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HomeMy WebLinkAboutResolution - 2013-R0411 - Contract- Salvation Army- ESG, Emergency Shelter Operations, Homeless Prevention - 11/21/2013RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and the Salvation Army, a Georgia Corporation, from the Emergency Solutions Grant for emergency shelter operations and homeless prevention, 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 this November 21 2013. r Kdren Gibson, Mayor Pro Tem ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Bill erton, CD Direc Citibus Liaison APPROVED AS TO FORM: ter & homeless srvs.res COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE SALVATION ARMY A GEORGIA CORPORATION STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into on this _21s0ay of November 2013, by and between the CITY OF LUBBOCK (herein called "City") and The Salvation Army, A Georgia Corporation for the Salvation Army Lubbock, Texas, a non-profit center (herein called "Grantee"). WHEREAS, the City is obligated to do and perform certain services in its undertaking of an Emergency Solutions Grant Program 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; and WHEREAS, the Corporation and the services it provides have been found to meet the criteria for funding under provisions 24 CFR §576.23 of the Emergency Solutions Regulation for Nonprofit Recipients; and WHEREAS, the Street Outreach, Emergency Shelter, Homeless Prevention, Rapid Re- housing and Homeless Management Information System are fundable by the Department of Housing and Urban Development; and WHEREAS, the accomplishment of the above public purpose is the predominant purpose of this transaction, continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that this purpose will be accomplished and an audit provides sufficient protection of the handling of public money; and WHEREAS, the City Council has found that the Grantee has the special expertise, knowledge and experience necessary for the Emergency Shelter and Homeless Prevention programs and that the city will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Grantee to make available assistance for the Emergency Shelter Operations and Homeless Prevention programs. NOW, THEREFORE, it is agreed between the parties hereto that: I. SCOPE OF SERVICE A. Activities 2013-2014 ESG Funding Agreement 1 The Grantee will be responsible for administering an Emergency Solutions Grant Year 2013-2014 Emergency Shelter Operations and Homeless Prevention programs in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. Such program will include the activities eligible under the Emergency Shelter Operations and Homeless Prevention programs. This project will provide funds for operations of facility at 1111 16th Street and homeless prevention direct assistance to at risk of homelessness. B. Objective The Grantee certifies that the activities carried out with funds provided under this Agreement will meet one or more of the eligible activities for funding under the Emergency Solutions Grant program - as defined in 24 CFR §576.21 as amended by the HEARTH Act. C. Ci1y Responsibilities City agrees to provide Grantee assistance from U.S. Department of Housing and Urban Development funds in an amount not to exceed $29,506 for operations and $20,904 for homeless prevention in return for Grantee performing the activities set forth in this Agreement as consideration for said funds. 2. It is expressly understood and agreed by the parties hereto that City's responsibilities are contingent upon the actual receipt of adequate federal funds to meet City's liabilities under this agreement. If adequate funds are not available to make payments under this agreement, City shall notify Grantee in writing within a reasonable time after such fact is determined. City shall terminate this agreement and will not be liable for failure to make payments to Grantee under this agreement. 3. City shall not be liable to Grantee for any costs incurred by Grantee, or any portions thereof, which have been paid to Grantee or which are subject to payment to Grantee, or which have been reimbursed to Grantee or which are subject to reimbursement to Grantee by any source other than City or Grantee. 4. City shall not be liable to Grantee for any costs incurred by Grantee which are not allowable costs, as set forth in 24 CFR §576.21 as amended by the HEARTH Act. 5. City shall not be liable to Grantee for any costs incurred by Grantee or for any performances rendered by Grantee which are not strictly in accordance with the terms of this agreement. 2013-2014 ESG Funding Agreement 2 6. City shall not be liable to Grantee for any costs incurred by Grantee in the performance of this agreement which have not been billed to City by Grantee within ninety (90) days following termination of this agreement. 7. City shall not be liable for costs incurred or performances rendered by Grantee before commencement of this agreement or after termination of this agreement. 8. City shall review all work specifications prior to the beginning of the procurement process. 9. City shall inspect work for compliance prior to any release of funds. D. Grantee's Responsibilities Grantee shall conduct, in a satisfactory manner as determined by City, an Emergency Solutions Grants Program pursuant to Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 USC §§11371-11378), as amended by the HEARTH Act. 2. Grantee shall perform all activities in accordance with their budget, all applicable Federal, state, and local laws, ordinances, statutes, rules, and regulations set forth herein; the assurance, certifications, and all other terms, provisions, and requirements set forth in this agreement. 3. Grantee agrees to comply with Housing and Urban Development (HUD) Outcome Performance Measurement requirements and reporting. 4. Grantee shall submit to city such reports on the operation and performance of this agreement during their program activity timeframe, as required by the City. 5. In addition to the limitations on liability otherwise specified in this agreement, it is expressly understood and agreed by the parties hereto that if Grantee fails to submit to City in a timely and satisfactory manner any report required by this agreement, City may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Grantee hereunder. If City withholds such payments, it shall notify Grantee in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by City until such time as the delinquent obligations for which funds are withheld are fulfilled by Grantee. 6. Grantee shall refund to City the money which has been paid to Grantee by City which City determines has resulted in overpayment to Grantee, or which City determines has not been spent by Grantee strictly in accordance with the terms of this agreement. Such refund shall be made by Grantee to City within thirty (30) working days after such refund is requested by City. 2013-2014 ESG Funding Agreement 3 7. Grantee shall submit to City for review all work specifications prior to the beginning of the procurement process. Grantee shall notify City upon work completion for inspection prior to release of funds. 8. Grantee will verify and certify eligibility when the activity is a Low -mod Clientele program by signing and dating the Self Certification form. E. Grantee's Match 1. Grantee agrees to provide as match an amount of funds equal to the amount of funds provided by City under this agreement for performances hereunder. Such funds must be provided from sources other than under this agreement. This amount shall be referred to hereinafter as Grantee's match. Match is subject to review and approval by the City of Lubbock. 2. Amounts may be counted toward Grantee's match only if such amounts are costs or resources of a type and amount as computed in accordance with this subsection and as set forth in 42 USC § 11375. In calculating the amount of grantee's match, grantee may include the value of any donated material or building; the value of any lease on a building; any salary paid to staff of Grantee in carrying out the activities required under this agreement; and the time and services contributed by volunteers to carry out such activities, determined at the rate as determined by HUD and approved by the City. Grantee shall determine the value of any donated material or building, or any lease using any method reasonably calculated to establish a fair market value. F. Levels of Accomplishment/Timeline In addition to the normal administrative services required as part of this Agreement, the Grantee agrees to provide the following levels of program services: Activily Timeline Units Per Month* Total Units/Year Screen and admit clients Oct -Sept 375 (individuals) 4,500 Counseling, job referral Oct -Sept 375 4,500 Provide room and board Oct -Sept 375 4,500 *Residential and Non -Residential Individuals served. G. Staffing Staff Member Major Social Service Director Case Managers General Program Duties Overall oversight of center Day to day operations Project Management 2013-2014 ESG Funding Agreement 4 H. Performance Monitoring The City will monitor the performance of the Grantee for compliance with goals and requirements as required or as it deems necessary in accordance with the regulations. Monitoring will be based on a risk analysis and a monitoring plan developed at the beginning of the fiscal year. Desk monitoring will take place on a monthly basis during grantees program activity timeframe. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Grantee within a reasonable period of time after being notified by the City in writing, contract suspension or termination procedures will be initiated. Monitoring timeline will be as follows: • Notification letter sent to grantee at least 15 days before monitoring visit. • Monitoring letter sent to grantee identifying concerns and findings if any within thirty (30) days of monitoring visit. Grantee must provide a written response within thirty (30) days to the monitoring letter that describes how the grantee will resolve any issues. If no deficiencies were noted grantee must confirm receipt of report within thirty (30) days of the date of the letter. II. TIME OF PERFORMANCE This Agreement shall commence October 1, 2013, and shall terminate September 30, 2014. The term of the Agreement and the provisions herein may be extended to cover any additional time period during which the Grantee remains in control of ESG funds or other assets, including program income. III. BUDGET Line Item: $ Amount: Emergency Shelter 29,506 Homeless Prevention 20,904 Total $50,410 Specific Description of Activities: 2013-2014 ESG Funding Agreement 5 IV V VI. The City may require a more detailed budget breakdown than the one contained herein, and the Grantee shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City. Any changes to this budget must be approved in writing by the City. PAYMENT All payments to grantees are on a monthly reimbursement basis. The Grantee will have incurred the expense or paid for the expense and submit detailed source documentation to the City when requesting payment. It is expressly agreed and understood that the total amount to be paid by the City under this contract shall not exceed $50,410. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payment request must be submitted with back-up documentation such as time sheets, paycheck stubs, receipts, invoices, billing statements or other verification in support of all expenditures incurred and charged to the grant. Payments may be contingent upon certification of the Grantee's financial management system in accordance with the standards specified in 24 CFR 84. NOTICES Communication and details concerning this Agreement shall be directed to the following contract representatives: Q!Y- Joe Rangel City of Lubbock P. O. Box 2000 Lubbock, TX 79457 SPECIAL CONDITIONS Use as an Emergency Shelter Grantee Major Tim Grider The Salvation Army P. O. Box 2785 Lubbock, TX 79408 Any building for which activities described in 24 CFR 576.21 (a)(2) or (a)(3) must be maintained as a shelter for the homeless for the period during which such assistance is provided and the building's use shall be governed by the provisions set forth in 24 CFR §576.53. A substitute site or shelter may be used during this period, so long as the same general population is served. For purposes of this contract, the term "same general population" means either the same types of homeless persons originally served with this 2013-2014 ESG Funding Agreement 6 Emergency Solutions Grant assistance (i.e. battered spouses) or persons in the same geographic area. VII. GENERAL CONDITIONS A. General Compliance Grantee agrees to comply with all applicable federal, state and local laws, regulations and policies governing the funds provided under this Agreement which were made available under City's Emergency Solutions Grant program. Grantee further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "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. Grantee shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation insurance as the Grantee is an independent contractor. C. Indemnitv and Release Grantee shall indemnify and hold harmless, to the fullest extent permitted by law, the City, and City's respective officers, employees, elected officials and agents, from and against any and all losses, damages, claims or liabilities, of any kind or nature, which arise directly or indirectly, or are related to, in any way, manner or form, the activities contemplated hereunder. Grantee shall pay to the City, the City's respective officers, employees, elected officials and/or agents, as applicable, all attorney's fees incurred by such parties in enforcing Grantee's indemnity in this section. The City, and its respective officers, employees, elected officials and agents shall not be liable and Grantee hereby releases the City, and its respective officers, employees, elected officials and agents, for, from and/or against any losses, damages, claims or liabilities to Grantee The indemnity and release provided herein shall survive the termination or voidance of this agreement. D. Right to Exercise The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any 2013-2014 ESG Funding Agreement 7 arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, the former shall control. E. Worker's Compensation Grantee shall provide Worker's Compensation Insurance coverage for all of its employees involved in the performance of this contract. F. Insurance and Bonding Grantee shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum, shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from City. Grantee shall comply with the bonding and insurance requirements of 24 CFR 84, Bonding and Insurance. G. Grantor Recognition Grantee shall insure recognition of the role of City's Emergency Solutions Grant program in providing funding through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Grantee will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments City or Grantee may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly - authorized representative of both organizations and approved by the City Council if required by law. Such amendments shall not invalidate this Agreement, nor relieve nor release City or Grantee from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City and Grantee. I. Suspension or Termination Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial termination of the Scope of Service in Paragraph "I.A" above may only be undertaken with the prior written 2013-2014 ESG Funding Agreement 8 approval of the City. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports, or other materials prepared by Grantee under this Agreement shall at the option of City, become the property of City, and Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. City may also suspend or terminate this Agreement, in whole or in part, if Grantee materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein and the City may declare the Grantee ineligible for any further participation in City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe Grantee is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen percent (15%) of said contract funds until such time as Grantee is found to be in compliance by City or is otherwise adjudicated to be in compliance. The City may terminate this agreement in the event of an emergency or disaster, whether an act of God or manmade, by giving twenty-four (24) hour notice. This City may give said notice verbally to Grantee. Any expenditure incurred prior to receiving notice will be reimbursed; however, in no event shall the City pay any expenses incurred after notice of termination is received by Grantee. J. Relocation and Acquisition Grantee agrees to abide by the provisions relocation and assistance as set forth in 24 CFR §576.59 when applicable. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards Grantee agrees to comply with 24 CFR 84 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles Grantee shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations" for all costs incurred whether charged on a direct or indirect basis. The grantee shall also comply with the applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for grants and cooperative agreements to state and local governments", and OMB Circular A-87. B. Documentation and Record -Keeping 1. Records to be Maintained 2013-2014 ESG Funding Agreement 9 XI. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF LUBBOCK L fAll r Kan Gibson M yor Pro Tem ATTEST: eo ca Garza, City ecret THE SALVATION ARMY A GEORGIA CORPORATION TREASU;j1 SamNal He�✓j/ Authorized Representa ive FED. I.U.#r_- F ;€ N0.58- X660 07 SEULTARY Larry �Yoorne APPROVED AS " O CONTEN Bill Ho on, Commune velopment Director/Citibus Liaison APPROVED AS TO FORM: Amy Si ssistant Ci � 2013-2014 ESG Funding Agreement 20