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HomeMy WebLinkAboutC2020-193 - 4/21/2020 - Approved CDBG-CV SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI HOPE HOUSE, INC. 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 Corpus Christi Hope House, Inc., ("Subrecipient"), a nonprofit corporation organized under the laws of the State of Texas. 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 residents 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 in 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 FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 1 of 24 SCANNED 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 Corpus Christi Hope House 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. FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 2 of 24 (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. FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 3 of 24 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- FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 4 of 24 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 FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 5 of 24 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 or as 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 FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 6 of 24 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. FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 7 of 24 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 FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 8 of 24 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 Indemnitees, but not if such damage or injury may result from the sole negligence or willful misconduct of Indemnitees. (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. (D) 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. FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 9 of 24 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. 6.6 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 FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 10 of 24 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: FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 11 of 24 If to the City: If to the Subrecipient: City of Corpus Christi Corpus Christi Hope House, Inc. Attn: Leticia Kanmore, Administrator Attn: Melissa Juarez Housing and Community Development 3226 Reid Drive. 1201 Leopard St. Corpus Christi, TX 78404 Corpus Christi, TX 78401-2825 (361) 852-2273 (361) 826-3816 Office (361) 852-8211 Fax (361) 826-3005 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 FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 12 of 24 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 Corpus Christi Hope House, Inc. Page 13 of 24 Sfi Executed in duplicate originals this day of rV\q, , 202,6 ATTEST: City of Corpus C risti i Reb cca Huerta, Secretary muel "Keit " Sel an, Assistant City Manager d � ��{pR12t► APPROVED AS TO FORM: IT Matt ARV PN�M d// jrirriwAiwri- W. Kent Wily., Assistant City Attorney FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 14 of 24 SUBRECIPIENT: CORPUS CHRISTI HOPE HOUSE INC. VW' w,e xec tiveDirecto�0� esig e Date ✓ I� ATTEST: (Seal Below) FY2019-20 CDBG-CV Corpus Christi Hope House, Inc. Page 15 of 24 EXHIBIT A PRELIMINARY BUDGET & PROGRAM SCHEDULE Funding: $500,000 Organization: Corpus Christi Hope House, Inc. Project Name: CDBG COVID-19 CARES ACT (Mortgage Assistance) Project Capital Contribution: $ 0 Other Funds: $ 0 Total Project Cost: $ 500,000 Prepared by: Melinda Baker Rev. Date: PRELIMINARY BUDGET Project Financial Resources: (Funds available to complete your project) AMOUNT • Fund FY 2020-21 CDBG Program $ 500,000 • Other Committed Funding $ 0 • Capital Contribution from Agency $ 0 Other...(Specify) $ 0 • TOTAL FUNDS AVAILABLE FOR PROJECT $ 500.000 Estimated Expenses to Complete Project: List estimated expenses to complete your project such as: AMOUNT • Public Service (Mortgage and Utility Assistance) $437,600 • Case Managers (2) (Public Service: Mortgage/Utility Assistance) $ 62 400 • A/E Professional Fees(12%) $ • Bid Advertising, Printing, Etc $ • Construction Cost &Contingencies $ • Other Expenses ADA/& Other Certifications $ • TOTAL PROJECT COST $ 500,000 NOTE: 'Total Funds Available for Project" shall be equal to "Total Project Cost") PRELIMINARY CONSTRUCTION SCHEDULE (Proiected dates for completion of key project phases) KEY PROJECT PHASES PROJECTED DATE Enter month, day and year • Project Implementation June 2020—Sept. 2021 • Platting: Soil Testing; Environmental; Other • Procurement of Architect/Engineer(NE) Services • Design Phase • Advertising/ Bid Opening • Awarding Construction Contract • Commencement of Construction • Construction at 100% Completion • 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 from start to completion date, to be substituted for''EXHIBIT A" of your City Agreement. Page 16 of 24 EXHIBIT B INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one(l) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. CRIME/EMPLOYEE DISHONESTY $500,000 Per Claims Made Contractor shall name the City of Corpus Christi, Texas as Loss Payee C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: Page 17 of 24 City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers,as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City,with the exception of the workers'compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty(30)calendar days advance written notice directly to City of any,cancellation,non-renew-al, material change or termination in coverage and not less than ten(10)calendar days advance written notice for nonpayment of premium. E. Within five(5)calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit 3-N Professional Services—Crime-Employee Dishonesty 04/14/2020 Risk Management— Legal Dept. Page 18 of 24 EXHIBIT C CDBG COMPLIANCE AFFIDAVIT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Date: Affiant: Corpus Christi Hope House, Inc. Community Development Block Grant Subrecipient Affiant organization representative on oath swears the following statements are true: Melissa Juarez am the Executive Director (title) of Corpus Christi Hope House, Inc. , 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. By: (I' el;sSG` Tuta r e Name: ,.__Z�A y, Organization:C ,/i c 4.ift 4121141 . f+v SWORN TO AND SUBSCRIBED before the A ALIS , 2020. 60 ,m o e f...oivrya I‘ , Notary Public, State of Texa (:-E):� ;,; SANDRA JANE LERMA •;- •= My Notary ID#130558029 --"i'.,;:4,6•,.4::1 Expires February 29,2024 Page 19 of 24 o ? I, EXHIBIT D O �mi �*' CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS a' 1852 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: Corpus Christi Hope House, Inc. P. O. BOX: STREET ADDRESS: 3226 Reid Drive CITY: Corpus Christi ZIP: 78404 FIRM IS: 1. Corporation ❑ 2. Partnership n 3. Sole Owner ❑ 4. Association ❑ 5.Other Fl Non-Profit Organization 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) N/A N/A 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 N/A N/A 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 N/A N/A Page 20 of 24 EXHIBIT D(cont'd.) 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 N/A N/A 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: Melinda Baker Title: ---- ---- Grant Administrator (Type or Print) Signature of Certifying Date: 4/24/2020 Person: f ('P� 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 21 of 24 EXHIBIT D(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 22 of 24 Exhibit E 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.( �{ - \2�L..\\. 4/24/2020 Signature Date Melinda Baker Print Name of Authorized Individual Corpus Christi Hoppe House, Inc. Organization Name Page 23 of 24 Corpus Christi Hope House,Inc. Community Development Block Grant Program–COVID-19 CARES ACT Written Standards The U.S. Department of Housing and Urban Development's (HUD's) Community Development Block Grant program(CDBG)can be employed by states and local units of government to support economic and community development efforts in response to the COVID-19 pandemic. The Coronavirus Aid, Relief, and Economic Security(CARES)Act (Pl. 116-136) includes $5 billion for the Community Development Fund, enabling additional HUD support for CDBG grantees. This Insight provides an overview of the conventional CDBG program,considers how CDBG funds may be used to support community and economic development efforts in response to the COVID-19 pandemic, and discusses provisions in the CARES Act pertaining to CDBG. Community Development Block Grant Program Overview CDBG is a flexible program administered by HUD that provides formula-based block grant funding to states and eligible localities.CDBG authorities are regularly used to respond to unmet long-term recovery needs in disaster-affected areas. In some instances, Congress has enacted supplemental appropriations under CDBG authorities to provide additional resources for unmet needs of affected communities— typically, but not exclusively, in areas with federal emergency or disaster declarations under the Stafford Act— which have come to be known as CDBG Disaster Recovery,or CDBG-DR.CDBG Formula Allocation CDBG funds generally are allocated through two separate formula processes. Mortgage and Utility Payments for Owners and Renters Grantees are prohibited by section 570.207(b)(4)from making payments to persons for acquisition, construction,or rental of housing unless the activity qualifies under section 570.204(a). The regulations at section 570.204(a) allow eligible subrecipients to receive CDBG funds for making such housing payments to persons, as long as it is part of, or it qualifies as,a neighborhood revitalization,community economic development, or energy conservation project and the grantee determines that the project is necessary or appropriate to achieve community development objectives. The following scope of CDBG COVID-19 CARES Funding: • Monthly housing payment. CDBG funds may pay all or part of monthly mortgage or rent payments or arrears payments. • Monthly utility payment.CDBG funds may pay all or part of monthly utility payment or arrears payments. • Case Management and Program Facilitation. CDBG Funds may pay all or part of Case Management staff and Program Facilitation for(1) Monthly housing payment and/or(2) Monthly utility payment. Eligibility and Documentation Corpus Christi Hope House, Inc.will adhere to all program eligibility guidelines and documentation guideline from the Depart of Housing and Urban Development and the City of Corpus Christi. Page 24 of 24 lig.