HomeMy WebLinkAboutResolution - 2021-R0063 - ESG Funding Agreement 15547 with Paul's Project 2.23.2021Resolution No. 2021-R0063
Item No. 7.12
February 23, 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, Emergency Solutions Grant (ESG), Coronavirus Aid, Relief
and Economic Security Act Cares (CV) Funding Agreement 15547, and all related documents,
between the City of Lubbock and Paul's Project, for the funding of programs to prevent,
prepare for, and respond to Coronavirus among the homeless population. 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 23, 2021
G,-J
DANIEL M. POPE, MAYOR
/:rWOWIF,
Rebec&a Garza, City Secret
APPROVED AS TO CONTENT:
Karen Murfee, Community Dev opment Director
APPROVED AS TO FORM:
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K lli Leisure, Assistant City Attorney
ccdocs/RES. ESG-CV Contract 15257 Paul's Project
02.08.21
Resolution No. 2021-R0063
EMERGENCY SOLUTIONS GRANT (ESG), CORONAVIRUS AID, RELIEF AND
ECONOMIC SECURITY ACT CARES (CV) FUNDING AGREEMENT
BETWEEN
CITY OF LUBBOCK
AND
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This Emergency Solutions Grant Coronavirus Aid, Relief and Economic Security Act CARES
(ESG-CV) Program (the "Agreement") Contract No. 15547 is made by and between the City of
Lubbock, a State of Texas home rule municipal corporation (the "City") and Paul's Project, (the
"Grantee"), (each a "Party", and collectively the "Parties") acting by and through the Parties'
representative officers and officials, and is hereby entered into by the Parties on this 23rd day
of February, 2021 (the "Effective Date").
RECITALS:
WHEREAS, the City is obligated to do and perform certain services in its undertaking of an
Emergency Solutions Grant Coronavirus Aid, Relief and Economic Security Act (CARES Act),
Public Law 116-136. Funds are to be used to prevent, prepare for and respond to coronavirus
pandemic (COVID-19) The McKinney-Vento Act means the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371 et seq.). Coronavirus means SARS—CoV-2 or another
coronavirus with pandemic potential, as defined by section 23005 of the CARES Act; and
WHEREAS, the Grantee operates a non-profit center offering services to the homeless throughout
Lubbock County, Texas.
WHEREAS, the Grantee and the services it provides have been found to meet the criteria for funding
under provisions of the Emergency Solutions Grant Regulation under the U.S. Department of
Housing and Urban Development (HUD) program regulations 24 CFR Part 576 for Nonprofit
Grantees ; and
WHEREAS, the Grantee proposes to provide services to prevent, prepare for and respond to
COVID-19 which will provide funds in order to mitigate the impacts of COVID-19 for emergency
shelter, rapid re -housing, homelessness prevention and a homeless management information
system (the "Program"); and
WHEREAS, the continuing supervision by the City with statutory and contractual requirements
provide sufficient assurance that the public purpose of this Agreement will be accomplished; and
WHEREAS, the City Council has found that the Grantee has the special expertise, knowledge,
and experience necessary for the operation of the Program and that the City will receive adequate
consideration in the form of substantial public benefit; and
WHEREAS, the City desires to enter into this Agreement with the Grantee to make available
the services provided under the Program; and NOW, THEREFORE:
THE PARTIES, FOR GOOD AND VALUABLE CONSIDERATION, AGREE AS
FOLLOWS:
A. General Administration
In compliance with all of the terms and conditions of this Agreement, the Grantee agrees to provide
the services set forth in the EXHIBIT A, which provides a description of each activity, including
the services to be performed, the person(s) or entity providing the services, the estimated number
of recipients of the services, and the manner and means of the services. The Grantee represents
and warrants that the services to be provided to implement the Scope of Work shall be performed
in a competent, professional and satisfactory manner in accordance with the ESG-CV. The
Grantee further certifies that all information presented in the ESG-CV application submitted to the
City upon which this Agreement is based shall be true and correct and incorporated by reference
into this Agreement.
B. Levels of Accomplishment Goals and Performance Measures
The Grantee shall be responsible to accomplish the levels of performance as set forth in the
EXHIBIT A and report such measures monthly to the City. If the Grantee estimates such goals
will not be met, the Grantee is to contact the City, at which time the City will determine if any
adjustment to the grant award is appropriate.
C. Staffing; Relationship of Parties; No Third Party Rights
The Grantee shall ensure adequate and appropriate staffing is allocated to each ESG-CV activity.
Nothing contained in this Agreement is intended to, or shall be construed by the Parties, or by any
third party, as creating or establishing the relationship of employer/employee, principal and agent,
partnership or joint venture between the Parties, it being understood and agreed that Grantee is and
will be at all times an independent contractor pursuant to this Agreement and shall not, in any way,
be considered to be an officer, agent or employee of the City. The Parties intend that no rights or
remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty,
obligation or undertaking established herein.
This Agreement shall take effect on October 1, 2020, and shall terminate on July 1, 2021, unless
otherwise cancelled or modified according to the terms of this Agreement.
A. Maximum Amount of Disbursements; Method ofDisbursement.
City agrees to reimburse Grantee when, if and to the extent federal funds are received under
provisions of the Act a sum up to and not to exceed two hundred thousand dollars ($200,000)
for Grantee's performance of the Scope of Work in accordance with the Budget attached hereto as
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EXHIBIT A. Requests for reimbursements by Grantee shall be made by Grantee sending to the City,
not more frequently than monthly, commencing on the 10O' day of every month. Such schedule may
be modified with the approval of the City. The City shall distribute ESG-CV funds within 14 business
days after approval from the City.
Grantee has the ability to adjust line item amounts in the Budget with the prior written approval of
the City's Director of Community Development, so long as the total Budget amount does not increase.
B. Payment
Payment is subject to the receipt and approval of such invoices and monthly activity reports, as
hereinafter more fully set forth below under Reporting, with the final payment being due and
payable upon the receipt of an invoice and report for the last month of the term of this Agreement
and the City's approval thereof, which invoice and report shall be due on or before August 15, 2021
following the expiration of the term of this Agreement. The City shall pay such invoices within
thirty (30) days after receipt thereof, provided the City is satisfied that such expenses have been
incurred within the scope of this Agreement and that the Grantee is in compliance with the terms
and conditions of this Agreement. The thirty (30) day period will discontinue if the reimbursement
request is determined to be incomplete and will restart the thirty day (30) timeline once the
remaining required elements have been submitted.
Failure to provide any of the required documentation and reporting will cause the City to withhold
all or a portion of a request for reimbursement until such documentation and reporting has been
received and approved by the City.
C. Use of Funds
The Grantee agrees to use said funds pursuant to this Agreement to pay for necessary and
reasonable costs allowable under federal law and regulations to operate said ESG-CV program
only. Said amounts shall include and will be limited to, emergency shelter, rapid re -housing
assistance, homelessness prevention under 24 CFR 576.103 and Homeless Management
Information Systems ("HMIS") data contribution asset forth in 24 CFR §§ 576.101 § 576.107.
Allowable program costs are detailed in the Budget, as set forth in EXHIBIT A. The Grantee's
failure to perform, as required, may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds the City is otherwise obligated to pay to the Grantee pursuant to
the terms hereof.
D. Condition of Funding
(1) The City advises the Grantee that a significant change in entitlement funding may
result in a change in the current process utilized by the City to determine funding allocations.
The Grantee acknowledges that the obligation of the City is contingent upon the availability
of Federal, State or Local government funds, which are appropriated or allocated for the
payment of such an obligation. If funding levels are significantly affected by Federal
budgeting or if funds are not allocated and available for the continuance of the function
performed by the Grantee, this Agreement may be terminated by the City at the end of the
period for which funds are available. In the event of funding reduction, the City may reduce
the Budget for this Agreement as a whole or may limit the rate by which Grantee receives the
ESG-CV funds for providing Grantee's services hereunder.
At the earliest opportunity, the City shall notify the Grantee of any services, which may be
affected by a shortage of funds. No penalty shall accrue to the City in the event this provision
is exercised and the City shall not be liable for any damages as a result of termination under
this provision of this Agreement. Nothing herein shall be construed as obligating the City to
expend funds in excess of appropriations authorized bylaw.
(2) The Grantee shall allow representatives of the City or HUD and their agents and
representatives to inspect facilities which are used in connection with the Agreement or
which implement programs funded under this Agreement and to observe the provision of
services. The City is under no duty to supervise the provision of Grantee's services. Any
inspection or examination by the City is for the sole purpose of protecting and preserving
the City's rights under this Agreement. No default of Grantee shall be waived by any
inspection by the City. In no event shall any inspection by the City be a representation that
there has been or will be compliance with this Agreement or that Grantee is in compliance
with any federal, state and local laws, ordinances, regulations and directives applicable to
the performance of this Agreement or the provision of Grantee's services.
(3) Where the City has reasonable grounds to question the fiscal accountability,
financial soundness, or compliance with this Agreement by the Grantee, the City may
suspend the operation of this Agreement for up to sixty (60) days upon three (3) days' notice
to Grantee of the City's intention to so act, pending an audit or other resolution of such
questions.
E. Matching
Funds are exempt from match requirements, including 24 CFR 576.201
F. Program Income
Because ESG-CV program income cannot be used as match without the ESG matching
requirement, HUD is waiving the ESG provisions for program income under 24 CFR and
576.407(c)(1) and establishing alternative requirements, as follows:
(1) Definition. Program income means, as provided by 2 CFR § 200.80, except that:
a. Program income includes any amount of a security or utility deposit returned to the
Grantee, as provided by 24 CFR 576.2; and b. Costs that are incidental to generating program
income and not charged to the ESG-CV grant or subgrant may be deducted from gross
income to determine program income, as allowed under 2 CFR 200.307(b).
b. Costs that are incidental to generating program income and not charged to the ESG-
CV grant or subgrant may be deducted from gross income to determine program income,
as allowed under 2 CFR 200.307(b).
(2) As allowed under 2 CFR 200.307(e), program income may be treated as an addition to
City's grant (or the Grantee's subgrant, if the income is generated by the Grantee's activities),
provided that the program income is used in accordance with the purposes and conditions of
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that grant or subgrant. Program income otherwise must be deducted from allowable costs as
provided by 2 CFR 200.307(e)(1). These changes to the otherwise applicable program
income requirements are necessary to maximize the capacity and efficiency of ESG-CV
Grantees to prevent, prepare for, and respond to coronavirus.
G. Separation of Accounts
All funds received by the Grantee from the City pursuant to this Agreement shall be maintained, or
of any principal or member of the Grantee, in an account (the "Account") at a federally insured
banking or savings and loan institution with record keeping of such Accounts maintained pursuant to
applicable legal requirements. The Grantee shall keep all records of the Account in a manner that is
consistent with generally accepted accounting principles. No monies shall be withdrawn from the
Account except for expenditures relating to ESG-CV Program costs that are eligible, allowable and
allocable, as authorized hereunder. All disbursements from the Account shall be for obligations
incurred in the performance of this Agreement and shall be supported by contracts, invoices,
vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The City
may withhold payment allocation requests if the Grantee fails to comply with the above
requirements until such compliance is demonstrated to the satisfaction of the City.
H. Expenditure of Funds
Much like how HUD requires the City, pursuant to 24 CFR § 576.203(b), to expend all of the
grant funds for eligible activity costs within 24 months after the date that HUD signs the grant
Agreement with the City, it is a requirement for the Grantee to expend all of the grant funds for
eligible activity costs within the term of this Agreement. For the purposes of this paragraph,
expenditure means either an actual cash disbursement for a direct charge for goods or services or
an indirect cost, or the accrual of a direct charge for goods or services or an indirect cost. Failure
to expend said funds within said timeframe can result in a reallocation of funds.
I. Prohibited Use
(1) Generally. The Grantee hereby certifies and agrees that it will not use funds provided
through this Agreement to pay for meals for persons and families other than those identified as
eligible program participants. Said funds shall not be used for entertainment purposes or for
gifts. The Grantee certifies that it will not use said funds for illegal or dishonest conduct; rather,
the use of ESG-CV funds will remain in compliance with all applicable federal, state, and
local laws, including applicable laws not outlined in this Agreement.
(2) Lobbying. The Grantee certifies and agrees that it will comply with federal law (31
U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated
funds may be expended by the City of a federal contract, grant, loan, or cooperative Agreement
to pay any person for influencing or attempting to influence an officer or employee of any
agency, Member of Congress, or an officer or employee of a Member of Congress in
connection with awarding of any federal contract, the making of any federal grant or loan,
entering into any cooperative Agreement and the extension, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative Agreement.
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 undersigned
shall complete and submit a "Disclosure of Lobbying Activities,"
Coordinated Entry (CE) the City of Lubbock has adopted the Texas Balance of State Continuum of
Care's Coordinated Entry Written Standards EXHIBIT B. which can be located here
htt s://www.thn.or w-content/u loads/2020/071TX-BoS-CoC-CE-WS-Versioii2-Final.pdf. The
Grantee agrees to work with the City to ensure compliance with the Coordinated Entry Policies and
Procedures, including the use of HMIS to collect and manage participant data and required
prioritization for Rapid Re- Housing (RRH) assistance. Grantee agrees to serve as a Coordinated
Entry access point. Grantee agrees to accept referrals for services RRH people who are served
outside their own agency. Coordinated Entry (CE) COVID-19 Prioritization Standards, effective
September 1, 2020 through February 28, 2021 https:i`,'www.thn.orgjtexas-balance-state-continuum-
care/coordinated-entry/
A. Applicable Rules, Statutes, Waivers and Alternative Requirements
The CARES Act authorizes the Secretary to waive, or specify alternative requirements for, any
provision of any statute or regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the City of these amounts, except for requirements
related to fair housing, nondiscrimination, labor standards, and the environment. The Notice
describes when temporary emergency shelter is exempt from environmental review and outlines
standards for temporary emergency shelter. Regulatory waiver authority is also provided by 24 CFR
5.110 and 91.600. For the reasons stated with each waiver or alternative requirement established in
this Notice, HUD has determined that good cause exists for each waiver or alternative requirement
and that the waiver or alternative is necessary to prevent, prepare for, and respond to coronavirus.
(1) Emergency Shelters.
The requirements at 24 CFR 576.102 apply, except funds may be used only for the costs of
providing emergency shelter during the period beginning on the date the Grantee began
preventing, preparing for, and responding to coronavirus and ending on January 31, 2022, and
only for those costs that are necessary to prevent, prepare for, and respond to coronavirus.
This alternative requirement will ensure that ESG-CV funds are used efficiently to provide
more individuals and families with assistance needed to prevent, prepare for, and respond to
coronavirus.
(2) Short -Term and Medium -Term Rental Assistance.
(i) 24 CFR 576.106(a)(2), where medium -rent is defined as "for more than 3 months but not
more than 24 months of rent" is waived and an alternative requirement is established where
medium -term is established as for more than 3 months but not more than 12 months. This
alternative requirement will allow more households to receive rapid re -housing and
homelessness prevention assistance, which is necessary to prevent, prepare for, and respond
to coronavirus.
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(ii) The requirement at 24 CFR 576.106(d) that prohibits rental assistance where the rent for
the unit exceeds the Fair Market Rent established by HUD, as provided under 24 CFR Part
888, is waived so long as the rent complies with HUD's standards of rent reasonableness, as
established under 24 CFR 982.507. Waiving this requirement will allow Grantee to help
program participants move quickly into housing or retain their existing housing, which is
especially critical at reducing the spread of coronavirus and responding to coronavirus. This
waiver provides additional flexibility beyond the waiver made available to the ESG-CV
Program on March 31, 2020 and extended to ESG-CV funds on May 22, 2020 by permitting
ESG-CV Grantee to provide rental assistance for program participants, whose current rent
exceeds FMR and by allowing Grantee to use this waiver as needed throughout the period
they are providing rental assistance to prevent, prepare for, and respond to coronavirus.
(3) Hotel/Motel Costs.
As permitted under 24 CFR 576.102(a)(3), eligible costs include a hotel or motel voucher for
homeless individuals and families where no appropriate emergency shelter is available.
Additionally, the limitations on eligible activities provided in section 415(a) of the
McKinney-Vento Act and 24 CFR part 576, subpart B are waived and alternative
requirements are established to the extent necessary to authorize ESG-CV funds to be used
for the following hotel or motel costs for individuals and families experiencing homelessness,
receiving rapid re -housing assistance under the Continuum of Care (CoQ or ESG-CV
programs, receiving homelessness 15 prevention under the ESG-CV Program, or residing in
permanent supportive housing: The Grantee may pay for a hotel or motel room directly or
through a hotel or motel voucher. Additionally, funds can be used to pay for cleaning of hotel
and motel rooms used by program participants as well as to repair damages caused by
program participants above normal wear and tear of the room. These flexibilities are provided
to allow Grantee to secure hotel and motel rooms more quickly to be available when needed
to prevent the spread of coronavirus (for example, when a program participant needs to isolate
to keep from spreading the virus to other shelter occupants or household members).
Helping current ESG-CV Program participants maintain housing. In order to ensure current
program participants receiving homelessness prevention and rapid re -housing assistance do
not lose their housing during the coronavirus public health crisis and the subsequent economic
downturn caused by the crisis, the requirements in 24 CFR 576.105(c) and 576.106(a) are
waived and alternative requirements are established as follows:
(i) The requirement at 24 CFR 576.105(c) limiting the total period of time for which any
program participant may receive the services under paragraph (b) to 24 months during
any 3-year period is waived solely for those program participants who reach their 24-
month maximum assistance during the period beginning on the presumed start of this
crisis, January 21, 2020 - the date the first confirmed case was reported in the United
States, and ending 6 months from the date of publication of this Notice, provided that
the services are only extended for these program participants for up to a maximum of
an additional 6 months; and
(ii) The requirement at 24 CFR 576.106(a) limiting the total number of months a program
participant can receive rental assistance to 24 months in a 3-year period is waived solely
for those program participants who reach their 24-month maximum during the period
beginning on the presumed start of this crisis, January 21, 2020 the date the first
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confirmed case was reported in the United States, and ending 6 months from the date of
publication of this Notice, provided that the rental assistance is only extended for these
program participants for up to a maximum of an additional 6 months.
(4) Training.
As permitted by the CARES Act, ESG-CV funds may be used for training on infectious
disease prevention and mitigation for staff working directly to prevent, prepare for, and
respond to coronavirus among persons who are homeless or at risk of homelessness and the
use of funding shall not be considered administrative costs for purposes of the 10 percent cap.
In addition, the limitations on eligible activities provided in section 415(a) of the McKinney-
Vento Homeless Assistance Act and 24 CFR part 576, subpart B are waived and alternative
requirements are established to the extent necessary to authorize ESG-CV funds to be used
for training on infectious disease prevention and mitigation for homeless assistance providers,
including those who do not receive funding through the CARES Act, to help them best
prevent, prepare for, and respond to coronavirus among persons who are homeless or at risk
of homelessness. These training costs are eligible as a standalone activity and are not to be
charged to an activity under 24 CFR 5 76. 101 to24 CFR 576.109.
(5) Hazard Pay.
As permitted by the CARES Act, funds may be used to pay hazard pay for Grantee -staff
working directly to prevent, prepare for, and respond to coronavirus among persons who are
homeless or at risk of homelessness. Examples of Grantee staff working directly in support
of coronavirus response include emergency shelter intake staff, street outreach teams,
emergency shelter maintenance staff, emergency shelter security staff, staff providing
essential services (e.g., outpatient health or mental health, housing navigators), and staff in
proximity to persons with coronavirus or working in locations with a high likelihood of
contracting coronavirus.
(6) Handwashing Stations and Portable Bathrooms.
The limitations on eligible activities provided in section 415(a) of the McKinney-Vento
Homeless Assistance Act and 24 CFR part 576, subpart B are waived and alternative
requirements are established to the extent necessary to authorize ESG-CV funds to be used
under 24 CFR 576.101(a) for installing and maintaining handwashing stations and bathrooms
(e.g., porta potties) in outdoor locations for people experiencing unsheltered homelessness.
Allowing ESG-CV funds to pay for the costs of handwashing stations and bathroom facilities
will help prevent the spread of coronavirus by providing people living in unsheltered locations
regular access to bathrooms and the ability to wash their hands.
B. Program Requirements
The requirements at 24 CFR part 576, subpart E apply, except as otherwise established in this
Notice.
1.) Consultation with the Continuum of Care. As provided under the CARES Act, ESG-CV
funds are not subject to the CoC consultation requirements at 24 CFR 576.400(a).
2.) Coordination with other targeted homeless services. To ensure funds are deployed quickly
to address the immediate public health crisis and prevent the spread of coronavirus, the
coordination requirements at 24 CFR 576.400(b) are waived.
3.) System and Program Coordination with Mainstream Resources. To ensure funds are
deployed quickly to address the immediate public health crisis and prevent the spread of
coronavirus, the coordination requirements at 24 CFR 576.400(c) are waived.
4.) Centralized or Coordinated Assessment, Written Standards for Administering Assistance,
and HMIS.
With respect to costs incurred between January 21, 2020 and June 30, 2020 that are allowable
under this Notice but not under 24 CFR Part 576, the requirements to use the CoC's
centralized or coordinated assessment under 24 CFR 576.400(d), administer the assistance
in accordance with written standards as provided under 24 CFR 576.400(e), and participate
in HMIS under Section 416(f) of the McKinney-Vento Act and 24 CFR 576.400(f) are
waived for the first 60 days of the project's operation. HUD has determined this waiver is
necessary to allow jurisdictions to quickly implement activities necessary to prevent the
spread of coronavirus and account for the time needed to integrate these activities into
centralized or coordinated assessment and HMIS, and revise the written standards for
administering assistance to account for the new program flexibilities.
5.) Housing Stability Case Management.
As required by 24 CFR 576.401(a) and (c), the Grantee must determine the available services
and assistance that each ESG-CV Program participant will need to achieve independent
living and avoid further housing instability or homelessness, and the City and its Grantee
must assist each ESG-CV Program participant, as needed, to obtain those services and
assistance. However, HUD is making an across-the-board waiver of the ESG requirement in
24 CFR 576.401(e)(1) that housing stability case managers to meet not less than once per
month with each program participant receiving homelessness prevention or rapid re -housing
assistance. HUD is waiving this requirement for all program participants receiving this
assistance after qualifying as homeless, in order to be consistent with the CARES Act
prohibition stated in section III.F.10. Additionally, HUD is waiving the requirement for all
program participants receiving assistance after qualifying as at risk of homelessness, in order
to prevent the spread of coronavirus and reduce the barriers to providing the homelessness
prevention that is necessary to respond to coronavirus. This waiver provides additional
regulatory relief beyond the waiver HUD made available on March 31, 2020 for annual ESG
funds and extended on May 22, 2020 for annual ESG funds and ESG-CV funds, by lifting
the 3-month limitation established May 22, 2020, and making the waiver of 24 CFR
576.401(e)(1) apply throughout the period the Grantee uses funds to prevent, prepare for,
and respond to coronavirus.
6.) Shelter and Housing Standards.
The lead -based paint remediation requirements of 24 CFR 576.403(a) apply to all shelters
for which ESG-CV funds are used and all housing occupied by program participants. The
habitability requirements at 24 CFR 576.403(b) do not apply to temporary emergency
shelters that have been determined by State or local health officials to be necessary to
prevent, prepare for, and respond to coronavirus. However, Grantees must still comply with
nondiscrimination and applicable accessibility requirements, including requirements under
Section 504 of the Rehabilitation Act, the Fair Housing Act, the Americans with Disabilities
Act, and their implementing regulations. See also 24 CFR 576.407(a). All other shelters and
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housing for which ESG-CV funds must meet the applicable standards in 24 CFR 576.403(b)
and 576.403(c).
7.) Environmental Review Requirements.
Except as otherwise provided in this notice for temporary emergency shelters that have been
determined by State or local health officials to be necessary to prevent, prepare for, and
respond to coronavirus, "responsible entities" (as defined in 24 CFR 58.2) must assume all
of the responsibilities with respect to environmental review, decision making, and action
required under 24 CFR Part 58. Also, as required by 24 CFR 58.4(a), when a State distributes
funds to a responsible entity, the State must provide for appropriate procedures by which
these responsible entities will evidence their assumption of environmental responsibilities.
In accordance with these requirements and section 100261(3) of the MAP-21 Act, 24 CFR
576.407(d) does not apply. Environmental regulations at 24 CFR 58.22 prohibit ESG
recipients and any other participant in the development process from committing HUD or
non -HUD funds to a project until the environmental compliance review process has been
successfully completed or until receipt of the Authority to Use Grant Funds, if applicable. In
addition, until the environmental compliance review process has been successfully
completed or until receipt of the Authority to Use Grant Funds, neither a recipient nor any
participant in the development process may commit non -HUD funds on or undertake an
activity or project if the activity or project would have an adverse environmental impact or
limit the choice of reasonable alternatives. Emergency Environmental Review Procedures:
HUD's environmental review regulations in 24 CFR Part 58 include two provisions that may
be relevant to environmental review procedures for activities to prevent, prepare for, or
respond to coronavirus. The first is 24 CFR § 58.34(a)(10), which provides an exemption for
certain activities undertaken in response to a national or locally declared public health
emergency. The second is a streamlined public notice and comment period in the regulation
at 24 CFR 58.33, which may apply in some cases for emergency activities undertaken to
prevent, prepare for, or respond to coronavirus. The application of these two provisions
following a presidentially -declared or locally -declared public health emergency are
discussed in the Notice, Guidance on conducting environmental review pursuant to 24 Part
58 for 18 activities undertaken in response to the public health emergency as a result of
COVID-19 (available at: hops://www.hud.gov/sites/dfiles/OCHCO/documents/2020-
07cpdn.pdf 1.
8.) Procurement.
As provided by the CARES Act, the Grantee may deviate from the applicable procurement
standards (e.g., 24 CFR 576.407(c) and (f) and 2 CFR 200.317-200.326) when procuring
goods and services to prevent, prepare for, and respond to coronavirus. If the Grantee
deviates from its procurement standards then the Grantee must establish alternative written
procurement standards, and maintain documentation on the alternative procurement
standards used to safeguard against fraud, waste, and abuse in the procurement of goods and
services to prevent, prepare for, and respond to coronavirus. This alternative requirement is
necessary to ensure the funds are used efficiently and effectively to prevent, prepare for, and
respond to coronavirus. Notwithstanding this flexibility, the debarment and suspension
regulations at 2 CFR part 180 and 2 CFR part 2424 apply as written.
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9.) Prohibition Against Duplication of Benefits.
Section 312 (42 U.S.C. 5155) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended (42 U.S.C. 5121 et seq.) prohibits duplication of benefits for
programs that provide financial assistance to people or entities suffering losses because of a
major disaster or emergency. "Duplication of benefits" occurs when Federal financial
assistance is provided to a person or entity through a program to address losses resulting
from a Federally -declared emergency or disaster, and the person or entity has received (or
would receive, by acting reasonably to obtain available assistance) financial assistance for
the same costs from any other source (including insurance), and the total amount received
exceeds the total need for those costs. Grantees must establish and maintain adequate
procedures to prevent any duplication of benefits with ESG-CV funds. HUD will issue
additional guidance to facilitate compliance with this requirement.
10.) Provision of Supportive Services.
Although HUD strongly encourages the use of supportive services when necessary, as
required by the CARES Act, individuals and families experiencing homelessness must not
be required to receive treatment or perform any other prerequisite activities as a condition
for receiving shelter, rental assistance, or other services provided with ESG-CV funds.
C. Reporting Requirements
The requirements at 24 CFR 576.500 apply except as otherwise established in this notice.
1.) Centralized or Coordinated Assessment, Written Standards for Administering Assistance,
and HMIS.
With respect to costs incurred between January 21, 2020 and June 30, 2020 that are allowable
under this Notice but not under 24 CFR Part 576, the requirements to use the CoC's
centralized or coordinated assessment under 24 CFR 576.400(d), administer the assistance
in accordance with written standards as provided under 24 CFR 576.400(e), and participate
in HMIS under Section 416(f) of the McKinney-Vento Act and 24 CFR 576.400(f) are
waived for the first 60 days of the project's operation. HUD has determined this waiver is
necessary to allow jurisdictions to quickly implement activities necessary to prevent the
spread of coronavirus and account for the time needed to integrate these activities into
centralized or coordinated assessment and HMIS, and revise the written standards for
administering assistance to account for the new program flexibilities.
2.) Housing Stability Case Management.
As required by 24 CFR 576.401(a) and (c), the Grantee must determine the available services
and assistance that each ESG-CV program participant will need to achieve independent
living and avoid further housing instability or homelessness, and the Grantee must assist
each ESG-CV program participant, as needed, to obtain those services and assistance.
However, HUD is making an across-the-board waiver of the ESG requirement in 24 CFR
576.401(e)(1) that housing stability case managers to meet not less than once per month with
each program participant receiving homelessness prevention or rapid re -housing assistance.
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HUD is waiving this requirement for all program participants receiving this assistance after
qualifying as homeless, in order to be consistent with the CARES Act prohibition stated in
section III.F.10. Additionally, HUD is waiving the requirement for all program participants
receiving assistance after qualifying as at risk of homelessness, in order to prevent the spread
of coronavirus and reduce the barriers to providing the homelessness prevention that is
necessary to respond to coronavirus. This waiver provides additional regulatory relief
beyond the waiver HUD made available on March 31, 2020 for annual ESG funds and
extended on May 22, 2020 for annual ESG funds and ESG-CV funds, by lifting the 3-month
limitation established May 22, 2020, and making the waiver of 24 CFR 576.401(e)(1) apply
throughout the period the City or Grantee uses funds to prevent, prepare for, and respond to
coronavirus.
3.) Shelter and Housing Standards.
The lead -based paint remediation requirements of 24 CFR 576.403(a) apply to all shelters
for which ESG-CV funds are used and all housing occupied by program participants. The
habitability requirements at 24 CFR 576.403(b) do not apply to temporary emergency
shelters that have been determined by State or local health officials to be necessary to
prevent, prepare for, and respond to coronavirus. However, Grantee must still comply with
nondiscrimination and applicable accessibility requirements, including requirements under
Section 504 of the Rehabilitation Act, the Fair Housing Act, the Americans with Disabilities
Act, and their implementing regulations. See also 24 CFR 576.407(a). All other shelters and
housing for which ESG-CV funds must meet the applicable standards in 24 CFR 576.403(b)
and 576.403(c).
4.) Environmental Review Requirements.
Except as otherwise provided in this notice for temporary emergency shelters that have been
determined by State or local health officials to be necessary to prevent, prepare for, and
respond to coronavirus, "responsible entities" (as defined in 24 CFR 58.2) must assume all
of the responsibilities with respect to environmental review, decision making, and action
required under 24 CFR Part 58. Also, as required by 24 CFR 58.4(a), when a State distributes
funds to a responsible entity, the State must provide for appropriate procedures by which
these responsible entities will evidence their assumption of environmental responsibilities.
In accordance with these requirements and section 100261(3) of the MAP-21 Act, 24 CFR
576.407(d) does not apply.
Environmental regulations at 24 CFR 58.22 prohibit ESG Grantee and any other participant
in the development process from committing HUD or non -HUD funds to a project until the
environmental compliance review process has been successfully completed or until receipt
of the Authority to Use Grant Funds, if applicable. In addition, until the environmental
compliance review process has been successfully completed or until receipt of the Authority
to Use Grant Funds, neither a recipient nor any participant in the development process may
commit non -HUD funds on or undertake an activity or project if the activity or project would
have an adverse environmental impact or limit the choice of reasonable alternatives.
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Emergency Environmental Review Procedures: HUD's environmental review regulations in
24 CFR Part 58 include two provisions that may be relevant to environmental review
procedures for activities to prevent, prepare for, or respond to coronavirus. The first is
24 CFR § 58.34(a)(10), which provides an exemption for certain activities undertaken in
response to a national or locally declared public health emergency. The second is a
streamlined public notice and comment period in the regulation at 24 CFR 58.33, which may
apply in some cases for emergency activities undertaken to prevent, prepare for, or respond
to coronavirus. The application of these two provisions following a presidentially -declared
or locally -declared public health emergency are discussed in the Notice, Guidance on
conducting environmental review pursuant to 24 Part 58 for activities undertaken in
response to the public health emergency as a result of COVID-19 (available at:
https://www.hud.gov/sites/dfiles/OCHCO/documents/2020-07cpdn.pdf).
D. Terminating Assistance
If a program participant violates program requirements, the Grantee may terminate the assistance
in accordance with a formal process established by the Grantee that recognizes the rights of
individuals affected and in compliance with 24 CFR § 576.402.
E. Shelter and Housing Standards
The Grantee certifies that shelters and housing supported by ESG-CV funds and used by
ESG-CV beneficiaries will conform to 24 CFR § 576.403.
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. City assumes
no liability for Grantee's actions and performance; nor does the City assume responsibility for
taxes, bonds, payments, or other commitments, implied or explicit, by or for Grantee. Grantee shall
not have authority to act as an agent on behalf of City unless specifically authorized to do so in
writing. Grantee acknowledges that it is aware that because it is an independent contractor, City is
making no deduction from any amount paid to Grantee and is not contributing to any fund on its
behalf. Grantee disclaims the right to any fee or benefits except as expressly provided for in this
Agreement.
As respects all acts or omissions of Grantee relating to Grantee's responsibility for taxes, bonds,
payments, or other commitments, implied, or explicit, by or for Grantee, the Grantee agrees to
indemnify, defend (at the City's option), and hold harmless the City, its officers, agents, employees,
representatives, and volunteers from and against any and all claims, demands, reasonable defense
costs, or liability of any kind or nature to the extent arising out of or in connection with the
Grantee's performance or failure to perform under this Section.
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G. Subcontracts
(1) Content Requirements. The Grantee will include all relevant provisions of this Agreement
in all subcontracts entered into as part of the activities undertaken in furtherance of this
Agreement and will take appropriate action pursuant to any subcontract upon a finding that the
subcontractor is in violation of regulations issued by any federal agency. The Grantee will not
subcontract with any entity where it has notice or knowledge that the latter has been found in
violation of regulations under 24 CFR Part 135 (Economic Opportunities for Low- and Very
Low -Income Persons) and will not allow any subcontract unless the entity has first provided it
with a preliminary statement of ability to comply with the requirements of theseregulations.
(2) Submission to the City. The Grantee must submit all subcontracts and other Agreements
that relate to this Agreement to the City.
H. Licensing
The Grantee agrees to obtain and maintain, at its sole cost and expense, all required licenses,
registrations, accreditation, permits and approvals as may be required by law for its operations and the
performance of its services under this Agreement. The Grantee shall ensure that its staff and
subcontractors shall also obtain and maintain all required licenses, registrations, accreditation, permits
and approvals as may be required by law for the performance of services hereunder. Such licensing
requirements include obtaining a City business license, as applicable. Grantee shall have the sole
obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which
may be imposed by law and which arise from or are necessary for the performance of the services
required by this Agreement.
I. Responsibilities Toward Employees
The Grantee accepts full responsibility for payment of any and all unemployment compensation,
insurance premiums, workers' compensation premiums, income tax withholdings, social security
withholdings, and any and all other taxes or payroll withholdings required for all employees
engaged in the performance of the work and activities authorized by the Agreement. The Grantee
accepts full responsibility for providing workers with proper safety equipment and taking any and
all necessary precautions to guarantee the safety of workers or persons otherwise affected.
Insurance and Bonding
(1) Generally. The Grantee shall maintain liability and property insurance to cover
actionable legal claims for liability or loss which are the result of injury to or death of any
person, or damage to property (including property of Grantee) caused by the negligent acts
or omissions, or negligent conduct of the Grantee, its employees, agents or subcontractors,
to the extent permitted by law, in connection with the activities pursuant to this Agreement.
The Grantee shall comply with the bonding and insurance requirements of 2 CFR § 200.427,
and 2 CFR § 200.447.
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The Grantee shall obtain prior to commencing any services or activities under this
Agreement, at its sole cost, and maintain during the term of this Agreement, insurance
coverage as set forth below.
(2) Limits. The Grantee shall maintain, at all times, the following minimum levels of
Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain
insurance for the coverages and amounts of coverage not less than those set forth below:
(a) Workers' Compensation Insurance, as required by State statutes.
(b) Comprehensive General Liability Insurance or Commercial General Liability
Insurance, including coverage for Premises and Operations, Contractual Liability,
Personal Injury Liability, Products/Completed Operations Liability, Broad -Form
Property Damage, Independent Contractor's Liability and Fire Damage Legal Liability,
in an amount of not less than $1,000,000 combined single limit of liability for bodily
injuries, death, and propertydamage resulting from any one occurrence.
(c) Comprehensive Automobile Liability coverage, including - as applicable - owned,
non -owned and hired autos, in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, combined single limit, written on an occurrence form.
The Grantee's self -insured retention or deductible per line of coverage shall not exceed $25,000
without the permission of the City.
Grantee hereby agrees to waive subrogation, which any insurer of the Grantee may acquire from
the Grantee by virtue of the payment of any loss. If requested by City, Grantee agrees to obtain
and deliver to City an endorsement from Grantee's general liability and automobile insurance
insurer to effect this waiver of subrogation.
(3) Required Certificates and Endorsements. Prior to commencement of any work
under this Agreement, the Grantee shall deliver to City (i) insurance certificates confirming the
existence of the insurance required by this Agreement, and including the applicable clauses
referenced above and (ii) endorsements to the above -required policies, which add to these policies
the applicable clauses referenced above. Such endorsements shall be signed by an authorized
representative of the insurance company and shall include the signatory's company affiliation and
title. Grantee's responsibility to see that City receives documentation, acceptable to City, which sustains
that the individual signing such endorsements, is indeed authorized to do so by the insurance company. In
addition, City reserves the right at any time to demand, and to receive within a reasonable time,
certified copies of any insurance policies required under this Agreement, including endorsements
effecting the coverage required by these specifications.
(4) Company Rating. All insurance coverage shall be written with a company having an
AM. Best Rating "A" or better and financial size VIII orlarger.
(5) Failure to Comply. In the event of any failure by the Grantee to comply with these
provisions, the City may, after notice to the Grantee, suspend the program for cause until
there is full compliance.
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K.
The Grantee agrees that any facility/property used in furtherance of said program shall be specifically
zoned and permitted for such use(s) and activity (ies). Should the Grantee fail to have the required
land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating
thereto, the Grantee shall immediately make good -faith efforts to gain compliance with local, state,
or federal rules and regulations following written notification of said violation(s) from the City or other
authorized citing agency. The Grantee shall notify the City immediately of any pending violations.
Failure to notify the City of pending violations, or to remedy such known violation(s), shall result in
termination of grant funding hereunder. The Grantee must make all corrections required to bring the
facility/property into compliance with the law within sixty (60) days of notification of the
violation(s); failure to gain compliance within such time shall result in termination of grant funding
hereunder.
L. Displacement and Relocation.
The Grantee must assure that it has taken all reasonable steps to minimize displacement of
persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408.
M. Provisions Required by Law Deemed Inserted.
Each and every provision of law and clause required by law to be inserted in this contract shall be
deemed to be inserted herein and the Agreement shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted or correctly
inserted, then upon the application of either Party, the contract shall forthwith be physically
amended to make such insertion orcorrection.
A. Non -Profit Status
The Grantee certifies that:
(1) The Grantee is a duly organized and existing non-profit corporation in good standing
and authorized to do business under the laws of the City of Lubbock and in possession of
required non-profit status under the United States Internal Revenue Code [for example, 26
USC § 501(c)(3)]. The Grantee has full right, power, and lawful authority to accept the
funding hereunder and to undertake all obligations as provided herein and the execution,
performance, and delivery of this Agreement by the Grantee has been fully authorized by all
requisite actions on the part of the Grantee.
(2) If the Grantee's non-profit status changes at any time during this Agreement, it will
advise the City within 15 days of suchchange.
(3) If the Grantee is a private non-profit, it hereby agrees that the members of its Board
of Directors will receive no compensation, directly or indirectly, from any funds generated
from or because of the ESG-CV program, for their services.
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(4) As a non-profit, the Grantee acknowledges that administration of its operation and
services are subject to the requirements as established in 2 CFR §200.
B. Adherence to Federal, State, and Local Laws and Regulations
(1) General. The Grantee agrees to comply with all requirements of the ESG-CV
program as stated in 24 CFR 576 and applicable crosscutting Federal, State, and Local
requirements.
(2) Economic Opportunities for Low- and Very Low-income Persons. The Grantee
shall ensure that employment and other economic opportunities generated by the Program
shall, to the greatest extent feasible, be directed to very low-income persons fifty (50)
percent area median income, particularly those who are recipients of government assistance
for housing. Section 3 ofthe Housing and Urban Development Act of 1968, 12 U.S.C. 1701u,
and regulations at 24CFR part 135 apply, except that homeless individuals have priority over
other Section 3 residents in accordance with § 576.405(c).
(3) Civil Rights. The Grantee agrees to comply with Title VI of the Civil Rights Act of
1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of
the Title I of the Housing and Community Development Act of 1974, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, and 41 CFR Chapter 60.
(4) Nondiscrimination and Equal Employment Opportunity. During the performance
under this Agreement, the Grantee shall not discriminate against any employee or applicant
for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry,
national origin, marital status, familial status, sexual orientation, or any other basis
prohibited by applicable law. The Grantee shall take affirmative action to ensure that all
applicants and employees are treated without regard to race, color, creed, religion, sex, age,
handicap, disability, ancestry, national origin, marital status, familial status, and sexual
orientation. The Grantee shall comply with all provisions of Executive Order 11246, Equal
Employment Opportunity, as amended by Executive Orders 11375 and 12086.
(5) Nondiscrimination and Equal Opportunity in Participation. The requirements in
24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal
opportunity requirements at 24 CFR § 5.105(a). The Grantee shall not discriminate against
any participant on the ground of race, color, creed, religion, sex, age, handicap, disability,
ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis
prohibited by applicable law. The Grantee shall, through affirmative outreach, make known
that use of the facilities, assistance, and services are available to all on a nondiscriminatory
basis. The Grantee must take appropriate steps to ensure effective communication with
persons with disabilities.
(6) Americans with Disabilities Act. The Grantee agrees to comply with any federal
regulations issued pursuant to compliance with the Americans with Disabilities Act, which
prohibits discrimination and ensures equal opportunity for persons with disabilities in
employment, State and Local government services, and public accommodations.
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() Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory
duty to affirmatively further fair housing. HUD requires the same of its funded Grantees.
The Grantee has a duty to affirmatively further fair housing opportunities for classes
protected under the Fair Housing Act.
C. Falsification of Information
The Grantee represents and warrants that it has made no false statements to the City in the
process of obtaining this award of the ESG-CV Funds.
D. Drug Free Workplace
The Grantee represents and warrants that it has established the following drug -free workplace
policy:
(1) The unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally
funded program.
(2) As an employee working in conjunction with a federally funded program, the
employees of the Grantee will be requiredto:
a. Abide by the terms above in statement (1), and
b. Notify the appropriate Grantee authorities and City officials of any criminal
drug statute conviction for a violation occurring in the workplace.
Such notification shall be made no later than five (5) days after conviction.
(3) The City and the United States Department of Housing and Urban Development will
be notified within ten days after receiving notice of any such violation.
(4) Within thirty (30) days of receiving such notice, appropriate personnel action will
be taken against such employee, up to and including termination.
(5) Each such employee shall be required to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal, State or Local
health, law enforcement, or other appropriate agency.
E. Reli ious Organization
The Grantee may not engage in inherently religious activities, such as worship, religious
instruction, or proselytization as part of said program or services. If the Grantee conducts such
activities, the activities must be offered separately, in time or location, from said programs or
services, and participation must be voluntary for the program participants. The Grantee shall not
discriminate against a program participant or prospective program participant based on religion or
religious belief.
t8
If the Grantee is a religious organization, it retains its independence from Federal, State, and Local
governments, and may continue to carry out its mission, including the definition, practice, and
expression of its religious beliefs, provided that the religious organization does not use direct ESG-
CV funds to support any inherently religious activities. The Grantee agrees that rehabilitation of
structures by the religious organization in connection with said program must be in sound accord
with the provisions under 24 CFR § 576.406.
F. Additional Terms between the City and HUD
The Grantee agrees further that it shall be bound by the standard terms and conditions used in the
Grant Agreement between HUD and the City and such other rules, regulations, or requirements as
HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the
execution of this Agreement by the Parties hereto.
G. OSHA
Where employees are engaged in activities not covered under the Occupational Safetyand Health
Act of 1970, they shall not be required or permitted to work, be trained, or receive services in
buildings or surroundings or under working conditions, which are unsanitary, hazardous, or
dangerous to the participants' health or safety.
H. Hatch Act
The Grantee agrees that no funds provided, nor personnel employed under this Agreement,
shall be in any way or to any extent engaged in the conduct of political activities in violation of
the Hatch Act, 5 U.S.C. Section 1501 et seq.
I. Davis -Bacon Act
The provisions of the Davis -Bacon Act (40 U.S.C. 276a to 276a-5) do not apply to the ESG-
CV Program.
(8) ADMINISTRATIVE REQUIREMENTS
Generally
The following requirements and standards must be complied with as stated in 2 CFR Part 200, et
al. GRANTEE shall procure all materials, property, or services in accordance with the
requirements of 2 CFR § 200.318-326.
A. Procurement
(1) Compliance. The Grantee shall comply with current HUD and City policies
concerning the procurement of equipment, goods, and services, and shall maintain inventory
records of all non -expendable personal property as defined by such policy as may be procured
with funds provided herein. The Grantee shall report to the City all program assets
(unexpended program income, property, equipment, etc.), and upon the CITY' S request, such
assets shall revert to the City upon termination of this Agreement.
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(2) Pursuant to 2 CFR § 200.331 (a) (4), the Indirect Cost Rate for the Grantee's award
shall be an approved federally recognized cost rate negotiated between the Grantee and the
Federal government, or, if no cost rate exists, the de minimis indirect cost rate, as defined in
2 CFR § 200.414(b) Indirect (F & A) costs, shall be used. For this Agreement, the de minimis
indirect cost of 10% will apply.
(3) Use and Reversion of Assets. The use and disposition of equipment under this
Agreement shall comply with the requirements of 2 CFR Part200.
B. Reporting
Reporting requirements must conform to the policies and procedures as established by the City
and in compliance with 24 CFR § 576.500. The Grantee shall submit to the City, on or before the
l 0a' day of each month:
(1) Payment Request. An original request for reimbursement and true copies of invoices,
receipts, Agreements, or other documentation supporting and evidencing how the ESG-CV
Funds have been expended during the applicable month.
(2) Monthly Activities and written cumulative (year-to-date) reports of activities,
program accomplishments, new program information, and up-to-date program statistics on
expenditures, caseload and activities. Failure to provide any of the required documentation
and reporting will cause the City to withhold all or a portion of a request for reimbursement
until such documentation and reporting has been received and approved by the City.
(3) Any other such reports as the City (or HUD) shall reasonably require and/or request,
including but not limited to the following information: monthly records of all ethnic and
racial statistics of persons and families benefited by the Grantee in the performance of its
obligations under this Agreement.
C. Record Keeping
Sufficient records must be established and maintained to enable the City and HUD to determine
whether the ESG-CV requirements are being met. Record keeping requirements must conform to
the policies and procedures as established by the City. All accounting records, reports, all evidence
pertaining to costs, expenses, and ESG-CV Funds of the Grantee, and all documents related to this
Agreement shall be maintained and kept available at the Grantee's office or place of business for
the duration of the Agreement and thereafter for five (5) years post- completion of an audit in
conformity with the ESG-CV requirements, except as hereinafter provided relating to retention of
any records or documentation existing, created, or maintained in compliance with Lead -based
Paint regulations, which likely require longer retention as outlined below. Records which relate
to (a) complaints, claims, administrative proceedings or litigation arising out of the performance
of this Agreement, or (b) costs and expenses of this Agreement to which the City or any
other governmental agency takes exception, shall be retained beyond the five (5) years until
complete resolution or disposition of such appeals, litigation claims, or exceptions.
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All said records must be retained for the greater of the aforementioned duration or the periods
specified in 24 CFR § 576.500(y). All records relating to, or created or maintained in compliance
with, the Lead -Based Paint regulations shall be retained and maintained by the Grantee
indefinitely, including without limitation, all inspection report(s), and disclosure statement(s), and
clearance report(s). Copies made by microfilming, photocopying, or similar methods may be
substituted for the original records. The City, HUD and auditors shall have the right to access all
Grantee records for as long as the records are retained by the Grantee. In the event the Grantee
does not make the above- referenced documents available within the City of Lubbock, the Grantee
agrees to pay all necessary and reasonable expenses incurred by the City in conducting any audit at
the location where said records and books of account are maintained. The Grantee agrees to meet
the requirements set forth in 24 CFR § 576.500.
Confidentiality of Records. Grantee shall adhere to the requirements of 24 CFR 576.500(x) and
any written procedures developed by the City and provided to Grantee from time to time during
the Term of the Agreement.
D. Homeless Management Information Systems (HMIS) City of Lubbock has adopted the
Texas Balance of State Continuum of Care Written Standards - Service Delivery. EXHIBIT C,
which can be located htt s://www.thn.or-content/u loads/2019/03/Approved TX-BoS-CoC-
Written- Standards-2018-19.pdf
(1) The Grantee must ensure that data is entered on all persons served and all activities
assisted under ESG-CV are entered into the applicable community -wide HMIS in the
area in which those persons and activities are located, or with the express knowledge
and written consent of the City, a comparable database, in accordance with HUD's
standards on participation, data collection, and reporting under a local HMIS, using the
HMIS -- Data Standards Manual. EXHIBIT D, which can be located
https:Hfiles.hudexchange.info/resources/documents/HMIS-Data-Standards-Manual.t)df
(2) HMIS Agency Agreement. The Grantee shall execute an Agreement with the
HMIS Lead Agency, appointed by the Texas Balance of State CoC, to participate in the
regionally established HMIS system. The Grantee shall distribute a copy of the Grantee's
Agreement with the HMIS Lead Agency to the City within five (5) business days of this
Agreement's execution. In the case of Domestic Violence service providers or other agencies
prohibited from entering data into HMIS, the Grantee shall submit to the City documentation
from the HMIS Lead Agency certifying that the Grantee is using a comparable database
within five (5) business days of this Agreement's execution.
(3) HMIS Interagency Data Sharing Agreement. The Grantee shall enter into an
Interagency Data Sharing Agreement with the HMIS Lead Agency where the Grantee agrees
to share HMIS data with other ESG agencies regarding clients that are served in ESG funded
programs, unless prohibited by law. A copy of such Agreement shall be delivered to the City.
Include HMIS Client Release of Information consent form. EXHIBIT E, which can be
located https://www.thn.orvJwp- content/uploads/2018/01/HMIS-Client-ROI.pdf
(4) HMIS Data Input. Grantee must enter data directly into the Texas Balance of State
CoC HMIS System, and adhere to all implementation guidelines developed under the
Continuum of Care.
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HMIS participation includes, but is not limited to, the input of all programmatic and client
data for the generation of all mandated monthly, quarterly and closeout reports. Grantee must
input client data in real time, or no more than twenty-four (24) hours after date of program
entry. Services rendered to clients must be entered into HIMS within twenty-four (24) hours
from date of services. All clients who exit the program must have updated status in HIMS
within twenty- four (24) hours of actual exit date. Failure to meet the above Data Input
requirements will constitute a violation of the terms and conditions of this Agreement and
subject to the remedies set forth in Section XV below.
(5) HMIS User Requirements. Grantee must assign no less than two (2) HMIS users,
including but not limited to agency Director for the agency. If for any reason an HMIS user
provides notice of resignation, or has been terminated from his/her position, the agency must
notify the City no less than 72 hours after notice is given, or after termination. The exiting
employee(s) must deactivate his/her user ID and another employee must be established after
training has been completed.
E. Audit Report Requirements
The Grantee agrees that if the Grantee expends two hundred thousand dollars ($200,000) or more in
federal funds, the Grantee shall have an annual audit conducted by a certified public accountant in
accordance with the standards as set forth and published by the United States Office of Management
and Budget (2 CFR § 200.501 a). The Grantee shall provide the City with a copy of said audit by April
1 of the year following the program year in which this Agreement is executed. Further, the Grantee
shall comply and/or cause compliance with audit report(s) required by applicable provisions of the
Lead- Based Paint Regulations as further detailed below.
A. Generally
The City will monitor the performance of the Grantee against goals and performance standards as
required herein. The Grantee shall provide the City all necessary reporting information as required
by the City in the administration and review of the Program. Substandard performance as
determined by the City will constitute noncompliance with this Agreement. If action to correct
such substandard performance is not taken by the Grantee within a reasonable period after being
notified by the City, contract suspension or termination procedures will be initiated.
B. Access to Records
The Grantee gives the City and HUD, including their authorized representative, access to and the
right to examine all records, books, papers, items, emails, and documents, both physical and
electronic, relating to the Program.
01
C. Audit
The City shall have the right to audit and monitor any program income as a result of an ESG-CV
activity. Upon request by the City and for audit purposes, the Grantee further agrees to provide all
files, records, and documents pertaining to related activities and clientele demographic data.
\■ [OW mil_"4-
A. Generally
Each Party to this Agreement acknowledges that it will be liable for its own negligent acts or
negligent omissions by or through itself, its employees, agents, and subcontractors. Each Party
further agrees to defend itself and themselves, and to pay any judgments and costs arising out of
such negligent acts or omissions, and nothing in this Agreement shall impute or transfer any such
liability from one to the other. In other words, the Grantee agrees to be fully responsible for its
negligent acts or omissions, or any intentional tortuous acts, which result in claims, or suits against
the City, and agrees to be liable for any damages proximately caused by said acts or omissions.
Nothing herein shall be construed as consent by a State or City agency or subdivision to be sued
by third parties in any matter arising out of any contract, and nothing herein is intended to serve as
a waiver of sovereign immunity where sovereign immunity applies.
B. City not Liable for Funds
The Grantee further acknowledges that the source of the ESG-CV Funds is a federal pass- through
grant to the Grantee. The City shall have no obligation to advance or pay the Grantee with any
funds other than the ESG-CV Funds the City receives from HUD.
C. Hold Harmless
The Grantee shall defend, indemnify and save harmless the City, its officers, agents, employees,
representatives, volunteers, and student externs from and against any and all claims, demands,
defense costs, liability or damages of any kind or nature resulting from or arising out of the acts,
errors or omissions of the Grantee, its officers, directors, employees, agents, subcontractors, and
suppliers in the performance of Grantee's services and activities under this Agreement.
(11) ENVIRONMENTAL CONDITIONS
A. Generally
ESG activities are subject to environmental review by the City under the environmental regulations
in 24 CFR Part 58. The Grantee, or any contractor of the Grantee, may not acquire, rehabilitate,
convert, lease, repair, dispose of, demolish, or construct property for a project or activity under this
part, or commit or expend ESG or local funds for eligible activities under this part unless and until
the City has performed an environmental review under 24 CFR part 58 and the Grantee has received
City approval of the project.
2.3
The Grantee agrees to comply with all applicable environmental requirements insofar as they apply
to the performance of this Agreement, including but not limited to the Clean Air Act, the Federal
Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the Grantee also
shall comply with the Historic Preservation requirements of the National Historic Preservation Act
of 1966.
B. Lead -based paint remediation and disclosure
The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations
in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG and
all housing occupied by program participants that were built before 1978.
C. Assignment of Responsibilities
By this Agreement, the Grantee will accept assignment from the City of all responsibilities
set forth in Subpart K of 24 CFR 35.
D. Compliance with Subpart K
The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead -based
paint ("LBP") hazards in a residential property that receives Federal assistance under certain HUD
programs for acquisition, leasing, support services, or operation. In connection with the grant funds
under this Agreement, the City requires that the Grantee comply and show evidence of compliance
with all applicable subparts of 24 CFR 35, and especially, Subpart K ("LBP Regs"). The Grantee
shall conduct the following activities for the dwelling unit, common areas servicing the dwelling
unit, and the exterior surfaces of the building in which the dwelling unit is located:
(1) A visual assessment of all painted surfaces in order to identify deteriorated paint;
(2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance
with §§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is
occupied, immediately after receipt of Federal assistance;
(3) Ongoing lead -based paint maintenance activities into regular building operations,
in accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial
relationship with a Federal housing assistance program, except that mortgage insurance or
loan guarantees are not considered to constitute an active programmatic relationship for the
purposes of this part; and
(4) Notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the
results of the clearance examination.
24
E. Notification of LBP Hazard
The Grantee shall provide to all occupants of housing:
(1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information
pamphlet. The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead
hazard information pamphlet or an EPA -approved equivalent.
(2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge
regarding the presence of LBP and LBP hazards prior to leasing a housing unit.
(3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of
the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any
lead hazard reduction work.
F. LBP Information Summary
For purposes of information only and in no respect intended to be a representation or warranty of
the provisions of the LBP Regulations, the City has caused to be prepared an information summary
relating to the LBP Regulations and Application to dwelling units that may be occupied by
recipients of services and/or funding from the Grantee under this Agreement. City staff will
cooperate with and be available to the Grantee to assist in implementation of compliance with the
LBP Regs as to residential dwelling units to be assisted by the Grantee. The Parties acknowledge
and agree the City shall not be liable or responsible for the accuracy of such summary, and the
Grantee is directed to the LBP Regulations and implementing guidance published and provided by
HUD relating to compliance with such LBP Regulations.
G. Exemptions
Section 35.115(a) provides exemptions from Subparts B through R. For example, lead -based
paint requirements do not apply to housing assistance if the assistance lasts less than one hundred
(100) days.
(12) CONFLICTS OF INTEREST
The Grantee shall comply with 2 CFR § 200.112 with respect to the use of ESG-CV funds to
procure services, equipment, supplies, or other property. With respect to all other decisions
involving the use of ESG-CV funds, the following restriction shall apply: No person who is an
employee, agent, consultant, officer, or elected or appointed official of the Grantee and who
exercises or has exercised any functions or responsibilities with respect to assisted activities, or who
is in a position to participate in a decision making process or gain inside information with regard to
such activities, may obtain a personal or financial interest or benefit from the activity, or have an
interest in any contract, subcontract, or Agreement with respect thereto, or the proceeds there
under, either for himself or herself, or for those with who he or she has family or business ties,
during his or her tenure or for one (1) year thereafter. The Grantee agrees to abide by the ESG-CV
Program's Conflict of Interest provisions as expressly detailed in 24 CFR§576.404 regarding
Organizational Conflicts of Interest and Personal Conflicts of Interest.
25
All contractors of the Grantee must comply withthe same requirements that apply to the Grantee
under this section.
The Grantee may not, with respect to individuals or families occupying housing owned by the
Grantee, or any parent or subsidiary of the Grantee, carry out the initial evaluation required under
24 CFR 576.401 or administer homelessness prevention assistance under 24 CFR 576.103
(13) ASSIGNABILITY
None of the duties of, or work to be performed by, the Grantee under this Agreement shall be
subcontracted or assigned to any agency, consultant or person without the prior written consent of
the City. The Grantee must submit all subcontracts and other Agreements that relate to this
Agreement to the City. No subcontract or assignment shall terminate or alter the legal obligations
of the Grantee pursuant to this Agreement.
This Agreement supersedes any and all other Agreements, either oral or in writing, between the
Parties hereto with respect to the use of the City's ESG-CV funds by the Grantee and contains all
the covenants and Agreements between the Parties with respect to such ESG-CV Funds in any
manner whatsoever. Each Party to this Agreement acknowledges that no representations,
inducements, promises or Agreements, orally or otherwise, have been made by any Party, or
anyone acting on behalf of any Party, which are not embodied herein, and that no other Agreement
or amendment hereto shall be effective unless executed in writing and signed by both the City and
the Grantee.
The Grantee shall not obligate, encumber, spend, or otherwise utilize ESG-CV funds for any
activity or purpose not included or not in conformance with the budget as apportioned and as
submitted to the City unless:
a. The Grantee has received explicit written approval from the City to undertake such
actions, or
b. Budget changes may be made among approved program activities and among
approved budget categories so long as the specific project activity has been approved,
there is no change to the total grant amount, and the changes to the budget are
documented.
Any program modification request by the Grantee must be requested at least forty-five
(45) days prior to the end of the term of this Agreement. No modification to this Agreement shall
be binding by either Party unless in writing and signed by both Parties.
26
In the event that the City approves any amendment to the funding allocation, the Grantee shall be
notified in writing and such notification shall constitute an official amendment. The City may, at
its discretion and upon provision of proper notice to the Grantee, amend this Agreement to conform
to changes in Federal, State, and/or the City laws, regulations, guidelines, directives, and
objectives. Such amendments shall be incorporated by written amendment as a part of this
Agreement.
A. Events of Default.
For purposes of this Section XIV, the word "Default" shall mean the failure of Grantee to perform
any of Grantee's duties or obligations or the breach by Grantee of any of the terms and conditions
set forth in this Agreement. In addition, Grantee shall be deemed to be in Default upon Grantee's
(i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator
for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of
creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary
petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case
of an involuntary petition, the same is dismissed within thirty (30) days of such filing), or (v)
suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any
attachment, levy, execution or seizure of all or a substantial portion of Grantee's assets or of
Grantee's interests hereunder.
City shall not be deemed to be in Default in the performance of any obligation required to be
performed by City hereunder unless and until City has failed to perform such obligation for a
period of thirty (30) days after receipt of written notice from Grantee specifying in reasonable
detail the nature and extent of any such failure; provided, however, that if the nature of City's
obligation is such that more than thirty (30) days are required for its performance, then City shall
not be deemed to be in Default if City shall commence to cure such performance within such thirty
(30) day period and thereafter diligently prosecute the same to completion.
B. Institution of Legal Actions.
In addition to any other rights and remedies, and subject to the restrictions otherwise set forth in
this Agreement, either Party may institute an action at law or in equity to seek the specific
performance of the terms of this Agreement, to cure, correct or remedy any Default, to recover
damages for any Default or to obtain any other remedy consistent with the purpose of this
Agreement.
C. Rights and Remedies Are Cumulative.
Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are
cumulative, and the exercise by either Party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same Default or any other Default by the other Party.
27
D. Inaction Not a Waiver of Default.
Any failures or delays by either Party in asserting any of its rights and remedies as to any Default
shall not operate as a waiver of any Default or of any such rights or remedies, or deprive such
Party of its right to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce any such rights or remedies.
E. Attorneys' Fees.
City and Grantee agree that in the event of litigation to enforce this Agreement or terms, provisions
and conditions contained herein, to terminate this Agreement, or to collect damages for a Default
hereunder, the prevailing Party shall be entitled to all costs and expenses, including reasonable
attorneys' fees, incurred in connection with such litigation.
F. Immediate Termination for Grantee's Default.
In the event of any Default by Grantee, City may immediately terminate this Agreement. Such
termination shall be effective immediately upon receipt by Grantee of written notice from City. In
such event, Grantee shall have no further rights hereunder; City shall have all other rights and
remedies as provided by law.
G. Termination Without Cause.
City may terminate this Agreement at any time without the necessity of cause or Default by Grantee
by giving fifteen (15) days' notice in writing to Grantee. In such event, Grantee shall have no further
rights hereunder, except that Grantee shall be paid for all Services rendered prior to receipt of notice
of such termination.
H. Time for Performance.
Time is of the essence in the performance of this Agreement. Grantee shall perform and
complete all of Grantee's services in a timely and expeditious manner. Grantee shall not be
responsible for delays caused by circumstances beyond its reasonable control, provided that
Grantee has delivered to the City written notice of the cause of any such delay within ten (10) days
of the occurrence of such cause.
(17) CLOSE-OUT
The Grantee agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including
the following:
a. Grantee must submit, no later than ninety (90) calendar days after the expiration of
the term all financial, performance, and other reports as required by the terms and
conditions of the Federal award;
28
b. Unless the City authorizes an extension, Grantee must liquidate all obligations
incurred under the Federal award not later than ninety (90) calendar days after the end
date of the period of performance as specified in the terms and conditions of the Federal
award;
c. Grantee must promptly refund any balances of unobligated cash that the City paid
in advance or paid and that is not authorized to be retained by Grantee for use in other
projects (See 2 CFR 200.345);
Grantee must account for any real and personal property acquired with Federal funds or
received from the Federal government in accordance with 2 CFR 200.310-200.316 and
200.329; and,
d. The City should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement. Whenever possible, each provision of this
Agreement shall be interpreted in such manner as to be effective and valid under applicable law,
but if any provision of this Agreement is held to be prohibited by or invalid under applicable law,
such provision shall be ineffective only to the extent of such prohibition or invalidity, without
invalidating the remainder of such provisions of this Agreement.
(19) WAIVER
No delay or omission by the city hereto to exercise any right or power accruing upon any non-
compliance or default by the Grantee with respect to any of the terms of this Agreement shall
impair any such right or power or be construed to be a waiver thereof. A waiver by either of the
Parties hereto of any of the covenants, conditions, or Agreements to be performed by the other
shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant,
condition, or Agreement herein contained.
(20) AGREEMENT DOCUMENT. EXHIBITS. ANDATTACHMENTS
All of the attachments and exhibits attached to this Agreement are deemed incorporated by
reference. This document may be executed in three (3) counterparts, each of which shall be deemed
an original. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective Parties to each of the terms of this Agreement, and shall
indemnify the City fully, including reasonable costs and attorney's fees, for any injuries or damages
to the City in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT AS
OF THE RESPECTIVE DATES SET FORTHBELOW.
29
(Remainder of page intentionally left bank; signatures on next page)
30
SIGNA'1-UljFti
FOR: I HE C171 OF LLBBOCK
DA`IEL 11. POPE, MAYOR
ATTEST:
Rebeka Garza, City Secretary
APPROVED AS TO CONTENT:
�Ka�Ala
Karen Murfee, Community De opment Director
APPROVED AS TO FORM:
�-
Killi Leisure, Assistant City Attorney
FOR: P,%UI"% I% O.II;C' f
Chris opher L. Moore, Executive Director
4 V.--wa,
an Braus, Board President
FED. I.D. 447-2366074
EXHIBIT A
FY 2019 — 2020
EMERGENCY SOLUTIONS GRANT (ESG), CORONAVIRUS AID, RELIEF AND ECONOMIC
SECURITY ACT CARES (CV)
ESGCV
GRANTEE- Paul's Project
TERM - October 1, 2020 July 1, 2021
PROGRAM- Prevent, Prepare for and Respond to Coronavirus
ALLOCATION - $200,000
MATCH — Not required
PROGRAM DELIVERY- Prevent, Prepare for and Respond to Coronavirus
• Emergency Shelter Improvements
$200,000
LEVEL OF ACCOMPLISHMENT - In addition to the normal administrative services required as part of this Agreement,
the Grantee agrees to provide the following levels of program services in its performance of the Program.
Activity Timeline Accomplishments
Program October - July October 1, 2020 July 1, 2021 500 unduplicated
Monthly Reports and Reimbursement Request are due by the 101` of'each month. Year End and Outcome Report due no
later than August 10, 2021
BUDGET -
Line Item Amount
Emergency Shelter $200,000
CONTACT INFORMATION
Communication and details concerning this Agreement shall be directed to the following:
For the City:
For the Grantee:
Community Development
Paul's Project
Karen Murfee, Director
Christopher Moore, Executive Director
P.O. Box 2000
P.O. Box 53891
Lubbock, TX 79457
Lubbock, TX 79453