Receive a staff update and hold discussion on the Revive SMTX small business grant program and consider direction to staff on revising the contract to add a requirement that funded businesses must follow CDC COVID-19 pandemic guidelines.
Agenda Item 23: Revive SMTX Contract Requirements
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MBaker
Council Member
"Requires re-executing contracts without pressing legal or business need"
Why was the current pandemic and science based methods of prevention of its spread not considered 'pressing'?
Shouldn't these businesses also be required to adhere to OUR recently adopted Anti-discrimination policy as well, including gender identity and sexual orientation
Why was the current pandemic and science based methods of prevention of its spread not considered 'pressing'?
Shouldn't these businesses also be required to adhere to OUR recently adopted Anti-discrimination policy as well, including gender identity and sexual orientation
Response provided by Carol Griffith:
Q1 - "Requires re-executing contracts without pressing legal or business need"
Why was the current pandemic and science based methods of prevention of its spread not considered 'pressing'?
A1 – At the time the program was created, wearing masks had been mandated by governmental authorities. Regarding re-executing contracts now, typically in a business or government, executed contract terms are changed only to respond to newly discovered legal issues or because one party or the other must request a change in terms because of a directly related impact to their business functions.
Q2 - Shouldn't these businesses also be required to adhere to OUR recently adopted Anti-discrimination policy as well, including gender identity and sexual orientation
A2 – This requirement is in the contract document signed by each beneficiary (business) that receives funding, which is attachment 13 in the City Council packet. Non-discrimination wording specific to this issue is repeated here for ease of reference; for complete non-discrimination wording, please see the contract:
Nondiscrimination
a. 24 CFR part 6 and Other Applicable Rules
The Beneficiary will comply with 24 CFR part 6, which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that no person in the United States shall, on the ground of race, color, national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with federal financial assistance.
Beneficiary shall similarly adhere to applicable laws or rules prohibiting discrimination on the basis of sexual orientation, gender identity or marital status.
The Beneficiary will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504). Section 109 of the HCD Act makes these requirements applicable to programs or activities funded in whole or in part with CDBG-CV funds. Thus, the Beneficiary shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146, which implement the Age Discrimination Act for HUD programs.
Q1 - "Requires re-executing contracts without pressing legal or business need"
Why was the current pandemic and science based methods of prevention of its spread not considered 'pressing'?
A1 – At the time the program was created, wearing masks had been mandated by governmental authorities. Regarding re-executing contracts now, typically in a business or government, executed contract terms are changed only to respond to newly discovered legal issues or because one party or the other must request a change in terms because of a directly related impact to their business functions.
Q2 - Shouldn't these businesses also be required to adhere to OUR recently adopted Anti-discrimination policy as well, including gender identity and sexual orientation
A2 – This requirement is in the contract document signed by each beneficiary (business) that receives funding, which is attachment 13 in the City Council packet. Non-discrimination wording specific to this issue is repeated here for ease of reference; for complete non-discrimination wording, please see the contract:
Nondiscrimination
a. 24 CFR part 6 and Other Applicable Rules
The Beneficiary will comply with 24 CFR part 6, which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that no person in the United States shall, on the ground of race, color, national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with federal financial assistance.
Beneficiary shall similarly adhere to applicable laws or rules prohibiting discrimination on the basis of sexual orientation, gender identity or marital status.
The Beneficiary will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504). Section 109 of the HCD Act makes these requirements applicable to programs or activities funded in whole or in part with CDBG-CV funds. Thus, the Beneficiary shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146, which implement the Age Discrimination Act for HUD programs.
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