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HomeMy WebLinkAboutResolution - 2023-R0072 - Community Coalition Partnership COVID Program Agreement 17042 with YWCAResolution No. 2023-R0072 Item No. 5.23 February 14, 2023 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, Contract No. 17042, a Community Coalition Partnership (CCP)-COVID Program Funding Agreement, to provide funds to be used to serve populations isolated during the pandemic and to increase emotional wellness, while decreasing stress, by and between the City of Lubbock and YWCA's Amend Program, and all related documents. 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 14, 2023 TRAY PAYNA,1t(AYOR ATTEST: - - .4 4 A7 - Rebef a Garza, City Secret APPROVED AS TO CONTENT: LJI� l Bill Howerton, Deputy City Manager APPROVED AS TO FORM: Ryan Br "ke, Assistant City Attorney RES.Contract No. 17042, YWCA's Amend Program 1.19.23 Resolution No. 2023-R0072 COVID-CCP FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND YWCA AMEND PROGRAM This Community Coalition Partnership (CCP) -COVID Program Funding Agreement (the "Agreement") is made by and between the City of Lubbock, a State of Texas home rule municipal corporation (the "City") and the YWCA's Amend Program, (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 14th day of February , 2023 (the "Effective Date"). RECITALS: WHEREAS, the City is obligated to do and perform certain services in its undertaking of the CCP- COVID services and activities. The funds are to be used to serve populations isolated during the pandemic and to increase emotional wellness, while decreasing stress. WHEREAS, the Grantee operates a community offering services to youth and adults throughout Lubbock County, Texas. WHEREAS, the Grantee and the services provided have been found to meet the criteria for funding under the provisions of the CCP-COVID grant provided by Health and Human Services. WHEREAS, the Grantee proposes to provide services to increase wellness and decrease stress. 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 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. 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 CCP- COVID program only. Said amounts shall include and will be limited to, programs enhancing mental wellness and decreasing stress for populations isolated and underserved during the COVID pandemic. 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. Condition of Funding (1) 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 CCP-COVID 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 by law. (2) The Grantee shall allow representatives of the City 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. Matching Funds are exempt from match requirements. ii. Shifting physical design of the environment or enhancing systemic processes to promote behavioral health and wellness. Examples of such projects include planting a community garden, renovating an outdoor space to host behavioral health/wellness activities, providing transportation to/from community wellness activities including COVID-19 vaccinations, etc. Contractor must work with System Agency to ensure that all proposed activities meet the Block Grant requirements. These shall be documented in the Implementation Plan and approved by System Agency prior to implementation. The grantee must use the Community Anti -Drug Coalitions of America's (CADCA's) The Coalition Impact. Environmental Prevention Strategies (https://www.cadca.org/sites/default/files/resource/files/environmentalstrategies.pdf) to guide the development of their strategies for implementing this supplemental funding. A template for monthly reporting will be provided by the Health Department. Monthly reporting must include the following: # Measure CCP- Measure Guidance COV Number of projects that change physical environment, build Report the number of projects that change Sl community resilience, or physical environment, build community improve systemic resilience, or improve systemic processes processes to enhance to enhance behavioral health and wellness. behavioral health and wellness. Number of youth Report the number of youth attending S2 attending stress community -wide activities that reduce reduction/traumahealing stress or address trauma. activities Number of adults Report the number of adults attending S3 attending stress community -wide activities that reduce reduction/trauma healing stress or address trauma. activities. 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 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 property damage resulting from anyone 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 or larger. (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. 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 CCP-COVID Funds. Additional Terms. The Grantee agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreement with the City and such other rules, regulations, or requirements as the Health Department may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this Agreement by the Parties hereto. expenses, and CCP-COVID 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 CCP- COVID requirements. The City, Health Department 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. EVALUATION AND MONITORING 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. Access to Records The Grantee gives the City and the Health Department, 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. Audit The City shall have the right to audit and monitor any program income as a result of a CCP-COVID 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. LIABILITY 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. City not Liable for Funds The Grantee further acknowledges that the source of the CCP-COVID 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 CCP-COVID Funds the City receives. Hold Harmless 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. VIOLATION OF TERMS AND CONDITIONS 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 orthe 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. 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. 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. 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. Attorneys' Fees. City and Grantee agree that in the event of litigation to enforce this Agreement or terns, provisions and conditions contained herein, to terminate this Agreement, or to collect damages for a Default here under, the prevailing Party shall be entitled to all costs and expenses, including reasonable attorneys' fees, incurred in connection with such litigation. 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. 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 FORTH BELOW. (Remainder ofpage intentionally left bank; signatures on next page) CIT�V/ZT OCK Tray P ne, ayor Tray Payne Print Name February 14, 2023 Date Director of Purchasing and Contract Management 61 1 1 6-Mis e Date ATTEST: YWCA AMEND PROGRAM �&� Z�� Authorized S' ature Print Name CE6 Title Date EXHIBIT A Community Coalition Partnership (CCP)- COVID Partnerships GRANTEE —YWCA, AMEND Program TERM —January 1, 2023- August 31, 2023 PROGRAM — Community Coalition Partnership (CCP)- COVID ALLOCATION — $70,000 ($8,750 per month) MATCH — Not required PROGRAM DELIVERY- Provide programs and opportunities for youth and adults that decrease stress and increase wellness. • Serve teens (10-17) by developing strong characteristic traits, raising self-esteem, establishing social accountability groups which all result in promoting a health lifestyle. • This group will assist in mitigating the defects in learning and socialization due to the COVID pandemic by focusing on increasing participants mental health and coping skills. LEVEL OF ACCOMPLISHMENT - In addition to the normal administrative services required as part of this Agreement, the Grantee agrees to provide services to individuals every month in a manner that demonstrates sufficient use of funding. Monthly Reports are due by the 10th of each month. Year End and Outcome Report due no later than the 10th of the following month after the end of this contract. BUDGET - $70,000- for expanding the AMEND Program by supporting transportation and supplies, materials and other resources for activities throughout the year. $8,750 paid out monthly upon receipt of invoice and reporting document. CONTACT INFORMATION Communication and details concerning this Agreement shall be directed to the following: For the City: City of Lubbock Health 806 18t' St Lubbock, TX 79423 For the Grantee: YWCA — Ms. Glenda Mathis 6501 University Ave Lubbock, TX 79413