HomeMy WebLinkAboutC2022-260 - 7/26/2022 - Approved DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
2022
EMERGENCY SOLUTIONS TSP (ESG)
SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI AND
THE SALVATION ARM OF THE COASTAL BEND
This agreement (hereinafter"AGREEMENT") is made and entered into on this the
10th day of 7anuary 2023, 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, SUBRECIPIENT desires to carry out eligible activities as described in the
Statement of or attached hereto as Exhibit A(the 'Statement of Work"), and permitted by
the Federal Register/Vol. 76, No. 233/Ru les 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
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 fort e 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 is 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
Emergency Solutions Grants Program ("ESG") activities CFDA No. 14.231 to be carried out by
SUBRECIPIENT pursuant to 24 CFR Parts 91 and 576 and other requirements, regulations 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 funds,
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SECTION 10
Statement of Work
SUBIRECIPIENT agrees to perform services as outlined in Exhibit A- Statement of Work,
of this AGREEMENT for and in consideration of ESG funding in'the amount ofLk00,Q ,.Q_Q,
enumerated in Exhibit 8-1 (the "Grant Budget") and Exhibit B-2 (the "Payment ScheduIe").
SUBRECIPIE T agrees to notify the CITY,'in-wi''"iflof,prior to any chafing t
nges in is Statement
of Work, the Grant Budget, the Payment Schedule and the Schedule of Activity attached hereto
as Exhibit C (the "Schedule of Activity"), SUB RECIPIENT shall obtain: appr,ovalJn..w, !L(*Lng,from
the CITY prior to commencing work on any changes made to the Statement of Work, the Grant
Budget, the Payment Schedule and the Schedue ofActivity.
CITY shall not be liable for costs incurred or performances rendered by SUBRECIPIENT
before cornet nccament of this AGEE MENTor after termination of this AGREEMENT,
SUBRECIPIENT agrees to follow the schedWe outlined in the Schedule of Activity of this
AGREEMENT, and shall notify the CITY, App anrritlp prior to any changes, delays or departures
frorn the Schedu le of Activity. If SUBRECIPIENT demonstrates that delays or departu re frorn
the Schedule of ActMty is due to circurnstances beyond its control,the CITY and SUBRECIPIENT
rnay (but:the Cty shaH not be required) amend the Schedule of Activity,
SECTION III
Records and Reports
SUB RECIPIENT 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 CIT'Y, 11UD, and any other local, state or federal
entity or,authority that may exercise jUrisdiction over ESG funds. SUBRECIPIENT shall maintain
records as per 24 CFR 576,500. SUBREC*IPIENT'shall retairall program records for a period of
-five (5) years frorn final ESG payment.
SUBRECIPIENT must develop and implement written procedures to ensure: (i) AH
records Corl taining personal Wentifying inforniatlon (as defined in HUD's standards for
participation, data collecflorr, and reporting in as local HIMIS) of any individual or farnily who
apphes for and/or receives ESG Assistance will be kept secure and confidenflal; (ii)"The address
or location of any domestic violence, dating violence, or stalking shOter project assisted under
the ESG will not be made public, except with written aud"mrization of the person responsible for
the operation of that shelter; and (iii) The address rare location of any housing of a program
parflcipant will not be rnade public, except as provided under as preeXiSting privacy F.)olicy of
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the SUBRECIPIENT and consistent with state and local laws regarding privacy and obligations of
confidentiality. The confidentiality procedures of the SURRECIPIENT unust 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 OT' .
SUBRECIPIENT agrees that the CITY shaH conduct on--site monitoring visits at Wst
annually to, aSSUre compliance with applicable Federal requirements and that performance
goals are being achieved, if applicable, as per 2 CTR 200328 (a). After each monitoring visit,
the CITY shall provide SUBRECIPIENT with a written repart of the monitor's findings.
If the monitoring reports note deficiencies in SUBRECIPIEN'll"S performance under the
terms of this AGREEMENT, the monitoring report shall im:,,lude, requirernents for the timely
correction of such deficiencies by no later than thirty (30) days of'the date o;af 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 X11 of this
AGREEMENT.
In addition, SUBRECIPIENT shall give M), 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 bor oks, accounts, records, reports, files, and other
papers, things, or property belonging to or in use by SUBRECIPIENT pertaining to ths
AGREEMENT.
SECTION V
Payment Requests and Program Income
SUS RECIPIENT agrees tofoHow administrative directions from the CITY regarding
dOCUmenflng and processing payment requests as defined in the Requests for Payments
attached hereto as Exhibit E (the "Requests for Payments") of t[fis AGREEMENT.
SUBRECIPIENT shall submit final reirribursernent request to the CITY within 30 days (by
Ste l&ff be.Lj,2024) of the AGREE MEIS Ttermination date.
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SUBRECIPIENT and CITY agree that if applicable, program income generated from the
use of ESG funds shall be retained by the SUBRECIPIENT. if the activity is partially assisted with
ESG funds, the SUBRECIP:IENIT agrees to prow rate the gross income to reflect the percent of ESG
funds assisted in the activity,
SUBRECIPIENT is to provide to the CITY by the third Wednesday of each month an
accounting of prograrn inclorne outlined in the Records and Reports. The CITY is tiler) required
to report all ESG prograrn income earned, retained, and expended.
SUBRECIPIENT shaM be allowed to use program income for the sarne or sirndar eligible
activities that generated the program incorne. Failure of the SUB RECIPIENT to report prograrn
incorne as required shalt cause the CITY to require all prograrn income to be recovered by the
CITY.
SUECIPIENT and the CITY agree that all unused ES G funds at the end or tervninatiW)
of this AGREE MENS"swill be reallocated or reprograMmed by the CITY. Refer to Exhibit E for
more detail.
SECTION V1
Matching Funds
SUBRECIPIENT must match 100%the funds provided by the aryWith an equM amount
of funds from other appropriate resources in this AGREEE MENT'as set forth in 24 UR §576.201_
Eligibility of matching fund sources shall be subject to review and approval by the CITY.
In the event the CITY determines-that the SUBRECIPIENT'S match funds are not ill
roniphance with HUD regulations, policies, or directives, the CITY may, in its sale discretion,
reduce the total furiding amount set forth in an wriount proportionate tothe ineligible match
funds, The requirements for matching ESG funds are described in section 576-201. of the E
Interim Ride, and the requirements for documenting matching contributions are described In
-section 24 CFR 576.500(o).
SECTION Vll
Lead Based Paint
Lead Based Paint reguations require that all owners, perspective owners, and tenants
of properties constructed prior to 19"78 be propel V 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 Wd-based
paint poisoning.
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Lead-based Paint Remediation and Disclosure. The SUBRECIPIENT niust comply with
the Lead-Based Paint Poisoning Prevention Act (42 U.S, 4821-4826), the Residential Lead-
Based Paint Hazard Reduction Act of 1992 (42 US.C. 4851-4856), and implementing regulations
found at 24 CFR Part 35, subparts A, 8, E1,J, K, M and R with regard to all shelters assisted
Linder ESG program and aH housing occupied by program participants,
SUBRECIPIENT may not use ES funds to help a program participant rernain or rnove
into housing that does not meet the rninimurn habitability standards provided in 2A. CFR
§576,403 (b), (c), (1-10), SUIBRECIPIEN"r must compietea Lead-Based Paint ViSUA assessrnent
on 0 units being assisted with ES G 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 Vill
Religious Activities
SUB RECIPIENT and the CITY both of 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 budding or,structure funded under this AGREEMENT be used for sectarian or
religious activities. If an entity conducts these activities, the activities rnust be offered
separately, in time or location, from the programs or services funded underSG, and
participation must be voluntary for program participants as described in 24 CFR 57&406.
SECTION M
Other Program Requirements
SUB RECIPIENT a8rees 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 provisioris of 24 CFR part 58. 4-1 general, the revisions to
the section on r,Other Federal Req uirernents" clarify the degree to which certain requirernents
are apphcable, rernove certain requirements that are redundant or, moved elsewhere in the
rule for, improved organizational purposes, and change certain requirements to car-respond
with changes in the McKinney-Vento Act or other changes made by this interim rule, (Please
see Exhibit F attached hereto and incorporated herein for all purposes),
SECTIONX
Uniform Administrative Requirements
SUB RECIPIENT must comply with the requirements and standards 'irriplemented in 2 CFR
Part 200, "Uniform Advninistrative ReclWrements, Cost Principles and Audit Requirements,for
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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 arinually.
SUBRECIPIENT shall comply with 'the proviislons in 2 CFR Part 200 or the related E
pr Orions, as specified in the Other Federal Requirements attached hereto as stated in Exhibit
F (the "Other Federai Requirernents") and any subsequent amencirnents thereto.
SECTION M
Audit Requirements
S,UBRECIPIENT agrees to comply with the applicable requirements arid standards as set
Birth in 2 UR 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 frorn the audit requirements implemented in 2
CFR part 200 for that year exce,pt as rioted in 2 CFR §200.503; however, records must be
avaHaWe for review or audit by appropriate officiais of HUD, tile CITY and the General
Accountability Office.
However, if SUBRECIPIENT expends Seven Hundred Fifty Thousand lIW5
($750,000.00) or more in federal funds, SUBRECIPIENT niust, within nine (9) months from the
end of its fiscal year, supply the CITY with an audit of revenues and expenditures conductread 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 CM with a current Financial Management Letter
(financial statements) within six (6) moriths 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 falls to submit a
Financial Management Letter.
SUBRECIPIENT is required to submit a 990 Tax Return (Return of Organization Exempt
from Inco me 'rax) for the most recent fiscal year within six (6) months if submitting a Financial
Management Letter or within nine (9) months H submitting a Financial Audit, If the
SUBRECIPIENT is not classified as exempt, the SUBRECIPIENT will not be awairded grant funds
SUBRECIPIE, T is required to submit 941 Ernployer's QUARTERLY Federal 1"'ax Return
reports,
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if applicable, SUBRECIPIENT agrees to cooperate with the CITY relating to any inquiries
regarding the Financial Audit or Financial Management Letter and SUBRECIPIENT acknowledges
that a, Financial Audit or Financial 'bans gern ent Letter shall be provided to the CITY at the
expense of the SUBRECIPIENT.
Financial Audit or 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
200.3�31 and 2 (1-1=R 200336
SECTION X11
Suspension and Termination
Termination For Cause, SUBRECIPIENT understands that this AGREEMENT maybe
terminated, in accordance with 2 CFR 200339, 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(.)f 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 Acflvitly attached hereto as Exhibit C(the "Schedule of
Activity"), the Records & Reports attached hereto as Exhibit D (the "Records & Reports"), the
ReqUestfor Payrneni's 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, St ECIPIENT understands that all remedies for non-compliance
pursuarit to 2 CFR 200.338 may be utilized if the requirements of this AGREE MENT are not
foHowed.
Termination For Convenience, The CITY may terminate this Agreement in wh0p- or in
part:for Convenience upon ten (10) days written notice to SUBRECIPIENT. -rhe termination for
convenience shall be effective upon SURRECIPIENT'S rec�eipt of the Notice of Termination for
Convenience.
SUBRECIPIENT agrees to follow all the requirements under 24 CFR 57(50 02 when
terminating assistance on a program participant, If a pro rare participant violates program
requirements, the recipient or SUBRECIPIENT maiy terminate the assistance in accordance with
a formal process established by the recipient orr SUBRECIPIENT that recognizes the rights of the
individuals affected.
SUBRECIPIENT must document the determination of ineligibility for each individual or
fanflly determined ineligUe as required in 24 CFR 576,500. The record roust include
docurnentaflon of the treason for that determination.
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It is expressly agreed that this AGREEMENT may not be amended except upon the joint
action of both the CITY and SURRECIPIENT.
SECTION X111
Assets
SUBRECIPIENT.shail not purchase any asset unless so permitted by the Wy and such
procurement shall dab clone in the form and rnanner so, prescribed by the CITY,
Any asset acquired or improved in part or in whole vvith (,,,SG funds must be used in an
activfty that meets one of the national objectives listed in 24 CFR Part 91. and 576,
The disposition of any asset irnproved or acquired in part or in whole %tfth El:SG 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 arnount oaf 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 usecl to rneet one of the nabovial objectives or in any case where the SUBRECIPIENT no
leanger provides services shown on the Statement of Work
SEL71ON XIV
Use of Emergency Shelter
If SUBRECIPIENT uses EEG funds for operaflon and maintenance costs, SUBRECIPIENT hereby
agreestea maintain the shelter for the horneless for the period for which assistance is being
provided for the sarne targeted popiflation. For,the purposes of this AGREEMENT, such flme
period shall be frorn'the date the AGREEMENT is executed to its expiration, as identified in
Section XXL
SECTION XV
Indemnity Clause& Insurance Provisions
A) SUORKIPIENT covenants and agrees that it will indemnify and hold the City, its
elected officials,officers, agents and'employees harmless from, and against all claims,
demands, actions, damages, losses, costs, Hobilities, expenses, andjudgments recovered from
or asserted against the Ciy, it's elected officials, pfficers, agents or employees on account of
injury or damage to persons or property fincluding, without limitation ofn the foregaing,
workers'compensation, death, and premises defects) to the extent any such inJury o,r damoge
may be in ident to, arise out pt, or be caused, either proximately or"'iemately, wholly or in
part, by an act or omission, negligence, or,misconduct on the pan of the City, its officers,
employees, or agents('Mdemnitees"), arting pursuant to this AGREEMENT and with or
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vvithout the express or impfied invitation or permission of the S,UBREOPIENT, or oil the part of
the SUBRECIPIENr 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 SUBREOPIENT, or when
any such injury or damage is the result, proximate or reonate, wholly or in part of the
violation by Indemnitees, the SUBREOPIFENT or any of its agents, servants, employees,
contractors, patrons, guests, licensees, or invirees of any low, ordinance, or governmental
order of any kind, or when any such injury or damage may in ony other way arise from or out
of the use or occupancy of the facilities by Indemnitees, the SUBREOPff NT or any of its
agents, servants, employees, contractors, patrons, guests, ficensees� or invitees, including, but
not limited to, the failure of the SUBRECIPIENT to mointain the Facilities.
(0) These terms of indemnification are effective upon the date of canon of this
A GREEMPVT and whether such initify or,damage may resent fraena the contrib�utory negligence
or concurrent negligence of lndemnitees,, but not if such iojurV or damage may resuitfro m the
sole negligence or willful misconduct of Indemnitees.
(C) The SUBRECIPIENT covenants and agrees that, in case the City is made as party to any
litigation against the SUBREOPIENTor ita any litigation commenced by any party other than
the SUBRE'OPIFNT relating to this AGREE MENT, the SUBRECIPIENT shall, upon receipt of
reasonable notice regarding commencement ref litigation and at its own expene, investigate
all claims and demands, attend to theirsettlement or other disposition, defend the City, it's
elected officials, officers and employees 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, arjudgments.
(D) The indemnification provisions of this section survive the termination or expiration of
this AGREEMENT.
(E) SUBRECIPIEN"r shall maintain in full force and effect, throughout the term of this
AGREEMENT, insurance that comphei with the staridards k'i Exhibit H, a copy of which is
attached to this AGREEMENT arid incorporated in this AGREEMENT by reference. A certificate
evidencing the SUBREOPIENT'S provision of rnsurarice must be provided to the City's Risk
Manager ("Risk Manager") a:rid the CITY at @east ten (10) days p6or to any expenditures of ESG
funds by the SUBRECIPIENT, Failure to maintain any of the types and firnits of'the insurance
reqtlifred by Exhibit H is causefor the City Manager to terminate this AGREE MENTand caricel
ariy and aH reimburserrents of E funds to the SUBRECIPIENT.
(F) SUBRECIPHENT shAl reqUire its insurance cornpanies, wrtten poNdes, and certificates of
insurarice to provide that the City must be given thirty (30) days advance notice by the insurer
prior to cwiceflafion, nonrenewal, or rmiterial charm of the insurance policies required by
Exhibit H.
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(G) CITY'S Risk Manager retains the right to re-evaluate the insurance requirements dUring
the terra of this AGREE MENS"and adjust the types and limits of such insurance upon thirty(30)
days written notice to SUBRECIPS ENT. lrisurance types and limits may not be adjUsted more
frequently than once a year',
SECrION XVI
Procurement
SUBRECIPI ENT agrees to follow the statues and reales governing the CITY in the
procurement of services, supplies or non-real property in relation to CITY-funded projects. The
legal standard's 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 ESG applicable requirements covered in this
AGREEMENT. Procurernent by the SUBRECIPIENT must foHow 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 pcflicy and 2 CFR part 200, concerning the
purchase of equiprvient and shall rnaintain inventory records, of all non-expended personnO
property as defined by such policy as may be procured v%rith funds provided herein.
SECTION XVII
Conflict of Interest
SUBRECIPI ENT covenants that rnernbers of its organization or,staff members who
exercise influence on the decision-ma in process "till 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.
SUBRE "IPI ENT agrees that no person who is an elected official, officer, director,
em&yee, consultant, or agent of the SIS BRECIPIENT's organization or the CITY's organization
shall &n 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 "rexas Local Government Code
and file Form ClQ with the City Secretary's Office, if required. For more information and to
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determine if you need to file a Form 0Q, please review the information on the City Secretary's
website at b_q , /A i�yw., ctg2cgM/ e Firnen. c -se ( tare conflict-disclo.2L, C
SUBRECII ENT is responsible for repayment Of funds associated with arky conflict of
interest that may occur either knc)wingly or unknowingly.
No CITY ernployee, 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 Staternent of'Work,
In compliance with Section 2-349 of the City's Code of Ordinances, the SUBRECIPIENT
shall complete the Uty's Disclosure of Interests form, which is attached to this AGREEMENT as
Exhibit 1, 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 iead to Legal
action or,clairri against the SUBRECIPIENT. The SUBRECIPIENTagrees 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 cUrn sought against the SUI BIREUPIENT without
the advice and written consent of the CITY.
Venue acrd 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 XD(
Miscellaneous Provisions
Conflict with Applicable Law. Nothing in this AGREEMENT shall be construed so as to
require the cornMission 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 Ate "I"shall be modified only to the extent necessary to
bring then') within the legal requirements and only during the tirne such conflict exists.
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VAOI, 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, su�bdivision, 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 fUU force and effect for its purpose,
No Waiver. No waiver, by CUTY of any breach, of any provision of this AGREEMENT Miall
be deen,iedto be a waiver of any preceding or succeeding breach of the same Or any other
provision hereof.
E!311re AL
Kegment. This AGREEMENT contains the entire contract between 'the parties
hereto, and each party acknowledges that neither has rnade (either directly or thrOUgh any
agent or, representative) any representations or agreements in connection with this-
AGREEMENT not specifically set forth herein. This AGREE MENI' may be modified or amended
only by agreernent in writing executed by CITY and SUBRECIPIENT, and riot otherwise,
Iex as Law to Apply. THIS AGREEMENT SFIALL BE CONSTRUED U N DE R ANCA IN
ACCORDANCE VVITFITHE LAWS OF"r EµSTATE OF TEXAS, AND ALL OBLIGATIONS OF THE
PARTIES CREATED HEREUNDER ARE PERFORMABLE IN NUECES COUNTY, TEXAS, TIME PAR-I-IES
HEREBY CONSENT TO PERSONAL JURISDICTiON M NUECES ICOUNTY, '"TE XAS,
Notice. Except as may be otherwise specifically provided in this AGREEMENT, all
notice�, demands, requests or,communications required or plermitted hereunder shafl be in
Wrriflng and shall either be (i) personally delivered against a written receipt, or (ii) sent by
electronic ma0, or (iii) sent by registered or,certified mail, return receipt requested, postage
prepaid ancl addressed to the parties at the addresses set forth below, or (N) sent by facsimile
or at suich other addresses as May have been theretofore specified by written notice delivered
in accordance hare wrthr
If to CITY: If to SUBRECIPIENT:
City of Corpus Christi The Salvation Army of the Coastal Bend
Attn: Linda Stewart, Director Attri-I Maj, Russeil Czajkowski,
Neighborhood Services Department Commanding Officer
1201 Leopard Street, 2nd Floor 1802 Buford St
Corpus Christi, exas 78401 Corpus Christi, TX 78404
Phone: (361) 826-3862 Phone: (361.) 884-9497
Fax: (361) 826-3005, Fax: (361) 884-7522
ErriaiI1-in LlgQQLcE.Iqxas.cum Emaik rus OI §1),rjkQ
—----- SL
Each notice, dernand, request or commUnication which shall be delivered or, rnailed in the
manner described above shall be deerned sufficiently given for aH purp�oses at such time as it is
PY22 FSG Salvation Army Agreement Page 12 of 16
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
personally delivered to the addressee or, if maded, at such time as it is deposited in the Unites
States mail.
Certificate of Interested Parties. Sly BRECIPIENT 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 Comission at
ttLt.P_:_s.1LyyWL-_ej h i cs.state.tX.!LsjfLfinnfo 1 5 ous
p�i
rm must then be printed, signed,
_JL�Lj, The f
notarized and filed with the City. For more information, please revlew the Texas Ethics
COMMission Rules at:hjtI2 brow
ethics.5tate. x.Lj nfo (Your web ser must
I.—LSIR Linz i
be at a minimum browser level: Chrome 4, Firefox 15, Intemet Explorer 9, Opero 12.1, or Safari
4)
C-9pies of Rules and ulgLi"n, Copies of sorne of the rules and regulations
referenced in this AGREEMENT have been provided to the SUBRECIPIENT as evidenced by the
SUBRECIPI ENT'S ES(:i Cornpiliance Affidavit, which is attached to this AGREEMEN'Tas Exhibit J
and is incorporato!d intoe this AGREEMENT by referenc:e, Any failure by the CITY to supply the
SUBRECIPI ENTwith any other applicable laws, regulations, ordinances, rules, or policies not
stated in Exhibit J does not waive the SUBRECIPIENT'S compliance there-with as required by
law
Ad.di.fla Taal.Docurn_ent,s, 'The parties hereto covenant and agree that they will execu!te
SUch other and furtherinStRlments and dOCUrrients as are or may become necessary or
convenienttoe effectt,nate and carry out the terms of this AGREEMENT.
Successors. This AGREEMENT shall be binding upon and inure to the benefit of the
par es hereto and their respective heirs, executors, administrators, legal representatives,
successors, and assigns where permitted by this AGREEMENT.
Assignment. This,AGREEMENT shall riot be assignable by SUBRECIPIENT, The CITY may
assign this AGREEMENTwithoutthou consent of SFJ BRECIPI ENT.
Hg_q�Leqgs, The headings and captions contained In this AGREEMENT are solely for
convenient refer(..mce and shall not be deemed to affect the meanlrig or interpretation of any
pro Osion or paragraph hereof.
Gender and Number. All pronouns used in this AGREEMENT shall include the other
gender, whether used in the maSCLAline, feminine or neuter gender, and the singular shall
include the plural whenever and as often as may be appropriate,
Authofty jq_EKqL4te. The eXecution and performance of this AGREEMENT by the CITY
and SLIBRECIPI ENT have been duly authorized by all necessary laws, resolutions(,,wr corporate
PY22 ESG SaWtion Array Agreement Page 23 of 16
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
IZIWUWf JU W. 000 1WV,'7VV
action, and this AGREEMENT constitutes the valid and enforceable obfigations of the CITY and
SUB RECIPIENTin accordance with its terryis.
SECTION XX
Participation in HMIS and Coordinated Access System
SUBRECIPIENT agrees that projects receiving'funding Linder Emergency Solutions Grants
("ESG") program will participate in the Florneless Management information System (WIS),
Section 416 (f) of the McKinney-Vento Act avid HEARTH Act (24 CFR Part 580) requires that
projects receiving funding under Ernergency Wufions Grant (ESG) program participate in HMIS
pursuant to 24 CFR 576,1U
SUBRE CIPIENT rnust ensure that data on all persons served and all activities assisted'
under EEG are entered into the applicable coma-tunity-wide HMIS in the area in which those
persons and activities are located, or a comparaWe database, in accordance with FWD's
standards on participation, data coHection, and reporting under as local WIS.
if SUBREOPIENT is as vicflwn service provider or a legal services provider, it may use a
cornparable database that collects client-level data over tin ie (Le,, lOngitU61al data) and
generates unduplicated aggregate reports based on Oie 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 VIS Reporting
Repository for CAPER submission. SUBRECIPIENTMUST ensure that all client data is entered
into Sage and produce the stafistkal information required by HUD on program participants
served with ESG funds. SUBRECIPIENT will provide City their final statistical report no later
Umn October
SUBRECIPIENT" shall work Mth the Continuum cafe Care to ensure the screening,
assessment and referral of prograrn participants are consistent w0the written standards
required by the CITY. A victim service provider inay choose not to use the Continuum of Care's
centralized or coordinated assessment systern as set forth in 24 CFR §576,400(d).
SSI BRECIPIENT shall coordinate and integrate, to the maximurn extent practicable, ESG--
funded activities with other prograrns 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,
conirnunity-wide systern to prevent and end hornOessness for the area as set forth at 24 CIFR
§57&400(b).
�ystem and Pry gr@m Coordination with Mainstream Resou'rces. The SUBRECIPIENT
must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with
mainstrearn housing, health, social services, ernployrnent, education, and youth prograrns for
PY22 ESG SaWation Army Agreement Page 14 of 16
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
AJWAJ01964 CAIVVILPPX wL. WJW-140JO-Dvu,i�r.,woao ivuMu
which families and individuals at risk of homeiessness and homeless individuals and farnihes
may be eligible as set forth in 24 CFR §576.400(c).
P Et r fiqy-MiL IMAqd 0 ons The
a. �ed2aflon of Homeless Persons in P
jj�_q_ _ kL
SUBRECIPIENTunderstands they are required by federal rule to provide for the participation of
at least one horneless or formerly horneless person(s) in a poficy-making function within the
organizabon as required in 24 CFR §576.4.o5.-mis might include, for example, involvement of a
horneless or formerly horneless person on the Board of Directors or sirriflar City that considers
and sets policy or makes decisions for the recipient agency.
If SUBRECIPIENT is unable to meet requirement, it rriust instead develop and irnpement
a plan to consult with homeless or formerly homeless individuals in considering and maklng
policies and decisions regarding any facilities, services, or other assistance that receive fundirrg
under Emergency Solutions Grant (E.SG). The plan must be included in the annual action pian
required under 24 CFR 91,2-20,
SUBRECIPIENT also agrees that to the maximurn extent practicable, they will involve.,
through ernialoyrnen't, Volunteer services, or othervvise, homeless individuals and families in
constructing, renovating, maintaining, and operating facilities assisted under this AGREEMEN'r
and en providing services for occupants of facilities asslsted under this AGREEMENT as listed in
24 CFR §576.405 in accordance with 42 US,C, 11375 (c) (7) and 42 U,,S,C. 11375 (d),
SECTION XXI
Effective Date
The effective date of this AGREEMENT shall be October 1, 2022, such date beirig the
date the City of Corpus Christi entered into this AGREEMENT With SUBREC31PIENT and Shall
terrninate on the 30,h day of September 2023.
Executed in DUPLICATE originals to be effective as of the date first set forth above,
A'T'TEST'. City of Corpus Christ!
°ocuSigned
Docu&,gned by:
u
'
rrector
Secretary Neighborhood Services Department
Ord, 032816 Authorized By
Council 7-9s-9n99 DS
PY22 ESG Salvatbon Army Agreevnent Page 15 of 16
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
ATTEST: The Salvation Army of theG Bend
(Corporate 9 .
F
(Title, ell", w
APPROVED AS '1'0 FORM:
Decernber,
This day 2022,
f ( pAurl
PY22 ESC Eaalvadon Army A eeme a1 Page IS of 1
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
EXHIBIT A
STATEMENT OF WORK
This Statement of Work is issued by SUBRECIPIENT with the objective of providing urgent
housing and related need:s, as described below. (E�E6_�K,.CMECK and INITIAL ALL THAT
4- -§576.1,02 Emergency Shelter Component
ESG Funds may be used for costs of providing services to horneless families and
individuals in ernergency shelters, Funds; may be used for renovating the she and
operating the emergency shelter. This activity is subject to the expenditure lirnit as set
out in §576.100(b),, These services are designed to increase the quantity and quality of
ternporary shelters provided to horneless people,through the renovation of existing
shelters or conversion of buildings to shelters, paying-for the operating costs of shelters,
and providing essential services, as set out in 24 CFR 576102
§576.103 Homeless Prevention Component
ESG funds may be used to provide housing reocation and stabilization services and
short.. and/or medium.-term rental assistance necessary to prevent an individual or
family from moving into an ernergency shelter or another place described irs paragraph
(1)of the "honiOess" definition in §576.1 This assistance, referred to as homelessness
prevention, rnay be provided to individuals and famifies who meet the criteria under the
Ir at risk of homelessnpss" definition, or who meet the criteria in paragraph (2), (3), or (4)
of the '"homeless" definition in §576.2 and have an annual incorne below 30 percent of
unedian family income for the area, as determined by HUD. Me costs of homelessness
prevention are only eligible to the extent that the assistance is necessary to h0p
the program participant regain stability in the pro rare participant's current permanent
hous4ig or move into other pen-nanent housing and achieve stability in that hOUS41F,.
Homelessness prevention must be provided in accordance with the housing relocation
and stabilization services requirements in §576,105, the shortA-erm and rneftm-term
rental assistance requirement; in §576.106, and the written standards and procedures
established tinder 24 CFR 576,400. These services are designed to prevent an individual
or family frorn moving into an emergency shelter or Wing in a public or private place not
meant for hUrnan through housing relocation and stabilization services and s1iort-
and/or rnediurn-term rental assistance, as set out in 24 CFR 576.103
§,576.104 Rapid Re-housing Assistance Component
ESG funds may be used to provide housing relocation and stabilization Services and
short- and/or medium-term rental assistance as necessary to help a horneless individual
or farrdly move as quickly as possible into permanent hot,ising and achieve stability in
that housing. This assistance, referred to as rapid re--housing assistance, may be
provided to program participants
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
W,A,U,JqyI tzwt°Ujwu I Ll u%,VuMuLyf�-POJLS-140)f.),�,,Uhjj-j Yr UCdo I VkPVUV
EXHIBIT A(cont"d.)
who meet the criteria Under paragraph (1) of the "homeless" definition in §576.2 or
who meet the criteria LAnder paragraph (4) of the "horneless" definition and live in
an emergency shelter or other place described 41 paragraph (1) of the "horneiess"
definition.The rapW re-hou5ing assistance must be provided in accordance Mth the
hot&ng relocation and stabdization services requirements 6n §576105, the short- and
rnediurn-term rental assistance requirernents ¢n §576,106, and the written standards
and procedures established under §576.400. These services are designed to move
horneless people quickly tc) permanent housing through housing relocation and
stabilizabon services and short- and/or medluni-term rental assistance, as set out in 24
CFR 576-104
The following table identifies the projected target populations to be provided services,
and wNch services anticipated tai be proVided to thern.
PROJECTED TARGET POPULATION
2022-2073 #Adults #Children #Youth
#Households (184 yrs,) (0-11 yrs) (12-17 yrs)
g!Mg!jqgk1CV SHELTER
..........
> 190 300 so so
> Renovation Rehab
> Assistance Under URA1970
ID R !j"U tIME3
........... ....................
> Rental Assistance 2 1
—1--..-111----.......... .............
> (.3ther Financial Assistance
ta
'S's
Let inapc`�
> ServicesCosts
1)
MWWW
HOMELESSNESS PRMI�O,N (for households in which the total income does not exceed the HUD 30%
AMI)
> RentalAssistance �4 2 1. 1
..........
> Other Financial Assistance
> Services Costs
TOMS 198 304 52 52
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
EXHIBIT B-1
Grant But
As identified through the Statement of Work
Housing relocation and stabilization services
ESGfunds may be used to 1 housing owners, utility companies, and other third parties for
thefollowiny costs:
inand al Assistance"
Form u la/requirements Project Formulas Total ESG R�eqq�ui
--------------
Rental application N/A
fees
Ser,urity Depos.t Less than vas ue of two 10hh*559" 55M
monthsof rent
---------------
Last month's rent Value of one month; N/A N/A
counts toward 24-rnonth
maximurn
Utflity deposits Must be standard N/A N/A
Utility payments Up to six months of N/A N/A
(gas, electric, water, arrears 24 month total
sewage)
Moving costs Truck rental, movers, N/A N/A
i storage for, 3 mos.
Services costs
...................
Flousing search and N/A A NIA
placernent
Hous�ng stability n/a N/A N/A
case management
Mediation N/A N/A N/A
Legal $�erviceS N/A N/A N/A
Cr
----------
edit repair N/ / /A
Total Request $5,599.00
"Financial assistance cannot be provided to program participants who are receiving the
same type of assistance through other public surces (see 576.105'for more details)
EXHIBITB-1 (cont"d.)
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
d.�a.a�,a.�,�:�rti�u i d':,:I i vCII oa,.W�,a��n�_r, tion a,�cn r^����..r�v-o�,Mw10.„�m^��;��&•�',7�6da0LL�`sr r'Sv,��r e u,eu�a�.+ur
Projected Rental Assistance
medium-termShort-term and rental assistance*
ESG funds may be used to pay for up to 24 Months of rental ssi to nc during a -year
period. Resat cannot exceed FMR and must meet rent reasonablene.ss standards, subject t
change.
o�t�: mrratl altnc �n�,.�mw
..� ... . �....__.._ IMonths 1 fatal
FY
E Requested
_.... _... __...__
Studio/Etfidency 2 3 $784 $4,29704
.--b du oorn1 3 $864 $2,59.2
$1,079 $16,185
3 bedroom..___.._....m. 2 $1,428 $8,568
.._„W.__.._.._.._
RI�O,based rental assistance
tui;/F.Wid"racy $
1-bedroo $864
2-bedroom $1,079
-bedroom1, ,28
__._. __._._._...._.__..________
Total R qui t $34,401
SUBREOPIENT must complete a L.e d-Rased Paint visual assessment on all units braid
ass,isted with ESGfundsbystate certified lead-bras d palm health inspectors and must maintain
in the dient .5 file docurnentation that said inspection passed n d'ryi t all requirements a
referenced i Section V11of this Agreement.
**FMR ornounts based on l Y2_0 FMR Guidelines.
ESG F'Y2021 Proposed Activity
Eligible Activity
(add rows if ESG Amount Match Arnount Match Source Budget"t t i
Ernergency $60,000 $60,000 Grants,donations $150,000
She t r
from private
t
son,. c
Ha Gess $20,000 $20,000 IK: $ 7,500
Prevention fbod,d thing, tc.
Rapid R $20,000 $20,000 '12,500
Housing
Totals
ta �.t��� ���.---__....w_ mm .µ ,0 _....
$200,000
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
,.,L,a,4-0x:SNbyl I F 1:.B I01'i'.YGV�dC:9.A,IX.d0.w,nA b:'"u'k.J"Y+'V:'.3'0 ubi.AA"A"••#CJG➢fwA"Q'N;tl,6d.,'"d.:Y M""t.€74, I N,F6..CL.Y4P
Exhibit
Payment Schedule
U,
/, ///„ fa' M7'
1,66&66
October 2122 $8,33333 $5,000 $1,665.613
_.,.._.,._. ._,__..,........ �. .____ ...__._....,_ .._.._,....._. _..___ ._
$5,000 $1,666,66 $1,666,66
November 2022 X3,333.33
$5,000.. .,..W � $1,666.66 $1,555.55.
December 2022 $8,333.33
Jarhaary 2023 1,333.33
$8,333,".13 $S,000 $1,666,66 $1.,551a.66
February 2023
$8,333.3.3 $5,000 $1.,666,56 $1,666.66
March 2023
_ X3,333.33s°;r,11C17al,6a1a.55 1.,666,65
Apo 202 3
$13,333.33 $5,000 $1.,666,66 $1,6W66
May 2023
$8,333.33 $5,000 $1,666.66 $1,666,66
.Une 2023,
$8,333.33 $5,000 $1,66&66 $1,666,66
,Uy 2023
... ,.-.. _ ........
a 8,333.33 $5,000 $1,656.65 $1.,666kG
August 2023
$!i,0001.,1'165,7 .��1.,66C�r."�
September 7(173 $X3,333 3�
�/ a r a� rr ,„ , /,
%%/ rr�/// 00", %
r /i rte//l!, r r i �rr
, , / r/�// // /
r /�
/ r
NOTE. Payment requests must be submitted monthly by the 151. if no paymenestwill
besubmitted by than 1511 any given month,Agency MUST notify OTY.
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
ev%Ajo,YH $Ld
EXHIBIT C
Schedule of Activity
SUBRECIPIENT hereby agrees to perform services, as outlined an Exhibit A.
A proposed monthly schedWe of activity should' be proOded in this space. SchedLflieshould riot
exceed SUBRECIPIEN"r contracttiara frame of 12 rnonths frorn contract date.
7
.........
77
-W
October 2022 33 1 1
Novernber 2022 33
Decernber 2022 33
January 2022 33
33
February 2023
March 2023 33
Apri12023 33
May 2023 a ; .
June 2023 33
33
.July 2023
August 2.023 33 1
September 2023 37 1,
-7
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
E,XJL)--t0j0--V1z7Uo--(X 000 IUVILAIJ
EXHIBIT'D
RECORDS & REPORTS
SUBRECIPI ENT rnust 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. Coples made
by microfilming, photocopying, or similar, rnetho& may be substituted for the original records,,
(1) Documentation of each pro tarn Participant's qualification as a farnily or individual at risk of
homelessness or as a hornOess farnHy or individual and other" pro gram participant records
must be retained for 5 years after the expenditure of all funds frorn the grant Under whch
the program participant was served;
(2) Where ESG funds are used for the renovation of an emergency shelter invoves costs
charged to the ESG grant that exceed '75 percent of the value of the building before
renovation, records rnust be retained until 1.0 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 FSG I 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 ES G 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 E56
are entered into the applicable community-wide HM 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 SUBRECIPI ENT is a victim service provider or a legal services provider, it may use a
comparable database that collects client-level data over time (Le., 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 MINIS.
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
DocuSign Envelope 0DC69ADDB-135D-485B-B903-73F8881009DO
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 576,2011 of the ESG Interim Rule, and the requirements for documenting matching
contributions are described in section 576.500(o,).
B. Insurance. SUBRECIPIE'NT 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
ALOTE., Payment requests must be submitted to the CITY by the 151h of each month. ESG funds may
be recaptured by the CITY if SUBRECIPIENT falls 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 B-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 clue 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.
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
DocuSign Envelope 0DC69ADDB-1350-485B-6903-73F8881009D0
EXHIBIT E(contd.)
4. SIJ BRECIPIENT 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.
SIJ BRECIPIENT must submit all required documentation as stated on the City Reimbursement
Checklist,
7. Should the SLI BREGI PIENT fail to comply with timely submittals of monthly reimbursement
requests the CITY,May consider termination of the SIJ BRECIPIENT AGREEMENT as per Section
X11 "Suspension and Termination."
& 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 CITYin 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 RE2MLdlng 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
ESC funds expended.
DocuSign Envelope ID:5FCB4109-38C3-44CE-A4A6-743DF7A8D450
DocuSign Envelope M.DC69ADDB-135D-4856-B903-73F8881009D0
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 SUBRECIPIENT'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 SIJ RECIPIENT must establish additional procedures that ensure that those persons are
made aware of the facilities, assistance, and services.The recipient and its SIJ BRECIPIENT 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.,2101;
(2) The disposition of real property for which E 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 H,UD: has performed an environmental review under 24 CFR part 50 and the
recipient has received HUD approval of the property.
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EXHIBIT F (contd.)
(e) Davis-Baco,n 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$10,0100 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.
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EXHIBIT 6
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- 183
A- 1012 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
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0/ -LS CL -( I ....--
www.hudexchapg,�,J4 OLWC-�14 cl.,i len (IL
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EXHIBIT H
INSURANCE REQUIREMENTS
I. 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 sirnilar insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates
of Insurance with applicable policy endorsements showing the following miniMLIM 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 $10,0,000 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.
11. ADDITIONAL REQLIRENENTS
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 rnust 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 ofthis 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:
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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 ofany,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 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 tinder 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.
1. It is understood and agreed that the insurance required is in addition to and separate fi-orn any other
obligation contained in this contract.
2022 Insurance Requirements
Ins. Req. Exhibit
Professional Services—Crime-Employee Dishonesty
8/17/2022 Risk Management—Legal Dept.
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EXHIBIT I
CITY OF CORPUS CHRIST]-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 If-General Information.
COMPANY NAME: The Salvation Army - Corpus Christi
P.0. BOX:
STREET ADORDS S: 1804 Buford Street CITY. Corpus Christi ZIP- 78404
FIRM IS: 1. Corporation 2. Partnership 3, Sole Owner E-j
4. Association 5. Other
DISCLOSURE QUESTIONS
I;f 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
know nn)
.............
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
............. --------
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
----------- ......
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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 31%or more of the ownership in the above named "firm."
Name Consultant
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 III 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: Art Penh ale, Lt. Col Title: Texas, Divisional Commander
...........
(Type or Print)
Signature of Certifying Date:
Person:
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,
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EXHIBIT I(contd.)
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.
fi "Ownership Interest." Legator 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.
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EXHIBIT J
Certificate of Interested Parties
Certificate of Interested Parties (Form 1295)'"
Foirn,l '1295 POUs r BE FII EDELE('."FROAI' ICALLYi Parper copies aii'W PUF cop�es ofthis sainple
forni are lugot,;mceptedl
Form 1295 must be electronically filed with the Texas Ethics Commission at
bttpi�.? (�r yLN.ej,'j The form must then be printed, signed, notarized
and filed with -the City. For more information, please review the Frequently Asked Questions at
F r 11129 w. p (Your web browser must be at a
minimum browser level: Chrome 4, Firefox 15, Opera 12.1, or Safari 4. Internet Explorer 9 is no
longer supported by Microsoft and is not recommended.)
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EXHIBIT K
Subrecipierat"s ESG Compliance Affidavit
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESEN'rs:
COUNTY OF NUECES §
Date�
En,iergency Soluflons Grant S615recipieht
Affiant, on oath, swears the following statements are true:
Z", v,
z of
am the "rX -X-)
(t t e)
�ll.-I�,�77/-,..�,-�:_L"L----.,--_,, a Texas nonprotit. corporation, which has appHed 'for
and been awarded Er'nergency Soluti4s Grant( "l St: Program funds administered by thea 0tyof Corpus
Christi ("City""), Prior to the start of the project for which ESG funds have been awarded, as the
representative of the above narned subrecipient organization ("Subrecipient"), I rnet with City staff and
received copies of the foIlowing Federal Rfles and reguNatlons:
2 CFR Part 20�O
24CFR570and 576 4.1 CFR 60.1 and 60A
By execution of this affidavit, i attest that I have recelved the above-listed Federal rules and
regiulations, City staff has explained the rules arid regulations, and I understand the Subrecipient's
obligatiorisofper'forrnarace Lrr)cier''ti-ier'Lliesand regulatioris, Furthermore, I acknowl edge that there may
be aclditional Federal rules and regulations, beyond the roles and regulaflons listed above, -to wNch the
Subrecipierft may be subject,to and with which the SUbrecipient must comply, in accordance with FederA
laws,
By�
SWORN TO AND SUBSCRIBED before me this the dcay of 201,9.
ary NAAslate of Texas
r(OAA)pyres (M-19-2025 Notary PUblic, State ofTexas
Notary ID 132986,349
Exhibit K Page 1,of 1