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HomeMy WebLinkAboutC2020-194 - 4/21/2020 - Approved 2019 EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG-CV) SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE SALVATION ARMY—Coastal Bend This agreement(hereinafter"AGREEMENT") is made and entered into on this the I day of 1' , V\ ,2020, by and 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, a Georgia corporation, hereinafter referred to as"SUBRECIPIENT." WITNESSETH: 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 Special Emergency Solutions Grant Funds ("ESG-CV") to the City to be used to prevent, prepare for, and respond to the Coronavirus pandemic(COVID- 19) among individuals and families who are homeless or receiving homeless assistance;and to support additional homeless assistance and homelessness prevention activities to mitigate the impacts of COVID-19; WHEREAS, the City has allocated Three Hundred Thousand Dollars ($300,000)from the FY2019-20 Emergency Solutions Grant Coronavirus Response ("ESG-CV") Program to provide immediate needs faced by our communities,which are subject to flexibilities and conditions provided by Exhibit L("CARES"Act); Funds may be used to cover or reimburse allowable costs incurred before the award of funding(including prior to the signing of the CARES Act)to prevent, prepare for, and respond to COVID-19; WHEREAS, the Coronavirus pandemic has impacted the low income and very low income residents and households in the City and the City desires to provide additional food and housing assistance to these residents through this Agreement; WHEREAS,SUBRECIPIENT desires to carry out eligible activities eligible activities among individuals and families affected by COVID-19 who are homeless or receiving homeless assistance and homelessness prevention activities as described in the Statement of Work attached hereto as Exhibit A (the "Statement of Work"),subject to the flexibilities and conditions provided in Exhibit L("CARES" Act) and are permitted by the Federal Register/Vol. 76, No. 233/Rules and Regulations pursuant to the U. S. Department of Housing and Urban Development Emergency Solutions Grants Program Entitlement Grant Regulations and covered in 24 CFR Parts 91 and 576. FY19 ESG-CV The Salvation Army Agreement Page 1 of 35 SCANNED WHEREAS,the CITY proposes to contract with SUBRECIPIENT in order that the eligible activities described in Exhibit A(the "Statement of Work")can be carried out for the benefit of residents in the City's jurisdiction. NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the mutual covenants and agreements herein set forth and other good and valuable consideration the receipt of which is hereby acknowledged,the CITY and the SUBRECIPIENT do mutually agree as follows: SECTION I Rules and Regulations SUBRECIPIENT agrees to cooperate with the CITY in respect to the implementation of the Special Emergency Solutions Grants Program ("ESG-CV")activities CFDA No. 14.231 to be carried out by SUBRECIPIENT pursuant to 24 CFR Parts 91 and 576 and other requirements, regulations and flexibilities and conditions provided in Exhibit L("CARES"Act) and decisions as may be made by the Department of Housing and Urban Development(HUD) or any other federal or state or entity that may legally exercise its jurisdiction over expenditures of ESG-CV funds. SECTION II Statement of Work SUBRECIPIENT agrees to perform services as outlined in Exhibit A:Statement of Work, of this AGREEMENT for and in consideration of ESG-CV funding in the amount of$300,000.00 enumerated in Exhibit B-1(the "Grant Budget") and Exhibit B-2(the "Payment Schedule"). SUBRECIPIENT agrees to notify the CITY, in writing, prior to any changes in its Statement of Work, the Grant Budget,the Payment Schedule and the Schedule of Activity attached hereto as Exhibit C(the"Schedule of Activity"). SUBRECIPIENT shall obtain approval, in writing,from the CITY prior to commencing work on any changes made to the Statement of Work,the Grant Budget,the Payment Schedule and the Schedule of Activity. CITY shall not be liable for costs incurred or performances rendered by SUBRECIPIENT before commencement of this AGREEMENT or after termination of this AGREEMENT. SUBRECIPIENT agrees to follow the schedule outlined in the Schedule of Activity of this AGREEMENT, and shall notify the CITY, in writing, prior to any changes,delays or departures from the Schedule of Activity. If SUBRECIPIENT demonstrates that delays or departure from the Schedule of Activity is due to circumstances beyond its control, the CITY and SUBRECIPIENT may(but the City shall not be required) amend the Schedule of Activity. FY19 ESG-CV The Salvation Army Agreement Page 2 of 35 SECTION III Records and Reports SUBRECIPIENT agrees to establish and maintain records and reports as outlined in the Records and Reports attached hereto as Exhibit D(the "Records and Reports")and agrees to make the Records and Reports available to the CITY, HUD, and any other local, state or federal entity or authority that may exercise jurisdiction over ESG-CV funds. SUBRECIPIENT shall maintain records as per 24 CFR 576.500. SUBRECIPIENT shall retain all program records for a period of five (5)years from final ESG-CV payment. SUBRECIPIENT must develop and implement written procedures to ensure: (i) All records containing personal identifying information (as defined in HUD's standards for participation, data collection,and reporting in a local HMIS)of any individual or family who applies for and/or receives ESG-CV Assistance will be kept secure and confidential; (ii)The address or location of any domestic violence, dating violence, or stalking shelter project assisted under the ESG-CV will not be made public, except with written authorization of the person responsible for the operation of the shelter; and (iii)The address or location of any housing of a program participant will not be made public, except as provided under a pre-existing privacy policy of the SUBRECIPIENT and consistent with state and local laws regarding privacy and obligations of confidentiality. The confidentiality procedures of the SUBRECIPIENT must be in writing and must be maintained in accordance with this section. SECTION IV Training and Monitoring Visits SUBRECIPIENT shall attend an orientation prior to the award of funds. SUPRECIPIENT shall attend any training as required by the CITY. SUBRECIPIENT agrees that the CITY shall conduct an-site monitoring visits at least annually to assure compliance with applicable Federal requirements and that performance goals are being achieved, if applicable,as per 2 CFR 200.328 (a). After each monitoring visit, the CITY shall provide SUBRECIPIENT with a written report of the monitor's findings. If the monitoring reports note deficiencies in SUBRECIPIENT'S performance under the terms of this AGREEMENT,the monitoring report shall include requirements for the timely correction of such deficiencies by no later than thirty(30)days of the date of the report by SUBRECIPIENT. Failure by SUBRECIPIENT to take action specified in the monitoring report may be cause for suspension or termination of this AGREEMENT, as provided in Section XII of this AGREEMENT. In addition, SUBRECIPIENT shall give HUD, Inspectors General, the Comptroller General of the United States,the CITY,and any of their duly authorized representatives, unobstructed and full access to and the right to examine all books, accounts, records, reports,files, and other papers, things,or property belonging to or in use by SUBRECIPIENT pertaining to this AGREEMENT. FY19 ESG-CV The Salvation Army Agreement Page 3 of 36 SECTION V Payment Requests and Program Income SUBRECIPIENT agrees to follow administrative directions from the CITY regarding documenting and processing payment requests as defined in the Requests for Payments attached hereto as Exhibit E (the "Requests for Payments")of this AGREEMENT. SUBRECIPIENT shall submit final reimbursement request to the CITY within 30 days (by September 1, 2021) of the AGREEMENT termination date. SUBRECIPIENT and CITY agree that if applicable, program income generated from the use of ESG-CV funds shall be retained by the SUBRECIPIENT. If the activity is partially assisted with ESG-CV funds, the SUBRECIPIENT agrees to pro-rate the gross income to reflect the percent of ESG-CV funds assisted in the activity. SUBRECIPIENT is to provide to the CITY by the third Wednesday of each month an accounting of program income outlined in the Records and Reports.The CITY is then required to report all ESG-CV program income earned, retained,and expended. SUBRECIPIENT shall be allowed to use program income for the same or similar eligible activities that generated the program income. Failure of the SUBRECIPIENT to report program income as required shall cause the CITY to require all program income to be recovered by the CITY. SUBRECIPIENT and the CITY agree that all unused ESG-CV funds at the end or termination of this AGREEMENT will be reallocated or reprogrammed by the CITY. Refer to Exhibit E for more detail. SECTION VI Matching Funds SUBRECIPIENT must match 100%the funds provided by the CITY with an equal amount of funds from other appropriate resources in this AGREEMENT as set forth in 24 CFR§576.201. Eligibility of matching fund sources shall be subject to review and approval by the CITY. Unless specified on Exhibit L("CARES" Act) or notice to grant waivers of and specify alternative requirements for statutes and regulations and administration in connection with the use of ESG-CV funds authorized by HUD. In the event the CITY determines that the SUBRECIPIENT'S match funds are not in compliance with HUD regulations, policies, or directives,the CITY may, in its sole discretion, reduce the total funding amount set forth in an amount proportionate to the ineligible match funds. The requirements for matching ESG-CV funds are described in section 576.201 of the ESG-CV Interim Rule, and the requirements for documenting matching contributions are described in section 24 CFR 576.500(o). FY19 ESG-CV The Salvation Army Agreement Paee 4 of 35 SECTION VII Lead Based Paint Lead Based Paint regulations require that all owners, perspective owners, and tenants of properties constructed prior to 1978 be properly noticed that such properties may contain lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisoning. Lead-based Paint Remediation and Disclosure. The SUBRECIPIENT must comply with the Lead- Based Paint Poisoning Prevention Act(42 U.S.0 4821-4826), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations found at 24 CFR Part 35, subparts A, B, H,J, K, M and R with regard to all shelters assisted under ESG-CV program and all housing occupied by program participants. SUBRECIPIENT may not use E5G-CV funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in 24 CFR 4576.403 (b), (c), (1-10). SUBRECIPIENT must complete a Lead-Based Paint visual assessment on all units being assisted with ESG-CV funds by state certified lead-based paint health inspectors and must maintain in the client's file documentation that said inspection passed and met all requirements as referenced above. SECTION VIII Religious Activities SUBRECIPIENT and the CITY both agree that none of the funds expended or activities undertaken shall be used in support of any sectarian or religious activity or religious holiday, nor shall any building or structure funded under this AGREEMENT be used for sectarian or religious activities. If an entity conducts these activities, the activities must be offered separately, in time or location, from the programs or services funded under ESG-CV, and participation must be voluntary for program participants as described in 24 CFR 576.406. SECTION IX Other Program Requirements SUBRECIPIENT agrees to comply with "Other Federal Requirements" as listed in 24 CFR 576.407 except for those environmental review requirements listed as 24 CFR part 50 and initiation of review process under the provisions of 24 CFR part 58. In general,the revisions to the section on "Other Federal Requirements"clarify the degree to which certain requirements are applicable, remove certain requirements that are redundant or moved elsewhere in the rule for improved organizational purposes,and change certain requirements to correspond with changes in the McKinney-Vento Actor other changes made by this interim rule. (Please see Exhibit F attached hereto and incorporated herein for all purposes). FY19 ESG-CV The Salvation Army Agreement Page 5 of 35 SECTION X Uniform Administrative Requirements SUBRECIPIENT must comply with the requirements and standards implemented in 2 CFR Part 200, "Uniform Administrative Requirements,Cost Principles and Audit Requirements for Federal Awards" and any subsequent amendments thereto. (Please see Exhibit G attached hereto and incorporated herein for all purposes as guidance). Audits shall be conducted annually. SUBRECIPIENT shall comply with the provisions in 2 CFR Part 200 or the related ESG-CV provisions,as specified in the Other Federal Requirements attached hereto as stated in Exhibit F (the "Other Federal Requirements")and any subsequent amendments thereto. SECTION XI Audit Requirements SUBRECIPIENT agrees to comply with the applicable requirements and standards as set forth in 2 CR Part 200,Subpart F, Audit Requirements, and any subsequent amendments thereto. (Please see Exhibit G attached hereto and incorporated herein for all purposes as guidance). If SUBRECIPIENT expends less than Seven Hundred Fifty Thousand Dollars ($750,000.00) a year in federal awards,then they are exempt from the audit requirements implemented in 2 CFR part 200 for that year except as noted in 2 CFR§200.503; however, records must be available for review or audit by appropriate officials of HUD,the CITY and the General Accountability Office. However, if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars($750,000.00) or more in federal funds,SUBRECIPIENT must, within nine (9) months from the end of its fiscal year, supply the CITY with an audit of revenues and expenditures conducted by a certified public accountant. Grant funds may be forfeited if the SUBRECIPIENT fails to submit an audit within the allotted time. SUBRECIPIENT agrees to furnish the CITY with a current Financial Management Letter(financial statements)within six(6) months from the end of its fiscal year covering the period of this AGREEMENT that includes detailed receipts and disbursement of payments to SUBRECIPIENT hereunder. Grant funds may be forfeited if the SUBRECIPIENT fails to submit a Financial Management Letter. SUBRECIPIENT is required to submit a 990 Tax Return (Return of Organization Exempt from Income Tax)for the most recent fiscal year within six(6) months if submitting a Financial Management Letter or within nine (9) months if submitting a Financial Audit. If the SUBRECIPIENT is not classified as exempt, the SUBRECIPIENT will not be awarded grant funds. SUBRECIPIENT is required to submit 941 Employer's QUARTERLY Federal Tax Return reports. FY19 ESG-CV The Salvation Army Agreement Page 6 of 35 If applicable,SUBRECIPIENT agrees to cooperate with the CITY relating to any inquiries regarding the Financial Auditor Financial Management Letter and SUBRECIPIENT acknowledges that a Financial Audit or Financial Management Letter shall be provided to the CITY at the expense of the SUBRECIPIENT. Financial Auditor Financial Management Letter shall be available to the CITY staff,and any and all applicable federal agencies, and be of unrestricted access, in accordance with 2 CFR 200.331 and 2 CFR 200.336. SECTION XII Suspension and Termination SUBRECIPIENT understands that this AGREEMENT may be terminated, in accordance with 2 CFR 200.339, if the SUBRECIPIENT materially fails to comply with the provisions of this AGREEMENT or the provisions so listed in the Statement of Work attached hereto as Exhibit A(the "Statement of Work"), the Grant Budget attached hereto as Exhibit B-1 (the"Grant Budget), the Payment Schedule attached hereto as Exhibit B-2(the "Payment Schedule),the Schedule of Activity attached hereto as Exhibit C (the "Schedule of Activity"),the Records& Reports attached hereto as Exhibit D (the "Records & Reports"), the Request for Payments attached hereto as Exhibit E(the "Request for Payments"), Other Applicable Provisions attached hereto as Exhibit F(the "Other Federal Requirements"), and 2 CFR part 200. Further,SUBRECIPIENT understands that all remedies for non- compliance pursuant to 2 CFR 200.338 may be utilized if the requirements of this AGREEMENT are not followed._. SUBRECIPIENT agrees to follow all the requirements under 24 CFR 576.402 when terminating assistance on a program participant. If a program participant violates program requirements, the recipient or SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the recipient or SUBRECIPIENT that recognizes the rights of the individuals affected. SUBRECIPIENT must document the determination of ineligibility for each individual or family determined ineligible as required in 24 CFR 576.500. The record must include documentation of the reason for that determination. It is expressly agreed that this AGREEMENT may not be amended except upon the joint action of both the CITY and SUBRECIPIENT. SECTION XIII Assets SUBRECIPIENT shall not purchase any asset unless so permitted by the CITY and such procurement shall be done in the form and manner so prescribed by the CITY. Any asset acquired or improved in part or in whole with ESG-CV funds must be used in an activity that meets one of the national objectives listed in 24 CFR Part 91 and 576. FY19 ESG-CV The Salvation Army Agreement Pagel of 35 The disposition of any asset improved or acquired in part or in whole with ESG-CV funds by the SUBRECIPIENT must be done with prior written approval of the CITY and the CITY shall be reimbursed for the asset, if sold, in the full amount of the disposed value of the asset. The CITY may, at its option, request that such asset be transferred to the CITY if the asset is no longer being used to meet one of the national objectives or in any case where the SUBRECIPIENT no longer provides services shown on the Statement of Work. SECTION XIV INDEMNITY CLAUSE&INSURANCE PROVISIONS A) SUBRECIPIENT covenants and agrees that it will indemnify and hold the City, it's elected officials, officers, agents and employees 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 injury or damage may be incident to, arise out of,or be caused,either proximately or remotely, wholly or in part,by on act or omission,negligence, or misconduct on the pan 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 upon the facilities being used pursuant to this Agreement and with or without the express or implied invitation or permission of the SUBRECIPIENT,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 or out of the use or occupancy of the facilities by Indemnitees, the SUBRECIPIENT or any of its agents, servants, employees, contractors,patrons, guests,licensees,or invitees, including,but not limited to, the failure of the SUBRECIPIENT to maintain the Facilities. (B) These terms of indemnification are effective upon the date of execution of this AGREEMENT and whether such injury or damage may result from the contributory negligence or concurrent negligence of Indemnitees, but not if such injury or damage 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, the SUBRECIPIENT shall,upon receipt of reasonable notice regarding commencement of litigation 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. FY19 ESG-CV The Salvation Army Agreement Page 8 of 35 RR The indemnification provisions of this section survive the termination or expiration of this AGREEMENT. SUBRECIPIENT shall have in force,throughout the term of this AGREEMENT, insurance that complies with the standards in Exhibit H,a copy of which is attached to this AGREEMENT and incorporated in this AGREEMENT by reference. A certificate evidencing the SUBRECIPIENT'S provision of insurance must be provided to the City's Risk Manager("Risk Manager') and the CITY at least ten (10) days prior to any expenditures of ESG-CV funds by the SUBRECIPIENT. Failure to maintain any of the types and limits of the insurance required by Exhibit H is cause for the City Manager to terminate this AGREEMENT and cancel any and all reimbursements of ESG-CV funds to the SUBRECIPIENT. 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 H. CITY'S 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 SUBRECIPIENT. Insurance types and limits may not be adjusted more frequently than once a year. SECTION XVI - Procurement SUBRECIPIENT agrees to follow the statues and rules governing the CITY in the procurement of services, supplies or non-real property in relation to CITY-funded projects. The legal standards that will apply include the procurement standards of the City of Corpus Christi, which includes procurement standards established by 2 CFR part 200. SUBRECIPIENT must comply with E5G-CV applicable requirements covered in this AGREEMENT. Procurement by the SUBRECIPIENT must follow a written code of conduct and establish procurement procedures that provide an open and free competition in accordance with 2 CFR part 200. SUBRECIPIENT shall comply with current ESG-CV policy and 2 CFR part 200, concerning the purchase of equipment and shall maintain inventory records of all non-expended personnel property as defined by such policy as may be procured with funds provided herein. SECTION XVII Conflict of Interest SUBRECIPIENT covenants that members of its organization or staff members who exercise influence on the decision-making process will not have any interest,direct or indirect,with any person, corporation, company or association that is hired to carry out any of the activities so listed in the Statement of Work(Exhibit A), 24 CFR Part 576.404, and 2 CFR part 200. FY19 ESG-CV The Salvation Army Agreement Page 9 of 35 SUBRECIPIENT agrees that no person who is an elected official, officer, director, employee, consultant,or agent of the SUBRECIPIENT's organization or the CITY's organization shall gain any interest in any corporation, company, or association that is hired to carry out any of the activities so listed in Statement of Work during their tenure or for a period of one year thereafter. SUBRECIPIENT agrees to comply with Chapter 176 of the Texas Local Government Code and file Form ClQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIO, please review the information on the City Secretary's website at h ttp://www.cctexa s.co m/departments/city-secreta ry/conflict-disclosure/. SUBRECIPIENT is responsible for repayment of funds associated with any conflict of interest that may occur either knowingly or unknowingly. No CITY employee,elected official,consultant and/or agent shall solicit nor accept gratuities, favors, or anything of monetary value from any person, corporation, company, or association that has been hired or expects to be hired to perform any of the activities so described in the Statement of Work. 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 I,the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this AGREEMENT. SECTION XVIII Legal Action and Venue SUBRECIPIENT agrees to notify the CITY when a problem arises that may lead to legal action or claim against the SUBRECIPIENT.The SUBRECIPIENT agrees to furnish to the CITY any and all information with respect to such action or claim.The SUBRECIPIENT agrees not to take any action with respect to any legal action or claim sought against the SUBRECIPIENT without the advice and written consent of the CITY. Venue and jurisdiction of any suit, right or cause of action arising under or in connection with this AGREEMENT shall lie exclusively in Corpus Christi, Nueces County, Texas, where this AGREEMENT was entered into and must be performed. SECTION XIX Miscellaneous Provisions Conflict with Applicable Law. Nothing in this AGREEMENT shall be construed so as to require the commission of any act contrary to law, and whenever there is any conflict between any provision of this AGREEMENT and any present or future law, ordinance or administrative, executive or judicial regulation, order or decree, or amendment thereof,contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the affected provision or provisions of this FY19 ESG-CV The Salvation Army Agreement Page 10 of 35 AGREEMENT shall be modified only to the extent necessary to bring them within the legal requirements and only during the time such conflict exists. 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 purpose. No Waiver. No waiver by CITY of any breach of any provision of this AGREEMENT shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision hereof. Unless specified on Exhibit L("CARES"Act) or notice to grant waivers of and specify alternative requirements for statutes and regulations and administration in connection with the use of ESG-CV funds authorized by HUD. Entire Agreement. This AGREEMENT contains the entire contract between the parties hereto, and each party acknowledges that neither has made (either directly or through any agent or representative)any representations or agreements in connection with this AGREEMENT not specifically set forth herein. This AGREEMENT may be modified or amended only by agreement in writing executed by CITY and SUBRECIPIENT,and not otherwise. Texas Law to Apply. THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS,AND ML OBLIGATIONS OF THE PARTIES CREATED HEREUNDER ARE PERFORMABLE IN NUECES COUNTY,TEXAS. THIE PARTIES HEREBY CONSENT TO PERSONALJURISDICTION IN NUECES COUNTY, TEXAS. Notice. Except as may be otherwise specifically provided in this AGREEMENT, all notices, demands, requests or communications required or permitted hereunder shall be in writing and shall either be (i) personally delivered against a written receipt, or(ii) sent by electronic mail,or (iii) sent by registered or certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses set forth below, or (iv) sent by facsimile or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: If to CITY: If to SUBRECIPIENT: City of Corpus Christi The Salvation Army of the Coastal Bend Attn: Director Housing and Attn: Capt.Patrick Gesner, Community Development Commanding Officer 1201 Leopard Street, 2nd Floor 521 Josephine St Corpus Christi,Texas 78401 Corpus Christi,TX 78401 Phone: (361)826-3010 Phone: (361)884-9497 Fax: (361) 826-3005 Fax: (361) 884-7522 Email: rudvb@cctexas.com Email: patrick.gesner@uss.salvationarmv.org FY19 ESG-CV The Salvation Army Agreement pane 11 of 35 Each notice,demand, request or communication which shall be delivered or mailed in the manner described above shall be deemed sufficiently given for all purposes at such time as it is personally delivered to the addressee or, if mailed, at such time as it is deposited in the Unites States mail. Certificate of Interested Parties(Exhibit 1). SUBRECIPIENT agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this AGREEMENT. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/filinginfo/1295/. The form must then be printed,signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/filinginfo/1295/. (Your web browser must be at a minimum browser level: Chrome 4, Firefox 15, Internet Explorer 9, Opera 12.1, or Safari 4.) Copies of Rules and Regulations. Copies of some of the rules and regulations referenced in this AGREEMENT have been provided to the SUBRECIPIENT as evidenced by the SUBRECIPIENT'S ESG-CV Compliance Affidavit, which is attached to this AGREEMENT as Exhibit K and is incorporated into this AGREEMENT by reference. Any failure by the CITY to supply the SUBRECIPIENT with any other applicable laws, regulations, ordinances, rules, or policies not stated in Exhibit K does not waive the SUBRECIPIENT'S compliance there-with as required by law. Additional Documents. The parties hereto covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the terms of this AGREEMENT. Successors. This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,executors, administrators, legal representatives, successors, and assigns where permitted by this AGREEMENT. Assignment. This AGREEMENT shall not be assignable by SUBRECIPIENT. The CITY may assign this AGREEMENT without the consent of SUBRECIPIENT. Headings. The headings and captions contained in this AGREEMENT are solely for convenient reference and shall not be deemed to affect the meaning or interpretation of any provision or paragraph hereof. Gender and Number. All pronouns used in this AGREEMENT shall include the other gender, whether used in the masculine,feminine or neuter gender, and the singular shall include the plural whenever and as often as may be appropriate. Authority to Execute. The execution and performance of this AGREEMENT by the CITY and SUBRECIPIENT have been duly authorized by all necessary laws, resolutions or corporate action, and FY19 ESG-CV The Salvation Army Agreement pace 12 of 36 this AGREEMENT constitutes the valid and enforceable obligations of the CITY and SUBRECIPIENT in accordance with its terms. SECTION XX Participation in HMIS and Coordinated Access System SUBRECIPIENT agrees that projects receiving funding under Emergency Solutions Grants ("ESG- CV")program will participate in the Homeless Management Information System (HMIS). Section 416 (f) of the McKinney-Vento Act and HEARTH Act(24 CFR Part 580) requires that projects receiving funding under Emergency Solutions Grant(ESG-CV) program participate in HMIS pursuant to 24 CFR 576.107. SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG- CV are entered into the applicable community-wide HMIS in the area in which those persons and activities are located,or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data)and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provide to an HMIS. SUBRECIPIENT must report all client statistical data using the Sage HMIS Reporting Repository for CAPER submission. SUBRECIPIENT MUST ensure that all client data is entered into Sage and produce the statistical information required by HUD on program participants served with ESG-CV funds. SUBRECIPIENT will provide City their final statistical report no later than October 15,2021. SUBRECIPIENT shall work with the Continuum of Care to ensure the screening, assessment and referral of program participants are consistent with the written standards required by the CITY. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system as set forth in 24 CFR §576.400(d). SUBRECIPIENT shall coordinate and integrate,to the maximum extent practicable, ESG-CV funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community- wide system to prevent and end homelessness for the area as set forth at 24 CFR §576.400(b). System and Program Coordination with Mainstream Resources. The SUBRECIPIENT must coordinate and integrate, to the maximum extent practicable, ESG-CV funded activities with mainstream housing, health,social services, employment, education,and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible as set forth in 24 CFR§576.400(c). Participation of Homeless Persons in Policy-Making and Operations The SUBRECIPIENT understands they are required by federal rule to provide for the participation of at least one homeless FY19 ESG-CV The Salvation Army Agreement Paae 13 of 35 or formerly homeless person(s)in a policy-making function within the organization as required in 24 CFR §576.405. This might include, for example, involvement of a homeless or formerly homeless person on the Board of Directors or similar City that considers and sets policy or makes decisions for the recipient agency. If SUBRECIPIENT is unable to meet requirement, it must instead develop and implement a plan to consult with homeless or formerly homeless individuals in considering and making policies and decisions regarding any facilities, services, or other assistance that receive funding under Emergency Solutions Grant(E5G-CV). The plan must be included in the annual action plan required under 24 CFR 91.220. SUBRECIPIENT also agrees that to the maximum extent practicable,they will involve,through employment,volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under this AGREEMENT and in providing services for occupants of facilities assisted under this AGREEMENT as listed in 24 CFR §576.405 in accordance with 42 U.S.C. 11375 (c) (7) and 42 U.S.C. 11375 (d). SECTION XXI Effective Date The effective date of this AGREEMENT shall be March 1, 2020, such date being the date the City of Corpus Christi entered into this AGREEMENT with SUBRECIPIENT and shall terminate on the 30th day of September 2021. Executed in DUPLICATE originals to be effective as of the date first set forth above. ATTEST: City of Corpus Ch isti Gam... ,.41fl///) Rebe ca Huerta Keith Selman Secretary Assistant City Manager The Salvation Army,A Georgia Corporation for ATTEST: The Salvatio Army-C,- - :taI Bend (Corporate Seal) Name: ames K Seiler Title: sr MOCK star FY19 ESG-CV The Salvation Army Agreement Page 14 of 35 APPROVED AS TO FORM: 40810b. 4r %t, W. Kent N'fir Assistant City Attorney FY19 ESG-CV The Salvation Army Agreement Page 15 of 35 I The Salvation Army ESC Exhibits A-Statement of work B-I Grant Budget B-2 Payment Schedule • Page 16 of 35 The Salvation Army,Corpus Christi A-Statement of Work The Salvation Army will assist households affected by COVID-l9 and provide assistance under Homeless Prevention in the areas of Rental Assistance as well as Utility Assistance. Funding will ensure households are to remain housed during this time. Rapid Re-housing assistance will also be provided along with Food Pantry Assistance to ensure the community had additional food resources. Page 17 of 35 B-1 Grant Budget The Salvation Army, a Georgia Corporation-Corpus Christi, TX CITY ESG COVID 19 contract ESG CV 2020-2022 300,000.00 Emergency Shelter Food Pantry Food Pantry Worker 50% X 3 30,000.00 Food/Supplies 90.000.00 TOTAL 120,000.00 Homeless Prevention 50% Case Management plus fringe benefits 22,500.00 Utility Payment 27,000.00 Rental Short Term 3 Months 45,000.00 Rental Medium Term up to 24 Mo 55,000.00 TOTAL - 149,500.00 HMIS HMIS Software License 2.500.00 HMIS Data Intake Worker 10.000.00 HMIS Staff Data Analysis TOTAL 12,500.00 Administrative Program Manager 5,000.00 Finance Supervisor 5.000.00 Book Keeper 8,000.00 TOTAL 18,000.00 Zero Match Page 18 of 35 The Salvation Army EXHIBIT B-2 PAYMENT SCHEDULE Estimated Emergency Homelessness For the Months of... Amount of Shelter Prevention Rapid Re-housing Expenditures March 2020 $25,000 10,833.33 $14,166.66 April 2020 $25,000 10,833.33 $14,166.66 May 2020 $25,000 10,833.33 $14,166.66 June 2020 $25,000 10,833.33 $14,166.66 July 2020 $25,000 10,833.33 $14,166.66 August 2020 $25,000 10,833.33 $14,166.66 September 2020 $25,000 10,833.33 $14,166.66 October 2020 $25,000 10,833.33 $14,166.66 November 2020 $25,000 10,833.33 $14,166.66 December 2020 $25,000 10,833.33 $14,166.66 January 2021 $25,000 10,833.33 $14,166.66 February 2021 $25,000 10,833.33 $14,166.66 TOTALS 300,000 130,000 170,000 NOTE: Payment requests must be submitted monthly by the 15th. If no payment request will be submitted by the 15a`of any given month,Agency MUST notify CITY. Page 19 of 35 EXHIBIT C Schedule of Activity SUBRECIPIENT hereby agrees to perform services as outlined in Exhibit A. A proposed monthly schedule of activity should be provided in this space. Schedule should not exceed SUBRECIPIENT contract time frame of 12 months from contract date. 2018-2019 Number of Services For the Months of... Beneficiaries March 2020 550 ESG, HP April 2020 550 ESG, HP May 2020 550 ESG, HP June 2020 550 ESG, HP July 2020 550 ESG, HP August 2020 550 ESG, HP September 2020 550 ESG, HP October 2020 550 ESG, HP November 2020 550 ESG, HP December 2020 550 ESG, HP January 2021 550 ESG, HP February 2021 550 ESG, HP Total Unduplicated 6600 Page 20 of 35 EXHIBIT D RECORDS& REPORTS SUBRECIPIENT must maintain all records and reports submitted to the City for a period of five years. Period of record retention. All records pertaining to each fiscal year of ESG funds must be retained for the greater of 5 years from final ESG payment, or the period specified below.Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. (1) Documentation of each program participant's qualification as a family or individual at risk of homelessness or as a homeless family or individual and other program participant records must be retained for 5 years after the expenditure of all funds from the grant under which the program participant was served; (2) Where ESG funds are used for the renovation of an emergency shelter involves costs charged to the ESG grant that exceed 7S percent of the value of the building before renovation, records must be retained until 10 years after the date that ESG funds are first obligated for the renovation; and (3) Where ESG funds are used to convert a building into an emergency shelter and the costs charged to the ESG grant for the conversion exceed 75 percent of the value of the building after conversion, records must be retained until 10 years after the date that ESG funds are first obligated for the conversion. SUBRECIPIENT must participate in the Housing Inventory Count (HIC) and the Point-In-Time(PIT) data collection. SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data)and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. Page 21 of 36 EXHIBIT E REQUEST FOR PAYMENTS A. Matching Funds 24 CFR 576 requires that each grantee and/or SUBRECIPIENT must match the funding provided by HUD under 24 CFR 576 with an equal amount of funds from sources other than under Part 576.SUBRECIPIENT must include documentation to support source of match, with each request for payment, be with either cash,volunteer time, in-kind, office space, or donations. Failure to submit match source documentation,will be cause for City to refuse payment request. Please refer to matching requirements for more information. The requirements for matching ESG funds are described in section 576.201 of the ESG Interim Rule, and the requirements for documenting matching contributions are described in section 576.500(o). B. Insurance.SUBRECIPIENT must submit copy of a current Certificate of Insurance at least ten (10) days prior to any expenditure of ESG funds by the SUBRECIPIENT. Certificate of Insurance must cover the period of funding agreement, and meet all requirements stated in Section XV and Exhibit H of this AGREEMENT. Failure to timely submit Certificate of Insurance will be cause for CITY to refuse payment request. C. Payment Request Checklist: For Each payment reimbursement, please provide the following: • Signed cover letter summarizing the reimbursement for each funded activity Detailed Summary of Costs Breakdown • Copies of Invoices and/or receipts • Copies of cancelled checks responding to invoices and/or receipts • Other Supporting Documents as requested by CITY NOTE: Payment requests must be submitted to the CITY by the 15th of each month. ESG funds may be recaptured by the CITY if SUBRECIPIENT fails to expend funds timely and future funding requests may be affected. 1. SUBRECIPIENT must submit a complete monthly reimbursement requests as approved on the Schedule of Payment hereto attached as Exhibit 13-2 the "Schedule of Payment")due on or before the 15th of each month. 2. SUBRECIPIENT must inform the CITY in writing if the reimbursement request will not be submitted by the due date. 3. The CITY will return incorrect and/or incomplete reimbursement requests to SUBRECIPIENT as soon as possible and note which corrections need to be made or additional documents needed. Please note that this may delay payment reimbursement. Pave 22 of 35 EXHIBIT E(coned.) 4. SUBRECIPIENT must resubmit a Payment Request Cover Letter with revised or additional documentation as requested by the CITY, no later than 5 days from notification by the CITY. 5. SUBRECIPIENT must submit FINAL reimbursement request to the CITY 30 days prior to expiration date of AGREEMENT. 6. SUBRECIPIENT must submit all required documentation as stated on the City Reimbursement Checklist. 7. Should the SUBRECIPIENT fail to comply with timely submittals of monthly reimbursement requests the CITY may consider termination of the SUBRECIPIENT AGREEMENT as per Section XII "Suspension and Termination." 8. All reimbursement requests and reports submitted to the CITY must be originals signed with blue ink. Documentation must be neatly organized per the Summary of Costs Breakdown provided with each reimbursement request and documents must be legible. 9. Reimbursement requests may be sent via e-mail in pdf format(color). 10. Reimbursement requests are processed by the CITY on a first come first serve basis, providing all support documentation is submitted. 11. Payments to SUBRECIPIENT will be mailed, unless SUBRECIPIENT notifies the CITY in writing the name of individual who will be authorized to pick up checks. 12. Checks will be available 30 days from the date the reimbursement request is submitted the CITY providing all required documentation has been submitted to the CITY. 13. Checks may be delayed if required documentation is not provided to the CITY. 14. As per Section IV of this AGREEMENT,the CITY Monitoring Division will conduct on-site monitoring visits to ensure compliance with applicable Federal requirements-are being met for ESG funds expended. Pave 23 of 35 EXHIBIT F Other Federal Requirements 24 CFR 576.407 (a) General. The requirements in 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u,and implementing regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with §576.405(c). (b)Affirmative outreach. The recipient or SUBRECIPIENT must make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the recipient or SUBRECIPIEN7 intends to use to make known the availability of the facilities, assistance, and services will to reach persons of any particular race, color, religion, sex, age, national origin,familial status, or disability who may qualify for those facilities and services,the recipient or SUBRECIPIENT must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The recipient and its SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance,services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, recipients and SUBRECIPIENT are also required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons. (c) Uniform Requirements. The requirements of 2 CFR Part 200 apply to the recipient and SUBRECIPIENT, and: (1) Program income may be used as matching contributions, subject to the requirements in §576.201; (2) The disposition of real property for which ESG funds are used for major rehabilitation, conversion, or other renovation under §576.102 is governed by the minimum period of use requirements under §576.102(c). (d) Environmental review responsibilities. (1)Activities under this part are subject to environmental review by HUD under 24 CFR part 50.The recipient shall supply all available, relevant information necessary for HUD to perform for each property any environmental review required by 24 CFR part 50. The recipient also shall carry out mitigating measures required by HUD or select alternate eligible property. HUD may eliminate from consideration any application that would require an Environmental Impact Statement (EIS). (2)The recipient or SUBRECIPIENT,or any contractor of the recipient or SUBRECIPIENT, may not acquire,rehabilitate,convert, lease, repair,dispose of,demolish,or construct property for a project under this part,or commit or expend HUD or local funds for eligible activities under this part, until HUD has performed an environmental review under 24 CFR part 50 and the recipient has received HUD approval of the property. Page 24 of 35 EXHIBIT F(coned.) (e) Davis-Bacon Act. The provisions of the Davis-Bacon Act(40 U.S.C. 276a to 276a-5) do not apply to the ESG program. (f)Procurement of Recovered Materials. The recipient and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Page 25 of 35 EXHIBIT G 2 CFR Part 200 FINAL GUIDANCE PUBLISHED BY THE MANAGEMENT AND BUDGET(OMB) OFFICE ON 12/26/2013 EFFECTIVE DECEMBER 26,2014. AUDITS,ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES OF STATES, LOCAL GOVERNMENTS,AND NON-PROFIT ORGANIZATIONS 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Guidance supersedes, consolidates eight(8)grant related circulars into a uniform regulation applicable to all grant recipients. A-21 A- 110 A-87 A- 122 A- 89 A- 133 A- 102 A-50 To view Notice SD-2015-01 Issued by the U.S. Department of Housing and Urban Development, please visit the following link: www.hudexcha nge.info/resources/documents/Notice-DC-2015-01-Transition-to-2-CFR-Part-200- Guidance.pdf Page 26 of 35 EXHIBIT H 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 (I)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 $300,000 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 I O days of the accident. IT 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 fur the duration of this Contract, and any extension hereof, at Contractor's sok 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 27of 35 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-renewal, 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 an 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 28 of 35 4 , • ' ' EXHIBIT I goP 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 ❑ 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 lob 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 :he 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 29 of 35 EXHIBIT I (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 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: Kuarti� (Zajw.e✓ 1 L c� \eXG�S \J (,A vxnwta�l F✓ (Type or Print) Signature of Certifying OF Date: Person: dm -- 0`ilt7 IZO d 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 30 of 35 EXHIBIT I(cont'd.) 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 31 of 35 EXHIBIT K Subrecipient's ESG Compliance Affidavit STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WtUfeES- § Date: 20 z0'11211 o Affiant: The Salvation Army, a Georgia Corporation-Corpus Christi, TX Emergency Solutions Grant Subrecipient Affiant, on oath, swears the following statements are true: I, Ro%,hie .....0.1 kyle y , am the Te'vciS N\,i516,10 ComniaAci-e.- (title) of --t'hz Sa(vcj-i'o- A,-,,,,./ , a Texas nonprofit corporation, which has applied for and been awarded Emergency Solutions Grant ("ESG") Program funds administered by the City of Corpus Christi ("City"). Prior to the start of the project for which ESG 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: 2 CFR Part 200 24 CFR 570 and 576 41 CFR 60.1 and 60.4 By execution of this affidavit, I attest that I have received the above-listed Federal rules and regulations, City staff has explained the rules and regulations, 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 to and with which the Subrecipient must comply, in accordance with Federal laws. By: 4 iii --.702.(.-}SWORN TO AND SUBSCRIBED before me this the `? day of ( , . NICKY ROBERTS 1 My Notary ID#8335679 G` �e, C _;;„'`,�,+<=(se apiresJanuary 11,2021 Notary Public, State f exas ARMY CCESG COVID 19 Exhibit K-Compliance Page 1 of 1 Page 32 of 35 EXHIBIT L EMERGENCY SOLUTIONS GRANT(ESG) CARES ACT: Updated 4/13/20 While there are still many items to define under the CARES Act, here is what we know based on the language provided,specifically for ESG: The recently approved CARES Act(Coronavirus Aid, Relief, and Economic Security Act) includes $4 billion in support of Emergency Solutions Grants(ESG). These funds will be provided by HUD to state, county, and city entities in phases:the first phase aligning with historic percentage allocations across the country and the second phase producing allocations based on a coronavirus(COVID-19) needs formula that is yet to be defined. • While there are still many items to define under the CARES Act, here is what we know based on the language provided, specifically for ESG: • Expenditure deadline is 9/30/2022 • "Very-Low Income" is considered eligible if at risk of homelessness and can receive homeless prevention (50%area median income or less)—this income eligibility also extends to homeless households • Costs incurred prior to Act are covered (no specific date set) • Recipients can deviate from historic procurement standards • No match required • No spending caps (i.e. percentage for emergency shelter) • All temporary shelter costs are supported (and no required environmental review for these) • 10%admin cap, but staff training, hazard pay, or any staff pay directly related to preventing or addressing COVID-19 does not have to be paid by admin • 1%of funds will be for new grants or increases to existing awards for technical assistance providers • No requirement for treatment or any other prerequisite for services • Any waivers sought and supported are applicable retroactive Pave 33 of 35 HUD Waivers -CARES Act funds and current ESG funds (2019-2020) On 4/1, HUD released a set of available waivers for recipients to request under HUD CoC, ESG, HOPWA, and Consolidated Planning. Below are the waivers the City requested from HUD for ESG which are effective 4/4/20,followed by a table of necessary documentation for client files. 11. ESG Program-Re-evaluations for Homelessness Prevention Assistance • Current Regulation:The ESG regulations at 24 CFR 576.401(b) requires recipients or subrecipients providing homelessness prevention assistance to re-evaluate the program participant's eligibility, and the types and amounts of assistance the program participant needs not less than once every 3 months. • Waiver:The required frequency of re-evaluations for homelessness prevention assistance under section 576.401(b) is waived for up to 2-years beginning on the date of this memorandum,so long as the recipient or subrecipient conducts the required re-evaluations not less than once every 6 months. • Impact for ESG;Until further notice,grantees and subgrantees who provide homelessness prevention support must complete required re-evaluations at least once every 6 months as opposed to one every 3 months. 12. ESG Program-Housing Stability Case Management • Current Regulation: Program participants receiving homelessness prevention or rapid re- housing assistance must meet with a case manager not less than once per month, unless certain statutory prohibitions apply. • Waiver: Waiving the monthly case management requirement for two months beginning on the date of this memorandum will allow recipients to provide case management on an as- needed basis and reduce the possible spread and harm of COVID-19. • Impact for ESG:The City still encourages monthly contact with programs participants as feasible but recognizes the waiver afforded by HUD for the next two months(until 6/1/20)and supports grantee discretion in application of this waiver. 13. ESG Program-Restriction of Rental Assistance to Units with Rent at or Below Fair Market Rent(FMR) • Current Regulation:Restriction of rental assistance to units with rent at or below FMR. • Waiver:The FMR restriction is waived for any individual or family receiving Rapid Re- housing or Homelessness Prevention assistance who executes a lease for a unit during the 6-month period beginning on the date of this memorandum.The ESG recipient or subrecipient must still ensure that the units in which ESG assistance is provided to these individuals and families meet the rent reasonableness standard. • Impact for ESG:The City supports the FMR waiver language provided by HUD for the next 6 months(until 10/1/20).However,grantees must demonstrate rent reasonableness. Rent reasonableness that supports units above 120% FMR. Please reference the 120% FMR chart provided by the City for additional guidance. Page 34 of 35 Waiver No. Requirement Suggested Client Level Documentation* 11 Re-evaluations for 1)A note in the files of affected Homelessness Prevention clients;2)and documentation Assistance demonstrating compliance with 24 CFR 576.401(b) the 6-month requirement. 12 Housing Stability Case A note in the files of affected Management 24 CFR 576.401(e) clients. 13 Restriction of Rental Assistance 1)A copy of the lease clearly to Units with Rent at or Below displaying the date of execution; FMR 2)a note to file noting the date 24 CFR 576.106(d)(1) of this memo and its application to the clients lease;and 3)a completed rent reasonableness analysis. Page 35 of 35