Loading...
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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 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 � 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 omoveignEnvelope mzvawrux3-4poe4oa2-xaws-no*mAsFC2*ar 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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 oocvoignEnvelope ID:ooa*roaa-4pwe-4oaz-Azes~ooAmAnpruxs7 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. City mCorpus Christi 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 onovnigmEnvelope ID:zo3Brwvu4pam-4nau+ons-onamA6Fuzxor 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 City v,Corpus Christi 63226070008 6 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 PnousiynEnvelope ID:ovoa7xaa-*Paa-4 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 City urCorpus Christi e3226070008 7 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 oorvaignenvrwp ID:zoaar000-4pae-4umu+\ 96'muxnm6FC2m67 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. City n,Corpus Christi 63226070008 8 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 ovrwmignEnvelope|m:zuaormon-4raa-4 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, City mCorpus Christ! 6322e070008 9 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 ouou8ignEnvelope ID:ooaB7*3n-4rae-4pCzAnr 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 City u,Corpus Christi ouzzanrmmu 10 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 oocuGignEnvelope ID:ouon7000-*rsB-4oazxzea-ooxoAnpou*sr 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 City mCorpus Christi 63226070008 11 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 mo*"pignsnv°*p ID:ooaermxo-4Fne-4Fc2x67 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 City ofCorpus Christi 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 ' cmcuSignEnvelope ID:onam7nwu-4*VB-oeau*xoo-onAoma+o2Aor 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 City prco.,"`Christi 13 63226070009 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 mocumonenvolop |m:uVae7xaa'opoe*oaz+\ ns'oa*o*spcuaur 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. City^fCorpus Christi uuuuaorouno 14 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 ovou8NnEnvelope ID:znaB7oo3-*rso4moo*uVo-noxuxVFozmor 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 City mCorpus Cmw 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 oouuSiqnEnvelope ID:zwnu7*no'*rVm'*nau+2ym-on*nxopGcxvr 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. city orcu,pu,Christi 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 000uoNnanvemm m:203e7833'4F6e-+u32+296-nnxnA6rc2A67 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 City orCorpus Christi 63226070008 17 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 nouuoi*nEnvelope ID:omwy7xan-4rm6-4oau+2oe'omxmxsro2*e7 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. City urcu,nuscxms,/ as000rmmx 18 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 ovouSigmcnvewo ID:zmomroon-4pco*vr 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 City urCorpus Christi l� 63226070008 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 o*uuSignEnvelope ID:zoae7*nn-4 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. City o,Corpus Christi 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 000uSi$nEnvelope ID:unoe7eon~*+su4B3a+mes-onAoxuFu2*mr 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 cwvuCorpus Christi eazzwrwon 21 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 mvcuaigoEnvelope ID:znae7ona-*pom*oaa+\ e6-ou*o*6rC2x67 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 City^/Corpus Christi euzuwr000u 22 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 oonumgnenvewp m:uono7oxa'4p6o'*euz*2o6-noamr6rczp6, 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 63226070008 23 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 onnuaignEnvelope ID: uavr 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. City ofCorpus Christi 63226070008 24 DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 F13131 2135957 DocuSign Envelope ID:20387833-4F68-4632-A296-DOADA6FC2A67 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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 oouuaionEnvelope ID:eooe7ans'*psm'4n;a+mo6-on*oAupCz*wr 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: City^,Corpus Christi 63226070008 26 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 ovuuminmEnvelope ID:zoa8r*an-1pso'4Bo2-*oon-oo^nAopoz*sr 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 amumoomm 27 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 mvn"nienEnvelope ID:xoaormao4rem-*aoo+Azeo-o0Ao*opc2*mr 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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 omousignEnvelope ID:zmoo7Vna4ran-4uaz-Azon'ooxo/mrou*ar [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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 oon"oismEnvelope ID:xoxa,auo-*F6o-*mwz~^ano'mu^o/6rcaxs7 (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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 oouvaignEnvelope ID:zpnormoo-4 (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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 moovmignEnvelope ID:zooareou-4FaB-4n3o+2vs'no^ox:po2xor (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 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 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 63226070008 40 000uSignEnvelope ID:coFoAFaB-zFFo-4o92-ono7-41Foo1oonnn7 o^cuSignEnvelope ID:uoao7amo'4FoB-4uuo*ue6-noxoxoroo^o7 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 ren. 0 it to LnL 40 d to = Lr Z' Ln QI CD p E r Q OC t� L V1 � u1 0 C0 SI1 U1 a !1 Q C a�a �- �//f%�f//��//i�%%'��/%ff� O E E Ay > +-n u� CL QJ W% i DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957 w a Qom) 00000000 Sa ci 0 CD 6 C5 cs CO 46 C) 0 �u k.0 to r0II 4� C4 4- O LrLf1 r-4 C) C) > m M rA 0 0 0 0 0 CD 0 0 0 0 0 0 0 CD 0 0 0 o a IV U� 6 60 ui 6 6 6 0 w cn N VIk Af*� CD 000 V� w c 00 Irr 00 'CI. ko m 00 r4 Ln A Ln rq 4J L. C3 41 LCL (d 4J 4� VI 4-0 4- 0 0 0 r r w 00 0 0 0 0 Qj Ln (U 0 Lij c) c) 6 u� 6 6 6 - j W 0O 0 = :3 CL "0 a. 0 cr M r4 V� tn 0 00 0 0 O> > c E M 0 0 0) 00 It 00 1%t 0 w m t3 E u rl. cK -ze 6 00 CI4 0 Ln' 41 tz >- Ew Qu r- N Q)SZ 11-+r- u %D x < 41 cu 0 rA L L4-- a (3) Q) V) 41 4-0 z CL E (1) "0 a . 4� C .2 .2 ('j u u c 4 is ri < U C C �O 4� kaA (Ij c a) 41 1/1 0 131 1"? _0 +j m U) " I- .a) w L- ai w 4-1 > a) 0, E EL E bb V) V) LA W -0 D Ln E: c -C cr w CO LO ai 0 ru 0 m 4..' < E u CL fD ai c: TrO7 V1 >, u T Qj < @) CL V) < m to V)W u c c 4� Ln < 41 4�' (A (a M c (0 ui LY 40 -r 0 th -a u (D n 0 L. 0) < CLes GO 4� 0 X CL _0 W V) LL 4) lJ u Qj cM 0 C? t 4� (a) C) (1) :3 -0 n L- CL 41 LIJ .2 > tA ca 4� �2 E CL z L 0 tr 0 E V Gn ru 0 C: 0 C) 'ZI AA (D ruC, :3 > 2� c ��j JE 0 w U) DocuSign Envelope ID:CBFDAF8B-2FFD-4892-B527-41 FBB1 2135957 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.