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HomeMy WebLinkAboutResolution - 2021-R0054 - CD Funding Contract 15752 with HUD 2.9.21Resolution No. 2021-R0054 Item No. 6.1.2 February 9, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Community Development Funding Agreement 15752, and all related documents, between the City of Lubbock and the U.S. Department of Housing and Urban Development (HUD), for the Emergency Solution Grant CARES Act. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 9, 2021 DANIEL M. POPE, MAYOR ATTEST: R.�" J)c",\ Rebe ca Garza, City Sec et APPROVED AS TO CONTENT: Karen Murfee, Community D elopment Director APPROVED AS TO FORM: Wj a - A M& — K li Leisure, Assistant City Attorney ccdocs/RES. CBDG Contract 15752 ESG CV 01.26.21 Funding Approval/Agreement U.S. Department of Housing and Urban Emergency Solutions Grants Program — CARES Act Funding Development Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, Office of Community Planning and Development 42 U.S.C. 11371 at seq., and the CARES Act, Public Law 116-136 1. Recipient Name and Address City Of Lubbock Po Box 2000 Lubbock, TX 79457-0001 5. Fiscal Year. 2020 (Supplemental CARES Act funding) 6. Previous Obligation (Enter V for initial CARES Act allocation) $632,362 7. Amount of Funds Obligated or Deobligated by This Action (+ or -) $1,385,225 8. Total Amount of Federal Funds Obligated $2,017,587 9. Total Required Match: $ 0 10. Period of Performance Start Date (the date listed in Box 16) 06/15/2020 Unique Federal Award Identification Number. P. Tax Identification Number. 756000590 Unique Entity Identifier (DUNS): 058213893 11. Period of Performance End Date (24 months after the date fisted in Box 16) )6/14/2022 12. Type of Agreement (check applicable box) 13. Special Conditions and Requirements ❑ Initial Agreement (Purpose #1— Initial CARES Act allocation) ❑ Amendment (Purpose #2 — Deobligation of funds) ❑ Not applicable ® Attached ® Amendment (Purpose #3 — Obligation of additional funds) General Terms and Conditions: This Agreement between the U.S. Department of Housing and Urban Development (HUD) and the Recipient is made pursuant to the authority provided under the "Homeless Assistance Grants" heading of title XI of Division B of the CARES Act (Public Law 116- 136) and Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.). Subject to the CARES Act and any waivers or alternative requirements HUD shall make as provided by that Act, the Recipient's Consolidated Plan submissions (including the Recipient's approved annual Action Plan and any amendments), the Emergency Solutions Grants Program regulations at 24 CFR Part 576 (as now in effect and as may be amended from time to time), and this Agreement, including any special conditions and requirements attached to this Agreement, constitute part of this Agreement. Subject to the terms and conditions of this Agreement, HUD will make the funds available to the Recipient upon execution of this Agreement by the Recipient and HUD. The funds may be used for costs incurred by a State or locality before the Period of Performance, provided the costs are otherwise allowable and were incurred to prevent, prepare for, and respond to coronavirus. The Recipient agrees to assume all of the responsibilities with respect to environmental review, decision making, and action required under the HUD regulations at 24 CFR Part 58, subject to the exception the CARES Act provides for temporary emergency shelters. Nothing in this Agreement shall be construed as creating or justifying any claim against the federal government or the Recipient by any third party. Without the Recipient's execution of an amendment or other consent, HUD may amend this Agreement either to provide additional funds to the Recipient under the CARES Act or to deobli ate funds under this Agree ent in accordance with applicable law. 14. For the U.S. Department of HUD (Name, Title, and Contact Information of 1 . Signature 6. Federal Award Date Authorized Official) 01/12/2021 Shirley Henley CPD Director '911— Qr]�,�cfc� 17. For the Recipient (Name and Title uthodzed Official) 18. gnatur 19. Date (mm/dd%W) p/Y- X 02/09/2021 Funding Inform n (HUD Accounting Use Only):' PAS Code: HAEV Region: 06 Program Code: ES9 Appropriation: 00192 Office: (Fort Worth) Allotment: 868 Appro Symbol: F Special Conditions and Requirements for CARES Act funding for ESG Indirect Cost Rate The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(fl), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. Recipient Direct Department/Agency Indirect cost rate Cost Base Special Conditions and Requirements for CARES Act funding for ESG Serving Youth Who Lack 3rd Party Documentation or Live in Unsafe Situations Notwithstanding any contrary requirements under the McKinney-Vento Homeless Assistance Act or 24 CFR part 576, youth aged 24 and under who seek assistance (including shelter, services or rental assistance) shall not be required to provide third - party documentation that they meet the homeless definition in 24 CFR 578.3 as a condition for receiving assistance; and unaccompanied youth aged 24 and under (or families headed by youth aged 24 and under) who have an unsafe primary nighttime residence and no safe alternative to that residence shall be considered homeless for purposes of assistance provided by any private nonprofit organization whose primary mission is to provide services to youth aged 24 and under and families headed by youth aged 24 and under. Special Conditions and Requirements for CARES Act funding for ESG Recipient Integrity and Performance Matters (applicable if the amount in Box 8 of the Agreement is greater than $500,000) The Recipient shall comply with the requirements in Appendix XII to 2 CFR part 200— Award Term and Condition for Recipient Integrity and Performance Matters. Special Conditions and Requirements for CARES Act funding for ESG Restriction on CARES Act Funds The funds under this Agreement may only be used to prevent, prepare for, and respond to coronavirus, among individuals and families who are homeless or receiving homeless assistance, and to support additional homeless assistance and homelessness prevention activities to mitigate the impacts created by coronavirus. People experiencing homelessness shall not be required to receive treatment or perform any other prerequisite activities as a condition for receiving assistance.