant and will inform the Grantee of any noncompliance with respect to the contract for the barrier removal work. Grantee will take all necessary steps to assure that the League of Human Dignity or its designee is permitted to examine and inspect the barrier removal work, and all contracts, materials, equipment, payrolls, and conditions of employment pertaining to the work, including all relevant data and records. Section 10. Records. The Grantee, when performing his/her own work after gaining the approval of the League of Human Dignity, and in connection with any contract or subcontracts let in accordance with this Agreement, agrees to keep such records as may be required by the League of Human Dignity with respect to the barrier removal work finance in whole or in part with the Grant, and will permit the League or its designee to examine records, to review, inspect, and make audits of all work, contracts, invoices, materials, payrolls, records of personnel, conditions of employment, books of records, and other documentary data pertaining to the Grant and the work. Section 11. Additional Obligations of Grantees. The undersigned Grantee shall be bound by all covenants and agreements herein, and also by the additional obligations of this section numbered 11. The Grantee shall: 11.1 Maintain the barrier-free living unit for a qualified tenant for a period of at least three years after the first distribution of any part of the Grant Keep the League of Human Dignity fully informed of the identity and handicaps/disabilities of all persons occupying the rented premises for which the Grant will have been awarded at all times during said three-year period, and must notify the League of Human Dignity of any change of such occupants within thirty (30) days of such change Rebate Grant funds to the League of Human Dignity according to the following schedule, if for any reason during the three-year period the premises are not occupied by a qualified tenant for a period of more than thirty (30) days: - 100% of the Grant distributed if said thirty day period occurs in whole or part during the first year of said three-year period; - 50% if said thirty day period occurs during the second year of said threeyear period, or; 3

4 - 25% if said thirty day period will have occurred in whole during the third year of the three-year period; provided, however, that upon application by the Grantee to the League of Human Dignity this requirement may be waived in whole or in part Agree that the League of Human Dignity shall not be held responsible for any costs associated with restoring the unit to its original condition if the tenant moves. If the Grantee so chooses, the Grantee and tenant must negotiate any agreement to cover costs of such restoration. Section 12. Lead-Based Paint Requirements. The Grantee agrees to use no lead-based paint in the performance of this Agreement, including the performance of any contractor or subcontractor. "Lead-based Paint" means any paint containing more than six one-hundredths of one (1) per centum of lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already allied. The Grantee further agrees to abide by all Federal requirements regarding lead-based paint poison prevention. Section 13. Remedies. In addition to all other remedies, upon the Grantee's breach or threatened breach of this Agreement, the League may cancel, terminate, or suspend this Agreement in whole or in part; and at the option of the League, funds provided under this Agreement to the Grantee or its contractor shall be returned to the League of Human Dignity. Section 14. Prohibition against Disbarred Contractors. The Grantee shall ensure that no contractor or subcontractor is used on this project who may have been disbarred or disqualified by the U.S. Department of Housing and Urban Development or by the City of Lincoln. Section 15. Prohibition of Kickbacks. The Grantee shall neither solicit nor accept gratuities, favors, or any thing of value from the contractors or potential contractors, nor shall he/she induce any person employed in the accomplishment of the work to give up any part of the compensation to which he/she is otherwise entitled. Section 16. Conflicts of Interest. The Grantee hereby represents that he/she (or if a corporation that each of its officers and each of its shareholders) is not a person elected to or appointed to or employed or retained by any public office or public body of the City of Lincoln, whether paid or unpaid and whether part-time nor the spouse, child, sibling, relative by blood or marriage in the first degree, nor a person claimed for federal income tax purposes, nor a person residing in the same household of, by, or as any individual elected or appointed to or employed or retained by any public office or public body of the City of Lincoln, and if in any respect the foregoing representation should be incorrect, the Grantee at the option of the League of Human Dignity or of the City of Lincoln shall return to the League of Human Dignity all monies distributed pursuant to said award together with interest at ten percent (10%) per annum from the date of such distribution. 4

5 Section 17. Interest of Certain Public Officials. The Grantee agrees that no Member or Delegate to the Congress of the United States, no Resident Commissioner, and no elected official or any officer or employee of the City shall be admitted to any share or part of the proceeds of the Grant, or to any benefit to arise from the same. Section 18. Bonus, Commission, or Fees. The Grantee will not pay any bonus, commission, or fee for the purpose of obtaining the League of Human Dignity's approval of his/her application for this Grant, or any other approval or concurrence required by the League of Human Dignity or its designee to complete the rehabilitation work financed in whole or in part with this Grant. Section 19. Disclosure of Lobbying. The Grantee shall certify and disclose, to the best of his/her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Grant shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c. The language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. Section 20. Hold Harmless Agreement. Grantee hereby does hold the League of Human Dignity and the City of Lincoln harmless for all acts and omissions, or personal or property damage which may occur in connection with any work or any use of equipment under this grant. Grantee shall not at any time represent that he/she is an agent of the League of Human Dignity or the City of Lincoln, Nebraska. Section 21. Equal Employment Opportunity. During the performance of this Agreement, the League of Human Dignity and the Grantee agree as follows: 5

6 a. The Grantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, familial status, or disability. The Grantee 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, national origin, familial status, or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the municipality setting forth the provisions of this nondiscrimination clause. b. The Grantee will, in all solicitations or advertisements for employees place by or on behalf of the Grantee, state that all applicants will receive consideration for employment without regard to their race, color, religion, sex, national origin, familial status, sexual orientation, gender identity, or disability. c. In the event of the Grantee's noncompliance with the nondiscrimination clauses of the contract, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Section 22. This Agreement shall be a contract made under and governed by the laws of the State of Nebraska. ATTEST: GRANTEE: Witness Grantee Grantee Signature Witness Chief Executive Officer League of Human Dignity, Inc. Revised February