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Home My WebLink AboutResolution - 2023-R0504 - Contract No. 17629, An Emergency Solutions Grant Funding Agreement - 10/10/2023Resolution No. 2023-R0504 Item No. 5.24 October 10, 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. 17629, an Emergency Solutions Grant Funding Agreement by and between the City of Lubbock and the U. S. Department of Housing and Urban Development for the funding of Emergency Shelter, Rapid Re-Housing, Homeless Management Information System, and administration, 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 October 10, 2023 � '�� TRAY PAJ�`NE, MAYOR ATTEST: Courtney Paz, City Secre a APPROVED AS TO CONTENT: Karen Murfee, Community Devel ment Director APPROVED AS TO FORM: �� • � Amy . ims Depu i Attorney RES. ESG Funding Contract 17629 9.22.23 DocuSign Envelope ID: 9EAA040D-C7F8-4F06-BADA-FD5293E2FBC8 Resolution No. 2023-R0504 Funding Approval/Agreement U.S. Department of Housing and Urban Development Emergency Solutions Grants Program Office of Community Planning and Development Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11371 et seq. Assistance Listing Number 14.231 1. Recipient Name and Address City of Lubbock PO Box 2000 Lubbock, TX 79457-0001 !. Unique Federal Award Identification Number: E-23-MC�8-0022 Tax Identification Number: 756000590 Unique Entity Identifier: LXDNEKWRVKJ6 5. Fiscal Year (yyyy): 2023 6. Previous Obligation (Enter "0" for initial Fiscal Year allocation $0 7. Amount of Funds Obligated or Deobligated by This Action (+ or -) I$198,147 8. Total Amount of Federal Funds Obligated _ I$198,147 9. Total Required Match I$198,147 10. Total Amount of Federal Award Including Match I$396,294 11. Start Date of Recipient's Program Year (mm/dd/yyyy) 10/01/2023 12. Date HUD Received RecipienYs Consolidated Plan Submission (mm/dd/yyyy) 07/19/2023 14. Type of Agreement (check applicable box) � Initial Agreement (Purpose #1 — Initial Fiscal Year allocation) ❑ Amendment (Purpose #2 — Deobligation of funds) ❑ Amendment (Purpose #3 — Obligation of additional funds) 13. Period of Performance and Budget Period Start Date/ Federal Award Date (the date listed in Box 19 for initial Fiscal Year allocation) (mmidcuyyyy) 7/26/2023 5. Special Conditions and Requirements ❑ Not applicable � Attached 6. Period of Perfortnance and Budget Period End Date (24 months fter the date listed in Box 13) (mm/dd/yyyy) 7�26/2�2$ General Terms and Conditions: This Agreement between the U.S. Department of Housing and Urban Development (HUD) and the Recipient is made pursuant to the authority of Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.) and is subject to the applicable appropriations act for the specified Fiscal Year. The Recipient's Consolidated Plan submissions (including the Recipient's approved annual Action Plan and any amendments completed in accordance with 24 CFR Part 91), the Emergency Solutions Grants Program regulations at 24 CFR Part 576 (as now in effect and as may be amended from time to time), and this Agreement, including any special conditions attached to this Agreement, constitute part of this Agreement. Subject to the teRns and conditions of this Agreement, HUD will make the funds for the specified Fiscal Year available to the Recipient upon execution of this Agreement by the Recipient and HUD. The funds may be used for costs incurred before the Budget Period under the conditions specified in HUD Notice CPD-23-01 or another prior written approval by HUD, or if the Recipient is not covered by Notice CPD-23-01, under the condition that the costs are otherwise allowable and were incurred on or after the date listed in box 11, lhe date listed in box 12, or 90 calendar days before the date in box 13 (whichever is later). The Recipient agrees to assume responsibility for environmental review, decision making, and action under 24 CFR Part 58; except that if the Recipient is a state and distributes funds to a unit of general local govemment, the Recipient must require the unit of general local government to assume that responsibility and must comply with the state's responsibilities under 24 CFR 58.4. To the extent authorized by applicable law, HUD may, by its execution of an amendment, deobligate funds under this Agreement without the RecipienYs execution of the amendment or other consent. The Recipient must comply with the applicable requirements at 2 CFR part 200, as may be amended from time to time. Where any previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in 24 CFR part 576, activities carried out under the grant after the effective date of the part 200 amendments will be governed by the part 200 requirements as replaced or renumbered by the part 200 amendments. The Recipient must comply with the Award Term in Appendix A to 2 CFR Part 25, "System for Award Management and Universal Identifier Requirements," and the Award Term in Appendix A to 2 CFR Part 170, "Reporting Subaward and Executive Compensation Information." If the amount in Box 8 exceeds $500,000, the Recipient must comply with Appendix XII to 2 CFR part 200—Award Term and Condition for Recipient Integrity and Performance Matters. The Recipient must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the RecipienYs infrastruclure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. Nothing in this Agreement shall be construed as creating or justifying any claim against the federal government or the Recipient by any third party. 17. For the U.S. Department of HUD (Name, Title, and Contact Information of � 18. Signature Authorized Official) Shirley J. Henley, CPD Director (817) 978-5933 "re--.-� 20. For the Recipient (Name and Title of Authorized Official) Tray Payne, Mayor Funding Informalion (HUD Accounting Use Only): PAS Code: SOE Program Code: SOE Appropriation Number: 1192 Appropriation Symbol: 86 3/50192 FYI: M 21. Signature X 9. Date (mm/dd/yyyy) 7�/26/2023 22. Date (mmlddlyyyy) 10 / 10 / 2023 Region: 06 O�ce: Fort Worth DocuSign Envelope ID: 9EAA040D-C7F8-4F06-BADA-FD5293E2FBC8 Special Conditions and Requirements for FY 2023 ESG Program Indirect Cost Rate The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Instrttctio�as: The Recipient »iust identify each agency or department of the Recipient that will carry out activities trnder the grant, the indirect cost rate applicable to each department/agency (includtng if the de minimis rate is used per 2 CFR �200.4l4(�), and the rype of direct cost base to which the rate wil! be applied (for example, Modified Total Direct Costs (MTDC)). Do not incicrde indirect cost rates for sc�brecipients. Recipient Department/A�v Indirect cost rate Direct Cost Base % % % DocuSign Envelope ID: 9EAA040D-C7F8-4F06-BADA-FD5293E2FBC8 Special Conditions and Requirements for FY 2023 ESG Program Serving Youth Who Lack 3rd Party �ocumentation or Live in Unsafe Situations Notwithstanding any contrary requirements under the McKinney-Vento Homeless Assistance Act or 24 CFR part 576, youth aged 24 and under who seek assistance (including shelter, services or rental assistance) shall not be required to provide third-party documentation that they meet the homeless definition in 24 CFR 576.2 as a condition for receiving assistance; and unaccompanied youth aged 24 and under (or families headed by youth aged 24 and under) who have an unsafe primary nighttime residence and no safe alternative to that residence shall be considered homeless for purposes of assistance provided by any private nonprofit organization whose primary mission is to provide services to youth aged 24 and under and families headed by youth aged 24 and under.