HomeMy WebLinkAboutResolution - 2022-R0234 - American Rescue Plan Agreement with StarCare Specialty Health SystemResolution No. 2022-R0234
Item No. 7.33
May 10, 2022
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, an American Rescue Plan Act (ARPA) Funding Agreement
for the Construction of Infrastructure to Serve as a Center for Behavioral Health Crisis, by and
between the City of Lubbock and StarCare Specialty Health System, a Unit of Local
Government, as authorized by Chapter 534 of the Texas Health and Safety Code, with a
simultaneous Internal Revenue Service designation of a 501(c) 3 not -for profit charitable
organization, and related documents. Said Funding Agreement 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 May 10, 2022
Qlel/
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Sece
APPROVED AS TO CONTENT:
19r�40
Bill How rton, Deputy;
Manager
APPROVED AS TO FORM:
RyanBr oke, Assistant City Attorney
RES.ARPA Funding Agreement-StarCare
5.2.22
Resolution No. 2022-R0234
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
AMERICAN RESCUE PLAN ACT (ARPA) FUNDING AGREEMENT FOR THE
CONSTRUCTION OF INFRASTRUCTURE TO SERVE AS A CENTER FOR
BEHAVIORAL HEALTH CRISIS
This ARPA Funding Agreement for Infrastructure Construction (the
"Agreement") Contract No. 16598 is entered into this tenth day of May 2022, is by and
between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and
StarCare Specialty Health System., a Unit of Local Government, as authorized by
Chapter 534 of the Texas Health and Safety Code, with a simultaneous Internal Revenue
Service designation of a 501(c) 3 not -for profit charitable organization (the
"Subrecipient").
WHEREAS, the Coronavirus Disease 2019 ("COVID-19") pandemic caused
numerous public health and economic issues throughout the United States, including in
the City of Lubbock; and
WHEREAS, on March 27, 2020, the President signed into federal law the
Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), which established
the Coronavirus Relief Fund; and
WHEREAS, on March 11, 2021, the President signed into federal law the
American Rescue Plan Act ("ARPA"), which established the Coronavirus State Fiscal
Recovery Fund and Coronavirus Local Fiscal Recovery Funds ("CLFRF Fund"), which
together make up the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
program. The SLFRF builds on and expands the support provided to the City, including
through the Coronavirus Relief Fund; and
WHEREAS, pursuant to the SLFRF program, the United States Department of
Treasury has provided the City with a direct payment from the CLFRF Fund to cover
certain costs, which includes the requirement of the obligation of funds by December 31,
2024 for following uses:
(1) To respond to the public health emergency with respect to the Coronavirus Disease
2019 (COVID-19) or its negative economic impacts, including assistance to households,
small businesses, and nonprofits, or aid to impacted industries such as tourism, travel,
and hospitality;
(2) To respond to workers performing essential work during the COVID-19 public health
emergency by providing premium pay to eligible workers of the metropolitan city, non -
entitlement unit of local government, or county that are performing such essential work,
or by providing grants to eligible employers that have eligible workers who perform
essential work;
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(3) For the provision of government services to the extent of the reduction in revenue of
such metropolitan city, non -entitlement unit of local government, or county due to the
COVID-19 public health emergency relative to revenues collected in the most recent full
fiscal year of the metropolitan city, non -entitlement unit of local government, or county
prior to the emergency; and
(4) To make necessary investments in water, sewer, or broadband infrastructure; and
WHEREAS, the City is a metropolitan city as defined by section 5302(a)(4) of
the Housing and Community Development Act of 1974 (42 U.S.C. § 5302(a)(4)); and
WHEREAS, the City is allocating the costs for the assistance provided under this
Agreement prior to December 31, 2024; and
WHEREAS, the COVID-19 pandemic has contributed to a growing number of
individuals in Lubbock, and across the nation in need of behavioral health services; and
WHEREAS, the City has determined the funds the City is providing to
Subrecipient under this Agreement are reasonable and necessary expenditures to address
the COVID-19 public health emergency to respond to and assist those who have
experienced a behavioral health crisis; and
WHEREAS, the City recognizes the need for coordination of mental health
treatment, substance misuse treatment and other community support services in a
centralized location for those who are in crisis; and
WHEREAS, the community also seeks to provide recovery oriented, short -stay
alternative to incarceration for non-violent, justice -oriented persons with behavioral
health needs; and
WHEREAS, the primary goal of this Agreement is for the City to provide the
Subrecipient funds to support the building of a facility to house coordinated efforts for
mental health and substance use crisis services; and
WHEREAS, the Subrecipient shall combine funds in the amount of $3,500,000
awarded by Lubbock County to develop and construct the center; and
WHEREAS, the Subrecipient and the City shall work together along with vested
community partners to expand services in the community;
NOW THEREFORE, for and in consideration of the terms, covenants and
conditions set forth in this Agreement, the City and the Subrecipient hereby agree as
follows:
ARTICLE I. TERM
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The term of this Agreement commences on the Effective Date and continues
without interruption through December 31, 2026. An amendment to this Agreement
resulting in an increase in the amount of the consideration must be approved by the City
acting through its governing body.
ARTICLE II. SCOPE OF SERVICES
The Subrecipient shall be responsible for the construction of a 10,000 square foot
(approximate) service site to be adjoined with the existing service location known as
Sunrise Canyon in which behavioral health crisis services will be delivered to help people
who are experiencing mental health distress receive appropriate specialty healthcare,
thereby avoiding emergency rooms, jails, and inpatient hospitals, as appropriate.
The center will be open to all Lubbock residents regardless of income or
insurance status. The center will screen anyone who presents at the center in mental
health crisis with the goal of linking the individuals to the most appropriate level of care.
Although the goal is to assist everyone, receipt of some services may be limited based on
diagnosis and specific program eligibility requirements.
The Subrecipient shall move existing crisis mental health services into the new
facility to include:
1) 24/7 walk-in psychiatric crisis services;
2) 24/7 law enforcement/emergency services drop-off;
3) 23-hour Extended Observation Unit;
4) Drop in services for adults with complex mental health challenges;
5) Group therapy;
6) Psychosocial rehabilitation;
7) Targeted case management; and
8) Access to walk-in psychiatric consultation.
The parties will work to establish a steering committee through a separate
interlocal agreement by December 1, 2022 to recommend polices, improve coordination
of, and support the operation of the center constructed with funds awarded through this
contract. The intention of the parties is that the steering committee will make
recommendations about the operation and priorities of services to be provided in the
center. The intentions of the parties is that the steering committee agreement will be
developed by members of the West Texas Mental Health Collaborative (WTMHC). And
that each member organization of WTMHC will be offered one (1) position on the
steering committee. The Subrecipeint shall work with the steering committee and other
vested community organizations to braid existing funding, secure additional funding and,
to the extent they are willing, coordinate with existing providers to expand services to
include:
1) Onsite medical clearance;
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2) Onsite primary care;
3) Medication management;
4) An array of Substance Use Disorder services; and
5) Discharge planning to coordinate access to housing, social services, and
treatment post -discharge, utilizing case managers and peer support.
The subrecipient shall design the building in a manner that includes space for
existing programs as well as allows room for expansion, including flexible space in
which to house community partners who serve the same people . The subrecipient will
review the final floor plans and receive approval from the City before construction
begins. The City agrees to provide such approval in an expeditious manner so as to not
impede progress needed for completion within the established timelines referenced
herein.
The projected opening date of the facility is September 2023. The Subrecipient
shall provide the City with quarterly updates (March, June, September and December of
each year) about the project status through completion.
ARTICLE III. CONVEYANCE OF ARPA GRANT FUNDS
The City agrees to convey ARPA grant funds to the Subrecipient in the amount
of three million five hundred thousand dollars ($3,500,00.00) which includes the cost of
construction of patient care space, office space, lobby space, connection corridors,
furniture, fixtures, equipment, parking, signage and landscaping.
ITEM
Estimated Cost
Patient Care Space
$1,750,000
Office Space
$312,500
Lobby Space
$150,000
Connection Corridors
$75,000
Furniture, Fixtures and Equipment
$362,500
Parking/Signage/Landscaping
$350,000
Utility and Road Infrastructure
$500,000
TOTAL
$3,500,000
The transfer of ARPA grant funds to the Subrecipient shall be one lump sum
payment within 30 days after contract execution.
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ARTICLE IV. TERMINATION
A. General. The City may terminate this Agreement, for cause, upon thirty (30)
days written notice to the Subrecipient, and Subrecipient does not cure its default within
the time stated in the written notice. In the event this Agreement is so terminated, the City
shall only provide ARPA grant funds to the Subrecipient for the infrastructure
contemplated here which is constructed up to the date the Subrecipient is deemed to have
received notice of termination, as provided herein. Further, any excess ARPA grant
funds in the Subrecipient's possession shall be refunded to the City immediately upon
termination.
B. Termination and Remedies. In the event either party breaches any term and/or
provision of this Agreement, the parties shall be entitled to exercise any right or remedy
available to it by this Agreement, at law, equity, or otherwise, including without
limitation, termination of this Agreement and assertion of an action for damages and/or
injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or
subsequent exercise of any right or remedy and all rights and remedies shall be
cumulative.
ARTICLE V. NON - ARBITRATION
The parties reserve the right to exercise any right or remedy available to it by law,
contract, equity, or otherwise, including without limitation, the right to seek any and all
forms of relief in a court of competent jurisdiction. Further, the parties shall not be
subject to any arbitration process prior to exercising its unrestricted right to seek judicial
remedy. The remedies set forth herein are cumulative and not exclusive, and may be
exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this Agreement, this provision shall control.
ARTICLE VI. REPRESENTATIONS AND WARRANTIES
A. Existence. The Subrecipient is a Unit of Local Government, as authorized by
Chapter 534 of the Texas Health and Safety Code, with a simultaneous Internal Revenue
Service designation of a 501(c) 3 not -for profit charitable organization validly existing,
and in good standing under the laws of the State of Texas and is qualified to carry on its
business in the State of Texas.
B. Corporate Power. The Subrecipient has the legal authority to enter into and
perform this Agreement and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Agreement and the
activities contemplated hereby have been duly and validly authorized by all the requisite
action on the part of the Subrecipient. This Agreement constitutes legal, valid, and
binding obligations of the Subrecipient and is enforceable in accordance with the terms
thereof.
D. Subrecipient. The Subrecipient maintains a commercially proficient staff and
employs, as needed, other qualified specialists experienced in completing the Project, and
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is familiar with all laws, rules, and regulations, both state and federal, including, without
limitation the applicable laws, regarding the Project contemplated hereby.
E. Performance. The Subrecipient will and shall conduct all activities
contemplated by this Agreement in accordance with the standard of care, skill and
diligence normally provided by a professional person in performance of similar services,
and comply with all applicable laws, rules, and regulations, both state and federal,
relating to professional services, as contemplated hereby.
F. Use of Copyrighted Material. The Subrecipient warrants that any materials
provided by the Subrecipient for use by City pursuant to this Agreement shall not contain
any proprietary material owned by any other party that is protected under the Copyright
Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation
relating to the use or reproduction of materials. The Subrecipient shall be solely
responsible for ensuring that any materials provided by the Subrecipient pursuant to this
Agreement satisfy this requirement and the Subrecipient agrees to indemnify and hold
City harmless to the extent allowable by law from all liability or loss caused to City or to
which City is exposed on account of the Subrecipient's failure to perform this duty.
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
The Subrecipient and the City agree that the Subrecipient shall perform the duties
under this Agreement as an independent contractor and shall be considered as
independent contractor under this Agreement and/or in its activities hereunder for all
purposes. The Subrecipient has the sole discretion to determine the manner in which the
Services are to be performed. During the performance of the Services under this
Agreement, the Subrecipient and the Subrecipient's employees and/or sub -consultants,
will not be considered, for any purpose, employees or agents of the City within the
meaning or the application of any federal, state or local law or regulation, including
without limitation, laws, rules or regulations regarding or related to unemployment
insurance, old age benefits, workers compensation, labor, personal injury or taxes of any
kind.
ARTICLE VIII. PERFORMANCE AND PAYMENT BONDS
Upon execution of this Agreement, and prior to any work on the Project, the
Subrecipient shall obtain from the general construction contractor and present to the City
performance and payment bonds in compliance with the Texas Government Code §
2253.021.
ARTICLE IX. INSURANCE
The Subrecipient shall procure and carry, at its sole cost and expense through the
life of this Agreement, except as otherwise provided herein, insurance protection as
hereinafter specified, in form and substance satisfactory to the City, carried with an
insurance company authorized to transact business in the state of Texas, covering all
aspects and risks of loss of all construction in connection with this Agreement, including
without limitation, the indemnity obligations set forth herein. The Subrecipient shall
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obtain and maintain in full force and effect during the term of this Agreement, and as
applicable, shall cause each approved sub -contractor or sub -consultant of the
Subrecipient to obtain and maintain in full force and effect during the term of this
Agreement, commercial general liability, professional liability and automobile liability
coverage for non -owned and hired vehicles with insurance carriers admitted to do
business in the state of Texas. The insurance companies must carry a Best's Rating of A-
VII or better. Except for Professional Liability, the policies will be written on an
occurrence basis, subject to the following minimum limits of liability:
Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability:
Combined Single Limit: $2,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
Worker's Compensation
Per Occurrence Single Limit: $500,000
The Subrecipient shall further cause any approved sub -contractor or sub -
consultant to procure and carry, during the term of this Agreement, the insurance
coverage required of Subrecipient herein, including without limitation, Professional
Liability coverage, protecting the City against losses caused by the professional
negligence of the approved sub -contractor or sub -consultant. The City shall be listed as a
primary and noncontributory additional insured with respect to the Automobile Liability
and Commercial General Liability and shall be granted a waiver of subrogation under
those policies. The Subrecipient shall provide a Certificate of Insurance to the City as
evidence of coverage.
The Certificate shall provide 30 days' notice of cancellation. A copy of the
additional insured endorsement and waiver of subrogation attached to the policy shall be
included in the Certificate. The Subrecipient shall elect to obtain worker's compensation
coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Subrecipient
shall maintain said coverage throughout the term of this Agreement and shall comply
with all provisions of Title 5 of the Texas Labor Code to ensure that the Subrecipient
maintains said coverage. The Subrecipient may maintain Occupational Accident and
Disability Insurance in lieu of Worker's Compensation. In either event, the policy must
be endorsed to include a waiver of subrogation in favor of the City. If at any time during
the life of the Agreement or any extension hereof, the Subrecipient fails to maintain the
required insurance in full force and effect, the Subrecipient shall be in breach hereof and
all work under the Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the professional
liability policy shall be maintained at the Subrecipient's sole cost and expense, unless
attributable to the work of a subconsultant. The retroactive date shall be no later than the
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commencement of the performance of this Agreement and the discovery period (possibly
through tail coverage) shall be no less than 10 years after the completion of the Services
provided for in this Agreement. The provisions of this Article IX shall survive the
termination or expiration of this Agreement.
ARTICLE X. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
The Subrecipient may employ or retain consultants, sub -contractors, or third
parties (any of which are referred to herein as "Sub -consultant"), to perform certain
duties of Subrecipient, this Agreement, provided that the City approves the retaining of
Sub -consultants. The Subrecipient is at all times responsible to the City to perform the
Services as provided in this Agreement and the Subrecipient is in no event relieved of
any obligation under this Agreement upon retainage of any approved Sub -consultant.
Any agent and/or Sub -consultant retained and/or employed by the Subrecipient shall be
required by the Subrecipient to carry, for the protection and benefit of the City and the
Subrecipient and naming said third parties as additional insureds, insurance as described
above required to be carried by the Subrecipient in this Agreement.
The Subrecipient agrees to follow all applicable notice and/or bid requirements
under Texas Law.
ARTICLE XI. CONFIDENTIALITY
The parties shall retain all information received from or concerning the
Subrecipient, the Subrecipient's business, the City and the City's business in strictest
confidence and shall not reveal such information to third parties without prior written
consent of the Subrecipient or City, unless otherwise required by law.
ARTICLE XII. INDEMNITY
TO THE EXTENT ALLOWABLE UNDER THE LAW, THE SUBRECIPIENT
SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS
ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL
SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND,
CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT
COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON,
OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON
OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO
OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE SUBRECIPIENT, ITS
AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE
PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT
AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE
INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT.
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ARTICLE XIII. COMPLIANCE WITH APPLICABLE LAWS
The Subrecipient shall comply with all applicable federal, state and local laws,
statutes, ordinances, rules and regulations relating, in any way, manner or form, to the
activities under this Agreement, and any amendments thereto.
ARTICLE XIV. NOTICE
A. General. Whenever notice from the Subrecipient to the City or the City to the
Subrecipient is required or permitted by this Agreement and no other method of notice is
provided, such notice shall be given by (1) actual delivery of the written notice to the
other parry by hand (in which case such notice shall be effective upon delivery); (2)
facsimile (in which case such notice shall be effective upon delivery); or (3) by
depositing the written notice in the United States mail, properly addressed to the other
parry at the address provided in this article, registered or certified mail, return receipt
requested, in which case such notice shall be effective on the third business day after such
notice is so deposited.
B. Subrecipient's Address. The Subrecipient's address and numbers for the
purposes of notice are:
Beth Lawson, CEO
StarCare Specialty Health System
P.O. Box 2828
Lubbock, Texas 79401
Telephone: 806-441-1542
Email: StarCare@starcarelubbock.org
C. City's Address. The City's address and numbers for the purposes of notice are:
Bill Howerton, Deputy City Manager
City of Lubbock
P.O. Box 2000
1314 Avenue K
Lubbock, Texas 79457
Email: bowerton@mylubbock.us
Telephone: 806-775-23 00
D. Change of Address. Either parry may change its address or numbers for
purposes of notice by giving written notice to the other parry as provided herein, referring
specifically to this Agreement, and setting forth such new address or numbers. The
address or numbers shall become effective on the 15th day after such notice is effective.
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ARTICLE XV. CITY -PROVIDED DATA AND RESPONSIBILITIES
Provision of Data. The City shall furnish the Subrecipient non -confidential
studies, reports and other available data in the possession of the City pertinent to the
Agreement. The Subrecipient shall be entitled to use and rely, so long as such reliance
Subrecipient's is reasonable, upon all such provided data.
ARTICLE XVI. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Agreement are
inserted in this Agreement strictly for the parties' convenience in identifying the
provisions to this Agreement and shall not be given any effect in construing this
Agreement.
B. Audit. The Subrecipient shall, upon written request, provide access to its
corporate books and records to the City. The City may audit, at its expense and during
normal business hours, the Subrecipient's books and records with respect to this
Agreement between the Subrecipient and the City.
C. Records. The Subrecipient shall maintain records that are necessary to
substantiate the activities contemplated under this agreement.
D. Assignability. The Subrecipient may not assign this Agreement without the
prior written approval of the City, which approval shall not be unreasonably withheld.
Additionally, if the Subrecipient is unable to complete the project for any reason,
E. Successor and Assigns. This Agreement binds and inures to the benefit of the
City and the Subrecipient, and in the case of the City, its respective successors, legal
representatives, and assigns, and in the case of the Subrecipient, its permitted successors
and assigns.
F. Construction and Venue.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS
AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE
PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND
EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT
JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE
PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Agreement is ever held to be invalid or
ineffective by any court of competent jurisdiction with respect to any person or
circumstance, the remainder of this Agreement and the application of such provision to
persons and/or circumstances other than those with respect to which it is held invalid or
ineffective shall not be affected thereby.
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H. Amendment. No amendment, modification, or alteration of the terms of this
Agreement shall be binding unless such amendment, modification, or alteration is in
writing, dated subsequent to this Agreement, and duly authorized and executed by the
Subrecipient and the City.
I. Entire Agreement. This Agreement, including Exhibits "A" through `B"
attached hereto, contains the entire agreement between the City and the Subrecipient, and
there are no other written or oral promises, conditions, warranties, or representations
relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a
joint venture, joint enterprise, partnership or principal — agent relationship between the
Subrecipient and the City.
K. Documents Delivered to City. Copies of any and all documents, drawings and
specifications prepared by Subrecipient as part of the construction hereunder, shall
become the property of the City when the Subrecipient has been compensated as set forth
in Article III, above. The Subrecipient, as a governmental entity and owner of the
resulting center, will retain originals of any and all work products for its files.
L. Notice of Waiver. A waiver by either the City or the Subrecipient of a breach
of this Agreement must be in writing and duly authorized to be effective. In the event
either party shall execute and deliver such waiver, such waiver shall not affect the
waiving party's rights with respect to any other or subsequent breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to
provide any rights or benefits whatsoever to any party other than the City and the
Subrecipient.
O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign
Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas
Government Code, the City is prohibited from entering into a contract with a vendor that
is identified by The Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan or a foreign terrorist organization.
P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government
Code, a) This section applies only to a contract that: (1) is between a governmental entity
and a company with 10 or more full-time employees; and (2) has a value of $100,000 or
more that is to be paid wholly or partly from public funds of the governmental entity. (b)
A governmental entity may not enter into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract.
Q. Texas Government Code 2274. By entering into this Agreement, Subrecipient
verifies that: (1) it does not, and will not for the duration of the contract, have a
practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association or (2) the verification required by Section 2274.002 of the Texas
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Government Code does not apply to the contract. If Subrecipient is a company with 10
or more full-time employees and if this Agreement has a value of at least $100,000 or
more, Subrecipient verifies that, pursuant to Texas Government Code Chapter 2274, it
does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and will not discriminate during the term of
the contract against a firearm entity or firearm trade association.
R. Subrecipient represents and warrants that: (1) it does not, and will not for the
duration of the contract, boycott energy companies or (2) the verification required by
Section 2274.002 of the Texas Government Code does not apply to the contract. If
Subrecipient is a company with 10 or more full-time employees and if this Agreement
has a value of at least $100,000 or more, Subrecipient verifies that, pursuant to Texas
Government Code Chapter 2274, it does not boycott energy companies; and will not
boycott energy companies during the term of the Agreement. This verification is not
required for an agreement where a governmental entity determines that these
requirements are inconsistent with the governmental entity's constitutional or statutory
duties related to the issuance, incurrence, or management of debt obligations or the
deposit, custody, management, borrowing, or investment of funds.
S. Texas Public Information Act. The requirements of Subchapter J, Chapter 552,
Government Code, may apply to this contract and the Subrecipient or vendor agrees that
the contract can be terminated if the Subrecipient or vendor knowingly or intentionally
fails to comply with a requirement of that subchapter.
To the extent Subchapter J, Chapter 552, Government Code applies to this
agreement, Subrecipient agrees to: (1) preserve all contracting information related to the
contract as provided by the records retention requirements applicable to the governmental
body for the duration of the contract; (2) promptly provide to the governmental body any
contracting information related to the contract that is in the custody or possession of the
entity on request of the governmental body; and (3) on completion of the contract, either:
(A) provide at no cost to the governmental body all contracting information related to the
contract that is in the custody or possession of the entity; or (B) preserve the contracting
information related to the contract as provided by the records retention requirements
applicable to the governmental body.
T. Professional Responsibility. All architectural or engineering services to be
performed shall be done with the professional skill and care ordinarily provided by
competent architects or engineers practicing under the same or similar circumstances and
professional license.
ARTICLE XVII. AGREEMENT WITH SUBRECIPIENT OF FEDERAL
RECOVERY FUNDS TERMS AND CONDITIONS
1. Use of Funds.
a. Subrecipient understands and agrees that the funds disbursed under this award
may only be used in compliance with section 603(c) of the Social Security Act
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(the Act) and Treasury's regulations implementing that section and guidance.
b. Subrecipient will determine prior to engaging in any project using this
assistance that it has the institutional, managerial, and financial capability to
ensure proper planning, management, and completion of such Project.
2. Period of Performance. The period of performance for this award begins on the
date hereof and ends on December 31, 2026. As set forth in Treasury's
implementing regulations, Subrecipient may use award funds to cover eligible
costs incurred during the period that begins on March 3, 2021, and ends on
December 31, 2024.
3. Reporting. Subrecipient agrees to comply with any reporting obligations
established by Treasury as they relate to this award.
4. Maintenance of and Access to Records
a. Subrecipient shall maintain records and financial documents sufficient to
evidence compliance with section 603(c), Treasury's regulations implementing
that section, and guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability
Office, or their authorized representatives, shall have the right of access to records
(electronic and otherwise) of Subrecipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Subrecipient for a period of five (5) years
after all funds have been expended or returned to Treasury, whichever is later.
5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be
paid with funding from this award.
6. Administrative Costs. Subrecipient may use funds provided under this award to
cover both direct and indirect costs.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by
Subrecipient.
Conflicts of Interest. The City of Lubbock understands and agrees it must
maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and
that such conflict of interest policy is applicable to each activity funded under this
award. Recipients and Subrecipients must disclose in writing to the Office of the
State Controller or the pass -through entity, as appropriate, any potential conflict
of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
The Office of the State Controller shall disclose such conflict to Treasury.
Page 13 of 22
9. Compliance with Applicable Law and Regulations.
a. Subrecipient agrees to comply with the requirements of section 603 of the Act,
regulations adopted by Treasury pursuant to section 603(f) of the Act, and
guidance issued by Treasury regarding the foregoing. Subrecipient also agrees to
comply with all other applicable federal statutes, regulations, and executive
orders, and Subrecipient shall provide for such compliance by other parties in any
agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the
following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such
provisions as Treasury may determine are inapplicable to this Award and
subject to such exceptions as may be otherwise provided by Treasury.
Subpart F — Audit Requirements of the Uniform Guidance, implementing
the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2
C.F.R. Part 25, pursuant to which the award term set forth in Appendix A
to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2
C.F.R. Part 170, pursuant to which the award term set forth in Appendix A
to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Government Wide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the
requirement to include a term or condition in all lower tier covered
transactions (Agreements and sub -contractors described in 2 C.F.R. Part
180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury's implementing regulation at 31 C.F.R. Part 19.
v. Subrecipient Integrity and Performance Matters, pursuant to which the
award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is
hereby incorporated by reference.
vi. Government Wide Requirements for Drug -Free Workplace, 31 C.F.R.
Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of
1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
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ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award
include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000(d) et
seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which
prohibit discrimination on the basis of race, color, or national origin under
programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42
U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the
basis of race, color, religion, national origin, sex, familial status, or
disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
§ 794), which prohibits discrimination on the basis of disability under any
program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101
et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23,
which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of
disability under programs, activities, and services provided or made
available by state and local governments or instrumentalities or agencies
thereto.
10. Remedial Actions. In the event of Subrecipient's noncompliance with section 603
of the Act, other applicable laws, Treasury's implementing regulations, guidance,
or any reporting or other program requirements, Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds, if any, or
take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
violation of section 603(c) of the Act regarding the use of funds, previous
payments shall be subject to recoupment as provided in section 603(e) of the Act
and any additional payments may be subject to withholding as provided in section
603(e) of the Act, as applicable.
11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the
Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political
activities of State or local government employees whose principal employment is
in connection with an activity financed in whole or in part by this federal
assistance.
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12. Copeland Anti -kickback Act. Subrecipient agrees to comply with the
requirements of the Copland Anti -kickback Act (40 U.S.C. § 3145), prohibiting a
federal funds grantee engaged in constructing, carrying out, completing, or
repairing public buildings, public works, or buildings or works that at least partly
are financed by a loan or grant from the Federal Government from inducing an
employee into giving up any part of the compensation that he or she is entitled to
under the terms of his or her employment contract.
13. Contract Work Hours and Safety Standards Act. Subrecipient agrees to comply,
as applicable, with the Contract Work Hours and Safety Standards Act (40 U.S.C.
§§ 3701-3708), regarding contracts for public works involving the employment of
laborers or mechanics.
14. Rights to Inventions Made Under a Contract or Agreement. Subrecipient agrees
to comply, as applicable, with the Rights to Inventions Made Under a Contract or
Agreement (37 C.F.R. Part 401). For any federally assisted contract, awarded to a
small business firm or nonprofit organization as defined in 37 CFR 401.2 for the
performance of experimental, developmental, or research work, the Subrecipient.
Subrecipient agrees to all of the terms in 37 CFR 401.14(a).
15. Clean Air and Water Pollution Control Acts. Subrecipient agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act
(42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. §§ 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
16. Byrd Anti -Lobbying Amendment. Subrecipient agrees to comply with the Byrd
Anti -Lobbying Amendment (31 U.S.C. § 1352), prohibiting the use of funds
appropriated by any Act to be expended by the recipient 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, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with certain Federal actions.
17. Procurement of Recovered Materials. Subrecipient agrees to comply, as
applicable, with 2 C.F.R. § 200.323 pursuant to section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act.
18. Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment. Subrecipient agrees to comply with 2 C.F.R. § 200.216 regarding the
prohibition of the utilization of grant funds for certain telecommunications and
video surveillance services or equipment.
19. Domestic Preferences for Procurements. Subrecipient agrees to comply with 2
C.F.R. § 200.322 to provide a preference for the purchase, acquisition, or use of
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goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products).
20. False Statements. Subrecipient understands that making false statements or claims
in connection with this award is a violation of federal law and may result in
criminal, civil, or administrative sanctions, including fines, imprisonment, civil
damages and penalties, debarment from participating in federal awards or
Agreements, and/or any other remedy available by law.
21. Publications. Any publications produced with funds from this award must display
the following language: "This project [is being] [was] supported, in whole or in
part, by federal award number SLFRP2653 awarded to the City of Lubbock by the
U.S. Department of the Treasury."
22. Debts Owed the Federal Government.
a. Any funds paid to the Subrecipient:
i. in excess of the amount to which the Subrecipient is finally determined
to be authorized to retain under the terms of this award;
ii. that are determined by the Treasury Office of Inspector General to have
been misused; or
iii. that are determined by Treasury to be subject to a repayment obligation
pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been
repaid by the Subrecipient shall constitute a debt to the federal
government.
b. Any debts determined to be owed to the federal government must be paid
promptly by Subrecipient. A debt is delinquent if it has not been paid by the date
specified in Treasury's initial written demand for payment, unless other
satisfactory arrangements have been made or if the Subrecipient knowingly or
improperly retains funds that are a debt as defined in paragraph 14(a). Treasury
will take any actions available to it to collect such a debt.
23. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death, bodily injury, property damages, or any other losses resulting
in any way from the performance of this award or any other losses resulting in
any way from the performance of this award or any Agreement, or sub -contractor
under this award.
b. The acceptance of this award by Subrecipient does not in any way establish an
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agency relationship between the United States and Subrecipient.
24. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote,
or otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below, information that the employee
reasonably believes is evidence of gross mismanagement of a federal Agreement
or grant, a gross waste of federal funds, an abuse of authority relating to a federal
Agreement or grant, a substantial and specific danger to public health or safety, or
a violation of law, rule, or regulation related to a federal Agreement (including the
competition for or negotiation of an Agreement) or grant.
b. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for Agreement or grant oversight or
management;
v. An authorized official of the Department of Justice or other law
enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Subrecipient,
Subrecipient, or Sub -contractor who has the responsibility to investigate,
discover, or address misconduct.
c. Subrecipient shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
25. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 18, 1997), Subrecipient should encourage its Subrecipients to
adopt and enforce on-the-job seat belt policies and programs for their employees
when operating company -owned, rented or personally owned vehicles.
Page 18 of 22
26. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74
FR 51225 (Oct. 6, 2009), Subrecipient should encourage its employees and
contractors to adopt and enforce policies that ban text messaging while driving,
and Subrecipient should establish workplace safety policies to decrease accidents
caused by distracted drivers.
ARTICLE XVIII. ASSURANCES OF COMPLIANCE WITH CIVIL
RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS
ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of
the Treasury, the Subrecipient provides the assurances stated herein. The federal financial
assistance may include federal grants, loans and Agreements to provide assistance to the
Subrecipient's beneficiaries, the use or rent of Federal land or property at below market
value, Federal training, a loan of Federal personnel, subsidies, and other arrangements
with the intention of providing assistance. Federal financial assistance does not
encompass Agreements of guarantee or insurance, regulated programs, licenses,
procurement Agreements by the Federal government at market value, or programs that
provide direct benefits.
The assurances apply to all federal financial assistance from or funds made
available through the Department of the Treasury, including any assistance that the
Subrecipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the
assurances apply to all of the operations of the Subrecipient's program(s) and
activity(ies), so long as any portion of the Subrecipient's program(s) or activity(ies) is
federally assisted in the manner prescribed above.
1. Subrecipient ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from
participation, denial of the benefits of, or subjection to discrimination under
programs and activities receiving federal financial assistance, of any person in the
United States on the ground of race, color, or national origin (42 U.S.C. § 2000d
et seq.), as implemented by the Department of the Treasury Title VI regulations at
31 CFR Part 22 and other pertinent executive orders such as Executive Order
13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to
Services for Persons with Limited English Proficiency," seeks to improve access
to federally assisted programs and activities for individuals who, because of
national origin, have Limited English proficiency (LEP). Subrecipient
understands that denying a person access to its programs, services, and activities
because of LEP is a form of national origin discrimination prohibited under Title
Page 19 of 22
VI of the Civil Rights Act of 1964 and the Department of the Treasury's
implementing regulations. Accordingly, Subrecipient shall initiate reasonable
steps, or comply with the Department of the Treasury's directives, to ensure that
LEP persons have meaningful access to its programs, services, and activities.
Subrecipient understands and agrees that meaningful access may entail providing
language assistance services, including oral interpretation and written translation
where necessary, to ensure effective communication in the Subrecipient's
programs, services, and activities.
3. Subrecipient agrees to consider the need for language services for LEP persons
when Subrecipient develops applicable budgets and conducts programs, services,
and activities. As a resource, the Department of the Treasury has published its
LEP guidance at 70 FR 6067. For more information on taking reasonable steps to
provide meaningful access for LEP persons, please visit hM://www.lep.gov.
4. Subrecipient acknowledges and agrees that compliance with the assurances
constitutes a condition of continued receipt of federal financial assistance and is
binding upon Subrecipient and Subrecipient's successors, transferees, and
assignees for the period in which such assistance is provided.
5. Subrecipient acknowledges and agrees that it must require any sub -grantees,
Subrecipients, sub -contractors, successors, transferees, and assignees to comply
with assurances 1-4 above, and agrees to incorporate the following language in
every Agreement or agreement subject to Title VI and its regulations between the
Subrecipient and the Subrecipient's sub -grantees, Subrecipients, sub -contractors,
successors, transferees, and assignees:
The sub -grantee, Subrecipient, sub -contractor, successor, transferee, and
assignee shall comply with Title VI of the Civil Rights Act of 1964, which
prohibits Subrecipients of federal financial assistance from excluding from
a program or activity, denying benefits of, or otherwise discriminating
against a person on the basis of race, color, or national origin (42 U.S.C.
§ 2000d et seq), as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made apart of this Agreement (or agreement). Title VI also
includes protection to persons with "Limited English Proficiency" in any
program or activity receiving federal financial assistance, 42 U.S.C. §
2000d et seq., as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, and herein incorporated by reference and
made apart of this Agreement or agreement.
6. Subrecipient understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the
Department of the Treasury, this assurance obligates the Subrecipient, or in the
case of a subsequent transfer, the transferee, for the period during which the real
property or structure is used for a purpose for which the federal financial
Page 20 of 22
assistance is extended or for another purpose involving the provision of similar
services or benefits. If any personal property is provided, this assurance obligates
the Subrecipient for the period during which it retains ownership or possession of
the property.
7. Subrecipient shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations.
Enforcement may include investigation, arbitration, mediation, litigation, and
monitoring of any settlement agreements that may result from these actions. The
Subrecipient shall comply with information requests, on -site compliance reviews
and reporting requirements.
8. Subrecipient shall maintain a complaint log and inform the Department of the
Treasury of any complaints of discrimination on the grounds of race, color, or
national origin, and limited English proficiency covered by Title VI of the Civil
Rights Act of 1964 and implementing regulations and provide, upon request, a list
of all such reviews or proceedings based on the complaint, pending or completed,
including outcome. Subrecipient also must inform the Department of the Treasury
if Subrecipient has received no complaints under Title VI.
9. Subrecipient must provide documentation of an administrative agency's or
court's findings of non-compliance of Title VI and efforts to address the non-
compliance, including any voluntary compliance or other agreements between the
Subrecipient and the administrative agency that made the finding. If the
Subrecipient settles a case or matter alleging such discrimination, the Subrecipient
must provide documentation of the settlement. If Subrecipient has not been the
subject of any court or administrative agency finding of discrimination, please so
state.
10. If the Subrecipient makes sub -awards to other agencies or other entities, the
Subrecipient is responsible for ensuring that sub-Subrecipients also comply with
Title VI and other applicable authorities covered in this document State agencies
that make sub -awards must have in place standard grant assurances and review
procedures to demonstrate that that they are effectively monitoring the civil rights
compliance of sub -contractor.
The United States of America has the right to seek judicial enforcement of the terms of
this assurances document and nothing in this document alters or limits the federal
enforcement measures that the United States may take in order to address violations of
this document or applicable federal law.
Page 21 of 22
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
��v
DANIEL M. POPE, MAYOR
ATTEST:
Rebe a Garza, City Secre
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
R 4�Boke, Assistant City Attorn
STARCARE SPECIALITY HEALTH
SYSTEM
- /,-Vw
Beth Lawso CEO
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