HomeMy WebLinkAboutC2022-274 - 5/24/2022 - Approved DocuSign Envelope ID:C13FDAF813-2FFD-4692-13527-41 F131312135957
O AGREEMENT FOR HOMELESS AND HOUSING SERVICES
" THE SALVATION ARMY OF THE COASTAL BEND
r„ 282
[FY2022.2023 HOMELESS HOUSING AND SERVICES PROGRAM]
This Agreement ("Agreement"} is entered into by and between the City of Corpus
Christi, a Texas home-rule municipal corporation ("City") and The Salvation Army, a
Georgia lion-Profit Corporation for The Salvation Army of the Coastal Bend
("Subrecipient"), effective upon execution by the City Manager orthe City Manager's
designee ("City Manager").
WHEREAS, on February2i, 2022, the Salvation Army of the Coastal Bend submitted
an Application with the City for FY2022-2023 Homeless Housing and Services Program
(HHSP) General Youth .Set-Aside and Ending Homelessness Funds (EFIF) funding;
WHEREAS, on or about July 6, 2022, the City entered into a contract with the Texas
Department of Housing and Community Affairs ("TDHCA"), Contract Number
63226070008, for a program entified "Texas Homeless Housing and Servicing Program
(the "TDHCA Agreement");
WHERAS, Subrecipient is a non-profit corporation which provides temporary
housing services and other essential services to homeless people residing in the City of
Corpus Christi, Texas;
WHEREAS, the City and Subrecipient desire to enter into an agreement whereby
Subreciplent agrees to provide temporary housing services and other essential services
to the homeless in Corpus Christi and the City agrees to reimburse Subrecipient with
funding from TDHCA for some of those expenditures in accordance with the terms of
this agreement (the "Agreement").
NOW, THEREFORE, in consideration of the mutual covenants provided herein and
for Cather good and valuable consideration, the receipt of which is hereby
acknowledged, the City and Subrecipient agree as follows:
1. Scrape, Subrecipient agrees to provide temporary housing services and other
essential services to homeless persons in Corpus Christi, Texas in accordance with
the terms of this Agreement and in accordance with the terms of the TDHCA
Agreement No. 63226070008 attached hereto and incorporated herein for all
purposes as "Exhibit A" and in accordance with Subrecipient's Application for
Funding attached hereto and incorporated herein as Exhibit "B." Subrecipient
also agrees to comply with all Federal, State and local laws and regulations
referenced in [lie TDHCA Agreement attached hereto as Exhibit A,
SUBRECIPrENT AGREEMENT SALVATION ARMY Page 1 of 7
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 F13131 2135957
2. Term. The term of this Agreement shall be effective July 6, 2022 and shall end on
February 28, 2023. Provided, however, the City sholl have until June 30, 2023 to
process and pay any invoices from Subrecipient for services rendered under this
Agreement up until February 23, 2023.
3. Contract Amount, The maximum amount which City will reimburse, Subrecipient
for services rendered during the term of this Agreement is ONE HUNDRED NINETY
FIVE THOUSAND SIX HUNDRED AND SIX DOLLARS AND NO/100 ($195,606.00).
Payment will be made for services performed and accepted by the City within 30
days of acceptance, subject to receipt of an acceptable invoice,
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Homeless & Housing Services-NHS Department
P,0, Box 9277
Corpus Christi, Texas 78469-9277
4, Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Nora Vargas
Neighborhood Services Department
1201 Leopard Street, 2nd Floor
Corpus Christi, Texas 78401
(361) 826-3124
Nora V@cctexas.com
5. Information Security and Privacy Requirements.
(a) General. Subrecipient shall comply with the information security and privacy
requirements set out in 10 TAC § 1 .24 to ensure the security and privacy of
Protected information (as said term is defined in 10 TAC § 1 .24).
(b) Information Security and Privacy Agreement ("ISPA"). Prior to beginning any
work under this Agreement, Subrecipient shall either (1) have an effective, fully
executed Information Security and Privacy Agreement ("ISPA"), as required by 10
TAC § 1.24, on file with TDHCA and the City, or (ii) Subrecipient shall execute and
submit to TDHCA and City an ISPA in accordance with instructions found on the
TDHCA website at the TDHCA -_Information Sg_curity qrld Privacy Agreement link
prior to commencing work under this Agreement.
SUBRECIPIENT AGREEMENT SALVATION ARMY Page 2 of 7
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 F13131 2135957
6, Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 3011 annually,is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in, said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
7. Independent Contractor. SUBRECIPIENT will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
8. Amendments. This Agreernerif may be amended or modified only in writing
executed by authorized representatives of both parties,
Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the some.
10, Taxes. SUBRECIPIENT covenants to pay all payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes for its employees.
Upon request, the Contract Administrator shall be provided proof of payment of
these taxes within 15 days of such request.
11. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Neighborhood Services Department
1201 Leopard Street, 2nd Floor
Corpus Christi, Texas 78401
(361 ) 826-3976 (office)
IF TO CONTRACTOR:
The Salvation Army of the Coastal Bend
1804 Buford Street
Corpus Christi, Texas 78404
(361) 884-9497 (office)
SUBRECIPIENT AGREEMENT SALVATION ARMY Page 3 of 7
DocuSign Envelope ID:C13FDAF813-2FFD-4692-13527-41 F131312135957
12. SUBRECIPIENT AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS'FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY SUBRECIPIENT OR RESULTS FROM THE NEGLIGENT ACT,
OMISSION, ,MISCONDUCT, OR FAULT OF THE SUBRECIPIENT OR ITS
EMPLOYEES OR AGENTS. SUBRECIPIENT MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF SUBRECIPIENT UNDER THIS SECTION SHALLSURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
13. Insurance. Before performance can begin under this Agreement, Subrecipient
must deliver a. Certificate of Insurance ("CJI") and copies of insurance policies (if
requested by City), as proof of the required insurance coverages, to the City's Risk
Manager and the Contract Administrator. Additionally, the CJI must state that
the City will be given at least 30 days' advance written notice of cancellation,
material change in coverage, or intent not to renew any of the policies. The City
must be named as an additional insured. Insurance requirements are as stated in
Exhibit "C" attached hereto and incorporated herein by reference. Failure to
maintain any of the types and limits of insurance required by Exhibit C is cause for
the City to immediately terminate this Agreement and cancel any
reimbursements or payrrlents which may accrue to Subrecipieni
14. Termination.
(A) Terrr7ination for Cause. The City may terminate this Agreement for
Subrecipient's failure to comply with any of the terms, conditions and covenants
of this Agreement, The City shall give SUBRECIPIENT written notice of the breach
and set out a reasonable opportunity to cure. If Subrecipient has not cured the
breach within the cure period set out in the City's notice of breach, the City may
terminate this Agreement immediately thereafter.
SUBRECIPIENT AGREEMENT SALVATION ARMY Page 4 of 7
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957
(B) Termination for Convenience. Alternatively, the City may terminate this
Agreement for convenience upon ton (10) days written notice to SUBRECIPIENT.
SUBRECIPIENT shall cease all work and services called for in this Agreement upon
receipt of the City's written notice to terminate this Agreement for convenience.
The City shall! pay SUBRECIPIENT for all services provided in accordance with the
terms of this Agreement up until SUBRECIPIENT'S receipt of the City's Notice to
Terminate the Agreement for convenience.
15. Limitation of Liability, The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
16. Assignment. No assignment of this Agreement by Subrecipient or of any right or
interest contained herein, is effective unless the City Manager or his designee first
gives written consent to such assignment. The performance of Services described
in this Agreement by Subrecipient is of the essence of this Agreement, and the
City Manager's right to withhold consent to such assignment is within the sole
discretion of the City Manager on any ground whatsoever.
17, Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined' to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omif led.
18. Public Information Requests. The parties acknowledge that the City is a Texas
governmental entity subject to the Texas Public Information Act (the
"Act"). Should City receive a request for disclosure of Confidential Information
pursuant to the Act, City will promptly provide Contractor notice of such request
in accordance with Section 552,305 of the Texas Government Code so ]hot
Contractor may avail itself of any opportunities to establish reasons why the
information should be withheld prior to disclosing such Confidential Information.
The burden of establishing the applicability of exceptions to disclosure of
Confidential Information under the Act resides with Contractor,Should Contractor
be unable to establish a valid exception from disclosure or exclusion from the Act
or protective order, then, City may release the information, solely to the extent
necessary to comply with the Act.
19. Certificate of Interested Parties. Subrecipient agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete.,
FOFrT) 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
20. Governing Law. Subrecipient agrees to comply with all federal, Texas, and City
laws in the performance of this Agreement. The applicable law for any legal
SUBRECIPIENT AGREEMENT SALVATION ARMY Poge 5 of 7
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957
disputes arising out Of this Agreement is the low of 1he State of Texas, and Such
form and venue forsuch disputes is the appropriate district, county,orjusfice court
in and for Nucc(.,,,s County, Texas.
21. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
[SIGNATURE PAGE FOLLOWS]
SUBRECIPIENT AGREEMENT SALVATION ARMY Page 6 of 7
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 F13131 2135957
THE SALVATION ARMY, A Georgia Non-Profit Corporation,
FOR THE SALVA O ARMY OF THE COASTAL BEND
Signature:
Printed Name: 9 1i & (_'ca
Title: `I-X fbiutc .Ioyb � , .r�3"4
Date: 2-
ATTEST: CITY OF CORPUS CHRISTI
Qocusigned b➢:
Qocusigned by
Re rta, City Secretary Linda Stev,rclrt, Director
Department of Neighborhood Services
Date:
2/22/2023
,_....
i Iiprai FIs to orlm
i�en�t- Mcliy«r
E�295F6G�JE9�4 "-
Kent Mcllyar, Assistant City .Attorney
Attached and Incorporated by Reference:
Exhibit A. TDHCA Agreement Contract No. 63226071 008
Exhibit B: Application for Funding filed by The Salvation Army of the Coastal Bend
Exhibit C: Insurance Requirements
Ord. 032771 Authorized By
5-24-2022
Council
DS
DS
SUBRECIPIENT AGREeMENT SALVATION ARMY Page 7 at 7
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957
TDHCA Information Security and Privacy Agreement
This agreernent ("ISP Agreement") is entered into by the Texas I)epartment of Housing and
Cornmurlitv Affairs, an official agency of the State of Texas ("Departi-nent"), and ---____The
Salvation Armv. a Georg iq C,omoration for The S hri,
_L-il __(L 5_JTX
�I'vati )n�
("Contractor"). The pur4lP )sc of the agreement is tc> Lrisurc the sccuity and privacy of Protected
Information be[onging to persons who do business xvith the I)cpartment. qLa_rtment L_ontractoxr�.
�
arc required to comply with all security and privacy mcasurcand compteyity (A
s herein. The scope
each C-ontractor's specific Security ay m
and privacy' w ,aq
ill \ ! depending on the size of the
organization and risks prcscrited by Contractor's operations, This agro,,ement is effectivc on the date
it is fully executed by the parties.
A. Definitions
The following Worcls and terir*, when used in this Agtte ,-jerl L, have the f0flowing nw-ardngs unless
the context clearly indicates otherwise,
"Comp lfing Qcyi nicans any personal coniputcr,laptop,servur,smart phOnc.,orally other
data processing device that is used to coIIlICct tea tlhc J-)cpartnicrit's nemurk.
"K;ont:rac,tor" means a third party, including, but not firnitcd to , outside auditors and lcgal
counsel,funding agenvies,VLn_&.is—)rs or 5—l
,��Int
,including any of their lac ue5etitatives that rroy
gain rccc,.s to Protected InCorn-vition on account of a contract xith the tkpart[TIC11L
"Crirl-tinal J-fiqtor� I�Gcor�dsln(t_)Frllation" -- mcans, for the purposes of TI-;Ix., GONI'T. CON,
infori-nAtion collected aboUt a person by a Crin-LinalJustice Agency that consists of idcritifiable
descriptions and notations of arrests,detentions,indictments,infotmMions,and other formal crimilill
charges and their dispositions, The terra doesn't inclucle, (i) identification infortnation, including
fingerprint recorcls, to the extc(it that the, identification inforl-nation does not indicsitc involvement of
the person in the criminal justice system; or (6) driving record information unclear Subchapter C,
(,hapter 521 Transportation Code.
"t) v-1ftmot,7 I'lleans the Tex-is Departrrient of I[ousirig and Community Affairs,
Fi n _L T l:1 X,{;()\''°i lol.)f
ApID means, i )r purposes of
�,2306.67(17(cl)(Pubfic Informaticonancl Ituarings), a formal statenicritof the
J..,mvincon-oe IlousjngTaxCrcCUt part of a Low Income
llousingTax Credit Application,itICILI(ling but not ljtIrlitedm, the balance sheet, irocorrw statemcni,
cash R wx s UI te 1-11 C n t or c ha ngC S in equity.
"Inforn)-
ation Resources"means thecm
)rocedures, equipment,and softm%ue that.are plo.yed,
designed, built, OPCIatCd, and maintained to collect, record, process, store, retrieve, display, and
tninsmit information, and associated personncl including consultants and contractors.
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957
�–m —f' means this agreement.
"NQDPl -�Pcls ll�al Incorril,-,ttion" race purpusesof theCir e C I N
dkg a I 411ile, Act(15
USC � and 6821-0827), and implerneriting regulations, personally financial.
��6801-6809
inf6miation provided byan individual ill connection with Ippl)Iing for Or receivinga financialproduct
(,)r sen,icc, unless the information is Otherwise publicall); available.
"Personal WentiNing Information" moans, for purposes of T[,,X.BUS.& CI01.:(:Finptcr
521 (Unauthorized Use of Identifying Information), and any implementing regulations,information
that alone or in conjunction with other infoyrilation iclentifies an it)(livi(Jual,includingan indiviclual's,
narne, Social Security number, date of I)irtil, ()r government-issuM identification number, mother's
maiden name, unique biometric data including fingerprint, voices print, retina or iris itn',ige, Llni(JLIC
ciectronic identification number, address, or routing cock,and tetecornmunicatiun access devicCS'as
defined I,)), TFIX. X32.51.
II)earts, f()i, I)urposcs of TFIX. GCA"r. (.,()f)f.,.
X2)06.039 (Open Meetings and Open Records), any personal or busiiness financial information
including, but not ljryaited to, S(:cial SCCLuit)T numbers, tax payer identification numbers, or bank
accOL111t, numbers submitted to the Departi-rient to rcccio-c a loan, grant, or otkicr housing assistance
by a housing sponsor, individual or family.
"Protertcd Informati(gi" means Comilla 11=2-r
y
of a Tax CiedttA ing i�Qf( ation,
plicant, —Non-l'uhlic—t-'elsonalinformation, Lp�rson�a
I�klcnt�tf
Personal or Business Financial Information,
or and WAP
I7 fora
the rncar�ng, ascribed to it in 45 CFR �160.103.
1��LcLcrcd LI alth lafii�t:rnatLori" hi�
(generally, it includes any information that relates to the past, present, or future physical or rnent-,J
health 01: condition of an individual; the provision Of he,,11til Care toAri iridivi(IuRl;Of alae Past,Present,
or future payrtlent for the provision of health care to an individual.
pre It, I 111wr, dit('Ltur,
atiyQ."mearls any officer, crnployt contractor, subcontractor, i ice
adv-isor, partner, or agent of .1
or ,in), person serving in such ',r rolc, t-Itk,,d or
designated.
,Scrt§-tJyc Pcrs(,Ln—atI-L_-qation" means, for purposes Of'.fm. Bu& & Clo"'t. Col Fa,(;llaptcr
521 (LJnauthorizcd Use of' ldcritifying Information), an individual's first rian-w or first irljtlll and last
I -Tl!s if the name and iterns arc not
name in combination with an)r one Or MOM, Of the, i(CI
CI)CI-Yptcci:(I)social Sccui:itytibial bet, (2)d rry c is I i ce tiscor gove rnme tit issued ide nn fica ti oil llkirnb(1-1
(3) account or credit/debit car(]number in combination with any required security Code,:access
axle
or password that would perinit access,or (d) information that ickiltifics or revealsan individual and
the physical or mental health or condition ()f tile individual, the provision of hcalth care to tlic
individual,or payrnent for the provision Of health Care. to tire individual. The term doenot illCl13(k
poblich available information that is lax fully rnadc publicly available:.
az icor An orj,,inizatiori with whon-, the L,)�Lp,
artmcnt contracts, incl entrusts 0
acin-rinist,cr doral or st��IIIUI prol�TaM funds, including but riot limited to, units (A locAl )v
g � ( ermnu.nr,
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957
mita-profit and for-profit corporations, adininis(imors, cuniniunity action agencies, cothabor-'111VC,
npplic- ITIOT N,
1CMICt'S.I rld rion-pmfil
o-oo,,rier-IMIlder housing providers.
"Vendor" mc-ans a person or org-anization that supplies goods or scrviccs,properly proCutccl
Wider relevant laws, to the PcIzat
rtrn�
qqt.
"Victims OF Vrolengj—rjjon-na ion" means atIV irif)rniatioti submitted to as covered housing
provider, including the Dip, tti and its (� ttactopUrsuant t24 CT
R ��5.2007,jrIC L Ctry,t
he
fac t that an individual is a victim of doillestic�r i0lence,dating violence,sexLl,,Il assault,or st,,11king. Also
included pursuant to Tex, Gov't C.ode X552.138 is irjf(jj-n),jtii:)n regarding the loc'Rtion Or physica I
IaYOLA,an employee, volunteer, former car current client,or the provision of services to a fort-ncr or
current client,a private donor, or a mcniber of as board of'directors or board of trustees of a fln)k
violence shelLct center, victims of trafficking shelter MIR.'r, or sexual assault program.
cations and
2E jnf(,)tmatjon" means, for purposes of Wtatheriz"Irion
arding the
Program Notice 10-08, U.S. Department of Fmergy, issued February 1, 201u, rC.-g7
Department of r7,ncrg), Weatherization Assistance Progran, 111), specifically idcntifyiilg=,
information related to an individual's cljgibiljty application for WAII or the individual's participation
in WAP, such as name:, address, or income information.
B. Security Measures for Devices that Connect to Dep,,irtrnent Network
Any tt)ird-party�aWLitirig�t�,j�cthins used to comiect tr>the De I s ioiternfl network either
phsically or 0117OUgh 4I Virtwal Private Network njLjst I-riect the follovrng reju-irern(�,nts:
1. —(,.ontnLcuLr shall riot access 114-LRA—Mclit's networks with its own cquipment unless (a) the
equipment triects SCGUritV 5tandards c1cscribed ficrein, and (b) the Dc.pil—rhilclit
has sapprovcd the access in writing.
2, Dep,, -hall not bu installed on a non-12 'om NtifIL,
-qqj"n ..licensed soltv,are s
uniess cxplicit[y pcm-tittcd by tha ticensor,z rid authorlmlin\vdtingby the InForniation S�,Stctns
l")irector for the Qevartrtic�Klt,
3. _(:ug(jactor shall not access any arca of E)c-partme 1—t prerni5cs exccPt tllo5c specific"Itcas for
which Lontractor has been givcii written permission I-)y the
4, �on t La
-ct(Lr shall ensure that any QCLI�Icc that is connected to the
rjet-v,;()rk is contipliant v,,ith all2,,rLgicig hard","Itc, software, and security standards. This
includes anti.virus software running the. latest virus definition pitternsarid any critical SCOU4
patches required to protect the devicc facia outside vulnerabilities.
S. C L[LtrIcLor shall ensurc that any of itse Le t t
)uting -Xvices rernotcly conn o: h(-
L),.,.j2L,trLrrj(,I it's 11c twork tbuot,gh V PN at(w TIOt COMICC Wd toaj)y utlrere teInal tie LVrWks thtotj})Ih
\,,pN at the sajjne tinic. lac config'ILradorof any CD—1 rIaLL�Lr ( —t ii )SIJ C ,
that cortricct,
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957
trr the fiw-,�Mr(—Inmt nvtwork for the. purlx)C' (,Ji- St)lit-lU11J1(Ji[1g or (111'al hoilling (rnulnplt
cards) is HOL
6. Acccss to Hic D—cp-sl 's network shall only be granted Cor a pCrj(i(j of tin-ic agreed upon, in
"Vinting by both parties,howeN cr the period may be tern-tinat(d eirlicr at the 6()Ic discretion
of
the 17e partmcnt,17ewhich discretion shall not be unrcasonabiv c\crciscd, upon riot less than
tweno-four(24) hours notice.
7 assets.
— The Dc aqtDLgM shall not I-w responsible or liable for non-"-)tTL1rttnCQ
12�_
C Se,curi(y Meastires for Maintenance ofProte_ted Protected Ex C
malto
the Department Network
j'to� tjK�n in sysi.tn's
C�2nqgLjQj and any &A2jcsct-j(Ajjv!e who maintains Dcpwrnrrimt PLO,emd—b _t-_jj-gL
CMcmal to the 12c��.artrn nt network shall coillp)y with thc inf(�)rrnation technology (IT) sccur]'W
re(lujrernents defined below:
I. -C, Softwale,
_C( nt�I ()r shall IrlaintAn an irivcrltor)�- of all IT includicig all IT hmdwal
_�_CL_ k shall be used in rayl: asses;nrrnt ajctivirie5 and 'IT sucurit.y
and data. The IT asset illve,10,17"
Policy Clevc1opurient.
2. LO—ntracLor Shall 1lj-lplejj-rcrjc and maintain at) IT risk it-imiagcnitnt program in which Mks 0,re
i(icritificcl, doc u rile nted, asscsSc(j, prioritized, COOLrOlIccl, and rnon.itorcd.
3. Coiitrafi_or shall (Mi;iru(- —Pr(Acctt,St InjL)raLiglion is rcc(,Vcr1,1ble in accorclarlcc with its IT
Security poliq%
4. CLontgL(j(,)r shall aciherr: W mcgiiu,)ring Lechniclucs and prOCCCILlres for detecting, rCPor0f4!,,
and investigating security incidetILS.
5, �(�' n�La_—ctgg shall provide IT SeCUrity training to its CIIIPIOyeeS UPOtl hiVC and at a COIIUsWtOr-
defined frccluenc)', thereafter. The training Shn11 include 'appropri-ate Clements from the IT
t'llg PrCL(j� te( f�,�jLyyg(jQtj, SIVA inCIU(It
SeCill-10'POHCy,Sh',111 Stfe,,�s the irriporumcc, of protcc
I _ _
-ompl I �c, 'xith policy, accidcntal loss of L�raLt.��CtL
rl(
-)tie(,, (,)f conscquenc(�s for nom -ial
R-1&—)rlD-1AiUQ or ri-lisusc of—Pr�otg
j,,jtj(,)tj, shall covcr procedure's for the I)WIX,
disposal of P !(LU�—�J(etLWEJ—YIIMLJ J, alld Sfiadl COV(l responding to ,e�:utity fflcidcnts and
tht J`CcOrds avail"Ibic to the
CU(1 shall docullieni all training and make.
Dcpartnicnt upon fcqucst,
6, C—(Lmwac�c�x shall corlduct ctirmnal background claccks on its e1nI)I03rCCS C S to
IX axtw tr
LQ—ni!!Ar!r shall vnAc this infOsat vaihlbk to L11L
am PKW
,)C�-,jrtrjjcqt UpOrl tCCjUCSt,
a tc
7. If(AllLractrj performs sottwnre _p�-iL- — —C
LiffiglilatlL in
_Q 1 is alntmried, _CQnjjjj.cjor shall separate clev'001)111ellt sand production
era-vironrmnts incl ensure:, that only StJf1A1jLh a nc�::d tee tip(Lr�e 1-rKAILIC6011 datI hat'C this
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957
l:},pe of access, Peupl(�, who p�:rforrn software: development duties shall not have access CO
lrll(:)ChfV production data,
8. If C-om�uctor. L A
� lict-fornis soffivorc development on systerns in whicl )-w-a-r-trall-�-A
Infort-nation iS maintained, C_ontractor shAl foll(,w a softwArc t:hangc control process,
thr(-,)u,o,h which appropriate managernent approval shall be (10CUMC11(ccl Prior tri the
migration of softwate changes from development to production cnVironnients.
9, _(:—()nttaqt-or shill maintain arced follow an IT security policy that shall provided to the
11 artruent for approval before work begins. Thr Hse(;urjty I-)()]Icy shall ,iddress the
following topics and subtopics, where applicable, based on the sizc arid complexity of the
organizat.wn:
a. Account Management and Systurns Access
b. Application Security
i.. Configuration managernLrit for PCs, laptops, and servers
ii. Network Security acid intrusion prevention
ii;. Patch n-)-anagcmenL for I?Cs, laptops, and servers
jj�r Protection of routers, switches, and other network de.viCCS
v Security of wireless networks and devices
vi, Virus and rnalvvare protection
c. Authorizcd equipmCrIL and soft-%1VRrC
Cl. Backup, recover)), testing, "Ind Continuity
c, Data classification
f, DcvcIoprncnt carracquisition (.&Lnforrriation—R(,s
u rc c,s
9. J.-Incryption
h. I landling and responding to sccuritv inck1crits
i. Physical security
j, Portable
c Lt- p k,i_nL Ln
4� )e vices a n Ll N
[celia
I Portable L-'p —L-1- al digital
114)—Ll S, including laptups, 11,111(illuld Computcrs, person
assistants, acrd cell phones
ji. POj(',jj,&, HIC(liA including-;any remo�,able disc , USI3 flash s(Oragc devices,hard dtiv es,
CDs, and D\,Ds
k. Releasc and disposal of Ipfirrniation Resources
1. Secure disposal of
rn. Secure physical filC transfer:
n. Secure electronic file transfer
o. S(xurity awaren(Ss and training, for Lrnployccs
PTesting and 11-1ol-litoring,of the controls defined in (11C IT Security Policy
-ictor's IT SeCLIrit�'
The ace: specific requirements that shall lac. inclUded in orun .--
Policy and shall,all be. in (-,ffccL for.is long is Contractor retains any Dmt—rtn-)etit,haLt.ec.LcLI
a, C,ojjtractor facilities Shall be restricted to appropriate I)C[SourIC) using;using;qCCeSs rcstraints
such as access cards or keys, SQrverb, jietAork equiptne.rit, and backup niedia shfll bc
rnainLained in lOck(:d, Un]2Wed facilities With access I.e,
qj-ictc-,(l to cjcsignar(d cniployccs.
b. For file sccu6ty or hic transf"Cr rcclu'ring c11c`YP(i" C _qr�actor sludl usc 256-bit FIPS
1-10-2 "Ipproved sco:uril.� fi Inc I..i ol Is. For refe"r to Anne, A: ApF)rovcd Securi�y
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957
l'unctions for FRIS PUB 1,10-2, OPk?ral)h c Modulf a, a
!Jr) )f individuals
c. Porr"'Ne or media containing, [IrQtected ram¢—a dk(�11 t
participat.ing in "c progra Ill, or jLCj.La_rLmCr1t ornployces shall comply with the
following requirements:
i. Portable computing devices shall be pass,,vord protected,
ii. Contractor shall rant physically^ transport portable computing devices or Media
containing protect cd_Inforgration of individuals participating in Departinent programs
or L facility to Another
aament employees outside of its facilities or from one f,aI
without enct),pting,all Protected_111f0fl-M10011 following the eficqption recluireruCfit
defined ab(.)ve. For definitions and gUidalICC, refer to NIST Special Publication 800-
111, Guide to 3/01-ag, Lmqpfion 1-erbnola�,ieiftr Fud ("Ser[:;erice ,
"SerDerices, at
WiblicarionsIniMpubs/ ndx hrmt.
_ -(,)rmation is
d. ianttac for
Shall, not entail PI-L ctej_I[jf0,UR�,jtjjjL
)—tc ___ _ _ A unless the ilif
cncq,ptcd following the cricryption requirement defiriccl above.
c. Qitimactor shall not use uncocryptcd Internet protocols, such as I tyjxr,rc,,;L'rramfer
protocol CHTTV) or File Transfa protocol to transfer_P_rgj_Qctc;d
Information over the Internet. shall use Secure FlIc Transfer Protocol
("SFTI)") with 256-hit encryption or better or ll*.ETPS with Transport La'ver Security'
[version 1.2 or later] with 256-bit encryption or better.
f. Lontractor's password policy shall require the f0IjO\vjng ClCMULUS: Minirni-IM ]Lnl; h,
combination ofilpha and numeric or special characters, nand password duration "Ind
rrotation.
g. c)nqtctor shall ensure that (,)nlv soft-ware that has Lacca evaluated and pre approvcd by
n t r,,,tjL(g1 is instal 1c,d on any Of its —LD—M4 or rictwcark devices.
11, If Qontnictor rilaintains sewers that host sIpplic,,itWils or services accessible over the
Internet, �( -vius,S(QjjLrac (-Lr shall logically segf-racist network resources nand sci that th0sc
intended for inu''t'nal use only are separated into private IP networks and those inWricicd
to be accessible frorn tile 111tcrnct are separated into pul)lic IP networks. C_ontr_am)r
.shall it a minimum use fircwall and access control list technolooes so th,,tr,only ncccssar�,
Ifiterriet parts and services arc op,rj tea appropriatc rietwork resources.6. I
icjLt regarding the. tratisfcr, Milc, or JiSPO52 ()f
Isult the JD_c1N1r—t1L_
all
�_0_f_)1_taKL(_)r Shall cot -01-liC �T)Cdia containing Lk'ja
Coil,
_4 network I dcvict,S 11, aud (,'ICeti -nation using i dustrx
and provide for sanitization of said infim
best practices ljkc those defined if, MS"I'SPecial publicatlun 800-88, Gar d(fine;/o/')`Vbdia
error atirt aa, at Littpci t_en la, it —
g,L)��Lrjgj)hcation LsLtficLc,,x.htjjiL This p,,iragl,
I 1(1), shall survive thc cxpiration or termination Of any or all agiccriient, th',t C_( f
rtrmxtictor
has with the De " l jit,including this AgL��jLicnt,as long,as Comr.ac-M has possession
_R1 I Lil_pj_
or control oFany L)r(.)
Ltcd—ected
Informat'
e 1.)(Lpa r anct for (;Sgj -iding In"
_Uj,,icjqr upon recjue�t by set e
tmegj,� may provide �issiSL'
rUILICSt to
D. General Requirements
1. In the event of an flCtU'd Or SUSpectecl breach involving
—c 60
in n
-hall prompth rioLicy the pr it SLorcd I Im
y (LI
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957
TO SHOW THEIR AGREEMENT, the parties have caused this at-Ag=W--S—rat to be executed
by their undersigned, duly authorized representatives on the dates below.
Contractor Texas Department of Housing and
Community Affairs
By:
Printed Name: Printed
Title:- D I 00')b Q"' C-t to AA
Date: / C J % Date:_
March 23, 2022 version
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 F13131 2135957 EXHIBIT "A"
to Agreement with
DoctiSign Envelope ID:D46F709B-E68D-4879-1327D-EF33BFF9175C The Salvation Army oft e Coastal Bend
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
SECOND AMENDMENT TO
CONTRACT NUMBER 63226070008
WITH
City of Corpus Christi,
a political subdivision of the State of Texas
This Second Amendment FY 2022 Homeless Housing and Services Program General Set-Aside
Contract Number 63226070008("Second Amendment") by and between the Texas Department of Housing
and Community Affairs,a public and official agency of the State of Texas("Department"),and City of Corpus
Christi, a political subdivision of the State of Texas (""Subrecipient"), hereinafter collectively referred to as
"Parties", is executed to be effective on the date provided herein.
RECITALS
WHEREAS, on July 6, 2022 and July 6, 2022, the Department and Subrecipient, respectively,
respectively, executed the FY 2022 Homeless Housing And Services Program General Set-Aside Contract
Number 63226070008 to be effective on September 1,2021 ("Contract"); and
WHEREAS, on September 23, 2022 and September 23, 2022, the Department and Subrecipient,
respectively, executed that certain First Amendment to FY 2022 Homeless Housing and Services Program
General Set-Aside Contract Number 63226070008 ("First Amendment")to be effective on September 23,
2022; and
WHEREAS, in accordance with Section 11 of the Contract and 10 TAC §7,4(e), the Department has
authority to amend the Contract accordingly; and
WHEREAS,the Parties desire to amend the Contract in the manner provided herein below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged,the Parties agree as follows:
1. The "Budget" attached as Exhibit B to the Contract is hereby deleted and replaced in its entirety
with the"Budget"consisting of one(1) page attached as Attachment#1 to this Second Amendment
to be effective on the date executed by all parties. The Uniform Grant Management Standards
continue to apply to this Contract.
2. All of the remaining terms of the Contract shall be and remain in full force and effect as therein
set forth and shall continue to govern except to the extent that said terms conflict with the terms
of this Second Amendment. In the event this Second Amendment and the terms of the Contract
as amended by the First Amendment are in conflict, this Second Amendment shall govern, unless
it would make the Contract void by law.
3. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
Contract.
Second Amendment to WISP Contract Number 63226070008 Page 1 of 4
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monveiUnEnvelope ID:u^ap/oeufEOoe4xro'euro-sFmouppa17nC
4. This Second Amend me nt maybe executed in several counterparts,each of which sha I I be deemed
to be an original copy, and all of which together xhoU constitute one (1) agreement binding on
Parties, notwithstanding that all the Parties shall not have signed thesamecounterpart.
5. If any of the Parties returns a copy by facsimile machine or electronic transmission, the signing
party intends the copy of its authorized signature printed by the receiving machine or the
electronic transmission tobaits original signature.
6. By signing this Second Amendment, the Parties expressly understand and agree that its tenms
shall become a part of the Contract as if it were set forth word for word therein!.
7. This Second Amendment shall be binding upon the Parties hereto and their respective successors
and assigns.
8. This Second Amendment shall be effective on thed�atc(s) provide herein.
SecondAmendmcnttoHH3PContract Numbcr632Z607O003 Page 2of4
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 F13131 2135957
DocuSign Envelope ID:D46F709B-EO8D-4879-B27D-EF33BFF9175C
AGREED TO AND EXECUTED BY:
SUBRECIPIENT:
City of Corpus Christi,
a political subdivision of the State of Texas
D USogn.d by:
b[AJA SkWAYf
By: DA 9DD?W91924a3
Name: Linda Stewart
Title: Director Neighborhood Services
Date: 2/2/2023 1 6:13:53 PM CST
THIS CONTRACT,AS AMENDED, IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF
THE TEXAS DEPARTMENT AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE.
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
Doc"Sig-d by:
By: P/1
Name: AbigailVersvp
Title: ),t�py2p�l� IWR
4fiW or representative
Date: CST
Seconcl Amendment to HHSP Contract Number 63226070008 Page 3 of 4
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 F13131 2135957
DocuSign Envelope ID:D46F709B-EO8D-4879-B27D-EF33BFF9175C
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERALREVENUE
SECOND AMENDMENT TO
CONTRACT NUMBER 63226070008
WITH
City of Corpus Christi,
a political subdivision of the State of Texas
ATTACHMENT#1
EXHIBIT B
City of Corpus Christi,
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
Additional funds may be obligated via Amendment(s) during the Contract Term. Funds may only be
obligated and expended during the current Contract Term, and reported during the Close-Out Process.
Unexpended fund balances will be recaptured.
L BUDGET FOR AVAILABLE ALLOCATIONS
ADMINISTRATION $ 0.00
CASE MANAGEMENT SALARY $ 0.00
CONSTRUCTION/REHABILITATION/CONVERSION $ 0.00
ESSENTIAL SERVICES $ 0.00
FINANCIAL ASSISTANCE-HOMELESS $ 0,00
ASSISTANCE
FINANCIAL ASSISTANCE- HOMELESSNESS $ 0.00
PREVENTION
OPERATIONS $195,606D0 DS
TOTAL FUNDS AWARDED $ 195,606.00
11, FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before
the Department will make any adjustments to the budget categories. Only those written request(s) from
the Subrecipients received at least thirty (30) calendar days prior to the end of the Contract Term will' be
reviewed. The Department may decline to review written requests received during the final thirty (30)
calendar days of the Contract Term.
Seconci Amendment to HISP Contract Number 63226070009 Page 4 of 4
000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7
nun"mgoEnvelope m�zoae78nv-4pom-4Fo2A67
TEXAS DEPARTMENT OFHOUSING ANQQO[0K8UN|TYAFFAIRS
FY2022TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERALREVE0UE
CONTRACT NUMBER G9226g7V008
WITH
City ofCorpus Christi,
apolitical subdivision ofthe State oYTexas
SECTION 1. PARTIES TOTHE CONTRACT
This 2022 Texas Homeless Housing and Services Program (^HHSP°) Gewes| Set`Asi6e Contract Number
63226070008(''[on1ract'^) is made by and between the Texas Department ofHousing and Community
Affairs, a public and official agency of the State of Texas ('`Department"), and City of Corpus [hrisd^ a
political subdivision ofthe State ofTexas (°Suhrecipiem1''), hereinafter the"Partleo"
SECTION 2. CONTRACT TERM FOR PERFORMANCE AND CLOSE-OUT PROCESS
This Contract shall commence on September 1, 2021, and, unless earlier terminated as provided herein,
terminate as follows: (I) the SubrociVien1 is permitted to incur allowable expenses under this Contract
until February 28, 2023 ("Contract Term"),and (2)the Department's obligations under the Contract upon
the completion nfSu&recipiemt's performance shall end on May 14^ 2023, and is conditioned on the
Subrecipient's successful completion of the terms herein ("Close-Out Process").
SECTION 3. SU8MEOP|ENTPERFORW0AN[E
A. Subrecipient agrees to administer HHSP award in accordance with, but not limited to, Section
2@O6.2686ofthe Texas Government Code (~StateAcL")' the implementing rules under Title IU,
Part 1, Chapter 1, Chapter 2, and Subchapters A and B of Chapter 7, of the Texas Administrative
Code (''NHSP State Rules"), and representations made as part of the Previous Participation and
Executive Award Process, aydefined iothe HNS9State Rules.
B. Smbrecipient agrees to pe/form all activities in accordance with the terms of the Performance
Statement attached hereto asExhibit Aand the Budget attached hereto asExhibit B.Subrec|pient
further agrees to comply with the Certification Regarding Lobbying for Contracts, Grants, Loans,
and Cooperative Agreements attached hereto as Addendum A;the Certification Regarding Drug-
Free Workplace Requirements attached hereto as the Certification Regarding
Debarment, Suspension and Other Responsibility Matter attached hereto as Addendum C; the
PRVVORA requirements attached hereto as and the assurances, certifications, and
all other statements made by Su6cecipient in its application for the project funded under this
Contract, and with all other terms of this Contract. All exhibits and mdJendums are attached
hereto and incorporated herein for all relevant purposes.
City^rCorpus Christi
63226070008 �
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muovmmnEnvelope ID:ooaoToaa-4Fs
C. Except for changes that are required because of changes described in Section 11(A) ofthi:s
Contract, orasotherwise specifically described in this Contract, Swhrecipient shall implement
HHSP in accordance with the requirements of the HHSP State Rules in effect on June 11, 2020.
U. Performance related to established targets will be reported by SubreCipient in the HHSP Monthly
Performance Report and meeting targets may be considered forfuture funding opportunities with
the Department.
E. All funds must be fully expended within the Contract Term and reported within the Close-Out
Process in accordancewith all Exhibits and Addenclums of this Contract,The Department reserves
The right to request an Expenditure plan if it appears funds will not be expended within the
Contract Term atthe Department's reasonable discretion.
F. Su6redpient activities related to construction, rehabilitation, or conversion of a building or
buildings may require that Subrecipient enter into a Land Use Restriction Agreement ("LURA") in
accordance with 1OTAC W.3.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subredpient's satisfactory performance of this Contract, Department may
reimburse Subrecipient for the actual,allowable, and approved costs incurred by Subrecipient in
the amount specified in,the Budget, attached hereto as'Exhibit B.
B. The Contract shall not be construed as creating debt on behalf qfDepartment in violation of
Article ||K, Section 48a ofthe Texas Constitutiom. Department's obligations under this Contract
are contingent upon the actual receipt and availability by the Department of adequate HHSP funds
from the legislature. If sufficient HUSP funds are not available to make payments under this
Contract, Department may notify Subrecipient in writing within a reasonable time after such fact
is determined. Department shall then terminate this Contract and will not be liable for the failure
tomake any payment tmSubrecipientunder this Contract.
C. Department isnot beliable for any cost incurred bySubrecipimntwhich:
1) has been reimbursed to 5ubrecipient or is subject to reimbursement to Subrecipient by
any source other than Department;
2) innot a,||pvvab|ecosts, asset forth in the provisions ofthe State Act and the HHSPStute
Rules and Section 8(8)vfthis Contract;
3) is not strictly in accordance with,the terms nfthis Contract, including the Exhibits;
4) has not been reported to Department within the Close-Out Process of this Contract;or
5) isnot incurred during the Contract Term.
City u,Corpus Christi
»azzaum000 2
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mo*vtigmEnvelope ID:zonnraz+*psB'4mau+\ nn-oo*o*mpczaor
D. Department reserves the right to obligate additional funds or deobligate fund's and may notify the
5ubrecipientinwriting ofits decision. Department may consider such factors as the ability tnuse
grant funds under the HHSP State Rules in a timely manner or Subrecipient's overall compliance
with the terms ofthis Contract.
E Department shall not bmobligated to pay Subnecipiemtfor any costs incurred bySubrecipient
which are not allowable costs.
F. Notwithstanding any other provision of this Contract, the total of all payments and other
obligations incurred by Department under this Contract shall,not exceed the sum of one hundred
ninety-five thousand six hundred six DOLLARS($1g5,606.00).
G. Notwithstanding any other provision of this Contract' Department shall only be liable to
Subredpient for allowable costs actually incurred or performances rendered for activities
specified |nthe HNSPState Rules.
SECTION S. METHOD OF PAV&*ENT/CA8HBAU\NCE5
A. PISBURSEMENT PROCEDURES, Subrecipient shall establish procedures to minimize the time
between the transfer offunds from Department to Subrecipiemt and the disbursement nfsuch
funds bySubrecipient.
B. METHOD OF PAYMENT. Svhrecipientw/l|| use a Cost Reimbursement method of payment for all
funds whereby reimbursement of costs incurred by m Subrecipient is made only after the
Department has reviewed and approved backup documentation provided by the Subrecipient.
C. ALLOWABLE EXPENSES. All funds paid 1mSubrecipientpursuant tnthis Contract are paid in trust
for theexclusive benefit of the eligible Program Participants of HHSP services and forthe payment
ofallowable expenditures.
D. DffS{]. Atits sole discretion, Department may offset orwithhold any amounts otherwise
owed to Suhrecipien1 under this Contract against any amount owed by Subrecipien1 to
Department arising under this Contract.
E. RE]F]«UlSu6recipient shall refund to the Department any funds which Department
determines has not been spent strictly in accordance with the terms of this Contract.Subrecipient
shall make such refund no later than the date specified in the notice that repayment is required,
but if no date is specified within five (5) business days in accordance with 10 TAC§1.21(e).
SECTION 6. COST PRINCIPLES, ADMINISTRATIVE REQUIREMENTS,AND AUDIT REQUIREMENTS
A. COST PRINCIPLES, ADMINISTRATIVE REQUIREMENTS. Except as expressly modified by law or the
terms of this Contract, Subrocipient shall comply with the cost principles and uniform
City^,Corpus Christi
as000r0000 3
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administrative requirements set forth in Chapter 783 ofthe Texas Government Cod* and the
Texas Grant Management Standards (34 TAC§20,421)("TXGMS"),All references therein to"local
government"shall beconstrued tnmean Subredpiemt.
B. AUDIT REQUIREMENTS. In accordance with 10 TAC §1.403(e), if Subrecipiemt expends Seven
Hundred Fifty Thousand and No/100 Dollars ($750,000.00) or more in state awards, or has an
outstanding loan balance associated with state resources of Seven Hundred Fifty Thousand and
No/100 Dollars ($750,000.00) or more with continuing compliance requirements, o/ a
combination thereof,must have a Single Audit.Subrecipient agreesto compl'ywith any applicable
TXGMS updates that may be released during the Contract Term. Updates to XGMS may be fou,nd
this website: https:Hcomlptroller.texas.gov/purchasing/grant-rnanagement/.
C. AUDIT REVIEW. Department reserves the right to conduct additional audits of the funds received
and performances rendered under this Contract.Subrecipient agrees to permit Department or its
authorized representative to audit Subrecip|emt's records and to obtain any documents,
materials, wrinformation necessary tufacilitate such audit.
O. AUDIT CERTIFICATION FORM. For any fiscal year ending within mrimmediately after the Contract
Term, Subrecipient miust submit an "Audit Certification Form" (available from the Department)
within sixty (60) days after the Subrecipient's fiscal year end. If the Subrecipient's Single Audit is
required by CFR Part 200, Subpart F, the report must besubmitted tothe Federal Audit
Clearinghouse ("FAC")the earlier of thirty(30) calendar days after receipt of the auditor's report
or nine (9) months after the end of its respective fiscal year. As noted in 10 TAC §1.403(O'
5ubreciplent is required to submit a notification to Department within five (5) business days of
submission tothe FAC.Along with the notice, indicate ifthe auditor issued amanagement letter.
If there is o management letter, a copy of the letter must be sent to the Department. Both the
notice and! the copy of the management letter, if applicable, must be submitted to
-
E STATE AUDITOR'S Pursuant to Section 2262.154 mfthe Texas Government
Code,the state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under any contract or indirectly through a subcontract under the Contract.The
acceptance of funds by the Subrecipient or any other entity or person directly under the Contract
or indirectly through a subcontract under the Contract acts as acceptance of the authority of the
state auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. Under the direction of the legislative audit
committee,the Subrecipient or other entity that is the subject of an audit or investigation by the
state auditor must provide the state auditor with access to any information the state auditor
considers relevant to the investigation o/ audit. SmbredpientshaU ensure that this paragraph
concerning the authorityto audit funds received indirectly by subcontractors through the contract
and the requirement tncooperate isincluded ioany subcontract itawards.
City mCorpus cm/,n
63226070008 4
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F. SUBCONTRACTS. Subreclpient shall include language lnany subcontract oroubgrantthat provides
the Department the ability to directly review, monitor,and/or audit the operational'and financial
performance and/or records ofwork performed under this Contract.
SECTION 7. TERMINATION AND SUSPENSION
A. TERMINATION. Pursuant to 10 TAC Chapters 2 and 7,Department may terminate or suspend this
[mnTruri, in whole or in part, at any time Department determines that there is cause for
termination. If Subrecipient fails to submit within forty-five(45)calendar days of its due date,any
report in accordance with 10 TAC §7.5 or responses to monitoring reports, Department may, in
its sole discretion, suspend payments, place SubredpiemtomCost Reimbursement method of
payment, and initiate proceedings tmterminate any active Contract, In accordance with 10 TAC
§I202(b)(6), cause for termination includes, but is not limited to, fraud, waste, abuse, fiscal
mismanagement, orother serious Findings inthe Subrecipien1"xperformance. Department may
suspend nrterminate this Contract, or invoke other remedies imthe event monitoring orother
reliable sources reveal material deficiencies inSubnedpimnt's performance orifSubnacipientfails
to correct any deficiency within the time allowed by federal or state law or regulation, or by the
terms ufthis Contract.
D. SUSPENSION. Nothing in this Section shall be construed to limit Department's
withhold payment and immediately suspend this Contract if Department identifies possible
instances of fraud, abuse, waste, fixcaU mismanagement, or other defidemdeo in Subrecipient's
performance. Suspension shall be a temporary measure pending either corrective action by
5ub/ecipientoradecision byDepartment toterminate this Contract.
C. DEPARTMENT LIABILITY. Department shall not be liable for any costs incurred bySubrechpient
after termination ofthis Contract o/for any costs that are disallowed.
D. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of
termination orsuspension, 5ubmadpientshall not be relieved of any liability to Department for
damages by virtue of any breach of this Contract by Subrecipient. Department may withhold any
payment due to Subrecipient until such time as the exact amount of damages due to Department
isagreed upon nrinotherwise determined inwriting between Parties.
E. FUNDS, Upon termination of this Contract, all funds remaining on band on the date of
termination, and all accounts receivable attributable to the use offunds received under this
Contract shall transfer heck to Department. Subredpieni shall return the remaining funds to
Department within sixty(GO) calendar days after the date this Contract terminates.
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SECTION 8. ALLOWABLE EXPENDITURES
A. The allowability ofSubredpiemt's costs incurred in the performance of this Contract shall be
determined inaccordance with the provisions ofthe State Act and the NHSPState Rules, subject
tothe limitations and exceptions set forth inthis Contract.
B. HHSP General Revenue funds may be used for administrative activities as well as allowable
expenditures under this Contract, to include activities outlined in 10 TAC §7.21, provided
5ubecip[ent receives prior written approval from the Department.
SECTION 9. RECORDKEEP!NG REQUIREMENTS
A. GENERAL. Subrecipient shall comply with all the recordkeeping requirements set forth below and
shall maintain fiscal and programmatic records and supporting documentation for all
expenditures offunds made under this Contract in accordance with the TXGK4S. Subrecipiemt
agrees to comply with any changes to theCKGK4S rmcordkeeping requirements and 10 TAC §7.8.
For purposes of compliance monitoring, all associated documentation must be readily available,
whether stored electronically or hard copy to demonstrate compliance with Smbrecipient
Performance osoutlined imSection 3.
B. WRITTEN POLICIES AND PROCEDURES. Subrecipient must have written poUlc|esand procedures
to ensure that sufficient records are established and maintained to enable a determination that
HHSP requirements are being met. The written standards must be applied consistently for all
Program Participants. The written standards must include, but are not limited to Inclusive
Marketing aoidentified inIOTAC§7.1O.
C. PROGRAM PARTICIPANT FILES. In accordance with 10 TAC §7.Z8(g), Subrecipicmtshall maintain
Program Participant files, for non-emergency activities providing direct subsidy to m Program
Participant regardless if the client is directly receiving the funds, that contain the following:
1) An NN5P Intake Application including an area for execution by all adult Household
menmbmrs (which may include an electronic signature)' certifying the validity of
information provided and an area to identify the staff person completing the intake
application, and must provide a space for applicants to indicate if they are a veteran as
required by Section 434,212 of the Texas Government Code. In addition, the application
must include the following statement: "Important Information for Forme/ Military
Services Members, Women and men who served in any branch of the United States
Armed Forces, including Army, Navy, Marines, Coast Guard, Reserves or National Guard,
may be eligible for additional benefits aind services. For more information please visit the
Texas Vetera,noPortal ai
2) Certification whereby the Applicant certifies whether they meet the definition of
Homeless or Homeless Individual or At-risk of homelessness pursuant to 10 TAC§7.2.The
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certification must include the Program Participant's signature or legally identifying mark
(which may include amelectronic s[gnuture);
3Documentation which demonstrates that the Program Participant meets income
eligibility, if applicable, or, if proof of income is unobtainable, a Declaration of Income
Statement aodefined in1OTAC g7.2;
4} Documentation of recertification, as applicable, including income eligibility and that the
Program Participant lacks sufficient resources and support networks necessary to retain
housing without assistance;
5) Documentation of determination of ineligibility for assistance when assistance is denied.
Documentation must include the reason for the determination of ineligibility;
6) Copies of all leases and rental assistance agreements for the provision of rental
assistance, documentation of payments made to owners for the provision of rental
assistance, and supporting documentation for these payments, including dates of
occupancy byProgram Participants;
7) Documentation of the monthly allowance for utilities used to determine compliance with
the rent restriction; and
8) Documentation that the Dwelling Unit for Program Participants receiving rental
assistance complies with the Housing Standards in 10 TAC §7.29' Shelter and Housing
Standards.
D�. ACCESS TO RECORDS. Subrecipient shall give the U.S.General Accounting Office,the Department,
the Auditor of the State of Texas,the Comptroller of the State of Texas,the HHS Office of Inspector
General, the Comptroller General of the United States, or any of their duly authorized
representatives, access to and the right to examine and to copy, on or off the premises of
Subrecipient, all records pertaining to this Contract.Such right to access shall continue as long as
the records are retained bySub/edpient.Subrecipiemtagrees tocooperate with any examination
conducted pursuant to this Subsection D. Subrecipient agrees to maintain such records in an
accessible location.
E. RECORD RETENTION. Records regarding Program Participant eligibility shall be retained by
Subrecipient for a period of five (5) years. Activities that require a LURA, must maintain the
records until the expiration; of the LURA. All other records pertinent 1othis Contract shall be
retained by Subrecipient for a period of three (3) years that starts on the day the Single Audit is
due or vvnu|d be due if the Single Audit requirements are not triggered, except if any litigation,
claim, negotiation,audit, monitoring,inspection orother action has started before the expiration
of the required record netondmm period. In this case, records must be retained until completion
of the action and resolution of all issues which arise from it or until the end of the required
recnrdkeepingperiod asdescribed herein,whichever|nUater.
F. OPEN RECORDS. Suhreclplent acknowledges that all information collected, assembled, or
maintained by Subrecipient pertaining tothis Contract, except records made confidential by law,
is subject to the Texas Public Information Act(Chapter S52 of Texas Government Code)and must
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provide citizens, public agencies, and other interested parties with reasonable access to all
records pertaining to this Contract subject to and in accordance with the Texas Public Information
Act. Subrecipient understands that the Department will complywith the Texas Public Information
Act (Chapter 552 ofthe Texas Government Code) as interpreted by judicial rulings and opinions
of the Attorney General of the State of Texas. Information, documentation, and other material in
connection with this Contract may he subject to public disclosure pursuant tothe Texas Public
Information Act. In accordance with Section 2252.907 of the Texas Government Code'
Subrecipient is re�uired to make any information created or exchanged with the State pursuant
to the Contract, and not otherwise excepted from disclosure under the Texas Public Information
Act, available in a format that is accessible by the public at no additional charge to the State,
G. SUBCONTRACTS. Subredpient shall include the substance of this Section 9 in all of its
subcontracts and sub8ramts.
SECTION 10^ REPORTING REQUIREMENTS
k DATA COLLECTION. In accordance with 10 TAC §7.6, SuUredpient must ensure that data on all
persons served and all activities assisted under Homeless Programs is entered into the applicable
NK4|S,or HK4|S'comporab|edatmbase for domestic violence nrlegal service providers.
G. REPORTING COMPLIANCE. Suhrmcipient shall submit to Department such reports on the
performance of this Contract as may be required by Department including, but not limited to,the
reports specified in this Section, Subrecipient represents and warrants that it will submit timely,
complete,and accurate reports in accordance with the Contract and maintain aippropriate backup
documentation tosupport the reports.
C. MONTHLY REPORTS. In accordance with 10 TAC §7.5(b), Subreci,pient must submit a Monthly
Performance Report and a Monthly Expenditure Report through the Contract System not later
than the last day sfeach month which reflects performance and expenditures conducted in the
prior month.
D. BIENNIAL REPORTING. In accordance with 10 TAC §7.5(h)(2), HHSP SubredpiuntwiU| submit
information to the Department for biennial reporting tnthe Texas Legislature.
E. CONSTRUCTION ACTIVITIES. In accordance with 10 TAC §7.3, ifSubrmc|picmt intends to expend
funds for new construction, rehabilitation, or conversion,Subrecipient must submit a copy of the
activity budget inclusive of all sources and uses of funding, documents for m construction plan
review, and identification of the entity and signature authorization of the individual (name and
title) that vviU| execute the LURA. These documents must be submitted no less than ninety (90)
calendar days prior to the end of the Contract Term under which, funds for the activity are
provided.
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F. FINAL INSPECTION REPORT. A Subrecip|evt must request a final construction inspection within
thirty (30) calendar days of construction cnmp|mtion. The inspection will cover the Shelter and
Housing Standards,Uniform Physical Construction Standards,2015 International Residential Code
(or municipality adopted later version), Miiniwnum Energy Efficiency Requirements for Single
Family Construction Activities, and the Accessibility Standards in Title 10, Part 1^ Chapter 1,
Subchapter B, of the Texas Administrative Code,as applicable for the activity.
G. PISASTER RECOVERY PLAN. Upon request of the Department, Subrecipiemt shall provide
copies ofits most recent business continuity and disaster recovery plans.
^
SECTION 11. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. Any change,addition mrdeletion iothe terms
of this Contract required by a change in federal or state |avv or regulation is automatically
incorporated herein and is effective on the date designated by such law or regulation without the
requirement ofawritten amendment hereto. Said changes, additions, or deletions referenced
under this Subsection A of Section 11 may be further evidenced by a written amendment.
B. GENERAL. Except asspecifically provided otherwise in this Contract, any changes, additions, or
deletions to the terms of this Contract shall be in writing and executed by both Parties to this
Contract.
C. FACSIMILE SIGNATURES. |fany Party returns anexecuted copy 6yfacsimile machine orelectronic
transmission, the signing party intends the copy of its authorized signature printed by the
receiving machine mrthe electronic transmission,tn he its original signature.
D. REQUESTS. Amendment requests may be considered at the discretion of the Department in
acco/dancewith 1UTAC§7.4(e).
SECTION 12. PROGRAM INCOME
A. |naccordance with l0TAC§7.25,program income includes but isnot limited to:income from fees
for services performed, the use or rental or real or personal property acquired under this award,
the sale ofcommodities oritems,fabricated under this award,license fees and royalties onpatents
and copyrights, and principal and interest on loans made with this award. Security and utility
deposits paid should be e grant tothe Program Participant and are not considered program
income if they remain with the Program Participant, and are returned only to the Program
Participant.
B. Program income that is received during the Contract Term must be used for allowable
expenditures asdescribed inSection 8ufthis Contract,
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C. Program income that is received after the Contract Term, or not expended within the Contract
Term must be returned to the Department within ten (10)calendar days ofreceipt.
SECTION 13. INDEPENDENT CONTRACTOR
It is agreed that Department is contracting with Subrecipient as an independent contractor.To the extent
authorized by law, Subrecipiemt agrees to indemnify Department against any disallowed costs mrother
claims which may be asserted by any third party in connection with the services to be performed by
Subnedpientunder this Contract.
SECTION 14. PURCHASE AND PROCUREMENT STANDARDS
Su6reciPiant shall comply with TXGIVIS, 10 TAC §1.404, this Contract, and all applicable state, and local
laws, regulations, and ordinances for making procurement transactions and purchases under this
Contract.
SECTION 15. SUBCONTRACTS
A. Subrecipient may not subcontract the primary responsibilities of this Contract, including but not
limited to expenditure and performance reporting and drawing funds through the Department's
systems, and only may enter into properly procured contractual agreements for consulting and
other professional services ifSubrccipienthas received Department's prior written approval.
B. Subrecipient may subcontract or subgrant for the delivery of client assistance without obtaining
Deportment's prior approval. HH5P Subrecip|ent is responsible for ensuring that subcontractors
and subgrantees adhere to the same program requirements and regulations as apply to the
Sub/edpientindwding. but not limited to having documentation that Sub/ecipiemtchecked the
appropriate federal and state records for debarred and suspended parties imaccordance with
TXGIVIS .Subrecipient must have processes and procedures in place to monitor subcontractors or
oubg,antees. Sobrecipeint represents and warrant that it will monitor the activities of the
su6recipien1 as necessary to ensure that the subavvard is used for authorized purposes, in
compliance with applicable statutes, regulations, and the terms and conditions of the subaward,
and that subaward performance goals are achieved,Any subcontract or subgrant for the delivery
of client assistance will be subject to monitoring by the Department pursuant to 10 TAC§7.1L
C. In accordance with 10 TAC §73(b), Subrecipienit will notify the Department and provide contact
information for subgrants or subcontractors within thirty (30)calendar days of the effective date
of subcontract, Contact information for the entities with which the Gubnedpiemt suhgramLs or
subcontracts must be provided to the Department, including: organization name, name and title
of authorized person who entered into the subgramt or subcontract, phone number, e-mail
address, and type of services provideJ.
D. In no event shall any provision of this Section 15 be construed as relieving 5ubrecipimnt of the
responsibility for ensuring that the performances under all subcontracts and subOramts are
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rendered so as to comply with all of the terms of this Contract,as if such performances rendered
were rendered by Subrecipient. Department maintains the right to monitor and require
Subrecipient's full compliance with the terms of this Contract. Department's approval under this
Section does not waive any right ofaction which may exist or which may subsequently accrue to
Department under this Contract.
E. Subrecipient represents and warrants that it will maintain oversightto ensure that subcontractors
perform in accordance with the terms, conditions, and specifications of their contracts or
purchase orders.
SECTION 16. MANAGEMENT[>FEQUIPMENT AND INVENTORY
A. In accordance with 10 TAC §1.407, Subrecipient shall submit to Department no later than forty-
five (45) calendar days after the termination of this Contract a cumulative inventory report of all
real property and equipment acquired in whole or in part with funds received under this Contract
or previous H'HSP contracts, Upon the termination of this Contract, Department may demand the
transfer of title to any equipment to the Department or to any other entity receiving HHSP funds
from the Department.
B. When the Subrecipient no longer needs equipment purchased with HHSP grant funds, regardless
of purchase price,or upon the termination of this Contract,Department may take possession and
demand the transfer oftitle to any such property or equipment to the Department or to a third
party or may seek reimbursement from Suhrmcip[ent of the current unit price of the item of
equipment, in Department's sole determination. Subrecipient must request permission from the
Department to transfer title or dispose of equipment purchased with HHSP grant funds.
SECTION 17. TRAVEL
6vbredpienL shall abide by travel policies that adhere to UGM5 and the State of Texas travel rules and
regulations found on the Comptroller ofPublic Accounts website at for any travel
funded bVthis Contract either directly mrindirectly.
SECTION 18. BONDING AND INSURANCE REQUIREMENTS
A. INSURANCE REQUIREMENTS. Notwithstanding hereinabove, Suhrcclpientisase[ffundodentity
in accordance with Chapter 2259 of the Texas Government Code subject to statutory tort |am/x
and, as such, generally, it does not maintain commercial general liability insurance and/or
worker's compensation claims.
B. Smbredpiemtmust comply with the bond requirements Articles 2252^
22S3, and 5160 of Texas Civil Statutes, and §2S2.044 and Section 262.032 of the Local
Government Code. If Subrecipient will enter into a public works contract with a third-party in the
amount of Fifty Thousand and No/100 Dollars($50,000.00)or greater,Subreciplent must execute
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with the contractor o payment bond in the full amount of the contract. If the Subreclpient will
enter into a contract with o prime Contractor in excess nfOne Hundred Thousand and No/100
Dollars ($100'000.00), a performance bond in the full amount of the contract is also required.
These bonds must be executed by a corporate surety authorized to do business in Texas, a list of
which may beobtained from the State Insurance Department.Such assurances mfcompletion will
runtotheDepartmnentasobUgumandmustbedocwmentmdpdortothestartofconstructimn.This
bonding requirement applies as set forth in 10 TAC §1.405 and to the extent required by federal
or state law.
SECTION 19. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a court or
administrative agency against Subrecipient arising out of the pedormamce of this Contract or any
subcontract or smbXrant hereunder. Swbrncipient shall furnish to Department copies of all pertinent
papers received hySubrecipiemtwith respect tosuch action orclaim.
SECTION 20. TECHNICAL ASSISTANCE AND MONITORING
A. Department may issue technical guidance tmexplain the rules and provide directions omterms mf
this Contract.
B. Department or its designee may conduct periodic on-or off-site monitoring and evaluation of the
efficiency, economy, and efficacy ofSuhrecipient'u performance of this Contract in accordance
with the HHSP State Rules. Department will advise Iubrecipient in vvridm8 of any deficiencies
noted during such, monitoring. Department will suggest orrequire changes imSwbnedp\ent~s
program implementation or in Subrecipient'n accounting, personnel, procurement, and
management procedures in order to correct any Observations,Concerns,or Findings, Department
may conduct follow-up visits to review and assess the efforts5ubredpinmt has made to correct
previous|y-noted Observations,Concerns, orFindings.
SECTION 21. LEGALAUTH{)R|TY
A. LEGAL AUTHORITY. Subnecipinmt assures and guarantees that it possesses the legal authority to
enter imto this Contract, to receive and manage the funds authorized by this Contract, and to
perform the services So6recipienL has obligated itself to perform hereunder. The execution,
delivery, and performance ofthis Contract will not violate Subredplent'yconstitutive documents
or any requirement tuwhich 6wbrecipient is subject and represents the legal, valid, and binding
agreement ofSubrecipient, enforceable in accordance with its terms.
8. . Suhredpiemt is and will continue to remain organized,
vaVidly existing and in good standing under the laws governing its creation and existence,and will
continue to be duly authorized and qualified to transact any and all applicable business
contemplated hereunder in the State of Texas. Subrecipiemt possesses and will continue to
possess all requisite authority, power, licenses,permits and franchises to conduct its business and
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to execute,deliver and comply with its obligations under the terms of this Contract,the execution,
delivery and performance of which have been or will be duly authorized by all necessary action.
C. SIGNATURE AUTHORITY. The person signing this Contract on behalf ofSuhrecipimnt hereby
warrants that he/she has been duly authorized bySubrecipiemts governing body toexecute this
Contract on behalf ofSubredp|ent and tovalidly and legally bind Sobredp|entlo the terms,
provisions and performances herein.
D. Department shall have the right toterminate this Contract ifthere isa
dispute as to the legal authority ofeither Smbruc|pient or the person signing this Contract on
behalf of Sobrechpient to enter iinto this Contract or to render performances hereunder.
Subredpient is liable to Department for any money it has received from Department for
performance of the provisions of this Contract, if the Department has terminated this Contract
for reasomsenumerated inthis Section 21.
E. Subrecipient understands that it is an event of default under this Contract if
the Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails to maintain good
standing in the State of Texas, and such is not cured prior to causing material harm to
Subredmient'sability twperform under the terms ofthis Contract,
SECTION 22. COMPLIANCE WITH LAWS
A. FEDERAL, STATE AND LOCAL LAW, 5ubrmcipientahoU comply with the State Act,the HHSP State
Rules, and all federal,state, and local laws and regulations applicable to the performance of this
Contract, including, but not limited to the program requirements and fair housing laws. In
instances whore multiple requirements apply to Subrecipient, the more restrictive requirement
applies. Upon request by Department, Smbredpient shall furnish satisfactory proof of its
compliance therewith.Subrecipientshall not violate any federal,state,urlocal laws,stated herein
or otherwise, nor commit any illegal activity in the performance of or associated with the
performance ofthis Contract. Nofunds under this Contract shall beused for any illegal activity or
activity that violates any federal, state mrlocal laws.
DRUG-FREE WORKPLACE ACT OF 1988. The Gobredpien| affirms by signing this Contract and the
"Certification Regarding Drug-Free Workplace Requirements" attached hereto as Addendum&that it
isimplementing the Drug-Free Workplace Act of1D88(41USC §7O1e1se4).
B. ° 5ubredpients that interact with program participants
must create u Language Access Plan to provide program applications, forms, and educational
materials in English, Spanish, and any appropriate language, based onthe needs ofthe service
area and in compliance with the requirements in Executive Order 13166 of August 11, 2000. To
ensure compliance,the Subrecipient must take reasonable steps to insure that persons with LEP
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have meaningful access to the program. Meaningful access may entail provid'in8 language
assistance services, including oral and written translation,where necessary.
C. INFORMATION SECURITY AND PRIVACY REQUIREMENTS.
(l) General. Subreclpiemt shall comply with the information security and privacy
requirements under 18 TAC §I24 to ensure the security and privacy of Protected
Information (as said term isdefined under 1OTAC g1.24).
(2) Prior tobeginning any work under
this Contract, Sobreclpiemt shall either (l) have an effective, fully executed |SPA, as
required by 10 TAC§1.24, on file with the Department, or(ii) will execute and submit to
the Department an |5PA in accordance with instructions found on the Department's
website atthe "Information Security and Privacy Agreement" Nwk."
D. AFFIRMATIVE OUTREACH. Subrcdp[entshaHaffirmatively reach out tmpopulations that are least
likely to apply for services osfurther outlined in 10 TAC§710(c)(3).
E. Subredpientshall comply with the Lead-Based Paint Poisoning Prevention
Act,4ZU�.lC. §4821etseq.and Z4CFR Part 35.
F. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. Subredpieut represents and
warrants that it will comply with all applicable standards, orders, or regulations issued pursuant
to the Clean Air Act (42 W.lC. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33U.Sl. 3701-]700)
G. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. Subrecipient represents and warrants
that if this Contract involves construction of a project, it will comply with the requirements of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) for contracts involving
employment, osapplicable.
H. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZATIONS, CHARITABLE TRUSTS,
AND PRIVATE FOUNDATIONS, Smbrecipient napraoemto and warrants that it will comply with
Section 3252.906 of the Texas Government [ode relating to disclosure protections for certain
charitable organizations, charitable trusts, and private foundations.
h. EXECUTIVE HEAD OF A STATE AGENCY AFFIRMATION. |naccordance with Section 869.003 of
the Texas Government [ode' relating to contracting with the executive head of state agency,
Subredpient certifies that |t is not (1)the executive head nfastate agency, (2} a person who at
any time during the four years before the date of the Contract was the executive head of a state
agency, or (3)a person who employs a current or former executive head of a, State agency.
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J. PREVENTION OF TRAFFICKING. Subredpientand its contractors must comply with Section 106(0)
of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.[ §7104 etseq.). If
Subrecipiontor its contractor orsubcontractor engages in, or uses labor recruiters, brokers or
other agents who engage in any of the prohibited activities under Section 106(g)of the Trafficking
Victims Protection Act of 2000,Department may terminate this Contract and Subrecipient hereby
agrees and acknowledges that upon termination, Subrecipient 's rights to any funds shall be
terminated.
K. PROHIBITED EXPENDITURES ON CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES AND EQUIPMENT.
1) General. Pursuant to 2 QFK §200.216, Subredpientand its contractors are prohibited
from using funds under this Contract for equipment, services, or systems that use the
following covered telecommunications equipment orservices osusubstantial oressential
component of any system, or as critical technology as part of any system, in accordance
with Section 889nfPublic Law 115-232 (National Defense Authorization Act 2019):
a) Telecommunications equipment produced byHumvveiTechnologies Company or
ZTECorporation (or any subsidiary oraffiliate ofsuch entities.
b) For the purpose of public safety, security of government fad||de4 physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvisiom Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities).
c) Telecommunications o/ video surveillance services provided by such entities or
using such equipment.
d) Telecommunications orvideo surveillance equipment or services produced or
provided by on entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to,the government ofmcovered foreign country.
2) Subcontracts. Subrccipiemt must incorporate this prohibition in any contract and require
its contractors Luincorporate this requirement into any contract.
L.
1) Smbmecipient represents and warrants its compliance with Section 2054.5191 or
2054.5192 of the Texas Government Code relating to the cybersecurity training program
for local government employees who have access to a local government computer system
or database.
2) USubrecipient has access to any state computer system or database, Smbreoipiem1 shall
complete cybersecurity training and verify completion of the training program to the
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Department pursuant to and in accordance with Section 2054.5192 of the Government
Code.
KA. PISCLOSURE OF VIOLATIONS OF FEDERAL CRIMINAL LAW. Subrecipiem( represents and
warrants its compliance with 2CFR§ZOO.113which requires the disclosure inwriting ofviolations
of federal criminal |avv involving fraud, bribery, and gratuity and the reporting of certain civil,
criminal, mradministrative proceedings toSAM.
N. PISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZATIONS,-CH:ARIABLE TRUSTS,AND
PRIVATE FOUNDAT11ONS. Swbredp|mnt represents and warrants that it will comply with
Section 2252.906 of the Texas Government Code relating to disclosure protections for certain,
charitable organizations, charitable trusts, and private foundations.
O. . Sobredpiemtrepresents and warrants that itwill
comply with the requirements of Section GOOZ of the Solid Waste Disposal Act (Chapter 361 of
the Texas Health &Safety Code,formerly Tex. Rev.Civ.Stat.Ann.Art.4477-7),asamended 6ythe
Resource Conservation,and Recovery Act.
SECTION 23. PREVENTION OFWASTE, FRAUD,AND ABUSE
A. Subrecipimntshall establish, maintain, and utilize systems and procedures to prevent,detect,and
correct waste, fraud, and abuse in activities funded under this Contract. The systems and
procedures shall address possible waste,fraud, and abuse by Subrecipient, its employees,clients,
vendors,subcontractors and administering agencies.Subrecipient's internal controls systems and
all transactions and other significant events are to be clearly documented,and the documentation
istohereadily available for monitoring byDepartment,
B. Subrecipient shall give Department complete access to all of its records, employees, and agents
for the purpose of monitoring or investigating NHSP. Smbrmdpicnt shall immediately notify
Department of any discovery of waste, fraud, or abusc. Subrecipient shall fully cooperate with
Department's efforts to detect, investigate, and prevent waste,fraud,and abuse.
C. Subredpieno represents and warrants that it will comply with Section 32I.022 of the Texas
Government Code which requires that suspected fraud and unlawful conduct be reported to the
State Auditor's Office,
D. Subrecipient may not discriminate against any employee or other person who reports a violation
of the terms of this Contract,or of any law or regulation,to Department or to any appropriate law
enforcement authority, |fthe report ismade ingood faith.
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SECTION 24. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 ofthe Texas Government Code, by execution ofthis Contract, 5mbredplen1
hereby certifies that Subrecipient, or a branch, division, or department of Subrecipient does not and will
not knowingly employ an undocumented worker, where "undocumented worker" means an individual
who, at the time of employment, is not lawfully admitted for permanent residence to the United States
or authorized under law to be employed in that manner in the United States. If, after receiving a public
subsidy,Subrecipient or a branch,division,or department of Subrecipient is convicted of a violation under
8 U.S.[ §1324a(f), Smbreclpimnt xha|U repay the public subsidy with interest, at the rate of five percent
(596) pernnnum, nnt |aterthantheonehundredtwentie1h (12Uth) deyofterthedatetbeDepmrtmemt
notifies Subreciplentmfthe violation.
SECTION 2S- CONFLICT OFINTEREST/NEPOTISM
A. Subrecipiemt shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of cunt/acts. Failbre to maintain written
standards of conduct and to follow and enforce the written standards is a condition of default
under this Contract and may result in termination of the Contract or clecibligation of funds.
B. No employee, officer, or agent of Subnecipiemt shall participate in the selection, award, or
administration of contract supported by federal funds if real or apparent conflict of interest
would be involved.Such a conflict would arise when the employee,officer,or agent,any member
of his or her immediate family, hiis or her partner, or an organization which employs or is about
ioemploy any nfthe Parties indicated herein, has afinancial orother interest inthe firm selected
for anaward.
C. The officers, employees,and agents of the Subrecipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subagremmcmis.
Subrecipiemts may set standards for situations in which the financial interest is not substantial or
the gift is an unsolicited item of nominal value. The standards of conduct shall provide for
disciplinary actions to be applied forviolations of such standards by officers,employees,or agents
ofthe Subredpient.
D. The provision of any type or amount of HHSP assistance may not be conditioned on an individual's
or family's acceptance or occupancy of emergency shelter or housing owned by the Subrecipient,
Subgrantee ornparent orsubsidiary ofthe Subrecipiemt.
E. No Subredpient may, with respect to individuals or families occupying housing owned by the
Subredpiemt, orany parent orsubsidiary ofthe Subredpient, carry out the initial intake required
for Program Participant files under Section Q(C)ufthis Contract.
F. For transactions and activities otherthan the procurement of goods and services, no officers,
employees, and agents, including consultants, officers, or elected or appointed officials of the
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Swbrccipient, Subgrantee, or subcontractor who exercises or has exercised any functions or
responsibilities with respect to activities assisted under HHSP,or who is in a position to participate
in a decision-making process or gain imside information with regard toactivities assisted under
the program, may obtain a financial interest or benefit from an assisted activity; have a financial
interest in any contract, subcontract, oragreement with respect toan assisted activity; orhave a
financial interest lmthe proceeds derived from anassisted activity,either for him orherself orfor
those with whom he or she has family or business ties,during his or her teniure or during the one-
yearperiodfo|Uovv|nghioerhertenwne.
G. Subrecipient represents and warrants that performance under the Contract wi 11 not constitute an
actual or potential conflict of interest or reasonably create an appearance of impropriety,Further,
Sub/edpient represents and warrants that in the administration of the grant it will comply with
all conflict ofinterest prohibitions and disclosure requirements req�uired by applicable |am4 rules,
and policies, including Chapter 176 of the Texas Local Government Code, If circumstances change
during the course wf the contract orgrant, Respondent shall promptly notify Agency.
SECTION 26. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED
A. None of the funds provided under this Contract shall be used for influencing the outcome of any
election, or the passage or defeat of any legislative measure. This prohibition shall not be
construed to prevent any state official or enmp|oYee from furnishing to any member of its
governing body upon request, or to any other local or state official or employee or to any citizen
information in the hands of the employee or official not considered under law to be confidential
information.
B. No funds provided under this Contract may be used directly or indirectly to hire employees or in
any other way fund or support candidates for the legislative, executive, or judicial branches of
government,the State ofTexas,orthe government ufthe United States.
C. None of the funds provided under this Contract shall be used to pay any person or organization
for influencing orattempting to influence an officer oremployee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant orany other award governed, bythe Byrd
Anti-Lobbying Amendment(31 U.S.C.§1352)asthe Development Ownerand each of itstiers have
certified by their execution of the "Certification Regarding Lobbying for Contracts, Grants, Loans,
and Cooperative Agreements" attached hereto as Addendum A and incorporated herein for all
relevant purposes.
D. 5ubrecipiemt represents and warrants that Department's payments to Subrecipiemt and
Subrecipient's receipt of appropriated or other funds under the Contract are not prohibited by
Sections 403.1067 or S56.00S5 of the Texas Government [ode which restrict lobbying
expenditures.
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SECTION 27. NON D|SCRUMil NATION, FAIR HOUSING, EQUAL ACCESS AND EQUAL OPPORTUNITY
A. DISCRIMINATION PROHIBITED. |oaccordance with Section 21OSofthe Texas Government Code,
5wbrecipient represents and warrants that it will not use block grant funds in a manner that
discriminates on the basis nfrace, color, nation origin, sex or religion.
B. EQUAL OPPORTUNITY. Subveclpient agrees to carry out an Equal Employment Opportunity
Program in keeping with the principles as provided in President's Executive Order 11246 of
September 24, 1965, as amended, and its implementing regulations at 41 CFR Part 60.
C. ACCESSIBILITY AND FAIR HOUSING. Subrmdpient must meet the accessibility standards and fair
housing requirements under (i)Section 504 of the Rehabilitation Act of 1973 (5 U.S.C. §794) and
its implementing regulations aT24CFR Part 8, (i|)the Fair Housing Act(4ZU3.C. §36O1otseqjus
implemented by HUD at 24 CFR Parts 100-115, , (iii) Texas Fair Housing Act (Chapter 301 of the
Texas Property Code), (iv)Title VI of the Civil Rights Act of 1964,as amended (42 U.S.C. §2000d et
seq.)' and implementing regulations at 24 C.F.R. Part | , and (v) Titles K| and ||| ofthe Americans
with Disabilities Act of 1990 (42 U.S.C. §§12131-12189; 47 U.S.C. §§155, 2O1, 218and 255) as
implemented byV.S. Department ofJustice atJ8CFR Parts 35and36
D. REASONABLE ACCOMODATIONS. Subrecipient shall operate each program oractivity receiving
HHSPfinoncim| assistance swthat the program or activity, when viewed in its entirety, is readily
accessible and usable by individuals with disabilities. Subecipi*nt is also required to provide
reasonable accommodations for persons with disabilities.
E. GENERAL. Subrecipient shall make known that use of the facilities and services funded under this
Contract are available to all on a nondiscriminatory basis. Subnecipien¢ also must adopt and
implement procedures designed to make available to interested persons information concerning
the existence and location of services and facilities that are accessible to persons with a disability.
F. AFFIRMATIVELY FURTHERING FAIR HOUSING, By Subrecipieni'x execution of the Contract,
Subrecipient agrees to affirmatively further fair housing by using funds in a manner that follows
the "State of Texas' Analysis of Impediments" and will maintain records in this regard.
G. AGE DISCRIMINATION. Subrecipientmust comply with the Age Discrimination Act ofI97S (42
U.S.[.§§61O1 §107).
H. SUBCONTRACTS. Subrec|pient will include the substance of this Section 27 in all of its
subcontracts.
SECTION 28. DEBARRED AND SUSPENDED PARTIES; EXCLUDED PARTIES
A. DEBARRED AND SUSPENDED. By signing this Contract,Subredpiemtcertifies that neither itnor its
current principal employees, board members, agents, or contractors are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal
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department oragency es provided inthe Certification Regarding Debarment, Suspension and
Other Responsibility Matters attached hereto as Addendum Cmnd incorporated herein for all
relevant purposes. The terms "covered transaction", "debarred", "suspended", "ineligible",
"|mm/e/ tier covered tranomctiou", "participant", "person", "primary covered transaction",
~phmdpa|°, "proposal", and "voluntarily excluded", as used in the certification attached an
Addendum [, have the meaning set out in the Definitions and Coverage sections of rules
implementing Executive Order 12S48. Iob/ecipient also certifies that it will not award any funds
provided by this Contract to any person who is proposed for debarment under 48 CFR Part 9,
subpart 9.4 or that is debarred, suspended, or otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549. 3ubredp|mntagreea
that, prior to entering into any agreement with a potential subcontractors procured by
Smbrecipian1 or prior to awarding funds under this Contract to a potential subgrantee, that the
verification process to comply with this requirement will be accomplished by checking the System
for Award Management("SAM")at www.sam.gov and including a copy of the results in its project
files. After said verification, Sularecipient may decide the frequency by which it determines the
eligibility ufits subcontractors during the term ofsubcontractor's agreement. 5ubrecip|ent may
subsequently rely upon a certification of a subcontractor that is not proposed for debarment
under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless Gubredpient knows that the certification is erroneous. Failure of
Submedpient to furnish the certification attached hereto as Addendum C or an explanation of why
it cannot provide said certification shall disqualify 3ubreoipient from participation under this
Contract.The certification or explanation will be considered in connection with the Department's
determination whether to continue with this Contract. Iubedpient shall provide immediate
written notice to Department if at any time Smbredpieni learns that the certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
Subrmcipient further agrees by executing this Contract that it will include the certification
provision titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusive-Subcontracts,"as set out in Addendum C,without modification,and this language under
this Section 28, inall its subuw/ards.
B. EXCLUDED PARTIES. By signing this Contract' Subracipien1fu/ther certifies that it is not listed in
the prohibited vendors list authorized byExecutive Order No. 13224, "Blocking Property and
Prohibiting Transactions with Persons Who Commit,Threaten to Commit, or Support Terrorism",
published by the United States Department of the Treasury, Office of Foreign Assets Control.
SECTION 29. SPECIAL CONDITIONS
A. DIRECT DEPOSIT AUTHORIZATION. Department shall not release any funds under this Contract
umd| Department has received a properly completed deposit authorization form from
Iuhreciplent.
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B. CONSTRUCTION STANDARDS. Notwithstanding and subject to Chapter 3000 of the Texas
Government Code,5ubredpiemtshall ensure that any building for which HN5Pfunds are used for
renovation, conversion, or major rehabilitation must meet Shelter and Housing Standards,
Uniform Physical Construction Standards, 2015 International Residential Code (or municipality
adopted later version)' Minimum Energy Efficiency Requirements for Single Family Construction
Activities, and the Accessibility Standards in Chapter 1, Subchapter B,and any standards requi:red
by state or local statute, ordinance, or other regulation, as applicable for the Homeless Program
and activity.
C. NATIONAL FIRE PROTECTION. Nome of the funds provided under this Contract may be used in
connection with anydwelling unit unless the unit is protected bya hard-wired or batte ry-o pe rated
smoke detector installed in accordance with National Fire Protection Association Standard 74.
D. OTHER CONDITIONS. Not applicable.
SECTION, 30. NO WAIVER
A. RIGHT OR REMEDY. Any right or remedy given to Department by this Contract shall not
preclude the existence of any other right or remedy, nor shall any action taken in the exercise of
any right or remedy be deemed a waiver of any other right or remedy.The failure of Department
to exercise any right or remedy on any occasion shall not constitute awaiver ofDepartment's
right toexercise that orany other right orremedy atalater time.
B. SOVEREIGN IMMUNITY. The Parties expressly agree that nuprovision ofthe Contract isin
any way intended to constitute a waiver by the Department or the State of Texas of any
immunities from suit or from liability that the Department or the State of Texas may have by
operation nflaw.
SECTION 31. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties of this Contract relating to the subject matter
of this Contract have been reduced to writing and are contaiined in this Contract and attachments.
B. The attachments enumerated and denominated below are a part ofthis Contract and constitute
prormiyedperformances under this Contract:
3) Certification Regarding Lobbying for Contracts, Grants, Loans, and
Cooperative Agreements
4) Certification Regarding Drug-Free Workplace Requirements
5) Certification Regarding Debarment, Suspension and Other Responsibility
Matters
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6) Addendum 1D—PRVVURARequirements
7) Exhibit A' Performance Statement
8) Exhibit B- Budget
SECTION 32. SEVERABILITY
if any section or provision of this Contract is 6e|6 to be invalid or unenforceable by a court or an
administrative tribunal ofcompetent jurisdiction,the remainder shall remain valid and binding.
SECTION 33. COPYRIGHT
Sobrecipient may copyright materials developed in the performance of this Contract or with funds
expended under this Contract. Departmentand the State shall each have a royalty-free,nonexClUsive,and
irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use,the copyrighted
work for government purposes.
SECTION 34. USE OFALCOHOLIC BEVERAGES
Funds provided under this Contract may not he used for the payment ofsalaries to amySubredpieni~x
employees who use alcoholic beverages while on active duty,for travel expenses expended for alcoholic
beverages, orfor the purchase ofalcoholic beverages.
SECTION 35' FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for sectarian or explicitly religious activities such as
worship, religious instruction or prose Uytizatlon, and must be for the benefit of persons regardless of
religious affiliation. |fSubrecipimnt conducts such activities, the activities must be offered separately, in
time orlocation, from the programs urservices funded with direct financial assistance from Department,
and participation must be voluntary for beneficiaries of the programs or services funded with such
asdstaince.
SECTION 36. FORCERHAJURE
If the obligations are delayed by the following, an equitab,le adjustment will be made for delay or failure
toperform hereunder:
A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements
of nature or acts of Gmd; (ii) acts of vvor (declared or undeclared), (iii) acts of terrorism,
insurrection, riots, civi!l disorders, rebellion or sabotage; and (iv)disease pandernics,quarantines,
embargoes anclother similar unusual actions of federal, provincial,local or foreign Governmental
Authorities; and
B. The non-performing party is without fault in causing orfailing to prevent the occurrence of such
event, and such occurrence could not have been circumvented byreasonable precautions and
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could not have been prevented or circumvented through the use of commercially reasonable
alternative sources,workaround plans orother means.
SECTION 37. ASSIGNMENT
This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without the
written consent and agreement of Department, which consent may be withheld in Department's sm|*
discretion.
SECTION 38. TIME |SOFTHE ESSENCE
Time is of the essence with respect to Subrecipient's compliance with all covenants, agreements, terms
and conditions ufthis Contract,
SECTION 39. COUNTERPARTS AND FACSIMILE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same instrument. Signed signature pages may be
transmitted by facsimile or other electronic transmission,and any such signature shall have the same legal
effect aoamoriginal.
SECTION 40. NUMBER,GENDER
Unless the context requires otherwise,the words of the masculine gender shall include the feminine, and
singular words shall include the plural.
SECTION 41. NOTICE
A. If notice is provided concerning this Contract, notice may be given at the following (herein
referred to as "Notice AdWress")-
/\stoDepartmemt:
TEXAS DEPARTMENT QFHOUSING AND COMMUNITY AFFAIRS
P. W. Bnx13941
Austin,Texas 78711-]941
Attention:Abigail Versyp, Director of Single Family and Homeless Programs Divilsion
Telephone: 5I2-475'0908
Fax: 512-475-0220
abigaiivmrsyp@t6hcu.state.tx.us
Asto1uhredplent:
City of Corpus Christi
12O1Leopard Street
City orCorpus Christi
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Corpus Christi,Texas 784O1
Attention: Linda Stewart
Telephone: 36I826-3862
UndaS2@cctexas.cono
B. All notices or other communications hereunder shall be deemed given when,delivered, mailed by
overnight service, or five (5) calendar days after mailing by certified or registered mail, postage
prepaid, return receipt requested,addressed Tuthe appropriate Notice Address audefined in the
above Subsection Aofthis Section 4I.
C. SmbredpiemtshmU provide contact information and required notifications tothe Department
through the Contract System inaccordance with 10TAC§1.22and 10TAC§6.6.
SECTION 42. VENUE AND JURISDICTION
This Contract shall' be governed by and constructed in accordance with the laws of the State of Texas,
without regard to the conflicts of law provisions.The venue of any suit arising under this Contract is fixed
inany court ofcompetent jurisdiction ofTravis County,Texas.
SECTION 43. ALTERNATIVE DISPUTE RESOLUTION
The dispute resolution process provided in Chapter 2009 of the Texas Government [ode is available to
the parties to resolve any dispute arising under the Contract. If at any time the Subreciplent would like to
engage Department in an ADR procedure,the Subrecipient may send a proposal to Department's Dispute
Resolution Coordinator. For additional information on Department's ADR policy, see Department's
Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC§1.17.
SECTION 44. LIMITATION ONABORTION FUNDING
A. Pursuant to Chapter 2272 of the Texas Government Code, to the extent allowed by federal and
state |ew4 the Department may not enter into this Contract with an "abortion provider" or an
"affiliate" of an abortion provider, as said terms are defined thereunder, if funds under this
Contract are appropriated from state orlocal tax revenue.
B. By execution, ofthis Contract' the Subrecipimmt hereby certifies that, as m condition of receipt of
any funds under this Contract from state or local tax revenue, it ineligible tn receive said funds,
and that it will not utilize said funds in any way contrary to this Section 44during the Contract
Term.
SECTION 45. OPEN MEETINGS
if the Subrecipient is a governmental entity, Subrecipient represents and warra:nts its compliance with
Chapter S51ofthe Texas Government Code,which requires all regular,special orcalled meetings ofa
governmental body to be open tuthe public, except as otherwise provided by law.
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SECTION 46. INDEMNIFICATION
SUBRECIPIENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE
DEPARTMENT, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS,CLAIMS, DEMANDS, OR SUITS,
AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY
ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER
FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTIONOR PERFORMANCE OF THE
CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE
COORDINATED BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS
STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS
ATTORNEY GENERAL.SUBRECIPIENTAND DEPARTMENT AGREE TO FURNISH TIMELY WRITTEN NOTICE TO
EACH OTHER OF ANY SUCH CLAIM.
WITNESS OUR HAND EFFECTIVE:
SUBRECIPIENT:
City of Carpus Christi,
a political subdivision of the State of Texas
9)-fined by:
BY:
rbIn 1`twoa
Name: Linda Stewart
Title: Director Neighborhood Services
7/6/2022 1 70:51:31 AM CDT
Date:
THIS CONTRACT IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF THE TEXAS
DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE.
THIS CONTRACT IS APPROVED, ACCEPTED AND MADE TO BE EFFECTIVE ON SEPTEMBER 1, 2021, ON
BEHALF OF:
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
m«esIaned by,
ByUfz.o
i Fd
43G G0044F....
Name: Abigail Versyp
Title: Its duly authorized officer or representative
7/6/2022 1 11:09:48 AM CDT
Date:
City of Corpus Christi
6322,6070006 2.5
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TEXAS DEPARTMENT(]FHOUSING AND COMMUNITY AFFAIRS
FY2O22TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT 63226070008
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS,GRANTS, LOANS,AND COOPERATIVE AGREEMENTS
City ofCorpus Christi,
apolitical subdivision ufthe State ofTexas
The undersigned certifies,10the best ofits knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer oremployee ofan agency, o
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract,the making of any Federal grant,the making
of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation,
renewal,amendment or modification of any Federal contract, grant, loan,or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
standard form ALL, "Disclosure Form to Report Lobbying", inaccordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-aiwar4s at all tiers (incUuding subcontracts, suhgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
This certification is material representation mffact onwhich reliance was placed when this transaction
was made orentered into.Submission of this certification is a prerequisite for making or entering into thi:s
transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails tofile the required
certification shall be subject to a civil penalty of not less than Tan Thousand and Nm/100 Dollars
($10,000.00) and not more than One Hundred Thousand and No/100 Dollars ($100,000.00)for each such
failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states,tothe best ofits knowledge and belief, that:
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if any funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of Member ufCongress in connection with this commitment providing for the United States
toinsure mrguarantee aloan,the undersigned shall complete and submit Standard Form-LLL "Disclosure
Form to Report Lobbying,` in accordance with its instructions. Submission of this statement is a
prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S.Code.Any
person who fails tofile the required statement uhuU| be subject to advi| penalty mfnot less than, Ten
Thousand and Nm/100 Dollars ($10,000.00) and not more than One Hundred Thousand and No/100
Dollars($I0O,OUO.00)for each such failure.
City ofCorpus Christi,
a political subdivision ofthe State ofTexas
Docuftmdby:
uy�
mame: �l�l�VgWrt
Tide: Director Neighborhood Services
Date: 7/6/2022 1 10:61:3I *M CDT
City wCorpus Christi
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oocv$igmEnvelope ID:onam7oaa-4roe4aau-A2m6-on*nx6poox47
TEXAS DEPARTMENT OFHOUSING AND COMMUNITY AFFAIRS
FY202ZTEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERALREVENUE
CONTRACT 63226070008
ADDENDUMB
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
City of Corpus Christi,
opolitical subdivision mfthe State mfTexas
This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988: 45
CFR Part 76, Subpart, F. Sections 76.630(c) and (d)(2) and 76.645 (a)(2) and (b) provide that a Federal
agency may designate a central receipt point for STATE-WIDE AND STATE AGENCY-WIDE certifications,
and for notification of criminal drug convictions. For the Department of Health and Human Services,the
central point is: Division of Grants K4vmugcmnemt and Oversight, Office of Management and Acquisition,
Department of Health and H'uman Services, Room 517-D,200 Independence Avenue,SW Washington, DC
20211.
The undersigned certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform em:ployees about-
(1)The dangers of drug abuse in the workplace;
(2)The grantee's policy ofmaintaining a drug-free workplace;
(3)Any available drug counseling, rehabilitation, and employee assistance programs; and
(4)The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be
given acopy ofthe statement required byparagraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as m condition of
employment under the grant, the employee wiU-
(1)Abide bYthe terms ofthe statement; and
City mCorpus Christi
000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7
oonvsWnEnvelope ID:onae7mon'4Fnm'4uu2-*znv'onxmaarCzxs7
(2) Notify the employer inwriting ofhis orher conviction for aviolation ofacriminal drug statute
occurring in the workplace no later than five(S) calendar days after such conviction;
(e) Notifying the agency in writing, within ten (10) calendar days after receiving notice under
paragraph(d)(2)from an employee or otherwise receiving actual notice of such conviction.Employers
of convicted employees must provide notice' including position title, to every grant officer orother
designee on whose grant activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall' include the identification
mmnnber(s) ofeach affected grant;
(f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under
panagralmh (d)(Z),with respect twany employee who iosmcmnvicted-
(2) Taking appropriate personnel action against such on employee, up to and including
termination,consistent with the requirements of the Rehabilitation Act of 1973,as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, |am/
enforcement, orother appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation
of paragraphs (a), (b), (c), (d), (m) and (f).
Place(s) of Performance [dta(s) for the performance of work done in connection with the specific
grant) (include street address, city, county, state, zip code):
1.
_
_
4.
Workplace identifications mustinclude the actual address ofbuildings(or parts of buildings)or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles
of a mass transit authority or State highway department while in operation,State employees in each
local unemployment office, performers in concert halls or radio studios). |f3ubredpieot does not
identify the workplaces at the time of application, or upon award, if there is no application, the
Subrecipient must keep the identity of the workp,lace(s) on file in its office and make the information
available for Federal inspection. Failure to identify all known workplaces constitutes aviolation ofthe
Subredpimnt'sdrug-free workplace requirements.
City o/Corpus Christi
asoeunmux 29
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This certification is u material representation of fact upon which reliance is placed when the
Department awards the grant. If it is later determined that Subrecipient knowingly rendered a false
certification,,or otherwise violates the requirements of the Drug-Free Workplace Act, Department, in
addition to any other remedies available tothe Fmdmm| Government, may take action authorized
under the Drug-Free Workplace Act.
City ofCorpus Christi,
a political subdivision ofthe State ofTexas
mcuoigned by:
oy� WA SbIwof
Name: Linda Stewart
Tide: Pirector Neighborhood Services
7/0/2822 1 I0:51:31 AM CDT
Date:
City mCorpus Christi
oazzw/uoux 30
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n*umaignEnvelope ID:omas7oan*p6B-4oac-Axum-oo*o/6rco^mr
TEXAS DEPARTMENT OPHOUSING AND COMMUNITY AFFAIRS
pY2022TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERALREVENUE
CONTRACT 63226070008
ADDENDUM C
CERTIFICATION REGARDING DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY MATTERS
City ofCorpus Christi,
a political subdivision of the State of Texas
The undersigned certifies,to the best of its knowledge and belief,that it and its principals:
(a)Are not presently debarred,suspended,proposed for debarment,declared ineligible,orvoluntarily
excluded byany Federal nrstate department oragency;
(b) Have nntm/ithhn u three (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining,attempting to obtain,or performing a public(Federal,State or local)transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement,thett,forgery, bribery,falsification or destruction of records,making false statements,
or receiving s1m|em property;
(c)Are not presently indicted for or otherwise criminally orcivilly charged by ogovernmemta| entity
(Fedora[ State or local) with commission of any of the offenses enumerated in section (b) of this
certification;
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local)terminated for cause or default; and
(e)Will submit tothe Department information about each proceeding that occurs cluringthis Contract
Term orduring the recordkeepingperiod that:
(1) |sinconnection with this award;
(2) Reached its final disposition during the most recent five (5)year period;and
(]) |sone ofthe following:
i Acriminal proceeding that resulted inmconviction, asdefined below;
ii Acivil proceeding that resulted imafinding nffault and liability and payment ofamonetary
fine, penalty, reimbursement, restitution, ordamages ofFive Thousand and No/100 Dollars
($5,OOO.00) wrmore;
iii. An administrative proceeding,as defined below,that resulted in a finding of fault and liability
and your payment wfeither a monetary fine or penalty nfFive Thousand and No/100 Dollars
owvfcv,v",m.w/
63226070009 31
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ovnu8WoEnvelope ID:zwwe7o*n-4poe*azo*zem'on*mAapCuxsr
($5,000.00) or more o/ reimbursement, restitution, or damage in excess ufOne Hundred
Thousand and No/100Dollars($1UO'8O8.OU); or
iv. Any other criminal,civil, oradministrative proceeding if:
1. It could have led to an outcome described hn this section (e) paragraph (3) items (i) —(iii)
o[this award term and condition;
2. It had o different disposition arrived at by consent or compromise with an:
acknowledgment mffault onyour part; and
3. The requirement in this award term and condition to disclose information about the
proceeding does not conflict with applicable laws and regulations.
(4) For purposes of section (e)of this certification the following definitions apply:
i. An"administrative proceeding" means m non-judicial process that ioadjudicatory in nature in
order to make a determination of fault or liability(e.g., Securities and Exchange Commission
Administrative proceedings, Civilian Board of Contract Appeal's proceedings, and Armed
Services Board of Contract Appeals proceedings).This includes proceedings atthe Federal and
State level but only in connection with performance of a Federal contract orgrant. It does not
incl'ude audits, site visits,corrective plans, or inspection of deliverabIes.
ii A "conviction", for purposes of this award term and condition, means a judgment or
conviction of a criminal offense by any court of competent jurisdiction,whether entered upon
a verdict or a plea,and includes a conviction entered upon a plea of nolo contendere.
Where the undersigned Subrecipient is unable to certify to any of the statements in this certification,such
Subrecipient shall attach an explanation of why it cannot provide said certification to this Contract.
The undersigned Subnedpimntfurther agrees and certifies that it will include the below clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Subcontracts/Lower Tier Covered Transaction," without modification, in all smbredpient contracts,
subcontracts and inall solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —
SUBCONTRACTS/LOWER TIER COVERED TRANSACTIONS
(I) The prospective lower tier participant/subcontractor certifies, by submission of this proposal, that
neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,
or voluntarily excluded from participation in this transaction by any Federal department or agency,
(Z) Where the prospective lower her participant/subcontractor is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation tothis proposal.
City orcorpus Christi
63226070008 32
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957
Docu&gn Envelope ID:203B7833-4F6B-4632-A296-DOADA6FC2A67
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
Entity Name, Entity Type
By:
Name:
Title:
Date.
This certification is a material representation of fact upon which reliance is placed when the Department
awards the grant.If it is later determined that Subrecipient knowingly rendered an erroneous certification,
in addition to any other remedies available, the Department may terminate this Contract for cause or
default.
SUBRECIPIENT:
City of Corpus Christi,
a political subdivision of the State of Texas
By: rbD—Signed br.
ywavi
00EQDDT?9f92489
Name: Linda Stewart
Title: Director Neighborhood Services
Date: 7/6/2022 1 10:51:31 Am CDT
City of Corpus Christi
63226070008 33
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PwoumsnEnvelope ID:couaraa3-4rnm*enz~vznn-ooxoAaFcz*a7
TEXAS DEPARTMENT OFHOUSING AND COMMUNITY AFFAIRS
FY2O22TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERALREvENUE
CONTRACT 63226070008
PRVVORARE0LU|RENlENTS
City ofCorpus Christi,
apolitical subdivision nfthe State of Texas
If an individual is applying for HHSP fund's, a Subrecipient must verify that the individual applying for HHSP
fundsisaquaiifiedrecipiemtforfumdingunder1hePersuna| Reapomdbi|ityandVVork{)ppnrtun|tyActof
1996, ("PRVV[}R/Y^) or ("Act"), Pub. L. 104-193, 110 Stat. 2105, codified at U.S.C. 51601 et. soq., as
amended hythe Omnibus Appropriations Act, 1997, Pub. L1&*-208.
To ensure that a nom-gua|ifimd opp|ica�nt does not receive "public benefits," a political subdivision that
administers "public benefit programs" is required to determine, and to verify, the individual's alienage
status before granting eligibility. 8 U.S.C. DI642 (a) and (b). Subrecipient must use the SAVE verification
system to verify and document qualified alien, eligibility once access to the system is provided by the
Department.
There are certain types of assistance that are not subject to the Act's restriction on access to public
benefits based on immigration status. This includes activities that: (1) deliver in-kind services at the
community level, (2) are necessary for the protection of life or safety, and (3) do not condition the
provision of assistance on the applicant's income or resources.Generally, tinder the HHSP State Rules,an
activity that provides a public benefit to a Household that is Homeless is exempt,while an activity that is
provided to a Household that is At-Risk of Homelessness is not exempt. However, ifSubrecipient has
adopted income based criteria for the provision of assistance,than that activity may be subject to the Act.
Yet some activities do not provide a pubUic benefit to Household such as case manager performing
Household eligibility determination mrpurchase ofsmHK4|Sdatabase. Section 401(b)(1)(C) ofthe Act also
exempts public health assistance for immunizations with respect to immunizable diseases and for testing
and treatment of symptoms of communicable diseases whether or not such symptoms are caused by
communicable disease.
|fSubrecipient is unsure of whether or not an activity is exempt from the Act, it should contact the
Department before beginning the activity to receive written determination.
City n,Corpus Christi
oyaaounmnn 34
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[ERT|F|[AT|ONREGARD|NGUSEOFTHE5YSTEMAT|CAL|ENVENRCAT|0NF0RENT|TLEMENTS ("5AVE~)
SYSTEM
SubreciplentshaU:
(1) System Use.
(a) Establish the identity of the applicants and require each applicant to present the applicant's
immigration or naturalization documentation that contains the information (e.g., alien
registration number) required bythe SAVE Program;
(b) Physically examine the documentation presented by the applicant and determine whether the
document(s) reasonably appear(s)to be genuiine and to relate to the individual;
(c) Provide to the SAVE Program the information the SAVE Program requires to respond to
Subrecipient requests for verification of immigration or naturalized or derived citizenship status
information, including (1) information from the applicant's immigration or naturalization
documentation for initial automated verification, /2> additional information obtained from the
alien's immigration or naturalization documentation for automated additional verification, and
(3)completed Forms G-845 and other documents and information required for manual additional
verification. For manual only verification, ensure that Forms G-845 and other documents and
information required for manual verification are provided;
(d) Ensure that, prior to using the Verification Information System, all employees designated by
5ubredpient to use SAVE on behalf of the 5ubnacipiemt ("Users") performing verification
procedures complete SAVE required traimimg including: reading the SAVE Pru8rmon Guide, taking
the latest version of Web tutorial(s), http://www.00c|s.gov/uave/what'save/save'webinars, and
maintaining a working knowledge of requirements contained therein and in this Contract as
updated. Documentation of training must be maintained by the Subrmdpient for monitoring
review;
(e) Ensure that Users are provided with and maintain User ids only while they have a need to
pedbnnverificationproce6m/es
(f)EmsureaOUsemperfmrmhngver|0cationprocedurescorop|ywithaU| requioememtocontainedin
the SAVE Program Guido, web-based tutorial,this Contract, and updates tothese requirements;
(g)Ensure that all Users performing verification procedures have contact information for the SAVE
Program and SAVE Monitoring and Compliance. Contact information can be found at
h1tp://vvwvv.usds.Cov/purtm|/siLe/wsds/menuitem.eb1d4c2a3e5b9ac88Z43c6a7S43f6d1a/?»gne
xtoid=0d3,7,d0d79O29310VgmVCM10OU0O082ca60aRCKD&v0nextchamneU=Od37dffd79OJg3I0Vg
mV[K4100000082cm6OaR[RD;
(h) Ensure all Users perform any additional verification procedures the SAVE Program requires
and/or the applicant requests after the Subrecipient initiates a request for verification;
City"rCorpus Christi
e32260/0008 35
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(i) Use any information provided by DHS'W5O5 under this Contract solely for the purpose of
determining the eligibility of persons applying for the benefit issued' by the Subrecipient and limit
use of such information in accordance with this and all other provisions of this Contract;
(j)Comply with the requirements of the Federal'Information Security Management Act ("FISMA")
(PL-107-347), Title |||, Section 301) and OMB guidance as applicable to electronic storage,
transport of records between agencies, and the internal processing of records received by either
agency under the terms ofthis Contract;
(k) Safeguard such information and access methods to ensure that itis not used for any other
purpose than described in this Cont/act and protect its confidentiality; including ensuring that it
is not disclosed to any unauthorized person(s) without the prior written consent of DHS'U5OG.
Each app|icantseeing access to information regarding him/herself may doso bysubmitting o
written signed request to DBS-USC|l Instructions for submitting request may be found at
http://wvvw.uxcis.gov/USC|S/Verification/SAVG/SAVE_Native_0mcuments/Fact_Sheet_HmwTuCo
r/ectYourRecordmwithUSC|S.pdf (subject to revision and reposting on the SAVE Website and
Online Resources);
(|) Comply with the Privacy Act, 5 U.S.[ §552a, the Texas Public Information Act and other
applicable laws, regulations, and policies, including but not limited toall OMB and DHS privacy
guidance' in conducting verification procedures pursuant to this Contract, and in safeguarding,
maintaining, and disclosing any data provided or received pursuant to the Contract;
(m)Comply with federal laws prohibiting discrimination against applicants and discriminatory use
of the SAVE Program based upon the national origin, color, race,gender, religion, or disability of
the applicant;
(n) Provide all benefit-applicants who are denied benefits based solely orim part onthe SAVE
response with adequate written notice of the denial and the information necessary to contact
DHS-US[|Ssm that such individual may correct their records imatimely manner, i/ necessary. A
Fact Sheet that includes the process by which applicants may contact DHSUSC|Sis posted at
ht1p://wvvvv.wsci».gnv/USC|S/Verification/SAVE/SAVE_0utive_0oouments/Fact_Sheet_HowToCo
rrectYourRecordamiLhUS[|S.pdf, (subject to revision and repostimg on the SAVE Website and
Online Resources);
(o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE
response with the opportunityto use the Subrecipient's existing process to appeal the denial and
to contact DHS-USCIS to correct their records prior to a final decision, if necessary; and
(p) Refrain from using SAVE, or assisting any person orentity, twcomply with the erop|oyment
eligibility verification requirements of Section 274A of the Immigration and Nationality Act, 8
U.S.C. §1324a.
(2) Monitoring and Compliance.
City mCorpus Christi
632260/0008 36
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(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records
and documents related to the use,abuse, misuse,fraudulent use or improper use of SAVE by the
Subrecipient, including, but not limited to original applicant consent documents required by the
Privacy Act, 5U.5.[. §SS2aorother applicable authority;
(b)Notify the Department's Compliance Division immediately whenever there is reason to believe
aviolation ofthis agreement has occurred;
(c)Notify the Department's Compliance Division immediately whenever there is reason to believe
an information breach has occurred as a result of User or Subrecipient action or inaction pursuant
to Office of Management and Budget ("OMB") Memorandum K8-07-16, "Safeguarding Against
and Responding tothe Breach ofPersonally identifiable |nfornnmtion;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records
and documents related to the use, abuse, misuse,fraudulent use or improper use of SAVE by any
User, including, but not limited to original applicant consent documents required by the Privacy
Act, SU.S.[. §552am/other applicable authority;
(e) AUmvv Department and SAVE Monitoring and Compliance to conduct desk audits and/or site
visits to review/ Suhrecipiemt's compliance with this Ad6denduZLD and all other SAVE-related
policy, procedures, guidance and law applicable Toconducting verification and safeguarding,
maintaining, and disclosing any data provided or received pursuant tothis Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's
User Ids use and access, SAVE Training Records, SAVE financial records, SAVE biographical
information,system profiles and usage patterns and other relevant data;
(Q) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and
any and all contact persons or other personnel within the Subrecipient's organization or relevant
contractors regarding any and all questions orproblems which may arise lmconnection with the
Subreripient~s participation in SAYE;
(b)Allow Department and SAVE Monitoring and Compliance tomonitor system access and usage
and to assist SAVE users as necessary to ensure compliance with the terms ofthis Addendum 1D
and the SAVE Program requirements by its authorized agents or designees; and
(i) Take corrective measures in a timely manner to address all lawful requirements and
recommendations on every written finding including but not limited to those of the Department
or SAVE Monitoring and Compliance regarding waste,fraud,and abuse, and discrimination or any
misuse of the system, non-compliance with the terms, conditions and safeguards of this
Addendum D,SAVE Program procedures or other applicable law, regulation or policy.
City o,Corpus Christi
osuzaonmox 37
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(3) Criminal Penalties.
(a) DHS-USCIS reserves the right to use information from the Department or Subrecipient for any
purpose permitted by law, including, but not limited to, the prosecution o(violations ofFederal
administrative orcriminal law.
(b) The Iubredpieni acknowledges that the information it receives from DNS-UB[|S is governed
by the Privacy Act, 5 U.S.C. §552a(i)(1), and that any person who obtains this information under
false pretenses or uses it for any purpose other than as provided for in this Contract may be
subject tocriminal penalties.
(4) Third Party Liability.
(a) Each party to this Contract shall be solely responsible for its own defense against any claim or
action by third parties arising out of or related to the execution and/or performance ofthis
Contract,whether civil or criminal,and retain responsibility for the payment of any corresponding
liability.
(b) Nothing in this Contract is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law byany third party against the United States, its
agencies, officers, or employees, the State of Texas, its agencies, officers, or employees, or the
6ubrec|p[ent.
(5) Points of Contact.
Abigai|Ve/syp
Director ofSingle Family and Homeless Programs Division
Texas Department mfHousing and Community Affairs
PD. Box 13941
Austin,TX78711-3941
Phone: (512)475-09O8
Enomi|: abiOaiLversyp@tdhca.state.tx.ms
UGCUS SAVE Program K4S2G2U
U.S. Citizenship and Immigration Services
Department ofHomeland Security
Washington, D[20S25-26Z0
ATTN:SAVE Operations
Phone: (888)464-4218
Emai|: naveregistration@dhs.gov
US[|S SAVE Monitoring and Compliance MS 2640
City ofcv,posChristi
63226070008 38
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onnvmgnEnvelope m:zoae7mo3-4pne*Bou+oao'ooAo*srC2^sr
&S. Citizenship and Immigration Services
Department mfHomeland security
Washington, 0C28S29-ZG40
Phone: (A88)454-4218
Emai|:save.munitoring@dhs.gov
(6) Certification.
The undersigned hereby certifies tothe Texas Department ofHousing &Community Affairs that
all information herein is true and correct to the best oftheir knowledge and belief. The purpose
ofthis statement is10certify that City mfCorpus Christi:
XE] Is NOT private nonprofit charitable organization and is an entity created by State Statute
and affiliated with or is state or governmental entity (such as housing finance agency, public
housing authority, unit of local government,council of governments,county, etc.)
Certification must have the signature from a representative with authority to execute documents
umthe Subredpient'sbehalf.
SUBREOP|ENT:
City ofCorpus Christi,
apolitical subdivision ofthe State ofTexas
0�01 n44 by,
By:
Name. Kinta Stewart
Title: Director Neighborhood Services
7/6/2822 1 10:51:31 Am CDT
Date:
City of Corpus Christi
63226070008 39
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 F13131 2135957
DocuSigri Envelope ID:203B7833-4F6B-4632-A296-DOADA6FC2A67
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT 63226070008
EXHIBIT
PERFORMANCE STATEMENT
City of Corpus Christi,
a political subdivision of the State of Texas
Subrecipient shall carry out the following activities identified herein by implementing a Texas Homeless
Housing and Services Program("HHSP")in accordance with the State Act and its implementing rules under
the HHSP State Rules.
Close-Out Process: Ends May 14, 2023 DS
Contract Term: September 1, 2021—February 28, 2023
Service Area: City of Corpus Christi
Program Activities
Subrecipient agrees to perform the following measurable activities:
A. Person Served
1. Persons entering HHSP projects: 100
2, Persons experiencing Homelessness served with essential services: 50
3. Persons At-risk of Homelessness served with essential services0
4. Persons served with Homeless Assistance("HA"): 100
5. Persons served with Homelessness Prevention ("HP"): 0
6. Persons who used a day or night shelter: 0
7. Persons served with Case Management: 100
B.Outcomes
1. Persons experiencing Homelessness who maintained housing
for three months after HHSP exit: 50
2. Persons At-risk of Homelessness who maintained housing for
three months after HHSP exit: 0
C. New Beds
1. New beds created through Shelter Construction: 0
2, New beds created through Shelter Rehabilitation: 0
3. New beds created through Shelter Conversion: 0
City of Corpus Christi
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TEXAS DEPARTMENT OFHOUSING AND COMMUNITY AFFAIRS
FY 2022TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERALSET-ASUDE
GENERALREVENUE
CONTRACT 63226070008
EXHIBIT B
BUDGET
City ofCorpus Christi,
apolitical subdivision ofthe State ofTexas
|. DEPARTMENT FINANCIAL OBLIGATIONS
Additional funds may be obligated via Amendment(s) during the Contract Term. Funds may only be
obligated and expended during the current Contract Term, and reported during the Close-Out Process.
Unexpended fund balances will bmrecaptured.
[|. BUDGET FOR AVAILABLE ALLOCATIONS
ADMINISTRATION $ 5,000.00
CASE MANAGEMENT SALARY $45,000.00
ESSENTIAL SERVICES $ 48,535.010
FINANCIAL ASSISTANCE-HOMELESS $ 97,071.00
ASSISTANCE
FINANCIAL ASSISTANCE-HOMELESSNESS $ 0.00
OPERATIONS $ 0.00
»S
TOTAL FUNDS AWARDED $ 195,606.00
|||. FOOTNOTES T3BUDGET FOR AVAILABLE ALLOCATIONS:
Denotes that the 6ubrenipientmust request inwriting any adjustment needed toabudget category before
the Department will make any adjustments to the budget categories. Only those written requests from
the Smbrncipientthat are received at least thirty (30)calendar days prior to the end of the Contract Term
City vrCorpus Christi
632260/00m8 41
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957
DocuSign Envelope ID:203B7833-4F6B-4B32-A296-DOADA6FC2A67
will be reviewed.The Department may decl:ine to review written requests received during the final thirty
(30)calendar days of the Contract Term.
City of Corpus Christi
63226070008 42
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 F13131 2135957 f K/& ,317-8 'f
VA-7WA-)
HOMELESS HOUSING AND SERVICES PROGRAM (HHSP) GENERAL,
YOUTH SET-ASIDE AND ENDING HOMELESSNESS FUNDS (EHF)
FY2022-,2023 APPLICATION
AGENCY: The Salvation Army of the Coastal Bencl,_a Georgia Cor oration
CONTACT PERSON: Kyle Knutson
TITLE: Director of Social Services
MAILING ADDRESS: P. 0, Box 2507 State: TX Zip: 78403
TELEPHONE NUMBERS: 361-884-94..97 or 361-462-0661 FAX#: 361-884-7522
E-MAIL: !!�tle.knutson.@uss.salvationarmygrg
PROPOSED PROJECT NAME: The Salvation Army HHSP and EHF
PROPOSED PROJECT ADDRESS: 1802 Buford Street State: TX Zip:,78494
PROPOSED PROJECT DESCRIPTION
Please check those categories that apply.,
X Administrative costs
X Case management
X Construction/Rehab/Conversion of buildings
Essential services to find/maintain housing
E] Homeless prevention and assistance
X Operation of emergency shelter
*All activities proposed must be used to aid homeless individuals, families and homeless youth
in order to be eligible for this funding.
Amount of request: 11g4,500
1. On a separate sheet of paper, describe your project including how it will increase the capacity of
your agency to meet the needs of persons who are homeless. Do not exceed one page.
2. On a separate sheet of paper, provide the project's other funding sources,
3, Complete the following tables for HHSP General, EHF and HHSP Youth set-aside funds.
FY22-23 HHSP General and EHF
(not to exceed$247,410)
Categories
_Ad_ministration—10%of grant request. 9,500
Case Idlanagement-$10,000 to help underwrite a portion of the salary of the 10,000
Director of Social Services to help provide case management services to clients.
25,000
Construction/Rehabilitation/Conversion—Construction of a covered outdoor
seating area to complement our new playground area.
0
Essential Services
i�GimeleS01
s Assistance— Financial Assistance
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957
Anticipated Persons Served—HHSP Youth Set-aside
Categories Persons Served
Persons Served NA
1. Essential Services for Persons experiencing Homelessness in Youth-Headed NA
Households(can only be provided if youth are also receiving case management,
emergency shelter,street outreach or transitional living)
Street
Outreach,for Persons experiencing Homelessness in Youth-Headed NA
Households
3.Transitional living for Persons experiencing Homelessness in Youth-Headed NA
Households
4. Persons experiencing Homelessness in Youth-Headed Households using NA
day/night shelter
5_.Case management for Persons experiencing Homelessness in Youth-Headed NA
Households
Maintaining Housing NA
1.Children/Youth in Youth-headedHouseholds who were homeless and have NA
maintained housing for three months after HHSP exit
New Beds NA
1. New Shelter beds created through Construction NA
Z. NeWih�e'ltii�rb beds created through Rehabilitation NA
3. New Shelter beds created through Conversion NA
4. New Transitional Living beds created through Construction NA
5. New Transitional Living beds created through Rehabilitation NA
6. New Transitional Living beds created through Conversion NA
Submitted by: Date:
77A 41A,(A j
Title:
Signature:
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB12135957
The Salvation Pray
Other Funding Sources
With an annual operating budget of approximately $3,158,830, The Salvation Army enjoys
broad based support from throughout the community. Operational expenses are generally
underwritten by the following: 4% United Way, 0% Government Contracts, 15%
Foundations/Corporations, 1% Earned Income, and 30% Individuals.
Most current awards include:
$100,000.00 HUD/ City ofCorpus Christi 10/01/2021 - 09/30/2022
$315,514.00 HUD/ COC 09/01/2021 - 08/31/2022
$161,480.00 HUD/COC 12/01/2021 11/30/2022
$454,900.00 HUD/TDHCA 05/15/2020 - 01/31/2022
$227,450.00 HUD/TDHCA 11/01/2021 - 10/31/2022
$225,000.00 TDHCA 11/01/2021 - 10/31/2022
$259,000.00 VA 10/01/2021 - 09/30/2022
$ 99,850.00 United Way 10/01/2021 - 09/30/2022
$ 28,293.00 EI=SP phase 38 02/04/2021 - 10/31/2021
$400,000.00 Texas Veterans Commission 10/01/2021 - 09/30/2022
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 F13131 2135957
HOMELESS HOUSING AND SERVICES PROGRAM (HHSP) GENERAL,
YOUTH SET-ASIDE AND ENDING HOMELESSNESS FUNDS (EHF)
FY 021-2022 APPLICATION
AGENCY:
CONTACT PERSON:
TITLE:
MAILING ADDRESS: _ State:_Zip:
TELEPHONE NUMBERS: _ or FAX#:
E-MAIL:
PROPOSED PROJECT NAME:
PROPOSED PROJECT ADDRESS: State:_ Zip:
PROPOSED PROJECT DESCRIPTION
Please check those categories that apply:
0 Administrative costs
El Case management
El Construction/Rehab/Conversion of buildings
Essential services to find/maintain housing
Homeless prevention and assistance
Operation of emergency shelter
*Ali activities proposed must be used to aid homeless individuals,families and homeless youth
In order to be eligible for this funding.
Amount of request; $
1. On a separate sheet of paper, describe your project including how it will increase the capacity of
your agency to meet the needs of persons who are homeless, Do not exceed one page.
2. On a separate sheet of paper, provide the project's other funding sources,
3, Complete the following tables for HHSP General, EHF and HHSP Youth set-aside funds.
FY21-22 HHSP General and EHF
(not to exceed$196,085)
s Budget
Adm I'n—i s-t r a—ti o n-------------
Case Management
—Construction/Rehabilitation/Conversion
Essential Services
Homeless Assistance—Financial Assistance
Homeless Prevention—Financial Assistance
an (does not include Administration)
Total Budget
----------- --
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB12135957
Anticipated Persons Served-HHSP Youth Set-aside
Categories Persons Served_..._m_.._-___-_
Persons Served
Persons expenencing Homelessness in Youth-Headed
Tlis�S�nti�F�ery :es 4:�
Households(can only be provided if youth are also receiving case management,
emergency shelter,street outreach or transitional living)
2.Street Outreach for Persons experiencing Homelessness in Youth-Headed
Households
3.Transitional living for Persons experiencing Homelessness in Youth-Headed
Households
4.Persons expedencing Homelessness in Youth-Headed._�.Households using
day/night shelter
5.Cane management for Persons experiencing Homelessness in Youth-Headed
Households.
Maintaining Housing
1.Children/Youth in Youth-headed Households who were homeless and have
maintained housing for three months anter HHSP exit
NewBeds _._.. ..._._._ ..�....�. mm__.�.�_. .._ .._�.. _.,.�.
1.New Shelter beds created through Construction
2.New Shelter beds created through Rehabilitation
3.New Shelter beds created through Conversion
4.New Transitional Living beds created through Construction
5. New Transitional Living beds created through Rehabilitation
6. New Transitional Living beds created through Conversion
Submitted by: Date:
Title:
Signature:
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB12135957
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EXHIBIT C
INSURANCE REQUIREMENTS
1. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor rnLISt not COInIflenCC 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.
BContractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Cetlificates
of Insurance with applicable policy endorsements showing the following minimurn 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 $200,000 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 ol'all reports of any accidents within 10 days of the accident.
IL 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 covet-age 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 1'exas.
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- VTI.
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:
DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957
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 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
Light to order Contractor to stop work hereunder, and/or withhold any payrnent(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 Linder this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory With respect to ally
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 ftorn any other
obligation contained in this contract.
2023 Insurance Requirements
Ins. Req, Exhibit
Professional Services—Criine-Employee Dishonest),
01/19/20123 Risk Management— Legal Dept.