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HomeMy WebLinkAboutResolution - 2023-R0097 - Emergency Solutions Grant Agreement 17176 with Salvation ArmyResolution No. 2023-R0097 Item No. 5.14 February 28, 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, Emergency Solutions Grant (ESG) Funding Agreement 17176, and all related documents, between the City of Lubbock and the Salvation Army of Lubbock, a Georgia Corporation for emergency shelter operations, essential services and rapid rehousing for homeless individuals and families in Lubbock. 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 28, 2023 W-sr" W. No I TOM I Tj —0m Rebecca GarYa, City Secretary APPROVED AS TO CONTENT: Karen Murfee, Community Deve ment Director APPROVED AS TO FORM: I&�—� -4 Kelli Leisure, Senior Assistant City Attorney ccdocs/RES.ESG No. 17176 Salvation Army 2.13.23 Resolution No. 2023-R0097 EMERGENCY SOLUTIONS GRANT (ESG) FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND SALVATION ARMY OF LUBBOCK, A GEORGIA CORPORATION This Emergency Solutions Grant (ESG) Program (the "Agreement") Contract No.17176 is made by and between the City of Lubbock, a State of Texas home rule municipal corporation (the "City") and Salvation Army of Lubbock, A Georgia Corporation, (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 28th day of February , 2023 (the "Effective Date"). WHEREAS, the City is obligated to do and perform certain services in its undertaking of an Emergency Solutions Grant (ESG). These funds pursuant to Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11371-11378), as amended by the Homeless Emergency and Rapid Transition to Housing Act of 2009 (Public Law 111-22) (HEARTH 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 for Nonprofit Recipients; and WHEREAS, the Grantee proposes to provide a service or program which will provide funds to enhance its ability for emergency shelter, rapid re -housing, 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: U1' W 110144 ::u A. General Administration In compliance with all of the terms and conditions ofthis 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. The Grantee further certifies that all information presented in the ESG 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. Staffiniz; Relationship of Parties, No Third PartyRights The Grantee shall ensure adequate and appropriate staffing is allocated to each ESG 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 March 1, 2023, and shall terminate on September 30, 2023, unless otherwise cancelled or modified according to the terms of this Agreement. III. DISBURS .M .NT AND FUNDS 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 not to exceed One Hundred Seventy Thousand Dollars 00/100 ($170,000.00) for Grantee's performance of the Scope of Work in accordance with the Budget attached hereto as EXHIBIT A. Requests for reimbursements by Grantee shall be made by Grantee sending to the City, not more frequently than monthly, commencing on the 1 Oth day of every month. Such schedule may be modified with the approval of the City. The City shall distribute ESG 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 September 30, 2023 following the expiration of the term of this Agreement. The City shall pay such invoices within thirty (30) days after receipt thereof, provided 2 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 program only. Said amounts shall include and will be limited to, emergency shelter operations, essential services and rapid re -housing assistance input into the Homeless Management Information Systems ("HMIS") data contribution as set 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 0) 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 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. 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. (2) 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 The Grantee is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the City. Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. F. Program Income (1) Definition. Program income means, as provided by 2 CFR § 200.80, gross income received by the Grantee directly generated by a grant supported activity, or earned only as a result of the grant Agreement during the grant period. For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the Grantee. (2) Use. The Grantee shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. (3) Counts toward Matching. Costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program and are consistent with the requirements in 24 CFR 576.201. 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 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, 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 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 4 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may 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, 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," i TM 1 ► DIV 0 COMP Coordinated Entry 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 httj2s:,-/www.thn.or-'w]2 content/uploads 2020.'07/TX-BoS-CoC-CE-WS-Version2-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. A. Evaluation of Program Participants Eligibility andNeeds The Grantee must conduct initial evaluations and periodic re-evaluations to determine the eligibility of each individual or family's eligibility for ESG assistance in accordance with 24 CFR § 576.401. B. 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. C. Shelter and Housing Standards The Grantee certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries will conform to 24 CFR § 576.403. D. Homeless Involvement The Grantee certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR § 576.405(c) and 42 USC 11375(d). E. 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. F. 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. G. 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. H. 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. I. 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. 6 The Grantee shall comply with the bonding and insurance requirements of 2 CFR § 200.427, and 2 CFR § 200.447. 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 forthbelow: (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. VA J. Zoning_ 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 facilityproperty 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 temunation of grant funding hereunder. K. 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. L. 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 or correction. V. ASSURANCES AND CERTIFICATIONS 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 program, for their services. (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 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 low- and very low-income persons, 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 24 CFR 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. () 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 sub- recipients. The Grantee has a duty to affirmatively further fair housing opportunities for classes protected under the Fair HousingAct. 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 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. 9 (2) As an employee working in conjunction with a federally funded program, the employees of the Grantee will be required to: 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. Religious us 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. 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 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. 10 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 program. VI. 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. (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 loth day of each month: (1) Payment Request. An original request for reimbursement and true copies ofinvoices, receipts, Agreements, or other documentation supporting and evidencing how the ESG 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) Matching. Monthly certification of match contribution and expense, plus documentation of match source. (4) 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. 11 C. Record Keeping Sufficient records must be established and maintained to enable the City and HUD to determine whether the ESG 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 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 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. 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), 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 fHMISI City of Lubbock has adopted the Texas Balance of State Continuum of Care Written Standards — Service Delivery. EXHIBIT C, which can be located httj2s://www.thn.orgwp-content/gploads/2019/03/A roved 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 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. F.X�NiBiT DD, which can be located https:: files.hudexchanize.info/resources/documents/HMIS-Data-Standards-Manual pdf (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. 12 (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.org.'wp- content/uploads.I] 2018/0 l IHMIS-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. 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 One Hundred Thousand Dollars ($100,000) 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. VII. EVALUATION AND MONITORING 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. C. Audit The City shall have the right to audit and monitor any program income as a result of an ESG 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. 13 VIII. LIABILITY 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 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 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. A. Generallv 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. 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. 14 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 Federalassistance; (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. 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. 15 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. The Grantee shall comply with 2 CFR § 200.112 with respect to the use of ESG funds to procure services, equipment, supplies, or other property. With respect to all other decisions involving the use of ESG 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 Program's Conflict of Interest provisions as expressly detailed in 24 CFR§576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. 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 XI. 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. XII. EXCLUSIVITY OF 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 funds by the Grantee and contains all the covenants and Agreements between the Parties with respect to such ESG 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. XIII. AMENDMENTS OR MODIFICATIONS The Grantee shall not obligate, encumber, spend, or otherwise utilize ESG funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the City unless: 0) The Grantee has received explicit written approval from the City to undertake such actions, or (2) 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. 16 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. 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 ofproper 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. XIV. VIOLATIODJ!2F TERMS AND CONDITIONS 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. 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. 17 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'sDefault. 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. The Grantee agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the following: (1) 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; (2) 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; (3) 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); (4) 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, (5) 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. 18 I Diu &VIEW 1111. ITA 51 : _ 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. XVII. WALUR 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. XVIII. AGREEMENT DOCUMENT. L2JUM1151 ANDATTACHIVIENTS 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. (Remainder of page intentionally left bank; signatures on next page) 19 FOR: THE CITY OF LUBBOCK FOR: SALVATION ARMY OF LUBBOCK, A GEORGIA CORPORATION Lt. CelWd Art Penhaie, Divisional Commander, DHQ Cody Scott, B rd President FED. I.D. # 58-0660607 A ST: 'Q A Rebecca Garza, City Secretary APPROVED AS TO CONTENT: + 16 A 0 AA f)DR &4pk - Karen Murfee, Community Development irector APPROVED AS TO FORM: &A4036�7 - - - -- Ili Leisure,"Assistant City Attorncy 20 EXHIBIT A FY 2021— 2022 EMERGENCY SOLUTIONS GRANT (ESG) GRANTEE- Salvation Army of Lubbock, a Georgia Corporation TERM - March 1, 2023 — September 30, 2023 PROGRAM- Essential Services, Operation, and Rapid Rehousing ALLOCATION - $170,000 MATCH — 100% PROGRAM DELIVERY- Essential Services, Operation, and Rapid Rehousing • Provide Emergency overnight shelter for individuals families who are homeless • Provide 3 meals per day for anyone that is hungry • Operations of Shelter including staff salaries • Rapid Re -Housing rent and utility assistance 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. Timeline Accomplishments March 1, 2023 — September, 30 2023 1000 unduplicated Monthly Reports and Reimbursement Request are due by the I e of each month Year End and Outcome Report due no later than the 30 days after all funding is expended. BUDGET - Line Item Amount Emergency Shelter Services and Operations $100,000.00 Rapid Re -Housing $ 70,000.00 CONTACT INFORMATION Communication and details concerning this Agreement shall be directed to the following: For the City: For the Grantee: Community Development Lt. Colonel Art Penhale, Divisional Commander DHQ City of Lubbock Major David Worthy, Corps Officer- Erica Hitt, Director of Social Services P. O. Box 2000 1614 Ave J Lubbock, TX 79457 Lubbock, TX 79401