HomeMy WebLinkAboutC2020-191 - 4/21/2020 - Approved CDBG-CV SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
THE SALVATION ARMY-COASTAL BEND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This agreement ("Agreement") is made and entered into between the City of Corpus
Christi, a Texas home-rule municipal corporation ("City"), acting through its City
Manager or the City Manager's designee ("City Manager"), and The Salvation Army of
the Coastal Bend, ("Subrecipient"), a Georgia corporation organized under the laws of
Georgia.
WHEREAS, pursuant to the Coronavirus Aid, Relief and Economic Security Act (Public
Law 116-136) signed into law by President Trump on March 27, 2020 ("CARES" Act)
the United States Department of Housing and Urban Development ("HUD") has
allocated additional Community Development Block Grant funds ("CDBG") funds to the
City to respond to the Coronavirus epidemic; and
WHEREAS, the City has allocated Five Hundred Thousand Dollars ($500,000) from
the FY2019-20 Community Development Block Grant Coronavirus Response ("CDBG-
CV") Program to provide a Public Service by assisting households affected by
COVID-19 and provide funding assistance in the areas of Mortgage Assistance and
Utility Assistance programs;
WHEREAS, the Coronavirus pandemic has impacted the low income and very
low income resident households in the City and the City desires to provide additional
food and housing assistance to these residents through this Agreement;
WHEREAS, the Subrecipient desires to provide mortgage and utility assistance
to families and their dependent children i n low and very low-
income households within the City of Corpus Christi and throughout the
community served by the Subrecipient in conformity with 24 CFR 570.208, as
amended; and
WHEREAS, the City wishes to encourage the services provided by the Subrecipient,
there being a genuine need for these services in the City of Corpus Christi.
NOW, THEREFORE, the City and the Subrecipient agree as follows:
SECTION 1. TERM OF AGREEMENT
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1.1 Term of Agreement. This Agreement commences no sooner than March 1, 2020
and terminates on September 30, 2021, unless otherwise specifically provided by the
terms of this Agreement.
SECTION 2. SCOPE, BUDGET, SCHEDULE, AND PAYMENT REQUIREMENTS.
2.1 Scope of Work. The Subrecipient shall complete the Public Service outlined in
the funding proposal that was submitted and approved by the City's City Council for
FY2019-20, such proposal being incorporated into this Agreement by reference as if
fully set out in this Agreement. The Subrecipient, will provide a Public Service to assist
households affected by COVID-19 by providing assistance in the area of Mortgage
and Utility Assistance. The Mortgage and Utility Assistance program will provide
funding for residents who meet CDBG-CV eligibility criteria. The Public Service
program will be used to carry out The Salvation Army of the Coastal Bend proposed
funding activity by September 30, 2021.
2.2 Subrecipient Capital Contribution Funds Requirement. The Subrecipient must
have financial and staff capacity to support the Subrecipient's Public Service in order to
successfully carry out the assistance program to be paid with CDBG-CV funds.
2.3 Budget and Program Schedule. The Subrecipient has provided an estimated
project budget and program schedule ("Project Budget and Program Schedule')
based upon the proposed funding activity listed above and as are described within this
Agreement, which Project Budget and Program Schedule is attached to this Agreement
as Exhibit A and is incorporated into this Agreement by reference. Subrecipient in
support of Exhibit A, shall maintain records of Mortgage and Utility Program
assessments conducted to determine the construction cost breakdowns assisted with
CDBG-CV funds.
2.4 Modifications. Modifications or revisions to the scope of the Project discussed in
the APPLICATION response, which scope formed the basis for this Project to receive
Funds, may be made only pursuant to the prior written approval of the Administrator of
HCD.
2.5 Requests for Payment.
(A) All requests for payment made pursuant to this Agreement must be submitted to
the Administrator.
(B) Payments for the Mortgage and Utility Assistance Program will be made based
upon the Subrecipient submitting payment reimbursement with appropriate
documentation of the eligible funding activity, including an itemized cost breakdown
reflecting costs incurred and assisted with CDBG-CV funds. Appropriate
documentation includes but not limited to: paid invoices; paid mortgage and utility
receipts; canceled checks; signed timesheets; payroll and wire transfers.
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(C) No payments will be made without approval by Housing and Community
Development (HCD) staff affirming the eligible funding activity.
(D) If there is a delay, the Administrator or the Administrator's designee
("Administrator") of the City's Housing and Community Development Department
("HCD"), Administrator may require that the Subrecipient provide a written
explanation to delay of Public Service activity.
(E) All payments will be adjusted according to the actual eligible costs, supported by
appropriate documentation listed above, and in no event may any payment exceed
the funded amount.
2.6 Periodic Performances Reports. The Subrecipient shall submit periodic perfor-
mance reports to the Administrator that recite progress for the period and advising of
any problems encountered. A performance report must be provided with each request
for payment and/or monthly, whichever comes first.
SECTION 3. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTHER PROGRAM REQUIREMENTS.
3.1 Operations Records. The Subrecipient shall provide access to all original records,
reports, and audits including, without limitation, all agreements, client intake
documentation and assessments assisted with CDBG-CV funds; invoices; payment and
payroll records; bank records; affidavits executed pursuant to this Agreement;
documentation of clientele being benefited by the Public Service paid with CDBG-CV
funds (i.e., households served, etc.) which pertains to Public Service activity with
CDBG-CV funds; and all written obligations pursuant to this Agreement, including, but
not limited to, all information on leveraging of funds required under this Agreement, if
any, during regular business hours for any purposes of the City, the United States'
Department of Housing and Urban Development ("HUD"), or both, to conduct audits and
monitoring.
3.2 Equal Participation Documentation. The Subrecipient shall keep and provide
access to records documenting compliance with Section 109 of the Housing and
Community Development Act of 1974 [42 United States Code ("U.S.C.") §5309], as
amended, which requires that no person shall, on the ground of race, color, national
origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the Act. Any prohibition
against discrimination on the basis of age under the Age Discrimination Act of 1975, as
amended, or with respect to an otherwise qualified disabled individual, as provided in 29
U.S.C. §794, as amended, also applies to this Agreement. Subrecipient shall ensure
compliance with 24CFR570.208(a)(3), Section 105(a)(4), CFR570.202,
CFR570.506(b)(4)(iii), and CFR570.3; Title VI of the Civil Rights Act of 1964 and as
amended in 1988; Fair Housing Act (42 U.S.C. 3601-3619); Title VII of the Civil Rights
Act of 1968 (Fair Housing Act); Section 504 of the Rehabilitation Act of 1973.
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3.3 Information and Reports. The Subrecipient shall provide any information, reports,
data, and forms pertinent to this Agreement as the Administrator or staff of HCD may,
from time to time, request for the proper administration of this Agreement. The
Subrecipient shall adhere and comply with the reporting requirements mandated for the
Performance Measurement System, administered by the City, as a condition of
receiving funds under this Agreement.
3.4 2 CFR Part 200. The Subrecipient shall comply with the requirements 2 CFR Part
200, as each may be amended, as follows:
a. All of Subpart A, Acronyms and Definitions;
b. All of Subpart B, General provisions, except for §§ 200.111, 200.112 and
200.113. However, Subrecipient must comply with the Conflict of Interest
provisions in 24 CFR 570.611;
c. All of Subpart C, Pre-Federal Award Requirements and Contents of Federal
Awards, except for§§ 200.202 and 200.206;
d. All of Subpart D, Post Federal Award Requirements, except for §§ 200.303,
200.306, 200.307, 200.311, 200.313, 200.330-332, 200.327 and 200.339. In
lieu of § 200.307 Subrecipient shall follow Program Income requirements in 2
CFR 570.504. In lieu of §200.311 Subrecipient shall follow Real Property
provisions in 24 CFR 570.505. In lieu of § 200.313 Subrecipient will follow
Section 5.4 of this Agreement as it relates to Equipment. In lieu of § 200.333
Subrecipient will follow the Records Retention requirements in Section 3.6 of
this Agreement. In lieu of the provisions of § 200.339 Subrecipient will comply
with the Termination provisions listed in Section 4 of this Agreement and 24
CFR 250.503(b)(7).
e. All of Subpart E, Cost Principles; and
f. All of Subpart F, Audit Requirements.
3.5 Compliance Documentation. The Subrecipient shall keep and provide access to
records documenting compliance with the rules and regulations contained in Title 24,
Chapter 570, et. seq., of the Code of Federal Regulations ("CFR"), including, but not
limited to, 570.208(a)(3) and 570.506(b)(4)(iii), Subpart K, Sections 570.603, Labor
Standards; 570.607, Employment and Contracting Opportunities; 570.608, Lead-Based
Paint; 570.609, Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients;
570.610, Uniform Administrative Requirements and Cost Principles; and 570.611,
Conflict of Interest. If there is a conflict of interest with any employee, agent, consultant,
officer, or member of the Board of Directors of the Subrecipient, the person with the
conflict and the nature of the conflict must be identified, by name and title, and
submitted to the Administrator prior to any costs being incurred at, in, or on the
emergency shelter improvements with respect to construction of the Improvements.
3.6 Equal Employment Opportunity. The Subrecipient shall comply with all appli-
cable Federal Equal Employment Opportunity regulations, including, but not limited to,
Executive Order 11246, as amended, and Section 3 of the Housing and Urban Develop-
ment Act of 1968 as set forth in 24 CFR 570.607, as amended, and shall require compli-
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ance with the aforementioned laws and regulations in all contracts the Subrecipient
enters into with respect to construction of the Improvements.
3.7 Request for Bids/Proposals. The Subrecipient shall comply with requirements of
2 CFR Part 200.318 as amended, and all State and local procurement requirements
with regard to solicitation of bids and proposals for construction of the Improvements, if
applicable, and shall provide such records to representatives of HUD, the City Manager,
or the Administrator upon request.
3.8 Real Property Acquisition. The Subrecipient shall comply with requirements of 49
CFR Part 24, Subpart B, as amended, and all State and local acquisition requirements
with regard to acquisition of property, if applicable, and shall provide such records to
representatives of HUD, the City Manager, or the Administrator upon request.
3.9 Accessibility. The Subrecipient shall comply with Title II the Americans with
Disabilities Act of 1990, as amended, and with the rules and regulations published in 28
CFR Part 36, as amended, and all State and local requirements regarding disabled
accessibility. Section 104(b)(2); Housing for Older Persons Act (HOPA) of 1995 and all
other applicable local, State and federal laws.
3.10 Religious Organizations. The Subrecipient shall comply with requirements re-
garding religious organizations, as set forth in 24 CFR 570.200(j), as amended.
SECTION 4. SUSPENSION AND TERMINATION.
4.1 Termination by the City. The City may terminate this Agreement in whole or in
part in accordance with 2 CFR 200.339(a)(1) and (2), as amended, if the Subrecipient
materially fails to comply with any term of the CDBG-CV Program award or this
Agreement or for other cause.
4.2 Termination for Convenience. This Agreement may be terminated in whole or in
part for convenience in accordance with 2 CFR 200.339(a)(3) and (4), as amended.
This Agreement may be terminated by the City with the consent of the Subrecipient, in
which case the two parties must agree upon the termination conditions, including the
effective date and, in case of partial termination, the portion to be terminated. The
Subrecipient may terminate this Agreement by sending the City written notification
setting forth the reasons for such termination, the effective date, and, in the case of
partial termination, the portion to be terminated. However, if the City determines in the
case of partial termination that the reduced or modified portion of the award will not
accomplish the purposes for which the award was made, the City may terminate the
Agreement in its entirety. •
4.3 Remedies for Non-compliance. Pursuant to the provisions cited in Section 4 of
this Agreement, to Federal rules and regulations applicable to the Subrecipient, HUD
guidelines, and 2 CFR 200.338 if any deficiencies are discerned by or through
monitoring of this Agreement, the City may impose additional conditions, as described
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in 2 CFR 200.207. If the City determines that noncompliance cannot be remedied by
imposing additional conditions then the Administrator may take one or more of the
following actions, as appropriate in the circumstances: temporarily withhold cash
payments pending correction of the deficiencies, disallow all or part of the cost of the
activity or action not in compliance, wholly or partly suspend or terminate the current
award, withhold further awards, or take any other remedies that may be legally
available.
4.4 Termination Notice. Either party may terminate this Agreement, during the term of
this Agreement, as of the last day of any month upon thirty (30) days prior written no-
tice. The party terminating this Agreement must comply with subsections 4.1 and 4.2 of
this Agreement and all other provisions of this Agreement providing responsibilities in
the event of termination. Additionally, the City must comply with the notification of
termination requirements in 2 CFR 200.340.
4.5 Effects of Suspension and Termination. Costs to the Subrecipient resulting
from obligations incurred by the Subrecipient during a suspension or after termination of
a Federal award or subaward are not allowable unless the City expressly authorizes
them in the notice of suspension or termination or subsequently. However, costs during
suspension or after termination are allowable if:
(a) The costs result from obligations which were properly incurred by the
Subrecipient before the effective date of suspension or termination, are not in
anticipation of it; and
(b) The costs would be allowable if the Federal award was not suspended or
expired normally at the end of the period of performance in which the termination
takes effect.
4.6 Termination. Upon a termination of this Agreement, the Subrecipient agrees to
refund to the City all CDBG-CV Program funds expended on the Improvements. If the
Subrecipient cannot refund all such money within thirty (30) days of the termination
notice, the City may take whatever action is necessary to reimburse the City as set out
in 2 CFR 200.338 and 200.339, as each may be amended. Notwithstanding this
provision, the Reversion of CDBG-CV Funds provision, set out in Section 5 of this
Agreement, also applies to the Subrecipient's CDBG-CV Program funds on hand,
accounts receivable, and real property under the Subrecipient's control.
SECTION 5. REVERSION OF CDBG-CV FUNDS.
5.1 Meeting National Objective. The Subrecipient must shall ensure households
assisted meet applicable HUD income guidelines and national objectives set forth in
24 CFR 570.208(a)(2)(B) and CFR570.506(b)(4)(iii); as amended, during the term
of this Agreement. Subrecipient shall submit demographics within thirty (30) days
after all FY2019 CDBG-CV funds are expended oras requested by HCD.
5.2 Improvements Not Used to Meet National Objective. In the event that the
Subrecipient fails to meet the National Objective outlined in Section 5.1 on
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Improvements made to the emergency shelter improvements are not used to meet one
of the national objectives as specified in subsection 5.1 of this Agreement, then the
Subrecipient shall reimburse the City for the CDBG-CV funds received by the
Subrecipient as follows:
(A) Failure to meet national objective: The Subrecipient must reimburse the total award
of CDBG-CV funds received under this Agreement.
(B) Failure to use all CDBG-CV funds: In the event that not all CDBG-CV funds are
used for the emergency shelter improvements, the remainder of CDBG-CV funds
will be reimbursed to the City.
5.3 No Election of Remedies. Resort, by the City, to a remedy under subsection 5.2 of
this Agreement, or another remedy provision set out in this Agreement, does not bar the
application and use of any other remedy allowed by law or that may be enforced by the
City pursuant to 24 CFR 570.503, as amended.
SECTION 6. PROGRAM INCOME.
6.1 Disposition of Program Income. Program income received by the Subrecipient as
a result of this Agreement, if any, may be retained by the Subrecipient. Any such
program income must be used to provide housing services to low and moderate-
income individuals within the City of Corpus Christi and throughout the
community served by the Subrecipient in conformity with 24 CFR 570.208, as
amended. The Subrecipient shall report program income to the City annually,
during the term of this Agreement, not later than October 1 for the previous year
ending September 30.
6.2 Accounting for Program Income. The receipt and expenditure of program income
as defined in 24 CFR 570.500 shall be recorded as part of the financial transactions.
The Subrecipient shall report program income to the City annually, during the term of
this Agreement, not later than October 1 for the previous year ending September 30.
The Subrecipient shall comply with 2 CFR 200.307, as amended, with reference to
program income, if applicable.
SECTION 7. INSURANCE AND INDEMNITY PROVISIONS.
7.1 Insurance. The Subrecipient shall have in force, throughout the term of this Agree-
ment, insurance that complies with the standards in Exhibit B, a copy of which is at-
tached to this Agreement and is incorporated in this Agreement by reference. A
certificate to that effect must be provided to the City's Risk Manager ("Risk Manager")
and the Administrator at least ten (10) days prior to any construction. Failure to
maintain any of the types and limits of the insurance required by Exhibit B is cause for
the City to terminate this Agreement and cancel any and all reimbursements of CDBG-
CV funds to the Subrecipient.
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7.2 Notice to City. The Subrecipient shall require its insurance companies, written
policies, and certificates of insurance to provide that the City must be given thirty (30)
days advance notice by the insurer prior to cancellation, nonrenewal, or material change
of the insurance policies required by Exhibit B. Failure on behalf of the Subrecipient to
provide the City thirty (30) days advance notice of changes to required insurance
documents, the City may cancel any and all reimbursements of CDBG-CV funds to the
Subrecipient.
7.3 Right to Re-evaluation and Adjustment of Limits. The Risk Manager retains the
right to re-evaluate the insurance requirements during the term of this Agreement and
adjust the types and limits of such insurance upon thirty (30) days written notice to the
Subrecipient. Insurance types and limits may not be adjusted more frequently than
once per year.
7.4 Indemnification.
(A) The Subrecipient covenants and agrees that it will indemnify and
hold City harmless of, from, and against all claims, demands,
actions, damages, losses, costs, liabilities, expenses, and
judgments recovered from or asserted against the City on
account of injury or damage to persons or property (including,
without limitation on the foregoing, workers' compensation,
death, and premises defects) to the extent any such damage or
injury may be incident to, arise out of, or be caused, either
proximately or remotely, wholly or in part, by an act or
omission, negligence, or misconduct on the part of the City, its
officers, employees, or agents ("Indemnitees"), acting pursuant
to this Agreement and with or without the express or implied
invitation or permission of the Subrecipient, or on the part of
the Subrecipient or any of its agents, servants, employees,
contractors, patrons, guests, licensees, or invitees entering
facilities being used pursuant to this Agreement, or when any
such injury or damage is the result, proximate or remote, wholly
or in part, of the violation by Indemnitees, the Subrecipient or
any of its agents, servants, employees, contractors, patrons,
guests, licensees, or invitees of any law, ordinance, or
governmental order of any kind, or when any such injury or
damage may in any other way arise from entering facilities or
occupancy of the facilities itself by the Indemnitees, the
Subrecipient, or any of its agents, servants, employees,
contractors, patrons, guests, licensees, or invitees, and
including, without limitation, any damages or costs which may
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occur as a result of Public Service, administration of the
contracts by the City or its designee, failure of Public Service
prior to the completion and acceptance of the funding activity
by the City and the Subrecipient jointly, failure of the provide
Public Service itself.
(B) These terms of indemnification are effective upon the date of exe-
cution of this Agreement and whether such injury or damage may
result from the contributory negligence or concurrent negligence
of lndemnitees, but not if such damage or injury may result from
the sole negligence or willful misconduct of lndemnitees.
(C) The Subrecipient covenants and agrees that, in case the City is
made a party to any litigation against the Subrecipient or in any
litigation commenced by any party other than the Subrecipient
relating to this Agreement and the Public Service contemplated
under this Agreement, the Subrecipient shall, upon receipt of
reasonable notice and at its own expense, investigate all claims
and demands, attend to their settlement or other disposition,
defend the City in all actions based thereon with legal counsel
satisfactory to the City Attorney, and pay all charges of attorneys
and all other costs and expenses of any kind whatsoever arising
from any said claims, demands, actions, damages, losses, costs,
liabilities, expenses, or judgments.
(o) The provisions of this section survive the termination or expiration
of this Agreement.
SECTION 8. SUBRECIPIENT'S REQUIREMENTS.
8.1 Precontracting Conference. The Subrecipient has attended a precontracting
conference with City representatives. A virtual conference is acceptable at this time.
8.2 Pledged Contribution. The Subrecipient shall provide any additional funds needed
for the completion of the Improvements. The Subrecipient shall provide documentation
indicating funding source(s) or other proof as may be required by the Administrator.
8.3 Staff and Administrative Support. The Subrecipient shall provide sufficient staff
and administrative support to administer the CDBG-CV funds.
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8.4 Use of Funds. The Subrecipient covenants that all CDBG-CV funds expended
under this Agreement will be used solely for the activities described in this Agreement.
The Subrecipient shall reimburse the City for all funds expended for activities not related
to the purpose and activities described in this Agreement or that violate Federal or State
laws.
8.5 Accounting and Audit. The Subrecipient shall record financial transactions
according to approved accounting procedures and provide an independent audit of the
expenditures in accordance with 2 CFR Part 200.501, as amended. Such audit must be
completed within ninety (90) days after the Improvements were completed. A copy of
the audit must be provided to the City within thirty (30) days of completion of the audit.
If the audit shows discrepancies between amounts charged the Subrecipient and
amounts reimbursed to the Subrecipient by the City, a resolution of the discrepancies
must be made within sixty (60) days from receipt of the audit by the City. If the
Subrecipient owes the City money in resolution of the discrepancies, the money must
be paid within ninety (90) days from receipt of the audit by the City or the Subrecipient is
in default pursuant to this Agreement. External Audits must be submitted to the City no
later than 30 days after received until five (5) years after the projects has been closed.
8.6 Completion Date of Public Service. The Subrecipient shall complete the Public
Service activity under Section 2.1 by September 30, 2021. If the Subrecipient is
rendered unable to carry out the terms of this subsection, the Subrecipient shall
promptly give the City written notice of such delay together with reasonable particulars
concerning it. The Administrator may extend the construction time schedule for such
time as may be deemed necessary and justified. (An extension of the term is addressed
in Section 10.)
SECTION 9. CITY'S REQUIREMENTS.
9.1 Commitment of Funding for Improvements. The City shall provide the
Subrecipient up to Five Hundred Thousand Dollars ($500,000) from the FY2019-20
CDBG-CV Program for the administration of the Public Service activity as described in
Section 2 of this Agreement and in accordance with assessments, budget, and
construction schedules made a part of this Agreement, subject to the Subrecipient's
compliance with the provisions of this Agreement.
9.2 Additional Funds. Nothing in this Agreement may be construed as requiring the
City to provide additional construction funds to the Subrecipient at any time in the future.
SECTION 10. GENERAL PROVISIONS.
10.1 Term. This Agreement terminates September 30, 2021. Extensions to the term
of this Agreement may be requested by the Subrecipient and approved by the City
Manager or designee. However, the Subrecipient is bound by all covenants, terms, and
conditions of this Agreement including, without limitation, recordkeeping, for a period of
five (5) years commencing on the date of the Subrecipient's execution of this
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Agreement, unless a specific bound period is shorter or longer as may be stated in this
Agreement.
10.2 Objective. The Subrecipient shall monitor the Public Service activity assisted with
CDBG-CV funds for one (1) year after project is deemed closed by the City, to further
the primary objective of the Housing and Community Development Act as outlined in 24
CFR 570.200 and 570.208, as each may be amended, and will make all improvements
by September 30, 2021, and provide programs to help low and moderate
income individuals improve the quality of their lives and reach their maximum
potential for independence and at all times in accordance with HUD's Community
Development Block Grant regulations and guidelines and all local, State, and
Federal requirements and laws.
10.3 Default. In the event the Subrecipient ceases to meet all the requirements, in
accordance with the terms of this Agreement or commits any other default in the terms
of this Agreement, the City is herein specifically authorized to demand reimbursement of
the CDBG-CV funds paid to the Subrecipient and, in the event the City is not promptly
repaid, the City may seek legal action in any manner the City deems necessary towards
Subrecipient for reimbursement of all or portion of the FY19 CDBG-CV funds to the City.
10.4 No Liability. In no event is the City liable for any contracts made by or entered
into by the Subrecipient with any other person, partnership, association, firm,
corporation, or governmental entity.
10.5 Notices.
(A) All notices, demands, requests, or replies provided for or permitted under this
Agreement, by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery
service, for which service has been prepaid; or (5) by fax transmission.
(B) Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery service will
be deemed effective one (1) business day after transmission to the telegraph corn-
_. _ pany or overnight express carrier. Notice by fax transmission will be deemed effec-
tive upon transmission, with proof of confirmed delivery.
(C) All such communications must only be made to the following:
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If to the City: If to the Subrecipient:
City of Corpus Christi The Salvation Army-Coastal Bend
Attn: Leticia Kanmore, Administrator Attn: Capt. Patrick Gesner
Housing and Community Development Commanding Office
1201 Leopard St. 521 Josephine St.
Corpus Christi, TX 78401-2825 Corpus Christi, TX 78401
(361) 826-3816 Office (361) 884-9497 Office
(361) 826-3005 Fax (361) 884-7522 Fax
With a copy to:
City of Corpus Christi
Attn: Rudy Bentancourt, Director
Housing and Community Development Department
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-3021 Office
(361) 826-3005 Fax
(D) Either party may change the address to which notice is sent by using a method
Set out above. The Subrecipient shall notify the City of an address change within
10 (ten) working days after the address is changed.
10.6 Nonassignment. The Subrecipient may not assign, mortgage, pledge, or transfer
this Agreement or any interest in Improvements without the prior written consent of the
City.
10.7 Nonexclusive Services. Nothing in this Agreement may be construed as
prohibiting the Subrecipient from entering into contracts with additional parties for the
performance of services similar or identical to those enumerated in this Agreement, and
nothing in this Agreement may be construed as prohibiting the Subrecipient from
receiving compensation from such additional contractual parties, provided that all other
terms of this Agreement are fulfilled.
10.8 Breach of Agreement. Notwithstanding any other provisions of this Agreement,
should the Subrecipient breach any section or provision of this Agreement including,
without limitation, the failure to pay taxes, assessments, or other government charges,
the breach shall be remedied in accordance with subsection 4.3 of this Agreement and
any other applicable subsections. If repayment is required as a remedy, other remedies
may be pursued, as deemed necessary by the City Manager, if repayment is not made.
The City is entitled to reasonable attorney's fees in any court action arising out of this
Agreement.
10.9 Modifications. Modifications to this Agreement are not effective unless signed by
a duly authorized representative of each of the parties to this Agreement. Modifications
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which do not change the essential scope and purpose of this Agreement may be
approved on behalf of the City by the City Manager.
10.10 Validity. If, for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this Agreement is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this Agreement, for it is the definite
intent of the parties to this Agreement that every section, paragraph, subdivision,
clause, phrase, word, and provision of this Agreement be given full force and effect for
its pur-pose.
10.11 Jurisdiction and Venue. The laws of the State of Texas govern and are appli-
cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces
County, Texas, where this Agreement was entered into and must be performed.
10.12 Disclosure of Interests. In compliance with Section 2-349 of the City's Code of
Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form,
which is attached to this Agreement as Exhibit D, the contents of which, as a
completed form, are incorporated in this document by reference as if fully set out in this
Agreement.
10.13 Acknowledgment of Funding Source. The Subrecipient shall give credit to the
City's CDBG-CV Program as the project funding source in all presentations, written
documents, publicity, and advertisements regarding the Improvements. The
Subrecipient agrees to acknowledge the sponsorship of the City of Corpus Christi at any
event promoting the project or any other project sponsor.
10.14 Certification Regarding Lobbing. In compliance with federal law, the
Subrecipient shall execute Exhibit E, the contents of which, as a completed form, are
incorporated in this document by reference as if fully set out in this Agreement.
(EXECUTION PAGES FOLLOW)
FY2019-20 CDBG-CV The Salvation Army of the Coastal Bend
Page 13 of 22
'Dlsfi
Executed in duplicate originals this day of V\0. , 2026)
ATTEST: City of Corpus C rist /
ciztiezes _4-fr,f4z. / (
Rebecca Huerta, Secretary 'a u= ' feith' elman,
Assistant City Manager
O 3X AU iurn -'
APPROVED AS TO FORM:
SECRETARY 66
1,
4 .' ,nar
W. Kent i ar
Assistant City Attorney
FY2019-20 CDBG-CV The Salvation Army of the Coastal Bend
Page 14 of 22
The Salvation Army,A Georgia Corporation for
SUBRECIPIENT: The S-; / 'on Army cf the Coastal Bend
/ I
-`` --- _ 5/7/2__
Executive Director or Designee Date
James K. Seiler,Tre?surer
ATTEST:
•
(Seal Below)
FY2019-20 CDBG-CV The Salvation Army of the Coastal Bend
Page 15 of 22
EXHIBIT A
CDBG #1
PRELIMINARY BUDGET & PROGRAM SCHEDULE
Funding: CDBG COVID 19
Organization: The Salvation Army, a Georgia Corporation-Corpus Christi,
TX Project Name: The Salvation Army CDBG#1 Mortgage and Utility
Assistance Capital Contribution: $500,000
Other Funds: $0
Total Project Cost: $500,000
Prepared by: Captain Patrick Gesner Rev. Date: 04/27/20
PRELIMINARY BUDGET
Project Financial Resources:
(Funds available to complete your project)
AMOUNT
• Fund FY 2019 CDBG COVID 19 Program $ 500.000
• Other Committed Funding $
• Capital Contribution from Agency $
Other...(Specify) $
• TOTAL FUNDS AVAILABLE FOR PROJECT $ 500.000
Estimated Expenses to Complete Project:
List estimated expenses to complete your project such as:
AMOUNT
• Metal Building Shell & Foundation $
• Land Survey, Soil Testing, $
• NE Professional Fees (12%) $
• Bid Advertising, Printing, Etc $
• Construction Cost &Contingencies $
• Other COVID 19 Hotel Vouchers $ 500,000
• TOTAL PROJECT COST $ 500,000
INOTE: "Total Funds Available for Project" shall be equal to "Total Project Cost"'
PRELIMINARY CONSTRUCTION SCHEDULE
(Projected dates for completion of key project phases)
KEY PROJECT PHASES PROJECTED DATE
Enter month,day and year
• Facility Acquisition
• Platting: Soil Testing; Environmental; Other
• Procurement of Architect/Engineer(NE) Services
• Design Phase
• Advertising/ Bid Opening
• Awarding Construction Contract
• Commencement of Program 05/A1/20
• Construction at 100% Completion A4/3g{22
• Contingencies
A FINALIZED Budget and Construction Schedule shall be submitted ten (10)days prior to award any construction contract,
which must include a budget with detailed cost of project and detailed schedule of construction frnm ctart in nmmniatinn riatP
to be substituted for"EXHIBIT A" of your City Agreement.
Page 16 of 22
The Salvation Army, a Georgia Corporation-Corpus Christi, TX
CITY COVID 19
contract CDBG #1 Mortgage and Utility Assistance CV
2020-2022 500,000.00
Homeless Prevention-Mortgage & Utility Assistance
100% Case Management X 2, 50% Case Management X1 plus fringe benefits 112,500.00
Utility Payment 60,000.00
Short Term 3 Months 135,000.00
Medium Term up to 24 Mo 152,500.00
TOTAL 460,000.00
HMIS
HMIS Software License 5,000.00
HMIS Data Intake Worker 5,000.00
HMIS Staff Data Analysis
TOTAL 15,000.00
Administrative
Program Manager 7,500.00
Finance Supervisor 7,500.00
Book Keeper 10,000.00
TOTAL 25,000.00
Zero Match
Page 17 of 22
EXHIBIT C
CDBG COMPLIANCE AFFIDAVIT
CDBG #1 Mortgage and Utility Assistance
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUEGES §
Date: 04/27/20
Affiant: The Salvation Army, a Georgia Corporation-Corpus Christi, TX
Community Development Block Grant Subrecipient
Affiant organization representative on oath swears the following statements are true:
I, j�fr\ie I�ayrvi'y am the lexca5 61,;sione.l kvuntiacj,.(title) of
line Sa(va.+i a n A,,v1 , a Texas nonprofit corporation, which has
applied for and been awarded Community Development Block Grant ("CDBG") Program
funds administered by the City of Corpus Christi ("City"). Prior to the start of the project for
which CDBG funds have been awarded, as the representative of the above-named
subrecipient organization ("Subrecipient"), I met with City staff and received copies of the
following federal rules and regulations:
OMB Circular A-110 24 CFR 85.43 and 85.44
OMB Circular A-122 24 CFR 570.200, 500, and 600 et. seq.
OMB Circular A-133 49 CFR Part 24, 24.101-24.104
24 CFR Part 84
By execution of this affidavit, I attest that I have received the above-listed federal rules and
regulations, I have been provided with a general explanation of this information, and I
understand the Subrecipient's obligations of performance under the rules and regulations.
Furthermore, I acknowledge that there may be additional federal rules and regulations,
beyond the rules and regulations listed above, to which the Subrecipient may be subject
and with which the Subrecipient must comply. ' I
By: _ . _
Name: Zor`rk‘e. ( v.e r
Organization: The Sadva+i c . Arwly i ,L GA e.,✓(
2-C>:-o
SWORN TO AND SUBSCRIBED before me the (7' day ofat
w- , 241-9.
1 a,....._e_li
, eve; NICKY ROBERTS Nota Public, State of Texas
i' My Notary ID#8335679 ry
,f i�,,z ,:• Expires January 11,2021 /
Page 18 of 22
ow''us cy s
Viit'
'' EXHIBIT D
1,A 4 CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to
do business with the City to provide the following information. Every question must be
answered. If the question is not applicable, answer with "NA." See the definitions for the
Disclosure of Interest in Section II - General Information.
COMPANY NAME: The Salvation Army, a Georgia Corporation-Corpus Christi,TX
P. O. BOX:
STREET ADDRESS: 521 Josephine CITY: Corpus Christi ZIP: 78401
FIRM IS: 1. Corporation _ 2. Partnership n 3. Sole Owner
4. Association 5. Other X 501c3
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate
sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership
interest" constituting 3%or more of the ownership in the above named "firm."
Name Job Title and City Department (if
known)
Not applicable
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named "firm."
Name Title
Not applicable
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
interest" constituting 3%or more of the ownership in the above named "firm."
Name Board, Commission or Committee
Not applicable
Page 19 of 22
EXHIBIT I (coned.)
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi
who worked on any matter related to the subject of this contract and has an "ownership
interest" constituting 3% or more of the ownership in the above named "firm."
Name Consultant
Not applicable
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will
confer an economic benefit on any City official or employee that is distinguishable from the
effect that the action will have on members of the public in general or a substantial segment
thereof, you shall disclose that fact in a signed writing official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349 (d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement,
that I have not knowingly withheld disclosure of any information requested; and that
supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as
changes occur.
Certifying Person: Title:
(Type or Print)
Signature of Certifying Date:
Person: 411
04 z9lzo.c)
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by
the City Council of the City of Corpus Christi, Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the
public in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full
or part-time basis, but not as an independent contractor.
Page 20 of 22
EXHIBIT I(coned.)
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service,
including but not limited to, entities operated in the form of sole proprietorship, as self-
employed person, partnership,
corporation, joint stock company, joint venture, receivership or trust, and entities which
for purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the
City of Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held,
in a firm, including when such interest is held through an agent, trust, estate, or holding
entity. "Constructively held" refers to holdings or control established through voting trusts,
proxies, or special terms of venture or partnership agreements."
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
Page 21 of 22
Exhibit E
CDBG #1 Mortgage and Utility Assistance
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or an 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 the awarding of any federal contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement
(2) 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 with this a
Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Signature Date
Print Name of Authorized Individual
Tl�e S«lv«+,0n Ar,r.I I a LA ecce
Organization Name
Page 22 of 22